17B0012-Specs.pdf

IFB W912BU-17-B-0012

US Army Corps of Engineers Philadelphia District

Flood Control and Coastal Emergency Repair

Delaware Coast from Cape Henlopen to Fenwick Island

Bethany, South Bethany, and Fenwick Island, Delaware

Construction Solicitation and Specifications

7 August 2017

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7 AUGUST 2017

INVITATION NO. W912BU-17-B-0012

PHILADELPHIA DISTRICT

CORPS OF ENGINEERS

INVITATION FOR BIDS

FOR

FLOOD CONTROL AND COASTAL EMERGENCY REPAIR

DELAWARE COAST FROM CAPE HENLOPEN

TO FENWICK ISLAND

BETHANY, SOUTH BETHANY, AND

FENWICK ISLAND, DELAWARE

I. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE

WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. BIDDERS ARE REQUIRED TO COMPLETE THE REPRESENTATION AND CERTIFICATIONS

PORTION OF SECTION 00600 OF THIS SOLICITATION AND SUBMIT THIS WITH THEIR

BIDS.

III. PROSPECTIVE BIDDERS ARE ENCOURAGED TO VISIT THE SITE OF THE WORK AT

THEIR CONVENIENCE IN ORDER TO ACQUAINT THEMSELVES WITH THE SITE CONDITIONS

AND ANY PROBLEMS INCIDENT TO THE PROSECUTION OF THE WORK. THERE WILL BE NO

SCHEDULED SITE VISIT.

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 LS $____________

BETHANY

2. Beachfill 559,000 CY $______ $____________

3. Pedestrian Dune Crossover 12,425 SF $______ $____________

4. Vehicular Dune Crossover 4,825 SF $______ $____________

5. ADA Accessible Dune Crossover 1,000 SF $______ $____________

6. Post and Rail Fence 350 LF $______ $____________

7. Removal and Replacement of ADA Grab Rail 700 LF $______ $____________

8. Sand Fence 13,800 LF $______ $____________

9. Dune Grass 54,000 SY $______ $____________

10. MEC Modifications and Monitoring 1 JOB LS $____________

SOUTH BETHANY

11. Beachfill 420,000 CY $______ $____________

12. Pedestrian Dune Crossover 14,100 SF $______ $____________

13. Vehicular Dune Crossover 2,725 SF $______ $____________

14. ADA Accessible Dune Crossover 800 SF $______ $____________

15. Post and Rail Fence 325 LF $______ $____________

16. Removal and Replacement of ADA Grab Rail 100 LF $______ $____________

00010-4

17. Sand Fence 8,225 LF $______ $____________

18. Dune Grass 28,350 SY $______ $____________

19. MEC Modifications and Monitoring 1 JOB LS $____________

FENWICK ISLAND

20. Beachfill 228,000 CY $______ $____________

21. ADA Accessible Dune Crossover 1,400 SF $______ $____________

22. Post and Rail Fence 550 LF $______ $____________

23. Sand Fence 400 LF $______ $____________

24. MEC Modifications and Monitoring 1 JOB LS $____________

TOTAL ESTIMATED BASE BID AMOUNT $_________________

OPTIONS:

BETHANY OPTIONS

25. OPTION 1 - Beachfill 50,000 CY $______ $____________

26. OPTION 2 - Beachfill 50,000 CY $______ $____________

SOUTH BETHANY OPTIONS

27. OPTION 3 - Beachfill 40,000 CY $______ $____________

28. OPTION 4 - Beachfill 40,000 CY $______ $____________

FENWICK ISLAND OPTIONS

29. OPTION 5 - Beachfill 50,000 CY $______ $____________

TOTAL ESTIMATED BASE BID AND OPTIONS AMOUNT $_________________

NOTES:

1. Bidders must bid on all items.

SECTION 00 50 05

PRE-AWARD SURVEY SUBMITTAL REQUIREMENTS

PART 1 GENERAL

1.1 DEFINITIVE RESPONSIBILITY CRITERIA

Award of this Contract will be made as a whole to the lowest responsive and responsible Bidder whose bid conforms to all requirements of the specifications. Subsequent to the bid opening, the apparent low Bidder shall submit Pre-Award Survey Information that demonstrates compliance with the requirements set forth in this section as a precondition to receiving award.

1.2 GENERAL PRE-AWARD SURVEY INFORMATION

Complete the pre-award survey information sheets attached to this section, and submit to the Contracting Officer within 5 calendar days after bid opening.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

Section 00 50 05 Page 1

US ARMY CORPS OF ENGINEERS

PHILADELPHIA DISTRICT

PRE-AWARD SURVEY

A. GENERAL INFORMATION

1) Name of Firm: ___________________________________________________________________

Address: __________________________________________________________________________

Phone: _____________________________________ Fax:__________________________________

Email: ____________________________________________________________________________

CAGE CODE:

If your company has more than one CAGE Code, please list all that apply.

2) Location where accounts are kept (if different than item 1 above): ____________________________

3) Type of Firm (Please check one):

Sole Proprietorship [ ] Partnership [ ] Corporation [ ] Joint Venture [ ] Other

Date Organized: ____________________________________

Date Incorporated: __________________________________

State of Incorporation: _______________________________

4) Attach list of Name of Officers.

Please check "Yes" or "No" for each of the following:

Have current officers of your firm ever been indicted? Yes [ ] No [ ]

Are any of your officers currently under indictment? Yes [ ] No [ ]

If you have answered "Yes" to either of the above, please attach an explanation.

5) Has your firm been terminated for default on any contracts in the past six years? Yes [ ] No [ ] (If yes, please attach an explanation)

00 50 05 Page 2

B. PROPOSED SCHEDULE

Submit a preliminary schedule depicting your project plan from start to final completion. The schedule you submit will be used to determine your ability to successfully perform the project within the time frame stated in the specifications.

IAW FAR 52.236-15, Schedules for Construction Contracts, you will be required to submit a fully loaded schedule within five days after work commences on the awarded contract.

C. PERFORMANCE AND PAYMENT BOND INFORMATION

1) Performance & Payment Bonds will be furnished by:

Name of Company: _______________________________________________________________

Phone No: _____________________________________________________________________

2) Firm's bonding capacity as authorized by your Insurance Company:

Single Project: ___________________________________________________________________

Aggregate Basis: _________________________________________________________________

D. BANKING INFORMATION

Name of Bank: ___________________________________________________________________

Address: ________________________________________________________________________

Account Representative: ____________________________________________________________

Phone No: ________________________________ E-mail: _______________________________

Authorized Credit Line: ________________________________________________

If additional banks are utilized, please provide this information for each.

E. INSURANCE INFORMATION

Name of Insurance Company: ______________________________________________________

Type of Insurance Provided: _______________________________________________________

Insurance Agency: _______________________________________________________________

Address: _______________________________________________________________________

Agent: _________________________________________________________________________

Phone No: ______________________________ Email: _________________________________

If more than one insurance company is utilized, please provide this formation for each.

00 50 05 Page 3

F. FINANCIAL DATA

Please provide the last two certified public accountant's financial statements.

G. SAFETYDATA

Please check "Yes" or "No" for each of the following:

1. Does your firm have a Standard Operating Procedure for Safety?

Yes [ ] No [ ] If yes, please provide a copy.

Does your firm have a Policy Letter dealing with Safety?

Yes [ ] No [ ] If yes, please provide a copy.

2. What was your accident rate for last year? _____________________

3. What is your accident rate to date for this year? ____________________

H. QUALITY CONTROL DATA

Please check "Yes" or "No" for each of the following:

1. Does your firm have a Standard Operating Procedure for Quality Control?

Yes [ ] No [ ] If yes, please provide a copy.

2. Does your firm have a Policy Letter dealing with Quality Control?

Yes [ ] No [ ] If yes, please provide a copy.

I. EQUIPMENT DATA

Please provide the following data for each piece of construction equipment (including equipment you will rent or lease), intended to be used on the project. Do not include consumables.

Make Year Mfg.

Description Purchase Price (if equipment is owned) Size Book Value (if equipment is owned) Model Number Unpaid Balance (if equipment is owned)

J. EXPERIENCE DATA

1. Please provide the following data for all major projects in progress or completed with the past three years.

Also, provide the same data for Corps of Engineer projects completed within the last five years. Those projects containing work similar in nature to that involved under this solicitation are to marked with an asterisk (*).

Name and Address of Owner Point of Contact and Telephone Number Project Location Type of Work performed by your firm Indicate whether you performed as a prime or subcontractor Name of Architect/Engineer in charge for Owner Address of Architect/Engineer Contract or Subcontract Amount Approximate date completed or, if not completed provide percent complete

00 50 05 Page 4

Were time extensions necessary? Were penalties imposed? Were liens, claims or stop work orders filed?

2. How many years have you been in business as a contractor? ________________________________

3. How many years experience in the type of work involved in the subject solicitation do you have

a) as prime contractor? ___________________________________

b) as a subcontractor? ___________________________________

K. KEY PROJECT PERSONNEL

Please provide resumes for each of the following key personnel to be assigned to this project:

Project Engineer, Superintendent, Quality Control Manager/Technician, Safety Technician, Office Engineer

(Signature of Person Supplying Data)

(Print or Type Name and Title of Person Supplying Data)

(Phone No.)

(Email Address)

00 50 05 Page 5

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

00 73 00 SPECIAL CLAUSES

00 73 15 WAGE RATES

00 73 25 REGIONS FOR CONSTRUCTION EQUIPMENT OWNERSHIP AND

OPERATION EXPENSE SCHEDULE

00 73 30 SURVEY CONTROL DESCRIPTION SHEETS

00 73 41 VIBRACORE LOGS

00 73 42 SIEVE CURVES FOR VIBRACORE SAMPLES

00 73 90 ENG FORM 2087 – GRADATION CURVES

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 drawings and in the specifications are the result of site investigations by surveys.

b. Tide Data. As indicated on drawings.

c. Weather Conditions. The site of the work is in the open ocean and is exposed to storms. However, safe refuge from the ocean is available in Harbor of Refuge, Delaware Bay (approximately 5 miles northwest of Rehoboth Beach), Indian River Inlet (approximately midway between Dewey Beach and Bethany Beach), and Ocean City Inlet (approximately 10 miles South of Fenwick). It is believed that work can be performed during all seasons of the year with the exception that during winter months ice conditions may interfere with dredging operations. The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions during the dredging period.

d. Channel Traffic. Traffic in the work area consists of ocean going and commercial fishing and sport fishing vessels, U.S. Coast Guard vessels, and recreational craft.

e. 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. The Contractor will be required to 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 an 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 for each work assignment advising navigation interests that the Contractor's dredging plant will be operating in the Harbor. The Contractor shall submit each such request to the U.S. Coast Guard, MSO/Group Philadelphia, 1 Washington Avenue, Philadelphia, PA 19147-4395. The Contractor shall 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. Upon completion of dredging, 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.

f. 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

Section 00 73 00 Page 1 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 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 at (757)398-6230 or Waterways Management Assistant Section Chief/NJ, DE, PA Project Officer: LCDR Tiffany Johnson at (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 to the designated points of contact. The leaving of voicemail messages will not be 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.

g. Transportation Facilities. The work site is accessible from U.S. Route 13 and Delaware Route 1. The Contractor shall be responsible for investigations of load carrying capacities of all bridges and roadways.

h. Location. The towns of Fenwick, Bethany Beach and South Bethany, are located on the Atlantic coast of Delaware in Sussex County.

i. Laying of Submerged Pipelines and Obstruction of Channel. Should it become necessary in the performance of this contract to use a submerged pipeline, the Contractor shall notify the Contracting Officer in advance of the schedule for 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 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 to Bridge Radio Telephone Equipment. In order that radio telephone communication may be made with passing vessels, all dredges 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.

Section 00 73 00 Page 2

k. Survey control descriptions are included as Section 00 73 30.

l. Magnitude of the Contract Work. The estimated value of the contract is more than $10,000,000.

m. Vibracore logs representative of the material to be dredged under this contract are included as Section 00 73 41. Particle size distribution curve sheets are included as Section 00 73 42.

n. Inspection of the Site. Prospective bidders are invited to visit the site of the work to acquaint themselves with the site conditions and any problems incident to the prosecution of the work.

1.2 LAYOUT OF WORK (DEC 1996)

The Contractor shall lay out its work from Government-provided channel coordinates and survey control points, furnished as part of each work assignment. 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 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

Section 00 73 00 Page 3 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 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

Section 00 73 00 Page 4 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 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

Section 00 73 00 Page 5 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 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 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

Section 00 73 00 Page 6 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)

1.10 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 bid items. If the Contractor fails to meet these requirements, the facilities referred to above will be secured by the 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)

1.11 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."

Section 00 73 00 Page 7

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

As appropriate for this contract.

1.12 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the contractor. Key players within this partnership may also include subcontractors, users, operators, tenants or other parties deemed appropriate by the Government and contractor. This partnership would strive to draw upon the strengths of each organization and a system of superior real time communications that will be developed by the partners in an effort to achieve a quality product, on time and within budget. This partnership would be developed bilaterally and participation will be totally voluntary. Costs associated with effectuating this partnership will be absorbed by the parties as an alternate method of normal contract administration activities with no change in contract price. Activities are expected to include one or more brainstorming sessions among potential partners pursuant to a Memorandum-Of-Understanding that will detail the bylaws of operation.

By-laws will establish, for example, an effective means of addressing clarifications or issues that may develop during the construction process, to include real time Alternate Dispute Resolution procedures to effectively address those issues that are not more readily resolved. Effective Partnering is expected to be beneficial to all parties. (CENAP)

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

Section 00 73 00 Page 8

Section 00 73 15 Page 1

SECTION 00 73 15

WAGE RATES

The work to be performed under this contract is classified as

HEAVY/DREDGING

Section 00 73 15 Page 2

General Decision Number: DE170002 01/06/2017 DE2

Superseded General Decision Number: DE20160002

State: Delaware

Construction Types: Heavy Dredging

Counties: Delaware Statewide.

SELF-PROPELLED HOPPER DREDGING

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any 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 $10.20 per hour (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 2017. 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 01/06/2017

SUDE1993-001 05/24/1993

Rates Fringes

Self-Propelled Hopper Dredge Drag Tenders................$ 8.21

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic

Section 00 73 15 Page 3 violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

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

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

Section 00 73 15 Page 4 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 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

Section 00 73 15 Page 5 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 6

General Decision Number: DE170003 01/27/2017 DE3

Superseded General Decision Number: DE20160003

State: Delaware

Construction Type: Heavy Dredging

Counties: Delaware Statewide.

DELAWARE

All dredging, except self-propelled hopper dredges, on the Atlantic Coast to the southerly border of the state of Maryland, tributary waters emptying into the Atlantic Ocean, the Chesapeake and Delaware Canal, Baltimore City and Baltimore County, Maryland

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any 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 $10.20 (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 2017.

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 01/06/2017 1 01/27/2017

* ENGI0025-001 10/01/2016

STATEWIDE

Rates Fringes

Dredging:

CLASS A.....................$ 37.25 15.66+a+b CLASS B1....................$ 32.22 15.26+a+b CLASS B2....................$ 30.33 15.11+a+b CLASS C1....................$ 29.50 14.29+a+b CLASS C2....................$ 28.54 14.21+a+b CLASS D.....................$ 23.71 13.08+a+b

CLASSIFICATIONS:

CLASS A: Lead Dredgeman, Operator, Leverman, Licensed Tug Operator over 1000 HP.

CLASS B1: Derrick Operator, Spider/Spill Barge Operator, Engineer, Electrician, Chief Welder, Chief Mate, Fill Placer, Operator II, Maintenance Engineer, Licensed Boat

Section 00 73 15 Page 7

Operator. CLASS B2: Certified Welder.

CLASS C1: Mate, Drag Barge Operator, Steward, Assistant Fill Placer, Welder.

CLASS C2: Boat Operator CLASS D: Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Porter/Janitor, Oiler.

INCENTIVE PAY: (Add to Hourly Rate) Operator (NCCCO License/Certification) $1.50 Licensed Tug Operator over 1000 HP (Assigned as Master) (USCG licensed Master of Towing Vessels (MOTV) $1.50; Licensed Boat Operator (Assigned as lead boat captain) USCG licensed boat operator $1.00; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.50 Oiler (QMED and Tankerman endorsement (USCG) $1.50; All classifications (Tankerman endorsement only) USCG $1.25;

Deckhand or Mate (AB with Lifeboatman endorsement (USCG) $1.50; All classifications (lifeboatman endorsement only (USCG) $1.25; Welder (ABS certification) $0.50

FOOTNOTES APPLICABLE TO ABOVE CRAFTS:

a. PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr.'s Birthday, Memorial Day, Good Friday, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day

b. VACATION: Eight percent (8%) of the straight time rate, multiplied by the total hours worked.

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

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)).

Section 00 73 15 Page 8

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

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

Section 00 73 15 Page 9 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…