W912BU17B0016-Specs.pdf

IFB W912BU-17-B-0016

US Army Corps of Engineers Philadelphia District

Maintenance Dredging

Delaware River Philadelphia to the Sea PA, NJ and DE

Construction Solicitation and Specifications

3 August 2017

This page was intentionally left blank for duplex printing.

3 August 2017

INVITATION NO. W912BU-17-B-0016

PHILADELPHIA DISTRICT

CORPS OF ENGINEERS

INVITATION FOR BIDS

FOR

MAINTENANCE DREDGING

DELAWARE RIVER,

PHILADELPHIA TO THE SEA

PA, NJ & DE

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 00 45 00 OF THIS SOLICITATION AND

SUBMIT THIS WITH THEIR BID.

III. THERE WILL NOT BE A GOVERNMENT CONDUCTED SITE VISIT FOR THIS

PROJECT. THE DISPOSAL AREAS TO BE USED UNDER THIS CONTRACT IS OPEN

TO THE PROSPECTIVE BIDDERS TO ACQUAINT THEMSELVES WITH THE SITE

CONDITIONS AND ANY PROBLEMS INCIDENT TO THE PROSECUTION OF THE WORK.

ALL THOSE PLANNING ON VISITING THE DISPOSAL AREA SHALL CONTACT

MICHAEL COX, (PEDRICKTOWN FIELD OFFICE MANAGER) AT (856) 299-6032),

OR SECONDARY POINT-OF-CONTACT JAMES AMADIO (FORT MIFFLIN RESIDENT

ENGINEER) AT (215) 365-1892, TO SCHEDULE THEIR VISIT.

00 10 00-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount_____

BASE BID:

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

2. Mobilization & Demobilization Between New Castle and Cherry Island Range (Dredge Movement and Pipeline Relocation) 1 JOB $_______ $___________

3. Removal & Satisfactory Disposal of Material in New Castle and Cherry Island Range 1,300,000 CY $_______ $___________

TOTAL ESTIMATED BASE BID AMOUNT $______________

OPTION 1:

4. Mobilization & Demobilization to Marcus Hook Range (Dredge Movement and Pipeline Relocation) 1 JOB $_______ $___________

5. Removal & Satisfactory Disposal of Material in Marcus Hook Range 650,000 CY $_______ $___________

TOTAL ESTIMATED OPTION 1 AMOUNT $______________

OPTION 2:

6. Mobilization & Demobilization to Wilmington Harbor, Christina River (Dredge Movement and Pipeline Relocation) 1 JOB L.S. $___________

7. Removal & Satisfactory Disposal of Material in Wilmington Harbor, Christina River 170,000 CY $_______ $___________

TOTAL ESTIMATED OPTION 2 AMOUNT $______________

TOTAL ESTIMATED BASE BID, OPTION 1, AND OPTION 2 AMOUNT $______________

NOTE: 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 05 CONTRACT ADMINISTRATION

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 40 ABSTRACT OF BOTTOM SAMPLES

00 73 50 ACCEPTANCE SECTION SKETCH

00 73 53 MEAN LOWER LOW WATER (MLLW) TO NORTH AMERICAN VERTICAL

DATUM (NAVD) 88 CONVERSIONS

00 73 54 DELAWARE RIVER RANGES, AZIMUTHS, INTERSECTIONS

AND COORDINATES

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. Samples of material to be dredged which are dated as shown were obtained by using a Petersen sampler.

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

c. Weather Conditions. The site of the work varies from sheltered to exposed conditions. It is believed that work can be performed during all seasons of the year except during winter months when ice conditions may interfere with dredging operations, subject to the seasonal time restrictions specified in Section 35 20 23 DREDGING.

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

e. Conditions of Channel. The channel was previously dredged to varying depths. The following records are available for inspection by prospective bidders in the Office of the District Engineer, U.S. Army Engineer District, Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107-3390:

(1) Soundings after dredging, most recent dredging.

(2) Examinations and soundings before dredging, most recent dredging.

(3) Examinations and soundings (before and after dredging) for 1982 to the present for all dredging locations.

(4) Records of sampling, most recent investigation.

(5) NADP Form 27, Report of Hopper Dredge Operation (most recent dredging).

(6) Marcus Hook, Cherry Island and New Castle Ranges and Wilmington Harbor: The Government has in the past experienced significant shoaling during dredging. The Contractor is cautioned to evaluate for himself the effect of bottom changes between before-dredging surveys and the completion of the work assignment. The records of

Section 00 73 00 Page 1 after-dredging surveys for contracts are available for inspection.

f. Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. 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 work assignment waterway. The Contractor shall submit each such request to the U.S. Coast Guard, MSO/Group Philadelphia, 1 Washington Avenue, Philadelphia, PA, 19106 for Delaware River work assignments. 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. The Contractor shall also notify the U.S. Coast Guard prior to the movement of his dredge plant from one acceptance section to another on the opposite side of the channel. Upon completion of dredging in a work assignment area, the Contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under the contract in navigable waters and on shore.

g. Navigation Aids. The Contractor shall not relocate or move any aids to navigation that have been established by the U.S. Coast Guard. If it becomes necessary to have any aid to navigation moved in order to complete dredging operations under this contract, the Contractor shall notify the Fifth Coast Guard District (dpw) at least 45 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.

h. Location. The potential work assignment areas are at various locations in the Delaware River between Stations 117+000 and 237+000 and Wilmington Harbor, Christina River. The Contracting Officer reserves the right to issue additional work assignments in the Delaware River project channel.

Should additional work assignments be issued, the Government will make available appropriate disposal area locations.

i. Laying of Submerged Pipelines and Obstruction of Channel. When the disposal area is on the opposite side of the navigation channel from the dredging area, a submerged pipeline shall be used to cross the channel. If the submerged line is to be placed across a navigable channel, the Contractor shall submit a request for approval, at least three 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 19106 for the Delaware River and to Commander (OAN), Fifth

Section 00 73 00 Page 2

Coast Guard District, 431 Crawford Street, Portsmouth, VA 23704 for the Delaware River. A copy of each request containing the following information shall be submitted to the Contracting Officer:

(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 than those requested. IT SHALL BE

THE CONTRACTOR'S RESPONSIBILITY TO COORDINATE HIS PLANS 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. The minimum depth to the top of any submerged pipe in the Delaware River shall not be less than that shown as the required dredging depth for the appropriate acceptance section(s) shown on the drawings.

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

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

HORIZONTAL VERTICAL MILES

LOCATION TYPE CLEARANCE CLEARANCE ABOVE MOUTH

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

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

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

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

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

(2) The location and elevation of oil, gas, telephone and power lines crossing the river are shown in the following table:

LOCATION DESCRIPTION ELEVATION

Just north of Pea Patch Aerial power cables Min. Height 223 ft Island between Red Lion (Delmarva Power & above MHW across Creek, DE and Killcohook Light Co.) navigation channel

Section 00 73 00 Page 3

National Wildlife Refuge

New Castle, Del. across 2 Submarine telephone Min. depth 59 ft.

Deepwater Range to cables (AT & T) below MLW Penns Beach, NJ across channel

Pigeon Pt., Del. to 8 Submarine power cables 50 ft. below Deepwater Pt., NJ (Del. Power & Light Co.) MLW on natural bottom

Claymont, Del. across 20 inch submarine gas Min. depth 60 ft.

Marcus Hook Range pipeline (Columbia below MLW to Logan Twp., NJ Gas Transmission Corp.) across channel

Lower end of Marcus Hook 1-8 inch, 3-6 inch, and Min. depth 60 ft.

Anchorage, between New 3-4 inch submarine pipe below MLW Castle Co., DE & Logan Twp. lines (Sunolin Chemical Gloucester, Co., NJ Co.)

Lower end of Marcus Hook l-l6 inch submarine pipe Min. depth 60 ft.

Anchorage, between New line (Transcontinental below MLW Castle Co., DE & Logan Twp. Gas Pipeline Co.)

Gloucester, Co., NJ

Just south of Del. State 2-30 inch submarine oil Min. depth 57 ft.

line across Marcus Hook pipelines (Colonial below MLW Range and Anchorage Pipeline Co.) across channel between Claymont, Del. and anchorage and Logan Twp., NJ

Just north of Del. State 12 inch Submarine gas 65 ft. below line at Marcus Hook, PA to pipeline (Transconti- MLW across a point 1-1/2 miles down- nental Gas Pipeline channel and stream from mouth of Corp.) present anchorage Raccoon Creek, Logan Twp., Gloucester Co., NJ

Near upstream end of 2-20 inch,1-6 inch sub- Min. depth 52.6 Marcus Hook Range, marine gas pipelines ft. below MLW between Chester, PA (Transcontinental across channel and Logan Twp., Pipeline Corp.) and anchorage Gloucester Co., NJ

Near upstream end of Aerial power cables Min. height 210 Marcus Hook Range, (Phila. Elec. Co. ft. above MHW between Chester, PA & Atlantic City and Logan Twp., Elec. Co.)

Gloucester Co., NJ

Near upstream end of Submarine power On bed of river Marcus Hook Range, cables (Phila. Elec.

between Chester, PA Co. & Atlantic City and Logan Twp., Elect. Co.) 2 cables Gloucester Co., NJ between PA shore & westerly tower and 2 cables between NJ shore & easterly tower

Approximately 50 ft. 1-8 inch, 1-10 inch, Min. depth 56 ft.

Section 00 73 00 Page 4 below Tinicum Range 1-12 inch, submarine below MLW Front Light between pipelines (Sacony Paulsboro, NJ and Vacuum Oil Co.)

Tinicum Twp., Del. Co., PA

Between Hog Island, 1-10 inch, submarine Min. depth 58 ft.

Delaware Co., PA & West petroleum pipeline below MLW Deptford, NJ (Colonial Pipeline Co.)

Opposite International 1-24 inch, submarine 60 ft. below MLW Airport, Phila., PA pipeline (Laurel across channel across Mifflin Range Pipeline Co.) and anchorage Sta. 65+550

Opposite International 1-8 inch, 1-12 inch, 55 ft. below MLW Airport, Phila., PA, submarine petroleum across channel and across Mifflin Range pipe lines anchorage Sta. 64+750 (Sinclair Pipe Line Co. & Gulf Oil Corps.)

1600 ft. downstream 2-10 inch, submarine 60 ft. below MLW Walt Whitman gas pipe lines across channel Bridge (Transcontinental and anchorage Gas Pipe Line Corp.)

Foot of Arch St. Phila., 12 submarine telephone In single trench, PA, to foot of Penn St., cables, 3 submarine 50 ft. below MLW Camden, NJ pipelines (Bell between U.S. Govt.

Telephone Co. of PA) pier-head lines

Just north of Ben Franklin Submerged fiber optics Min. depth 10 ft Bridge from Weeks cable (Lightnet Corp.) below authorized Marine Inc. property in Federal project Camden, NJ to Pier 25 in depths Phila. PA

The Contractor shall take all necessary precautions to prevent damage to these utilities. The Contractor shall cause timely notice of the dredging to be given to the owners and, when in the opinion of the Contractor such action is necessary, he shall request that the Government require said owner or owners to mark the pipelines or move the cables so as to avoid interference with the dredging operations. Any request made by the Contractor shall be within 30 days following his receipt of the Notice to Proceed.

Disclaimer: The above information may not be complete and it is the Contractor's responsibility to investigate all utility crossings.

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

l. The Delaware River, Philadelphia to the Sea Project is currently being dredged under Contract No. W912BU-16-C-0017 by Great Lakes Dredge and Lock Company. Anticipated completion is September 2017.

Section 00 73 00 Page 5

m. Disposal Areas: The following Government-furnished disposal areas are available for use under this contract, subject to the restrictions below:

Base Bid and Option 1:

(1) Killcohook Area #1 shall be used for the Cherry Island and New Castle Range;

(2) Pedricktown North shall be used for the Marcus Hook Range (Option 1);

Option 2:

Wilmington Harbor North

Drawings showing the disposal areas are enclosed. Drawings are marked to indicate the discharge pipe limits within disposal areas of the Contractor-owned discharge pipes, where applicable.

n. Magnitude of the Contract Work. The estimated value of the contract is between $10,000,000 and $25,000,000.

o. Survey control description sheets are included as Section 00 73 30 of this contract.

p. "Abstract of Bottom Samples" can be found in Section 00 73 40 of this contract. Channel bottom samples are available for inspection in the project office at Fort Mifflin, Philadelphia, PA. The Contractor shall contact Timothy Rooney of the Philadelphia District, telephone (215)656-6592, to arrange access to the samples.

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

Section 00 73 00 Page 6 to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR clause 52.222-8, Payrolls and Basic Records and FAR clause 52.222-13, Compliance with Davis-Bacon and Related Act Regulations.

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

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

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

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

Section 00 73 00 Page 7 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 I and II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule.

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

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

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

(UAI 31.105-101)

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

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

1.5 DAMAGE TO WORK

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

Section 00 73 00 Page 8 provided, damages to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense regardless of the cause of such damage. (CENAP)

1.6 CERTIFICATES OF COMPLIANCE

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

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

(CENAP)

1.7 PERFORMANCE EVALUATION OF CONTRACTOR (MAR 2014)

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

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

(CPARS).

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

Section 00 73 00 Page 9

1.8 SIGNAL LIGHTS (FEB 1983)

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

1.9 CONTINUITY OF WORK (APR 1965 OCE)

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

1.10 FINAL EXAMINATION AND ACCEPTANCE (APR 1965 OCE)

a. As soon as practicable after the completion of the entire work or any section thereof (if the work is divided into sections) as in the opinion of the Contracting Officer will not be subject to damage by further operations under the contract, such work will be thoroughly examined at the cost and expense of the Government by sounding or by sweeping, or both, as determined by the Contracting Officer. Should any shoals, lumps, or other lack of contract depth be disclosed by this examination the Contractor will be required to remove same by dragging the bottom or by dredging at the contract rate for dredging, but if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of such shoal may be waived by the discretion of the Contracting Officer. The Contractor or his authorized representative will be notified when soundings and/or sweepings are to be made, and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition, it will be accepted finally. Should more than two soundings or sweeping operations by the Government over an area be necessary by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of such third and any subsequent sounding or sweeping operations will be charged against the Contractor. The rate of each day in which the Government plant is engaged in such sounding or sweeping operations and/or is enroute to or from the site or held, for the Contractor's convenience, at or near the site for these operations shall be $5,500.00, except on Saturday, Sunday and holidays when the rate shall be $6,000.00.

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

Section 00 73 00 Page 10

(CENAP)

1.11 SHOALING (1965 APR OCE)

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

1.12 INSPECTION (DEC 1996)

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

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

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

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

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

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

Section 00 73 00 Page 11

1.14 INSURANCE REQUIREMENTS

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

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

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

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

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

As appropriate for this contract.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

Section 00 73 00 Page 12

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: 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 3

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 4

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.