W912BU20B0012-Specs.pdf

IFB W912BU20B0012

US Army Corps of Engineers Philadelphia District

Maintenance Dredging

Delaware River Philadelphia to the Sea PA, NJ and DE

Construction Solicitation and Specifications

26 August 2020

This page was intentionally left blank for duplex printing.

26 AUGUST 2020

INVITATION NO. W912BU20B0012

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 ARE 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______

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

2. Mobilization & Demobilization Between Marcus Hook, Deepwater Point, and New Castle Island Ranges (Dredge Movement and Pipeline Relocation) 2 EA $_______ $___________

3. Removal & Satisfactory Disposal of Material in Delaware River 2,150,000 CY $_______ $___________

TOTAL ESTIMATED BID 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

SECTION 00 73 46

WAGE RATES

Section 00 73 46 Page 1

"General Decision Number: DE20200003 01/03/2020

Superseded General Decision Number: DE20190003

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 $10.80 for calendar year 2020 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 $10.80 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 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above mentioned types of contracts entered into by the federal government that are subject to the Davis Bacon Act itself, but it does not apply to contracts subject only to the Davis Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2) (60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020

* ENGI0025 001 10/01/2019

Section 00 73 46 Page 2

STATEWIDE

Rates Fringes

Dredging:

CLASS A1....................$ 40.31 18.46+a+b CLASS A2....................$ 35.92 18.46+a+b CLASS B1....................$ 34.86 18.46+a+b CLASS B2....................$ 32.82 18.46+a+b CLASS C1....................$ 31.92 18.16+a+b CLASS C2....................$ 30.89 18.16+a+b CLASS D.....................$ 25.66 17.86+a+b

CLASSIFICATIONS:

CLASS A1: Deck Captain; Mechanical Dredge Operator, Leverman, Licensed Tug Operator over 1000 HP.

CLASS A2: Crane Operator (360 swing).

CLASS B1: Derrick Operator (180 swing), Spider/Spill Barge Operator, Engineer, Electrician, Chief Welder, Chief Mate, Fill Placer, Operator II, Maintenance Engineer, Licensed Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

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

CLASS C2: Boat Operator.

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

INCENTIVE PAY: (Add to Hourly Rate) Operator (NCCCO License/Certification) $1.80 Licensed Tug Operator over 1000 HP (Assigned as Master) (USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed Boat Operator (Assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80 Oiler (QMED and Tankerman endorsement (USCG) $1.80; All classifications (Tankerman endorsement only) USCG $1.55;

Deckhand or Mate (AB with Lifeboatman endorsement (USCG) $1.80; All classifications (lifeboatman endorsement only (USCG) $1.55; Welder (ABS certification) $1.55

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.

Section 00 73 46 Page 3

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)).

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

Section 00 73 46 Page 4 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 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.

Section 00 73 46 Page 5

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 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:

Section 00 73 46 Page 6

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 46 Page 7

"General Decision Number: NJ20200003 01/03/2020

Superseded General Decision Number: NJ20190003

State: New Jersey

Construction Type: Heavy Dredging

Counties: Atlantic, Bergen, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Mercer, Middlesex, Monmouth, Ocean, Salem and Union Counties in New Jersey.

STATEWIDE

All dredging except self propelled hopper dredging on the Atlantic Coast and tributary waters emptying into the Atlantic Ocean

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 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 $10.80 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 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above mentioned types of contracts entered into by the federal government that are subject to the Davis Bacon Act itself, but it does not apply to contracts subject only to the Davis Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2) (60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020

Section 00 73 46 Page 8

* ENGI0025 001 10/01/2019

Rates Fringes

Dredging:

CLASS A1....................$ 40.31 18.46+a+b CLASS A2....................$ 35.92 18.46+a+b CLASS B1....................$ 34.86 18.46+a+b CLASS B2....................$ 32.82 18.46+a+b CLASS C1....................$ 31.92 18.16+a+b CLASS C2....................$ 30.89 18.16+a+b CLASS D.....................$ 25.66 17.86+a+b

CLASSIFICATIONS:

CLASS A1: Deck Captain; Mechanical Dredge Operator, Leverman, Licensed Tug Operator over 1000 HP.

CLASS A2: Crane Operator (360 swing).

CLASS B1: Derrick Operator (180 swing), Spider/Spill Barge Operator, Engineer, Electrician, Chief Welder, Chief Mate, Fill Placer, Operator II, Maintenance Engineer, Licensed Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

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

CLASS C2: Boat Operator.

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

INCENTIVE PAY: (Add to Hourly Rate) Operator (NCCCO License/Certification) $1.80 Licensed Tug Operator over 1000 HP (Assigned as Master) (USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed Boat Operator (Assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80 Oiler (QMED and Tankerman endorsement (USCG) $1.80; All classifications (Tankerman endorsement only) USCG $1.55;

Deckhand or Mate (AB with Lifeboatman endorsement (USCG) $1.80; All classifications (lifeboatman endorsement only (USCG) $1.55; Welder (ABS certification) $1.55

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.

Section 00 73 46 Page 9

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)).

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

Section 00 73 46 Page 10 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 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.

Section 00 73 46 Page 11 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 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

Section 00 73 46 Page 12

Review Board (formerly the Wage Appeals Board). Write to:

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 46 Page 13

"General Decision Number: PA20200028 01/03/2020

Superseded General Decision Number: PA20190028

State: Pennsylvania

Construction Type: Heavy Dredging

Counties: Pennsylvania Statewide.

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 & Delaware Canal, Baltimore City and Baltimore County, Maryland.

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 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 $10.80 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 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above mentioned types of contracts entered into by the federal government that are subject to the Davis Bacon Act itself, but it does not apply to contracts subject only to the Davis Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2) (60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020

* ENGI0025 001 10/01/2019

Section 00 73 46 Page 14

Rates Fringes

Dredging:

CLASS A1....................$ 40.31 18.46+a+b CLASS A2....................$ 35.92 18.46+a+b CLASS B1....................$ 34.86 18.46+a+b CLASS B2....................$ 32.82 18.46+a+b CLASS C1....................$ 31.92 18.16+a+b CLASS C2....................$ 30.89 18.16+a+b CLASS D.....................$ 25.66 17.86+a+b

CLASSIFICATIONS:

CLASS A1: Deck Captain; Mechanical Dredge Operator, Leverman, Licensed Tug Operator over 1000 HP.

CLASS A2: Crane Operator (360 swing).

CLASS B1: Derrick Operator (180 swing), Spider/Spill Barge Operator, Engineer, Electrician, Chief Welder, Chief Mate, Fill Placer, Operator II, Maintenance Engineer, Licensed Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

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

CLASS C2: Boat Operator.

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

INCENTIVE PAY: (Add to Hourly Rate) Operator (NCCCO License/Certification) $1.80 Licensed Tug Operator over 1000 HP (Assigned as Master) (USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed Boat Operator (Assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80 Oiler (QMED and Tankerman endorsement (USCG) $1.80; All classifications (Tankerman endorsement only) USCG $1.55;

Deckhand or Mate (AB with Lifeboatman endorsement (USCG) $1.80; All classifications (lifeboatman endorsement only (USCG) $1.55; Welder (ABS certification) $1.55

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.

Section 00 73 46 Page 15

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)).

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

Section 00 73 46 Page 16 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 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.

Section 00 73 46 Page 17 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 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:

Section 00 73 46 Page 18

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

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PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 35 50 DIVING SERVICES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 QUALITY CONTROL

01 45 05 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

35 20 33 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM PIPELINE

HYDRAULIC DREDGE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Superintendent's Qualifications; G

Evidence Of Insurance

SD-11 Closeout Submittals

Certified Labor Payrolls

1.3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

In addition to FAR 52.211-10 of Section 00 70 00 CONTRACT CLAUSES:

a. The Contractor shall:

(1) commence mobilization of floating plant, pipe, etc., under this contract within 15 calendar days after the date of receipt by him of notice to proceed, and

(2) complete the entire work for use not later than 130 calendar days after the date the Contractor receives the notice to proceed.

1.4 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

The liquidated damages amount for FAR 52.211-12 in Section 00 70 00 CONTRACT CLAUSES, is $2,903.75.

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1.5 SUPERVISION

1.5.1 Minimum Communication Requirements

Have at least one qualified superintendent, or competent alternate, capable of reading, writing, and conversing fluently in the English language, on the job-site at all times during the performance of contract work. In addition, if a Quality Control (QC) representative is required on the contract, then that individual must also have fluent English communication skills.

1.5.2 Superintendent Qualifications

The project superintendent must have a minimum of 10 years experience in construction with at least 5 of those years as a superintendent on projects similar in size and complexity. The individual must be familiar with the requirements of EM 385-1-1 and have experience in the areas of hazard identification and safety compliance. The individual must be capable of interpreting a critical path schedule and construction drawings. The qualification requirements for the alternate superintendent are the same as for the project superintendent. Submit superintendent's qualifications prior to mobilization to the work site.

For routine projects where the superintendent is permitted to also serve as the Quality Control (QC) Manager as established in Section 01 45 00 QUALITY CONTROL, the superintendent must have qualifications in accordance with that section.

1.5.2.1 Duties

The project superintendent is primarily responsible for managing and coordinating day-to-day production and schedule adherence on the project.

The superintendent is required to attend partnering meetings, and quality control meetings. The superintendent or qualified alternative must be on-site at all times during the performance of this contract until the work is completed and accepted.

1.5.3 Non-Compliance Actions

The Project Superintendent is subject to removal by the Contracting Officer for non-compliance with requirements specified in the contract and for failure to manage the project to insure timely completion. Furthermore, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders is acceptable as the subject of claim for extension of time for excess costs or damages by the Contractor.

1.6 PRECONSTRUCTION CONFERENCE

After award of the contract but prior to commencement of any work at the site, meet with the Contracting Officer to discuss and develop a mutual understanding relative to the administration of the value engineering and safety program, preparation of the schedule of prices or earned value report, shop drawings, and other submittals, scheduling programming, prosecution of the work, clear expectations of the "Interim DD Form 1354" Submittal, and the processes for joint risk management between the Contractor and Government. Major subcontractors who will engage in the work must also attend.

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1.7 U.S. COAST GUARD COORDINATION MEETING

Prior to any work, conduct coordination meeting with U.S. Coast Guard and USACE to facilitate safe marine traffic scheme for navigation.

1.8 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 and dated as shown were obtained by using harpoon samplers.

b. Tide Data. Tide tables and tidal current tables for the Delaware River may be obtained from the National Ocean Service, Distribution Division, 6501 Lafayette Avenue, Riverdale, MD 20840. The channel depths specified herein are referenced to mean lower low water(MLLW). The mean range of tides in the Delaware River opposite the mouth of the Christina River is

5.6 feet.

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 and New Castle Ranges: 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 after-dredging surveys for contracts are available for inspection.

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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 is required to conduct the work in such a 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. Do 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, 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, contact Waterways Management Section, Assistant Section Chief/NJ, DE, PA: LTJG Hannah Cronin 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, 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 to the USCG for Movement of Navigation Aids (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 000+000 and 102+000. 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. All discharge pipelines crossing the navigation channel shall be submerged. 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…