W912DS22B0012 Amend 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Incorporate Heavy Dredging w age determination- General Decision Number: NY20220001 02/25/2022 2.Revise Bid schedule

3. Change POC from Chris Nastas to Operations office

NOTE: Bidders must acknow ledge receipt of this amendment by date specif ied in the bid (or as amended) by one of the follow ing methods:

In the space provided on the SF 1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE MODIFICATION OF BID, OR LATE

WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

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

16C. DATE SIGNED

BY 31-May-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DS22B0012

X 9B. DATED (SEE ITEM 11)

12-May-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

31-May-2022

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS22B0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

REVISED BID SCHEDULE P00001

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

FOB: Destination

PSC CD: Y1KF

NET AMT

0002 97,805 Cubic

Yard

Basic Work – Dredging Area 1

FFP

Dredging (to -15 feet MLLW + 2 feet allowable overdepth), Dewatering, Offloading, Processing, Transportation and Placement (Sheets 3 through 6 of 7 of the contract drawings). Removal of material (97,805 CY) except ledge rock lying above the plane of 15 feet below mean lower low water (MLLW), plus 2 feet allowable overdepth from Flushing Bay and Creek, NY, Federal Navigation Project (Main Channel and Creek Channel) with placement of the dredged material at a contractor furnished, state permitted, Government approved upland placement site(s).

0003 1 Job Black Box Monitoring Unit

FFP

See specifications section 35 20 29

0004 38,020 Cubic

Yard

OPTION Option 1 – Dredging Area 2

FFP

Dredging (to -15 feet MLLW + 2 feet allowable overdepth), Dewatering, Offloading, Processing, Transportation and Placement (Sheets 3 through 5 of 7 of the contract drawings). Removal of material (38,020 CY) except ledge rock lying above the plane of 15 feet below mean lower low water (MLLW), plus 2 feet allowable overdepth from Flushing Bay and Creek, NY, Federal Navigation Project (Main Channel) with placement of the dredged material at a contractor furnished, state permitted, Government approved upland placement site(s).

TOTAL BASE BID (CLIN 0001 THRU 0003)…………..……………….$ _______________________

TOTAL OPTION BID (CLIN 0004)...………………...……………….. $ _______________________

TOTAL BID (CLIN 0001 THRU 0004)...………………...………………$ _______________________

NOTES TO BIDDERS:

NOTE 1: Bidders must bid on all items. Failure to bid on all work will be cause for rejection of the bid as nonresponsive.

NOTE 2: Award of contract will be based on the responsible and responsive bidder with the lowest total price for the total of the CLINs 0001 through 0004.

NOTE 3: The unit prices for CLINs 0002 and 0004 represent the cost per cubic yard for the removal of the estimated quantities of dredged material (all material except ledge rock lying above the plane of -15 feet mean lower low water (MLLW), plus 2 feet allowable overdepth), in the contract Dredging Area 1 and Option 1 contract areas of Flushing Bay and Creek, NY, Federal Navigation Channel. The dredged material must subsequently be transported, processed and placed at a contractor furnished, state permitted, Government approved upland placement site(s).

NOTE 4: All bidders are hereby advised that the execution of option work is subject to the availability of funds.

NOTE 5: Exercise of options are at the discretion of the Government and may be exercised within thirty-five (35) calendar days of receipt by the contract of the Notice to Proceed (Basic Work). If the option is exercised, its performance period will be consecutive to that of the Basic Work. If exercised, the time for contract completion of each option will be based on the rate of one (1) additional calendar day for each 2,250 cubic yards in the option.

NOTE 6: All bidders are hereby advised that the estimated dredge quantities for placement in the price schedule are estimated and based on the survey data collected on 9, 10, 15, 16 November 2021.

NOTE 7: The Government may reject a bid as non–responsive if the prices bid are materially unbalanced between line items and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low bid.

NOTE 8: Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidder himself may render the proposal non-responsive and may be cause for its rejection.

NOTE 9: The apparent low bidder shall submit the documents specified in Section 01 30 00, Administrative Requirements, paragraph 1.4, Contractor-Identified Offloading, Processing and Disposal Site Compliance. If the apparent low bidder does not submit the required information within 35 calendar days from the date the apparent low bidder is notified of being the low bidder, the bidder may be considered non-responsible and his bid will no longer be considered. Information provided by the apparent low bidder regarding the 35 day submittal will be the final version. If the apparent low bidder requests to make changes to the 35 day submittal, they can only be made with approval from the Government.

NOTE 10: It is the contractor’s responsibility to comply with all conditions and requirements of the contractor furnished placement site(s).

SECTION 00 10 00 - SOLICITATION

CLIN 0004

The CLIN extended description has changed from:

Dredging (to -15 feet MLLW + 2 feet allowable overdepth), Dewatering, Offloading, Processing, Transportation and Placement (Sheets 1 through 3 of 7 of the contract drawings) Removal of material (38,020 CY) except ledge rock lying above the plane of 15 feet below mean lower low water (MLLW), plus 2 feet allowable overdepth from Flushing Bay and Creek, NY, Federal Navigation Project (Main Channel) with placement of the dredged material at a contractor furnished, state permitted, Government approved upland placement site(s).

To:

Dredging (to -15 feet MLLW + 2 feet allowable overdepth), Dewatering, Offloading, Processing, Transportation and Placement (Sheets 3 through 5 of 7 of the contract drawings). Removal of material (38,020 CY) except ledge rock lying above the plane of 15 feet below mean lower low water (MLLW), plus 2 feet allowable overdepth from Flushing Bay and Creek, NY, Federal Navigation Project (Main Channel) with placement of the dredged material at a contractor furnished, state permitted, Government approved upland placement site(s).

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

73 dys. ANP 1 METRO WEST RESIDENT OFFICE

CHRISTOPHER NASTASI

3 CHAPEL AVENUE

JERSEY CITY NJ 07305

(201) 309-2311

W912DS

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

73 dys. ANP 1 OPERATIONS DIVISION

KENNETH PETERSON

26 FEDERAL PLAZA ROOM 16-406

NEW YORK NY 10278

917-790-8541

The following Delivery Schedule item for CLIN 0002 has been changed from:

CAGE

73 dys. ANP 97,805 METRO WEST RESIDENT OFFICE

CHRISTOPHER NASTASI

3 CHAPEL AVENUE

JERSEY CITY NJ 07305

(201) 309-2311

CAGE

73 dys. ANP 97,805 OPERATIONS DIVISION

KENNETH PETERSON

26 FEDERAL PLAZA ROOM 16-406

NEW YORK NY 10278

917-790-8541

The following Delivery Schedule item for CLIN 0003 has been changed from:

CAGE

73 dys. ANP 1 METRO WEST RESIDENT OFFICE

CHRISTOPHER NASTASI

3 CHAPEL AVENUE

JERSEY CITY NJ 07305

(201) 309-2311

CAGE

73 dys. ANP 1 OPERATIONS DIVISION

KENNETH PETERSON

26 FEDERAL PLAZA ROOM 16-406

NEW YORK NY 10278

917-790-8541

The following Delivery Schedule item for CLIN 0004 has been changed from:

CAGE

73 dys. ANP 38,020 METRO WEST RESIDENT OFFICE

CHRISTOPHER NASTASI

3 CHAPEL AVENUE

JERSEY CITY NJ 07305

(201) 309-2311

CAGE

73 dys. ANP 38,020 OPERATIONS DIVISION

KENNETH PETERSON

26 FEDERAL PLAZA ROOM 16-406

NEW YORK NY 10278

917-790-8541

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by full text:

WAGE RATES HEAVY CONSTRUCTION

NY20220001 02/25/2022

The following goal ranges are applicable to the indicate trades in the counties of Bronx, Kings, New York, Queens, and Richmond.

For Minorities: % Electricians 9.0 to 10.2 Carpenters 27.6 to 32.0 Steam fitters 12.2 to13.5 Metal lathers 24.6 to 25.6 Painters 28.6 to 26.0 Operating Engineers 25.6 to 26.0 Plumbers 12.0 to 14.5 Iron workers (struct) 25.9 to 32.0 Elevator Constructors 5.5 to 6.5 Bricklayers 13.4 to 15.5 Asbestos workers 22.8 to 28.0 Roofers 6.3 to 7.5 Iron workers (ornamental) 22.4 to 23.0 Cement masons 23.0 to 27.0 Glaziers 16.0 to 20.0 Plasterers 15.8 to 18.0 Teamsters 22.0 to 22.5 Boilermakers 13.0 to15.5 All others 16.4.to 17.5 For Women: 6.9%

2. Please verify with the undersigned, a minimum of 10 days prior to bid opening/proposal receipt, that the rates provided on this date are still in effect. Any changes will have to be incorporated into the solicitation by amendment. It is recommended that the "wage rate in effect" be confirmed at the time of any amendment.

3. Note that in negotiated procurements, the wage rates in effect on the date of contract award (not at proposal due date or FPR date) are the ones to be incorporated in the contract Also note that the then current wage decision is to be incorporated into the instant contract at exercise of any option period regardless of the method of solicitation (IFB, RFQ or RFP).

4. Please ensure that this decision is incorporated into the applicable solicitation and its resultant contract as set forth in FAR 22.404-6.

5. The solicitation and resultant contract must state that this project is classified as Queens County Wage Rates are applicable.

"General Decision Number: NY20220001 02/25/2022

Superseded General Decision Number: NY20210001

State: New York

Construction Type: Heavy Dredging

Counties: New York Statewide.

STATEWIDE

New York

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

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 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 2022. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed|

| | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts.

Modification Number Publication Date 0 01/07/2022 1 02/25/2022

ENGI0025-001 10/01/2021

STATEWIDE

Rates Fringes

Dredging:

CLASS A1....................$ 42.66 13.96+a+b CLASS A2....................$ 38.02 13.68+a+b CLASS B1....................$ 36.89 13.61+a+b CLASS B2....................$ 34.73 13.48+a+b CLASS C1....................$ 33.78 13.13+a+b CLASS C2....................$ 32.69 13.06+a+b

CLASS D.....................$ 27.16 12.53+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.

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 https://www.dol.gov/agencies/whd/government-contracts.

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.

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, in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

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

Union Average Rate Identifiers

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

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

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

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

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

Washington, DC 20210

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

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

Washington, DC 20210

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

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

Administrative Review Board

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

Washington, DC 20210

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

END OF GENERAL DECISION"

(End of Summary of Changes)