W912ES24B00020001.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 reason for this amendment is to remove the clauses and w ording for Project Labor Agreement (PLA).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 22-Feb-2024

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 W912ES24B0002

X 9B. DATED (SEE ITEM 11)

14-Feb-2024

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

22-Feb-2024

CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES24B0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been deleted:

52.222-33 Alt I Notice of Requirement for Project Labor Agreement (May

2010) Alternate I

MAY 2010

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been deleted:

52.222-34 Alt I Project Labor Agreement (May 2010) Alternate I MAY 2010

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

SUPPLEMENTARY CONDITIONS

GENERAL

DELIVERIES OR PERFORMANCE: The Contractor shall deliver all plant, ready for operation, at Lock and Dam No. 6, Upper Mississippi River Mile 714.00, Trempealeau, Wisconsin, or at any site mutually agreeable to the Contractor and the Contracting Officer within 10 calendar days or other mutually agreed date after receipt by the Contractor of the Contract Notice To Proceed. For any exercised options, the Contractor shall deliver all plant as specified above, within 10 calendar days or other mutually agreed date after receipt of Notice to Proceed for that option period.

TERM OF THE CONTRACT PERIOD/PERIOD OF PERFORMANCE: The contract base period and option periods are specified in 52.216-22, Indefinite Quantity. The base period of performance shall begin upon receipt of the Notice To Proceed. In the event the Government should exercise Option periods, the contract period will be extended as specified in 52.217-9, Exercise of Option To Extend Services

DEFINITIONS

“Administrative Contracting Officer (ACO)” means a USACE individual warranted by a PARC and delegated authority, in writing, by a PCO with limited authorities to administer construction contracts, task orders, and/or modifications.

"Chief of the Contracting Office" means the District Contracting Chief (DCC) or a Center Contracting Chief (CCC).

This individual serves as the DOC at the District or Center (not to be confused with HQ DOC).

“Contracting Officer (KO)” within the UAI is the same as Procuring Contracting Officer (PCO).

“Directorate of Contracting (DOC)” is the USACE HQ Directorate of Contracting, led by the Director of Contracting, who is responsible for the oversight and management of all contract activities initiated and administered in support of the USACE mission.

“Head of the Contracting Activity (HCA)” is the Chief of Engineers, the USACE Commanding General.

“Interim Policy Directive (IPD)” means an interim change to this instruction, published by the DOC as an IPD, and effective until formal incorporation into the UAI (at least semi-annually), rescission, cancellation or expiration.

“Policy Memorandum” means an HQ DOC memorandum written to be an enduring document related to policy concerns that are necessary to specifically address as a result of an audit. These memorandums are enduring until specifically rescinded or cancelled.

“Procurement Instruction Letter (PIL)” means acquisition companion operating procedure resource issued by the USACE HQ DOC that will direct compliance with mandatory or non-mandatory internal USACE acquisition processes. Non-mandatory procedures are used at the discretion of the PCO.

“Principal Assistant Responsible for Contracting (PARC)” means the USACE Command PARC, the Deputy Director of Contracting (DDOC), and USACE RPARCs, RPARC-Atlanta, RPARC-Dallas, and RPARC- Winchester.

PARTNERING

The Government proposes to form a partnering relationship with the contractor. This partnering relationship will strive to facilitate communication and draw on the strengths of each organization in an effort to achieve a quality project, within budget, and on schedule. Participation will be totally voluntary. Partnering will not alter or supersede any provision of this contract nor will it provide either party with any additional contractual rights or obligations. Participation in partnering will not affect award of this contract. Any cost associated with this partnering will be agreed to by both parties and will be shared equally, with no change in contract price.

INVOICE PROCEDURES

In accordance with CONTRACT CLAUSE titled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the contractor shall submit invoices as follows:

A. In order to qualify for a periodic payment, the Contractor must submit a proper invoice (request for payment) to the Contracting Officer's Representative (COR) and a determination must be made that supplies or services conform to the contract requirements. This determination will be made for the sole purpose of processing progress payments and will not constitute formal acceptance. The due date for making progress payments shall be as stated in the contract clause: PROMPT PAYMENT FOR

CONSTRUCTION CONTRACTS.

B. The submitted request for payment must be accompanied with documentation adequate to substantiate the amount requested. Substantiation shall be consistent will the clauses in the solicitation titled Quantity Surveys, Purchase Orders, Invoices, etc. satisfactory to the COR.

C. The Contractor must also include with the payment request a certification as described in the Clause

"PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS".

D. Payment requests will be reviewed for propriety by the COR. Defective invoices will be returned to the Contractor for resolution with defects identified. Along with the returned invoice, the COR may include, at its option, an ENG FORM 93-PAYMENT ESTIMATE reflecting the substantiated and uncontested payment amount. The Contractor will then be given the option of signing and returning the FORM 93 for payment along with the original invoice and certification or resubmitting a revised invoice and certification.

To expedite payment, the Contractor may request in writing that the COR retain the defective invoice and immediately process the payment request at the amount determined to be acceptable to the Government.

SAFETY

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1- 1 and its changes are available at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

FLOATING PLANT EQUIPMENT

When mechanized equipment is operated on floating plant, the contractor shall provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on and off-road), backhoes, track hoes, and similar equipment. If the Contractor plans to use such equipment on floating plant, an activity hazard analysis must be developed for this feature of work. The plan must include a detailed explanation of the type or types of physical barriers, curbs, structures, etc., which will be incorporated to protect the operator and prevent the equipment from entering the water. Nonstructural warning devices may be considered for situations where the use of structural barriers is determined to be impracticable. The activity hazard analysis must thoroughly address the procedure and be submitted to the Corps of engineers for review and acceptance prior to start of this feature of work.

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 August 8, 1917. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible. The Contractor shall consult with the appropriate Coast Guard office to determine whether a Notice to Mariners will need to be issued for construction-related activities that might interfere with navigation or be interfered with by such navigation. (Point of Contact: Sector Upper Mississippi River, St. Louis, Missouri, 24 hour #314-269-2332). If 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. Upon the completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under the contract whether in navigable waters or on shore.

SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulation of the Department of the Army and 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 or floating plant working in navigable channels, as set forth in Commandant U.S.

Coast Guard instruction M16672.2B, navigation rules: International-Inland (COMDTINST) M16672.2B, or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR (Inland) as applicable.

RADIO

The Contractor shall maintain a staff that is knowledgeable about radio communications to advise oncoming navigation of appropriate passing directions while the Contractor's floating plant is in the navigation channel. In particular, the Contractor shall monitor Marine Band Channel 13 for commercial navigation and Channel 16 for emergency communication.

APPARENT CLERICAL MISTAKES

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

1. Obviously misplaced decimal points will be corrected;

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

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

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

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

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

This clause does not apply to terminations. See the “Basis for Settlement of Proposals” and FAR Part 49.

Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and 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 or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region IV. 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 retroactive pricing, the schedule in effect at the time the work was performed shall apply.

Equipment rental costs are allowable, subject to the provisions of FAR 31.105(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.

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. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

CONTRACT MINIMUMS AND MAXIMUMS

Contract Maximum

Task orders will not exceed a cumulative amount of $9,000,000 for any period of performance (base period or exercised option periods), as set forth in clause 52.216-22(b) INDEFINITE QUANTITY.

Contract Minimum

(a) The Government is obligated to order no less than $2,000 of work specified in the Bid Schedule, including mobilization and demobilization, for services for the base performance period and no less than $2,000 of work specified in Schedule the Bid for any exercised option, as set forth in clause 52.216-22(b)

INDEFINITE QUANTITY.

(b) Second Plant: On or before June 30 of the base period or any exercised option year, the Government will notify the Contractor whether the Government will continue to require the availability of the second plant beyond June 30 of that year. If the Government does not notify the contractor on or before June 30 that it will continue to require the availability of the second plant, the contractor will not be required to make said plant available for the remainder of the applicable contract period. If the Government notifies the Contractor on or before June 30 of the base period or any exercised option year that it will continue to require the availability of the second plant, the Government will order a minimum of $2,000 of work specified in the Bid Schedule for the Second Plant during the ordering period as specified in the clause at 252.216-7006, Ordering (Section 00 70 00).

ADJUSTMENT TO FUEL PRICE

This clause prescribes the adjustments that will be made to the unit price(s) for certain contract line items in the event of changes (either upward or downward) in diesel fuel prices. The Contracting Officer will calculate the Adjustment to Fuel Price (AFP) for the affected contract line item unit prices on an individual task order basis.

These adjustments are premised on the assumptions set forth in this clause and will be applied uniformly regardless of the Contractor’s actual cost experience in performing the work under this contract.

For purposes of this adjustment, the Contracting Officer will use a Base Fuel Index (BFI). The BFI will be the published price (in dollars/gallon) in effect for Diesel Fuel (all types) for the Midwest (PADD 2) Region as established by the Energy Information Administration (EIA) on March 1st 2024. This information is published at http://www.eia.doe.gov. The index is currently updated on a weekly basis.

A Current Fuel Index (CFI) in dollars per gallon will be established at issuance of each task order. The CFI will be the published price in effect for Diesel Fuel (all types) for the Midwest (PADD 2) Region as established by the Energy Information Administration (EIA) in effect on the first calendar day of the month during which the task order is issued by the Contracting Officer. The AFP (addition or subtraction) to the unit price for a given line item will be computed by application of the following formula:

AFP = ((BUP*% Fuel Cost / (BFI – 0.513))*(CFI-BFI))

Where:

AFP = Adjustment to Fuel Price BUP = Bid Unit Price, the unit prices for each applicable contract line item CFI = Current Fuel Index (in dollars per gallon) BFI = Base Fuel Index (in dollars per gallon) = $2.768 on January 8th, 2024 % Fuel Cost = presumed percentage of bid item cost attributable to fuel for a given

Contract Line Item subject to adjustment under this clause as indicated in the table below (this percentage IS NOT subject to adjustment as a result of the contractor’s actual cost experience)

0.513 = the presumed fuel tax rate (in dollars per gallon)

Basis of Adjustment

The AFP will be calculated and applied to (added or subtracted from the price of) each unit of each Contract Line Item Number (CLIN) identified in the table below, that will be used in a given task order. The adjustments to the unit prices for a given task order will be used for the life of that task order, including any modifications or adjustments to it. The adjustments will be rounded to the nearest cent; prices of elements within the formula will be rounded to the nearest tenth of a cent (three decimal places). CLINS not listed in the table below are not subject to adjustment for changes in fuel price under this or any other clause of the contract.

Table of Contract Line Items Subject to AFP

The items below will be subject to the AFP described above. These items appear in the base contract and both option years. Refer to the pricing schedule for the exact CLINs. CLINS not listed below are not subject to adjustment for changes in fuel price under this or any other clause of the contract.

Contract Line Item Unit % Fuel Cost Dredging CY 20% Transportation of Plant Between Dredging Sites MI 15% Transportation of Dredged Material, 4 – 8 River Miles CY 20% Transportation of Dredged Material, Over 8 River Miles CY 20% Overland Transportation of Dredged Material Up To and Including 0.5 Miles at Placement Sites with Special Consideration

CY 15%

Overland Transportation of Dredged Material Over 0.5 Miles and Up To And Including 1.5 Miles at Placement Sites with Special Consideration

CY 15%

Highway Transportation of Material Up To 10 Miles To Placement Sites CY 15% Dredging/Excavation at Temporary Storage Sites CY 20% Small Boat Harbor Dredging CY 20%

In the event the Energy Information Administration (EIA) ceases publication of the weekly diesel fuel price index, the Contracting Officer will, in his discretion, designate another fuel price index to be used in making the adjustment.

Example:

The following example is used to demonstrate the application of the AFP clause. This example is purely hypothetical and solely for demonstrating the operation of the clause as none of the indices applicable to this contract has yet been published.

For purposes of this example assume that:

The CLIN being adjusted is Dredging The BUP is $5.00 The BFI is $3.705 The CFI is $3.431

The AFP would be calculated as follows:

AFP = ((5.00 * .20/(3.705 - .513))*(3.431 –

3.705)) (1 / 3.192) * -.274 = -.086 = - .09

The AFP for this CLIN would be -.09 resulting in a price of $4.91 for that CLIN on that Task Order.

FUEL CONSUMPTION REPORTING

Within 30 days following the completion each task order, the Contractor shall furnish to the Contracting Officer a report of the quantity of fuel consumed during the task order period for execution of the work. Fuel Consumption Reports shall include the quantity of fuel consumed by the Contractor and all Subcontractors for the main plant and all support plants.

APPLICABLE WAGE DECISION

The terms "dredging" and "dredging equipment" are defined for the purpose of providing the Contractor with guidance as to which Davis-Bacon Act wage determination applies to various portions of the project work. The Davis-Bacon Wage Decision entitled IL20240019 Dredging shall apply to all "dredging" as that term is defined below. All other Davis-Bacon Wage Decisions listed shall apply to all contract work that is not "dredging" as that term is defined below. Wage Decisions are IL20240019 is included in full text. The wage decisions in the table below as incorporated into this solicitation by reference. The Contracting Officer will provide full text copies upon request, or they may be obtained at https://sam.gov/content/wage-determinations.

Definitions

1. "Dredging" is defined as the excavation of material from the confines of a water body and its transportation to a designated placement site by the use of dredging equipment.

3. Mechanical "dredging equipment" consists of a clamshell, dragline, backhoe, bucket ladder or other suitable floating plant and the barges and tenders used to transport the dredged spoil to shore.

4. Dredging equipment does not include land based equipment used for attending disposal areas or off-loading barges at the placement site.

The contractor shall segregate the work performed under each wage determination on its payrolls. In the event that it is impracticable to segregate an employee's work, or in the event of a conflict as to the place of performance of that work, the wage classification (and rate) resulting in the highest rate of pay/fringe benefits to that employee will apply.

STATE GENERAL

DECISION #

DATED CONSTRUCTION TYPE

Iowa IA20240003 01/05/2024 Heavy Sewer/Water Treating Plant Illinois IL20240012 01/05/2024 Heavy and Highway Illinois IL20240014 01/05/2024 Heavy and Highway

Illinois IL20240015 01/12/2024 Heavy and Highway Minnesota MN20240029 01/05/2024 Heavy Minnesota MN20240031 01/05/2024 Heavy Minnesota MN20240035 01/05/2024 Heavy Minnesota MN20240036 01/05/2024 Heavy Minnesota MN20240037 01/05/2024 Heavy Minnesota MN20240039 01/19/2024 Heavy Minnesota MN20240054 01/19/2024 Heavy Minnesota MN20240054 01/19/2024 Heavy Missouri MO20240001 01/19/2024 Heavy and Highway Wisconsin WI20240015 01/26/2024 Heavy

*See Small Business Set-aside Requirements for Dredging. Please note that a separate definition of "dredging" is used for determining compliance with Small Business Size Standard 237990, Other Heavy and Civil Engineering Construction (Dredging and Surface Cleanup Activities). That definition is not relevant to determining compliance with the contract's Davis-Bacon requirements.

PROJECT LABOR AGREEMENTS

Pursuant to FAR 22.503, a project labor agreement (PLA) shall be required for task orders at or above $35 million unless an exception applies.

(End of Summary of Changes)