20B0006 Amendment 0001.pdf

OM-20-277

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 subject Solicitation Mississippi River, Baton Rouge to Gulf of Mexico, Southw est Pass Hopper Dredge Rental Contract No. 3-2020, Plaquemines Parish, Louisiana (OM-20-003). has been modified to:

1. Set the bid opening date to Tuesday, April 21, 2020 at 11:00am local time.

2. Make changes to the solicitation as detailed in the f ollow ing pages. All other terms and conditions remain unchanged.

"Due to the impacts of COVID-19, the USACE New Orleans District has placed most personnel on telew ork. As such, w e are implementing a process w hich w ill allow for the submission of bids electronically, as w ell as having virtual bid openings through Webex.

Once the process has been fully established w e w ill issue an Amendment w ith the specific details on how contractors w ill be able to submit bids and the Webex meeting details.

For any questions, please contact the Contracting Officer, (Ione Cataldo, 504-862-2882), or the Contract Specialist, (Cori Caimi, 504-862-1352)."

1. CONTRACT ID CODE PAGE OF PAGES

1 16

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

16C. DATE SIGNED

BY 20-Mar-2020

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 W912P820B0006

X 9B. DATED (SEE ITEM 11)

13-Nov-2019

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

20-Mar-2020

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P820B0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00600 - REPS AND CERTS

The following have been deleted:

52.204-8

SECTION SF 30 - SF 30 CONTINUATION

The following have been added by full text:

AM0001

1. General comment: Delete any reference within the specifications to Edward Creef and replace with the following point of contact: Jeff Corbino, phone: (504) 862-1958, email: Jeffrey.M.Corbino@usace.army.mil.

2. Standard Form 1442, box 11: Delete “within 5 calendar days” and replace with “no earlier than 1 January 2021 and no later than 15 January 2021”.

3. Section 00010, paragraph 1.1 “Bidding Schedules”: Delete this paragraph in its entirety and replace with the attached paragraph 1.1 entitled “Bidding Schedules”.

4. Section 00010, paragraph 1.5 “Conditions of Contract Award”, subparagraph c: In the last sentence, delete “120 hours after receipt of Notice to Proceed by the Contractor” and replace with “15 January 2021”.

5. Section 00010, paragraph 1.5 “Conditions of Contract Award”, subparagraph c, table entitled “Approximate

Hopper Dredge Contract Duration (Base Plus Option)”: Delete this table in its entirety and replace with the attached table entitled “Approximate Hopper Dredge Contract Duration (Base Plus Option)”.

6. Section 00010, paragraph 1.5 “Conditions of Contract Award”, subparagraph d: Delete “within 120 hours after receipt of Notice to Proceed by the Contractor” and replace with “no earlier than 1 January 2021 and no later than 15 January 2021”.

7. Section 00700, FAR Clause 52.211-10 "Commencement, Prosecution, and Completion of Work (Apr 1984)":

Delete "within 5 (five) calendar days after the date the Contractor receives the notice to proceed" and replace with "no earlier than 1 January 2021 and no later than 15 January 2021". Also, delete "after the date of receipt by Contractor of notice to proceed" and replace with "after 15 January 2021".

8. Section 00800, paragraph 3.1 “Delivery of Plant”, subparagraph a: In the first sentence, delete “within 120 hours after receipt by the Contractor of the Notice to Proceed” and replace with “no earlier than 1 January 2021 and no later than 15 January 2021”.

9. Section 00800, paragraph 3.4 “Equipment Ownership and Operating Expense Schedule”: Delete this paragraph in its entirety and replace with attached paragraph 3.4 entitled “Construction and Architect-Engineer (A-E) Contracts (UAI 5131.105)”.

10. Section 01 30 00, paragraph 1.14 “Suspicious Activity Reporting Training”: Delete this paragraph in its entirety.

11. Section 01 30 00, Part 1 “General”: Insert the attached paragraph 1.14 “Fuel Price Adjustment” after existing paragraph 1.13 “Fuel Consumption Reporting Requirements”.

12. Section 35 20 23.23, Part 2 “Products”: In the first sentence, delete “due to the fact that the services of the equipment are leased by the Government,”.

13. Section 35 20 23.23, paragraph 2.1.4 “Dredge Plant”, subparagraph b, table entitled “Theoretical Hopper

Dredge Production Rates (cy/day)”: Delete this table in its entirety and replace with the attached table entitled “Theoretical Hopper Dredge Production Rates (cy/day)”.

14. Section 35 20 23.23, paragraph 2.2 “Gages”, subparagraph g: Delete the third sentence in the first paragraph.

15. Section 35 20 23.23, paragraph 3.3.1 “Mississippi River and Southwest Pass, Louisiana”: Delete the first two sentences of the paragraph and replace with: “The authorized dimensions of the channel are 50 feet Mean Lower Low Water (MLLW) datum by 750 feet bottom width from New Orleans to Mile 17.5 Below Head of Passes, then narrowing to 600 feet wide through the jetty channel and bar channel.”

16. Section 35 20 23.23, paragraph 3.8 “Work For Others”: Insert the following as subparagraph c, and rename existing subparagraph c as subparagraph d: “c. If the dredge returns to an assignment in another dredging region and the dredge in tow never enters the route that would have been taken had the dredge not been released, when dredged material starts flowing through the discharge pipeline; or”.

Section 00010, Paragraph 1.1 “Bidding Schedules”:

1.1 BIDDING SCHEDULES

SECTION 00010 – BIDDING SCHEDULE

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 3-2020

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P820B0006

LOT ONE (Ellis Island), 34 inch Inside Diameter (ID) Pump Suction, 14,788 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

Dredging - Rental of a trailing type hopper dredge.

2755 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

689 Hour XXXXXXXX

Total: LOT ONE BID

*SEE BID FORM NOTES

LOT TWO (Glenn Edwards), 38 inch Inside Diameter (ID) Pump Suction, 12,430 cubic yard Nominal Hopper Capacity, Two Dragarms and all

Item Description

Estimated Quantity Unit

Unit Price

Total Price

Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

Dredging - Rental of a trailing type hopper dredge.

2875 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

719 Hour XXXXXXXX

Total: LOT TWO BID

LOT THREE (Stuyvesant), 33.5 inch Inside Diameter (ID) Pump Suction, 9,400 cubic yard Nominal Hopper Capacity, Two Dragarms and all

Estimated Quantity Unit

Unit Price

Total Price

Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

Dredging - Rental of a trailing type hopper dredge.

3792 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

948 Hour XXXXXXXX

Total: LOT THREE BID

LOT FOUR (Terrapin Island), 33.5 inch Inside Diameter (ID) Pump Suction, 6,300 cubic yard Nominal Hopper Capacity, Two Dragarms and all

Estimated Quantity Unit

Unit Price

Total Price

Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

Dredging - Rental of a trailing type hopper dredge.

4633 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1158 Hour XXXXXXXX

Total: LOT FOUR BID

LOT FIVE (Magdalen), 39.37 inch Inside Diameter (ID) Pump Suction, 8,300 cubic yard Nominal Hopper Capacity, One Dragarm and all attendant plant

Estimated Quantity Unit

Unit Price

Total Price

Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

Dredging - Rental of a trailing type hopper dredge.

4973 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1243 Hour XXXXXXXX

Total: LOT FIVE BID

Section 00010, paragraph 1.5.c, table entitled “Approximate Hopper Dredge Contract Duration (Base Plus Option)”:

APPROXIMATE HOPPER DREDGE

CONTRACT DURATION

(BASE PLUS OPTION)

Bid Lot Pump Inside Dia.

(inches) Hopper Size (Cubic Yards)

Number of Dragarms

Approximate Number of Rental

Days

1 34 14788 2 198

2 38 12430 2 205

3 33.5 9400 2 257

4 33.5 6300 2 305

5 39.37 8300 1 325

Section 00800, paragraph 3.4 “Equipment Ownership and Operating Expense Schedule”:

3.4 CONSTRUCTION AND ARCHITECT-ENGINEER (A-E) CONTRACTS (UAI 5131.105)

(d)(2)(i)(B) For the predetermined schedule of construction equipment use rates, use Engineer Pamphlet (EP) 1110- 1-8, Construction Equipment Ownership and Operating Expense Schedule.

(End of special contract requirement)

Note 1: Reference "Construction and Architect-Engineer Contracts" (FAR 31.105). Costs for repairs or overhauling are not allowed.

Note 2: A copy of the "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE" (Region III) can be obtained from the following website:

https://www.publications.usace.army.mil/Portals/76/Users/182/86/2486/EP%201110-1- 8%20Vo3%20.pdf?ver=2019-12-02-104221-527

Section 01 30 00, Part 1 “General”, paragraph 1.14 “Fuel Price Adjustment”:

1.14 FUEL PRICE ADJUSTMENT

a. The fuel price adjustment shall be made monthly for the item identified below, upward or downward, to reflect the percentage change in the fuel price index of the Bureau of Labor Statistics (BLS) Producer Price Indexes for #2 diesel fuel, WPU 057303 (Not Seasonally Adjusted). For the purpose of this clause, the term "fuel cost per contract unit" means that part of the contract unit price of the dredging operation that is attributable solely to the cost of fuel.

The fuel cost per contract unit is established below:

Dredging Item........................18% of contract unit price

b. The Preliminary BLS Producer Price Index for No. 2 diesel fuel, WPU05703, available on the BLS website for the April 2020 price shall be recorded in contract documents and shall serve as the basis of any price adjustments throughout the contract, to include any option periods, if exercised. The monthly fuel price adjustment shall be calculated by multiplying the fuel cost per contract unit as determined above, by the percentage change in the Preliminary BLS Indices, by the quantity of work performed under the item.

Fuel Price Adjustment for Dredging Item = [(Dollar Amount of Dredging Item)*(0.18)*(Latest Preliminary BLS Index - Preliminary BLS Index for April 2020)] / [Preliminary BLS Index for April 2020]

A price adjustment, upward or downward, shall be made on each monthly payment. Option periods, if exercised, shall be calculated in the same manner, always comparing to the Preliminary BLS Index for April 2020. If any preliminary index is later revised by the BLS, this contract will not be adjusted based upon the revision.

Section 35 20 23.23, paragraph 2.1.4 “Dredge Plant”, subparagraph b, table entitled “Theoretical Hopper Dredge Production Rates (cy/day)”:

THEORETICAL HOPPER DREDGE PRODUCTION RATES (cy/day)

Lot Pump

Inside Diameter (inches)

Hopper Size

(cubic yards)

Number of Drag Arms

Dredge & Haul

Production All

Projects

Agitation Production

SW Pass (cy/day)

Calcasieu (cy/day)

1 34.0 14,788 2 89,638 219,124 246,514

2 38.0 12,430 2 85,383 217,037 244,166

3 33.5 9,400 2 64,729 164,890 185,502

4 33.5 6,300 2 51,286 167,856 188,838

5 39.37 8,300 1 49,677 121,028 136,157

"General Decision Number: LA20200007 01/03/2020

Superseded General Decision Number: LA20190007

State: Louisiana

Construction Type: Heavy Dredging

Counties: Louisiana Statewide.

DREDGING PROJECTS ALONG THE GULF COAST AREA INCLUDING THE

MISSISSIPPI RIVER AND ITS TRIBUTARIES TO THE OHIO RIVER

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

* SULA1994-001 04/01/1994

Rates Fringes

Derrick Operator.................$ 7.25

Dozer Operator...................$ 7.25

Dredge 16"" and Over Deckhand....................$ 7.25 Dredge tender operator......$ 7.25 Fireman.....................$ 7.25 First assistant engineer....$ 7.25 Leverman....................$ 7.25 Oiler.......................$ 7.25 Second assistant engineer...$ 7.25 Shoreman....................$ 7.25 Third assistant engineer....$ 7.25 Truck driver................$ 7.25 Welder......................$ 7.25

Dredge Under 16"" Deckhand....................$ 7.25 Dredge tender operator......$ 7.25 Leverman....................$ 7.25 Oiler.......................$ 7.25 Welder......................$ 7.25

Hydraulic Dredging First cook..................$ 7.25 Handyman....................$ 7.25 Janitor, cabin person.......$ 7.25 Second cook.................$ 7.25

Marsh Buggy Dragline, Oiler......$ 7.25

Marsh Buggy Dragline, Operator...$ 7.25

Self-Propelled Hopper Dredge, Drag Tender......................$ 9.70 3.45+a

FOOTNOTE: Fourteen paid vacation days and eight paid holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day & Christmas Day provided the employee has one year of service.

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 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.

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:

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)