Amendment 0005_21B0053 (SAM) 10-21-22.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

Subject Solicitation: W912P821B0053 East Baton Rouge Flood Risk Reduction Project, Ward Creek Clearing and Snagging, East Baton Rouge Parish, LA (ED 18-090) is hereby amended as follows:

1.) Provides revisions to the solicitation as stated on the following continuation pages.

2) Provides the updated Davis-Bacon Act, Wage Determination, General Decision Number: LA20220002, Modification Number 7, dated 30 September 2022. These wage determination rates are incorporated to replace the previous rates included in the solicitation.

The bid submission deadline of 28 October 2022, 10:00AM, local time, as well as the virtual bid opening date and time of 28 October 2022, 11:00AM, local time, remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 21-Oct-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 W912P821B0053

X 9B. DATED (SEE ITEM 11)

01-Jun-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

X

3.EFFECTIVE DATE

21-Oct-2022

SECTION 01100

Page 10, paragraph 6. Delete this paragraph in its entirety and substitute the following therefore:

“6. RIGHTS-OF-WAY

a. The rights of entry required for the work to be constructed under this contract, within the rights-of-way limits indicated on the drawings, have been obtained by the Government and are provided without cost to the Contractor. The Contractor shall make its own investigations to determine the conditions, restrictions, and difficulties that may be encountered in the transportation of equipment and material to and from the work site. The proposed work, including rights-of-way, as defined by these specifications and as shown on the drawings, is in compliance with all applicable Federal and state environmental laws and regulations. Upon completion of the Contractor’s work, rights-of-way furnished by the Government shall be returned to its original condition prior to construction unless otherwise noted.

b. If the Contractor proposes a deviation from the Government furnished rights-of-way for his convenience, the Contractor shall notify the Contracting Officer or its representative in writing. Contractor shall not provide any permanent rights-of-way for the project. The Contractor is cautioned that any deviation to the Government furnished rights-of-way is subject to all applicable Federal and state environmental laws and regulations. Compliance with these environmental laws and regulations may require additional National Environmental Policy Act (NEPA) documents, cultural resources surveys, coordination with the Louisiana State Historical Preservation Officer, water quality certification, modification of the Federal consistency determination, etc. The Government is ultimately responsible for environmental compliance; therefore, the Government will determine the additional environmental coordination and documentation necessary for a proposed deviation to the Government furnished rights-of-way. For any environmental investigations the Government is to perform on areas outside of Government furnished rights-of-way, the Contractor shall provide sufficient rights of entry to the Government. The Contracting Officer will advise the Contractor of the additional environmental coordination and documentation that must be completed. The Government shall be responsible for any additional environmental compliance; however, the Contractor may conduct specific tasks identified by the Government. The Government will offer advice and assistance to the Contractor in conducting these tasks. Depending on the environmental impact of the proposed deviation, obtaining the coordination and documentation may not be approved or could take as much as 180 days for approval by the Government. The Government must review, approve and ensure distribution of all environmental compliance documentation and ensure all comments on the same have been resolved before any utilization of any areas outside of the Government furnished rights-of-way. The Contractor shall reimburse the Government for actual expenses incurred for assistance in completing or attempting to complete additional environmental coordination and documentation, which expenses will not exceed one hundred thousand ($100,000.00) dollars. There is no guarantee that environmental compliance will be obtained; therefore, the Contractor shall assume all risks and liabilities associated with pursuing a deviation. Any delays resulting from the deviation and/or the environmental coordination and documentation shall not be made the basis of any Contractor claim for increase in the contract cost and/or increase in contract time.

Deviations will be at Contractor’s sole risk and liability, including, but not limited to, such liabilities associated with items such as hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.

AMENDMENT 0005

9601 et. seq.), and at no cost to the Government. Government assistance in obtaining additional environmental clearances does not relieve the Contractor of responsibility for complying with other Federal, state or local licenses and permits.

c. Entry upon any property owned by Camile Landry, identified as Temporary Staging Area No. 5 and Access Corridor from Highland Road, shown on SHEET IDENTIFICATION Nos. R-05 and R-06, the Department of the Anny, its agents, employees and contractors, must notify Joelle Keller at jkeller@deepsouthcrane.com and (225) 754-0451 at least three

(3) days in advance. The Department of the Army, its agents, employees, and contractors will fence around aged oak trees located on said temporary staging area and access corridor.

d. Entry upon any property owned by Pecue Properties, LLC, identified as Temporary Staging Area No. 4, shown on SHEET IDENTIFICATION No. R-02, the Department of the Army, its agents, employees, and contractors, must notify Brian Campbell at Bdcjr@campbellcos.com and (225) 937-3286 at least three (3) days in advance.

e. Entry upon any property owned by BR Crete Property, LLC, formerly owned Boykin Brothers, LLC, identified as Access Corridor to Temporary Staging Area No. 4, shown on SHEET IDENTIFICATION No. R-07, the Department of the Army, its agents, employees and contractors, must notify Dustin Gaspard at dgaspard@laconcrete.us and (318) 359-1163 at least seven (7) days in advance.”

mailto:jkeller@deepsouthcrane.com mailto:Bdcjr@campbellcos.com mailto:dgaspard@laconcrete.us

WAGE DETERMINATIONS

Davis-Bacon Act WD # LA20220002

Wage Determination

Modification #

Construction

Heavy

Last Revised Date

Sep 30, 2022

States and Counties

State

Louisiana

Counties

Acadia, Ascension, Bossier, Caddo, Calcasieu, East Baton Rouge, Lafayette, Lafourche, Livingston, Ouachita, Rapides, St Landry, St Martin, Terrebonne, Webster, West Baton Rouge

"General Decision Number: LA20220002 09/30/2022

Superseded General Decision Number: LA20210002

State: Louisiana

Construction Type: Heavy

Counties: Acadia, Ascension, Bossier, Caddo, Calcasieu, East Baton Rouge, Lafayette, Lafourche, Livingston, Ouachita, Rapides, St Landry, St Martin, Terrebonne, Webster and West Baton Rouge Counties in Louisiana.

HEAVY CONSTRUCTION PROJECTS (includes flood control, water & sewer lines, and water wells; excludes elevated storage tanks, industrial construction-chemical processing, power plants, and refineries)

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 01/14/2022 2 02/18/2022 3 02/25/2022 4 03/18/2022 5 09/02/2022 6 09/16/2022 7 09/30/2022

CARP1098-004 07/01/2021

ASCENSION, EAST BATON ROUGE, LIVINGSTON AND WEST BATON ROUGE

PARISHES

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 28.29 10.51

CARP1098-014 07/01/2021

CALCASIEU PARISH

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 28.29 10.51

CARP1098-015 07/01/2021

ACADIA, LAFAYETTE, ST. LANDRY AND ST. MARTIN PARISHES

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 28.29 10.51

CARP1098-016 07/01/2021

BOSSIER, CADDO, OUACHITA, RAPIDES AND WEBSTER PARISHES

CARPENTER

(formbuilding/formsetting).......$ 28.29 10.51

CARP1846-008 07/01/2021

LAFOURCHE and TERREBONNE PARISHES

Rates Fringes

CARPENTER

(formbuilding/formsetting).......$ 28.29 9.97

ELEC0130-009 12/06/2021

LAFOURCHE AND TERREBONNE PARISHES

Rates Fringes

ELECTRICIAN......................$ 32.25 13.75

ELEC0194-007 09/06/2021

BOSSIER, CADDO, and WEBSTER PARISHES

Rates Fringes

ELECTRICIAN......................$ 30.25 13.81

ELEC0446-007 09/01/2022

OUACHITA PARISH

Rates Fringes

ELECTRICIAN......................$ 26.48 2%+13.04

* ELEC0576-006 09/01/2022

RAPIDES PARISH

Rates Fringes

ELECTRICIAN......................$ 26.40 4.25%+9.60

ELEC0861-006 09/01/2022

ACADIA, CALCASIEU, LAFAYETTE, AND ST. MARTIN PARISHES

Rates Fringes

ELECTRICIAN......................$ 29.53 4.34%+13.05

ELEC0995-006 01/01/2022

ASCENSION, EAST BATON ROUGE, LIVINGSTON, ST. LANDRY, AND WEST

BATON ROUGE PARISHES

ELECTRICIAN......................$ 26.64 12.30

* SULA2004-006 04/29/2004

Rates Fringes

CARPENTER (all other work).......$ 12.81 ** 0.00

Cement Mason/Concrete Finisher...$ 13.77 ** 0.00

Laborers Common......................$ 8.20 ** 0.00 Pipelayer...................$ 9.45 ** 0.00

Power Equipment Operators Backhoe/Excavator...........$ 13.01 ** 0.00 Bulldozer...................$ 13.83 ** 0.00 Crane.......................$ 16.62 3.28 Dragline....................$ 15.16 0.00 Front End Loader............$ 11.50 ** 0.00 Motor Grader/Blade..........$ 11.75 ** 0.00 Oiler.......................$ 8.59 ** 2.50 Trackhoe....................$ 12.64 ** 0.00 Water Well Driller..........$ 11.91 ** 2.44 Winch.......................$ 11.38 ** 0.00

Truck Driver, Dump...............$ 10.25 ** 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information.

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. 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 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 DECISIO"

History

Sep 30, 2022LA20220002 - Modification 7

Sep 30, 2022LA20220002 - Modification 6

Sep 16, 2022LA20220002 - Modification 5

Sep 02, 2022LA20220002 - Modification 4

Mar 18, 2022LA20220002 - Modification 3

Feb 25, 2022LA20220002 - Modification 2

Feb 18, 2022LA20220002 - Modification 1

Jan 14, 2022LA20220002 - Modification 0

W912P821B0053

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)