Spec_Am1_W912PL-16-B-0007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 your 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 APPROPIRATION DATA (If required)

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

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

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0001 Sep 9, 2016

W912PL

U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401 Attn:CESPL-CTW Lulu Khilfeh

SEE ITEM 6

W912PL-16-B-0007

Aug 19, 2016

Morro Bay Harbor Maintenance Dredging, San Luis Obispo County, California.

A software glitch during the issuance of the original specification caused the deletion of the last few lines on the last page of every section for Division 01 and Division 35.

If there are no other changes to a section, then only the last page is being provided. If there were changes to any other part of a section, then the entire section is being replaced.

See the following Continuation page for details.

Morro Bay Harbor Maintenance Dredging W912PL-16-B-0007 San Luis Obispo County, CA

SF-30 Continuation page Amendment 1

Continuation from Block 14, SF-30 Amendment 1

Replace the Table of Contents

Specification Sections:

Division 00 – Replace the following sections.

00 20 00 Added paragraph 9.

00 73 00 Modified page 2 – 52.211-10 Commencement, Prosecution and Completion of Work

00 73 46 Wage Rates updated. Entire section updated.

Division 01 – Replace the following sections.

01 11 00 Added paragraphs 1.10, 1.11 and 1.12

01 22 00 Modified paragraphs 1.2.2 and 1.3.1.1

01 33 00a Added some submittals to the Submittal Register

01 42 00 The missing pages 2 and 3 have been added.

01 57 20 Added sub-paragraph 3.4.1 e. on page 14.

35 20 23 Modified paragraph 1.5 on page 4 and also 3.11.1 on page 14.

Replace the last page of the following sections for Division 01 and Division 35:

01 35 26; 01 45 01; 01 45 02; 01 50 00; 35 20 24; and 35 20 26

Added Appendix for Morro Bay Harbor Sampling & Analysis Report – December 2013

Contract Drawings:

Replace the following 3 drawings:

Sheet 2 of 14 G-002 – Index to Contract Drawings Sheet 3 of 14 CN-101 - Dredging Plan Sheet 13 of 14 CN-105 – Pipeline Landing and Beach Placement Detail

Table of Contents Amendment 1

DIVISION 00 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS

SF-1442 Solicitation, Offer and Award

00 01 05 Certification Page 00 10 00 CLIN Schedule / Bidders Notes 00 20 00 Instructions for Procurement Am1 00 21 13 Instructions to Bidders

00 45 00 Representations and Certifications 00 70 00 Conditions of the Contract 00 73 00 Supplementary Conditions Am1 00 73 46 Wage Rates Am1

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work Am1 01 22 00 Price and Payment Procedures Am1 01 33 00 Submittal Procedures 01 33 00a Submittal Register Am1 01 35 26 Governmental Safety Requirements

01 42 00 Sources for Reference Publications Am1 01 45 01 Contractor Quality Control 01 45 02 Quality Control System (QCS) 01 50 00 Temporary Construction Facilities 01 57 20 Environmental Protection Am1

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 Dredging Am1 35 20 24 Scow Silent Inspector 35 20 26 Hopper Dredge Silent Inspector

APPENDIX A - Morro Bay Harbor Sampling & Analysis Report --December 2013 Am1

-- End of Project Table of Contents --

00 20 00 - 1 Amendment 1

Section 00 20 00 Instructions for Procurement

Bidders Notes

1. Prices must be submitted on all individual items of the Solicitation, Contract Line Item Number (CLIN) Schedule. Failure to do so may cause the proposal to be determined “non-responsive.”

2. The bidder/offeror shall distribute his indirect costs (overhead, profit, bond, etc) over all items in the Contract Line Item Number (CLIN) Schedule. The Government will review all submitted Solicitation, Contract Line Item Number (CLIN) Schedules for any unbalancing of the items. Any submitted Solicitation, Contract Line Item Number (CLIN) Schedule determined to be unbalance may cause the proposal to be determined “unacceptable.”

3. The bidder/offeror shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract, to include all attachments thereto.

4. All extensions of the unit prices shown shall be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid/offer. For the purpose of initial evaluation of bids/offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the Solicitation, Contract Line Item Number (CLIN) Schedule as submitted by the bidder/offeror:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

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

d. Apparent error in addition of lump sum and extended prices will be corrected.

For the purpose of initial evaluation, the Government will proceed on the assumption that the bidder/offeror intends the bid/offer to be evaluated on the basis of unit prices the totals arrived at by the resolution of arithmetic discrepancies as provided above and the bid/offer will be so reflect on the Abstract of Bids/Offers.

5. If a modification to a price is submitted which provides for a lump sum adjustment to the total price, the application of the lump sum adjustment to each item in the Solicitation, Contract Line Item Number (CLIN) Schedule must be stated. If it is not stated, the bidder/offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every item in the Solicitation, Contract Line Item Number (CLIN) Schedule.

6. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

Bidders/Offerors are cautioned to check their Solicitation, Contract Line Item Number (CLIN) Schedule carefully for errors prior to submission. If the Solicitation, Contract Line Item Number (CLIN) Schedule contains unit prices, they shall be extended to the actual amount and not rounded off.

7. Quantities listed are estimated, the bidders/offerors unit prices must be FIRM.

8. Please note that although all line items on the Solicitation, Contract Line Item Number (CLIN) Schedule show a specific quantity, the actual quantity will be on an “as required” basis. The quantities specified in the Solicitation, Contract Line Item Number (CLIN) Schedule are estimated for the purpose of evaluation only and are not necessarily purchased by this contract.

9. This project is funds dependent. Award of options will be based upon the availability of funds.

• If there are enough funds to award line items 0005 and 0006, then both line items will be awarded.

• If there are enough funds to award line item 0005, but not enough funds to award line item 0006, then line item 0005 will be awarded.

• If there are enough funds to award line item 0006, but not enough funds to award line items 0005 and 0006, then line item 0006 will be awarded.

00 73 00 - 1 Amendment 1

Section 00 73 00

Supplementary Conditions

Table of Contents

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.217-4001 EXERCISE OF OPTION LINE ITEMS

52.236-4 PHYSICAL DATA (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

CONTRACT ADMINISTRATION DATA

NOTICE TO CONTRACTOR

SAFETY REQUIREMENTS

CONTRACTOR PERFORMANCE EVALUATIONS

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)—USACE

ACQUISITION INSTRUCTION (UAI) 31.105-101

ALTERNATE STRUCTURED APPROACH - CONSTRUCTION CONTRACTS (USACE ACQUISITION

INSTRUCTION (UAI) 215.404-73-101)

INVOICES (AUG 1991)

(S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-

BACON ACT CERTIFIED LABOR PAYROLLS (APR 2011)

STATEMENT OF REQUIREMENTS FOR ANITTERRORISM (AT) AND OPERATION SECURITY (OPSEC)

STANDARD PROVISIONS AND CLAUSES

AT LEVEL I TRAINING

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

FOR CONTRACTORS WHO DO NOT REQUIRE CAC, BUT REQUIRE ACCESS TO A DoD FACILITY OR

INSTALLATION

PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

00 73 00 - 2 Amendment 1

Section 00 73 00

Supplementary Conditions

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to

(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire Base Bid work and all options ready for use not later than 110 calendar days after receipt of the Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,154.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified

00 73 00 - 3 Amendment 1

52.217-4001 EXERCISE OF OPTION LINE ITEMS

The Government may exercise the option in the Contract Schedule within 45 days of Notice to Proceed.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by grab samples, dive samples and borings.

(b) Weather conditions. The contractor shall satisfy himself/herself as to the hazards likely to arise from weather conditions.

(c) Transportation facilities. The contractor shall make his/her own investigations of the conditions of existing public and private roads and clearances, bridge load limits and other limitations affecting transportation and ingress and egress at the job site. The unavailability of facilities or other limitations thereof shall not become a basis for claims against the Government or extensions of time for completion of the work.

(d) NA

52.236-16 QUANTITY SURVEYS (APR 1984)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

00 73 00 - 4 Amendment 1

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Index to Drawings J-2471 Sheet 2

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC

1991)

(a) The Contractor shall --

(1) Promptly recover and remove any material, plant, machinery, or appliance which the contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may --

00 73 00 - 5 Amendment 1

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et. seq.).

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) 65 percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining 35 percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of --

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b) (1) of this clause is not subject to appeal.

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

00 73 00 - 6 Amendment 1

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of Clause)

00 73 00 - 7 Amendment 1

CONTRACT ADMINISTRATION DATA

The Contract Administration Office for this contract subsequent to award is:

Department of the Army Los Angeles District, Corps of Engineers Vandenberg AFB, Resident Office 1318 New Mexico Ave

Bldg 9360, Room 201 Vandenberg AFB, CA 93437

ATTN: Shannon Cossa Telephone Number: (805) 734-4670 X 233

Payment will be made by:

USACE Finance Center

ATTN: CEGC-AO-P

5270 Integrity Drive Millington, TN 38054-5005

Submit Invoices to:

Vandenberg AFB Resident Office ATTN: Shannon Cossa 1318 New Mexico Avenue, Bldg 9360, Room 201 Vandenberg AFB, CA 93437

NOTICE TO CONTRACTOR

Only a warranted Contracting Officer (either a Procuring Contracting officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

SAFETY REQUIREMENTS

If this contract is for construction or dismantling, demolition or removal of improvements with a Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U. S.

Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1, in effect on the date of the solicitation. The current version is dated 30 November 2014. This publication may be obtained online and is available for download at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM 385-1-1.pdf Any other Safety and Occupational specific questions can be addressed to the US Army Engineer District, Los Angeles, ATTN: Safety Office, 915 Wilshire Blvd, Suite 930, Los Angeles, CA 90017.

CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $650,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM%20385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM%20385-1-1.pdf

00 73 00 - 8 Amendment 1

Construction Contractor Appraisal Support System (CPARS) which is now a web based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. The CPARS will notify the contractor with an electronic message when a completed performance evaluation is available for their retrieval from CPARS or the Past Performance Information Retrieval System (PPIRS) for finalized evaluation.

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)—

USACE ACQUISITION INSTRUCTION (UAI) 31.105-101

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part 49.

(b) 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 VII. 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.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Renal Costs. 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.

(d) 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.

(End of special contract requirement)

ALTERNATE STRUCTURED APPROACH - CONSTRUCTION CONTRACTS (USACE

ACQUISITION INSTRUCTION (UAI) 215.404-73-101)

The following alternate structured approach shall be used for all fixed-price construction contract actions.

Factor Rate Weight Value

Degree of risk 20 Relative difficulty of work 15 Size of job 15 Period of performance 15

00 73 00 - 9 Amendment 1

Contractor's investment 5 Assistance by Government 5 Subcontracting 25

Total 100%

Based on the circumstances of the procurement action, each of the above factors shall be weighted from .03 to .12 as indicated below. "Value shall be obtained by multiplying the rate by the weight. The Value column when totaled indicates the fair and reasonable profit percentage under the circumstances of the particular procurement. The profit percentage should be multiplied by the total contract costs, including general and administrative costs.

(1) Degree of risk. Where the work involves no risk or the degree of risk is very small, the weighting should be .03;

as the degree of risk increases, the weighting should be increased up to a maximum of .12. Lump sum items shall generally have a higher weight than unit price items; other things to consider include the nature of the work and where it is to be performed. Consider the portion of the work to be done by subcontractors, amount and type of labor included in costs, whether the negotiation is before or after performance of the work, etc. Modifications settled before the facts have much greater risk than those settled after the fact. A weight of .03 is appropriate for after the fact equitable adjustments and/or settlements.

(2) Relative Difficulty of Work: If the work is difficult and complex, the weight should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor is tied in to some extent with the degree of risk.

Some other things to consider are the nature of the work, by whom it is to be done (i.e., subcontractors, consultants), what is the time schedule.

(3) Size of Job. Work of $100,000 or less shall be weighted at .12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05. Work from $5,000,000 to $10,000,000 shall be weighted at .04. Work in excess of $10,000,000 shall be weighted at .03. It should be noted that control of fixed expenses generally improves with increased job magnitude.

(4) Period of Performance. Work not to exceed one month is to be proportionately weighted at .03. Work in excess of 24 months is to be weighted at .12. Durations between one month and 24 months are to be proportionately weighted between .03 and .12.

(5) Contractor's Investment. To be weighted from .03 to .12 on the basis of below average, average and above average. Things to consider include amount of subcontracting, Government-furnished property or data such as surveys, soil tests, method of making progress payments, and any mobilization payment items.

(6) Assistance by Government. To be weighted from .12 to .03 on the basis of average to above average. Consider use of Government-owned property, equipment and facilities, and expediting assistance.

(7) Subcontracting. To be weighted inversely proportional to the amount of subcontracting. Where 80% or more of the work is to be subcontracted use .03. The weighting should be increased proportionately to .12 where all the work is performed by the contractor's own forces.

INVOICES (AUG 1991)

The Government shall pay the Contractor upon submission of proper invoices for supplies delivered and accepted or services rendered and accepted for the portion of work actually performed under this contract. Invoices will be submitted (one hard-copy/ink-signed copy) to the address in Block 26, SF1442, which will be completed at time of award. Invoices shall be submitted on ENG Form 93 which will be provided to the Contractor by the Government

00 73 00 - 10 Amendment 1

(S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (APR 2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. This requirement for preparing, processing and providing certified labor payrolls are established by the Davis Bacon Act as stated in FAR 52.222-8, PAYROLL AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required three (3) years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required, to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor’s provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required number of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www/rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor’s Quality Control System (QCS) version of Resident Management System (RM), that in turn shall export payroll data to the Government’s Resident Management System (RMS); demonstrated security of data and data entry rights;

ability to produce contractor-certified electronic versions of the weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All contractor-incurred costs related to the contractor’s provision and use of an electronic payroll processing service shall be included in the contractor’s price for the overall work under the contract. The costs for Davis Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

STATEMENT OF REQUIREMENTS FOR ANITTERRORISM (AT) AND OPERATION

SECURITY (OPSEC) STANDARD PROVISIONS AND CLAUSES

AT LEVEL I TRAINING

1. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation facility or area. "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date oreffective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following http://www/rmssupport.com/guides.aspx

00 73 00 - 11 Amendment 1 website:http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204- 9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."

FOR CONTRACTORS WHO DO NOT REQUIRE CAC, BUT REQUIRE ACCESS TO A

DoD FACILITY OR INSTALLATION

2b. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

15. "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

This page was intentionally left blank for duplex printing.

00 73 46 - 1 Amendment 1

Section 00 73 46 Wage Determination

General Decision Number: CA160019 08/26/2016 CA19

Superseded General Decision Number: CA20150019

State: California

Construction Types: Building, Heavy (Heavy and Dredging) and Highway

County: San Luis Obispo County in California.

BUILDING, DREDGING (does not include hopper dredge work), HEAVY (does not include water well drilling, AND HIGHWAY

CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the 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 $10.15 (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 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 02/26/2016 3 03/04/2016 4 04/01/2016 5 05/20/2016 6 07/08/2016 7 07/22/2016 8 08/12/2016 9 08/26/2016

ASBE0005-002 07/01/2015

Rates Fringes

Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 36.74 19.49

00 73 46 - 2 Amendment 1

Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 25.38 16.81

ASBE0005-004 06/29/2015

Rates Fringes

Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 18.06 10.57

BOIL0092-004 10/01/2012

Area within a 25 mile radius of City of Santa Maria

Rates Fringes

BOILERMAKER......................$ 41.17 28.27

BOIL0549-007 01/01/2013

Remainder of County outside a 25 mile radius of City of Santa Maria

Rates Fringes

BOILERMAKER......................$ 38.37 31.32

* BRCA0004-006 05/01/2016

Rates Fringes

BRICKLAYER; MARBLE SETTER........$ 36.74 14.46

*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate

BRCA0018-008 06/01/2014

00 73 46 - 3 Amendment 1

MARBLE FINISHER..................$ 28.45 11.38

TILE FINISHER....................$ 23.78 9.84

BRCA0018-011 06/01/2014

Rates Fringes

TILE LAYER.......................$ 35.14 14.33

CARP0409-001 07/01/2015

Rates Fringes

CARPENTER

(1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...................$ 39.83 11.58

(2) Millwright..............$ 40.90 11.58

(3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)................$ 40.53 11.58

(4) Pneumatic Nailer, Power Stapler...............$ 37.60 11.58

(5) Sawfiler...............$ 37.44 11.58

(6) Scaffold Builder.......$ 28.55 11.58

(7) Table Power Saw Operator....................$ 37.45 11.58

FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional.

CARP0409-005 07/01/2015

Rates Fringes

Drywall

DRYWALL INSTALLER/LATHER....$ 40.40 15.03

STOCKER/SCRAPPER............$ 10.00 7.17

CARP0409-008 08/01/2010

Rates Fringes

Modular Furniture Installer......$ 17.00 7.41

ELEC0639-001 01/20/2016

00 73 46 - 4 Amendment 1

Electricians Wireman/Technician..........$ 40.30 19.19

FOOTNOTES:

CABLE SPLICER: 10% additional per hour above Wireman/Technician basic hourly rate.

Work from trusses, swinging scaffolds, open ladders, scaffolds, bosun chairs, stacks or towers, where subject to a direct fall from the ground floor or support structure from a distance of fifty (50) feet to ninety (90) feet: to be paid time and one-half. Work from trusses, swinging scaffolds, open ladders, scaffolds, bosun chairs, stacks or towers, where subject to a direct fall from the ground floor or support structure from a distance over ninety (90) feet: to be paid double the regular straight time rate of pay. Where workers are required to work under compressed air or in areas where injurious gases, dust or fumes are present in amounts necessitating the use of gas masks or self-contained breathing apparatus (particle masks are not considered self-contained breathing apparatus) or where workers work on poles at a distance of seventy-five (75) feet or more from the ground: to be paid a bonus of straight time pay. This shall be at a minimum of one hour, and thereafter, each succeeding hour or fraction thereof shall constitute an hour at the bonus rate. Tunnel work:

to be paid at the time and one-quarter hourly rate.

All employers may request workmen to report direct to a job within a free zone to include everything west of ten (10) miles east of Highway 101, as the crow flies, and then (10) miles north and south of Highway 46, as the crow flies, to the junction of Highway 41 and Highway 46. Everything outside this area shall be paid at full subsistence provide said job is of five (5) days duration or more and provide there is storage on the job for the Employee's tools. The Employer will be responsible for loss of tools under such circumstances. (Road: The most direct route on a surfaced road).

On all jobs or projects outside the free zone, as stated above, Employees may be required to report to the job site in their own transportation at the regular starting time and remain on the job site until the regular quitting time and these shall be paid at fifty dollars ($50.00) per day or fifty-one cents ($0.51) per mile for each road mile from shop to job and job to shop (round trip). (Day worked shall mean at least four (4) hours on the job unless sent home on account of weather, emergency, sickness, or injury).

The Employer shall pay for traveling time and furnish transportation from shop to job, job to job, and job to shop. Travel time shall be at the appropriate rate of pay

00 73 46 - 5 Amendment 1 for that day of the week. (Monday through Friday, straight time, Saturday and Sunday, double time.)

ELEC0639-003 12/01/2014

COMMUNICATIONS AND SYSTEMS WORK

SAN LUIS OBISPO COUNTY

Rates Fringes

Communications System Installer...................$ 29.92 12.27 Technician..................$ 30.89 11.66

SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, microwave transmission, multi-media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below).

Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function;

excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems.

Fire alarm work shall be performed at the current inside electrician total cost package.

ELEC1245-001 06/01/2015

Rates Fringes

LINE CONSTRUCTION

(1) Lineman; Cable splicer..$ 52.85 15.53

(2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 42.21 14.32

(3) Groundman...............$ 32.28 14.03

(4) Powderman...............$ 47.19 14.60

HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, 00 73 46 - 6 Amendment 1

Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day

ELEV0008-003 01/01/2015

Rates Fringes

ELEVATOR MECHANIC................$ 60.39 28.38

FOOTNOTE:

PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service.

PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.

ENGI0012-003 07/06/2015

Rates Fringes

OPERATOR: Power Equipment (All Other Work)

GROUP 1....................$ 39.95 23.35

GROUP 2....................$ 40.73 23.35

GROUP 3....................$ 41.02 23.35

GROUP 4....................$ 42.51 23.35

GROUP 5....................$ 41.86 23.35

GROUP 6....................$ 41.83 23.35

GROUP 8....................$ 42.84 23.35

GROUP 9....................$ 42.19 23.35

GROUP 10....................$ 42.96 23.35

GROUP 11....................$ 42.31 23.35

GROUP 12....................$ 43.13 23.35

GROUP 13....................$ 43.23 23.35

GROUP 14....................$ 43.26 23.35

GROUP 15....................$ 43.34 23.35

GROUP 16....................$ 43.46 23.35

GROUP 17....................$ 43.63 23.35

GROUP 18....................$ 43.73 23.35

GROUP 19....................$ 43.84 23.35

GROUP 20....................$ 43.96 23.35

GROUP 21....................$ 44.13 23.35

GROUP 22....................$ 44.23 23.35

GROUP 23....................$ 44.34 23.35

GROUP 24....................$ 44.46 23.35

GROUP 25....................$ 44.63 23.35

OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting)

GROUP 1....................$ 41.30 23.35

GROUP 2....................$ 42.08 23.35

GROUP 3....................$ 42.37 23.35

GROUP 4....................$ 42.51 23.35

GROUP 5....................$ 42.73 23.35

00 73 46 - 7 Amendment 1

GROUP 6....................$ 42.84 23.35

GROUP 7....................$ 42.96 23.35

GROUP 8....................$ 43.13 23.35

GROUP 9....................$ 43.30 23.35

GROUP 10....................$ 44.30 23.35

GROUP 11....................$ 45.30 23.35

GROUP 12....................$ 46.30 23.35

GROUP 13....................$ 47.30 23.35

OPERATOR: Power Equipment (Tunnel Work)

GROUP 1.......