_Am1_W912PL-18-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 Aug 24, 2018

USACE-LOS ANGELES DISTRICT

CONTRACTING DIVISION, WEST REGION BRANCH

915 WILSHIRE BLVD, SUITE 1440

LOS ANGELES, CA 90017

W912PL-18-B-0007

Aug 2, 2018

Channel Islands and Port Hueneme Harbors Maintenance Dredging, Ventura County, California

The Bid Opening date has changed to 5 September 2018 at 2:00 pm. See revised SF-1442.

See SF-30 Continuation sheet for Summary of Changes.

Channel Islands and Port Hueneme Harbors Maintenance Dredging W912PL-18-B-0007 Ventura County, CA

SF-30 Continuation page Amendment 1

Continuation from Block 14, SF-30 Amendment 1

Replace Table of Contents

Replace SF-1442 Solicitation, Offer and Award

Specification Sections:

Division 00 – Replace the following sections.

00 10 00 Contract Line Item Number (CLIN) Schedule

00 73 00 Supplementary Conditions Modified page 2 – 52.211-10 Commencement, Prosecution and Completion of Work and paragraph EXERCISE OF OPTION LINE ITEMS.

00 73 46 Wage Rates updated.

Division 01 – Replace the following section.

01 57 19 Temporary Environmental Controls. Modified paragraph 1.5.1 on page 5.

Division 35 – Add

35 20 23b Sediment Sample Logs for Port Hueneme Approach Channel

Channel Islands and Port Hueneme Harbors Maintenance Dredging W912PL-18-B-0007 Ventura County, CA

Table of Contents Amendment 1

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SF-1442 Solicitation, Offer and Award Am1

00 01 05 Certification Page 00 10 00 Contract Line Item Number (CLIN) Schedule Am1 00 21 00 Instructions 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 01 22 00 Price and Payment Procedures 01 32 01 Project Schedule 01 33 00 Submittal Procedures 01 33 00a Submittal Register 01 35 26 Governmental Safety Requirements

01 42 00 Sources for Reference Publications 01 45 00 Quality Control 01 45 01 Resident Management System Contractor Mode (RMS CM) 01 50 00 Temporary Construction Facilities and Controls 01 57 19 Temporary Environmental Controls Am1 01 78 00 Closeout Submittals

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 Dredging 35 20 23a Sediment Sample Logs – Channel Islands Harbor / Sand Trap 35 20 23b Sediment Sample Logs – Port Hueneme Approach Channel Am1

-- End of Project Table of Contents --

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by the offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

W912PL-18-B-0007 x 02 Aug 2018 1 OF 2

U.S.Army Corps of Engineers, Los Angeles Dist Attn:Contracting Division CESPL-CT-W 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401

See Item 7

Pat Bonilla 213-452-3255

CHANNEL ISLANDS AND PORT HUENEME HARBORS MAINTENANCE DREDGING, VENTURA COUNTY, CALIFORNIA

Project consists of biennial maintenance dredging of the Channel Islands Harbor federal navigation channel and sand trap, and maintenance dredging of Port Hueneme Harbor, as needed.

Majority of the dredge material is placed on Hueneme Beach located south of Port Hueneme Entrance Channel, approximately 2 miles form the Channel Islands Harbor sand trap. The contract contains a base dredging period (cycle) and two option periods (cycles) over a 6 year period.

Magnitude of the Proposed Project: $10,000,000 to $25,000,000. This procurement will be conducted under FAR Part 14 Sealed Bidding, FSC CODE: Y1KF Dredging, NAICS Code: 237990 Other Heavy and Civil Engineering Construction. The size standard for NAICS code 237990 Dredging is $27,500,000.

This solicitation is Unrestricted. All responsive and responsible parties are invited to submit a bid.

BIDDERS PLEASE NOTE: “This project may be delayed, cancelled or revised at any time prior to award.”

10 see 007300

X X *Section 00 73 00

X 10

0 2:00 PM

5 September 2018

X

Amendment 1

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

See Section 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule

USACE Los Angeles District Los Angeles Project office 645 N. Durfee Avenue South El Monte, CA 91733

USACE, Finance Center

ATTN: CEFCO-AO-D

5722 Integrity Drive Millington, TN 38054-5005

Amendment 1

Channel Islands and Port Hueneme Harbors Maintenance Dredging W912PL-18-B-0007 Ventura County, California

00 10 00 - 1 Amendment 1

BIDDING SCHEDULE

BASE BID

Item Estimated No. Description Quantity Unit Unit Price Amount

1. Mobilization and Demobilization, First Cycle 1 Job Lump Sum $__________

2. Dredging, First Cycle – Channel Islands Harbor 400,000 Cubic Yards $__________ $__________ Areas B, C, D and G

3. Dredging, First Cycle – Channel Islands Harbor 100,000 Cubic Yards $__________ $__________ Areas A and E

Total Base Bid $__________

OPTION ITEMS

4. Additional Dredging, First Cycle - Channel Islands Harbor – Areas B, C, D and G

4A. First 700,000 Cubic Yards, First Cycle 700,000 Cubic Yards $__________ $__________

4B. Over 700,000 Cubic Yards, First Cycle 300,000 Cubic Yards $__________ $__________

5. Dredging, Port Hueneme Harbor, First Cycle 100,000 Cubic Yards $__________ $__________ Approach Channel and Entrance Channel

6. Mobilization and Demobilization, Second Cycle 1 Job Lump Sum $__________

7. Dredging, Second Cycle - Channel Islands Harbor – Areas B, C, D and G

7A. First 600,000 Cubic Yards, Second Cycle 600,000 Cubic Yards $__________ $__________

7B. Over 600,000 Cubic Yards, Second Cycle 400,000 Cubic Yards $__________ $__________

8. Dredging, Second Cycle – Channel Islands Harbor 50,000 Cubic Yards $__________ $__________

9. Mobilization and Demobilization, Third Cycle 1 Job Lump Sum $__________

10. Dredging, Third Cycle - Channel Islands Harbor – Areas B, C, D and G

10A. First 600,000 Cubic Yards, Third Cycle 600,000 Cubic Yards $__________ $__________

10B. Over 600,000 Cubic Yards, Third Cycle 400,000 Cubic Yards $__________ $__________

11. Dredging, Third Cycle – Channel Islands Harbor 50,000 Cubic Yards $__________ $__________

12. Additional Dredging, Port Hueneme Harbor – 50,000 Cubic Yards $__________ $__________ Approach Channel and Entrance Channel (any cycle)

Total Option Items $__________

Total Estimated Amount, Base Bid plus Option Items $ ________________

Channel Islands and Port Hueneme Maintenance Dredging W912PL-18-B-0007

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)

EXERCISE OF OPTION(S) LINE ITEMS OF WORK

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

52.211-13 TIME EXTENSIONS (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.211-5001 VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED ITEMS (MAR 1995)—UAI

1.105-101 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)--UAI

52.236-4 PHYSICAL DATA (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (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)

SAFETY REQUIREMENTS

CONTRACTOR PERFORMANCE EVALUATIONS

ALTERNATE STRUCTURED APPROACH TO WEIGHTED GUIDELINE METHOD FOR CONSTRUCTION

CONTRACTS (USACE ACQUISITION INSTRUCTION 215.404-73-101) (MARCH 2013)

SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS' UNCLASSIFIED CONTRACTS

(APR 2004)

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

BACON ACT CERTIFIED LABOR PAYROLLS (APR 2011)

ACCRUALS

NOTICE TO CONTRACTOR

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

SECURITY REQUIREMENTS

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

SPECIAL REQUIREMENTS FOR NAVY BASE ACCESS

00 73 00 - 2 Amendment 1

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 not later than 65 * calendar days after receipt of Notice to Proceed.

The time stated for completion shall include final cleanup of the premises.

* The following days will be added to the duration of the Contract if the Government exercises the options specified below:

* Option items 4A, 4B and 5: an additional 1 day for every 20,000 cubic yards exercised.

* Option items 6, 7A, 7B and 8: an additional 70 calendar days for the first 600,000 cubic yards exercised. An additional 1 day for every 20,000 cubic yards exercised beyond the first 600,000.

* Option items 9, 10A, 10B and 11: an additional 70 calendar days for the first 600,000 cubic yards exercised. An additional 1 day for every 20,000 cubic yards exercised beyond the first 600,000.

* Option item 12, Additional Dredging Port Hueneme Harbor, anticipated to be exercised during one of the three Channel Island Harbor cycles: an additional 15 days shall be added to the duration of the contract.

* Calendar days will be added to the period of performance from receipt of the SF 30 “Modification of the Contract” or September 1st of the given dredge cycle, whichever is later. All times stated for completion includes final cleanup of the premises.

(End of clause)

EXERCISE OF OPTION(S) LINE ITEMS OF WORK

The Government may exercise any of the options in the Contract Schedule in accordance with the dates below. A preliminary notice of intent will be issued 14 days prior to issuing the Standard Form (SF) 30.

Exercise of any option(s) will be by the Contracting Officer sending an e-mail with an attached Standard Form (SF) 30 “Modification of Contract” citing this section as the authority for exercising the option(s).

(a) First Dredge Cycle: The Government may exercise option(s) 4A or 4B by December 20th, 2018.

Option item 4A may be exercised without exercising option 4B. The Government may exercise option item 5 by January 25th, 2019.

(b) Second Dredge Cycle: The Government may exercise the option(s) for the Second Cycle by

December 20th, 2020. If option item 6 is exercised, option items 7A and 8 will also be exercised.

Option item 7B may or may not be exercised.

(c) Third Dredge Cycle: The Government may exercise the option(s) for the Third Cycle by December

20th, 2022. If option item 9 is exercised, option items 10A and 11 will also be exercised. Option item 10B may or may not be exercised.

00 73 00 - 3 Amendment 1

(d) The Government may exercise option item 12 to Dredge Port Hueneme Harbor by December 20th of the same year as the 2nd Cycle Option, or 3rd Cycle Option. The contract completion date shall be as set forth in the option for the applicable cycle.

The Government may exercise the option for the Second Cycle without obligating it to exercise the option for the Third Cycle. The Government may exercise the option for the Third Cycle without having exercised the option for the Second Cycle.

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 $1,904 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.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

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 - 4 Amendment 1

52.211-5001 VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED

ITEMS (MAR 1995)—UAI

This variation in estimated quantities clause is applicable only to Items Nos. 0004A, 0004B, 0007A, 0007B, 0010A and 0010B.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Items Nos. 0004A, 0007A and 0010A is less than 85% of the quantity of the first sub-item listed under such item, the contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.212-11, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Items Nos. 0004A, 0007A and 0010A exceeds 115% or is less than 85% of the total estimated quantity of the sub-item under that item and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Items Nos. 0004B, 0007B and 0010B exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.212-11, Variation in Estimated Quantities.

1.105-101 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)--UAI

(a) This clause 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 ____. 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. 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.

00 73 00 - 5 Amendment 1

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

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of clause)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities

(1) at or near the work site, and

(2) on adjacent property of a third party, the locations of which are made known to or should

00 73 00 - 6 Amendment 1 be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

00 73 00 - 7 Amendment 1

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.

(End of clause)

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 C-1972 G-002

00 73 00 - 8 Amendment 1

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 --

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

(2) The remaining 35percent 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.

(End of Clause)

00 73 00 - 9 Amendment 1

SAFETY REQUIREMENTS

The bidder’s attention is directed to the latest version of U. S. Army Corps of Engineers Safety and Health Manual EM 385-1-1, which will be strictly enforced. This publication may be obtained online and is available for download at https://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/.

Hard copies are available from the Associated General Contractors of America, (Item #3607). The U.S.

Government Printing Office is sold out of its inventory of the manual. Any other Safety and Occupational specific questions can be addressed to the US Army engineer District, Los Angeles, ATTN: Safety Office, P.O. Box 532711, Los Angeles, CA 90053-2325.

CONTRACTOR PERFORMANCE EVALUATIONS

The United States Army Corps of Engineers (USACE) follows the procedures for contractor performance assessments as detailed in the following guidance; FAR 42.15, DFARS 215.304 and 242.15, as well as, AFARS

5117.9005 and 5142.15 and the UAI 42.1502-100(1). In accordance with the provisions stated above, the contractor’s performance shall be evaluated throughout the performance of the contract, at least once annually and at the completion of the contract.

For service contracts other than construction and AE services at or above $650,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Assessment Repository System (CPARS), a web based system. The systems formerly known as Architect-Engineer Contract Administration Support System (ACASS) and Construction Contractor Appraisal Support System (CCASS) were incorporated into the CPARS (https://www.cpars.gov).

For evaluations of contractor performance on other services acquisition (other than construction or architect engineering), the responsible roles are: (a) Services Acquisition Assessing Official (AO): The AO shall be the KO (or when designated, the COR) responsible for the services acquisition and deliverables. Services Acquisition Reviewing Official (RO): The RO shall be one level above the KO (or where a COR is designated the COR’s Supervisor) assigned to the services acquisition and responsible for the management of the services acquisition performance.

The USACE Los Angeles District local CPARS Point of Contact (POC) is Maria Cisneros, telephone 213-452-3242 email Maria.P.Cisneros@usace.army.mil or Bridgett.D.Hollier@usace.army.mil

For this acquisition the designated COR will be the assessing official with the Reviewing Official the COR's supervisor. Evaluation Schedule: A performance evaluation shall be performed annually from the date of award and at the time of contract completion.

After an evaluation (interim or final) is completed by 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.

NOTE: Within 30 days from the date of award the Contractor shall provide to the Contracting Officer thename and contact information for their firms CPARS POC.

https://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/ mailto:Bridgett.D.Hollier@usace.army.mil

00 73 00 - 10 Amendment 1

ALTERNATE STRUCTURED APPROACH TO WEIGHTED GUIDELINE

METHOD FOR CONSTRUCTION CONTRACTS (USACE ACQUISITION

INSTRUCTION 215.404-73-101) (MARCH 2013)

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

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.

00 73 00 - 11 Amendment 1

(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.

SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS'

UNCLASSIFIED CONTRACTS (APR 2004)

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Los Angeles District, ATTN: CESPL-P.O Box 532711, Los Angeles, California 90053 Security Officer, Mr. Reginald Seabrook within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Los Angeles District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Los Angeles District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. NATIONAL INFRASTRUCTURES EFFORTS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) Check from the state where the work will be performed to the Contracting Officer no later than ten (10) working days after contract award. In addition to providing the individual Criminal Records (History) Check, contractor employees scheduled to have access to the National Infrastructures for six (6) months or longer required a favorable Public Trust Background Investigation (SF-85P), which includes fingerprints (FD-258). Contractor employees may have the finger print card (FD-258) completed by local law enforcement anyone qualified in the Los Angeles District Field Offices, or by making an appointment with the District Security Officer, SGM Jeffrey E. Koontz, 213.452.3969. The contractor shall have each applicable employee provide the completed SF-85P and FD-258 to the Los Angeles Security Office as soon as possible after contract award, but definitely prior to the employee being permitted access to the work area.

C. FOREIGN NATIONALS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) in accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE

00 73 00 - 12 Amendment 1

Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I- 151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

(End of Clause)

(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 http://www/rmssupport.com/guides.aspx

00 73 00 - 13 Amendment 1 compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

ACCRUALS

In accordance with USACE Engineer Financial Regulation (ER) 37-1-30, and other applicable Federal and DOD financial accounting standards, the Contractor is required to assist government…