Free Administrative Record - District Court of Federal Claims - federal

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 1 of 89
PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.
W38XGR73303790

1. CONTRACT ID CODE

J

1

2

5. PROJECT NO.(If applicable)

0001
6. ISSUED BY
US ARMY ENGINEER DISTRICT, MEMPHIS 167 N MAIN STREET B202 MEMPHIS TN 38103-1894

28-Jan-2008
CODE

W912EQ

7. ADMINISTERED BY (If other than item 6)

CODE

See Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code)

X 9A. AMENDMENT OF SOLICITATION NO. W912EQ-08-B-0001 X 9B. DATED (SEE ITEM 11) 17-Jan-2008 10A. MOD. OF CONTRACT/ORDER NO. 10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
is extended, X is not extended.

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) The amendment to this solicitation makes the following changes. See Summary of Changes on attached continuation sheet.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

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

15B. CONTRACTOR/OFFEROR (Signature of person authorized to sign) EXCEPTION TO SF 30 APPROVED BY OIRM 11-84

15C. DATE SIGNED

16B. UNITED STATES OF AMERICA BY (Signature of Contracting Officer)

16C. DATE SIGNED

30-105-04

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243

197

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 2 of 89
W912EQ-08-B-0001 Page 2 of 2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The following have been added by full text: AMENDMENT 0001 Block 10 of SF 1442, the following statement is changed to read : Dredges larger than 29 inch will be considered, but the estimated output will be based on the quanity shown for a 29 inch dredge. Section 00800 Paragraph No. SP.6 Plant subparagraph b. Performance of Plant The last sentence is changed to read: Government inspectors shall verify that the specified minimum requirements are met during performance of the contract by the contractor's before and after surveys and automated production reports. Section 00800 Paragraph No. SP.18 Payments-Designated Billing Office The following subparagraph g. is added: g. Reduction in Payment for Failure to Meet Output Requirements: If the dredging output falls short of that specified in Section 02482, subparagraph 2.1.1, as measured by Section 00800, subparagraph SP6.b, the total dredging hours for that location will be reduced by the percentage that the output falls short of that specified. Payment for dredging operations, which fail to meet the specified minimum output, will be made by multiplying this reduced number of hours by the contract unit price per hour. Section 02482 ­ Dredging Paragraph 2.1.1 Size of Dredge The following sentence is changed to read: Failure to maintain that quantity will result in a reduction in payments in accordance with paragraph 00800-SP.18.g, unless the Contracting Officer determines that circumstances beyond the control and without the fault or negligence of the Contractor caused the reduction in output. The following sentence is added to the first paragraph: Bids for dredges larger than 30 inch shall provide a plan of execution to accomplish the work required for the Northwest Tennessee Harbor. Paragraph 2.3.1 Production Recording Equipment The following sentence is changed to read: The dredge shall be equipped with automated production recording equipment, to continually record slurry density, slurry velocity, pipeline pressure, pump vacuum, pump RPM, and engine RPM.

(End of Summary of Changes)

198

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 3 of 89

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.
W38XGR73303790

1. CONTRACT ID CODE

PAGE OF PAGES

J

1

2

5. PROJECT NO.(If applicable)

0002
6. ISSUED BY
US ARMY ENGINEER DISTRICT, MEMPHIS 167 N MAIN STREET B202 MEMPHIS TN 38103-1894

15-Feb-2008
CODE

W912EQ

7. ADMINISTERED BY (If other than item 6)

CODE

See Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code)

X 9A. AMENDMENT OF SOLICITATION NO. W912EQ-08-B-0001 X 9B. DATED (SEE ITEM 11) 17-Jan-2008 10A. MOD. OF CONTRACT/ORDER NO. 10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X is extended, is not extended.

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; (a) By completing Items 8 and 15, and returning 1 or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) This solicitation W912EQ-08-B-0001 is for the Lease of one Cutterhead Hydraulic Pipeline Dredge, fully operated with attendant plant for Dredging of the Mississippi River, existing harbors and new construction of North West Tennessee Harbor in the Memphis District scheduled to open 20 February 2008 at 2:00 p.m., is amended as follows: The bid opening for Solicitation No. W912EQ-08-B-0001 is postponed indefinitely.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

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

15B. CONTRACTOR/OFFEROR (Signature of person authorized to sign) EXCEPTION TO SF 30 APPROVED BY OIRM 11-84

15C. DATE SIGNED

16B. UNITED STATES OF AMERICA BY (Signature of Contracting Officer)

16C. DATE SIGNED

30-105-04

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243

199

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 4 of 89
W912EQ-08-B-0001 Page 2 of 2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES

The bid opening for Solicitation No. W912EQ-08-B-0001 is postponed indefinitely.

(End of Summary of Changes)

200

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 5 of 89

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.
W38XGR73303790

1. CONTRACT ID CODE

PAGE OF PAGES

J

1

25

5. PROJECT NO.(If applicable)

0003
6. ISSUED BY
US ARMY ENGINEER DISTRICT, MEMPHIS 167 N MAIN STREET B202 MEMPHIS TN 38103-1894

29-Feb-2008
CODE

W912EQ

7. ADMINISTERED BY (If other than item 6)

CODE

See Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code)

X 9A. AMENDMENT OF SOLICITATION NO. W912EQ-08-B-0001 X 9B. DATED (SEE ITEM 11) 17-Jan-2008 10A. MOD. OF CONTRACT/ORDER NO. 10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X is extended, is not extended.

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; (a) By completing Items 8 and 15, and returning 1 or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) This solicitation W912EQ-08-B-0001 is for the Lease of one Cutterhead Hydraulic Pipeline Dredge, fully operated with attendant plant for Dredging of the Mississippi River, existing harbors and new construction of North West Tennessee Harbor in the Memphis District that was postponed indefinitely by Amendment 0002, is amended as follows: This Amendment No. 0003 re-establishes the solicitation and extends the bid opening from 20 February 2008 at 2:00 PM to 11 March 2008 at 2:00 PM and includes the following attached Summary of Changes.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

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

15B. CONTRACTOR/OFFEROR (Signature of person authorized to sign) EXCEPTION TO SF 30 APPROVED BY OIRM 11-84

15C. DATE SIGNED

16B. UNITED STATES OF AMERICA BY (Signature of Contracting Officer)

16C. DATE SIGNED

30-105-04

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243

201

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 6 of 89
W912EQ-08-B-0001 Page 2 of 25

SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

AMENDMENT 0003 - LOT 1 BID SCHEDULE
ITEM NO 0001 SUPPLIES/SERVICES New construction dredging of the Northwest Tenn. Harbor at mile LMR 899.0. Rental of one fully operated hydraulic dredge with min. 27inch ID pump discharge, booster pump if needed and attendant dredge plant including pipeline QUANTITY UNIT UNIT PRICE AMOUNT

0001AA

First 1200 hours

1,200

Hours

________________

____________________

0001AB

All over 1200 hours

600

Hours

________________

____________________

0002

All other Dredging Rental of one fully operated hydraulic dredge with min. 27inch ID pump discharge, and attendant dredge plant including pipeline.

0002AA

First 1600 hours

1,600

Hours

________________

____________________

0002AB

All over 1600 hours

800

Hours

________________

____________________

202

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 7 of 89
W912EQ-08-B-0001 Page 3 of 25

0003

Upstream Towing of Dredge and attendant plant.

0003AA

First 200 miles

200

Miles

________________

____________________

0003AB

All over 200 miles

200

Miles

________________

____________________

0004

Downstream Towing of dredge and plant

0004AA 0004AB

First 200 miles All over 200 miles

200 200

Miles Miles

________________ ________________

____________________ ____________________

0005

Mobilization and demobilization

1

Lump Sum

____________________

TOTAL BID ITEMS 0001 THRU 0005 ____________________________

203

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 8 of 89
W912EQ-08-B-0001 Page 4 of 25

SECTION SF30 - BLOCK 14 CONTINUATION PAGE - The following have been added by full text: This solicitation is hereby re-established and the required response date/time for bid opening is extended from 20-FEB-2008 at 2:00 PM to 11-MAR-2008 at 2:00 PM. Standard Form 1442 is changed as follows: Block 10 ­ The sentence, "Dredges larger than 29 inch will be considered, but the estimated output will be based on the quantity shown for a 29 inch dredge" is deleted and replaced with, "Dredges larger than 27 inch will be considered, but the estimated output will be based on the quantity shown for a 27 inch dredge". Block 11 ­ The Contractor shall begin performance within 21 calendar days is changed to 10 days. Section 00010 Solicitation Contract Form - Bidding Schedule ­ Lot 1 has been changed and included as part of this amendment. Lot 2 of the bidding schedule is deleted in its entirety. Section 00800 Special Contract Requirements ­ is deleted and replaced in it's entirety to include all previous changes, and is part of this amendment. Table of Contents is unchanged. Section 00900 ­ Wage Determinations ­ General Decision No.'s AR070045, KY070050, and MS070034 are deleted and replaced with AR080045, KY080050, MS080034 and are included as part of this amendment. Section 02482 ­ Dredging ­ Is deleted and replaced in it's entirety to include all previous changes, and is part of this amendment. Table of Contents is unchanged. Clause 52.211-10 ­ Commencement of work has changed from 21 calendar days to 10 calendar days. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

a. The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of the first task order, (b) to prosecute the work diligently, and (c) to complete the entire work not later than 31 December 2008. The contract work period is expected to run from April through December. At the option of the Government, this contract, with all its terms and provisions, may be extended for such period and as often as the Government may elect, to permit continuous use of said plant or equipment, not extending beyond 31 December 2008. After that date the contract may be extended only by mutual agreement of the Contractor and the Government, not extending beyond May 31, 2009. b. The Contractor shall deliver the dredge and attendant plant ready for operation in the vicinity of McKellar Lake harbor, Memphis, TN (Mile 725 AHP), or to any other work site as may be directed. If delivery is required to a point that requires farther towing from the location of the dredge just prior to beginning work under this contract, the Contractor will be paid for the distance between the first work site and Mile 725 AHP at the applicable contract unit price for towing. If delivery is required to a point that requires less towing, the distance between the first work site and Mile 725 AHP will be multiplied by the applicable contract unit price for towing and this amount will be deducted from the Contractor's earnings. The plant will be inspected and the Contractor notified of acceptance or rejection of the plant within 24 hours after delivery of plant to the Contracting Officer. c. A pre-work conference will be held prior to commencement of work. The time and place of conference will be determined by mutual agreement between the Contracting Officer or his designated representative and the Contractor. d. The Contractor shall prosecute the work assigned him to meet the schedule of dredging operations as determined by the Contracting Officer. The work will be on a 7 day per week, 24 hour per day schedule. e. Upon completion of the contract, the dredge and attendant plant will be released to the Contractor at McKellar Lake harbor, Memphis, TN.

204

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 9 of 89
W912EQ-08-B-0001 Page 5 of 25

SECTION 00800 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

SP.1 DELIVERY, PROSECUTION AND COMPLETION OF WORK a. The Contractor is required to commence work under this contract within 10 calendar days after receipt of Notice to Proceed, to prosecute the work diligently, and to complete all work not later than 31 December 2008. The contract work period is expected to run from April through December. At the option of the Government, this contract, with all its terms and provisions, may be extended for such period and as often as the Government may elect, to permit continuous use of said plant or equipment, not extending beyond 31 December 2008. After that date the contract may be extended only by mutual agreement of the Contractor and the Government, not extending beyond May 31, 2009. b. The Contractor shall deliver the dredge and attendant plant ready for operation in the vicinity of McKellar Lake Harbor, Memphis, TN (Mile 725 AHP), or to any other work site as may be directed. If delivery is required to a point that requires further towing from the location of the dredge just prior to beginning work under this contract, the Contractor will be paid for the distance between the first work site and Mile 725 AHP at the applicable contract unit price for towing. If delivery is required to a point that requires less towing, the distance between the first work site and Mile 725 AHP will be multiplied by the applicable contract unit price for towing and this amount will be deducted from the Contractor's earnings. The plant will be inspected and the Contractor notified of acceptance or rejection of the plant within 24 hours after delivery of plant to the Contracting Officer. c. A pre-work conference will be held prior to commencement of work. The time and place of conference will be determined by mutual agreement between the Contracting Officer or his designated representative and the Contractor. d. The Contractor shall prosecute the work assigned him to meet the schedule of dredging operations as determined by the Contracting Officer. The work will be conducted on a 7 days per week, 24 hours per day basis. e. Upon completion of the contract, the dredge and attendant plant will be released to the Contractor at McKellar Lake Harbor, Memphis, TN. SP.2 PHYSICAL DATA a. Floating plant can reach the sites of work via the Mississippi River. Obtaining access through private lands to landings near the sites of work for land transportation is the responsibility of the Contractor. b. The material to be dredged will consist of sand, gravel, silt, mud and clay; and in certain locations, stumps, roots, logs, riprap and/or pile or stone dikes and miscellaneous debris may be encountered. The dredge must be equipped with suitable pump impellers and cutters to efficiently handle these varying materials. c. The work required consists of making or enlarging dredge cuts, construction of fills, construction of new harbor channels and dredging in various channels and harbors. The currents may vary from zero to fifteen feet per second. d. The dredging operations contemplated are not all in or near cities. Floating plant may be necessary for the housing or boarding of the labor employed by the Contractor. e. During the contract period, the Contractor may receive requests for dredging from private interests and local governments. Provided the work can be accomplished without detriment to the work for which the dredge is being leased, and subject to the prior approval of the Contracting Officer in each instance, the Contractor, upon request, may be temporarily released from this contract to perform dredging for others. In temporarily releasing the

205

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 10 of 89
W912EQ-08-B-0001 Page 6 of 25

Contractor to perform work for others, the Government does not assume any responsibility for the work performed, or for the collection of any amounts earned by the Contractor. f. Disposal areas will be furnished by the Government. Material shall be discharged into the river or be retained in disposal areas by retaining dikes and box-type spillways as directed. The Contractor shall use normal caution in pipeline operations when discharging in dike areas to prevent washing and failure of retaining dikes, and shall maintain a watch on the spillways and keep the spill boxes free of debris. Polyethylene may be required on dike slopes during dredging operations to protect the retaining dikes. If so, the polyethylene will be furnished by others. The Contractor shall place the polyethylene on the dikes, when needed. SP.3 INSPECTION The presence of inspectors shall not relieve Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor shall furnish the use of boats, crew, and material forming a part of the ordinary and usual equipment and crew of the dredge plant, as may be reasonably necessary in inspecting and supervising the work. The Contractor shall furnish suitable transportation to and from the various pieces of plant, and to and from the disposal areas from all points on shore in the vicinity of the work. If the Contractor refuses, neglects, or delays compliance with these requirements, the specific facilities may be furnished by the Government, and the cost thereof will be deducted from the Contractor's earnings. SP.4 MISPLACED MATERIAL Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector, and when required shall mark or buoy such obstructions until the same are removed. Should the Contractor refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be 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.). SP.5 SIGNAL LIGHTS The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals as approved by the Secretary of the Army (33 C.F.R. 201.1 - 201.16 and the Commandant, U.S. Coast Guard per Instruction M16672.2, Navigation Rules: International - Inland (COMDTINST M16672.2), or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable. SP.6 PLANT a. General. The Contractor agrees to place plant on the job meeting the requirements herein specified. The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work specified. The plant shall be subject to inspection of the Contracting Officer at all times. Award of this contract shall not be construed as an agreement on the part of the Government that plant listed by the Contractor in his bid is adequate for the performance of the work. The measure of the "capacity of the plant" shall be its actual performance on the work to which these specifications apply. b. Performance of Plant. By submitting a bid, the Contractor is giving assurance that the dredging plant furnished shall perform efficiently under the conditions described in these specifications. Government inspectors shall verify that the specified minimum requirements are met during performance of the contract by the contractor's before and after surveys and automated production reports.

206

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 11 of 89
W912EQ-08-B-0001 Page 7 of 25

c. Unserviceable Plant. If, at any time during the life of the contract, the Contracting Officer determines that any item of plant, or part thereof, is inadequate for the service required, is not being operated at full capacity, has become unserviceable or unsafe, is incapable of efficient work, or is not being efficiently operated because of reduced or incompetent crew; he will notify the Contractor in writing of his decision. The Contracting Officer will either suspend operations or direct that the item of plant, or part thereof, be removed from the work until the defects are corrected; and after giving such notice, the rate of payment for the entire plant will be reduced in the ratio that the output falls short of that specified in the Technical Specifications, with allowances for changes in dredging conditions, until the defects are corrected or incompetent crew is replaced, or crew is increased to the satisfaction of the Contracting Officer. The Contractor may substitute plant of similar capacity and power, satisfactory to the Contracting Officer, for any item of plant, or part thereof, condemned or ordered removed from the work. d. Control. (1) The plant and its crew will work under the actual direct supervision of the Contractor. The Contracting Officer or his representative shall direct the time and location of the work to be accomplished under the contract. (2) The Contractor, or a representative with full authority to act for him with reference to care and operation of the plant, shall be on the site of the work at all times. e. Movement of Plant. All moving and towing of the dredge and attendant plant will be done by the Contractor. The Contractor will be notified as early as possible in advance of movement of the dredge plant to permit assembly of the tow. f. Operation and Repair. The Contractor shall furnish all labor, fuel, equipment for transportation of fuel to dredge, appliances, appurtenances, equipment, materials, subsistence, and supplies, and bear all expenses incident to the efficient operation of his plant in connection with the work of dredging under the contract. The Contractor shall also bear all direct overhead and collateral expenses incident to the operation, upkeep, and repair of all items of plant. He shall maintain the plant in a good state of repair; shall arrange for a supply of renewal parts to be on hand when needed for the dredge and each item of attendant plant; and shall provide and maintain the crews for each item of plant employed in connection with the work. All pipelines must be kept in good condition at all times, and any pipeline leaks, broken pipeline, and/or broken connections must be promptly and properly repaired. SP.7 Crew a. The Contractor shall furnish and pay all necessary crew and supervisory personnel required for safe and efficient 24 hour operation of the dredge and attendant plant and to handle floating and shore pipeline. If the Contracting Officer determines that staffing levels are such that there is a breach of the contract or a danger, all remedies under the contract are available, including, but not limited to suspension of work and termination for default. Additional crew will be necessary for shore operations at Northwest Tenn. Harbor. b. Crew on the dredge shall be able to perform operations such as clearing pump and suction and adding or removing floating line simultaneously. Each crewmember shall be relieved by qualified personnel on his days off. The Contractor will remove from work under this contract any employee who, in the opinion of the Contracting Officer, is objectionable or incompetent. This requirement shall not be the basis of any claim for compensation or damages against the United States or any of its officers or agents. c. Boat Operators. When operating in a towing status, all boat operators of boats 26 feet or longer shall possess a current operator's license issued by the U.S. Coast Guard. Vessels used at the jobsite for handling pontoon line, moving spill barges, etc., do not require a licensed operator. d. Civil Engineering Technician. The Contractor's Civil Engineering Technician shall be capable of performing all survey work related to this dredging contract, which includes making reconnaissance surveys, preparing dredge layouts, setting gauges, computing yardage, and operating all electronic survey equipment, including the Differential Global Positioning System (DGPS) on the dredge and survey boat.

207

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 12 of 89
W912EQ-08-B-0001 Page 8 of 25

SP.8

OFFICE ACCOMMODATIONS

The Contractor shall provide an office for the dredge inspectors. The office shall be not less than 150 sq ft and shall be properly lighted, ventilated, heated, and cooled. The office shall be sound insulated such that the maximum sound level inside the office will not exceed 85 dB. All costs for office accommodations shall be included in the contract hourly rate. The office shall contain the following: 1 lockable desk 2 chairs 1 3-drawer file cabinet 1 lockable equipment cabinet

A photocopier, capable of making an 8-1/2" X 14" duplex copy on plain paper, and a plain paper fax machine shall be provided on the dredge or floating plant and shall be available for official use by Government inspectors. SP.9 MEALS FOR INSPECTORS

If the Contractor maintains facilities on the dredge or attendant plant for the subsistence of his own employees, he shall furnish meals to Government inspectors assigned to the dredge, and to all Government agents who may visit the dredge on official business. All costs for meals shall be included in the contract hourly rate; no separate payment will be made. SP.10 LAYOUT OF WORK The Contractor shall furnish, operate and maintain a complete Differential Global Positioning System (DGPS) to provide dredge positioning and alignment in the various dredging assignments of this contract. The system shall utilize DGPS equipment in conjunction with the U.S. Coast Guard Radio Beacon DGPS Network, to provide real time positioning using UTM Zone 15 or 16 coordinates. The Contractor will be provided a diskette containing a Hypack file of the dredging cut layout for each individual assignment, containing stationing, baseline information, and coordinates. SP.11 GENERAL SAFETY REQUIREMENTS a. Accident Prevention Program. Refer to Contract Clause entitled "Accident Prevention (Nov 1991)-Alternate I (Nov 1991)". Prior to the prework conference, the Contractor shall prepare an accident prevention plan and submit four copies to the Contracting Officer for review and approval. The program shall include as a minimum the following: (1) An executed LMV Form 358R, Administrative Plan. (2) Executed LMV Form(s) 359R, Activity Hazard Analysis. (3) A job specific safety plan per paragraph 01.A.07 and Appendix A of EM 385-1-1. b. DCA/USACE Dredging Safety Management Plan. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DA/USACE Joint Committee, and holds a valid Certificate of Compliance for both the Contractor Program and the Dredge to be used to perform the work under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP): (1) Make available for review, upon request, the Contractor's current Safety Management System (SMS) documentation, (2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS.

208

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 13 of 89
W912EQ-08-B-0001 Page 9 of 25

(3) Submit the current dredge Certificate of Compliance based on third party audit. (4) Submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation. c. Daily Inspections. The Contractor shall institute a daily inspection program to assure all safety requirements are being met. Daily safety inspections shall be reported on the Contractor's daily Quality Control report. Each report will include, as a minimum, the following: (1) Phase(s) of construction underway during inspection. (2) Locations or areas inspections were made. (3) Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for the report's contents. d. Floating Plant. Floating plant and its operation shall comply with Section 19 of EM385-1-1. e. Emergency Alarms and Signals. General alarm systems shall be installed and maintained in accordance with EM 385-1-1, 19.A.05. f. Machinery and Mechanized Equipment. Machinery and mechanized equipment used under this contract shall comply with Section 16 of EM 385-1-1. When a rubber-tired front-end loader, bulldozer, etc., is operated on floating plant, either a bumper or curb with minimum height of one-third of the outside diameter of the largest tire on the equipment, a barge tied alongside, or other means approved in writing by the Contracting Officer shall be used to prevent equipment from moving or falling into the water. g. Payment. No separate payment will be made for compliance with the safety require-ments and all costs thereof shall be considered incidental to the various bid items of the contract. h. Accident Investigations and Reporting. Refer to EM 385-1-1, paragraph 01.D. Accidents shall be investigated by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his representative within one working day after the accident occurs. SP.12 WORKING IN THE VICINITY OF STRUCTURES AND UTILITY CROSSINGS Where dredging to the required dimensions might endanger any Structure, the Contracting Officer may reduce the required excavation in the vicinity of such structure. The Contractor shall submit for approval by the Contracting Officer, a detailed plan of operation at each pipeline or utility crossing where construction surveys indicate project channel does not exist. The plan shall contain emergency measures to be taken in the event of an accident. The Contractor shall notify the owners of pipelines or utilities at least 3 days prior to operating within l50 feet of a pipeline or utility. The Government will not be responsible for any damage to structures or utilities due to the Contractor's deviation from the approved plan. SP.13 OUTBOARD BOATS All boats less than 26 feet in length shall meet either BIA Standards for minimum flotation and capacity, or the certification requirements of the U.S. Coast Guard. The Contractor shall be required to provide satisfactory evidence of compliance. Such evidence shall be a certification by the boat manufacturer, combined with an inspection, to insure that the boat had not been altered in a manner that reduced the safety features; or sufficient tests that indicate compliance with the BIA Standards. SP.14 FUEL CONSUMPTION REPORTING REQUIREMENTS The Contractor shall furnish to the Government a monthly report of the quantities of fuel consumed in execution of the work of the contract. The quantities reported shall include fuel consumed by the Contractor and all

209

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 14 of 89
W912EQ-08-B-0001 Page 10 of 25

of his subcontractors, for the main plant and all support plant during the preceding month. SP.15 PERFORMANCE EVALUATION OF THE CONTRACTOR At a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. The format for the evaluation will be SF 1420, and the Contractor will be rated outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting offices for their use in determining Contractor responsibility. SP.16 PROJECT AND DAILY PRODUCTION REPORTS The Contractor shall furnish computer-generated LMM-316a (electronic) July 91 daily reports complete. The Contractor shall also furnish a summary report for the total contract, broken down by project, monthly and fiscal year in spreadsheet form. SP.17 CONTINUITY OF WORK No payment will be made for work done in an area until the required depth is secured in the whole area, unless prevented by ledge rock. No payment will be made for dredging performed outside the directed dredging cut layout, except by decision of the Contracting Officer or his representative. SP.18 PAYMENTS - DESIGNATED BILLING OFFICE. a. The unit price or lump sum price or prices stated in the contract will be used in determining the amounts to be paid for work performed by the Contractor. The designated billing office for this contract is as follows: Wade Channell U.S. Army Corps of Engineers, Memphis District Ensley Engineer Yard 2915 Riverport Rd Memphis TN 38125-5026 b. Pay time shall begin on the date and hour of acceptance of the dredge and attendant plant by the Contracting Officer as provided in paragraph SP1. and shall end when the dredge and attendant plant are returned to the Contractor, as provided in paragraph SP1e. Pay time will be calculated to the nearest one-sixtieth (1/60) hour for payment. c. The following will be considered effective time and will be paid for at the applicable contract unit price per hour: (1) Actual time dredging when the dredge is under operation, with the cutterhead moving material, and such material is being passed through the pipeline. (2) Time lost in making such openings in floating discharge pipelines or in swinging to one side of channel and slacking off of the swinging wires as may be necessary for the passage of vessels. The Contractor will be responsible for making such opening upon signal of any vessel or craft desiring to pass. d. All cumulative non-effective hours will be reduced by 30 percent and the reduced cumulative hours paid for at the applicable contract unit price per hour. The following will be considered non-effective time:

210

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 15 of 89
W912EQ-08-B-0001 Page 11 of 25

(1) Actual time lost, but not in excess of eight hours, for each of the following; preparing to move from one job to another, preparing the dredge for pumping upon arrival at a new job. (2) Actual time lost due to moving swing anchors; changing swinging wires to previously prepared pendants; making changes in discharge lines, such as adding pontoons or shore pipe, as may be necessary due to the progress of the work; and actual lost time due to failure of retaining dikes, spillboxes, or outfalls through no fault of the Contractor. In the latter case, the Contractor will be required to furnish all available equipment and personnel to assist in making repairs. (3) Actual time lost due to removal of logs, driftwood, etc., from the pump, pipeline and cutterhead; removal of drift from the pontoon line; washing out pipeline before handling. Actual time lost, but not in excess of eight hours, due to dredge shutdowns authorized by the Contracting Officer for the purpose of replacing the pump impeller with either different diameter impeller or an impeller of different number of vanes than that of the impeller being used. Actual time lost, but not in excess of one hour, due to dredge shutdowns authorized by the Contracting Officer for the purpose of changing dredge cutterhead to cutter-head of a different type. The intent of payment for delays authorized by the Contracting Officer to permit the Contractor to change pump impellers and dredge cutterhead is to obtain the greatest efficiency of operations under changing conditions, such as varying material, length of line, etc. Payment will not be made under this subparagraph for replacing worn-out impellers and/or dredge cutterhead, or cutterhead that have lost their efficiency because of wear. (4) Actual time lost due to inclement weather on an assignment or while en route between assignments. e. When river conditions are such that dredging operations become impractical or uneconomical, as determined by the Contracting Officer, he may place the dredge in an idle standby status by giving 24 hours oral or written notice to the Contractor. When the dredge plant is placed in an idle standby status, the Contractor will cease dredging operations and shall secure the dredge plant in a location approved by the Contracting officer. During the idle standby period, the Contractor shall retain a crew that will enable the dredge plant to be returned to operation within 24 hours of receiving notice to resume dredging. While in an idle standby status, neither the dredge plant nor any attendant plant shall be moved from the standby location without approval from the contracting officer. Idle standby may be directed on more than one occasion, but will not exceed a cumulative total of 504 hours. All idle standby hours shall be reduced by 65 percent and the reduced cumulative standby hours paid for at the contract hourly unit price for dredging. When the Contractor begins preparations to resume operations at the site as directed by the Contracting Officer, the usual pay provisions of the specifications will be applicable. f. Payment will not be made for: (1) Lay time on an assignment or when all necessary equipment is not available or in operating condition at the new assignment. (2) Time lost due to shutdowns for the repair or the replacement of worn out or unserviceable equipment and time lost due to pulling a line together when the joints open up, replacing damaged shore pipe or pontoons, except when shore pipe is damaged by caving bank or pontoons are damaged by drift through no fault or negligence of the Contractor. (3) Time during which the dredge is engaged in removing misplaced material and dredging time lost due to removal of obstructions as required in paragraph SP4. (4) Time during which the dredge is engaged in dredging for others, time being computed from time the dredge shuts down until the dredge is back in position and material is being passed through the pipeline. (5) Time lost due to shutdowns ordered by the Contracting Officer's representative due to nonconformance to Safety and Health Requirements Manual EM 385-1-1 (See Clause entitled "Accident Prevention" of the Contract Clauses) and safety requirements of these specifications. (6) Time lost due to insufficient crew size and the inability to perform efficiently simultaneous dredging operations and on-shore disposal operations as determined by the Contracting Officer or his representative.

211

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 16 of 89
W912EQ-08-B-0001 Page 12 of 25

(7) When the dredge is shut down for any reason or purpose that applies under paragraph 4f(1-6), the ensuing time shall remain under that classification until the cause of the shutdown shall have been removed and no claim shall be allowed for other work performed during that time except if it be the case that the Contracting Officer orders the dredge and attendant plant be moved to a new location. g. Reduction in Payment for Failure to Meet Output Requirements: If the dredging output falls short of that specified in Section 02482, subparagraph 2.1.1, as measured by Section 00800, subparagraph SP6.b, the total dredging hours for that location will be reduced by the percentage that the output falls short of that specified. Payment for dredging operations, which fail to meet the specified minimum output, will be made by multiplying this reduced number of hours by the contract unit price per hour.

212

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 17 of 89
W912EQ-08-B-0001 Page 13 of 25

WAGE DETERMINATIONS ­ AR 080045, KY080050, MS080034 Replace those dated 07/20/2007

General Decision Number: AR080045 02/08/2008 AR45 Superseded General Decision Number: AR20070045 State: Arkansas Construction Type: Heavy Dredging Counties: Arkansas Statewide. DREDGING PROJECTS ALONG THE MISSISSIPPI RIVER AND ITS TRIBUTARIES

Modification Number Publication Date 0 02/08/2008 * SUAR1990-005 02/15/1990 Rates Fringes

Derrick Operator.................$ 5.85 Dozer Operator...................$ 5.85 Dredge 16" and Over Deckhand....................$ 5.85 Dredge tender operator......$ 5.85 Fireman.....................$ 5.85 First assistant engineer....$ 6.06 Leverman....................$ 6.10 Oiler.......................$ 5.85 Second assistant engineer...$ 5.85 Shoreman....................$ 5.85 Third assistant engineer....$ 5.85 Truck driver................$ 5.85 Welder......................$ 5.85 Dredge Under 16" Deckhand....................$ 5.85 Dredge tender operator......$ 5.85 Leverman....................$ 5.85 Oiler.......................$ 5.85 Welder......................$ 5.85 Hydraulic Dredging First cook..................$ 5.85 Handyman....................$ 5.85 Janitor, cabin person.......$ 5.85 Second cook.................$ 5.85

213

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 18 of 89
W912EQ-08-B-0001 Page 14 of 25

Marsh Buggy Dragline, Oiler......$ 6.33 Marsh Buggy Dragline, Operator...$ 6.70 ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request

214

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 19 of 89
W912EQ-08-B-0001 Page 15 of 25

review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.

================================================================ END OF GENERAL DECISION

215

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 20 of 89
W912EQ-08-B-0001 Page 16 of 25

General Decision Number: KY080050 02/08/2008 KY50 Superseded General Decision Number: KY20070052 State: Kentucky Construction Type: Building County: Ohio County in Kentucky. BUILDING CONSTRUCTION PROJECTS (Does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 * SUKY1993-011 08/20/1993 Rates Fringes .65

BRICKLAYER.......................$ 9.20 Carpenter........................$ 6.67 Cement Mason.....................$ 6.48 Drywall Finisher.................$ 5.85 Drywall Hanger...................$ 6.67 Electrician......................$ 10.23 Glazier..........................$ 9.305 Ironworkers:.....................$ 6.00 Laborers: Mason Tender................$ 6.85 Unskilled...................$ 5.85 Painters:........................$ 5.85 Plumber/Pipefitter...............$ 11.68 .515 1.23

.70

1.40

Power Equipment Operator Backhoe.....................$ 9.80 .75 Bulldozer...................$ 6.46 Crane; Derrick; & Dragline..$ 8.35 Tractor.....................$ 5.85 Roofers:.........................$ 9.23 .90

216

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 21 of 89
W912EQ-08-B-0001 Page 17 of 25

Sheet metal worker...............$ 5.85 Tile setter finisher.............$ 8.30 Tile Setter......................$ 9.20 .65

.11

Truck drivers:...................$ 5.85 ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor

217

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 22 of 89
W912EQ-08-B-0001 Page 18 of 25

200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.

================================================================ END OF GENERAL DECISION

218

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 23 of 89
W912EQ-08-B-0001 Page 19 of 25

General Decision Number: MS080034 02/08/2008 MS34 Superseded General Decision Number: MS20070044 State: Mississippi Construction Type: Building County: Neshoba County in Mississippi. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories).

Modification Number Publication Date 0 02/08/2008 * SUMS1990-012 04/04/1990 Rates Fringes

Acoustical Tile Setter...........$ 6.45 Bricklayer.......................$ 7.75 Carpenter........................$ 6.66 Cement Mason.....................$ 6.00 Electrician......................$ 6.20 Ironworker, Structural...........$ 13.50 Laborer..........................$ 5.85 Millwright.......................$ 5.85 Painter, Brush...................$ 6.40 Pipelayer........................$ 6.00 Plumbers and Pipefitters.........$ 6.75 Power equipment operators: Backhoe.....................$ 5.85 Bulldozer...................$ 6.00 Sheet Metal Worker...............$ 5.85 Soft Floor Layer.................$ 6.50 ---------------------------------------------------------------1.59

219

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 24 of 89
W912EQ-08-B-0001 Page 20 of 25

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor

220

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 25 of 89
W912EQ-08-B-0001 Page 21 of 25

200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.

================================================================ END OF GENERAL DECISION

221

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 26 of 89
W912EQ-08-B-0001 Page 22 of 25

SECTION 02482 - DREDGING PART 1 GENERAL 1.1 SCOPE OF DREDGING The work consists of new construction dredging of North West Tennessee Harbor at LMR mile 899 and the maintenance dredging of the following harbors: Hickman, KY; New Madrid, MO; Caruthersville, MO; Osceola, AR; Memphis, TN; Wolf River, TN; Helena, AR; Phillips County, AR; or at any point on the Mississippi River between Cape Girardeau MO (Mile 48 UMR) and Greenville, Mississippi (Mile 537 AHP). The details of North West Tennessee Harbor can be seen on attached drawings. Material dredged from the North West Tennessee Harbor shall be discharged in Disposal A or Disposal B shown on attached drawings. Material dredged from the maintenance harbors shall be discharged into the river or be retained in disposal areas by retaining dikes and boxtype spillways as directed. PART 2 PRODUCTS 2.1 DREDGE 2.1.1 Size of Dredge The dredge shall be not less than 27 inch I.D. discharge. The dredge shall have a minimum manufacturer's horsepower rating for continuous operation as specified in the table below for each respective size of dredge. The yardages in the table are estimates and will be used as the basis to evaluate bids. The dredge inspectors will monitor the actual dredge output, as determined by before and after dredging surveys performed by the Government, against the applicable quantity shown. Failure to maintain that quantity will result in a reduction in payments in accordance with paragraph 00800-SP.18.g, unless the Contracting Officer determines that circumstances beyond the control and without the fault or negligence of the Contractor caused the reduction in output. Dredging performed at Northwest Tenn. Harbor (item 0001 ) will require approximately 8,000 ft of discharge line with 53 ft. of static head. The suction head, head from friction of pipe, elbows and any other factors that effect pump production is not included in the 53 ft. of static head. During all times the dredge will be required to meet the specified minimum output in the table below. Plans with sections showing all elevations, borings and right of ways are provided. It will be the responsibility of the contractor to provide extra horsepower such as booster pump, larger horsepower dredge etc., if needed. If any of the following is needed the price should be included in bid item 0001's hourly rate. The discharge size will be considered to be the minimum diameter of either the pump discharge or discharge line, which-ever is less. Dredges larger than 27 inches will be considered but, the estimate output will be based on quantity shown for 27 inch dredge. Size of Dredge Pump Discharge (I.D.) 27 inches Minimum Continuous BHP Connected to Dredge Pump 3,900 Estimated Minimum Output Per Pumping Hour Cubic Yards 1145

The dredge ladder and spuds shall be of such construction and configuration that the dredge will dig material to a depth of 50 ft below the water surface without exceeding a ladder angle of 45 degrees from horizontal, and will make a 250-ft bottom width cut at a depth of 50 ft without exceeding a swing angle of 45 degrees to either side of the cut centerline. Spuds shall be capable of holding the dredge in place under the dredging conditions above in currents up to 12 ft per second. The dredge shall be capable of starting work and working efficiently at a depth of 12 ft. The draft of the dredge shall not exceed 9 ft. The dredge shall be of such design as to work efficiently and permit passage of other vessels while working in a 250-ft wide channel. A check (flap) valve will be located on the dredge

222

Case 1:08-cv-00282-SGB

Document 10-8

Filed 04/25/2008

Page 27 of 89
W912EQ-08-B-0001 Page 23 of 25

near the discharge side of the pump. A flow meter and density meter shall be located on the dredge on the discharge side of the pump for the purpose of determining velocity and cubic yardage. The suction pipe shall have a device that will degas the dredged material. The sound level in the lever room shall not exceed 90 dB. 2.1.2 Spare Cutters and Impellers The Contractor shall have available for use at all times, a minimum of three interchangeable pump impellers in the sizes that can be accommodated by the pump to permit the dredge to work under varying conditions of length of discharge line and lift. The Contractor shall have available at all times a minimum of two serviceable, basket-type 6 or 7 blade cutterheads. 2.2 ATTENDANT PLANT 2.2.1 General Attendant plant shall include the following as minimum requirements and shall be composed of such fuel barges, tenders, floating discharge pipe, shore pipe, spill barge, derrick or anchor barges, landing barge, water barges, and other attendant or auxiliary plant as may be required for operations under these specifications, wheth