S01 Amendment 1 - ME-20 Question and Answers 8-12-2021.pdf

REQUEST FOR INFORMATION

South Grand Chenier Marsh Creation Project – ME-20, Cameron Parish, Louisiana

August 11, 2021

INFORMATION REQUESTED

1. The contract incorporates FAR 52.219-16 (Jan 1991). The archive on Acquisition.Gov only contains FAR clauses from 1996 and later. The most recent version of FAR 52.219-16 is from January 1999.

Please provide the language from this FAR for the version from January 1991 or amend the contract to include the clause from 1999.

NRCS RESPONSE

Any clause incorporated by reference is available at https://www.acquisition.gov/?q=browsefar. The date in the solicitation for this clause was inadvertently not updated to Jan 1999. The current clause 52.219-16 (Jan 1999) applies.

INFORMATION REQUESTED

2. The Solicitation for Bid contains FAR 52.225-9 Buy American-Construction Material (Feb 2021) and FAR Notice of Buy American Requirement—Construction Materials. (May 2014). It is our understanding that FAR 52.225-9 applies only for contracts valued at less than $7,008,000 and that 52.225-11 applies for contracts in excess of $7,008,000. To ensure contractors properly bid and do not include materials disallowed from this project, please specify which Buy American provision is applicable to this work.

NRCS RESPONSE

The solicitation package will be revised to remove FAR clauses 52.225-9 and 52.225-10, and replace with 52.225-11 and 52.225-12.

INFORMATION REQUESTED

3. Please include the following provision: “Contractor will not be responsible for any pre-existing materials containing substances classified as hazardous, potentially hazardous, infectious, toxic or dangerous under applicable law, and such materials will be disposed of in strict compliance with all regulations as directed by the Contracting Officer. Contractor is responsible for hazardous materials brought to the Project site and/or generated by the Contractor.”

NRCS RESPONSE

NRCS does not believe any of these conditions exist on this site based on the investigations that it has completed. Any occurrences of this would fall under FAR 52.236-2 Differing Site Conditions (Apr 1984) and would be addressed accordingly.

4. Special Provision 7.j. appears to place liability for damage to all pipelines known or otherwise on contractors. Please confirm that Contractor is solely responsible for damage to known utilities and will not be responsible for damage to utilities not shown on the plans and specifications or identified by the Louisiana One Call utility locator service.

NRCS RESPONSE

The Contractor must comply with LA One Call (Special Provisions Item 7.) and conduct a magnetometer survey (Construction Specification 7 Item 9.A.3)). The liability referenced in the question relates to any and all pipelines identified under those requirements. Any unknown pipeline https://www.acquisition.gov/?q=browsefar

Marsh Creation Project – ME-20, (after following these requirements) would fall under FAR 52.236-2 Differing Site Conditions (Apr 1984) and would be addressed accordingly.

5. Unlike land-based construction, completed dredging activities are subject to natural forces that are entirely outside the control of the Contractor.

5a. To clarify the intent of the warranty, please include the following warranty provision: “Upon Contractor’s advising the Contracting Officer that the dredging has been completed, the Contracting Officer or his/her designee shall inspect the Work and, if acceptable, shall advise Contractor of the government’s acceptance thereof.”

NRCS RESPONSE

Inspection and Acceptance will be in accordance with FAR 52.246-12 Paragraph (i) of this clause states that “Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.”

5b. In order to reduce contingencies in bids, can the Owner please confirm that Line Item 3 Excavation, Marsh Creation Fill and Line Item 5 Earthfill, Containment Dikes are not subject to any warranty or guarantee following final completion and acceptance?

NRCS RESPONSE

No warranties are required after final completion and acceptance.

6. Section 8) Volume pertaining to Bid Item 3 states, “These volumes are a pre-determined cut quantity to be removed from the MCBA and placed in each MCA. The Contractor will be required to dredge the specified volume of marsh creation fill material into the corresponding MCA.”

How will the situation be handled, in the event that the maximum elevation is achieved within a given MCA prior to removing the specified quantity from the borrow area?

NRCS RESPONSE

The answer depends on what is meant by “maximum elevation is achieved”. If it is the slurry elevation then the site may be allowed to dewater prior to commencing dredging, if it is the fill elevation then the CO may cease dredging operations in that cell and issue a modification accordingly.

INFORMATION REQUESTED

7. Section 7) Material Management pertaining to Bid Item 3 states, “If the Contractor is not allowing sufficient time for the MCA to dewater for the sediment to settle out of suspension, the COR may periodically require the Contractor to cease marsh creation fill operations to allow the MCA to dewater or for the sediment to settle out of suspension. All costs incurred by the Contractor for

Marsh Creation Project – ME-20, ceasing operations for the purpose of allowing sediment to settle out shall be absorbed by the Contractor with no additional cost to the Government.”

Will the Contractor be allowed to alternate between Marsh Creation Areas for dredging disposal as necessary to allow time for dewatering and settlement?

Yes.

8. Section 7) Material Management pertaining to Bid Item 3 states, “One foot (1’) of freeboard shall be applied only between the water surface inside the unconfined MCA’s and the top elevation of the Price Lake Unit Levee.” The Plans show a maximum slurry elevation for the unconfined MCAs of +3.0’.

Can the Owner confirm that the top elevation of the Price Lake Unit Levee is +4.0’ or greater in the vicinity of the unconfined MCAs?

NRCS RESPONSE

Cross sections showing the top of Price Lake Unit Levee are shown on page 5 of 36 in the drawings.

INFORMATION REQUESTED

9. Can the Owner please provide a Plan sheet detailing what is required for Subsidiary Item – Excavation – Breached Plug near Price Lake Unit Levee?

NRCS RESPONSE

The requirement for the breached plug are provided in Construction Specification 21 Item 10.B. The plug shall be built to an elevation of +3.5’ NAVD 88 with side slopes and top widths that match natural grade. Section #1 on page 5 of 36 of the drawings shows a cross section of the borrow pit adjacent to where the plug is planned.

INFORMATION REQUESTED

10. The provided elevation data for the confined MCAs is over 13 years old. Can the Owner please provide updated survey data for these areas?

NRCS RESPONSE

A survey was completed in October 2020 to verify the accuracy of the surveys shown in the drawings and was determined to be acceptable.

INFORMATION REQUESTED

11. If Line Item 7 is awarded is there any order of work dictating the timing of installation of the ACB mats?

NRCS RESPONSE

The specifications do not have any requirements for timing, however the intent to is to place the mats as soon as earthwork is ready and approved so that the earthwork is protected.

Marsh Creation Project – ME-20,

12. The solicitation package states that award will be based on the lowest cost, technically acceptable offer. Will the optional item, Line Item 7, be included in the evaluation of cost?

NRCS RESPONSE

Yes

INFORMATION REQUESTED

13. Under Bid Item 3 – Marsh Creation Fill Section 3 states: “Before excavation operations can commence for a given MCA, the Contractor shall have on-site and in place the required length of dredge pipeline required to reach that MCA’s discharge point that is farthest from the borrow area.”

Would the Owner please consider removing this requirement?

NRCS RESPONSE

Yes….this requirement will be removed. Construction Specification 423 will be amended to change this from a requirement to a recommendation.

INFORMATION REQUESTED

14. Note 2 on Plan Sheet 27 states, “See Specifications for slope and buffer requirements.” Are there any slope or buffer requirements for the MCBA, other than those necessary to avoid disturbing the water bottom outside of the MCBA limits?

NRCS RESPONSE

No, there are no other requirements.

INFORMATION REQUESTED

15. Sheet 35 and 36 of the Plans provide Borrow Area Soil Logs with a note stating: “Additional information from geotechnical investigations may be made available upon request.”

We are requesting complete, detailed boring logs for the borrow area, similar to what was provided for the marsh creation areas, so the Dredging Contractors will be able to determine how the material will pump. Please provide all known liquid limits, plastic limits, and blow counts.

The complete geotechnical report has been provided as a part of this amendment.

16. Please confirm that dredging and fill operations in support of dredging are allowed to work 24/7, but dike construction and other pre-dredging construction is only allowed to operate from sunrise to sunset.

Yes, confirmed and changed in the solicitation package – page 11

Marsh Creation Project – ME-20,

17. Construction Specification 423-5 – Marsh Creation, 8. Items of work and construction details, A.

Bid Item 3 – Marsh Creation Fill, 7) Material Management, v. states:

“If the Contractor is not allowing sufficient time for the MCA to dewater for the sediment to settle out of suspension, the COR may periodically require the Contractor to cease marsh creation fill operations to allow the MCA to dewater or for the sediment to settle out of suspension. All costs incurred by the Contractor for ceasing operations for the purpose of allowing sediment to settle out shall be absorbed by the Contractor with no additional cost to the Government.” The Contractor cannot provide pricing on a scope of work that is not in their control, but in the discretion of the COR.

17a. Will the owner properly define the parameters that would direct the COR to cease fill operations to allow the MCA to dewater?

NRCS RESPONSE

The intent of this specification is to allow sediment to drop out of suspension prior to water leaving the MCA. It is acknowledged that some material will be lost however this should be kept to a minimum.

The water leaving the MCA should be relatively clear/transparent before leaving the MCA. The COR may cease operations if extremely cloudy material is observed leaving the MCA or sediment starts to form a “delta” or excessively accumulate at the outlet of the dewatering structure.

17b. If the parameters are outside of standard dredging operation, will the owner provide a standby unit rate to cover the cease of operation direction by the COR?

NRCS RESPONSE

No. The Contractor may dredge material into other cells, move discharge pipeline outlet to another area within the MCA, or change the dredging operation in order to mitigate costs.

INFORMATION REQUESTED

18. Is the Contractor required to excavate the borrow area to -38.5’ NAVD88?

NRCS RESPONSE

No

INFORMATION REQUESTED

19. Will the 3.0’ of over-excavation tolerance be paid for?

NRCS RESPONSE

No

INFORMATION REQUESTED

20. Is the Contractor allowed to disturb material below the 3.0’ over-excavation tolerance?

NRCS RESPONSE

No. The pay limit as defined by Construction Specification 423 is -38.5’ NAVD 88.

INFORMATION REQUESTED

21. On drawing LA368-23 TYPICAL SECTION – CONTINMENT DIKE, there is a note that reads “15 ft Protective Buffer (No equipment). Does this mean that all equipment must stay 15ft from the inside toe of the ECD and only be on the 23ft “shelf” between the ECD and the borrow area?

Marsh Creation Project – ME-20, Yes

INFORMATION REQUESTED

22. Are there any restrictions, such as bird nesting seasons, that restrict when work on the beach, marshes or dredging area can be performed?

The only requirements for birds are listed in Special Provisions Item 19.a.

23. Will material dredged from within the 3.0 ft “over-excavation” tolerance still be paid for at the contract unit price?

NRCS RESPONSE

No. The pay limit as defined by Construction Specification 423 is -38.5’ NAVD 88.

INFORMATION REQUESTED

24. Is there an Engineer’s estimate/budget for the project and what is the amount?

NRCS RESPONSE

Yes. The amount cannot be disclosed.

INFORMATION REQUESTED

25. The solicitation package states, “The maximum workweek that will be approved is 12 hours per day, 6 days per week, Monday through Saturday.” However, the Specifications state that the Contractor will be allowed to perform marsh creation fill operations 24 hours a day, 7 days a week.

Can the Owner please clarify if there are any restrictions on the days and hours that dredging and marsh fill operations may be performed?

NRCS RESPONSE

See Response 16.

INFORMATION REQUESTED

26. The solicitation package states, “The Contractor shall not perform work on the following holidays except in the case of emergency as permitted elsewhere in this contract: Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's Day” Can the Owner please specify what features of work, if any, are permitted on the above mentioned holidays?

NRCS RESPONSE

As stated on page 11 of the solicitation package, no work will be performed work on these holidays except in the case of emergency as permitted elsewhere in this contract. Requests to work on any holidays as listed must be provided at least 5 days in advance for approval.

Marsh Creation Project – ME-20,

27. Bid Item 5 - Earthen Containment Dikes Section 1 states, “The Contractor will be allowed to perform excavation for ECDs…from sunrise to sunset, 7 days per week.” While placing dredge material in the MCAs, will the Contractor be permitted to perform any necessary maintenance on the ECDs during nighttime hours?

NRCS RESPONSE

Yes, maintenance will be allowed however construction will not be. Construction Specification 421 allows the Contractor to maintain at least 1 ft of freeboard above water/slurry surface level during all marsh creation fill operations.

28. When is the anticipated Award date for this Project?

NRCS RESPONSE

Before September 30, 2021

INFORMATION REQUESTED

29. When is the anticipated NTP date for this Project?

NRCS RESPONSE

When all necessary submittals and contract documents have been submitted and approved.

INFORMATION REQUESTED

30. Section 19 of the Special Provisions states, “The contractor will be required to monitor for these as stated in the attached Migratory Bird Abatement Plan for Shorebirds." The Abatement Plan is not attached. Can the Owner please provide the referenced document?

Special Provisions Item 19.a. and subsections are the requirements for the plan.