1. LaBranche Marsh Creation Project (PO-75) - Questions & Responses.pdf

LaBranche Marsh Creation Project (PO-75) Contract # 12FPC323R0001

Contractors’ Questions and NRCS Responses January 2023

1. Could USDA please provide the complete Geotechnical Investigation and Analysis Report as mentioned in Construction Specification 421 paragraph 10/A/1/vii?

The “Geotechnical Investigation and Analysis” reports will be posted along with this amendment.

2. The Project Plans show the ECD with 3:1 side slopes while the Construction Specification 421 paragraph 10/A/6)/ii states that the side slopes are 4:1. Which is correct?

All Earthen Containment Dikes (ECD) are to be constructed with 3H:1V side slopes with the exception that the ECD in Marsh Creation Area (MCA) #3 shall be built with 4H:1V side slope from station 12+50 to 15+80.

3. Would USDA consider reducing the 25% retainage for payment of Earthen Containment Dike as explained in Project Specifications 421-5 Final Measurement and Payment and instead only requiring the typical 5% retainage? Nearly all dredge contractors subcontract the ECD Construction on these dredging projects, which is the first phase of construction but per these requirements are one of the last work items to be paid. These subcontractors should not have to bear the financial burden of waiting until Bid Item 3, Marsh Creation Fill has been completed, sold, and the prime contractor has been paid before receiving payment for this large sum of money.

The payment provisions of Bid Item 6 – Earthen Containment Dike, section A (11), Final Measurement and Payment, shall be as described.

4. The Project Specifications Section 421-5, Earthen Containment Dike Final Measurement and Payment section lists that acceptance and partial payment will be made for segments of ECD constructed at a minimum of 2500 linear foot reaches. The work required within each section of ECD prior to acceptance includes clearing, multiple lifts of ECD construction, final dressing pass, and as-built surveys. Due to the quality of material observed throughout this project, the ECD will need to be constructed in multiple lifts (Project Specifications section 421-3 “Lift” states that Geoengineers recommends the ECD be constructed in a minimum of two lifts) which will require a substantial amount of time to complete 2500 foot reaches. Will USDA consider removing this requirement?

The payment provisions of Bid Item 6 – Earthen Containment Dike, section A (11), Final Measurement and Payment, shall be as described.

5. Would USDA consider making progress payments for the first lift of Earthen Containment Dike construction? Timely payments reduce contractors costs which ultimately save USDA money.

The payment provisions of Bid Item 6 – Earthen Containment Dike, section A (11), Final Measurement and Payment, shall be as described. Payment will only be made for ECD constructed to the neat lines and grades as shown on the construction drawings or described in the construction specification with clarifications as noted in the answer to question #2 above.

6. During the site visit it was observed that there is a significant amount of stumps within MCA 1 and 2. Will the Contractor be required to remove stumps from within the tidal creeks and tidal ponds footprint or can they be left in place? If they shall be removed, could USDA provide detailed direction on what to do with these stumps?

Please refer to Bid Item 5, Excavation for Tidal Creeks and Tidal Ponds, section A (4), Disposal Classification, which states, in part, “… all excavated material shall be placed in the marsh creation areas as shown on the drawings. In the event woody debris is discovered during excavation, the woody debris may be disposed of in the marsh creation cells provided it is completely covered by the marsh creation fill material. Otherwise, any woody material shall be removed and disposed of offsite.”

7. Can USDA provide further clarification in regards to the Clearing requirements within the footprint of the Earthen Containment Dikes? Is the Contractor required to remove any and all visible woody materials from the ECD footprint?

Yes, all woody debris shall be removed to as near the ground surface as conventional tools or field conditions permit (See CS-1 sections 2, 8.A.1)i., and 8.A.2)i.).

8. During the pre-bid site visit it was stated by USDA representative that the Lower Guide Levee Road has a load restriction of 72,000 pounds. We have attempted to obtain approval to utilize this road to haul marsh buggies on several occasions, including emergencies (i.e. severe storms, hurricanes, etc.), all of which have been denied. All digging size amphibious excavators far exceed this weight limit. Can USDA provide an alternative access route to the MCA 1 and 2?

From Discussions with the USACE the require loading reference is HS20 loading which is similar to DOTD requirement, if the contractor can safely transport the marsh buggy on roads and bridges then USACE doesn’t need stability analysis.

9. During the pre-bid site visit, site investigations determined that along the ECD centerline on MCA 3 at approximately Station 130+00 where the EAC intersects the ECD the water depth was 8’ or more (8’ probing rod did not reach mudline). With the combination of poor material quality, tidal currents, and deep water conditions it would be impossible to construct the Earthen Containment Dike in this section. Would USDA consider alternative means in constructing the closure in this portion of ECD?

The ECD centerline profile, as shown on sheet 15 of 37, indicates that water bottom depths do not exceed -2.0 between stations 100+00 and 150+00. However, NRCS will investigate the site conditions at the location described above and decide of the best course of action. The contractor should, however, submit their proposal based on the information contained within the drawings and specifications.

10. There is a boat gate near I-10 along the airboat access route into MCA 3 which is too narrow too accommodate the size boats required to support this work. Will the Contractor be permitted to replace the existing gate with a wider gate?

Please refer to Special Provision, section 15, “Restoration of Site and Repair of Damages.” Any modifications to existing infrastructure shall be agreed upon between the contractor and the property owner. Any such agreement shall be in writing with a copy forwarded to NRCS.

11. The design requires the use of Geotextile Fabric within the Earthen Containment Dike of MCA 3 at Stations 12+50 to 15+80 at elevation +1.00” NAVD88.

We recently completed a CPRA project which required this same geotextile fabric requirement and during construction experienced multiple failures. Due to the fabric introducing a non-cohesive slip surface within the saturated marsh soils, several hundred feet of the fabric with completed dike on top failed and sloughed into the adjacent berm. Due to this failure, a change order had to be executed to replace this method with an alternative method. While this method seems effective in theory, it has been found to experience issues in practice. Would USDA consider removing the geotextile fabric requirement or provide alternative means?

The use of geotextile within the reach described above was recommended by the geotechnical contractor and will remain as part of the requirement.

12. Additionally, it was observed during the site visit that the water depth along this section of ECD is approximately 4-5’ deep which in addition to tidal currents will greatly hinder the ability to construct Earthen Containment Dike. Alternative means may be necessary to achieve closure in this section.

Noted

13. The Project Specifications section 21-6, Excavation for Tidal Creeks and Tidal Ponds, Measurement and Payment states that “45% of the lump sum is eligible for payment upon approval of the as-built surveys for all tidal creeks and ponds in Cell 1. 5% of the lump sum is eligible for payment upon approval of the as-built surveys for all tidal creeks and ponds in Cell 2.

50% of the lump sum is eligible for payment upon approval of the as-built upon approval of the as-built surveys for all tidal creeks and ponds in Cell 3. Payments will not be split per cell.” Due to the substantially large work load of the tidal creeks and ponds throughout each of the three cells, would USDA consider breaking the tidal creeks and ponds into unit prices? The manner in which the payments are to be made according to this Specification will create a significant financial burden on the Contractor due to large amount of time required to construct the work within each cell CS-21 has been amended with Amendment #3. The Measurement and Payment section has been changed to say: “Measurement and Payment, Section 9 in this specification, No Method shall apply. Payment for the tidal creeks will be on a linear foot basis under Bid Item 5, Excavation, Tidal Creeks and shall be eligible for payment upon approval of the as-built surveys.

Payment for the tidal ponds will be on a per pond basis (each) under Bid Item 5A, Excavation, Tidal Ponds and shall be eligible for payment upon approval of the as-built surveys. Payment shall be made at the contract unit price. Such payment will constitute full compensation for all labor, materials, equipment, and all other items necessary and incidental to the completion of work. All tidal creeks within a cell must be complete prior to being eligible for payment. Tidal ponds can be paid on an individual basis.”

The bid schedule has also been amended to reflect the addition of Bid Item 5A – Excavation, Tidal Ponds.

14. what Method will you require for surveying Method 1, 2 or 3.

Contractor construction Surveys shall be by Method 2 as describe under Bid Item 2 – Construction Surveys, section 2)iii, under Contractor Surveys – General.

15. Is the original dock/slip going to be available for the project, as it is 3.5 miles closer to the site than the other launch?

The Bonnet Carre Spillway boat launch can be used to access the project area north of I-10.

16. Will 2 dredges be allowed to perform the job concurrently?

There is no restriction in the specification on the number of dredges that can be used at the same time. However, to monitor the amount of dredge fill allocated to each Marsh Creation Area (MCA) each dredge would have to work in separate sections of the MCBA and pump into different MCAs. The QC reports should track quantities per MCA. The dredges shall be far enough apart so that the MCBA bathymetric surveys can distinguish which “cuts” went into each

MCA.

17. MCBA – Bathymetric Surveys. Is there a cutoff date each month for progress payments, especially in regards to COR request for progress quantities be submitted 7 days prior to requesting payment? Would there be consideration in lowering the 7-day time period if progress surveys are not available outside of that timeframe?

There is no specific monthly cutoff date for MCBA bathymetric progress surveys. Progress surveys are to be conducted 28 to 35 days once marsh creation fill operations begin. A 7-day notification period is required in the event NRCS needs to conduct its own bathymetric survey to compare and/or confirm dredge quantities.

18. Would there be any consideration for temporary reduction dredge pipe splitting in the case of heavy amounts of shell is encountered that may cause plugs in the pipe? Temporary reduction dredge pipe splitting may be considered along with other remedies if shell is encountered during pumping operations.

19. Due to the complexity of the marsh creation site construction and the logistical challenges, a bid extension would allow the Contractors to provide more competitive pricing and more comprehensive proposal packages. Will USDA consider extending the bid date?

The proposal due date is being extended to February 17, 2023.

20. In reference to the casing required to be installed through the railroad bridge, piles will need to be driven on either side of the railroad bridge to guide the casing through and secure the casing from moving once in place. The piles require heavy equipment to drive them to sufficient depths. The Plans do not provide equipment access to the North side of the railroad bridge.

Amphibious excavators will not fit under the Interstate-10 bridge at that location. Would USDA please provide equipment access to that location on the North side of the railroad bridge?USDA does not have any agreements to allow equipment access to the north side of the railroad bridge. The Contractor has the option to work with private landowners, utility companies, and/ or the railroad in order to obtain other access points. The Contract will be required to submit any property agreements to the Contracting Officer according to CS-8 section 4.A.4).

21. Will the Owner please provide the Bayou LaBranche Scenic River Permit #1178?

The permit will be included in this Amendment.

22. “Construction Specification 96 – Field Office” states that the approximate location of the field office shall be as shown on the drawings. However, it also states that the Contractor is responsible for providing a secure field office location in the project vicinity that provides access to the project site within 30 minutes. There does not appear to be a field office location shown on the Plans. Will the Owner please confirm that there is not a designated location for the field office and that the Contractor is responsible for securing a location within 30 minutes of the job site?There is no designated field office location. The contractor is responsible for securing a location within 30 minutes of the job site.

23. There appears to be a typo on the quantity on the Bid Schedule for L.I. 6 Earthfill, Containment Dikes. Will the Owner please revise the bid schedule and issue an amendment with the correct quantity?

The quantity was correct with Amendment 002.

24. “Construction Specification 423 – Marsh Creation” states that the discharge pipe must be split within a cell in order to reduce output velocities. Will the Owner please consider removing this requirement to allow the Contractor to manage the discharge by his own means and methods?The requirement for a splitter to be used shall remain in place.

25. “Construction Specification 421 – Earthen Containment Dike for Marsh Creation” states that the Contractor shall be legally and financially responsible for any penalties, fines, mitigation requirements, etc. resulting from an overtopping or failure event of the earthen containment dikes.

Will the Owner please elaborate on what fines and penalties the Contractor would incur in such an event Fines, penalties, and/or mitigation requirements may be determined or assessed by environmental regulatory agencies.

26. Special Provisions 4 states that a suspension of work may be issued in the event of the Bonnet Carre Spillway being operational. Will the Contractor be granted a time extension in the event that work is suspended under these circumstances?

See FAR 52-242-14, Suspension of Work clause for details.

27. Can the Owner confirm that bird monitoring may be performed by Contractor personnel and that a biologist is only required to perform daily surveys if nesting activity is observed?

The contractor's personnel can monitor for bird nesting activities. If nesting activities are observed, the contractor shall follow the abatement plan which requires the use of a qualified biologist.

28. “Construction Specification 8 – Mobilization and Demobilization” states that payment will not be made under this item for the purchase costs of materials having a residual value, the purchase costs of materials to be incorporated in the project, or the purchase costs of operating supplies.

Will the Owner please consider removing this provision to allow the Contractor to recuperate costs for supplies and materials needed specifically in the execution of this contract?

No payments will be made under this line item for the items listed above.

29. The draft design documents for this project referenced the use of sheet piles for some of the containment features in deep water. Will the Owner please confirm that there is no requirement for sheet piles under this Contract and that the geotextile is the intended method of reinforcement for the containment?

There is no requirement for sheet piles under this contract.

30. The borrow area boring logs provided in the Plans appear to have some laboratory data that is illegible, particularly on BHBA-1. Will the Owner please provide higher resolution boring logs?The geotechnical report will be posted with this amendment.

31. What is the date of the borrow area contours and profile survey shown in the Plans?

The MCBA contours were derived from a topographic survey conducted in September 2010. The profiles were derived from a transect survey also conducted in September 2010. The transects were re-surveyed in 2013, 2017 and again in 2022 to ‘ground truth” the original surveys and were found to have changed insignificantly.

32. Can the Owner please confirm that tidal creeks and ponds are to be excavated pre-fill while marsh buggy tracks will be constructed post-fill?

This is correct.

33. What is the deadline for submission of questions pertaining to this solicitation?

January 25th, 2023-addressed with Amendment 002.

34. If a suspension of work is needed due to the Bonnet Carre Spillway being operational will the Contractor be granted an equitable adjustment for any resulting demobilization and remobilization required?

FAR 52-242-14, Suspension of Work would govern and provide guidance on how this will be addressed

35. Is the Contractor allowed to dredge the Borrow Area cells in the order and manner of their choosing?

Yes

36. Is there any obligation to exhaust a borrow area cell before switching to the next cell?

No

37. Can you please provide contact information for the Owner of the overhead powerline directly North of the borrow area?

The UDSA does not have this information.

38. Is there a licensed surveyor needed for the surveys?

Yes, there are requirements for licensed surveyors for portions of the work performed under CS-7, Construction Surveys.

39. The proposed dike changes, are these foreseen as possible problem areas?

Minor adjustments to the ECD centerline alignment may be needed to account for shoreline erosion that has occurred since the original survey.

40. Can the contractor be paid before the MCA dikes are complete? One contractor says they will propose every 500’.

The payment provisions of Bid Item 6 – Earthen Containment Dike, section A (11), Final Measurement and Payment, shall be as described. Payment will only be made for ECD constructed to the neat lines and grades as shown on the construction drawings or described in the construction specification with clarifications as noted in the answer to question #2 above.

41. Are we (NRCS) considering other means and methods if geotextile doesn’t work, i.e., material slides off geotextile?

No, not at this time.

42. Will there be a way to release the 25% hold back requirement for the containment dikes?

See response to question #40.

43. What will be the acceptance for the dredging portion of the contract?

See Bid Item 3 – Marsh Creation Fill, section 11, Tolerances and Acceptance.

44. Will the contractor have to finish dredging a whole cell before moving onto the next cell?

No, the entire MCBA cell does not have to be finished.

45. Can the contractor use a single point discharge if the volume is three times what their pump discharge size is?

No, see the requirements in CS-423 section 8.A.4).

46. Are the tidal ponds dug before the fill and wouldn’t the fill just fill up the ponds?

Yes, the tidal ponds shall be excavated prior to dredge fill operations.

47. Do all stumps within the footprint of the ECD need to be removed?

See response to question #7.

48. What kind of splitter is needed and what is the purpose of it?

The splitter type will depend on the discharge pipeline material. The purpose is to split one main discharge line into 2 (or more) discharge lines of the same diameter in order to reduce the velocity.

49. Concerning the realignment of some of the dikes, would we be constructing the dikes on land or water?

Any realignment of the ECDs will not be from marsh to open water, but more likely from water to marsh or closer to the edge of the marsh. The intent is to make the MCA perimeter tie into the existing surroundings.

50. Who owns the utility lines in the lake north of the borrow area?

The USDA does not have this information.

51. Is there a minimal distance between the splitters?

No.

52. Is there a limit in the number of dewatering structures?

No. The number of dewatering structures required to dewater each MCA shall be provided by the contractor in their work plan.

53. What type of pipe casing is needed at railroad crossing?

The railroad has not informed the USDA of a material requirement for the casing, only that the casing shall have sealed joints and encase the discharge pipeline to prevent leakage under the railroad bridge. The Contractor shall work out all other details with the railroad company when obtaining the necessary permits.

54. The plans states that "magnetometer surveys can be provided upon request". Please provide available magnetometer data.

The magnetometer survey will be included with this amendment.

55. Please provide the complete geotechnical report for the Borrow Area.

The geotechnical report will be included with this amendment.

56. Are there any soils studies on the marsh? If so, please provide full geotechnical report for the Marsh Disposals.

The geotechnical report will be included in the amendment. This includes all soil studies obtained by USDA.

57. Please provide the xyz data for the borrow and marsh surveys.

This will be provided to the Contractor awarded the project upon request.

58. The specifications require the tidal ponds and tidal creeks to the dug prior to the fill of the marsh. Once the Contractor starts to fill, these areas will be filled back up. Please clarity if the Contractor will be required to dig the areas again after the fill?

See answer to question # 46.

59. Is there an order of work for the Marsh fill / Borrow?

No.

60. In the borrow area, is the Contractor required to deplete each cell before moving to the next area?

No.

61. Will the Contractor be allowed to start fill activities on a marsh with a completed dike while the dikes for the other marshes are in the process of completion?

Yes.

62. Will there be the use of settlement plates on the marsh disposal?

No.

63. Please clarify how the marshes will be accepted. Will there be a settlement waiting period prior to acceptance? If so, please provide any settlement studies available.

See Bid Item 3 – Marsh Creation Fill, section 11, Tolerances and Acceptance and CS-7, Construction Surveys, section 12(iii), Contractor Surveys – Marsh Creation Area Surveys, As-built survey.

64. The specifications state that a dredging with a discharge larger than 18” requires a minimum of 3 discharge points. Would the use of an equivalent larger discharge exit be approved to replace the 3 discharge points?

The Contractor can propose alternate methods in writing to the Contracting Officer for approval.

The contractor should, however, submit their proposal based on the information contained within the drawings and specifications

65. During the site visit, it was observed that a gate exists adjacent to the railroad in the location of the proposed discharge pipeline crossing. Will the removal of this structure be allowed? Will the Contractor be responsible for the removal and re-installation of the structure?

The water control structure shall not be removed. Refer to Special Provision section 5, Access Restrictions and Permit Requirement pertaining to “Existing Water Control Structure

66. Section F – DELIVERIES OR PERFORMANCE lists 5 specific holidays that the Contractor shall not perform work. Please clarify if the Contractor shall be allowed to work 24/7 during all holidays.

Please refer to page 9, paragraphs “Maximum Workweek – Construction Schedule” and “Work Performance on Holidays”.

67. AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution requires to “minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.)” Please provide specific turbidity monitoring and control requirements in the borrow areas.

The USDA does not know of any specific requirements other than following the Contractor’s approved SWPPP plan that is referenced in CS-5 Pollution Control.

68. Regarding clauses 52.222-11 Subcontracts & 52.222-23 Notice for Affirmative Action. Please clarify that this reporting will only apply for subcontractors performing construction on the project.

Please go to www.acquisition.gov to read clause 52.222-11 and on page 30, clause 52.252-2 – has the website listed. Please read the clause 52.222-23, starts on page 44 and continued on page 45.

69. Construction Specification 8 – Mobilization and Demobilization states that “Payment will be made as the work proceeds, after presentation of paid invoices or documentation of direct costs by the Contractor showing specific mobilization and demobilization costs and supporting evidence of the charges of suppliers, Subcontractors, and others.” We respectfully request for the payment associated to the mobilization and demobilization be changed to percentage based. This would mean that the Contractor would get paid a percentage of the Lump Sum when mobilization is finalized and the remainder at the completion of demobilization.

The payment provision for CS-8 will be as stated in the specifications.

70. See paragraph 9. Protection of Pipelines and Underground Utilities starting on page 7, subparagraphs “l” and “m.”

a. In subparagraph “I” states that the Contractor is liable for any expense, loss, or damage to any pipeline of kind or nature due to the presence of his/her equipment/operations in the vicinity of the pipeline. Is it the intent of this language to hold the Contractor liable for any damage to pipelines that have occurred, at no fault of the Contractor, due to the fact that the Contractor has equipment/operations in the area?

If the Contractor is following the agreement with the pipeline company (see SP section 9.b.) and within the requirements of this contract, then the Contractor is not liable. If the Contractor is working outside of that agreement or the requirements of this contract, then then they may be held liable.

b. In subparagraph “m” – Is it the intent of this paragraph to shield pipeline companies from liability if a pipeline fails at the fault of the pipeline company, or if insufficient information is provided regarding location and condition of the pipeline, causing damage to the Contractor’s equipment, impacting operations, and risking the health and safety of the Contractor’s personnel?

See response for question 70(a) above for NRCS’ response.

71. Can more than one dredge displace into the same cell if the flow is manageable?

No, see response to question #16.

72. It was stated at the site visit that the Contractor is required to exhaust one borrow area cell before moving to the next. However, this requirement is not established in the Contract documents.

This is not a requirement of the contract.

a. Will the Owner please clarify if the intent is for the Contractor to exhaust a cell before moving to the next?

This is not a requirement of the contract.

b. If so, please define what is meant by exhaust? At a minimum, the Contractor will need to establish a horizontal buffer inside the borrow area cells to avoid spudding and anchoring outside of the borrow area footprint and near the existing pipelines.

N/A.

c. In order to provide the best value to the Owner, please consider allowing the Contractor to choose the means and methods (i.e. target a depth above -20’) by which to dredge the available material within the limits of the borrow area.

N/A.

73. Special Provision 9 states, “The Contractor shall be liable for any expense, loss, or damage to any pipeline of any kind or nature due to the presence his/her equipment/operations in the vicinity of the pipeline, including without limitation to coating repair, pipe replacement, operational downtime or product loss that the pipeline company must sustain arising out of or resulting from the operations or activities of the Contractor, its agents, or employees during construction of any project feature.” Please confirm that Contractor is solely responsible for damage to known utilities and/or pipelines and will not be responsible for damage to utilities and/or pipelines not shown on the plans and specifications or identified by the pre-construction magnetometer survey and Louisiana One Call.

See response for question 70(a) above for NRCS’ response.

74. Is the Contractor permitted to lay submerged line over the pipelines transecting the pipeline corridor and borrow area?

The contractor is responsible for contacting pipeline companies to schedule a pre-work meeting to discuss all aspects of the planned activities as noted in the Special Provisions.

75. Measurement and payment for tidal creeks and ponds states that 45% of the lump sum is eligible for payment upon acceptance of the creeks and ponds in Cell 1 and 5% of the lump sum is eligible for payment upon acceptance of the creeks and ponds in Cell 2.

See answer to question #13

76. Construction Specification 421 states that Earthen Containment Dike side slopes shall have 4:1 (H:V) side slopes, but the Plans show 3:1 side slopes. Please clarify what the design side slope is for the Earthen Containment Dikes.

See answer to question #2.

77. Can the Owner please confirm that the vertical datum for the borrow area contours shown on the Plans is NAVD88?

The MCBA contours were derived from topographic surveys using NAVD88 datum.

78. Please provide a copy of Department of the Army permits No. MVN-2012-1081-EPP and No.

MVN-2012-1081-2-EPP.

The permit will be Issued with this amendment.

79. Construction Specification 423 states that if the Contractor is not allowing sufficient time for the MCA to dewater for the material to settle out of suspension, the COR may require the Contractor to temporarily cease marsh fill operations. Can the Owner please define how this will be measured?

The determination of insufficient settling of suspended material within the MCA will be made by considering contractor production rates, MCA staff gauge surveys, and observation of effluent from the de-watering structures for excessive fines.

80. Please identify the contract language that provides Contractor with an extension of Contract Time for delays caused by force majeure events. If there is no existing provision, please modify as follows: Neither the Owner nor the Contractor shall be entitled to any damages arising from events or occurrences which are beyond their control, including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, acts of war, and other like matters. The Contractor’s sole remedy for such delays shall be an equitable adjustment in the Contract Time.

The provisions of this section exclude recovery for damages caused by the Contractor and compensation for additional professional services by either party.

See clauses 52.211-13, 4I-52.249-70, and 52.249-10

81. In the event that a severe storm event damages portions of previously accepted dikes, will the Contractor be reimbursed for any necessary repairs to those portions of dike?

The contractor shall be responsible for maintenance of the ECDs, at no additional cost to the government, until the MCA has been accepted.

82. To account for infill caused by a severe storm event, can the Owner confirm that borrow area payment surveys will be performed prior to and following any significant weather events?

Currently, the only time a MCBA bathymetric survey will be performed for the purposes of determining infill will be if the contract is suspended due to the Bonnet Carre spillway opening and again once work resumes.

83. Special Provisions - Page SP-5, Section 6, Available Government Material states “The complete Mag Survey, Geotechnical Investigation, and Geotechnical Analysis Reports are all available to the Contractor upon request to the COR”. We request to receive all additional materials, including any Mag Surveys, Geotechnical reports, or Side Scan Surveys.

The magnetometer survey and geotechnical reports will be included with this amendment.

84. Specifications - Page 7-9 Section 5, Contractor Surveys – Earthen Containment Dike Surveys, iv.

Progress Surveys, a. “progress surveys for the earthen containment dikes (ECDs) shall be taken when the Contractor and COR agree that final contract dimension is achieved for a minimum of 2,500 linear feet.” Would USDA consider reducing this requirement to 500 linear feet or accept the ECD construction progress in lifts of 2,500 linear feet?

The payment provisions of Bid Item 6 – Earthen Containment Dike, section A (11), Final Measurement and Payment, shall be as described.

85. Specifications - Page 93-2, Section 6, Items of Work and Construction Details, A. Bid Item 4, Staff Gauge, 2) Staff Gauge Post, I; states “the staff gauge posts shall be 20 feet (or longer)”, while the specifications indicate a 16 ft post should be utilized. Is there a minimum acceptable depth that the post must be installed that would require use of posts longer than 16 feet?

The specifications shall govern, i.e., the staff gauges shall be 20 feet (or longer).

86. Specifications - Page 421-5, Section 11) Final Measurement and Payment, iii. “The remaining 25% of the bid price shall be paid at the completion of Bid Item 3, Marsh Creation Fill.” The ECD Construction should be completed in advance of marsh material placement and will likely be performed by subcontractors. The selected contractor would either be required to pay out this retainage to the subcontractor or the subcontractor would have to wait until the full scope of the project was completed for their portion of the work to be paid. Subcontractors and Contractors should not have to bear the financial burden of waiting until Bid Item 3, Marsh Creation Fill has been completed, sold, and paid for such a large sum of money. Would USDA consider reducing the 25% retainage for a more typical 5% retainage encountered in similar contracts?

The payment provisions of Bid Item 6 – Earthen Containment Dike, section A (11), Final Measurement and Payment, shall be as described.

87. During the site visit meeting, it was discussed that each Marsh Creation Borrow Area must be exhausted prior to moving the dredge to another MCBA. Is there a specific sequence for which MCBA locations must be dredged first?

No.

88. During the site visit meeting, it was discussed that each Marsh Creation Borrow Area must be exhausted prior to moving the dredge to another MCBA. Please provide the requirements or guidelines the USDA will use to define when an individual Marsh Creation Borrow Area can be declared “Exhausted”?

There is no requirement to exhaust a MCBA cell prior to moving to another cell.

89. Solicitation, Offer, and Award – SF 1442 Page 1 - Additional Solicitation Requirements We request a Bid Date extension of 2 weeks to allow time to review the answered questions, any possible changes to the Plans and Specifications, and the adjustments to levee alignment as discussed in the site visit meeting.

Any extension to the proposal due date will be included with this amendment.

90. Agriculture Acquisition Regulation (AGAR) 452.236-73 Archaeological or Historic Sites states “If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.” If the Contractor encounters a previously unidentified archaeological or historic site, which remedies with respect to cost recovery for the delay are available to the contractor?

See FAR 52-242-14, Suspension of Work clause for details.

91. Agriculture Acquisition Regulation (AGAR) 452.236-73 Archaeological or Historic Sites states “If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.” If the Contractor encounters a previously unidentified archaeological or historic site, which remedies with respect to additional contract time recovery for the delay are available to the contractor?

See FAR 52-242-14, Suspension of Work clause for details.

92. Agriculture Acquisition Regulation (AGAR) 452.236-73 Archaeological or Historic Sites states “If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.” If the Contractor encounters a previously unidentified archaeological or historic site, what is the maximum period of delay that the USDA will require the contractor to wait before restarting work on the contract?

See FAR 52-242-14, Suspension of Work clause for details

93. Specifications - Section 1, Clearing, Paragraph 8 Items of Work and Construction Detail, Subparagraph A, Number 5 – Disposal, item I which states “Natural woody vegetative material may be disposed of by side casting into the marsh creation area provided it is completely covered by the marsh creation fill material. Trees and other woody vegetation shall be cut off level with the ground surface.” (Emphasis added). With respect to the emphasized language “Trees and other woody vegetation shall be cut off level with the ground surface”, will excavation of the root ball satisfy this requirement?

Removal of woody vegetation shall be as described in the specifications.

94. Specifications - Section 6, Seeding, Sprigging, and Mulching, Paragraph 7 Items of Work and Construction Details, Subparagraph A, Number 1 and Item iii ; states “No seedbed preparation will be required. Seeding will not occur matting has been removed. Seeding will commence and be completed within one (1) working days.” What is the allowable timeframe between matting removal and seeding?

Seeding will commence and be completed within one (1) working day of mat removal.

95. Is the pipeline casing for the railroad bridge crossing required?

Yes.

96. Can the berm width of 35’ between earthen containment dike and containment dike borrow area be reduced?

No. However, equipment can work within 15 feet of the ECD toe as stated in the specifications.

97. Reference is made to Special Provision 9 paragraph m. The operational or maintenance requirements arising out of the day-to-day business activities of any third party, including a pipeline company, and any emergencies related thereto are outside the control of the Contractor. The Contractor should not be responsible for damages arising out of the aforementioned. To reduce contingency in the bid prices please remove this provision.

Please see NRCS response to questions 70(a) and 70(b) above.