C-5_AMD01_8-1-17_(002).pdf

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

1 12

2. MODIFICATION NO.: 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. PROJECT NO. (If applicable)

0001 AUG 1, 2017

6. ISSUED BY

USAED – BALTIMORE

10 SOUTH HOWARD STREET

BALTIMORE, MD 21201

CODE W912DR 7. ADMINISTERED BY:

SEE ITEM # 6

CODE

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

X

9A. AMENDMENT OF SOLICITATION NO.

W912DR-17-B-0011

9B. DATED (SEE ITEM 11)

JUN 11, 2017

10A. MODIFICATION OF CONTRACT/ ORDER

NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

BID OPENING 11:00 AM, Local Time AUG 9, 2017 Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 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. 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 FAR43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: changes clause FAR 52.243.1

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.)

MAINTENANCE DREDGING, VARIOUS CHANNEL SECTIONS, BALTIMORE HARBOR AND CHANNELS, CHESAPEAKE BAY, MARYLAND.

SEE THE FOLLOWING PAGES

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)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(signature of person authorized to sign)

BY _________________________________________

(Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

AMENDMENT 0001 TO ADVERTISED IFB W912DR-17-B-0011

EFFECTIVE DATE: AUG 1, 2017 PAGE 2 OF 12 PAGES

SOLICITATION:

1) Section 00010, Price Schedule: Delete the price schedule in its entirety and substitute the attached revised price schedule, dated Aug 01, 2017.

SPECIFICATIONS:

1) Section 01 35 30, Paragraph 1.5: Delete paragraph text in its entirety and substitute the following: ”The Corps of Engineers Military Munitions Design Center will provide an Ordnance and Explosives Safety Specialist(s) (OESS) to oversee overall MEC safety and training. The OESS will be available during the duration of the project. The Contractor, or UXO Technicians, shall contact the OESS in the event that an MEC or MEC-like item is located. The OESS will provide guidance and coordinate emergency response.

Stop dredging work immediately upon notification by the OESS or UXO Technicians of the need for inspection of intake devices.”

2) Section 01 35 30, Paragraph 3.3: Delete the text of this paragraph and substitute the following:

“Stop work immediately upon notification by the OESS, UXO Technicians, the Contractor's inspector, NJDEP or the Government's QA inspector, that MEC larger than 1.25 inches (in its smallest dimension) is detected in a screening device. When MEC, as specified in the preceding sentence, is detected, implement the following procedures:

a. Nonessential personnel shall leave the vicinity of the MEC.

b. Stop dredging, notify UXO technician and COR.

c. Once the item is evaluated by the UXO technician, if the item contains explosives or it isn't clear whether explosives are contained, Contact the NAVY EXPLOSIVE ORDNANCE DISPOSAL (EOD) Group Officer of the Day, at 757-444-3214 (24-hrs per day).

d. Any item that is perceived to possibly be MEC (i.e. dummy or training items) must be documented in reports and with photos to be provided to the COR.

e. Do not use the affected drag arm until the MEC has been cleared by Authorized Personnel such as the NAVY EOD Group.”

3) Section 01 35 30, Paragraph 3.4: Add the following: “Work stoppages due to MEC detection will be evaluated by the Contracting Officer on a case-by-case basis to determine if price or time adjustments are warranted.”

4) Section 35 20 23, Paragraph 3.4.2: Add the following the end of this paragraph: “The base bid contract allows for 1 foot of overdepth. If Optional Item 0009 is exercised, material removed to a depth not more than two feet below the required depth of 51' will be estimated and paid for between stations -2+300 to 2+000 only. Optional Item 0009 allows the Contractor to dredge and be paid for an additional 1 foot of overdepth between stations -2+300 to 2+000 only, for a total of 2 feet of allowable overdepth.”

DRAWINGS:

5) Sheet V-17: Delete this sheet in its entirety as originally issued and substitute the attached revised like numbered sheet, dated 7/21/17.

ATTACHMENTS:

Revised price schedule, dated Aug 01, 2017

Revised Sheet V-17, dated 7/21/17

RFIs and responses

REVISED AUGUST 01, 2007

Item No.

DESCRIPTION Estimated Quantity

UNIT UNIT PRICE AMOUNT

BASE BID ITEMS

Reimbursement of Performance and Payment Bonds

____ JOB Lump Sum $

0002 Mobilization and Demobilization ____ JOB Lump Sum $

0003 Turtle Trawling 15 DAYS $ $

Dredging – Cape Henry Acceptance Section 1 - sta -2+300 to 2+000 to 51 plus 1 foot overdepth

334,374 C.Y.

Dredging – Cape Henry Acceptance Section 2 - sta 2+000 to 7+000 to 51 plus 1 foot overdepth

495,672 C.Y.

Dredging – Cape Henry Acceptance Section 3 - sta 7+000 to 13+000 to 51 plus 1 foot overdepth

563,442 C.Y.

Dredging – Cape Henry Acceptance Section 4 - sta 13+000 to 18+000 to 51 plus 1 foot overdepth

452,991 C.Y.

TOTAL ESTIMATED BASE BID AMOUNT $

Unit Price Schedule

Item No.

DESCRIPTION Estimated Quantity

UNIT UNIT PRICE AMOUNT

OPTIONAL BID ITEMS

Dredging – Cape Henry Acceptance Section 5 - sta 18+100 to 27+000 to 51 plus 1 foot overdepth

253,046 C.Y. $ $

Dredging – Cape Henry Acceptance Section 1 – sta -2+300 to 2+000 – 1 foot overdepth

426,210 C.Y. $ $

0010 Stand-by Time 3 DAYS $ $

TOTAL ESTIMATED AMOUNT (BASE BID AND OPTIONAL ITEMS) $

NOTES TO OFFERORS

Offerors must quote on all items including Optional Items. Failure to quote on all items may be cause for rejection of the proposal.

Optional Items may be exercised at any time within 90 calendar days after Notice to Proceed. The Contracting Officer may exercise the Optional Items by written notice to the Contractor, postmarked within the period specified above. The Government may exercise any, all or none of the listed Optional Items in any order.

An additional 15 construction calendar days will be added to contract completion if Option 0008 is exercised.

If Option 0009 is exercised, notification will be provided prior to commencement of work on Base Bid Item 0004.

An additional 30 construction calendar days will be added to contract completion if Option 0009 is exercised.

No additional construction time will be allowed if Option 0010 is exercised.

EVALUATION OF OPTIONS:

Except when it is determined not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Questions and Answers For Information Only

W912DR-17-B-0011

August 1, 2017

Q 7065256. Would it also be possible to make the most recent survey data available? The drawings provided for this solicitation reference a June 2017 survey but the survey data available on the Baltimore District website dates back to Dec 2015.

A. The survey data is available at the following location:

http://navigation.usace.army.mil/Survey/Hydro#state=VA#channel=CENAB_V

A_03_1CH

Q 7072525. a) Will NTP correlate with the hopper dredging seasonal window, beginning November 15th. b) If NTP does not correlate with the 11/15/17 date, what is the process of gaining permission to deposit dredge material at Dam Neck during the restricted time?

A. NTP is not reliant upon the dredging window as there are several submittals required before dredging can commence. Per specification 35 20 23 para 1.5.2 dredging is to commence within 30 days of notice to proceed. Therefore, notice to proceed will not occur more than 30 days prior to November 15th. No permission will be given to place at Dam Neck during the restricted time of September 1st through November 14th.

Q 7074804. SECTION 01 35 30 Page 1 & 2 "If MEC is identified as being dredged from the borrow area, the Government will determine if the following requirements are necessary.

(1) Provide two Unexploded Ordnance (UXO) Technicians per dredge. The UXO Technicians shall provide 24-hour, 7-days per week, MEC support, aboard the dredge on a rotating watch basis. The UXO Technicians shall provide MEC Training and shall inspect the dragheads for damage and presence of MEC after each load has been taken aboard.

(2) UXO Technicians shall determine the classification of MEC-like objects discovered, shall dislodge MEC from the draghead(s) if required, and shall properly safeguard the MEC. The Contractor shall provide a dedicated crewboat with crew for transportation of the Technicians and MEC to a location as directed by the site OESS. The expected location is the crew boat berth at Barnegat Light. No other persons other than the boat crew and UXO Technicians shall be permitted on the crewboat during transportation of MEC.

(3) UXO Technicians shall comply with the "STANDARD OPERATING

PROCEDURES FOR UXO TECHNICIANS PROVIDING MEC SUPPORT ABOARD HOPPER

DREDGES", which is included at the end of this section, as Attachment C. Provide support to the Technicians as required and specified in this attachment.

(4) Provide an on-board portable magazine/MEC containment vessel, as approved by the OESS, to securely store and transfer collected MEC items. Alternatively, if directed by the Contracting Officer, take on-board, secure and electrically ground, a portable magazine/MEC containment vessel provided by the Government, to be utilized for storage of MEC.

(5) If UXO Technicians are required, do not continue/commence dredging until the UXO Technicians are on-board the dredge."

The above specifications are typical to a nourishment project in which the material will be placed onto a beach or other beneficial use site.

Please clarify if the contractor is required to provide UXO Technicians for this maintenance dredging with offshore disposal project.

A. UXO technicians are required as stated in the specifications.

Q 7074818. Please extend the deadline for questioning to August 2, 2017, one week prior to bid opening.

A. Deadline will not be extended.

Q 7074830. 3.3 DETECTION OF MEC

The Contractor shall stop work immediately if MEC is detected in the intake screening device. When MEC is detected, the Contractor shall implement the following procedures:

a. Personnel shall leave the vicinity of the MEC.

b. Contact the NAVY EXPLOSIVE ORDNANCE DISPOSAL (EOD) Group Officer of the Day, at 757-444-3214 (24-hrs per day).

c. Report the incident to the COR.

d. Do not use the affected drag arm until the MEC has been cleared by Authorized Personnel such as the NAVY EOD Group.

In reference to the above section, Is the contractor permitted to continue to the disposal site?

A. UXO technician to evaluate possible MEC and advise Contractor of procedures based on spec section 01 35 30 paragraph 3.3.

Q 7074846. 3.3 DETECTION OF MEC

The Contractor shall stop work immediately if MEC is detected in the intake screening device. When MEC is detected, the Contractor shall implement the following procedures:

a. Personnel shall leave the vicinity of the MEC.

b. Contact the NAVY EXPLOSIVE ORDNANCE DISPOSAL (EOD) Group Officer of the Day, at 757-444-3214 (24-hrs per day).

c. Report the incident to the COR.

d. Do not use the affected drag arm until the MEC has been cleared by Authorized Personnel such as the NAVY EOD Group.

In reference to the above section, Is the contractor permitted to return to work with the other non-effected dragarm?

A. UXO technician to evaluate possible MEC and advise Contractor of procedures based on procedures in spec section 01 35 30 paragraph 3.3.

Q 7074852. 3.3 DETECTION OF MEC

The Contractor shall stop work immediately if MEC is detected in the intake screening device. When MEC is detected, the Contractor shall implement the following procedures:

a. Personnel shall leave the vicinity of the MEC.

b. Contact the NAVY EXPLOSIVE ORDNANCE DISPOSAL (EOD) Group Officer of the Day, at 757-444-3214 (24-hrs per day).

c. Report the incident to the COR.

d. Do not use the affected drag arm until the MEC has been cleared by Authorized Personnel such as the NAVY EOD Group.

In reference to this section, If UXO Technicians are required on the dredge as specified, are they not permitted to handle and dispose of the MEC without Navy EOD Group authorization?

A. Any item that is perceived to possibly be MEC (ie dummy or training items) must be documented in reports and with photos to be provided to the COR. UXO technician is to evaluate any possible MEC items incurred. Spec section 01 35 30 para 3.3 to be replaced with the following language:

Stop work immediately upon notification by the OESS, UXO Technicians, the Contractor's inspector, NJDEP or the Government's QA inspector, that MEC larger than 1.25 inches (in its smallest dimension) is detected in a screening device, or any size MEC is detected on the beach. When MEC, as specified in the preceding sentence, is detected, implement the following procedures:

a. Nonessential personnel shall leave the vicinity of the MEC.

b. Stop dredging, notify UXO technician and COR.

c. Once the item is evaluated by the UXO technician, if the item contains explosives or it isn't clear whether explosives are contained, Contact the NAVY EXPLOSIVE ORDNANCE DISPOSAL (EOD) Group Officer of the Day, at 757-444-3214 (24-hrs per day).

d. Any item that is perceived to possibly be MEC (ie dummy or training items) must be documented in reports and with photos to be provided to the COR.

e. Do not use the affected drag arm until the MEC has been cleared by Authorized Personnel such as the NAVY EOD Group.

Q 7074859. 3.3 DETECTION OF MEC

The Contractor shall stop work immediately if MEC is detected in the intake screening device. When MEC is detected, the Contractor shall implement the following procedures:

a. Personnel shall leave the vicinity of the MEC.

b. Contact the NAVY EXPLOSIVE ORDNANCE DISPOSAL (EOD) Group Officer of the Day, at 757-444-3214 (24-hrs per day).

c. Report the incident to the COR.

d. Do not use the affected drag arm until the MEC has been cleared by Authorized Personnel such as the NAVY EOD Group.

In reference to this section, Please clarify if the contractor will be compensated for standby time due to the "Detection of MEC" work stoppage requirements.

A. Spec section 01 35 30 paragraph 3.4 will be revised. Work stoppage due to MEC detection would need to be evaluated on a case by case basis. At this time it would be difficult to evaluate to what extent a possible work stoppage due to MEC would impact schedule. However, if it were to happen, the Contracting Officer would evaluate conditions to determine if modification is warranted.

Q 7074968. "Information is lacking on the type or speed of vessels involved in turtle vessel strikes. However, there does appear to be a correlation between the number of vessel struck turtles and the level of recreational boat traffic (NRC 1990). Although little is known about a sea turtle's reaction to vessel traffic, it is generally assumed that turtles are more likely to avoid injury from slower moving vessels since the turtle has more time to maneuver and avoid the vessel. The speed of the dredge is not expected to exceed 3 knots while dredging or while transiting to the pump out site with a full load and it is expected to operate at a maximum speed of 10 knots while empty. In addition, the risk of ship strike will be influenced by the amount of time the animal remains near the surface of the water. For the proposed action, the greatest risk of vessel collision will occur during transit between shore and the areas to be dredged.

The presence of an experienced endangered species observer who can advise the vessel operator to slow the vessel or maneuver safely when sea turtles are spotted will further reduce the potential risk for interaction with vessels. The addition of one to two slow moving vessels in the action area have an insignificant effect on the risk of interactions between sea turtles and vessels in the action area."

Please clarify the requirements for speed of travel to and from the pump out. Is this only a requirement when turtles/whales are spotted?

A. While operating the hopper the contractor should be mindful of crew safety and all species in and around the dredge and placement areas.

When whales or sea turtles or other listed species are present vessels must avoid intentional approaches closer than 100 yards when in transit, and reduce speeds to below 4 knots if bridge watch identifies a listed species in the immediate vicinity of the dredge. An Internet Webpage where NMFS provides guidance for the general public to review certain requirements concerning whale-watching and other listed species, and the vessel operations to occur during encounters with these animals, is located at: http://www.nmfs.noaa.gov/pr/species/ In addition, the Contractor must be in compliance with requirements of the Biological Opinion, Endangered Species Act, Marine Mammal Protection Act, and any Federal or State laws and regulations that supplement these Acts.

Q 7076397. 1.5.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor will be required to commence work under this contract within 10 calendar days and to commence dredging work under this contract within 30 calendar days after the date of receipt by him of notice to proceed. The Contractor will also be required to prosecute said work diligently and to complete the base contract work ready for use not later than 150 calendar days after the date of receipt by him of notice to proceed. Additional time for contract completion will be allowed as stated below when any Optional Items are exercised. The layout stationing for Acceptance Sections, are shown on the contract plans. The time stated for completion shall include final clean up of the premises. Should the total quantity of material to be paid for actually removed under the contract exceed the limit established in Section 01 22 00, PARAGRAPH: "Variation in Estimated Quantity", additional time will be allowed at the rate of one calendar day for each 15,000 cubic yards in excess of the established limit. The time stated for completion shall include final clean up of the premises.

The amount of additional time when any Optional Items are exercised is as follows:

(a) Dredging - Acceptance Section 5 - 15 Calendar Days

(b) Dredging - Acceptance Section 1 to 53' overdepth - 30 Calendar Days

1.5.3 SEASONAL RESTRICTIONS

Seasonal restrictions of dredging operations will apply for this contract. No dredging shall occur between the dates of September 1st and November 14th due to seasonal migration of endangered species.

Liquidated damages will not be assessed during this period unless the Contractor is granted permission to deposit dredged material at Dam Neck during this restricted time. Additional mobilization and demobilization costs if an extension is granted beyond the contract performance period will be the responsibility of the Contractor.

In reference to the above specifications, the contractor would like to request that the dredging window and allowable working days be extended through September 1, 2018.

A. Dredging window will not be extended. Allowable working days and dredging window will be as stated in contract.

Q 7076556. Section 00010 – Price Schedule Line Item 0009 Dredging – Cape Henry Acceptance Section 1 – sta -2+300 to 2+000 -1 foot overdepth, estimated Quantity of 426,210 CY.

NOTES TO OFFERORS: "Optional Items may be exercised at any time within 90 calendar days after Notice to Proceed."

SECTION 35 20 23 Page 19

3.4.2 Overdepth

To cover inaccuracies of the dredging process, material actually removed from within the specific areas to be dredged to a depth of not more than one foot below the required depth will be estimated and paid for at the contract price.

What is the required dredge depth for Line item 0009?

A. The following will be added to Spec Section 35 20 23 para 3.4.2: If the Optional Item 0009 is exercised material removed to a depth not more than two feet below the required depth of 51' will be estimated and paid for between stations -2+300 to 2+000 only. The base bid contract allows for 1 foot of overdepth. Optional Item CLIN 0009 allows the Contractor to dredge and be paid for an additional 1 foot of overdepth between -2+300 to 2+000 only, for a total of 2 feet of allowable overdepth.

Q 7076557. Section 00010 – Price Schedule Line Item 0009 Dredging – Cape Henry Acceptance Section 1 – sta -2+300 to 2+000 -1 foot overdepth, estimated Quantity of 426,210 CY.

NOTES TO OFFERORS: "Optional Items may be exercised at any time within 90 calendar days after Notice to Proceed."

SECTION 35 20 23 Page 19

3.4.2 Overdepth

To cover inaccuracies of the dredging process, material actually removed from within the specific areas to be dredged to a depth of not more than one foot below the required depth will be estimated and paid for at the contract price.

If the L.I.0004 required depth of -51', why is there an additional quantity for overdepth of L.I 0009?

A. Please see table spec section 1.9.1 Estimated Quantities. Optional Item 0009 is for the overdepth below 52' to 53' from station -2+300 to 2+000. The base contract is to dredge that same section to 51' plus 1' overdepth to 52'. Optional Item 0009 allows for the Contractor to dredge and be paid for an additional foot of overdepth.

Q 7076558. NOTES TO OFFERORS: "Optional Items may be exercised at any time within 90 calendar days after Notice to Proceed."

Can the Gov't exercise L.I. 0009 after the completion of L.I. 0004, requiring the contractor to go back to dredge for just overdepth?

A. Option 0009 if exercised, notification will be provided to contractor prior to commencement of work on CLIN 0004. Notice to Bidders revised as such.

Q 7076559. Since the Contractor will dredge to 51' in the base contract (L.I. 0004) and Paragraph 3.4.2 Overdepth states that the overdepth is to account for inaccuracies in the dredging process, will the USACE please remove Line Item 0009 from the contract?

A. Spec section 32 20 23 paragraph 3.4.2 "To cover inaccuracies of the dredging process, material actually removed from within the specific areas to be dredged to a depth of not more than one foot below the required depth will be estimated and paid for at the contract price."

This includes payment to 51' plus one foot of overdepth at the contract price. CLIN 0009 is for the dredging to an additional 1' of overdepth to 53'. This line item will not be removed.

Q 7076563. Due to the inaccuracies of the dredging process, Contractors will estimate accordingly to allow for non-pay material to be dredged in order to provide a -51' template depending on if there is a 1' or 2' allowable overdepth.

Please remove Line Item 0009 from the contract

A. As stated in spec 32 20 23 paragraph 3.4.2 "To cover inaccuracies of the dredging process, material actually removed from within the specific areas to be dredged to a depth of not more than one foot below the required depth will be estimated and paid for at the contract price." The base contract requires 51' plus a 1' allowable overdepth from stations -2+300 to 18+000. Optional CLIN 0009 is for an additional 1' of overdepth to 53' from stations -2+300 to 2+000. This line item will not be removed.