W912DS-16-B-0014-0007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to provide responses to Requests for Information submitted by contractors.

NOTE: Bidders must acknow ledge receipt of this amendment by date specified in the bid (or as amended) by one of the follow ing methods:

In the space provided on the SF 1442, by separate letter, or by signing block 15 below FAILURE TO ACKNOWLEDGE AMENDMENT BY DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE MODIFICATION OF BID, OR LATE

WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

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

16C. DATE SIGNED

BY 11-Oct-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DS-16-B-0014

X 9B. DATED (SEE ITEM 11)

08-Aug-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Oct-2016

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-16-B-0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

The following are responses to questions received from bidders (FOR INFORMATIONAL PURPOSES

ONLY):

Question No. 1: Amendment #1 provides an August 13, 2016 NJDEP Water Quality Determination (Permit) Letter that prohibits on Page #3 the performance of all in-water work from January 1st to June 30th of every year in order to protect fish habitat. With regard to this in-water work moratorium, please review and address the following:

a. The deployment of Turbidity Barriers creates an engineered barrier that mitigates the turbidity issues that would otherwise cause problems for the fish. For example, the use of Turbidity Barriers are common solutions to turbidity issues on dredging projects. When the NJDEP declared this restriction, were they made aware of the project requirements for Turbidity Barriers to be deployed? Losing six months of every year presents a significant impact to the construction schedule. Therefore, we wish to receive clarification regarding the applicability of this "boiler plate" moratorium to this project.

Response a: NYD and the non-Federal Sponsor NJDEP have coordinated with NJDEP Bureau of Maine Fisheries to remove the seasonal restriction for winter flounder and to reduce the seasonal restriction for anadromous fish as follows: 1st year of construction 15 March- 15 June; subsequent construction years 1 March- 30 June. Revision letter from NJDEP documenting this change is included in Amendment 0005-Specification Section 00 90 02 (Permits).

b. If the NJDEP in-water work moratorium is, in fact, applicable to this project, despite the use of Turbidity Barriers, then we request that the in-water work restrictions be added to the Erosion and Control Notes on Dwg. C-101a and C-101b so that this significant project impact is made a integral part of the bid documents.

Response b: The seasonal restrictions are included in the permits in Specification Section 00 90 02 and are a part of the bid documents.

Question No. 2: Spec section 00 90 02 (Permits) was added in Amendment #001. Condition #9 & #10 basically state that no in water work can be performed between January 1 – July 1 of each year. This will have significant impact on the project schedule. Please clarify what is considered “in water work”. We assume “in water” is just within the Pews Creek limits shown on the plans and not all areas east of the existing levee? Based on scheduled bid date, notice to proceed, project startup, etc. the cofferdam installation and diversion channel installation will be pushed back to July 1, 2017 which delays the entire project. Has this been accounted for in the overall project completion of 1,222 calendar days? Also, please confirm that once the diversion channel is operational and cofferdam installed all work can proceed inside the cofferdam uninterrupted (during the 2nd & 3rd seasonal restrictions). The permit wording also refers to potential osprey nest impacts and wetland mitigations. Please confirm those impacts are being addressed in Contract #1 and don’t really impact this project?

Response: NYD and the non-Federal Sponsor NJDEP have coordinated with NJDEP Bureau of Maine Fisheries to remove the seasonal restriction for winter flounder and to reduce the seasonal restriction for anadromous fish as follows: 1st year of construction 15 March- 15 June; subsequent construction years 1 March- 30 June. Revision letter from NJDEP documenting this change is included in Amendment 0005-Specification Section 00 90 02 (Permits).

In water work refers to any work touching water, at or below Mean High Water elevation, and done by water based equipment. However, if a cofferdam is installed and diversion channel is operational before 1 March 2017, work can be done through the seasonal restriction period (1st year of construction 15 March- 15 June; subsequent construction

W912DS-16-B-0014

years 1 March- 30 June) as long as it is upland (i.e. within the cofferdam and no effect to in-water area).The seasonal restriction has been accounted for in the contract duration of 1,222 calendar days.

Currently the Pews Creek West osprey nest platform is located within the 300m buffer of Contract 2. See map included in Amendment 0003, response No. 55. Relocation of this platform is scheduled to be completed under a separate contract by 1 March 2017. The operation is not anticipated to impact the Contract 2 construction schedule as the nesting window does not begin again until March 15th.

The wetland mitigation referenced in the permits does not affect work under Contract 2.

Question No. 3: Please reference Specification Section 00 90 02, Page 3, Subsection “Consistency Determination….Conditions”, Notes #9 and #10. Please confirm the timing restrictions indicated are intended to mean that during these periods the building of Diversion Channel and the Cofferdam cannot take place. Please confirm that provided the Cofferdam and Diversion are built they may remain in place during these periods.

Response: NYD and the non-Federal Sponsor NJDEP have coordinated with NJDEP Bureau of Maine Fisheries to remove the seasonal restriction for winter flounder and to reduce the seasonal restriction for anadromous fish as follows: 1st year of construction 15 March- 15 June; subsequent construction years 1 March- 30 June. Revision letter from NJDEP documenting this change is included in Amendment 0005-Specification Section 00 90 02 (Permits).

In water work refers to any work touching water, at or below Mean High Water elevation, and done by water based equipment. However, if a cofferdam is installed and diversion channel is operational before 1 March 2017, work can be done through the seasonal restriction period (1st year of construction 15 March- 15 June; subsequent construction years 1 March- 30 June) as long as it is upland (i.e. within the cofferdam and no effect to in-water area).

(End of Summary of Changes)