W912DS21B0010 Amend 0002.pdf

W912DS21B0010

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 the Government's responses to contractors' Requests for Information (RFI). This is for

INFORMATIONAL PURPOSES ONLY.

NOTE: Bidders must acknow ledge receipt of this amendment by the date specified in the solicitation (or as amended) by one of the follow ing methods: In the space provided on the SF1442, by separate letter, or by signing Block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE

MODIFICATIONS OF BIDS OR LATE WITHDRAWAL OF BIDS (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 28-May-2021

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 W912DS21B0010

X 9B. DATED (SEE ITEM 11)

07-May-2021

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

27-May-2021

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

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:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been added by full text:

AMENDMENT 0002

The following are the Government’s responses to the RFIs forwarded by potential bidders. These are for

INFORMATIONAL PURPOSES ONLY.

Q1. It appears that material located within the structure of the Railroad Swing Bridge is required to be removed according the Plans Sheet VH-104 hatching for Basic Work Area B. Please confirm that material located underneath or within close proximity to the bridge structure will not be required to be removed.

A1. The contractor shall exercise the utmost caution when dredging in the vicinity of any bridge to prevent the collapse, undermining or damage to the structure. Material located underneath or within close proximity to the bridge structure will not be required to be removed.

Q2. Section 01 11 00 (1.2) states that the “NOAA National Marine Fisheries Service issued an Essential Fish Habitat (EFH) recommendation, dated 11 March 2021, contains dredge window restrictions for the Raritan River, NJ and dredging is prohibited from December 1st through June 30th in order to protect winter flounder. The contractor must comply with all conditions of the NOAA EFH Recommendation”.

This is contrary to the following paragraph that states, “the work is anticipated to be performed within the approximate time period of September 2021 through December 2021”. Will dredging be allowed in December or will the work likely occur between September 1st and November 30th?

A2. Due to restrictions in both the NJDEP Water Quality Certificate and NOAA National Marine Fisheries Service Essential Fish Habitat (EFH) recommendation, dredging is prohibited from December 1st through June 30th. Dredging is anticipated to be performed August 2021 through 30 November 2021.

Q3. Please provide information regarding the Railroad Swing Bridge’s hours of operations. Does the bridge open on demand, and how much notice is required for openings. Should the contractor expect any delays to the work due to the bridge’s operation.

A3. Per the Code of Federal Regulations Title 33, § 117.747Raritan River.(a) The draw of New Jersey Transit Rail Operations Railroad Bridge at mile 0.5 shall open on signal; except that, from 6 a.m. to 9:30 a.m. and 4:30 p.m. to 7:30 p.m., Monday through Friday, except holidays, the bridge need not open.(b) The bridge owner shall provide and keep in good legible condition two clearance gauges with figures not less than 12 inches high designed, installed and maintained according to the provisions of § 118.160 of this chapter.(c) Trains and locomotives shall be controlled so that any delay in opening the draw span shall not exceed ten minutes.

However, if a train moving toward the bridge has crossed the home signal for the bridge before the signal requesting opening of the bridge is given, the train may continue across the bridge and must clear the bridge interlocks before the bridge may be opened.

As part of the ongoing NJ Transit Raritan River Railroad Bridge construction and maintenance project there will be active construction that will require periods of time when the North and/or South navigation channel through the railroad bridge’s swing span will be required to be closed while bridge pier construction occurs near the navigation channel. These closures will be coordinated with the US Coast Guard. The contractor is required to contact NJ Transit prior to the commencement of the dredging project to coordinate project schedule and review site conditions at that time.

Q4. Please confirm that an Endangered Species Observer will not be required for this project as it appears to be only a requirement for hopper dredges.

A4. National Marine Fisheries Service (NMFS) Endangered Species / Marine Mammal Observer is required for the transport of all dredged material to the HARS, see Section 35 20

23.10 18 Part 1.4 for requirements.

Q5. Spec section 35 20 23.10 18 (1.7.2 g.) states that “during each trip to the HARS, the dredged material contained in a container vessel must be able to be placed within individual grid cells as small as 100 feet wide and 100 feet long. Dredged material placed outside of designated grid areas of the HARS must be minimized to the maximum extent practicable.” Please confirm that the dredge contractor will not be required to place the material inside a 100’ x 100’ box as this is extremely restrictive. Dump scows used for this scope will likely have dimensions 2 to 3 times longer than 100’ in order to meet the project’s required minimum average production rate. We request that the material placement requirements for offshore disposal match other projects which typically require placement within a 300’ radius of a dump coordinate.

A5. The intent of this requirement is to engage the contractor in providing precise, targeted placement of the approved placement material within an approved grid area. The Government acknowledges that many scows may exceed the 100’ x 100’ target area but holds that placement of material should be initiated within the target grid cell. The dredged material for placement within the target cell has been tested and evaluated for how it will disperse from the target cell, and to a greater extent, the assigned grid. It is understood by the Government that the material will settle within the designated area and its vicinity. The scow should target placement within a grid cell as assigned and determined at the Pre- Construction Meeting. The grid itself is larger than the individual grid cell in most cases and will accommodate the dispersal of estimated volume of project dredged material.

Q6. How will the Contractor be compensated for the disposal of debris encountered while dredging? We request that a new CLIN be added to account for the disposal of debris in tons.

A6. This channel was dredged as recently as 2014. There is no anticipation of significant debris accumulation in the shoals to be dredged. As debris is encountered during the dredging cycle, it shall be fully noted in the Contractors QC reporting (size, weight, delay, etc.). Any possible request for equitable adjustment must be submitted in writing under the appropriate clause (differing site condition, changes, VEQ, etc.).

Q7. We respectfully request that a backup container vessel not be required as it seems to be a very costly and unnecessary expense for the Government to incur, as there are already required minimum average productions for the contractor and liquidated damages included in the Contract.

A7. The intent of this requirement is to ensure that minimum production rate is maintained in the event that a scow falls due to maintenance issues or leaking. A backup container vessel is not required to be directly on site however, the contractor must ensure that enough scows are on the project to ensure that the minimum production rate is maintained in the event of scow failure.

Q8. Section 35 20 23 (1.7 Side Slopes) states that, “dredging on side slopes shall follow, as closely as practicable, the lines indicated or specified.” Please confirm that as long as the majority of the material above grade on the slopes is removed in other words, “as closely as practicable, the lines indicated or specified” that this will be sufficient for achieving acceptance of the project slopes.

A8. This is sufficient for achieving acceptance.

Q9. Can the Upland Placement Dredging and the HARS Placement Dredging occur at the same time or does one have to be completed before the other can start?

A9. The contractor may perform the work in whichever manner (consecutively or simultaneously) as they see fit.

(End of Summary of Changes)