W912DS23B0017 Amendment 00001.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:

1. Answ er questions to prospective bidders for informational purposes only.

NOTE: Bidders must acknow ledge receipt of this amendment by the date specif ied 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 the block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE DATE BID, LATE

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

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 12-Jul-2023

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 W912DS23B0017

X 9B. DATED (SEE ITEM 11)

22-Jun-2023

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 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-Jul-2023

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:

W912DS23B0017

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0001

This amendment incorporates the following revision(s) to the subject solicitation:

- Section 01 57 20.00 10 – Environmental Protection, Paragraph 1.14 – Protection of Environmental Resources, the following is added:

“The contractor must avoid impacts to shellfish beds and Sub Aquatic Vegetation outside of the authorized channel limits. The contractor must notify NJDEP Marine Resources Administration Bureau of Marine Habitat and Shellfisheries of and is fully responsible for any impacts or damage to these resources outside of the channel limits.

The contractor must take all necessary precautions to avoid impacts to shellfish beds and Sub Aquatic Vegetation within the channel limits and outside of dredging footprint.

Work must be sequenced in a manner that ensures that any work in the south branch near SAV habitat must occur outside the SAV growing season of 15 April – 15 October. The NJDEP SAV habitat map can be found attached to this amendment.

BIDDER’S QUESTIONS AND GOVERNMENT REPLY

The following questions and answers are provided for information only. Nothing contained below amends or revises any provision of the solicitation. This is for bidder’s reference only, and is not to be considered as a part of the Contract Documents.

Contract award will be based on what is contained in the printed Plans and Specifications in a hard copy format or Electronic Bid Set if provided and as posted on SAM.Gov.

Q1. Specifications require completion of the project in 35 days from the NTP. If the NTP is granted in mid-august, the 35 days will expire prior to the beginning of the allowable in river work window for environmental constraints (fish window).

Can the required completion date for the project be changed to match the end of the fall/winter work window which closes on 1/15/24? Requiring the project to be completed within 35 days from the NTP also leaves insufficient time for approval of submittals.

A1. NTP will be issued with sufficient time to ensure that all work can be completed outside the environmental no dredging windows. The environmental no dredging window in the river ends on 30 June, therefore work can begin in the river once NTP is issued. It is anticipated that NTP will be issued in August/September 2023. The environmental window of 15 April- 15 October is only applicable for work near SAV habitat. All submittals shall be submitted after award, prior to NTP and the preconstruction meeting, and therefore should not impact the project completion within the required performance period.

Q2. The 35-day work window to complete all work for the job seems aggressive given the need to use shallow draft equipment for dredging operations. Please consider increasing the days.

A2. Due to the draft restrictions for this project and low bank height, the production rate will be lowered to 1,500 cubic yards per day. This will increase the period of performance from 35 days to 41 days.

Q3. Can a list of acceptable upland placement sites be provided?

A3. Coordination for all offloading, dewatering, processing, and placement locations are solely the responsibility of the contractor. Local municipality and/or state agency coordination may be required.

Q4. The file “DO004 Shrewsbury Cover Letter.pdf” references an Excel file named “Shrewsbury Upland - DO004_Threshold Comparisons_Values.xlsx” and is described as a “Summary Data Table including all target analytes, Excel EDD, values.” Please provide this referenced Excel file.

A4. The excel files have been attached to this amendment.

Q5. Given the very low average cut thickness (less than one foot of required dredging) and how spread out the material is within the channels, this type of work is considered “coverage dredging” versus “production dredging.” As it involves a much higher ratio of walking, coverage dredging is very inefficient. In conjunction with a very shallow dredging prism which limits the type/size of equipment that can be utilized, a completion date of 35 days from NTP will prove very difficult to achieve. Please allow dredging to continue through the environmental window closure date of December 31, 2023 (the dredging window per the NJ WQC Permit is July 1 to December 31).

A5. The contractor must adhere to all environmental windows in the NJDEP Water Quality Certificate Permit # 1300-06-0004.1 CDT230001. Due to the draft restrictions for this project and low bank height, the production rate will be lowered to 1,500 cubic yards per day. This will increase the period of performance from 35 days to 41 days.

Q6. Is box-cutting of side slopes allowed for acceptance, whereby a space is dredged below the allowable side slope plane on the bottom of the slope for upslope material capable of falling into the cut?

A6. As stated in the file “08 - Attachment M - Shrewsbury River FNC FY23_EFHcommentform.pdf”, only dredging in the existing authorized channel is permitted. No over dredging is allowed on this contract. Payment and final acceptance will be based on the number of cubic yards dredged made by computing the volume between the bottom surface shown by the before dredge survey and the bottom surface shown by the after dredge survey. Only the material removed between these two surveys within the allowable footprint and up to the maximum dredge template will be considered for payment and final acceptance. The limits of the side slopes are described in the specifications SECTION 35 20 23, Paragraph 1.7 Side Slopes.

Q7. Is bed leveling by dragging the bottom with a drag bar or other apparatus allowed?

A7. All coordination with federal, state, and local agencies was conducted anticipating the use of a closed environmental clamshell bucket. Any deviation from this proposed equipment must be included in the low – bidders work plan for acceptance and may require additional coordination.

Q8. Section 01 11 00, page 3 states; “The work is anticipated to be performed within the approximate time period in the fall/winter of 2023/2024.” When does the USACE anticipate issuing the Notice to Proceed?

A8. USACE anticipates issuing the Notice to Proceed in September/October 2023.

Q9. Section 01 22 00.00 10, page 2, paragraph 1.2.1.1 references installation of pipe and preparation of beach fill areas. Please confirm that there are no pipeline or beach fill operations associated with this project.

A9. There are no pipeline or beach fill operations associated with this project.

Q10. Section 01 30 00, page 16, the “Distribution of volumes” table shows an overdepth of 2 feet. Please confirm that the associated volumes shown are for 1 foot of overdepth.

A10. The Basic Work will require dredging to a plane of -8 feet mean lower low water plus 1 feet allowable overdepth and 6 feet mean lower low water plus 1 feet allowable overdepth.

Q11. The file “08 - Attachment M - Shrewsbury River FNC FY23_EFHcommentform.pdf” includes comments from NOAA Fisheries, including: For areas located near SAV, dredging should be avoided between April

15 through October 15 (the SAV growing season). Will dredging for this project be allowed between July 1 and October 15?

A11. The environmental window of 15 April – 15 October is only for areas located near SAV habitat. Work must be sequenced in a manner that ensures that any work in the south branch near SAV habitat must occur outside the SAV growing season of 15 April

– 15 October. The NJDEP SAV habitat map can be found attached to this amendment.

Q12. The file “08 - Attachment M - Shrewsbury River FNC FY23_EFHcommentform.pdf” includes comments from NOAA Fisheries, including: A minimum buffer of 500 feet between dredging area(s) and the edge of any SAV bed should be maintained if the sediments are less than 95% sand, as is expected for this project. Are there any SAV beds located within 500’ of any of the dredging areas for this project? If so, please provide drawings depicting the locations of any SAV beds that impact this project.

A12. SAV habitat map can be found attached to this amendment. Some areas in the south branch may be located within the SAV habitat buffer. The contractor must confirm if any SAV exist within the buffer area. Work must be sequenced in a manner that ensures that any work near SAV habitat must occur outside the SAV growing season of 15 April – 15 October.

Q13. The file “08 - Attachment M - Shrewsbury River FNC FY23_EFHcommentform.pdf” includes comments from NOAA Fisheries, including: For areas located adjacent to wetlands or mudflats, maintain a minimum of 25-foot buffer between the top of the slope of any area to be dredged and any vegetated wetlands. Are there any vegetated wetlands adjacent to this project’s dredge areas that impact the project? If so, please provide drawings depicting the locations of any vegetated wetlands adjacent to this project.

A13. Wetlands exist adjacent to the project site; however, USACE anticipates that all wetlands exist outside the 25-foot buffer. The contractor must confirm this prior to the start of dredging.

Q14. The file “08 - Attachment M - Shrewsbury River FNC FY23_EFHcommentform.pdf” includes comments from NOAA Fisheries, including: For areas located near shellfish beds, to the extent possible, avoid dredging these areas between November 1 through April 30. Are there any shellfish beds located near the project that would preclude dredging from November 1 to December 31? If so, please provide drawings depicting the locations of any impacted shellfish beds adjacent to this project.

A14. Shellfish beds are located near the project area, however, under C.12:5-3.1 (Senate Bill S2369, 2016-2017), dredging within shellfish habitat is allowed under certain circumstances, with limitations, and supersedes the relevant CZM rules on dredging in shellfish habitat. Therefore, dredging will be allowed within authorized channel from 1 November – 31 December.

SECTION 00 10 00 - SOLICITATION

The contractor period of performance end date has increased by 6 days from 35 days to 41 days.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 41 calendar days from the notice to proceed.

(End of clause)

(End of Summary of Changes)