13-B-0056-0001.pdf

ED-13-036

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 above numbered solicitation for Mississippi River Outlets, Vicinity of Venice, Louisiana, Baptiste Collette Bar Channel, Maintenance Dredging 13-1, Plaquemines Parish, Louisiana (ED 13-036) is hereby amended to establish a bid opening date of 10 May 2016 at 2:00 p.m.

local time and place in Room 179 and to include changes to the solicitation listed on the follow ing pages.

1. CONTRACT ID CODE PAGE OF PAGES

1 6

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

16C. DATE SIGNED

BY 29-Apr-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 W912P8-13-B-0056

X 9B. DATED (SEE ITEM 11)

10-Jul-2013

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

29-Apr-2016

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P8-13-B-0056

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

WAGE RATES

General Decision Number: LA160011 01/08/2016 LA11

Superseded General Decision Number: LA20150011

State: Louisiana

Construction Type: Heavy Dredging

Counties: Louisiana Statewide.

DREDGING PROJECTS ALONG THE GULF COAST AREA INCLUDING THE

MISSISSIPPI RIVER AND ITS TRIBUTARIES TO THE OHIO RIVER

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016

* SULA1994-001 04/01/1994

Rates Fringes

Derrick Operator.................$ 7.25

Dozer Operator...................$ 7.25

Dredge 16" and Over Deckhand....................$ 7.25 Dredge tender operator......$ 7.25 Fireman.....................$ 7.25 First assistant engineer....$ 7.25 Leverman....................$ 7.25

Oiler.......................$ 7.25 Second assistant engineer...$ 7.25 Shoreman....................$ 7.25 Third assistant engineer....$ 7.25 Truck driver................$ 7.25 Welder......................$ 7.25

Dredge Under 16" Deckhand....................$ 7.25 Dredge tender operator......$ 7.25 Leverman....................$ 7.25 Oiler.......................$ 7.25 Welder......................$ 7.25

Hydraulic Dredging First cook..................$ 7.25 Handyman....................$ 7.25 Janitor, cabin person.......$ 7.25 Second cook.................$ 7.25

Marsh Buggy Dragline, Oiler......$ 7.25

Marsh Buggy Dragline, Operator...$ 7.25

Self-Propelled Hopper Dredge, Drag Tender......................$ 9.70 3.45+a

FOOTNOTE: Fourteen paid vacation days and eight paid holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day & Christmas Day provided the employee has one year of service.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

(End of Summary of Changes)

SPECIFICATIONS:

SECTION 00010

Pages 00010-3 thru 4. Delete pages 00010-3 thru 4 in their entirety and substitute the attached revised pages 00010-3 thru 5 therefore.

SECTION 00700

Page 3, 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984). In the main paragraph and Note 2, delete “90” calendar days and substitute “85” calendar days.

Page 3, 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEP 2000). In sub (a), delete “$2,820.00” and substitute “$2,785.00”.

Page 9, 52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE MAR 1995)—EFARS. Delete this clause in its entirety and substitute the revised clause 52.231-5000 therefore.

“EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 31.105-

101 - MAR 95)

(a) This clause does not apply to terminations. See 52.249-5000, Basis For Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition, owned or controlled and furnished by a Contractor or Subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region III. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d) (ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of Clause)

NOTE1: Costs for repairs or overhauling are not allowed.

NOTE 2: A copy of the “EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE” for Region III can be obtained from the following website: http://www.nww.usace.army.mil/Portals/28/docs/costengineering/EP- Archives/2009/Region3.pdf”

Page 11, 52.236-16 QUANTITY SURVEYS (APR 1984). Delete this clause in its entirety and substitute the revised clause 52. 236-16 therefore.

“52.236-16 QUANTITY SURVEYS - ALTERNATE 1 (1984 APR)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Contractor shall conduct the original and final surveys and surveys for any periods for which progress payments are requested. All these surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.”

http://www.nww.usace.army.mil/Portals/28/docs/costengineering/EP-Archives/2009/Region3.pdf http://www.nww.usace.army.mil/Portals/28/docs/costengineering/EP-Archives/2009/Region3.pdf

Note: In paragraph (c), the word “Promptly” is defined as “within three (3) calendar days.”

Page 13, 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000). In subparagraph (e) Table, under column Drawing No., delete “C-01 thru C-07” and substitute “C-01 thru C-06”.

Page 14, 252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (1991 DEC). Delete subparagraph (a) in its entirety and substitute the revised subparagraphs therefore:

“(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty percent (60%) of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty percent (40%) upon completion of demobilization.”

SECTION 01100

Delete Section 01100 GENERAL PROVISIONS including attachments in its entirety and substitute the attached revised Section 01100 with attachments therefore.

SECTION 01 57 20.01 12

Page 9, paragraph 3.3.6.2 Manatee Sighting Reports. Add the new “paragraph 3.3.7” after subparagraph 3.3.6.2 Manatee Sighting Reports therefore:

“3.3.7 Pallid and Gulf Sturgeon

The Contractor should minimize potential impacts to pallid and gulf sturgeon associated with cutterhead dredging by:

(1) The cutterhead should remain completely buried in the bottom material during dredging operations. If pumping water through the cutterhead is necessary to dislodge material or to clean the pumps or cutterhead, etc., the pumping rate should be reduced to the lowest rate possible until the cutterhead is at mid-depth, where the pumping rate can then be increased.

(2) during dredging, the pumping rates should be reduced to the slowest speed feasible while the cutterhead is descending to the channel bottom.”

Page 10, paragraph 3.6 REPORTING OF POLLUTION SPILLS. Add the new “paragraphs 3.7 thru 3.9” after paragraph 3.6 REPORTING OF POLLUTION SPILLS therefore:

“3.7 DISPOSAL OF REGULATED SOLID WASTES

If any hazardous or regulated solid wastes will be generated as a result of the Contractor's operations, the Contractor shall submit a plan that details the proper handling, removal, transportation and disposal of such wastes. The plan shall identify what types of hazardous and/or regulated solid wastes will be generated and shall list the hazards involved with each waste. All waste generated on-site by the Contractor must be properly identified within 30 days of generation. No regulated wastes shall be allowed to accumulate on-site for more than 90 days. If the Contractor discovers or comes into contact with any hazardous chemicals or other materials other than those addressed in this specification, the Contractor shall immediately notify the Contracting Officer (CO) who will make a determination as to the course of action.”

“3.8 DISPOSAL OF NON-REGULATED DEBRIS AND OTHER WASTE

All debris and other wastes resulting from construction operations on this contract shall be disposed of by removal from the site.”

“3.9 TRAINING OF CONTRACTOR PERSONNEL

Train the personnel in environmental protection and pollution control. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Conduct additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda:

a. methods of detecting and avoiding pollution

b. familiarization with statutory and contractual pollution standards

c. installation and care of devices, vegetation covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control

d. anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants

e. recognition and protection of archaeological sites, artifacts, and wetlands.”

SECTION 01 78 02.00 10

Page 2, paragraph 1.2 SUBMITTALS. Delete “paragraph 1.2” in its entirety and substitute the revised paragraph 1.2 therefore:

“1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-02 Shop Drawings

"As-Built" Drawings; G, DO, ED-L

Drawings showing final "As-Built" conditions of the project. The final CADD "As-Built" drawings shall consist of geographically referenced (LA State Plane South 1702, NAD 83 / survey feet) CADD electronic drawing files in the specified format supplied on compact disc, read-only memory (CD-ROM), three (3) copies; three (3) sets of half-scale hard copy prints, and one (1) set of the approved working "As-Built" drawings.”

Page 2, paragraph 1.3.1.1 Government Furnished Materials. Delete “paragraph 1.3.1.1” in its entirety and substitute the revised paragraph 1.3.1.1 therefore:

“1.3.1.1 Government Furnished Materials

The Contractor will be furnished "As-Designed" drawings in Microstation V8 format compatible with a Windows XP operating system. The electronic files will be supplied on compact disc, read-only memory (CD-ROM). The plan drawings provided shall be the basis for resulting "As-Built" sheet scale, coverage and layout. If the Contractor submits a CADD project master overview file, it does not eliminate the need for the specific individual plates matching the scale and coverage as those provided in the government furnished CD-ROM.”

SECTION 02 21 10.00 12

Page 2, paragraph 1.3 SUBMITTALS. Delete “paragraph 1.3” in its entirety and substitute the revised paragraph 1.3 therefore:

“1.3 SUBMITTALS

the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-02 Shop Drawings

Preliminary Field Surveys; G, ED

Prior to taking any original cross-sections, the Contractor shall run a preliminary electronically controlled field survey of the base dredging reach.

(See paragraph "Preliminary Field Surveys")

Before and After Dredging Cross Sections

Before and after dredging cross sections of the Baptiste Collette Bar channel shall be taken and submitted. (See paragraph "Before and After Dredging Cross Sections")

Disposal Area Surveys

Before and after disposal surveys shall be taken at each wetland creation area used and/or anticipated to be used by the Contractor to adequately capture impacts of material disposal. (See paragraph “Before and After Disposal Area Surveys")

SD-03 Product Data

Grab Sampling Device; G, CD

The type of grab sampling device the Contractor intends to use to sample materials, and sampling methods, shall be approved before sampling begins.

(See paragraph "Grab Sampling Device")

SD-04 Samples

Grab Sampling

19-liter channel bottom grab samples shall be taken subsequent to the before-dredging channel surveys. (See paragraph "Samples")

SD-05 Design Data

Compiled Survey Data CD Disk

All survey data shall be collected, recorded, and processed. The Contractor shall furnish the required data on compact disk (CD) containing ASCII character set. (See paragraph "Compiled Survey Data CD Disk")

Preliminary Field Surveys; G, CD, ED

Before and After Dredging Cross Sections

Disposal Area Surveys; G, CD, ED

SD-09 Manufacturer's Field Reports

Calibration checks

Calibration checks shall be run at the beginning and completion of each day's survey or portion thereof. Results shall be furnished daily to the Contracting Officer's Representative. (See paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION, subparagraph "General")”

Page 10. Delete the attached “Grab Sample Form” at the end of Section 02 21 10.00 12 in its entirety and substitute the revised attached Grab Sample Form.

SECTION 35 20 23.00 12

Page 3, paragraph 1.2.1 Quantity Surveys. In the 2nd sentence, delete “March 2013” and substitute “April 2016”.

Page 5, paragraph 1.4 SUBMITTALS. Delete “paragraph 1.4” in its entirety and substitute the revised paragraph 1.4 therefore:

“1.4 SUBMITTALS

the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Dredge Plant Data; G

Plant Data Sheets. The Contractor shall complete the plant data sheets attached at the end of this section for the dredge and attendant plant the Contractor intends to use to perform the work under this contract. Dredge physical data is required for submittal in the data sheets.

Plan of Operation

Submit a Plan of Operation at each pipeline and utility crossing. (See paragraph WORKING IN THE VICINITY OF STRUCTURES AND UTILITY

CROSSINGS)

Disposal of Dredged Material Plan; G, ED

Submit a disposal of dredging material plan in Government furnished disposal areas no later than seven (7) days prior to commencement of the work. (See paragraph DISPOSAL OF DREDGE MATERIAL)

Access Plan; G, ED

See subparagraph "Access Plan" of paragraph "QUALITY CONTROL", and Section 01100 GENERAL PROVISIONS, entitled ACCESS PLAN.

Construction Schedule; G, CT

See subparagraph "Construction Schedule" of paragraph "QUALITY CONTROL", and Section 00700 paragraph SCHEDULES FOR

CONSTRUCTION CONTRACTS (FAR 52.236-15 - APR 1984).

SD-07 Certificates

Certified Letters to Pipeline and Utilities Owners

SD-11 Closeout Submittals

Report of Operations; G, ED-L

(See subparagraph "Report Of Operations" of paragraph "QUALITY

CONTROL")

Page 8, paragraph 1.7.4 Automatic Identification System (AIS). Delete the obsolete “link” at the end of paragraph 1.7.4 and substitute the current link therefore:

“http://gpo.gov/fdsys/granule/CFR-2012-title33-vol2/CFR-2012-title33-vol2-sec164- 46”

Page 9, paragraph 3.1.2 Hydraulic Dredging. Delete “paragraph 3.1.2” in its entirety and substitute the revised paragraph 3.1.2 therefore:

“3.1.2 Hydraulic Dredging

Hydraulic dredging operations shall be performed between Station 270+00 and Station 560+00, however this entire reach of channel may not require dredging.

Anticipated areas requiring dredging based on the latest survey are depicted on the drawings. Dredging limits shall be verified by the before construction surveys. All work shall be performed as specified herein and as shown on the contract drawings.”

Page 9, paragraph 3.1.6 Character of Materials. Delete “paragraph 3.1.6” in its entirety and substitute the revised paragraph 3.1.6 therefore:

“3.1.6 Character of Materials

The material to be removed within the required dimensions specified consists of shoaling that has occurred since the channel was last dredged and insitu material.

Sand, silt, clay, shell, logs, stumps, snags, debris, and other obstructions may be encountered. Bidders are expected to examine the site of the work and, after investigation, decide for themselves the character of the materials, The Contractor shall note the following dredging jobs previously performed.

Limits Date Design Width Dredged Elevation Dimensions Depth (ft-MLG)

C/L Sta. 300+00 April 11, 2011 -16.0 150' to C/L Sta. 320+00

C/L Sta. 330+00 April 11, 2011 -18.0 250' to C/L Sta. 560+00

C/L Sta. 420+00 October 13, 2015 -10.0 150' to C/L Sta. 504+00

Virgin material may be encountered above or below the channel dimensions listed above. The table above indicates the most recent maintenance dredging events performed over the contract limits. Dredging history of the Baptiste Collette bar channel is available on request. Contractor's should take note that dredging to full http://gpo.gov/fdsys/granule/CFR-2012-title33-vol2/CFR-2012-title33-vol2-sec164-46 http://gpo.gov/fdsys/granule/CFR-2012-title33-vol2/CFR-2012-title33-vol2-sec164-46 dimensions between C/L Sta. 270+00 and 300+00 was last performed in May 1978, when initial dredging of the Baptiste Collette Channel was performed.”

Page 10, paragraph 3.2.2 Required Dimensions. Delete “paragraph 3.2.2” in its entirety and substitute the revised paragraph 3.2.2 therefore:

“3.2.2 Required Dimensions

The Contractor shall provide the following dimensions over all utility crossings by whatever approved method the Contractor elects to use. The dimensions are as follows: -14.0 feet MLG x 150 feet width between C/L Stations 270+00 and 320+00 transitioning to -14.0 feet MLG X 200 feet width between C/L Stations 320+00 and 330+00, and continuing at -14.0 feet MLG X 200 feet width between C/L Stations 330+00 and 560+00. The Contractor shall submit for approval by the Contracting Officer a detailed Plan of Operation at each pipeline or utility crossing where surveys indicate the above dimensions do not exist. The plan shall contain emergency measures to be taken in the event of an accident. The contractor shall notify the owners of pipelines or utilities by certified mail at least seven (7) days prior to operating within 500-feet of a pipeline or utility. A copy of the certified letter shall be submitted for information to the Contracting Officer concurrent with owner notification.

The Contractor shall also provide transportation, meals and/or lodging for any pipeline/utility representatives who are deemed necessary to remain aboard the dredge while working in the vicinity of these crossings.”

Page 10, paragraph 3.2.3 Existing Pipelines, Structures or Utilities. Delete “paragraph 3.2.3” in its entirety and substitute the revised paragraph 3.2.3 therefore:

“3.2.3 Existing Pipelines, Structures or Utilities

The vertical clearances listed below were furnished by the utility owners at the time permits were issued and/or from "AS-BUILTS" and are not the result of a survey made by the Government. In addition, various pipeline databases available here at the New Orleans District, as well as nautical charts published by NOAA, have been used in verifying the existence and locations of utilities within the vicinity of the project. The Contractor contact "LA One Call" at either 811 or 800-272-3020 and Gulfsafe at 1-888-910-4853 prior to dredging operations. Finally, prior to initiating dredging operations, the Contractor shall investigate the NOAA Chart OnLineViewer to verify any chart and utility updates in the project vicinity. The specific chart relating to this project can be found at:

http://www.charts.noaa.gov/OnLineViewer/11361.shtml

The following pipelines, structures or utilities are located within the project area. Also, contractor should be aware that there are other pipelines located within the general area:

Utility or Structure Approximate Elevation Name and Address Station MLG of Owner

16" Gas Pipeline 296+97 -22.0' American Midstream (See Below)

2-6" & 2-4" Pipelines 300+57 -37.0' Saratoga Resources Inc.

67201 Industry Ln Covington, LA 70433

Mr. Steve Ross

(PH) 985-809-9292,

Email:

sross@saratogaresources.net

26" Pipeline 355+76 -24.0' American Midstream (See below)

12" Pipeline 373+67 -24.0' American Midstream

Physical Address 2402 Bayou Rd St. Bernard, LA 70085

Robin Asevado Office 504-681-6925 Extension 2028 Cell 504-812-7151

Email:

RAsevado@americanmidstream.com

20" Delta Loop 543+53.57 -26.9' Shell P/L Co LP Oil Pipeline 5317 Bayou Black Dr.

Gibson, LA 70356

Kelly P. Angelette

(O) 985-858-2570

(C) 985-688-7446

(F) 985-858-2555

Email:

kelly.angelette@shell.com

2 3/8" Pipeline parallel to Elev Anadarko Oil and Gas channel, running Unknown 1-800-800-1101 inside the east 1201 Lake Robbins Dr bank and through The Woodlands, TX 77380 Disposal Area "G"

3-4" Pipelines parallel to 3' below Saratoga Resources Inc.

Disposal Area "G" mudline (See Above)”

Page 14, paragraph 3.3.8 Work In The Vicinity Of Other Government Contractors.

Delete “paragraph 3.3.8” in its entirety and substitute the revised paragraph 3.3.8 therefore:

“3.3.8 Work In The Vicinity Of Other Government Contractors

The Contractor shall coordinate his/her operations, through the Contracting Officer's Representative, with any other Government personnel and/or Government Contractors who may be working in the vicinity (i.e. dredging, surveys, revetment, jetty repairs, and dike construction, etc.). Any disputes or disagreements arising from area use shall be brought to the attention of the Contracting Officer, who will then make a determination for operational procedures. Determinations made by the Contracting Officer shall be binding on all parties concerned.”

DRAWINGS

SHEET IDENTIFICATION Nos. C-02 thru C-07. Delete these drawing in their entirety and substitute the attached revised drawing SHEET IDENTIFICATION Nos. C-02 thru C-06 therefore.

SECTION 00010 – BIDDING SCHEDULE

Mississippi River Outlets, Vicinity of Venice, Louisiana Baptiste Collette Bar Channel Maintenance Dredging #13-1

Plaquemines Parish, Louisiana

00010-3 ED 13-036

Item DESCRIPTION Estimated Quantity Unit Unit Price Estimated Amount

BASE WORK

0001** Mobilization and Demobilization 1 JOB

0002 Dredging

0002AA** First 650,000 650,000 CY

0002AB** All Over 650,000 250,000 CY

TOTAL BASE WORK: $

OPTIONAL WORK

0003 Bird Nesting Prevention and Avoidance Measures 60 DAY

TOTAL OPTIONAL WORK: $

TOTAL BASE WORK + OPTIONAL WORK: $

** Denotes changes from previous Bidding Schedule

• The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.

Award will be made as a whole to one bidder.

NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE

UNIT PRICE AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY

ITEM, ITS BID SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE

INELIGIBLE FOR AWARD.

NOTE 2: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (See FAR 14.404-2).

NOTE 3: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within 24 hours after

00010-4 ED 13-036

issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

**NOTE 4: OPTIONAL WORK ITEMS: The Government may require the delivery of the Bird Nesting Prevention and Avoidance Measures Option, in the quantity and price stated. The Government may exercise all or part of the Option, by written notice, to the Contractor. If the Government activates an Option Item, the activation will occur while the Contractor’s plant is within the limits of work. No additional mobilization/ demobilization will be paid to the Contractor for the Optional work.

**NOTE 5: EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990). Except when it is determined in accordance with FAR 17.206(b) 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 this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). If an option is to be exercised at the time of contract award FAR17.208 shall be used in place of FAR 52.217-5.

**NOTE 6: The quantity shown in Item 0003 is for evaluation purposes only; payment for this line item will be based on the actual quantity used and they shall be excluded from the “VARIATIONS IN ESTIMATED QUANTITIES” clause.

**NOTE 7: Any VEQ analysis under Optional Item 0003 will be based upon the variation in the line item quantity provided in the Bid Schedule above, and not a variation in any lesser quantity actually awarded under that option line item.

**NOTE 8: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL

WORK. In the event that OPTIONAL WORK item 0003 is exercised under the terms of the contract, the time required for completion of the contract will not be adjusted but shall be performed concurrent with original contract duration of 85 calendar days established for the BASE WORK items specified in the Contract Clause entitled

“COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52-211-10

– APR 1984)”.

**NOTE 9: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx

00010-5 ED 13-036

EVALUATION OF SUBDIVIDED ITEMS.

Item No. 0002 is subdivided into two (2) or more estimated quantities and is to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS.

The Variations in Estimated Quantities Subdivided Items clause is applicable only in Items No. 0002.

a. Variations from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

b. Where the actual quantity of work performed for Item No. 0002 is less than 85% of the quantity of the first sub-item listed under such items, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment in contract price shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

c. If the quantity of work performed under Item No. 0002 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No. NONE exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

01100-a ED 13-036

Section Table of Contents

SECTION 01100 - GENERAL PROVISIONS

1. ......... DAMAGE TO WORK

2. ......... SAFETY PROVISIONS

3. ......... SIGNAL LIGHTS

4. ......... CONTINUITY OF WORK

5. ......... INSPECTION

6. ......... SHOALING

7 .......... ACCOMMODATIONS AND MEALS FOR INSPECTORS

8. ......... SEAWORTHINESS CERTIFICATION

9. ......... ENVIRONMENTAL LITIGATION

10. ...... STATE TAXES

11. ...... FUEL CONSUMPTION REPORTING REQUIREMENTS

12. ...... RIGHTS-OF-WAY

13. ...... ACCESS PLAN

14. ...... CONTRACT COORDINATION

15. ...... CONTRACTOR’S RESPONSIBILITY

16. ...... MOBILIZATION OF ATTENDANT PLANT

17. ...... SUPERVISION

18. ...... DATUM RELATIONSHIPS

19 ........ PRE-BID SITE VISIT

20. ...... SECURITY REQUIREMENTS

01100-1 ED 13-036

SECTION 01100 - GENERAL PROVISIONS

1. DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause in Section 00700 entitled, "Permits and Responsibilities (FAR 52.236-7)". However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit price or job prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there is no contract unit or job prices applicable to any part of such work, an equitable adjustment shall be made pursuant to the Contract Clause in Section 00700 entitled, "Changes (FAR 52.243-4)". Except as herein provided; damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

2. SAFETY PROVISIONS

The safety provisions as specified herein refer to the 30 Nov 2014 edition of EM 385- 1-1. Safety will be in compliance with this referenced Corps of Engineers Safety Manual. This latest edition can be located on the following website:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM _385-1-1.pdf

Use of appropriate safety equipment is mandatory and not limited to hard hats, safety vests, and safety-toed boots. Any personnel not wearing proper personal protective equipment (PPE) shall be removed from the jobsite until PPE compliance has been established. The Contractor is responsible for daily clean up and complete restoration of the area once the contract is complete.

(a) Mishap Reporting and Investigation. Refer to EM 385-1-1, Section 01.D.

Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his/her representative within one (1) working day after the accident occurs. All data reported must be complete, timely and accurate on ENG Form 3394. A follow-up report shall be submitted when the estimated lost time days differs from the actual lost time days.

(b) Accident Prevention Plan (APP). See the Contract Clause in Section 00700 entitled, "Accident Prevention (FAR 52.236-13)". Within seven (7) days after http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

01100-2 ED 13-036

receipt of Notice of Award of the contract, and at least seven (7) days prior to the pre-work conference, four (4) copies of the Accident Prevention Plan shall be submitted to the Contracting Officer for review and acceptance. The program shall be prepared in the following format.

(1) Executed CESO Form A-02, Accident Prevention Plan Checklist (available upon request).

(2) Activity Hazard Analysis (AHA) Form, Figure 1-2 in Section 1 “Program Management” of EM 385-1-1 (Nov 2014) (Attached at the end of this section).

(3) A copy of company policy statement regarding accident prevention.

(4) When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be included on MVN Form 385-10 (Latest Edition), Fuel Oil Transfer, (available upon request). (Refer to 33 CFR 156).

The Contractor shall have on the construction site during working hours a trained Site Safety and Health Officer (SSHO) in accordance with paragraph 01.A.17 of EM 385-1-1. The Contractor shall not commence physical work at the site until the plan has been accepted by the Contracting Officer, or his/her authorized representative. The Contractor may submit its Accident Prevention Plan only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also refer to Section 1 of EM 385-1-1.

(c) Comprehensive Hazard Communication Program. The Contractor shall develop, implement, and maintain at the workplace a written, Comprehensive Hazard Communication Program (see Section 06.B.01 of EM 385-1-1) that includes identification of potential hazards as prescribed in 29 CFR Part

1910.1200 and/or 1926.59, effects of exposure and control measures to be used for chemical products and physical agents that may be encountered during the performance of work on this contract, provisions for container labeling, Safety Data Sheets, and employee training program, and other criteria in accordance with 29 CFR Part 1910.1200 and/or 1926.59. Training shall include communication methods and systems to be used (i.e., voice, hand signals, radios or other means), and training in the use and understanding of safety data sheets and chemical product hazard warning labels. Prior to bringing hazardous substances, as defined in 29 CFR 1910.1200 and/or 1926.59, onto the job site, a copy of the Hazard Communication Program and the Safety Data Sheets of each substance shall be submitted to the Contracting Officer and made available to the Contractor's employees as part of its Accident Prevention Plan. The Contractor shall note that “Safety Data Sheets (SDS) has replaced Material

01100-3 ED 13-036

Safety Data Sheets (MSDS)” referenced in Section 06.B.01 of EM 385-1-1 meeting the criteria of the new OSHA globally harmonized system.

(d) Daily Inspections. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the jobsite in accordance with Section 01 45

04.00 10, "CONTRACTOR QUALITY CONTROL". The reports shall be records of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

(1) Phase(s) of construction underway during the inspection.

(2) Locations of areas where inspections were made.

(3) Results of inspections, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

(e) Safety Sign. The Contractor shall furnish, erect, and maintain a safety sign at the site where indicated by the Contracting Officer. The sign shall conform to the requirements of this paragraph and the drawing included at the end of these General Provisions. The lettering shall be black, green safety circle and cross, and the background white. When placed on a floating plant, the sign may be half size. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. No separate payment will be made for construction and erection of the safety sign and all costs in connection therewith will be considered an incidental obligation of the Contractor.

(f) Ground Fault Protection. Electrical equipment used on this contract shall be equipped with ground fault circuit interrupters in accordance with EM 385-1-1, Section 11.D.05.

(g) Means of Escape for Personnel Quartered, or Working on Floating Plant.

Two (2) means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes.

Where nine (9) or fewer persons are involved, one (1) of the means of escape may be a window (minimum dimensions 24 inches by 36 inches) which leads to a different exit route. Refer to Section 19 of EM 385-1-1.

(h) Emergency Alarms and Signals.

(1) Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The

01100-4 ED 13-036

alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one (1) strategic point on each deck.

(2) Signals.

(a) Fire Alarm Signals. The general fire alarm signal shall be in accordance with paragraph 46 CFR Ch. I; Subpart E.109.503 of the Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels, Sub-Chapter I & Ia.

(b) Abandon Ship Signals. The signal for abandon ship shall be in accordance with paragraph 109.503(b) of the reference cited in subparagraph (2)(a) above.

(c) Man-Overboard Signal. Hail and pass the word to the bridge.

All personnel and vessels capable of rendering assistance shall respond.

(i) Hurricane Plan. A detailed plan for protection and evacuation of personnel and plant in the event of an impending hurricane or storm is required as an enclosure to the Contractor's Accident Prevention Plan. This plan shall be submitted to the Contracting Officer, or his/her representative, for review prior to the preconstruction conference. Work being performed to satisfy the Hurricane Plan will not be measured for payment. Payment for all work associated with the Hurricane Plan, and providing the equipment required for the duration specified, shall be distributed amongst the existing bid items. The Hurricane Plan shall include at least the following:

(1) The time each phase of the plan will be put in effect. The time shall be the number of hours remaining for the storm to reach the worksite if it continues at the predicted speed and direction.

(2) The safe harbor for personnel and plant specifically identified.

(3) The name of the boat(s) which will be used to move the plant, its type, capacity, speed, and availability. If the boat to be used has not yet been identified, the Contractor shall indicate (a) if the vessel will come from his own resources or from an outside source, (b) the type of boat proposed, and (c) horsepower that would be needed.