AM0001.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 above numbered solicitation for Mississippi River, Baton Rouge to Gulf of Mexico, Southw est Pass Maintenance Dredging, Non-Continuous Mile 6.0 AHP to Mile 19.5 BHP, Cutterhead Dredge Rental No. 4-2015 Plaquemines Parish, Louisiana is amended to make changes as show n on the follow ing pages and establish a bid opening date and time. The bid opening w ill be held on 5 February 2016 at 11:00am, local time and place in Room 167.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY 03-Feb-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 W912P8-15-B-0009

X 9B. DATED (SEE ITEM 11)

18-Dec-2014

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

03-Feb-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:

W912P8-15-B-0009 AM0001 - Mississippi River, Baton Rouge to Gulf of Mexico, Southwest Pass Maintenance Dredging, Non-Continuous Mile 6.0 AHP to Mile 19.5 BHP, Cutterhead Dredge Rental No. 4-2015. Plaquemines Parish, Louisiana.

AMENDMENT 0001 CHANGES

1. Wage Determination: Delete the original wage determination in its entirety and replace with the attached.

2. General Comment: There is a new edition of the EM 385-1-1 “Corps of Engineers Safety and Health Requirements Manual”. All work to be performed under this contract shall be performed in accordance with the November 2014 edition.

3. Standard Form 1442, Box 26: Delete the New Orleans Area Office address and replace with the following:

USACE, New Orleans Area Office 7400 Leake Avenue, Rm 186 New Orleans, LA 70118

4. Section 00010, paragraph 1.1 “Bidding Schedule”: Delete this paragraph in its entirety and replace with the attached paragraph 1.1 entitled “Bidding Schedule”.

5. Section 00010, paragraph 1.4.c “Conditions of Contract Award”: In the “Approximate Cutterhead Dredge Contract Duration” table, delete “138” and replace with “95”.

6. Section 00010, paragraph 1.5.b “Bidder Qualifications”: In the first sentence, delete “Contractor Qualifications” and replace with “Responsible Prospective Contractors”.

7. Section 00700, Clause 52.211-10 “Commencement, Prosecution, and Completion of Work (APR 1984)”: In the first sentence, delete “138” and replace with “95”.

8. Section 00700, Clause 252.236-7004 “Payment for Mobilization and Demobilization (Dec 1991)”: In subparagraph (a)(1), delete “Eighty (80%) percent” and replace with “Sixty (60%) percent”. In subparagraph (a)(2), delete “Twenty (20%) percent” and replace with “forty (40%) percent”.

9. Section 01 30 00, paragraph 1.12 “As-Built Drawings”: In the first sentence of the last paragraph, delete “disk copies” and replace with “standard size CD-RW disk copies”.

10. Section 01 30 00: Add the following paragraphs after paragraph 1.13:

1.14 SUSPICIOUS ACTIVITY REPORTING TRAINING

The Contractor and all associated sub-contractors shall receive a brief/training (provided by the Government Representative) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative, or law enforcement entity. This training shall be completed within 30 calendar days after contract award and within 30 calendar days after new employees commence performance, with the results reported to the Contracting Officer's Representative within 5 calendar days after completion of the training.

1.15 E-VERIFY PROGRAM

The Contractor shall pre-screen candidates using the E-verify Program website (http://www.uscis.gov/e-verify) to meet the established employment eligibility requirements.

The Contractor shall ensure that the candidate has two forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates shall be provided to the Contracting Officer's Representative within 3 business days after contract award.

11. Section 01 35 26 Attachments: Delete the “Accident Prevention Program Contractor Activity Hazard Analysis” attachment and the “Instructions for Completion of CEMVN Form 385-43/2R” attachment and replace with the attached “Activity Hazard Analysis (AHA)”.

12. Section 01 57 20.00 10, paragraph 3.3.1.4 “Bird Nesting Prevention and Avoidance Measures”:

Delete the POC for the New Orleans Area Office and replace with the following:

US Army Corps of Engineers New Orleans Area Office Attn: Mr. Kenneth Crumholt, P.E.

7400 Leake Ave, Room 227 New Orleans, LA 70118

13. Section 35 01 50.73, paragraph 2.1.2.2 “Calibration”: In the second sentence, delete “(at the 10, 20 and 30 ft. depths)” and replace with “(at the 10, 20, and 30 ft. depths or as directed by the Government Representative)”.

14. Section 35 01 50.73, paragraph 3.2.4.a “Inspection of Samples”: Delete “David Duthu – 504-862- 1868” and replace with “Mike Morris – 504-862-1963”.

15. Section 35 01 50.73, paragraph 3.3 “Grab Sample Identification Label”: Delete “504-862-1868” and replace with “504-862-1963”.

16. Section 35 20 23.23, paragraph 1.3.3 “Daily Dredge Location Report”: Delete this paragraph in its entirety and mark as “Reserved”. The Daily Dredge Location Report is no longer required.

17. Section 35 20 23.23, paragraph 1.3.5(1) “Distribution of Reports”: Delete this paragraph in its entirety and replace with the following:

(1) US Army Corps of Engineers New Orleans Area Office Attn: Mr. Kenneth Crumholt, P.E.

7400 Leake Ave, Room 227 New Orleans, LA 70118

18. Section 35 20 23.23: Add the following paragraph after paragraph 2.1.9:

2.1.10 Addition of Plant

a. At the Contractor's option and with the approval of the Contracting Officer, an additional cutterhead dredge or dredges with attendant plant may work simultaneously with the primary cutterhead dredge and its attendant plant provided the criteria below is met.

(1) Whenever two or more dredges are approved for simultaneous work on the contract, the dredge that commences dredging operations first will be considered the primary dredge.

(2) The Contractor shall submit clear evidence that the additional dredge(s) can perform at the rate rates shown in the chart in paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Region Section(s) on work similar to that of this contract.

(3) The additional dredge(s) shall provide its own attendant plant as described in paragraph entitled "Dredge Attendant Plant" at no additional costs to the Government.

(4) The additional dredge(s) shall provide its dredge discharge pipeline as described in paragraph entitled "Dredge Discharge Pipeline" at no additional costs to the Government.

(5) The additional dredge(s) shall conform to the same environmental requirements of the primary dredge.

b. Furthermore, the following conditions will apply to the additional cutterhead dredge(s).

(1) No payment will be made for mobilization and demobilization to/from the job site for the additional dredge(s).

(2) Upon commencement of dredging operations by the additional dredge(s), the remaining hours on the basic payment items will be prorated to each dredge so that total contract payments will remain unchanged. If applicable, option dredging payment hours will also be prorated separately so that the total contract payments for the exercised options will remain unchanged.

19. Section 35 20 23.23 12: Delete this section in its entirety and replace with the attached Section 35 20

23.23 12.

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

Section 00010, paragraph 1.1 “Bidding Schedule”

1.1 BIDDING SCHEDULE

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO,

SOUTHWEST PASS MAINTENANCE DREDGING NON-CONTINUOUS

MILE 6.0 AHP TO MILE 19.5 BHP

CUTTERHEAD DREDGE RENTAL NO. 4-2015

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0009

30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH SUBMERGED PUMP

Bid Item DESCRIPTION Estimated Quantity

Unit Unit Price

Total Price

0001 MOBILIZATION AND

DEMOBILIZATION

1 JOB

0002 DREDGING: Rental of one fully operated cutterhead dredge with 30-inch ID pump discharge with a submerged pump, attendant plant and discharge pipeline as specified.

923 HOUR

Option

OPTION DREDGING - Same plant as listed in Item No. 0002 of this bid lot.

277 HOUR XXXXXX

Option

DREDGE TOWING SERVICE 25 MILE

Option

BIRD NESTING PREVENTION

AND AVOIDANCE MEASURES

60 DAY

TOTAL:

*SEE BID FORM NOTES

Activity Hazard Analysis (AHA) Activity/Work Task: Overall Risk Assessment Code (RAC) (Use highest code)

Project Location: Risk Assessment Code (RAC) Matrix

Contract Number:

Severity

Probability

Date Prepared: Frequent Likely Occasional Seldom Unlikely

Prepared by (Name/Title):

Catastrophic E E H H M

Critical E H H M L

Reviewed by (Name/Title):

Marginal H M M L L Negligible M L L L L

Notes: (Field Notes, Review Comments, etc.)

Step 1: Review each “Hazard” with identified safety “Controls” and determine RAC (See above)

“Probability” is the likelihood to cause an incident, near miss, or accident and identified as: Frequent, Likely, Occasional, Seldom or Unlikely. RAC Chart “Severity” is the outcome/degree if an incident, near miss, or accident did occur and identified as: Catastrophic, Critical, Marginal, or Negligible

E = Extremely High Risk H = High Risk

Step 2: Identify the RAC (Probability/Severity) as E, H, M, or L for each “Hazard” on AHA. Annotate the overall highest RAC at the top of AHA.

M = Moderate Risk L = Low Risk

Job Steps Hazards Controls RAC

Equipment to be Used Training Requirements/Competent or

Qualified Personnel name(s) Inspection Requirements

Section 01 35 26 ATTACHMENT

Section 01 35 26 Attachment: "Activity Hazard Analysis (AHA)"

Section 35 20 23.23 12

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.23 12

HYDRAULIC DREDGING - SOUTHWEST PASS DREDGING REGION

PART 1 GENERAL

1.1 SCOPE

1.2 MEASUREMENT AND PAYMENT

1.2.1 Airboat

1.2.2 Non-Standard Dredging Conditions

1.3 EXISTING STRUCTURES OR UTILITIES

1.4 MEAN LOWER LOW WATER (MLLW) DATUM RELATIONSHIP

PART 2 PRODUCTS

2.1 Airboat

PART 3 EXECUTION

3.1 DREDGING

3.1.1 Dredging Region

3.1.1.1 Mississippi River, Southwest Pass

3.1.1.2 Dredging for West Bay Sediment Diversion Channel

3.1.1.3 Colonial Nesting Birds

3.1.2 Disposal of Dredged Material

3.1.2.1 Access Channels

3.1.2.2 Prevention of Damage

3.1.2.3 Corridors

3.1.3 Disposal Area Surveys

3.1.4 Location of Dredge Plant and Equipment

3.1.5 Previous Dredging Contracts

3.2 RIGHTS OF WAY

3.3 MINIMUM PRODUCTION RATE REQUIREMENTS

3.4 HORIZONTAL AND VERTICAL CONTROL POINTS

ATTACHMENTS:

Contract Plates (15-1 through 15-10)

-- End of Section Table of Contents --

SECTION 35 20 23.23 12 Page 1

SECTION 35 20 23.23 12

HYDRAULIC DREDGING - SOUTHWEST PASS DREDGING REGION

PART 1 GENERAL

1.1 SCOPE

This section details specific requirements which are in addition to the general requirements set forth within the specifications for the Mississippi River, Southwest Pass; and West Bay Sediment Diversion Canal dredging region. The work covered by this section consists of furnishing all labor, materials, and equipment, and performing all work required for dredging in the specified dredging region, except for those measures set forth in other technical portions of the Specifications.

1.2 MEASUREMENT AND PAYMENT

No separate Measurement or Payment will be made for dredging region requirements as described herein.

1.2.1 Airboat

All costs associated with providing an airboat for Government use shall be included in the contract unit price per hour for "Dredging" and "Option Dredging".

1.2.2 Non-Standard Dredging Conditions

There are no additional non-standard dredging conditions specific to this dredging region.

SECTION 35 20 23.23 12 Page 2

1.3 EXISTING STRUCTURES OR UTILITIES

The structures, such as bridges, or utilities, such as pipelines and cables, listed below are known to be located within this dredging region.

The Contractor should be aware that additional utilities exist along the banklines of the navigation channel and within the disposal areas. Extreme caution shall be taken when traversing across the designated pipeline corridors to access disposal areas. No spudding, anchoring, or excavation is allowed in the vicinity of these utilities. Utilities, in addition to those shown on the plates, may reside along the banklines of the navigation channel and the disposal areas.

Utility or

Structure

Station and/or Mile

Elevation

MLG

Owner and Telephone Number

6 5/8" gas pipeline

162+60

1.9 BHP

Unknown Fieldwood Energy 2014 West Pinhook Rd, Suite 800

Lafayette, LA 70508

Trisha Hackett Office: 337-354-8015 Cell: 337-522-1977 trisha.hackett@fwellc.com

Reggie Quinn Office: 337-354-8134 Cell: 337-315-9526 reggie.quinn@fwellc.com

20" gas pipeline

302+67

4.5 BHP

-80.0 ft Kinetica Partners, LLC 224 Aviation Rd Houma, LA 70363

Jeremy Pusateri 337-496-6141 jeremy.pusateri@kineticallc.com

Pat Adams Office: 985-223-6139 Cell: 985-637-1188 pat.adams@kineticallc.com

SECTION 35 20 23.23 12 Page 3

Utility or

Structure

Station and/or Mile

Elevation

MLG

Owner and Telephone Number

4", 6", & 8" oil & gas pipeline bundle

318+78

4.8 BHP

-87.0 ft Texas Petroleum Investment 207 Town Center Pkwy, Suite 150

Lafayette, LA 70506

Chris Sanfilippo Office: 337-560-1016 Cell: 337-577-8465 csanfilippo@txpetinv.com

Jeff Meaux 337-577-3992 jmeaux@txpetinv.com

2-16" outflow lines (abandoned)

8.0 BHP Unknown Whitney Oil & Gas

400 Poydras St, Suite 1440

New Orleans, LA 70130

Mike Frances 985-709-2344 mfrances@whitneyoilandgasllc.com

8" oil pipeline

531+26

8.7 BHP

-90.0 ft Hilcorp/Harvest Pipeline 1804 Tidewater Rd Venice, LA 70091

Martin Mistich 281-796-9327 mmistich@hilcorp.com

Shelby D'Amico 225-250-6632 sdamico@hilcorp.com

36" gas pipeline

682+00

11.7 BHP

-78.0 ft Kinetica Partners, LLC (see above)

SECTION 35 20 23.23 12 Page 4

1.4 MEAN LOWER LOW WATER (MLLW) DATUM RELATIONSHIP

This information is provided to comply with the requirements outlined in EM 1110-2-6056, Standards and Procedures for Referencing Project Elevation Grades to Nationwide Vertical Datums. This engineering manual was released in response to IPET Lessons Learned, in order to address datum and project control issues.

For Southwest Pass, 0.0' MLLW (2007-2011) = 3.5' MLG.

The project benchmarks referenced below have been incorporated into the National Spatial Reference System database:

Mississippi River at Venice

DESIGNATION: 876 0849 A TIDAL

PID: AT1390

LAT/LON: N 29 16 00.52795 W 089 21 10.35484 NAD83 (2011)

NORTH/EAST: N 284,325.15 E 3,912,287.82 SPC LA S (US feet) ELEVATION: 1.53 feet NAVD88 (2009.55) ELEVATION: 4.73 feet MLG

MARKER: BENCH MARK DISK

STAMPING: 0849 A 1985

DESCRIPTION: THE STATION IS LOCATED IN VENICE, 8 MILES SOUTH SOUTHEAST OF

BURAS, AT THE END OF HWY. 23 ON A GRAVEL ROAD LEADING TO NEW CONSTRUCTION

AT THE TIME OF RECON AND A RED AND WHITE TOWER. (LOCATION OF NEW BUILDING

WILL BE A WILDLIFE AND FISHERIES HEADQUARTER). OWNERSHIP- PLAQUEMINES

PARISH. TO REACH THE STATION FROM THE INTERSECTION OF THE POST OFFICE AND

HWY. 23 GO SOUTHEAST ON HWY. 23 FOR .9 MILES TO A CURVE TO THE RIGHT, GO

AROUND CURVE TO A CROSS ROAD ( JUMP BASIN RD.), TURN LEFT FOR .05 MILES TO

A SHELL ROAS TO RIGHT (OFFSHORE SHIPYARD RD.) TURN RIGHT AND GO SOUTHEAST

FOR .15 MILES TO A MARK ON THE LEFT ALONG A FENCE LINE JUST BEFORE ENTERING

INTO A GATE. 23.7 M NORTH FROM THE NORTH 1 OF 2 YELLOW KEYPAD SUPPORT

POSTS, 13.7 M EAST FROM A RED FIRE HYDRANT, 8.0 M NORTHEAST FROM THE CENTER

OF A GRAVEL ROAD, 1.0 M NORTHEAST FROM A METAL POST WITH WITNESS SIGN

ATTACHED, 0.5 M FROM A CARSONITE WITNESS POST, AND 0.3 M BELOW THE LEVEL OF

THE GROUND.

PART 2 PRODUCTS

Although listed under PART 2 PRODUCTS, due to the fact that the services of the equipment are leased by the Government, the equipment described herein remains the property of the Contractor at all times.

2.1 Airboat

The Contractor shall provide one airboat within 24 hours after receiving notice from the Contracting Officer's Representative. The airboat shall be fully operational, with operator, fuel, and shall be equipped with noise protection for passengers. The airboat shall be available from 7AM to 7PM and be capable of transporting the operator and three passengers, and shall be equipped to US Coast Guard standards for vessels of its size class.

Airboats shall not be operated in conditions where waves exceed two feet in height.

SECTION 35 20 23.23 12 Page 5

PART 3 EXECUTION

3.1 DREDGING

3.1.1 Dredging Region

3.1.1.1 Mississippi River, Southwest Pass

a. The authorized dimensions of the channel are -45 ft MLG by 750 ft bottom width from Mile 6.0 AHP to Mile 17.5 BHP, then narrowing to 600 ft wide through the jetty channel and bar channel. The Contracting Officer or his/her authorized representative may issue dredging assignments for all or portions of this dredging region. Each dredging assignment will define the dredging template to be dredged by the contractor. The dredging template will include the swing width, the side slope, the specified elevation, and the total length. The specified elevation in the dredging assignment will not exceed 6 feet below the authorized elevation and may be specified above the authorized dimensions when determined to be beneficial to the Government. Disposal areas are shown on the Contract Plates (15-1 through 15-10) attached at the end of this section. Should dike construction be necessary, an equitable adjustment in the contract price shall be made.

b. Channel material removed by hydraulic dredge from above Head of Passes to the jetty channel (Mile 6.0 AHP to Mile 19.5 BHP), shall be placed as directed by the Contracting Officer. Except as otherwise described in paragraph entitled "Burrwood Bayou Disposal Site", the material shall be used for bank restoration and/or wetland creation.

Where open water exists behind the foreshore rock dikes, in the vicinity of the area being dredged, dredged material shall be placed immediately behind the existing foreshore rock dikes. The material shall be placed up to 1-foot below the crown of the dike within a ½-foot tolerance. The Contractor will be required to build retaining dikes and spill boxes as required to contain the dredged material within these bank restoration areas. The intent is to build up the bank and reinforce foreshore dikes. Material not required for bank restoration shall be placed in shallow open water areas located within the designated disposal areas for wetland creation. While direct discharge of dredged material onto existing vegetation will not be allowed, dredged material will be allowed to overflow adjacent vegetated areas to an elevation not to exceed approximately 1-foot above the existing ground elevation. Material deposited within the disposal area shall be placed as uniformly as practicable at or below elevation +4.5-feet NAVD88. This limiting height does not apply to open water disposal areas in East Bay, Mile 7.5L BHP to 19.5L BHP for which material shall not exceed +6.0-feet NAVD88 or the areas described in paragraph c below.

c. Burrwood Bayou Disposal Site. A rock dike, with a paved navigation gap leading to East Bay, exists near the east end of the Burrwood Bayou outlet at approximate Mile 14.4-L BHP. A primary disposal site exists in the immediate vicinity of this rock dike. If used, the dredged material shall be placed adjacent to/along the interior of the Burrwood Bayou dike, on either side of the navigation channel accessing East Bay. The material placed within this area shall be placed to a maximum elevation of +5.0-feet NAVD88. The Contractor is to prevent any dredged material from entering the navigation channel. If this area has been exhausted to the Contracting Officer's Representative's satisfaction, SECTION 35 20 23.23 12 Page 6 disposal shall revert to other available disposal areas as shown on the plates.

d. The Contractor shall establish and maintain a staff gage at each discharge location and throughout each disposal area as needed in order to monitor the elevation of the material for compliance with the plans and specifications. The staff gages shall be marked at one-half foot intervals, beginning at the maximum disposal elevation and distributed throughout the disposal areas, as needed.

3.1.1.2 Dredging for West Bay Sediment Diversion Channel

a. Dedicated dredging may be mandated under this contract with disposal directly into the Westbay Sediment Diversion Channel (Mile 4.7-R AHP), in an effort to minimize flow diverted through this outlet.

The allowable borrow area for dredged material to perform this effort, as shown on the contract plates; will extend from approximate Mile 5.1 AHP to approximate Mile 2.0 AHP. From Mile 5.1 AHP to Mile 4.0 AHP, the western limit of the borrow area is 500 feet west of the Anchorage Area limit, and extends to the furthest east of either the Anchorage Area limit or the -45-foot contour. Between Mile 4.0 AHP and Mile 2.0 AHP, the western limit of the borrow area is 500 feet west of the Anchorage Area limit, and the eastern limit of available borrow will be the west edge of cut of the Southwest Pass navigation channel. Maximum borrow depth will be -50-feet MLG. The material shall not be placed higher than +5.0-feet NAVD88 (+/-0.5-feet). Initial placement of dredged material shall be on the backside of the diversion at the SPD location shown on the contract plates. Upon reaching the maximum allowable disposal height, or at the direction of the Contracting Officer's Representative, the Contractor shall move the discharge pipeline such that a continuous line of disposal embankment is constructed along the backside of the West Bay Diversion Channel alignment, tying into the existing higher bankline both north and south of the diversion. The Diversion Channel may be used for discharge pipeline access to the required discharge location.

b. The Contractor shall establish and maintain a staff gage at each discharge location and throughout each disposal area as needed in order to monitor the elevation of the material for compliance with the plans and specifications. The staff gages shall be marked at one-half intervals, beginning at the maximum disposal elevation and distributed throughout the disposal areas, as needed.

3.1.1.3 Colonial Nesting Birds

From 15 February through 15 September, a no-work distance restriction for Colonial Nesting Wading Birds may be implemented as described in Section 01 57 20.00 10, paragraph entitled "Colonial Nesting Birds".

3.1.2 Disposal of Dredged Material

The Contractor shall place dredged material only within the designated disposal areas shown on the contract plates. Dredged material shall not flow into adjacent waterways used for navigation (e.g., for recreation and commercial access). Any misplaced dredged material shall be removed at no cost to the Government. In addition to the disposal requirements specified for each dredging region, the following shall also apply as directed by the Contracting Officer.

SECTION 35 20 23.23 12 Page 7

3.1.2.1 Access Channels

No flotation access channels shall be constructed for equipment in this contract. However excavation, if required for access due to shallow waters, will be allowed from the Southwest Pass navigation channel towards the channel bankline for offloading equipment from barges as directed by the Contracting Officer. To assure the integrity of the existing foreshore dike is not endangered, no excavation shall be performed within 70' of the C/L of the dike structure. No excavation for flotation access shall be performed below -8.0' MLG and be a maximum width of 80' feet. The access channels shall be backfilled with excavated materials after the completion of all work.

3.1.2.2 Prevention of Damage

The dredged material shall be transported and deposited in such a manner as to insure that no damage will occur to growing crops, highways, levees, drainage systems, utility lines, structures, or other marked by the Contractor with conspicuous buoys or stakes. No direct discharge of dredged material shall take place within 300-feet of any existing pipeline or utility.

3.1.2.3 Corridors

a. For pipe transport and equipment access, the Contractor shall use the construction access corridors located on the plates. No excavation will be allowed for access. The Contractor shall limit all movement of pipe, marsh buggies, personnel, and other equipment to the access corridors. The Contractor shall take precautions to avoid/minimize damages to existing wetlands during access operations. As stated in paragraph entitled "Existing Structures or Utilities", the Contractor should be aware that additional utilities exist along the banklines of Southwest Pass, paralleling the navigation channel. Extreme caution shall be taken when traversing across this pipeline corridor to access disposal areas.

b. When dredging above Head of Passes (Mile 0.0), accommodations must be made to assure the safe passage of shallow draft vessels navigating the waterway.

(1) When disposing to the West, the disposal pipeline must be configured in such a fashion as to assure a minimum of 400' x 25' navigation pass accommodating North/South shallow draft traffic.

(2) When disposing to the East, to assure safe passage into and exiting Cubit's Gap, the disposal pipeline must be configured in such a fashion as to assure a minimum of 400' x 25' navigation pass accommodating shallow draft traffic. In addition, when disposing of dredged material into the East disposal areas, dredge pipeline paralleling the channel must be laid as close as practical to the bankline to minimize impacts to navigation.

This requirement can be achieved by means of a submerged pipeline, a channel crossing, or other similar means. The pipeline crossing for navigation must be clearly marked/lighted to assure safe passage of vessels.

SECTION 35 20 23.23 12 Page 8

3.1.3 Disposal Area Surveys

Before and after disposal area profiles and cross-sections shall be taken and plotted for each disposal area. Cross-sections shall extend over the anticipated limits of disposal at 500-foot intervals centered on the discharge location. As a minimum, three (3) profiles and three (3) cross-sections shall be taken. All cross-sections shall extend at least 500 feet seaward of the discharge location. All cross sections shall be taken normal to the channel centerline with readings taken every 5 feet along the cross-section. Readings shall be adjusted to the nearest 0.1-foot. Data shall be furnished to the Government in a structured XYZ ASCII format on magnetic media.

3.1.4 Location of Dredge Plant and Equipment

Plant and equipment shall not cross the channel centerline unless otherwise directed by the Contracting Officer or his/her representative (i.e. while performing work in the Western half of the channel, plant and equipment including swing anchors, buoys, anchor lines, pipelines, etc. shall not cross the channel centerline into the Eastern half).

3.1.5 Previous Dredging Contracts

Contact the contract personnel listed the beginning of the specifications for information regarding previous dredging contracts. Virgin material may be encountered when dredging below the dimensions listed for the Pilottown Anchorage Area. No soil borings have been taken specifically for this contract. However, there are soil borings in this vicinity that were taken for various other contracts. Plotted logs for these borings can be made available upon request.

3.2 RIGHTS OF WAY

a. The U.S. Army Corps of Engineers, Venice Sub-Office and Harbor will not be available to the Contractor for vehicle parking or vessel docking.

b. When working in the Delta National Wildlife Refuge (DNWR), the following Right of Way conditions shall apply:

(1) The refuge manager is the coordinating official having immediate jurisdiction and administrative responsibility for the refuge lands and property. The Contractor must notify the DNWR manager within 48 hours prior to entering the premises, moving equipment, or beginning any work. The DNWR manager, Mr. James Harris, may be reached via email at james_harris@fws.gov or by phone at (985) 882-2027 or (985) 882-2006.

(2) All refuge regulations will be in force, and the Contractor is responsible for the actions of all exploration, employees, contractors, and support personnel. Feeding wildlife is prohibited. No fishing is allowed while on location. Crewmembers can fish on their own time when properly licensed and in areas open and accessible to the general public. No pets or other animals are allowed on the refuge. Violations of applicable laws or regulations may subject the Contractor and his or her employees to prosecution under State and/or Federal laws, and put this permit in jeopardy.

SECTION 35 20 23.23 12 Page 9

(3) The failure of the United States or the Service to require strict performance of the terms, conditions, covenants, agreements, or stipulations of this permit on National Wildlife Refuge lands will not constitute a waiver or relinquishment of the right of the United States to strictly enforce thereafter such terms, conditions, covenents, agreements or stipulations which shall, at all times, continue in full force and effect.

(4) The Contractor will give the refuge manager written notice of it's intentions and scope of work and approval must be granted prior to work beginning.

(5) Firearms of any kind are prohibited on the refuge. Killing or harassing wildlife is prohibited. It is illegal to molest or destroy the home or dens of wildlife. The Contractor will have no impact to fish, wildlife, and their habitat.

(6) Littering is prohibited. The Contractor must remove all refuse each day of operations. All boats including air boats are required to have refuse containers to carry out trash daily.

(7) The refuge manager and/or staff can at any time inspect all sites used or occupied by the Contractor.

(8) Dredging, propwashing, or any other disturbance impacting vegetation or surface lands beyond the placement of sediment are not authorized. If additional work is determined to be required, an additional written request must be made and an amendment may be added if approved by the refuge manager. If any additional disturbance occurs beyond the work request, all work must cease until approval is granted.

(9) All associated construction debris must be removed and disposed of properly. If pilings are used for stabilization of barge, they must be removed when barge is moved.

(10) Any equipment, facilities, or items deemed necessary for relocation by the refuge manager for wildlife management purposes shall be performed at the expense of the Contractor.

(11) The materials used to construct and to operate any item may remain in place until the termination of the items use or the refuge managers decision to remove the item. The Contractor is responsible for removing all items placed on the refuge at their own expense.

(12) If any action of the Contractor or his agents in the exercise of rights granted by this permit result in damage to the Service's real property, the Contractor will repair such damage or make appropriate settlement with the decision made by the U.S. Fish and Wildlife Service.

(13) The use of airboats is approved when their use is deemed necessary for the efficient and expeditious completion of work associated with the approved plan of operations. Such use is restricted to the approved work zones and ingress/egress routes to the work zones. Use of airboats shall be coordinated with the DNWR Manager or their designee within 48 hours prior to entry onto the Refuge. Impacts of airboats to Refuge resources and public

SECTION 35 20 23.23 12 Page 10 use programs will be assessed and their use may be restricted if deemed necessary by the Refuge Manager or their designee.

(14) All other refuge regulations apply.

(15) The Contractor must follow all applicable State and Federal Laws.

3.3 MINIMUM PRODUCTION RATE REQUIREMENTS

a. The following table shows the minimum production rate the dredge must perform at as specified in Section 35 20 23.23, paragraph entitled "Required Production and Dredging Tolerances". Interpolation between swing widths may be used to obtain production rate values not explicitly shown.

30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH SUBMERGED PUMP

Dredge Discharge

Size (Inches)

Submerged Pump

C/L Sta. 2867+32 to Sta. 380+00, Mile 6.0 AHP to Mile 6.0 BHP

C/L Sta. 380+00 to Sta.

1094+00, Mile 6.0 BHP to

Mile 19.5 BHP

Swing Width Swing Width

200 ft. 375 ft. 200 ft. 375 ft.

30 Yes 2016 cy/hr cy/hr cy/hr cy/hr

b. If the dredge's submerged pump becomes inoperable and the Contractor elects to continue dredging, then the Contractor will be allowed 96 hours to operate without the submerged pump provided the dredge meets the minimum production rate shown on the table below and as specified in Section 35 20 23.23, paragraph entitled "Required Production and Dredging Tolerances". Interpolation between swing widths may be used to obtain production rate values not explicitly shown. For a dredge with an inoperable submerged pump, the unit price per hour for "Dredging" or "Option Dredging" shall be computed as follows:

New unit price per hour = (Original Dredging Unit Price Per Hour)x(0.754)

30 IN. INSIDE DIAMETER (ID) PUMP DISCHARGE WITH AN INOPERABLE SUBMERGED

PUMP

Dredge Discharge

Size (Inches)

Submerged Pump

C/L Sta. 2867+32 to Sta. 380+00, Mile

6.0 AHP to Mile 6.0

BHP

C/L Sta. 380+00 to Sta.

1094+00, Mile 6.0 BHP to

Mile 19.5 BHP

Swing Width Swing Width

200 ft. 375 ft. 200 ft. 375 ft.

30 Inoperable 1520 cy/hr cy/hr cy/hr cy/hr

If the submerged pump is still inoperable after the allotted 96 hours, the Contractor will be placed on 0% pay time until the dredge's

SECTION 35 20 23.23 12 Page 11 submerged pump is operable and fully immersed.

3.4 HORIZONTAL AND VERTICAL CONTROL POINTS

Horizontal and vertical control points for the work described herein are specified on the Contract Plates following this section.

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SECTION 35 20 23.23 12 Page 12