Am_0001.pdf

OM-15-127

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 Calcasieu River and Pass, 2015 Maintenance Dredging, Bar Channel Hopper Dredge Rental Contract No.

3-2015, Cameron Parish, LA (OM-15-127) is hereby amended as follow s: (See continuation pages)

THE BID OPENING DATE AND TIME IS HEREBY ESTABLISED AS TUESDAY 30 AUGUST 2016 AT 2:00 P.M.

1. CONTRACT ID CODE PAGE OF PAGES

1 43

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

16C. DATE SIGNED

BY 19-Aug-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-0049

X 9B. DATED (SEE ITEM 11)

08-Sep-2015

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

19-Aug-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-0049

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

CONTINUATION PAGE

1. General Comment: Channel Bottom Grab Sampling is no longer required. Delete all references to this requirement.

2. Standard Form 1442, Box 11: Delete “within 10 calendar days” and replace with “no later than 15 November 2016”.

3. Section 00010: Delete this section in its entirety and replace with the attached Section 00010.

4. Section 00800, paragraph 3.1.a “Delivery of Plant”: In the first sentence, delete the phrase “within 240 hours after receipt by the Contractor of the Notice to Proceed” and replace with “no later than 15 November 2016”.

5. Section 00800, paragraph 3.2.b “Prosecution, Option and Completion”: In the second sentence, delete the phrase “from 240 hours after receipt of notice to proceed by the Contractor” and replace with “no later than 15 November 2016”.

6. Section 00800, paragraph 3.3 “Contractor Performance Evaluations – Construction”: Through the paragraph, delete “Construction Contractor Appraisal Support System” and “CCASS” and replace with “Contractor Performance Assessment Reporting System” and “CPARS”, respectively. Also, in the second to last sentence, delete the current website and replace “www.cpars.gov”.

7. Section 01 35 26: Delete the Section 01 35 26 Attachments in their entirety and replace with the attached Section 01 35 26 Attachments. The MVN Forms have been replaced by the CESO Forms.

8. Section 01 57 20.00 10, paragraph 3.8.a “Sea Turtle Sightings”: Delete the point of contact for the Mobile District and replace with the following:

Mobile District Ms. Jennifer Jacobson Phone: 251-690-2724 Email: Jennifer.L.Jacobson@usace.army.mil

9. Section 01 57 20.00 10, paragraph 3.9.2.c(7) “NMFS-Approved Protected Species Observer Requirements”: Delete the link for turtle tissue sampling protocols on the USACE Jacksonville District website and replace with the following link:

http://www.saj.usace.army.mil/Portals/44/docs/Engineering/ConstructionForms/geneticsampleprotocol.pdf.

Also, delete the link for the sturgeon tissue sampling protocol on the NMFS SERO PRD website and replace with the following link: http://www.nefsc.noaa.gov/nefsc/publications/tm/tm215/tm215.pdf.

10.. Section 01 57 20.00 10, paragraph 3.12.1 “Government Option”: Add the following sentence to the end of the paragraph: “If dredging operations cease for a period of 12 hours or more, relocation trawling shall be conducted for a minimum of 4 hours prior to resumption of dredging operations.”

11. Section 01 57 20.00 10, paragraph 3.12.4 “Trawling Requirements”: In the third sentence of the second paragraph, delete “not to exceed 42-minutes” and replace with “not to exceed 30-minutes”.

12. Section 01 57 20.00 10, paragraph 3.12.8.1 “Handling”: Add the following sentence to the end of the paragraph: “Sea turtles and sturgeon may also be carefully transferred to another vessel for transportation to the release location to enable the relocation trawler to continue sweeping the dredging site.”

13. Section 01 57 20.00 10, paragraph 3.13 “Partial List of NMFS-Approved Protected Species Observers”: Add the following as an additional NMFS-Approved Protected Species Observers:

CSA Ocean Services Teresa V. Bohuszewicz 8502 SW Kansas Ave.

Stuart, FL 34997 Office: 772-219-3000, Cell: 321-537-3291, Fax: 772-219-3010 tvb@conshelf.com www.csaocean.com

14. Section 01 57 20.00 10: Add the attached paragraph 3.16 entitled “Operations and Dredging Endangered Species System Program (ODESS)” to the end of this section.

15. Section 35 20 23.23, paragraph 1.2.2.1.i “35% Pay Time Hours”: Add the following sentences to the end of subparagraph (1): “If the Contractor elects to go to a lay-up or supply point, the reduced rate will start at the point of where a dredging cycle is interrupted and will resume at the exact same cycle point. If a load has just been dumped and the Contractor elects to go to a lay-up or supply point, then the reduced rate will continue until dredging resumes on the next load.”

16. Section 35 20 23.23, paragraph 1.2.2.1.j “21% Pay Time Hours”: Add the following sentences to the end of subparagraph (1): “If the Contractor elects to go to a lay-up or supply point, the reduced rate will start at the point of where a dredging cycle is interrupted and will resume at the exact same cycle point. If a load has just been dumped and the Contractor elects to go to a lay-up or supply point, then the reduced rate will continue until dredging resumes on the next load.”

17. Section 35 20 23.23, paragraph 1.2.2.1.k “0% Pay Time Hours”: Add the following sentences to the end of subparagraph (2): “The reduced rate will start at the point of where a dredging cycle is interrupted and will resume at the exact same cycle point. If a load has just been dumped and the Contractor elects to go to a lay-up or supply point, then the reduced rate will continue until dredging resumes on the next load.”

18. Section 35 20 23.23, paragraph 1.2.2.1.k “0% Pay Time Hours”: Add the following sentences to the end of subparagraph (3): “The reduced rate will start at the point of where a dredging cycle is interrupted and will resume at the exact same cycle point. If a load has just been dumped and the Contractor elects to go to a lay-up or supply point, then the reduced rate will continue until dredging resumes on the next load.”

19. Section 35 20 23.23, paragraph 3.1.c “Location and Description of Work”: Add the following phrase to the end of the second sentence: “through an independent survey to be obtained by the Contractor”.

20. Section 35 20 23.23, paragraph 3.10 “List of Utilities”: Delete this paragraph in its entirety and replace with the attached paragraph 3.10 “List of Utilities”.

21. Section 35 20 23.23: Attachment entitled “Calcasieu River and Pass Maintenance Dredging Bar Channel Hopper Dredge Rental Cameron Parish, Louisiana Plate 3 of 3”: Change the owner for the 30" gas pipeline at Sta. 1188+49 from “ANR TransCanada” to “Kinetica Partners”.

22. Section 35 20 23.26, paragraph 3.3 “Performance Requirements”: In the last sentence, delete “$4,817” and replace with “$5,051”.

Calcasieu River Bar Channel HDR 3-2015 OM15127

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

1.2 BID FORM NOTES

1.3 BIDDING

1.4 EVALUATION OF BIDS

1.5 CONDITIONS OF CONTRACT AWARD

1.6 BIDDER QUALIFICATIONS

1.7 PRE-AWARD INSPECTION OF PLANT

1.8 OPTION ITEMS

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 00010 Page 1

Section 00010

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

SECTION 00010 - BIDDING SCHEDULE

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT ONE, 38 in. Inside Diameter (ID) Pump Suction, 12,430 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

448 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

448 Hour XXXXXXXX

Total: LOT ONE BID

SECTION 00010 Page 2

SECTION 00010 - BIDDING SCHEDULE

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT TWO, 33.5 in. Inside Diameter (ID) Pump Suction, 9,400 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

590 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

590 Hour XXXXXXXX

Total: LOT TWO BID

SECTION 00010 Page 3

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT THREE, 33.5 in. Inside Diameter (ID) Pump Suction, 6,300 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

671 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

671 Hour XXXXXXXX

Total: LOT THREE BID

SECTION 00010 Page 4

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT FOUR, 31.5 in. Inside Diameter (ID) Pump Suction, 6,540 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

797 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

797 Hour XXXXXXXX

Total: LOT FOUR BID

SECTION 00010 Page 5

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT FIVE, 30 in. Inside Diameter (ID) Pump Suction, 4,815 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

790 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

790 Hour XXXXXXXX

Total: LOT FIVE BID

SECTION 00010 Page 6

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT SIX, 28 in. Inside Diameter (ID) Pump Suction, 4,000 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

836 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

836 Hour XXXXXXXX

Total: LOT SIX BID

SECTION 00010 Page 7

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT SEVEN, 27 in. Inside Diameter (ID) Pump Suction, 3,600 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

914 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

914 Hour XXXXXXXX

Total: LOT SEVEN BID

SECTION 00010 Page 8

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT EIGHT, 26 in. Inside Diameter (ID) Pump Suction, 4,000 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

1076 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1076 Hour XXXXXXXX

Total: LOT EIGHT BID

SECTION 00010 Page 9

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT NINE, 27 in. Inside Diameter (ID) Pump Suction, 3,700 cy Nominal Hopper Capacity, 2 Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

1120 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1120 Hour XXXXXXXX

Total: LOT NINE BID

SECTION 00010 Page 10

CALCASIEU RIVER AND PASS, 2015 MAINTENANCE DREDGING

BAR CHANNEL HOPPER DREDGE RENTAL CONTRACT NO. 3-2015

CAMERON PARISH, LOUISIANA

SOLICITATION NO. W912P8-15-B-0049

LOT TEN, 28 in. Inside Diameter (ID) Pump Suction, 4,350 cy Nominal Hopper Capacity, 1 Dragarm and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge

1382 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1382 Hour XXXXXXXX

Total: LOT TEN BID

SECTION 00010 Page 11

1.2 BID FORM NOTES

a. Bidders shall bid on all items including optional items. Failure to bid on all items will result in a non-responsive bid.

b. Bidders shall use the Item No. 0002 unit price to compute Item Nos.

0002 and 0003 total prices.

c. Any bid may be rejected if the Contracting Officer or his/her authorized representative determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the bid, but the prices 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 "Proposal Analysis Techniques" FAR 15.404-1(g)(3)).

d. 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 after verification of acceptable performance and payment bonds. Within two days after issuance of 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 Program, 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.

e. RAPID VENDOR PAYMENT: See the following web based instructions for the submission of invoices;

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

f. The unit "Job" is a one-time payment for work performed. "Job" is synonymous with the previously used term "lump sum".

1.3 BIDDING

a. The bidder must select only one bid lot, determined by the class of dredge intended to be used. Bids which are submitted on an inappropriate bid lot will be declared non-responsive.

b. Bidders shall furnish unit prices for all items listed on the schedule of bid items that require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items but does furnish an extended total or an estimated amount for such items, the Government will deem the unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY REQUIRED ITEM, THE BID WILL BE DECLARED

NON-RESPONSIVE.

1.4 EVALUATION OF BIDS

a. To provide fair competition between dredges of different production rate and capacity, the required dredging quantities and any optional dredging quantities are based on an estimated quantity of shoal material, and on the tested production rate of each dredge class.

b. Award will be made to that responsible Bidder presenting the

SECTION 00010 Page 12 lowest-priced responsive bid in response to this solicitation, regardless of the bid lot used.

c. The hourly quantity shown on the bid lots for Bid Items designated as "Dredging" are 100% pay time hours. The actual calendar duration of the contract may vary as a result of fractional pay time. Refer to Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items" for additional information.

1.5 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, Section 19, "Floating Plant and Marine Activities" shall be complied with at all times. NOTE: All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 "Army Corps of Engineers Safety and Health Requirements Manual", latest edition.

b. The Government may award the contract at the total bid price, comprised of the base items and option item(s); however, the Government will not be obligated to exercise any option item(s).

c. The number of rental time hours for each bid lot of the bidding schedule are estimated quantities. The dredge and attendant plant will be retained for an approximate number of days according to the table below starting no later than 15 November 2016.

SECTION 00010 Page 13

APPROXIMATE HOPPER DREDGE

CONTRACT DURATION

(BASE PLUS OPTION)

Bid Lot Pump Inside Dia. (inches)

Hopper Size (Cubic Yards)

Number of Dragarms

Approximate Number of Rental Days

1 38 12430 2 81

2 33.5 9400 2 94

3 33.5 6300 2 102

4 31.5 6540 2 113

5 30 4815 2 112

6 28 4000 2 117

7 27 3600 2 124

8 26 4000 2 139

9 27 3700 2 143

10 28 4350 1 167

d. The bidder must be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects, no later than 15 November 2016.

1.6 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is responsible and entitled to award of the contract, by certifying that its dredge meets the appropriate production rate, as listed in the table in Section 35 20 23.23, paragraph entitled "Dredge Plant". The dredge must perform at or above the listed production rate at least 85% of the time, as established by other contracts completed within three years prior to the bid opening date of this solicitation. Failure to establish an adequate capability will result in a finding of non-responsibility.

b. A bidder may be rejected as non-responsible if it cannot show the necessary capital, experience, or equipment needed to perform the work described under this solicitation (see "Responsible Prospective Contractors" FAR 9.1). The bidder must also show that the dredge and attendant plant is not already obligated for the performance of other work that would delay commencement, performance, and completion of the solicited work; and must show that delivery of the dredge and attendant plant to the site of work can be made within the time allowed in the specifications.

c. Bidders must register in the System for Award Management (SAM) database in accordance with FAR 52.204-7 and DFARS 252.204-7004 Alt A.

SECTION 00010 Page 14

1.7 PRE-AWARD INSPECTION OF PLANT

a. The apparent low bidder shall make the dredge and attendant plant available for inspection, to determine compliance with these specifications, as soon as practicable after bids are opened, and prior to contract award. If deficiencies are found during the inspection, the bidder will be notified in writing, which may be transmitted by email or facsimile. Upon receipt of such notice, the bidder shall correct all deficiencies at least two calendar days in advance of the projected contract award date.

b. Two calendar days before the projected award date, or upon notification by the bidder that the deficiencies have been corrected, a Government representative will re-inspect the dredge and attendant plant. If at that time the dredge and attendant plant do not meet the requirements of these specifications, the bidder will be rejected as non-responsible.

c. The Government may choose to waive the pre-award inspection if the projected contract award date is less than five calendar days after the bid opening date. Waiver of the pre-award inspection does not relieve the bidder from the requirement to provide a dredge and attendant plant in full compliance with the specifications.

1.8 OPTION ITEMS

a. The Government may require the delivery of, in whole or part, any Option Items. The Government may exercise an Option Item by written notice to the Contractor. If the Government activates the Option Item, the activation will occur while the Contractor's equipment is in the work vicinity as described in the applicable Dredging Region Section(s). If "Option Dredging" Item work is exercised, it shall be performed as a continuance of "Dredging" Item work, which shall be activated first.

b. No additional mobilization/demobilization will be paid to the Contractor for Option Item work performed within the work region. The Contractor shall commence performance of optional work no more than 3 calendar days after the time the Contractor receives the Government's Notice to Proceed with the optional work.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 15

Item Description Yes No N/A

1. Signature sheet

a. Includes the name, signature, and title of the Plan Preparer (Qualified person, i.e. corporate safety staff person, QC )

b. Includes the name, signature, and title of the Plan Approver (e.g. owner, company president, regional vice president ) (HTRW activities require approval of a Certified Industrial Hygienist, a Certified Safety Professional may approve the plan for operations involving UST removal where contaminants are known to be petroleum, oils, or lubricants).

c. Includes the name(s), signature(s), and title(s) for Plan Concurrence (provide concurrence of other applicable corporate and project personnel (contractor)) (e.g. Chief of Operations, Corporate Chief of Safety, Corporate Industrial Hygienist, project manager or superintendent, project safety professional, project

QC. )

2. Background information

a. Includes the Contractor Name.

b. Includes the Contract Number.

c. Includes the Project Name.

d. Includes the Brief Project Description.

e. Includes the Location of the Project (map).

f. Includes the Contractor Accident Experience (Copy of OSHA

g. Includes the Listing of Phases of Work and Hazardous Activities Requiring an Activity Hazard Analyses (AHA).

3. Statement of Safety and Health Policy. Includes a copy of the corporate safety policy. (In addition to the corporate policy statement, a copy of the corporate safety program may provide a portion of the information required by the accident prevention

4. Responsibilities and Lines of Authorities

a. Includes the identification and job responsibilities of personnel responsible for safety - at both corporate and project level – including their resumes.

b. Includes the lines of authority.

CESO Form A-02 Sep 13

Remarks (Any NO or N/A item)

Form A-02 U.S. Army Corps of Engineers

Accident Prevention Plan Checklist

Date of Inspection

Location (Plant or Facility) Contract Number

Contractor Name Project Name

Inspector Name (Print) Inspector Signature

This checklist serves as a guide only, it does not replace or eliminate the need to comply with the requirements set forth in Engineering Manual 385-1-1, Safety and Health Requirements Manual, dated XX Sept 2014. The references included in this checklist correspond to the applicable sections of EM 385-1-1.

Section 01 35 26 Attachments

Section 01 35 26 Attachment

5. Training

a. Includes the list of subjects to be discussed with employees at safety indoctrination.

b. Includes the list of mandatory training and certifications applicable to this project (e.g., explosive actuated tools, confined space entry, crane operator, diver, vehicle operator, HAZWOPER training and certification, PPE ) and any requirements for periodic retraining / recertification.

c. Includes the identity requirements for emergency response training.

d. Includes the outline requirements (who attends, when given, who will conduct, etc. ) for supervisory and employee safety

6. Safety and Health Inspections

a. Includes the name(s) of individual(s) responsible for conducting safety inspections. (e.g., PM, safety professional, QC, supervisors, employees )

b. Includes proof of inspector's training / qualifications.

c. Indicates when inspections will be conducted.

d. Furnished sample forms upon which inspections will be recorded.

e. Indicates deficiency tracking system and follow-up procedures.

f. Includes the names of competent and / or qualified person(s) and proof of competency / qualification to meet specific OSHA competent / qualified person(s) requirements.

g. Includes any external inspections / certifications which may be required. (e.g., US Coast Guard )

7. Safety and Health Expectations, Incentive Programs, and Compliance

a. Includes the company's written safety program goals, objectives, and accident experience goals.

b. Includes a brief description of the company's safety incentive programs (if any ).

c. Includes the policies and procedures regarding noncompliance with safety requirements (to include disciplinary actions for violation of safety requirements).

d. Includes the written company procedures for holding managers and supervisors accountable for safety.

8. Mishap Reporting

a. The plan identifies how, when, and who shall complete the Exposure data (man-hours worked).

b. The plan identifies how, when, and who shall complete mishap investigations, reports, and logs.

c. The plan identifies how, when, and who shall make immediate notification of major mishaps.

CESO Form A-02 Sep 13

Remarks (Any NO or N/A item)

Form A-02 U.S. Army Corps of Engineers

Accident Prevention Plan Checklist (cont’d)

Date of Inspection

9. Plans (Programs, Procedures) required by the Safety Manual

a. Fatigue Management Plan (01.A.20)

b. Emergency response plans:

(1) Procedures & Test (01.E.01)

(2) Spill Plans (01.E.01, 06.A.02)

(3) Fire Fighting Plan (01.E.01; 19.A)

(4) Posting of Emergency Telephone Numbers (01.E.05)

(5) Man overboard/abandon ship (19.A.04)

(6) Medical Support. Outline on-site medical support and off-site medical arrangements including rescue and medical duties for those employees who are to perform them, and the name(s) of on-site Contractor personnel trained in first aid and CPR. A minimum of two employees shall be certified in CPR and first-aid per shift/site (Section 03.A; 03.D)

c. Plan for prevention of alcohol and drug abuse (01.C.02)

d. Site Sanitation Plan (Section 02.B)

e. Medical Support Plan, (03.A.01; 03.A.06; 03.D)

f. Bloodborne Pathogen Plan (03.A.05)

g. Exposure Control Plan (03.A.05)

h. Site Layout Plan (04.A)

i. Access/Haul road Plan (04.B)

j. Hearing Conservation Program (05.C)

k. Respiratory Protection Plan (05.G)

l. Health Hazard Control Program (06.A)

m. Process Safety Management Plan (06.B.04)

n. Lead Abatement Plan (06.C & Specs)

o. Asbestos Abatement Plan (06.C & Specs)

p. Radiation Safety Program (06.F)

q. Abrasive Blasting Plan (06.I)

r. Heat/Cold Stress Monitoring Plan (06.J)

s. Indoor Air Quality Management Plan (06.L)

t. Mole Remediation Plan (06.L.04)

u. Chromium (VI) Exposure Evaluation (06.M)

v. Crystalline Silica Assessment (06.N)

w. Lighting Evaluation (07.A)

x. Lighting Plan for Night Operations (07.A.09) CESO Form A-02 Sep 13

Form A-02 U.S. Army Corps of Engineers

Accident Prevention Plan Checklist (cont’d)

Date of Inspection

Based on a risk assessment of contracted activities and on mandatory OSHA compliance programs, the Contractor shall address all applicable occupational risks and compliance plans. Using the EM 385-1-1 as a guide, plans may include but not be limited to:

Remarks (Any NO or N/A item)

9. Plans (Programs, Procedures) continued.

y. Traffic Control Plan (08.C.05)

z. Fire Prevention Plan (09.A.01)

aa. Wild Land Fire Management Plan (09.L)

bb. Arc Flash Hazard Analysis (11.B)

cc. Assured Equipment Grounding Control Program (AEGCP), (11.D.05, App D)

dd. Hazardous Energy Control Plan, (12.A.01)

ee. Standard Pre-Lift Plan (LHE) (16.A.03, 16.L.15)

ff. Critical Lift Plan – LHE (16.H)

gg. Naval Architectural Analysis (16.L)

hh. Contingency Plan for Severe Weather (19.A.03)

ii. Man Overboard/Abandon Ship (19.A.04)

jj. Float Plan (19.F.04)

kk. Fall Protection Program, (21.D);

ll. Demolition/Renovation Plan (to include engineering survey), (23.A.02)

mm. Rope Access Program, (24.H.02)

nn. Excavation/Trenching Plan, (25.A.01)

oo. Underground construction fire prevention and protection Plan, (26.D.01)

pp. Compressed Air Plan, (26.I.01)

qq. Formwork and Shoring Erection and Removal plan, (27.C)

rr. PreCast Concrete Plan, (27.D) ss Lift. slab plans, (27.E)

tt. Masonry Bracing Plan, (27.F.01)

uu. Steel Erection Plan, (28.B)

vv. Explosives Safety Site Plan (ESSP) (29.A)

ww. Blasting Plan, (29.A; 26.J)

xx. Underwater Dive Operations Plan, (30.A.14, 16, )

yy. Tree Felling/Maintenance Program, (31.A)

zz. Aircraft/Airfield Construction Safety & Phasing Plan, (32.A.02) aaa. Site Safety and Health Plan (HTRW), (33.B) bbb. Confined Space Entry Program, (34.A.06, 07)

10. Risk Management Processes. Detailed project-specific hazards shall be identified and controls provided via Activity Hazard CESO Form A-02 Sep 13

Form A-02 U.S. Army Corps of Engineers

Accident Prevention Plan Checklist (cont’d)

Date of Inspection

Based on a risk assessment of contracted activities and on mandatory OSHA compliance programs, the Contractor shall address all applicable occupational risks and compliance plans. Using the EM 385-1-1 as a guide, plans may include but not be limited to:

Remarks (Any NO or N/A item)

Other Remarks:

CESO Form A-02 Sep 13

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

NOTES:

1. CONTRACTOR SHALL CONSTRUCT AND MAINTAIN A DURABLE

SIGN AS SHOWN.

2. WOOD IN CONTACT WITH GROUND SHALL BE TREATED LUMBER.

3. ALL EXPOSED SURFACES SHALL BE WHITE HOUSE PAINT.

4. LETTERING SHALL BE BLACK.

5. ENGINEER CASTLE SHALL BE RED. DECALS FURNISHED BY

GOVERNMENT MAY BE USED IN LIEU OF DETAIL.

3.16 OPERATIONS AND DREDGING ENDANGERED SPECIES SYSTEM PROGRAM (ODESS)

3.16.1 Monitoring Endangered Species

Maintenance of US waterways for navigation is essential for national and international trade, job creation, and national security as well as for hydropower, flood protection, municipal water supply, agricultural irrigation, recreation, and regional development.

Typically, cutterhead pipeline, hopper, and mechanical dredges are used to maintain navigation depths in these channels and to construct new waterways. However, hopper dredging in the southeastern US potentially impacts five species of threatened or endangered sea turtles (Kemp's ridley, leatherback, loggerhead, green, and hawksbill) and sturgeon.

To monitor these impacts and assist in the evaluation of these data, the US Army Corps of Engineers (USACE) Engineer Research and Development Center (ERDC) created the Sea Turtle Data Warehouse (STDW) in 1992. The database was designed as a central repository for current and historical data on impacted sea turtles.

In 2014 the US Army Corps of Engineers, National Dredging Quality Management Program (DQM), at the request of USACE Headquarters (HQUSACE), partnered with ERDC; the US Army Corps of Engineers, Mobile District, Spatial Data Branch (CESAM-OP-J) and Bowhead to develop a new and enhanced STDW database and website. This new Program is referred to as the Operations & Dredging Endangered Species System (ODESS) Program. The use of ODESS will facilitate enhanced monitoring and data collection, enable faster transmittal of information, and meet threatened and endangered species reporting requirements to the National Marine Fisheries Service

(NMFS).

In order to monitor dredging impacts on threatened and endangered aquatic species, the dredge shall be equipped with a dedicated tablet computer running ODESS software to track and document the presence of sea turtle, sturgeon, and marine mammal species during dredging operations.

The ODESS system, which consists of a tablet computer with an Internet connection, shall be a standalone system, exclusive to other systems, and shall have USACE ODESS data collection and reporting software, referred to as the ODESS Field Collector (FC) tool, installed by USACE ODESS support personnel. In the event hardware or software problems prevent the storage or transmission of the collected data, paper copies of the latest ODESS forms and information shall be maintained and submitted to ODESS Support and the USACE Inspector or Contracting Officer according to the schedule outlined in the contract specifications.

3.16.2 Observer Qualifications and Training

Prior to the initiation of the project, observers shall be familiar with the operation of the ODESS FC tool and proficient in its use so as to be able to prepare and transmit the results of their observations. ODESS system webinar training can be requested by contacting ODESS Support at ODESS@usace.army.mil or 1.877.840.8024.

Depending on the target audience (observer, dredging Contractor, USACE District personnel, or other Federal agencies), ODESS training could, in addition to the webinar training, consist of demonstrating the steps

Section 01 57 20.00 10, paragraph 3.16 "Operations and Dredging Endangered Species System Program (ODESS)" involved in setting up the FC tool on the dredge, loading observer-collected data and attachments into the FC tool, submitting these data and attachments to the ODESS database, and/or navigating around the ODESS public website to view and pull down data and/or decision-making information for later analysis.

3.16.3 Observer Data Collection and Reporting

Observers shall record the results of the threatened and endangered species monitoring (described in the paragraph entitled "Endangered Species Protection") in the ODESS system by filling in the appropriate electronic forms on the ODESS FC tool and transmitting the data to the ODESS database.

If there is an issue with recording data straight to the FC tool due the logistical nature of how the observer is collecting this data, paper copies of these forms can be downloaded from the ODESS public website (http://dqm.usace.army.mil/odess/#/download) and later entered into the FC tool when the observer has the best opportunity.

Observers are required to use the FC tool to send all incident attachments and any necessary documentation (i.e., pictures, etc). Do not send attachments via personal email unless the FC tool is unavailable. Also, the paper forms, if needed, should be used as either a "scratch pad" for data collection notes or used any time the FC tool becomes unavailable. The FC tool is the primary means of observer data collection and reporting not the paper forms. It is not required to scan, attach and submit a copy of the load and incident paper forms as part of the electronic incident record unless it is needed to support the electronic incident record (e.g., species diagram markups).

3.16.3.1 Start of the Project

Prior to the start of dredging, observers shall verify that the ODESS FC tool is installed and operational on a dredge's dedicated tablet computer and that a viable Internet connection is available. In addition, before a project is initiated, on the ODESS FC tool homepage observers shall retrieve (or "pull down") project-specific information from the ODESS database and perform a one-time setup of the dredging project by establishing the dredge name and time zone.

3.16.3.2 During the Project

The following forms shall be used in the FC tool and submitted to the ODESS database at the indicated reporting frequency.

a. Load Data Form - Observers shall complete the Load Data Form, including a description of screen contents and sea conditions, based on their observations. This form shall be completed and transmitted to the ODESS database for each load. At the end of each observer shift, or when an Internet signal is available (not to exceed 24 hours from the start of the shift), the observer shall submit all of his/her Load Data Forms. If this is not possible due to hardware or software problems, the observer shall revert to email submission of the forms to ODESS@usace.army.mil.

b. Sea Turtle Incidental Data Form - If a sea turtle or its remains are identified during a load inspection, after the appropriate parties are notified (according to the requirements identified in the endangered species compliance section of the contract specification), a Sea Turtle Incidental Data Form shall be completed and submitted to the ODESS database as soon as possible (not to exceed 12 hours after the incident). Any applicable documentation (scanned copies of the paper observer load and incident forms, species photos, etc.) shall be included as electronic attachments (.JPG or .PDF) and submitted using the FC tool.

c. Sturgeon Incidental Data Form - If a sturgeon or sturgeon parts are identified during a load, after the appropriate parties are notified (according to the requirements identified in the endangered species compliance section of the contract specification), a Sturgeon Incidental Data Form shall be completed and submitted to the ODESS database as soon as possible (not to exceed 12 hours after the incident). Any applicable documentation (scanned copies of the paper observer load and incident forms, species photos, etc.) shall be included as electronic attachments (.JPG or .PDF) and submitted using the FC tool.

d. Marine Mammal Observation Data Form - If a large whale is observed, both the Dredge Load and the Marine Mammal Observation Data Forms shall be completed and submitted (not to exceed 12 hours after the observation) to ODESS Support at ODESS@usace.army.mil consistent with the endangered species compliance section (described in the paragraph entitled "Endangered Species Protection").

3.16.3.3 End of the Project

At the completion of project, the dredging Contractor shall coordinate with a designated USACE district QA/QC point of contact (POC) to determine whether electronic or paper copies of all applicable observer paper forms will be submitted for the project. Information previously entered on the Post Hopper Dredging Checklist will be available on the ODESS public website (http://dqm.usace.army.mil/odess) for the dredging project.

3.16.4 Hardware Requirements

The dredge shall be equipped and the Contractor is responsible for an ODESS hardware system consisting of a tablet computer, wireless keyboard, wireless mouse and data modem (or equivalent onboard internet connection) along with a proper tote bag and setup location for the afore mentioned hardware components. If a hardware problem occurs, or if a part of the system is physically damaged, the Contractor shall be responsible for repairing it within 48 hours of determination of the condition. The Contractor shall also keep ODESS personnel updated on the status of the onboard ODESS system and the progress of any repairs.

3.16.4.1 Computer

The Contractor shall provide a dedicated onboard tablet computer for use by the observers and shall have ODESS software installed on it prior to project initiation. This computer shall be located and oriented to allow data entry and data viewing. It must meet or exceed the following specifications:

Tablet Hardware Component

Specification

CPU Intel or AMD processor with a (non-overclocked) clock speed of at least

2.4 gigahertz (GHz)

Hard Disk 128 gigabytes (GB); solid state internal storage

RAM 4 gigabytes (GB)

Network Adapter Internal wired or wireless network hardware to match internet connection

Video Adapter Support for 1024x768 resolution at 16-bit color depth

Display >= 10.8 in.

Integrated Camera 2MP HD webcam (front); 8MP (back)

Ports 1 free USB port

3.16.4.2 Internet Access

The Contractor shall maintain an Internet connection capable of transmitting data to the ODESS database. The telemetry system shall always be available and have connectivity in the contract area. If connectivity is lost, unsent data shall be stored locally within the FC tool and transmitted upon restoration of connectivity. The Contractor shall acquire and install all necessary hardware and software to make the Internet connection available for data transmission to the ODESS database. The hardware and software must be configured to allow remote access to the computer by USACE ODESS personnel. Coordination between the dredging company's IT and ODESS Support may be required in order to configure remote access though any security, firewall, router, and telemetry systems.

Telemetry systems must be capable of meeting these minimum reporting requirements in all operating conditions.

3.16.5 Software Requirements

ODESS personnel shall be responsible for installing and testing all ODESS software tools on the dedicated onboard ODESS tablet computer. No other software which conflicts with the ODESS function of recording and transmitting data shall be installed on the tablet computer. The Contractor shall be responsible for installing and/or maintaining any necessary manufacturer-provided software for the installed hardware. If any software problem occurs, the Contractor shall contact ODESS Support at ODESS@usace.army.mil or 1.877.840.8024.

The ODESS tablet computer shall have the following minimum software installed in support of the ODESS system.

Software Component Specification

Operating System Windows 10, Contractor-installed

Browser Chrome, Internet Explorer, Contractor-installed (Latest version recommended. Chrome is preferred.)

ODESS Software Field Collector (FC) tool, USACE ODESS Support-installed

Remote Access Software

Team Viewer, USACE ODESS Support-installed

3.10 LIST OF UTILITIES

3.10.1 Calcasieu River Bar Channel

Utility Dia.

(inches)

Station (C/L)

Elevation (feet) MLG

Owner and Telephone Number

8" Gas/Condensate

Pipeline

Disposal Area

Site No. 1

Unknown Virgin Offshore, U.S.A Attn: Rick Shelby

400 Poydras St, Suite 1812 New Orleans, LA 70130

Lori Montecino 504-258-2155 lorimontecino@gmail.com

Patrick "Rick" Shelby 504-434-6713 rick.shelby@kellyhart.com

16" Gas Pipeline

Disposal Area

Site No. 1

Unknown Williams Gas Pipeline - Transco 5564 Gulf Beach Hwy Cameron, LA 70631

Phillip Young 337-569-7670, 337-263-3372 phil.young@williams.com

Ron Joseph 281-895-5315 ron.joseph@williams.com

6" Gas Pipeline

(Abandoned)

Disposal Area

Site No. 1

Unknown Williams Gas Pipeline - Transco (see above)

8" Bulk Gas Pipeline

Disposal Area

Site No. 1

Unknown Fieldwood Energy 2014 W. Pinhook Rd, Suite 800

Lafayette, LA 70508

Hal Ramsey 337-354-8004, 337-257-2964 hal.ramsey@fwellc.com

4" Bulk Gas Pipeline

(Abandoned)

Disposal Area

Site No. 1

Unknown Fieldwood Energy (see above)

Section 35 20 23.23, paragraph 3.10 "List of Utilities"

Utility Dia.

(inches)

Station (C/L)

Elevation (feet) MLG

Owner and Telephone Number

12" Gas/Condensate

Pipeline

407+68 Unknown Stingray Pipeline Company 4918 Gulf Beach Hwy Cameron, LA 70631

Barry Badon 337-569-2286, ext. 89006, 409-289-0323 barry.badon@mcpoperating.com

Mike Faulk 337-569-2286, ext. 89009

Michael.Faulk@mcpoperating.com

12.75" Gas Pipeline

901+81 Unknown Targa Resources 810 Lowry Hwy

Lake Arthur, LA 70549

Tim Touchet 337-774-2995, ext. 18, 337-224-7687 ttouchet@targaresources.com

16" Gas Pipeline (Abandoned and Capped)

1105+25 Unknown Tennessee Gas Pipeline 15449 Parish Line Rd

Kinder, LA 70648

Rick Sellers 337-738-6144, 281-520-7584 rick_sellers@kindermorgan.com

30" Gas Pipeline

1188+49 Unknown Kinetica Partners, LLC 224 Aviation Rd Houma, LA 70363

Kurt Cheramie 985-223-6165, 985-209-2283 kurt.cheramie@kineticallc.com

24" Gas Pipeline

1274+72 Unknown Stingray Pipeline Company (see above)

Utility Dia.

(inches)

Station (C/L)

Elevation (feet) MLG

Owner and Telephone Number

8" Gas Pipeline

(Abandoned)

Approx.

1408+54

Unknown W&T Offshore 9 Greenway Plaza, Suite 300

Houston, TX 77046

Antoine Gautreaux 713-624-7274 agautreaux@wtoffshore.com

Steve Freeman 713-624-7308 sfreeman@wtoffshore.com

20" Gas/Condensate

Pipeline

1450+49 Unknown Kinetica Partners, LLC (see above)