Am__0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers 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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

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

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

1 18

0001 Feb 17, 2017 OM-17-275

U.S. Army Corps of Engineer District, New Orleans Attn: CEMVN-CT-E 7400 Leake Avenue, Room 184 New Orleans, LA 70118

U.S. Army Engineer District, New Orleans Attn: CEMVN-CT-E 7400 Leake Ave., Room 184 New Orleans, LA 70118

W912P8-17-B-0003

11/16/2016

The above numbered solicitation for 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. 1-2017, Plaquemines Parish, Louisiana hereby amended as follows: (See Continuation Pages)

BID OPENING DATE ESTABLISHED:

BID OPENING DATE OF THURSDAY, 23 FEBRUARY 2017 AT 11:00 A.M.CST.

Melissa A. Vaughn

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

2. Section 00010, Paragraph 1.4 “Conditions of Contract Award”: In the “Approximate Cutterhead Dredge Contract Duration” table in subparagraph c, delete “116” and replace with “163”.

3. Section 01 35 26, Paragraph 1.11 “Hurricane Plan”: After the second sentence, add the following sentences: “Work being performed to satisfy the Hurricane Plan will not be measured for payment.

Payment for all work associated with the Hurricane Plan and providing the equipment required shall be distributed throughout the existing bid items.”

4. Section 35 20 23.23, Paragraph 3.2.1.c “Dredge Performance Indicators”: In Item (4), delete “Mean Low Gulf (MLG)” and replace with “Mean Lower Low Water (MLLW)”.

5. Section 35 20 23.23 12, Paragraph 1.3 “Existing Structures or Utilities”: Add the end of the paragraph, add following sentence: “To adjust the utility and structure elevations from MLG to MLLW, the Contractor shall use the conversion 0.0’ MLLW = 3.5’ MLG.”

6. Section 35 20 23.23 12, Paragraph 3.1.1.1 “Mississippi River, Southwest Pass”: In the first sentence of subparagraph a, delete “authorized dimensions of the channel are -45 ft MLG” and replace with “authorized dimensions of the channel (adjusted to MLLW) are -48.5 ft MLLW”.

7. Section 35 20 23.23 12, Paragraph 3.1.1.2 “Dredging for West Bay Sediment Diversion Channel”: In the fifth sentence of subparagraph a, delete “-50-feet MLG” and replace with “-53.5 feet MLLW”.

8. Section 35 20 23.23 12, Paragraph 3.1.2.1 “Access Channels”: In the fourth sentence, delete “-8.0’ MLG” and replace with “-8.0’ NAVD88”.

9. Section 35 20 23.23 12, Paragraph 3.2 “Rights of Way”: Delete this paragraph in its entirety and replace with the attached paragraph 3.2 entitled “Rights of Way”.

10. Section 35 20 23.23 12, Paragraph 3.3 “Minimum Production Rate Requirements”: Delete this paragraph in its entirety and replace with the attached paragraph 3.3 entitled “Minimum Production Rate Requirements”.

11. Section 35 20 23.23 12, Plates 17-1 through 17-10: Delete these plate in their entirety and replace with the attached Plates 17-1 through 17-10.

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. 1-2017

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P8-17-B-0003

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.

1350 HOUR

Option

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

1350 HOUR XXXXXX

Option

DREDGE TOWING SERVICE 25 MILE

Option

BIRD NESTING PREVENTION

AND AVOIDANCE MEASURES

135 DAY

TOTAL:

*SEE BID FORM NOTES

Section 35 20 23.23 12, Paragraph 3.2 “Rights of Way”

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. Special Permit Conditions - A special permit has been obtained from the US Fish and Wildlife Service for work on the Delta National Wildlife Refuge (DNWR), along the eastside of the Mississippi River and north of Pass A Loutre. All work must be completed in accordance with the contract plates and specifications, including all special permit conditions. The Contractor shall comply with the following special permit conditions:

1. The Right of Entry is valid through December 31, 2017.

2. The refuge manager is the coordinating official having immediate jurisdiction and administrative responsibility for the refuge lands and property. The USACE or its Contractor must notify the DNWR manager, Ms. Shelly Stiaes, within 48 hours prior to entering the premises, moving in equipment, or beginning any work. The DNWR manager may be reached by phone at (985) 882- 2026 or (985) 882-2000.

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

4. If any action of the USACE employees or agents in the exercise of rights granted in the Right of Entry result in damage to the Service’s real property, the USACE will repair such damage or make an appropriate settlement with the decision made by the U.S. Fish and Wildlife Service. In no event shall such repair exceed fair market value of the fee title to the real property at the time immediately preceding such damage. The provisions of the condition are without prejudice to any rights the Service may have to make a claim under applicable laws for any damages other than those provided herein.

5. The USACE employees, agents and/or Contractors will follow all applicable State and Federal laws. The USACE will give the refuge manager written notice of its intentions and scope of work and approval must be granted prior to the work beginning.

6. Killing or harassing wildlife is prohibited. It is illegal to molest or destroy the home or dens of wildlife. The USACE will have no impact to fish, wildlife, and their habitat.

7. Littering is prohibited. The USACE must remove all refuse each day of operations.

8. The refuge manager and/or staff can at any time inspect all sites used or occupied by the USACE or its Contractors.

9. Any disturbance impacting vegetation or surface lands beyond that identified in the scope of work 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.

10. Any USACE and/or contractor equipment, facilities, or items deemed by the refuge manager necessary to be moved shall be performed at the expense of the USACE or its Contractor.

11. Should activity become necessary within DNWR, a copy of the Right of Entry permit will be sent to the Contractor. A copy of the permit, map and special conditions, and copies of the contract plates, must be carried in each vehicle or vessel while on the refuge and aboard each vessel/barge/equipment used to complete the work.

12. Access and all work is only granted to the disposal areas identified on the contract plates which are under the direct ownership and control of the U.S. Fish and Wildlife Service. The DNWR areas are along the left descending bank of the Mississippi River and extend upstream of Pass A Loutre.

13. All other refuge regulations apply.

c. Special Permit Conditions - The Louisiana Department of Wildlife and Fisheries (LDWF) has granted Right of Entry to perform sediment disposal and related activities in connection with the maintenance dredging of the lower Mississippi River and Southwest Pass projects. The permission is for the deposition of dredged material within the Pass A Loutre Wildlife Management Area (PALWMA) as depicted on the contract plates. The disposal areas covered under the Right of Entry permit are located between Southwest Pass and South Pass, and from Head of Pass to Joseph Bayou. All work must be completed in accordance with the contract plates and specifications, including all special permit conditions. The Contractor shall comply with the following special permit conditions:

1. The Right of Entry is valid through February 1, 2018.

2. The USACE shall provide LDWF with a detailed plan outlining dredging schedules, disposal sites, types of equipment needed, schedules of equipment use, and schedules of project implementation at least two weeks in advance of any activities on the PALWMA. In addition, USACE shall provide LDWF with pre-project and post project data (elevation/bathymetry information, acreage of marsh created, cut/fill material quantities, etc.). All correspondence shall be sent to Shane Granier at sgranier@wlf.la.gov and Todd Baker at tbaker@wlf.la.gov.

3. Following the two week notification, a pre-construction meeting shall be held with LDWF and include the USACE project inspector, the dredging Contractor, and the USACE decision makers for this project. Meeting coordination shall be through LDWF contact Shane Granier at sgranier@la.gov or Todd Baker at tbaker@la.gov.

4. Any and all construction activities on PALWMA including but not limited to dredging areas, access corridors, flotation channel excavations, pipeline corridors, dike construction, buffer areas, fill elevations, etc. shall be performed as depicted on the contract plates. If activities extend beyond or outside the locations depicted on the plates, the USACE shall immediately notify LDWF via email at Shane Granier at sgranier@wlf.la.gov. LDWF and USACE will then meet to discuss how to address the work that is outside of the scope of work detailed in the plates. Any additional work proposed on PALWMA must be approved by LDWF.

5. Please be aware that LDWF prefers not to restrict public access on PALWMA as a result of this project. Thus, LDWF must approve any requests for closures of waterways in writing. A request for closures of waterways shall be submitted to LDWF staff at least two weeks in advance of the need of the closure.

6. The USACE, its Contractors, agents, employees and representatives must follow the rules and regulations of PALWMA. These regulations prohibit the use of airboats at any time. It also prohibits mud-boat use after 2:00 pm from September 1 through January 31. LDWF will issue separate conditional permits upon request to allow the use of airboats and/or mud-boats in direct support of this project. LDWF will condition these permits to limit disturbance to waterfowl and to recreational users of the PALWMA during peak periods particularly during the months of September, November, December, and January. A request for an airboat/mud-boat permit should be made at least one week prior to the need of the vessel, but should be made with as much advance notice as possible to allow adequate time for permit processing. Requests should be made via email to Shane Granier at shane.granier@la.gov and Vaughan McDonald at vaughan.mcdonald@la.gov.

7. USACE must coordinate with LDWF regarding the overnight mooring of quarter barges, equipment barges, tugboats, crew boats, etc. and the staging of floating discharge pipe on PALWMA. LDWF reserves the reasonable right to select the locations for mooring and staging of this type of equipment. LDWF also requires all floating structures to be illuminated with flashing hazard lights during night time hours. All submerged pipelines and emergent pipelines in open water must also be marked with lighting to alert boaters of the potential hazards.

8. Colonial nesting seabirds and wading birds (including, but not limited to, terns, gulls, black skimmers, egrets, herons, and pelicans) should be avoided to reduce the risk of injuring birds.

The nesting activity period generally extends from February 15 through September 15. A visual inspection of the project area for nesting birds will be made prior to start-up of work by qualified personnel from USACE and LDWF. Presence of nesting wading birds and/or seabirds must be immediately reported to LDWF by the project inspector. This action will trigger an additional coordination between LDWF and USACE to perform such activities necessary to identify the nesting birds and initiate any necessary project modification(s) that would avoid disturbance to these birds and their nests. If nests of these birds are present on the work area, a “no-work” distance restriction of 650 feet for terns, gulls, and black skimmers, 1,000 feet for colonial nesting and wading birds, and 2,000 feet for brown pelicans must be implemented. Further coordination by USACE with the U.S. Fish and Wildlife Service may result in a further reduction of “no-work distance restrictions” depending on the species of birds found nesting at the work site.

9. Should activity become necessary within PALWMA, a copy of the Right of Entry permit will be sent to the Contractor. The Contractor shall keep a copy on the job site at all times during the project.

10. Regular progress meeting between USACE and LDWF staff will be held on site during construction of the project. Additional meetings may be required by LDWF if problems arise.

11. All equipment used in connection with the project must be removed upon completion.

12. Upon completion of the project, a final inspection and/or post-project meeting may be required by LDWF. The meeting would be comprised of PALWMA staff, the Contractor, and a representative from USACE to ensure all stipulations have been adhered to.

13. In the event the above stipulations have not been met, LDWF shall notify the USACE in writing of the infraction. The USACE will have two weeks to rectify the infraction or develop a mitigation plan suitable to LDWF. If no resolution is reached, LDWF may cancel the Right of Entry.

14. USACE shall use reasonable care to avoid damage to PALWMA while conducting maintenance dredging operations. The United States has waived sovereign immunity for negligence in the Federal Tort Claims Act, 28 U.S.C. 1346, 2671-2680, and the Department of the Army acknowledges that in the event its employees are negligent, liability may attach for such negligence under the Federal Tort Claims Act. At LDWF's discretion, the USACE may be asked to repair, or restore to their pre-project condition, any canals, ditches, levees, signs, pilings, or other structures on the WMA which are damaged due to the negligence of USACE or its contractors during dredging activities. USACE may be asked to dredge to their pre-project condition, any waterways (bayous, passes, cuts, canals, trenasses, etc.) that are filled in as a result of the negligence of USACE or its Contractors in the dredging operations. USACE reserves the right to either undertake the performance of any repairs, restoration, or dredging requested by LDWF; or to dispute USACE's liability for any alleged damages to PALWMA; or to enter into a settlement agreement with LDWF. In no event shall the costs of the repairs, restoration, or dredging, or the financial amount of the settlement, exceed the fair market value of the fee title to the damaged real property at the time immediately preceding the damage. USACE's liability under this paragraph is subject to availability of appropriations to make any such repairs, restoration, dredging, or payment, and nothing contained in this agreement shall be construed to imply that Congress will appropriate sufficient funds to meet any deficiencies at a later date.

Section 35 20 23.23 12, Paragraph 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

Face Height (feet)

C/L Sta. 2867+32 to Sta.

169+89, Mile 6.0 AHP to Mile 2.0 BHP

C/L Sta. 169+89 to Sta.

381+05, Mile 2.0 BHP to Mile 6.0 BHP

C/L Sta. 381+05 to Sta.

1094+00, Mile 6.0 BHP to Mile 19.5 BHP Swing Width Swing Width Swing Width

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

For cross-sectional quantity equal to

(4w+16s)/27 but not greater than (6w+36s)/27

2016 cy/hr 2520 cy/hr 2494 cy/hr 3118 cy/hr 2972 cy/hr 3715 cy/hr

For cross-sectional quantity greater than or equal to (6w+36s)/27

2120 cy/hr 2650 cy/hr 2776 cy/hr 3470 cy/hr 3432 cy/hr 4290 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 SUBMERGED PUMP

Face Height (feet)

C/L Sta. 2867+32 to Sta.

169+89, Mile 6.0 AHP to Mile 2.0 BHP

C/L Sta. 169+89 to Sta.

381+05, Mile 2.0 BHP to Mile 6.0 BHP

C/L Sta. 381+05 to Sta.

1094+00, Mile 6.0 BHP to Mile 19.5 BHP Swing Width Swing Width Swing Width

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

For cross-sectional quantity equal to

(4w+16s)/27 but not greater than (6w+36s)/27

1520 cy/hr 1900 cy/hr 1880 cy/hr 2351 cy/hr 2241 cy/hr 2801 cy/hr

For cross-sectional quantity greater than or equal to (6w+36s)/27

1598 cy/hr 1998 cy/hr 2093 cy/hr 2616 cy/hr 2588 cy/hr 3235 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 submerged pump is operable and fully immersed.

SECTION 35 20 23.23 12 ATTACHMENT