W912P818B0014_AM0001.pdf

OM-18-277

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 subject 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. 2-2018, Plaquemines Parish, Louisiana is hereby modified as follow s:

1. Set the bid opening date to Tuesday 27 March 2018, at 11:00 a.m. local time and place. (Bid Opening w ill be held in Rm 167)

2. Update Davis Bacon Wage Rate Determination.

3. Make changes to the solicitation as detailed in the follow ing pages.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY 22-Mar-2018

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 W912P818B0014

X 9B. DATED (SEE ITEM 11)

30-Oct-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

22-Mar-2018

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:

W912P818B0014

W912P818B0014 AMENDMENT 0001 - 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. 2-2018.

Plaquemines Parish, Louisiana

1. Standard Form 1442, Box 11: Delete “20 calendar days” and replace with “15 calendar days”.

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

3. Section 00010, paragraph 1.4 “Conditions of Contract Award”, subparagraph c: In the 2nd sentence, delete

“20 calendar days” and replace with “15 calendar days”. In the “Approximate Cutterhead Dredge Contract Duration (Base Plus Option)” table, delete “104” and replace with “171”.

4. Section 00010, paragraph 1.4 “Conditions of Contract Award”, subparagraph d: Delete “20 calendar days” and replace with “15 calendar days”.

5. Section 00700, FAR Clause 52.211-10 “Commencement, Prosecution, and Completion of Work (Apr 1984)”:

In the 1st sentence, delete “20 (twenty)” and replace with “15 (fifteen)”.

6. Section 00800, paragraph 3.1 “Delivery of Plant”, subparagraph a: In the 1st sentence, delete “20 calendar days” and replace with “15 calendar days”.

7. Section 01 30 00, paragraph 1.2 “Accommodations and Meals for Inspectors”, subparagraph a: In the 4th sentence, delete “Express Card / Air Card or USB modems” and replace with “satellite”. In the 5th sentence, delete “minimum download speed of 10 Mbps and a minimum upload speed of 1.5 Mbps” and replace with “minimum download speed of 25 Mbps and a minimum upload speed of 10 Mbps”.

8. Section 01 45 00.10 10 “Quality Control System (QCS)”: Delete this section in its entirety and replace with the attached Section 01 45 00.15 10 entitled “Resident Management System Contractor Mode (RMS CM)”.

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

New Orleans Area Office information, delete “Room 227” and replace with “Room 186”.

10. Section 35 20 23.23, paragraph 1.3.4 “Distribution of Reports”: In subparagraph (1), delete “Room 227” and replace with “Room 186”.

11. Section 35 20 23.23 12, paragraph 3.3 “Rights of Way”: Delete this paragraph in its entirety and replace with the attached paragraph 3.3 entitled “Rights of Way”.

12. Section 35 20 23.23 12, plate 1 “Gage Information”: The staff gage at Light 21 is no longer in use. A new staff gage has been established at Light 19. The gage ID is 01575 and is located at X = 3,924,334, Y = 204,575. The conversion to MLLW is as follows:

0.0’ gage = 0.0’ NAVD88 = 0.17 MLLW

UPDATE WAGE DETERMINATION

General Decision Number: LA180011 01/05/2018 LA11

Superseded General Decision Number: LA20170011

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 $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any 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 $10.35 per hour (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 2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2018

* 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.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

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. 2-2018

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P8-18-B-0014

30 INCHES OR GREATER 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 inches or greater ID pump discharge with a submerged pump, attendant plant and discharge pipeline as specified.

1440 HOUR

Option

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

1440 HOUR XXXXXX

Option

DREDGE TOWING SERVICE 25 MILE

Option

BIRD NESTING PREVENTION

AND AVOIDANCE MEASURES

144 DAY

TOTAL:

*SEE BID FORM NOTES

Section 35 20 23.23 12, Paragraph 3.3 “Rights of Way”

3.3 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 - The United States Department of the Interior, United States Fish and Wildlife Service (Service) granted Right of Entry, including ingress and egress, to perform dredging, disposal, and dike construction within the Delta National Wildlife Refuge Area ( 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, 2018.

2. The refuge manager is the coordinating official, having immediate jurisdiction and administrative responsibility for the refuge lands and property. The permittee must coordinate all entry onto these premises with the Refuge Manager, James Harris, or his authorized representative. Before work may begin including moving in equipment, notification of the Refuge Manager of the Delta NWR must occur by phone at (985) 882- 2027 or (985) 882- 2000.

3. All refuge regulations will be in force. 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 permittee and his or her employees to prosecution under State and/or Federal laws, and put this permit in jeopardy.

4. The failure of the United States or the Service to require strict performance of the terms, conditions, covenants, agreements, or stipulations, of this permit as listed in this memo, 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.

5. If any action of the USACE employees or agents in the exercise of rights granted by this

ROE 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 this 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.

6. 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.

7. 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.

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

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

10. 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.

11. 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.

12. 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, 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.

13. 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.

14. All other refuge regulations apply.

c. Special Permit Conditions - The Louisiana Department of Wildlife and Fisheries (LDWF) has granted Right of Entry, including ingress and egress, to perform dredging, disposal, and dike construction within the P as s A L o u t r e W i l d l i f e M an ag e me n t Ar e a ( PALWMA). 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 December 31, 2018.

2. The U.S. Army Corps of Engineers (USACE) will notify LDWF at least two weeks in advance of mobilization of equipment on PALWMA. This notification shall include the project plans, anticipated date of equipment mobilization, equipment to be used on the project, and anticipated project schedules. In addition, a pre-construction meeting must be held with LDWF before initiating any activities on PALWMA. This meeting shall be attended by USACE staff including the project inspector, the dredging contractor, and PALWMA staff. USACE shall contact Vaughan McDonald at vmcdonald@wlf.la.gov or at (225) 763-8807 or Lance Campbell at ljcampbell@wlf.la.gov or at (337) 373-0032 to request a meeting.

3. LDWF would like the maximum elevation of beneficial use to be 4.5' NAVD'88. This would be consistent with previous requirements and work performed in the area. It would also provide habitat that is beneficial to a large number of wildlife that utilize the MS Delta and that are designated as "species of conservation concern" as outlined in the 2015 Louisiana Wildlife Action Plan. A few of these species include mottled ducks, and colonial birds such as black skimmers and terns.

4. 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. A request for closures of waterways shall be submitted to LDWF staff at least two weeks in advance of the need of the closure.

5. The USACE, its contractors, agents, employees and representatives must follow the rules and regulations of PALWMA. These regulations prohibit 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 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 a mud-boat permit should be made at least one week prior to the need of the vessel, but should be made with as much advanced notice as possible to allow adequate time for permit processing. Requests should be made via e-mail to Vaughan McDonald at Vaughan.mcdonald@la.gov.

6. This right of entry authorizes USACE and/or its assigns the use of airboats in direct support of this project. However, no airboat activity will be allowed on PALWMA during the waterfowl seasons. Airboat activity shall be suspended during the months of September, November, December, and January. If an airboat is needed during these months it shall be granted on a case by case basis and will require an additional "airboat permit" from LDWF. Please be aware that airboats should only be used when necessary or when an airboat can be used in lieu of marsh buggies. All marsh buggy (rubber, tire, or track) ingress or egress shall be on LDWF approved routes and shall be limited to two tracks per location except for the placement of disposal pipe during dredging operations.

7. USACE must coordinate with LDWF regarding the overnight mooring of quarter barges, equipment barges, tugboats, crewboats, etc. and the staging of floating discharge pipe at 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 startup of work by qualified personnel from the 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 teir 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. Bi-weekly progress meetings between USACE and LDWF staff will be held on site during construction process 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 that all stipulations have been adhered to. USACE must also submit pre and post project data (elevation/bathymetry information, acreage of marsh created, cut/fill material quantities, etc.) to LDWF.

13. 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 maintain, 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.

Mississippi River Southwest Pass CDR 2-2018 OM18276

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 45 00.15 10

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

PART 1 GENERAL

1.1 MEASUREMENT AND PAYMENT

1.2 CONTRACT ADMINISTRATION

1.2.1 Correspondence and Electronic Communications

1.2.2 Other Factors

1.3 RMS SOFTWARE

1.4 SYSTEM REQUIREMENTS

1.5 CONTRACT DATABASE - GOVERNMENT

1.6 CONTRACT DATABASE - CONTRACTOR

1.6.1 Administration

1.6.1.1 Contractor Information

1.6.1.2 Subcontractor Information

1.6.1.3 Correspondence

1.6.1.4 Equipment

1.6.1.5 Reports

1.6.1.6 Request For Information (RFI)

1.6.2 Finances

1.6.2.1 Pay Activity Data

1.6.2.2 Payment Requests

1.6.3 Quality Control (QC)

1.6.3.1 Quality Control (QC) Reports

1.6.3.2 Deficiency Tracking

1.6.3.3 Three-Phase Control Meetings

1.6.3.4 Labor and Equipment Hours

1.6.3.5 Accident/Safety Reporting

1.6.3.6 Definable Features of Work

1.6.3.7 Activity Hazard Analysis

1.6.4 Submittal Management

1.6.5 Schedule

1.6.6 Closeout

1.7 IMPLEMENTATION

1.8 NOTIFICATION OF NONCOMPLIANCE

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 45 00.15 10 Page 1

SECTION 01 45 00.15 10

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

PART 1 GENERAL

1.1 MEASUREMENT AND PAYMENT

No separate measurement or payment will be made for providing and maintaining a Resident Management System as described herein. Payment for the work covered under this section shall be distributed throughout the existing bid items.

1.2 CONTRACT ADMINISTRATION

The Government will use the Resident Management System (RMS) to assist in its monitoring and administration of this contract. The Government accesses the system using the Government Mode of RMS (RMS GM) and the Contractor accesses the system using the Contractor Mode (RMS CM). The term RMS will be used in the remainder of this section for both RMS GM and RMS CM. The joint Government-Contractor use of RMS facilitates electronic exchange of information and overall management of the contract. The Contractor shall access RMS to record, maintain, input, track, and electronically share information with the Government throughout the contract period in the following areas:

Administration Finances Quality Control Submittal Monitoring Scheduling Closeout Import/Export of Data

1.2.1 Correspondence and Electronic Communications

For ease and speed of communications, the Contractor shall exchange correspondence and other documents in electronic format to the maximum extent feasible. Some correspondence, including pay requests and payrolls, are also to be provided in paper format with original signatures. Paper documents will govern, in the event of discrepancy with the electronic version.

1.2.2 Other Factors

Other portions of this document have a direct relationship to the reporting accomplished through RMS. Particular attention is directed to the Contract Clause entitled "Schedules for Construction Contracts" (FAR 52.236-15);

Contract Clause entitled "Prompt Payment for Construction Contracts" (FAR 52.232-27); Contract Clause entitled "Payments Under Fixed-Price Construction Contracts" (FAR 52.232-5); Section 01 33 00 - Submittal Procedures; and Section 01 35 26 - Governmental Safety Requirements.

1.3 RMS SOFTWARE

RMS is a Windows-based program that can be run on a Windows-based PC

SECTION 01 45 00.15 10 Page 2 meeting the requirements as specified in the paragraph entitled "System Requirements". The Contractor shall download, install, and be able to utilize the latest version of the RMS software within 7 calendar days of receipt of the Notice to Proceed. RMS software, user manuals, access and installation instructions, program updates, and training information are available from the RMS website (http://rmsdocumentation.com). The Government and the Contractor will have different access authorities to the same contract database through RMS. The common database will be updated automatically each time a user finalizes an entry or change.

1.4 SYSTEM REQUIREMENTS

The following is the recommended system configuration to run the Contractor Mode RMS for full utilization of all features for all types and sizes of contracts. Smaller, less complicated projects may not require the configuration levels described below. Required configuration also noted below.

Recommended RMS System Requirements

Hardware

Windows-based PC 1.7 GHz i3; AMD A6 3650 GHz or higher processor (REQUIRED)

RAM 8 GB

Hard drive disk 100 GB space for sole use by RMS system

Monitor Screen resolution 1366 x 768

Mouse or other pointing device

Windows compatible printer Laser printer must have 4 MB+ of RAM

Connection to the Internet minimum 4 Mbs per user

Software

MS Windows Windows 7 x 64 bit (RMS requires 64 bit O/S) or newer (REQUIRED)

Word Processing software Viewer for MS Word 2013, MS Excel 2013 or newer (REQUIRED)

E-mail MAPI compatible (REQUIRED)

Virus protection software Regularly upgraded with all issued Manufacturer's updates and is able to detect most zero day viruses

(REQUIRED)

1.5 CONTRACT DATABASE - GOVERNMENT

The Government will enter the basic contract award data in RMS prior to granting the Contractor access. The Government entries into RMS will generally be related to submittal reviews, correspondence status, and Quality Assurance (QA) comments, as well as other miscellaneous

SECTION 01 45 00.15 10 Page 3 administrative information.

1.6 CONTRACT DATABASE - CONTRACTOR

Contractor entries into RMS establish, maintain, and update data throughout the duration of the contract. Contractor entries generally include prime and subcontractor information, daily reports, submittals, RFI's, schedule updates, and payment requests. RMS includes the ability to import attachments and export reports in many of the modules, including submittals. The contractor responsibilities for entries in RMS typically include the following items:

1.6.1 Administration

1.6.1.1 Contractor Information

The Contractor shall enter all current Contractor administrative data and information into RMS within 7 calendar days of receiving access to the contract in RMS. This includes, but is not limited to, Contractor's name, address, telephone numbers, management staff, and other required items.

1.6.1.2 Subcontractor Information

The Contractor shall enter all missing subcontractor administrative data and information into RMS CM within 7 calendar days of receiving access to the contract in RMS or within 7 calendar days of the signing of the subcontractor agreement for agreements signed at a later date. This includes name, trade, address, phone numbers, and other required information for all subcontractors. A subcontractor is listed separately for each trade to be performed.

1.6.1.3 Correspondence

The Contractor shall identify all Contractor correspondence to the Government with a serial number. The Contractor shall prefix correspondence initiated by the Contractor's site office with "S" and shall prefix letters initiated by the Contractor's home (main) office with "H".

Letters shall be numbered starting from 0001 (e.g., H-0001 or S-0001). The Government's letters to the Contractor will be prefixed with "C" or "RFP".

1.6.1.4 Equipment

The Contractor shall enter and maintain a current list of equipment planned for use or being used on the jobsite, including the most recent and planned equipment inspection dates.

1.6.1.5 Reports

The Contractor shall track the status of the project utilizing the reports available in RMS. The value of these reports is reflective of the quality of the data input. These reports include the Progress Payment Request worksheet, Quality Control (QC) comments, Submittal Register Status, and Three-Phase Control worksheets.

1.6.1.6 Request For Information (RFI)

The Contractor shall create and track all Requests For Information (RFI) in the RMS Administration Module for Government review and response.

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1.6.2 Finances

1.6.2.1 Pay Activity Data

The Contractor shall develop and enter a list of pay activities in conjunction with the project schedule. The sum of pay activities equals the total contract amount, including modifications. Each pay activity must be assigned to a Contract Line Item Number (CLIN). The sum of the activities assigned to a CLIN equals the amount of each CLIN.

1.6.2.2 Payment Requests

The Contractor shall prepare all progress payment requests using RMS and shall update the work completed under the contract at least monthly, measured as percent or as specific quantities. After the update, the Contractor shall generate a payment request and prompt payment certification using RMS. The Contractor shall submit the signed prompt payment certification and payment request as well as supporting data either electronically or by hard copy. Unless waived by the Contracting Officer, a signed paper copy of the approved payment certification and request is also required and will govern in the event of discrepancy with the electronic version.

1.6.3 Quality Control (QC)

The Contractor shall enter and track implementation of the 3-phase QC Control System, QC testing, transferred and installed property and warranties in RMS. The Contractor shall prepare daily reports, identify and track deficiencies, document progress of work, and support other Contractor QC requirements in RMS. The Contractor shall maintain all data on a daily basis and shall ensure that RMS reflects all quality control methods, tests, and actions.

1.6.3.1 Quality Control (QC) Reports

The Contractor's Quality Control (QC) Daily Report in RMS is the official report. The Contractor can use other supplemental formats to record QC data, but information from any supplemental formats are to be consolidated and entered into the RMS QC Daily Report. Any supplemental information may be entered into RMS as an attachment to the report. QC Daily Reports must be finalized and signed in RMS within 24 hours after the date covered by the report. The Contractor shall provide the Government a printed signed copy of the QC Daily Report, unless waived by the Contracting Officer.

1.6.3.2 Deficiency Tracking

The Contractor shall use the QC Daily Report Module to enter and track deficiencies. Deficiencies identified and entered into RMS by the Contractor or the Government will be sequentially numbered with a QC or QA prefix for tracking purposes. The Contractor shall enter each deficiency into RMS the same day that the deficiency is identified and shall monitor, track, and resolve all QC and QA entered deficiencies. A deficiency is not considered to be corrected until the Government indicates concurrence in

RMS.

1.6.3.3 Three-Phase Control Meetings

The Contractor shall maintain scheduled and actual dates and times of preparatory and initial control meetings in RMS. Worksheets for the

SECTION 01 45 00.15 10 Page 5 three-phase control meetings are generated within RMS.

1.6.3.4 Labor and Equipment Hours

The Contractor shall enter labor and equipment exposure hours on a daily basis and shall roll up the labor and equipment exposure data into a monthly exposure report.

1.6.3.5 Accident/Safety Reporting

Both the Contractor and the Government enter safety related comments in RMS as a deficiency. The Contractor shall monitor, track, and show resolution for safety issues in the QC Daily Report area of the RMS QC Module. In addition, the Contractor shall follow all reporting requirements for accidents and incidents as required in the EM 385-1-1, Section 01 35 26 - Governmental Safety Requirements, and as required by any other applicable Federal, State, or local agencies.

1.6.3.6 Definable Features of Work

The Contractor shall enter each feature of work into the RMS QC Module. A feature of work may be associated with a single or multiple pay activities;

however, a pay activity is only to be linked to a single feature of work.

1.6.3.7 Activity Hazard Analysis

The Contractor shall import activity hazard analysis electronic document files into the RMS QC Module utilizing the document package manager.

1.6.4 Submittal Management

The Contractor shall enter all current submittal register data and information into RMS within 7 calendar days of receiving access to the contract in RMS. The information shown on the submittal register in Section 01 33 00 - Submittal Procedures will already be entered into the RMS database when access is granted. The Contractor shall group electronic submittal documents into transmittal packages to send to the Government, except very large electronic files, samples, spare parts, mock ups, color boards, or where hard copies are specifically required. The Contractor shall track transmittals and update the submittal register in RMS on a daily basis throughout the duration of the contract. The Contractor shall submit hard copies of all submittals unless waived by the Contracting Officer.

1.6.5 Schedule

The Contractor shall enter and update the contract project schedule in RMS by either manually entering all schedule data or by importing the Standard Data Exchange Format (SDEF) file.

1.6.6 Closeout

Closeout documents, processes and forms are managed and tracked in RMS by both the Contractor and the Government. The Contractor shall ensure that all closeout documents are entered, completed, and documented within RMS.

1.7 IMPLEMENTATION

Use of RMS as described in the preceding paragraphs is mandatory. The

SECTION 01 45 00.15 10 Page 6

Contractor shall ensure that sufficient resources are available to maintain contract data within the RMS system. RMS is an integral part of the Contractor's required management of quality control.

1.8 NOTIFICATION OF NONCOMPLIANCE

The Contractor shall take corrective action within 7 calendar days after receipt of notice of RMS non-compliance by the Contracting Officer.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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