A21_W912P820R0015_AM_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The subject solicitation for Terrebonne NFL Brackish Marsh Mitigation Bank Credit Purchase is hereby amended as follow s:

1. To answ er contractor questions.(See attached)

2. To provide Mitigation Purchase Agreement w ith corrections.(See attached)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 03-Sep-2020

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 W912P820R0015

X 9B. DATED (SEE ITEM 11)

27-Aug-2020

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

03-Sep-2020

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:

W912P820R0015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

The following items are applicable to this modification:

AMENDMENT 0001

Question 1. Section 3 indicates that the Chef Menteur Bank’s AAHU/acre score is 9.21 (in the table). We do not believe this is correct – we believe our current score is 0.18 AAHU’s per acre.

Could you kindly clarify whether there is a typo in the table, and if so, what the updated table should be?

Response 1. Yes, it is a typo in the table. The updated amount should read .22 AAHU/Acre in the table.

Question 2. In the Purchase Agreement, section 2 indicates bottomland hardwood credits. Can you please confirm, is this a typo (we believe it should say brackish marsh credits), and if so, can you kindly send a revised Purchase Agreement.

Response 2. Yes, it is a typo in the Mitigation Purchase Agreement. The Mitigation Purchase Agreement should state Brackish Marsh (BM) and the agreement will be corrected and provided.

Question 3. In the Purchase Agreement, Section 4, can you please confirm that the intent here is that once the USACE pays the mitigation bank sponsor, then the bank sponsor will debit the credits in RIBITS and transfer them to the USACE? Or is transferring the credits a condition of being paid?

Response 3. Section 4 of the Mitigation Purchase Agreement does not address conditions of payment. This information is stated in the solicitation under 6. DELIVERABLE. Transferring of credits is a condition for payment.

MITIGATION PURCHASE AGREEMENT

BY AND BETWEEN

[INSERT BANK SPONSOR’S COMPANY NAME]

AND

THE UNITED STATES ARMY CORPS OF ENGINEERS

THIS AGREEMENT is entered this ____ day of __________________, 2020, by and between [INSERT BANK SPONSOR’S NAME] (“Sponsor”), whose mailing address is [INSERT ADDRESS] and the United States Army Corps of Engineers, New Orleans District, whose mailing address is 7400 Leake Avenue, New Orleans, Louisiana 70118 (“USACE”).

WHEREAS, Sponsor owns and operates the [INSERT NAME OF MITIGATION BANK] Mitigation Bank (the “Bank”), which is approved by USACE to provide compensatory mitigation for authorized wetland impacts.

WHEREAS, the operation of the Bank and the obligations of the Sponsor are governed by the Mitigation Banking Instrument (“MBI”) [OR INSERT OTHER NAME OF INSTRUMENT] signed by Sponsor and the USACE, whereby the Sponsor has agreed to perform all necessary work to create, enhance, rehabilitate and/or restore wetland functions and to maintain and to monitor wetland habitats in accordance with the specific requirements of the MBI [or INSERT

OTHER NAME OF INSTRUMENT].

WHEREAS, the Bank is located in [INSERT] Parish, as more particularly described in the MBI.

The property occupied by the Bank is burdened with a duly-recorded perpetual conservation servitude, which protects its natural values.

WHEREAS, USACE desires to purchase mitigation bank credits in order to satisfy its obligation to compensate for unavoidable habitat losses caused by the construction of the Terrebonne Non Federal Levee (TNFL), Terrebonne Parish, Louisiana Project within the Louisiana Coastal Zone (CZ) as set forth in Solicitation No. W912P820R0015.

THEREFORE, for and in consideration of the promises and the payment set forth herein, Sponsor and the USACE agree to the following terms and conditions:

1. Sponsor agrees to satisfy the obligation incurred by the USACE as a result of the construction of the above-referenced project to compensate for unavoidable impacts up to 9.21 AAHUs of coastal zone Brackish Marsh (BM) habitat.

2. Sponsor will satisfy USACE’s compensatory mitigation obligation by mitigating _______ acres of Brackish Marsh(BM) habitat [if appropriate, include location] in accordance with the requirements, conditions and performance standards set forth in the MBI.

3. The USACE agrees to pay Sponsor a non-refundable payment of $[INSERT AMOUNT] to purchase mitigation credits from the Bank, which sum will be paid by electronic funds transfer.

4. Upon receipt of this sum, Sponsor accepts and assumes all responsibility for the mitigation of _______ acres of Brackish Marsh (BM) habitat in accordance with all requirements of the MBI. Sponsor specifically accepts and assumes the responsibility to achieve mitigation success for this acreage and to monitor and to report mitigation performance in accordance with the requirements of the MBI.

5. This Agreement does not grant the USACE any rights to any monies generated by the Bank and it does not grant the USACE any ownership interest in the Bank or any ownership interest in the immovable property occupied by the Bank.

6. This Agreement constitutes the entire agreement between Sponsor and the USACE and it may not be changed, amended or modified except in writing and signed by both parties.

7. This Agreement shall be governed by and construed under the laws of the United States and shall be binding upon and inure to the benefit of the successors and assigns of both parties.

IN WITNESS THEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers.

AGREED AND ACCEPTED, this __________ day of ______________, 2020.

For: [SPONSOR NAME] By: [PRINT REPRESENTATIVE NAME AND TITLE]

Signed:

AGREED AND ACCEPTED, this __________ day of ______________, 2020.

For USACE:

Stephen Murphy Colonel U.S. Army District Engineer