Amendment 0004.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

This amendment is issued to provide responses to Request for Information (RFIs). All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 7

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

16C. DATE SIGNED

BY 23-Nov-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 W912WJ21B0001

X 9B. DATED (SEE ITEM 11)

14-Oct-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

23-Nov-2020

CODE

US ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA ROAD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912WJ21B0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0004

RESPONSE TO RFIs

1. In reference to the Solicitation document bidding form, Page 4, Note 6 states the following: “Item Number 0006 above is an Optional Line Item that may, at the option of the Government, be exercised within 365 calendar days of receipt by the Contractor of the Notice to Proceed. If the Optional Items is awarded, no additional time will be added to the contract duration.”

We believe that 365 days to award the Optional Line item is excessive. Can you please reduce the time allowed to award this Option to 120 days or 180 days.

GOVERNMENT RESPONSE:

Time allowed to award Option item 0006 will be reduced to 180 days.

Note 6 is changed to update the number of calendar days from 365 to 180 days.

2. Amendment 0001, Government response to RFI question #2 states: “test pits were performed to estimate the depths of overburden. Location and depth of overburden achieved is shown in the top left table, "Test Pit Data," located on figure TP-1 attached to the Contract specifications. Detailed material data was not collected as part of this effort.”

Overburden levels are a large component of successful drilling and blasting operations. Should bidders assume the same measurement of overburden exists throughout all of the Work Areas?

Can the Government clarify why overburden material of this magnitude, which drives up future drilling costs considerably, was not removed, as required under Contract no. W912WJ-18-C-0010?

GOVERNMENT RESPONSE:

Bidders should not assume the same measurement of overburden exists throughout all work areas.

The Government’s decision to reduce the time spent mechanically dredging was made based upon typical contract administration factors such as schedule, external coordination requirements, etc.;

information that should not be required for contract bidding purposes.

3. Specifications state that “additional compensation will not be due to the Contractor for impacts to the work caused by Massport Aviation Operations”. With a major portion of the work taking place within the airport zone, this could have severe impact on operations and bid pricing. If coordination efforts result in unanticipated delays, we suggest that this be handled under a modification to the contract to cover these impacts. These impacts cannot be known prior to bid and allowing a request for equitable adjustment for these potential impacts would allow the Government and the Contractor to not include this major risk factor within their bid pricing, while agreeing to handle via contract modification later IF impacts are experienced. Will the Government consider this change to the contract language?

GOVERNMENT RESPONSE:

Coordination with other users within the work area, including but not limited to Boston Logan International Airport, is integral to the success of this project and contract schedule. It is the responsibility of the bidder to use the information provided by the Government, including the FAA Determination Letters and any other information that can be gathered by bidders prior to bid, to include these potential schedule impacts into their bid.

4. What is the allowable/approved timeframes and durations that the contractor will be able to work uninterrupted within the Turning Basin and Massport Aviation Zone (FAA Determination Points 1- 26)?

This must be known prior to bid. Note that blasting barges are not a move-on-demand vessel and will regularly be on one location for up to 12-24 hours at a time. We request the Government and the Massport Aviation Operations provide a productive solution prior to bid, so all contractors can price with the same understanding and impacts related to work times and equipment transits for the duration of the project.

GOVERNMENT RESPONSE:

There are no pre-determined allowable/approved timeframes and durations during which the contractor will be able to work uninterrupted within the Turning Basin and Massport Aviation zone.

Coordination with other users within the work area, including but not limited to Boston Logan International Airport, is integral to the success of this project and contract schedule. It is the responsibility of the bidder to use the information provided by the Government, including the FAA Determination Letters and any other information that can be gathered by bidders prior to bid, to include these potential schedule impacts into their bid.

5. Will the USACE please provide copies of all Federal, State, or local licenses, permits or regulations applicable to this project, which the United States Army Corps of Engineers is the permittee and/or named party, or otherwise has in their possession?

GOVERNMENT RESPONSE:

All necessary documents are included in the specifications. As described in contract clause 52.236-7 Permits and Responsibilities, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

6. Is the USACE aware of any other Federal, State or local licenses, permits or regulations applicable to this project? If so, please advise the source of such documents.

GOVERNMENT RESPONSE:

As described in contract clause 52.236-7 Permits and Responsibilities, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

7. Is the USACE aware of any requirements of any licenses, permits or regulations that may have an impact on the contractor's performance of the work required by this solicitation and that are not included or expressly referenced in the specifications?

GOVERNMENT RESPONSE:

As described in contract clause 52.236-7 Permits and Responsibilities, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

8. Regarding Section 01 57 19 Temporary Environmental Controls, page 8, paragraph 3.1.1.a “Fisheries Observer”: Will the required Fisheries Observer also be allowed to perform the duties and fulfill the role of the Marine Mammal Observer during blasting operations, so long as he/she possesses the qualifications required to serve in both roles?

GOVERNMENT RESPONSE:

Yes, assuming he/she possesses the qualifications for both roles, that individual may serve as both Fisheries Observer and Marine Mammal Observer. However, the Contract requires an individual be present during pre-blast, blast & post-blast activities & onboard scow while in transit to MBDS from 01 February through 31 May (inclusive), so the Contractor will need to factor that into their schedule and may be required to hire another person.

9. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting, Part 3.1.4.3 – Vibration Limits on page 25, states in the endnotes that ‘3 “Historic Structures” include, but is not limited to the following: Cruiseport Sea Wall and Support Deck Area.’

Where are the Cruiseport Sea Wall and Support Deck Area located? We do not find a specific reference as to the location of these historic structures in the drawings or specifications. Any blasting within 215 ft from a historic structure may severely impact the selection of blast design parameters and the associated drilling and blasting productivity.

GOVERNMENT RESPONSE:

Cruiseport Sea Wall and Support Deck Area are located at 1 Black Falcon Avenue, South Boston, MA 02210

10. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting, Part 3.1.4.3 – Vibration Limits on page 25, requires a ground vibration limit of < 0.5 in/sec for historic structures.

Is Fort Independence considered a historic structure? Are there any other historic or landmark structures close to the work areas known to the Engineer?

GOVERNMENT RESPONSE:

Fort Independence should be considered a historic structure. Cruiseport Sea Wall and Support Deck Area should also be considered a historic structure, as noted in Specification Section 35 30 00 UNDERWATER DRILLING AND CONFINED BLASTING, subpart 3.1.4.3 “Vibration Limits”.

11. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting Part 1.9.2 – Test Blasting on page 10, states that ‘A minimum of three shots are required for the Test Blasting’. The referenced part of the specifications continue to describe the requirements for the first three test blasts, including the maximum explosives charge weight (6 lbs, 12 lbs and 25 lbs) per delay and maximum number of holes per test blast (3, 9 and any number of holes).

Depending on the location of the Test Blast and the Contractor means and methods, the minimum explosives weight per hole would have to be more than 40 lbs and perhaps as much as 200 lbs, to efficiently fragment the bedrock and provide real-world test conditions for initial blasting, blast monitoring and dredging productivity. The stated test blast requirements are not realistic for a capital development project such as this, and result in an unconstructable set of prescribed blasting parameters.

We suggest striking the entire third paragraph on page 10: ‘Limit the first test shot to three drilled holes in a single row and have a maximum charge weight per delay of 6 pounds of explosives materials … as long as the preceding test shot was completely satisfactorily.’ The remaining text of Part 1.9.2 will still serve the purpose of gradually increasing the pounds of explosives per delay during test blasting, and evaluating the resulting blast monitoring parameters and dredging conditions.

GOVERNMENT RESPONSE:

No change to the Specifications. The Contractor may request a change to the Specifications at the time of the submittal and it will be considered by the Government at that time. However, bidders are warned that the Government may deny these requests. For the purpose of bidding on the solicitation, bidders should assume that a change will NOT be granted.

12. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting Part 1.9.3 – Operational

Blasting Plan states on page 11 that:

‘Following completion of the Test Blasts, the Contractor shall submit to the Contracting Officer revisions to the Operational Blasting Plan, based on the recommendations developed as part of the Test Blast Plan Report. The Contracting Officer shall have 30 days to review after receipt. The Contractor may be required to revise and resubmit the plan. The Contracting Officer shall have 10 days to review the revised plan. No drilling shall be started before the Contracting Officer reviews and concurs with the Operational Blasting Plan or any revisions to that plan.’

Projects such as this typically allow Operational Blasting (or production blasting) to continue immediate upon conclusion of the Test Blast program, provided that the blast monitoring parameters and other performance criteria determined during test blasting are in compliance with the project specifications and permit requirements. It is very expensive to maintain a drillboat on standby while test blast results are being reviewed, and Operational Blasting can be continued on a responsible basis utilizing field data measured from the initial three test blasts to develop a site-specific relationship between pounds of explosives per delay and blast monitoring parameters such as blasting ground vibrations (measured in PPV) and peak underwater blasting overpressure (measured in psi) to ensure ongoing compliance with project performance criteria. We propose replacing the first and second paragraphs on page 10 with the following wording:

‘Following completion of the Test Blasts, the Contractor shall submit to the Contracting Officer revisions to the Operational Blasting Plan, based on the recommendations developed as part of the Test Blast Plan Report. Drilling shall only be started once the Contracting Officer receives these revisions.’

GOVERNMENT RESPONSE:

No change to the Specifications. The Contractor may request a change to the Specifications at the time of the submittal and it will be considered by the Government at that time. However, bidders are warned that the Government may deny these requests. For the purpose of bidding on the solicitation, bidders should assume that a change will NOT be granted.

13. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting Part 1.7 – Pre-Blast

Structure Condition Survey Report on page 10, states that ‘The Contractor shall notify the property owners within the 1000 foot radius of the blasting area(s) of the pre-blast survey as defined below’, but Specifications Section 35 30 00 Underwater Drilling & Confined Blasting Part 1.14 – Contact Information and Notification Requirements on page 21, states that ‘The public within a radius of 1500 ft of the blasting location shall be notified by means of printed information sheets’.

We believe the intent of these two notifications to be identical, and request that the wording in the second reference (Part 1.14) be modified to the following, so as not to have the unintended consequence that pre-blast condition surveys may be expected by property owners in the 1000 foot to 1500 ft distance:

‘The public within a radius of 1000 ft of the blasting location shall be notified by means of printed information sheets’.

GOVERNMENT RESPONSE:

The intent is not identical. The notification mentioned in subpart 1.7, “Pre-Blast Structure Condition Survey Report” on page 7 states, “The Pre-Blast Structure Condition Survey of the interior and exterior of all structures shall be made within a one thousand (1,000) foot radius from the blasting area(s). All structures that may be affected by the blasting, will be offered an inspection to document their condition, which may be declined. The Contractor shall notify the property owners within the 1,000 foot radius of the blasting area(s) of the pre-blast survey as defined below.” The notification mentioned in subpart 1.14, “Contact Information and Notification Requirements on page 21 states, “The public within a radius of 1,500 feet of the blasting location shall be notified by means of printed information sheets; distribution will be coordinated with the Contracting Officer.

Contractor shall be responsible for completing both notifications.

14. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting Part 1.9.5 – Underwater

Overpressure Monitoring Plan on page 13, requires ‘Perform overpressure monitoring and properly record two early, production shot patterns with three, widely spaced, calibrated sensors.’ And Specifications Section 01 57 19 Temporary Environmental Controls Part 3.1.3.d. – Protection of Fish and Marine Mammals During Blasting Events on page 10, states that ‘Blast pressure waves and blast noise shall be monitored through the use of appropriate hydroacoustic monitoring equipment.

Is the intent that the underwater blasting overpressures from only two early production shot patterns be monitored, or that the underwater overpressure monitoring be performed for all blasts?

Hydroacoustic monitoring equipment will be utilized to perform these measurements of underwater blasting overpressures using appropriate pressure sensors and hydrophones.

GOVERNMENT RESPONSE:

Underwater pressure monitoring shall be required for all blasts.

15. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting, are there any additional permits or regulatory approvals not included in the solicitation which the Engineer is aware of, or which remain pending, which may impose limitations on blast design parameters?

GOVERNMENT RESPONSE:

As described in contract clause 52.236-7 Permits and Responsibilities, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

16. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting, are there any additional blasting restrictions which may be imposed by outside stakeholders because of nearby utilities, private or public property or infrastructure, which the Engineer is aware of?

GOVERNMENT RESPONSE:

As described in contract clause 52.236-7 Permits and Responsibilities, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

17. Specifications Section 35 30 00 Underwater Drilling & Confined Blasting, does the engineer require specific clearance protocols landside for the public when blasting is performed in the Reserve Channel?

GOVERNMENT RESPONSE:

No, but the Contractor shall be required to comply with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

(End of Summary of Changes)