Concord_Land_LLC_Site_Showing_Q-A__3-23-2017.pdf

Concord Land LLC Pre-Bid Site Showing - 3/16/2017

Questions and Notes/Responses Comstock, Duckworth, Bockhold and Viers

Conference Questions

1. Is the relief well existing?

a. No, the relief well will need to be installed as shown on sheet 25

2. When is the last day to submit written questions?

a. 3/30/2017

3. Is RMS software required for QC?

a. No

4. Can QC and superintendent be the same?

a. Answer will be provided later

i. Yes, they can be same. Reference: Specification 94, Quality Control Personnel Method 1.

5. Is all the dirt on site?

a. Yes

6. Can CAD format files be provided in addition to the LandXML?

a. The final surface can be provided in .dwg format in addition to LandXML if requested after Award.

7. Was boring done for rock?

a. No

8. Are ponds dry?

a. They are currently drying or being lowered.

9. Is a certified pipe fitter required?

a. No

i. Reference Attachment J-5_WD_MO160001_12-23-16

10. Are slope stakes required?

a. Only required if not given in XML file. Government will stake centerline alignment of all

WCS and auxiliary spillways.

11. What is to be done with clearing and grubbing material?

a. Burned in disposal areas within the “pool” specifically marked by NRCS following Award.

12. Are there utilities on site?

a. No

13. Where can a trailer and stockpiles be located?

a. The “Equipment Parking Areas” are for staging of equipment and materials. Reference:

Specification 8 Mobilization and Attachment J-12 SWPPP Sheet 2.

14. What was property prior to fish ponds

a. Upper hills were coal mine pits

b. Don’t know what the fish pond areas were.

15. Do you hold retainage?

a. Yes

16. How much retainage is withheld?

a. Up to 10% if satisfactory progress is not being achieved. Reference: Clause 52.232-5

17. What are construction tolerances?

a. It has to be on grade (0)

18. Will payment for materials stored on site be made?

a. “Will get back with answer” Contingent upon situation. Reference: Clause 52.232-5

19. Is the contractor responsible for completed portions that have been paid?

a. Yes. Refer to clause 52.232-5 Payment under Fixed Priced Construction Contracts; (f)

Title, liability and reservation of rights.

20. What is the dollar split of mobilization/demobilization calculated?

a. Lump Sum payment as the work proceeds after presentation of paid invoices or documentation of direct costs by the contractor. Reference: Specification 8 Mobilization.

21. Can we use a truck for the on-site visit this afternoon?

a. No, must be ATV or UTV.

On-Site Questions

1. Where are we on the overall plan view?

a. Location shown on map

2. What are construction tolerances?

a. It has to be on grade (0)

3. What about stripping?

a. Can be disked

b. Can be burned

c. Can be put in internal fill if well mixed and buried

4. What about unsuitable material?

a. All material should be suitable for placement

b. No allowance is made for unsuitable materials

5. What time of year is burning allowed in Missouri?

a. It is allowed anytime, but contractor is liable for damages

6. What is the seeding area?

a. Seeding area was shown on map in field

b. Seeding area map will be included in amendment

7. What about temporary seeding?

a. Only on disturbed areas over winter

b. Seeding dates allow for seeding during most of the year

8. Can I go out and probe the field?

a. Yes (contractor drove UTV into bottom of internal pool)

9. Cut and fill in the sloughs?

a. Do not have to place fill in the slough areas

b. Sloughs are mostly formed from placing fill around them

c. Sloughs must be cut at or below grade when being placed within an existing levee

10. Are there any “bat trees”?

a. Yes. Trees 9” DBH shall not be removed from April 1st to October 31st.

b. Should be enough work to work around trees/dates

c. MDC Biologist on wetland team can approve removal of trees outside of dates on case by case basis

11. Does the earthwork balance between pools?

a. Yes, if build internal pools with internal and external levees first

b. Remaining earthwork put on external levee inside toe

12. Will pools be drained?

a. Their ability to drain or not drain shall be as seen today.

13. What are the earthwork bid items?

a. Excavation of external levees

b. Earthfill for internal pools

c. Earthfill over WCS

14. What are the compaction requirements?

a. Two passes per lift for the Earthfill over WCS and external levee removal placed near the toe

b. A single pass everywhere else (internal pools)

15. Is there an I/E route on the old railroad for the East side?

a. Yes, but only from the site to the North

b. The use of the railroad bed to the South and across the river will be at the landowners discretion

16. What is the location of the silt fences?

a. Inside of the WCS or breaches and around parking areas

b. Not along entire external levee

c. Quantities and locations shown on SWPPP

17. Pond is not to be lowered or drained to install valve below dam

18. Will the valve be underground?

a. Yes, it will all be covered as shown on sheet 26

19. How much head pressure on pond pipe?

a. No measurement has been made

20. Where are we?

a. Between sheet 5 and 7

21. What is to be done with willows in bottom of pools?

a. Will be removed according to clearing and grubbing spec. and piled and burned

22. Can we go off easement to drain and remove pipes?

a. Yes, an exception could be made with the contractor obtaining permission from the landowner.

23. Why is water running in ditch?

a. Upper pools are currently being drained

24. Can we use LGP equipment?

a. Yes for clearing

b. Not for compaction

25. Are we sure the project will go forward?

a. Yes, as long as contract proceeds with no issues.

26. Can we get plans with better stationing?

a. No, details are as shown

b. Stationing of levees starts at 10+00 at location of leader on plans

c. Some of the stationing will be in the XML file

Other questions:

1. According to the typical sections shown on plans sheets 19-22, as well as the discussion at the pre-construction site visit, it is understood that the intention of the grading plan to place the excavation from both the external levee lowering and the internal levee removal in earthfill, internal pools. As also explained in Note 1 on Plan Sheet 21, “Spoil from levee lowering shall be used as earthfill for internal pools and on side slopes of levee”. At the site visit it was explained that if there is excess excavations resulting from the levee lowering and removal, that the side slopes on the external levee could be flattened and extended as necessary to accommodate the excess excavation. If there is not sufficient excavation within the area to bring the interior pools to plan elevations, will the contractor be required to haul fill material from planned excavations in other pools to complete the internal pool fill, or will a borrow site be provided adjacent to the cell that requires additional fill? Also, if there is not sufficient excavation in the pool and external levees to construct the pool side slopes to the minimum grades shown on the detail on Sheet 21, will the contractor be required to haul the excess excavations from other pools on the site or a borrow site be provided adjacent to the cell that requires additional fill? If a borrow site is provided, will the additional excavation required to complete the fills be measured and paid for?

If so, what method of measurement will be used and what bid item will that excavation be paid under? Borrow will only be taken from internal and external levees of given pool. Earthfill will be used on internal pools first with remaining put on inside side slopes of external levees. If there is not enough earthfill to complete internal pool earthfill, borrow does not have to be taken from other pools and the internal pool will be considered completed as long as there are no points higher in the pool than the land XML file. If there is not enough earthfill to complete 8:1 side slopes on the external levees, the side slopes may be shaped with the approval of the CO to a slope flatter than 8:1 side slope with payment made under Excavation – External Levee Removal, measurement and payment Method 2. Minimum top width of external levees shall be 10’.

2. Plan Sheet 24 shows information on the construction of the Auxiliary Spillways. The typical profile on the plan sheet indicates that the spillways will require additional fill to construct. Note 5 states, “Borrow Areas shall be located and staked in the field by NRCS as shown on the plan view.” The plan view of the Auxiliary Spillways and the Profile View of the Levees indicate that the Auxiliary Spillways are in cut areas and as such should not require borrow areas to complete construction. Is the typical profile shown on Plan Sheet 24 in error or does it indicate other work necessary on this project? Yes, there is an error on the typical profile and plan sheet 24 will be corrected with an amendment. Is the excavation required to complete the construction of the Auxiliary Spillways included in the Bid Quantity for Excavation – External Levee Removal? Yes

13 CFR 125.18 & 13 CFR 125.6 SDVOSB Joint Venture

§ 125.18 - What requirements must an SDVO SBC meet to submit an offer on a contract?

(a) Representation of SDVO SBC status. An SDVO SBC must submit the following representations with its initial offer (which includes price) on a specific contract:

(1) It is an SDVO SBC;

(2) It is small under the NAICS code assigned to the procurement;

(3) It will meet the percentage of work requirements set forth in § 125.6;

(4) If applicable, it is an eligible joint venture; and

(5) If applicable, it is an eligible nonmanufacturer.

(b) Joint ventures. An SDVO SBC may enter into a joint venture agreement with one or more other SBCs for the purpose of performing an SDVO contract.

(1) Size of concerns to an SDVO SBC joint venture.

(i) A joint venture of at least one SDVO SBC and one or more other business concerns may submit an offer as a small business for a competitive SDVO SBC procurement so long as each concern is small under the size standard corresponding to the NAICS code assigned to the contract, provided:

(A) For a procurement having a revenue-based size standard, the procurement exceeds half the size standard corresponding to the NAICS code assigned to the contract; or

(B) For a procurement having an employee-based size standard, the procurement exceeds $10 million;

(ii) For sole source and competitive SDVO SBC procurements that do not exceed the dollar levels identified in paragraphs (b)(1)(i)(A) and (B) of this section, an SDVO SBC entering into a joint venture agreement with another concern is considered to be affiliated for size purposes with the other concern with respect to performance of the SDVO contract. The combined annual receipts or employees of the concerns entering into the joint venture must meet the size standard for the NAICS code assigned to the SDVO contract.

(2) Contents of joint venture agreement. Every joint venture agreement to perform an SDVO contract must contain a provision:

(i) Setting forth the purpose of the joint venture;

(ii) Designating an SDVO SBC as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for performance of the SDVO contract;

(iii) Stating that not less than 51% of the net profits earned by the joint venture will be distributed to the SDVO SBC(s);

(iv) Specifying the responsibilities of the parties with regard to contract performance, source of labor and negotiation of the SDVO contract;

(v) Obligating all parties to the joint venture to ensure performance of the SDVO contract and to complete performance despite the withdrawal of any member;

(vi) Requiring the final original records be retained by the managing venturer upon completion of the SDVO contract performed by the joint venture;

(3) Performance of work. For any SDVO contract, the joint venture must perform the applicable percentage of work required by § 124.510 of this chapter.

(4) Contract execution. The procuring activity will execute an SDVO contract in the name of the joint venture entity or SDVO SBC.

(5) Inspection of records. SBA may inspect the records of the joint venture without notice at any time deemed necessary.

(c) Non-manufacturers. An SDVO SBC which is a non-manufacturer may submit an offer on an SDVO contract for supplies if it meets the requirements of the non-manufacturer rule set forth at § 121.406(b)(1) of this chapter.

(d) Multiple Award Contracts. (1) Total Set-Aside Contracts. The SDVO SBC must comply with the applicable limitations on subcontracting provisions (see § 125.6) and the nonmanufacturer rule (see § 121.406(b)), if applicable, in the performance of a contract totally set-aside for SDVO SBCs.

However, the contracting officer, in his or her discretion, may require the concern to perform the applicable amount of work or comply with the nonmanufacturer rule for each order awarded under the contract.

(2) Partial Set-Aside Contracts. For orders awarded under a partial set-aside contract, the SDVO SBC must comply with the applicable limitations on subcontracting provisions (see § 125.6) and the nonmanufacturer rule (see § 121.406(b)), if applicable, during each performance period of the contract - e.g., during the base term and then during each option period thereafter. For orders awarded under the non-set-aside portion, the SDVO SBC need not comply with any limitations on subcontracting or nonmanufacturer rule requirements. However, the contracting officer, in his or her discretion, may require the concern to perform the applicable amount of work or comply with the nonmanufacturer rule for each order awarded under the contract.

(3) Orders. The SDVO SBC must comply with the applicable limitations on subcontracting provisions (see § 125.6) and the nonmanufacturer rule (see § 121.406(b)), if applicable, in the performance of each individual order that has been set-aside for SDVO SBCs.

(4) Reserves. The SDVO SBC must comply with the applicable limitations on subcontracting provisions (see § 125.6) and the nonmanufacturer rule (see § 121.406(b)), if applicable, in the performance of an order that is set aside for SDVO SBCs. However, the SDVO SBC will not have to comply with the limitations on subcontracting provisions and the nonmanufacturer rule for any order issued against the Multiple Award Contract if the order is competed amongst SDVO SBCs and one or more other-than-small business concerns.

(e) Recertification. (1) A concern that represents itself and qualifies as an SDVO SBC at the time of initial offer (or other formal response to a solicitation), which includes price, including a Multiple Award Contract, is considered an SDVO SBC throughout the life of that contract. This means that if an SDVO SBC is qualified at the time of initial offer for a Multiple Award Contract, then it will be considered an SDVO SBC for each order issued against the contract, unless a contracting officer requests a new SDVO SBC certification in connection with a specific order. Where a concern later fails to qualify as an SDVO SBC, the procuring agency may exercise options and still count the award as an award to an SDVO SBC. However, the following exceptions apply:

(i) Where an SDVO contract is novated to another business concern, the concern that will continue performance on the contract must certify its status as an SDVO SBC to the procuring agency, or inform the procuring agency that it does not qualify as an SDVO SBC, within 30 days of the novation approval. If the concern is not an SDVO SBC, the agency can no longer count the options or orders issued pursuant to the contract, from that point forward, towards its SDVO goals.

(ii) Where a concern that is performing an SDVO SBC contract acquires, is acquired by, or merges with another concern and contract novation is not required, the concern must, within 30 days of the transaction becoming final, recertify its SDVO SBC status to the procuring agency, or inform the procuring agency that it no longer qualifies as an SDVO SBC. If the contractor is not an SDVO SBC, the agency can no longer count the options or orders issued pursuant to the contract, from that point forward, towards its SDVO goals. The agency and the contractor must immediately revise all applicable Federal contract databases to reflect the new status.

(iii) Where there has been an SDVO SBC status protest on the solicitation or contract, see § 125.27(e) for the effect of the status determination on the contract award.

(2) For the purposes of contracts (including Multiple Award Contracts) with durations of more than five years (including options), a contracting officer must request that a business concern recertify its SDVO SBC status no more than 120 days prior to the end of the fifth year of the contract, and no more than 120 days prior to exercising any option.

(3) A business concern that did not certify itself as an SDVO SBC, either initially or prior to an option being exercised, may recertify itself as an SDVO SBC for a subsequent option period if it meets the eligibility requirements at that time.

(4) Recertification does not change the terms and conditions of the contract. The limitations on subcontracting, nonmanufacturer and subcontracting plan requirements in effect at the time of contract award remain in effect throughout the life of the contract.

(5) Where the contracting officer explicitly requires concerns to recertify their status in response to a solicitation for an order, SBA will determine eligibility as of the date the concern submits its self-representation as part of its response to the solicitation for the order.

(6) A concern's status may be determined at the time of a response to a solicitation for an Agreement and each order issued pursuant to the Agreement.

[69 FR 25268, May 5, 2004, as amended at 70 FR 14527, Mar. 23, 2005; 78 FR 61143, Oct. 2, 2013]

§ 125.6 - What are the prime contractor's limitations on subcontracting?

(a) In order to be awarded a full or partial small business set-aside contract, an 8(a) contract, or a WOSB or EDWOSB contract pursuant to part 127 of this chapter, a small business concern must agree that:

(1) In the case of a contract for services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees.

(2) In the case of a contract for supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials).

(3) In the case of a contract for general construction, the concern will perform at least 15 percent of the cost of the contract with its own employees (not including the costs of materials).

(4) In the case of a contract for construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (not including the cost of materials).

(b) An SDVO SBC prime contractor can subcontract part of an SDVO contract (as defined in § 125.15) provided:

(1) In the case of a contract for services (except construction), the SDVO SBC spends at least 50% of the cost of the contract performance incurred for personnel on the concern's employees or on the employees of other SDVO SBCs;

(2) In the case of a contract for general construction, the SDVO SBC spends at least 15% of the cost of contract performance incurred for personnel on the concern's employees or the employees of other SDVO SBCs;

(3) In the case of a contract for construction by special trade contractors, the SDVO SBC spends at least 25% of the cost of contract performance incurred for personnel on the concern's employees or the employees of other SDVO SBCs; and

(4) In the case of a contract for procurement of supplies or products (other than procurement from a non-manufacturer in such supplies or products), at least 50% of the cost of manufacturing the supplies or products (not including the costs of materials), will be performed by the SDVO SBC prime contractor or other SDVO SBCs.

(5) In accordance with § 125.15(b)(3), the SDVO SBC joint venture must perform the applicable percentage of work.

(c) A qualified HUBZone SBC prime contractor can subcontract part of a HUBZone contract (as defined in §

126.600 of this chapter) provided:

(1) In the case of a contract for services (except construction), the qualified HUBZone SBC spends at least 50% of the cost of the contract performance incurred for personnel on the concern's employees or on the employees of other qualified HUBZone SBCs;

(2) In the case of a contract for general construction, the qualified HUBZone SBC spends at least 15% of the cost of contract performance incurred for personnel on the concern's employees;

(3) In the case of a contract for construction by special trade contractors, the qualified HUBZone SBC spends at least 25% of the cost of contract performance incurred for personnel on the concern's employees;

(4) In the case of a contract for procurement of supplies (other than procurement from a regular dealer in such supplies), the qualified HUBZone SBC spends at least 50% of the manufacturing cost (excluding the cost of materials) on performing the contract in a HUBZone. One or more qualified HUBZone SBCs may combine to meet this subcontracting percentage requirement; and https://www.govregs.com/regulations/13/125.15 https://www.govregs.com/regulations/13/125.15 https://www.govregs.com/regulations/13/126.600 https://www.govregs.com/regulations/13/126.600

(5) In the case of a contract for the procurement by the Secretary of Agriculture of agricultural commodities, the qualified HUBZone SBC may not purchase the commodity from a subcontractor if the subcontractor will supply the commodity in substantially the final form in which it is to be supplied to the Government.

(d) SBA may use different percentages if the Administrator determines that such action is necessary to reflect conventional industry practices among small business concerns that are below the numerical size standard for businesses in that industry group. Representatives of a national trade or industry group or any interested SBC may request a change in subcontracting percentage requirements for the categories defined by six digit industry codes in the North American Industry Classification System (NAICS) pursuant to the following procedures.

(1) Format of request. Requests from representatives of a trade or industry group and interested SBCs should be in writing and sent or delivered to the Director, Office of Government Contracting, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416. The requester must demonstrate to SBA that a change in percentage is necessary to reflect conventional industry practices among small business concerns that are below the numerical size standard for businesses in that industry category, and must support its request with information including, but not limited to:

(i) Information relative to the economic conditions and structure of the entire national industry;

(ii) Market data, technical changes in the industry and industry trends;

(iii) Specific reasons and justifications for the change in the subcontracting percentage;

(iv) The effect such a change would have on the Federal procurement process; and

(v) Information demonstrating how the proposed change would promote the purposes of the small business, 8(a), SDB, woman-owned business, or HUBZone programs.

(2) Notice to public. Upon an adequate preliminary showing to SBA, SBA will publish in the Federal Register a notice of its receipt of a request that it considers a change in the subcontracting percentage requirements for a particular industry. The notice will identify the group making the request, and give the public an opportunity to submit information and arguments in both support and opposition.

(3) Comments. SBA will provide a period of not less than 30 days for public comment in response to the Federal Register notice.

(4) Decision. SBA will render its decision after the close of the comment period. If SBA decides against a change, SBA will publish notice of its decision in the Federal Register. Concurrent with the notice, SBA will advise the requester of its decision in writing. If SBA decides in favor of a change, SBA will propose an appropriate change to this part.

(e) Compliance will be considered an element of responsibility and not a component of size eligibility.

(f) The period of time used to determine compliance for a total or partial set-aside contract will be the base term and then each subsequent option period. For an order set aside under a full and open contract or a full and open contract with reserve, the agency will use the period of performance for each order to determine compliance unless the order is competed amongst small and other-than-small businesses (in which case the subcontracting limitations will not apply). However, the contracting officer, in his or her discretion, may require the concern to perform the applicable amount of work or comply with the nonmanufacturer rule for each order awarded under a total or partial set aside contract.

(g) Work to be performed by subsidiaries or other affiliates of a concern is not counted as being performed by the concern for purposes of determining whether the concern will perform the required percentage of work.

(h) Where an offeror is exempt from affiliation under § 121.103(h)(3) of this chapter and qualifies as a small business concern, the performance of work requirements set forth in this section apply to the cooperative effort of the joint venture, not its individual members.

(i) Where an offeror is exempt from affiliation under § 121.103(b)(8) of this chapter and qualifies as a small business concern for a reserve of a bundled contract, the performance of work requirements set forth in this section apply to the cooperative effort of the small business team members of the Small Business Teaming Arrangement, not its individual members.

(j) The contracting officer must document a small business concern's performance of work requirements as part of the small business' performance evaluation in accordance with the procedures set forth in FAR 42.1502.

The contracting officer must also evaluatecompliance for future contract awards in accordance with the procedures set forth in FAR 9.104-6.

[61 FR 3312, Jan. 31, 1996; 61 FR 39305, July 20, 1996, as amended at 64 FR 57372, Oct. 25, 1999; 65 FR 45835, July 26, 2000; 69 FR 25266, May 5, 2004; 69 FR 29208, May 21, 2004; 69 FR 29420, May 24, 2004;

70 FR 14527, Mar. 23, 2005; 70 FR 51248, Aug. 30, 2005; 72 FR 3040, Jan. 24, 2007, 72 FR 50041, Aug. 30, 2007; 73 FR 56948, Oct. 1, 2008; 78 FR 61143, Oct. 2, 2013; 79 FR 31849, June 3, 2014] https://www.govregs.com/regulations/13/121.103 https://www.govregs.com/regulations/13/121.103

For this procurement:

Joint Venture Agreement to be reviewed by the SBA St Louis district office 314-539-6600

Note: the district office needs to be the one that supports the contractor’s business location.

Another Resource: APTAC (Association of Procurement Technical Assistance Centers:

APTAC

APTAC is the professional organization of and for DLA-funded Procurement Technical Assistance Programs. APTAC supports the PTACs by providing them important information, professional networking, comprehensive training opportunities and a voice in national government contracting assistance and policy arenas.

http://www.aptac-us.org/find-a-ptac/?state=MO

MO PTAC Macon 514 E. Briggs Drive #D Macon, MO 63552 660-385-2173

Christopher Shoemaker Procurement Counselor Phone: 660-385-2173 Email Address: shoemakercl@missouri.edu http://www.aptac-us.org/find-a-ptac/?state=MO mailto:shoemakercl@missouri.edu