Amendment 1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

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

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

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

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

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

NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

AG-7442-S-09-0014 Page 2 of 7 San Jacinto River Authority

1. A Pre-Bid Conference and Site Visit were held reference the San Jacinto River Authority, Montgomery County, Texas, Debris Removal and Disposal project on February 12, 2009. The following information was reviewed with the contractors at the showing, which covered administrative notes; Safety, the Specifications, the site map and site visit. Included is list of individuals that attended the site showing. The following information shall be used in the preparation of your bids.

Invitation For Bids (IFB), Sealed Bids must arrive at the address in Block 9, SF 1447, by, 2:15 PM, March 10, 2009. Please label on the outside of the envelope the Solicitation Number.

1. Page 1, Fill in Contractor’s name, address, telephone number and DUNS number in

Block 13.

2. Page 2; Acknowledge all amendments to the Solicitation on Standard Form 30, Blocks 15A – 15C.

3. Page 3, Bid Schedule: Complete all blanks; failure to fill in the blanks may results in your bid becoming non-responsive.

4. Page 6, Inspection of Services – Fixed Price – In part: “The Contractor shall provide and maintain an inspection system acceptable to the Government…”. The Government has the right to inspect the work; any services that do not conform to the specification, the Government may require the contractor to correct at no increase to the contract price.

5. Page 7, Liquidated Damages – Supplies, Services, or Research and Development –

There is a $750 per calendar day contractor caused delay.

6. Page 7, Commencement, Prosecution, And Completion of Work - There are 85 calendar days of performance time. Work must start within 10 days after contract award.

7. Page 7, Maximum Workweek - Construction Schedule - The maximum workweek that will be approved is 7am – 5 pm Monday through Friday and 8am – 5 pm on Saturday. No work on Federal Holidays.

8. Page 9, NRCS Supplement to OSHA - A written plan for implementing the Accident

Prevention clause will be required before commencing work. The Contractor will comply with applicable OSHA safety regulations and the NRCS Supplement to OSHA Parts 1910 and 1926.

The NRCS Supplement to OSHA emphasizes several specific safety items which must be address by the Contractor. Hank Wiederhold will address the following requirements in greater detail:

a. First aid facilities

b. First aid training documented by certificates

c. Physical examinations for hoist operators and others as applicable

d. Dust control

e. Equipment shall be outfitted with working backup alarms, seat belts, and approved roll-over protective structures

f. Hard hats shall be worn on the job site at all times

AG-7442-S-09-0014 Page 3 of 7

g. Certificate of Insurance indicating compliance with State Worker's Compensation statutes

h. CONCERNING THE FIRST AID TRAINING: Every foreman's work crew must include an employee who has a current first aid certificate from the Mine Safety and Health Administration, American Red Cross, or other state-approved organization.

i. Written plan for accident prevention and safety (CO must approve prior to beginning work).

j. Restroom Facilities

k. Safety Meetings, weekly “tool box” and monthly

All equipment shall be inspected by the NRCS Inspector prior to use on the project.

Equipment shall be inspected at the job site.

9. Page 15, 52.232-1 Payment, by reference – All payments made by the Government is done by electronic funds transfers (EFT). Payment is based on the information the Contractor has provided in the Center Contractor Registration. It is your responsibility to ensure the database is current and correct.

10. Page 18, 52.228-16 Performance and Payment Bonds – Other than Construction –

There is a performance bond requirement of 100 percent of the contract price. This cost is reimbursable under the Bid Item Mobilization and Demobilization. Proof of cost is required for payment.

11. Page 19, List of Documents, Exhibits and Other Attachments, list the attachments to the Solicitation. This is a service contract and as such, the “Service Contract Act of 1965” applies.

12. Page 20, 52.204-7 Central Contractor Registration – Registration is mandatory prior to receiving a contract award.

13. Page 22, 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns – A 10% evaluation factor shall apply in accordance with the regulation.

14. Pages 22-24, 52-204-8 Annual Representation and Certifications - Paragraph (b)(1) applies. The contractor is to complete the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov; except for the changes identified in 52.219-1 Small Business Program Representations.

15. Page 25, 52.214-12 Preparation of Bids - The Contractor is required at a minimum:

a. Name/Address/Telephone number and DUNS number in Block 13, Page 1 on

SF1447;

b. Complete block 27, Page 1 on SF 1447;

b. Fill out the Bid Schedule on page 3;

c. Complete the Representations, Certifications and Other Statements of Bidders

(annual on-line, check para (b)(2) (i) on page 22, or (ii) if applicable to just this solicitation;

d. Acknowledgment any amendments (SF30).

AG-7442-S-09-0014 Page 4 of 7

Clause 52.214-12 Preparation of Bids is incorporated by reference: (a) “Bidders are expected to examine the drawings, specifications, Schedule, and all instructions.

Failure to do so will be at the bidder’s risk.”

16. Page 25, 52.252-1 Solicitation Provisions Incorporated by Reference and 52.252-2

Clauses Incorporated by Reference - Have the same force and effect as if given in full text. A copy of the referenced clauses is available for review at the NRCS State Office in Temple, Texas or they can be viewed at: http://www.arnet.gov/far/

17. The solicitation does not include weather delays. Credit will be given for actual delays, as documented by the Job Site Inspector, in his daily job diary.

2. This Solicitation is amended as follows:

Revised Bid Schedule: replace Page 3 of 27 with the Revised Bid Schedule.

Pen and Ink correction to the Specification 430, Page 8, Section 6, Paragraph (2) Bid Item 3, quantity from 10,426 feet to 6,475 feet.

Add: FAR Clause 52.211-18 Variation in Estimated Quantity. (APR 1984)

ADD: NRCSAR 4I-52.249-70 Time Extensions For Unusually Severe Weather

(NRCS, AMB, JULY 1993)

(a) This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Clause entitled, DEFAULT (FIXED PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

(b) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly time evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON SIX (6) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(6) (4) (4) (4) (5) (5) (5) (5) (5) (4) (5) (5)

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent

AG-7442-S-09-0014 Page 5 of 7 work on contract activities for fifty (50) percent or more of the Contractor's scheduled workday. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number anticipated in paragraph b, above, the contractor may submit a written request for a modification for an extension of performance time due to unusually severe weather. The Contracting Officer will convert qualifying delays to calendar days, giving full consideration for equivalent fair weather days, and issue a modification in accordance with FAR clause 52.249.10, DEFAULT (FIXED-PRICE CONSTRUCTION).

Changes and/or corrections: Pen and Ink correction to the Specification 430, Page 4, Section 6, paragraph 3, last sentence: “If the Contracting Officer Representative determines that this can not be done in a safe manner, the tree shall be cut to ground level with the cut portion of the tree disposed of in accordance with this specification.”

Change to read: The Specification 430, Page 8, Section 6, Paragraph (2) Bid Item 3, consist of the debris removal and disposal for Drainage Segment 2. This work consists of debris removal along the drainage channel from West Alden Bridge Drive to the west bank of Alden Lake. Then to commence again from the walking path below Alden Lake to the intersection of Panther Branch. The approximate length of the segment, less Alden Park, is 6,475 linear feet. The width of the area is as marked in the field."

This is a reduction of linear feet from the Solicition.

GENERAL ITEMS OF CONCERN

• Once work is started on a site, it needs to be completed by the contractor prior to moving from the site.

• All utilities discovered in the work area will be identified. The absence of indicators on the ground does not assure the nonexistence of utilities in the work area. The contractor is alerted to conduct his/her own search and discovery for utilities in order to avoid potential damages. The contractor, as required by law, shall notify the One Call Notification System prior to any ground disturbance and return the confirmation number to the NRCS Inspector.

3. Contract Specifications

SPECIFICATIONS

The construction specifications are composed of two parts. The first part is called the closed specification and is the standard NRCS construction specification that begins with the SCOPE and ends with MEASUREMENT AND PAYMENT or PAYMENT. The second part is called the open specification and consists of the ITEMS OF WORK AND CONSTRUCTION DETAILS that are written specifically for this job.

Not all of the Construction Specifications have a corresponding Bid Item. Some of the bid items have subsidiary items of work, which means those items are required to be accomplished but the payment for those items are included under another Construction Specification.

AG-7442-S-09-0014 Page 6 of 7

4. Questions and Answers:

Q: Are certified payrolls required?

A: Yes.

Q: Define large business?

A: A business that earns more than $11.5 million.

Q: Do signs specifically have to say, “NRCS EWP PROJECT”?

A: Yes.

Q: Are there lateral ditches to be cleared?

A: No.

Q: Will reseeding be required?

A: No, not in the maintained easement area. See question and answer below.

Q: When you say “hangers,” do you only mean limbs hanging over the water?

A: No. Hangers are to be removed from the full width and length of the maintained easement area.

Q: Will contractors be responsible for landfill tipping fees?

A: Yes.

Q: Can the bids be hand delivered?

A: Yes, all bid openings are pubic bid openings, the Contractor can hand deliver the bid, bids must be delivered on time or prior to time specified to be responsive. Late bids will be considered non-responsive. Contractor will be given a short abstract only. The long abstract will be posted at www.fbo.gov after award.

Q: If a contractor gets the first bid, can they withdraw their second bid?

A: Yes. A contractor can withdraw his bid anytime before bid opening.

Q: How will progress payments be handled?

A: Progress payments will be allowed not more often than once every two weeks.

Q: Can the Municipal Utility District (MUD) lateral ditches be used for access?

A: The MUDs may allow this on a case-by-case basis with the understanding that any rutting or soil disturbance will have to be filled, smoothed and reseeded. Concurrence from the MUD will be required in writing or noted in the Inspector’s job diary.

Q: Will contractors be responsible for soil disturbance at access points adjacent to roads?

A: Contractors will be required to smooth, fill and reseed any disturbed areas at access points. Contractors should remove accumulated soil from equipment entering the roadway in order to minimize clods and mud from City streets. Clods and accumulated soil on the roadway must be cleared by the contractor to prevent hazards to vehicles on roadways.

Q: Will stump grinding be allowed?

AG-7442-S-09-0014 Page 7 of 7

A: Yes. Chips produced must meet and be spread according to specification.

A This amendment shall be attached to and become a part of the solicitation. Failure to acknowledge receipt of this amendment may render your bid non-responsive.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX Hank Wiederhold, COTR, NRCS, Nacogdoches, TX Trey Bethke, District Conservationist, Hempstead, TX Ron Kelling, SJRA, Conroe, TX Blake Kellum, SJRA, Conroe, TX Carroll Fuller, CI, NRCS, Temple, TX Blackmon Company, Smithfield, NC Allen Feller, Feller Enterprise, UT Donald Rawls, Genie Companies, Houston, TX J M Smith Construction, Spring, TX James Hardy, Woodson Inc, Willis, TX John Deville, ChemSpray South, Gonzales, LA Mark Delaney, SRS, Mobile, AL Scott Stevens, Advanced Pipeline Services, Inc, Sinton, TX KD Solution, Plainwell, MI G Lingon Hauling Co Santee Modular Homes, Santee, SC Lisbon, Inc, Rosharon, TX Lonnie Belrose, Jeff Hall, Bertucci Services, New Orleans, LA John Jiang, Apex Construction, Plano, TX Alexis Miranda, Xpert’s Gulf, Covington, LA Jason Hollen, S&R Operations, Missouri City, TX Larry Moak, Myers Marine Construction, Gulf Coast, Spring, TX Douglas Potthoff, Precision Impact Recovery, Pauls Valley, OK Union Forestry Labor, Inc, Ackerman, MS Roger Laveller, Ishcomer Construction, Calera, OK Tex-American Recycling, Inc, Ft Worth, TX S&D Contracting LLC, Lake Charles, LA Kerry Stafford, Grillet Construction, LLC, Beye Clase, LA Jerry Lowe, Joe Lowe, Lowe Brothers, Munday, TX Neil Shelton, Optimum Services, Inc, Okeechobee, FL Carl Tragesser, USA Environment, LP, Houston, TX Richmond Tree Experts Inc, Marietta, GA Inland Construction & Equipment, Panama City, FL Bryce Fletcher, DRC Emergency Svcs, Mobile, AL Salvador Rodriguez, Rodriguez Disaster Cleanup, Creekwood, NC Angelita D Morrisroe, Recovery Reconstruction Svcs, Dudley, NC All Purpose Contracting, Blackburn Enterprises, Spring, TX RRJ Debris Removal, Smithfield, NC Doug Hassell, Hilton Services, LP, Rusk, TX Mann Robinson & Son Inc, Rusk, TX Crowder Gulf, Theodore, AL Wayne Gunderson, QRI, Baton Rogue, LA

Amendment 1 to AG-7442-S-09-0014

Supplies or Services/Prices

In order to be considered responsive, a bidder must bid on all line items in the quantities stated in the Bid Schedule.

REVISED BID SCHEDULE

SAN JACINTO, MONTGOMERY COUNTY, TEXAS

Item Estimated Unit No. Work or Material Quantity Unit Price Amount

1. Mob/Demobilization 1 LS $________ $____________

2. Debris Removal and Disposal Segment 1 8,450 LF $________ $____________

3. Debris Removal and Disposal Segment 2 6,475 LF $________ $____________

4. Debris Removal and Disposal Segment 3 9,200 LF $________ $____________

5. Debris Removal and Disposal Segment 4 11,000 LF $________ $____________

6. Debris Removal and Disposal Segment 5 7,100 LF $________ $____________

7. Debris Removal and Disposal Segment 6 3,700 LF $________ $____________

TOTAL $ ____________

Award restriction (Aug 1987 NRCS, AMB) - One award for the aggregate of all bid items will be made under this solicitation.

AWARD SHALL BE MADE TO THE LOW RESPONSIVE, RESPONSIBLE BIDDER.

PRICE RANGE - $250,000 - $500,000.

101 SOUTH MAIN STREET

TEMPLE, TX 76501

101 SOUTH MAIN STREET

TEMPLE, TX 76501

Contractors must Acknowledge Amendment 1 in Blocks 15A-C of Standard Form 30.

See Continuation Sheets