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

Amendment 1 to AG-7442-S-09-0027 Page 2 of 14

A Pre-Bid Conference and Site Visit were held in the Lockhart, Texas and at both Watershed Dams, on June 10, 2009. The following information was reviewed with the contractor at the showing, which covered administrative notes, Safety, the Construction Specifications, the construction drawings and sites visit. Included is list of individuals that attended the site showing. The following information shall be used in the preparation of your bids.

It is the contractor’s responsibility to download all documents from Federal Business Opportunity website, www.fbo.gov. Any documents passed out at the Site Showing were DRAFTS.

Invitation For Bids (IFB), Sealed Bids must arrive at the address in Block 7, SF 1442, by, 2:00 PM, June 29, 2009.

Please label on the outside of the envelope the Solicitation Number.

1. Pages 3 & 4, Bid Schedule, make sure all unit price items are filled in as this is the price that will determine the total contract value. We are repairing two dams under the Recovery Act funding and each has its own fund code. In order to track each fund code, the solicitation package is divided into two sections, one for each dam.

Plum Creek Watershed Site 8 will be repaired first.

2. Page 5, Liquidated Damages – Construction $660 per calendar day of contractor caused delay.

3. Page 7, Inspection of Construction - This clause is included by reference. Key points: “…(c) Government inspections and tests are for the sole benefit of the Government and do not—

a. Relieve the Contractor of responsibility for providing adequate quality control measures;

b. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

c. Constitute or imply acceptance; or

d. Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(i) below.”

The site will be inspected and all exceptions noted on Form ADS 45, “Final Inspection and Certificate of Completion”. The Contracting Officer will accept as completed as soon as practicable after the completion of the work.

4. Page 8, Commencement, Prosecution, And Completion of Work - There are 350 calendar days of performance time. Work must start within 20 days after receipt of notice to proceed. The NTP is expected to be issued o/a July 14, 2009.

A Pre-construction meeting will be conducted, o/a July 7, 2009.

4. Page 8, Variation in Estimated Quantity – On unit priced items, there is a 15% VIQ, in which the quantity within the 15% +/- of the estimated quantity will be paid at the unit price.

5. Page 10, Maximum Workweek - Construction Schedule - The maximum workweek that will be approved is 10 hours per day, Monday through Saturday, except for the Fixed Shutdown days.

6. Page 10, Accident Prevention - 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. NRCS has a “fill-in-the-blanks” standard safety plan that the contractor can use.

7. Page 11, Fixed Shutdown – Thanksgiving Holiday and three weeks in December (Christmas and New Year

Holiday).

8. Page 11, NRCS Supplement to OSHA - The NRCS Supplement to OSHA emphasizes several specific safety items which must be address by the Contractor.

9. Page 18, Payment by Electronic Funds Transfer—Central Contractor Registration by reference – All payments made by the Government is done by electronic funds transfers (EFT). Payment is based on the information the

Amendment 1 to AG-7442-S-09-0027 Page 3 of 14

Contractor has provided in the Center Contractor Registration. It is your responsibility to ensure the database is current and correct.

10. Page 18, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 – This clause is required by the ARRA and protects employees under this Act.

11. Page 18, American Recover and Reinvestment Act – Reporting Requirements - This clause is required by the

ARRA. Contractors are to submit quarterly reports per Paragraph (c), page 19. Reports are done on-line at www.FederalReporting.gov. I have included this clause in full text for your review.

12. Page 23, FAR Clause 52.225-21, Required Use of American Iron, Steel, and Manufactured Goods-Buy American

Act-Construction Materials, replaces FAR 52.225-9, Buy American Act – Construction Materials. Full text included.

13. Page 25, FAR Clause 52.225-22, Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy

American Act-Construction Materials, replaces FAR 52.225-10, Notice of Buy American Act Requirement– Construction Materials. Full text included.

14. Page 26, Clauses 52.252-1 Provisions Incorporated by Reference, and 52.252, Clauses Incorporated by

Reference - Have the same force and effect as if given in full text. The clauses can be viewed at http://www.arnet.gov/far/.

15. Page 27, Reimbursement for Bond Premiums – Fixed-Price Construction Contracts – (FAR Clause Performance and Payment Bonds – Construction, page 17) – A 100% payment and performance bond are required, within 5 days after contract award. The costs of the bonds are reimbursable, upon receipt of the paid invoice. Include the costs of the bonds under Construction Specification 8, Mobilization and Demobilization, as there is not a separate bid item.

16. Page 28, Time Extensions for Unusually Severe Weather – days will be credited as earned.

17. Pages 29-30, List of Documents, Exhibits and Other Attachments to the IFB, wage determination, specifications and drawings, SWPPPs.

18. Page 31, Representations, Certifications and Other Statements of Offerors – Please read thoroughly.

Offerors must be registered in Central Contractor Registration prior to award, www.ccr.gov.

Offerors must complete the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) at website: http://orca.bpn.gov. Information is certified as current, accurate, complete and applicable to this solicitation within the last year. Any changes that apply to this solicitation only must be identified and submitted with the quote.

Tax ID must match the number that the IRS has on record.

19. Page 32, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program – Check the appropriate blocks and submit with your bid.

20. Pages 34 Bid Guarantee – The bid bond is 20 percent (%) of your bid or $554,000.00, whichever is less.

21. Page 34, Submission of Bids, bids shall be submitted in a sealed envelope and addressed to USDA-NRCS, Attn:

Kat Pinckney, 101 S Main Street, Temple, TX 76501 and arrive prior to bid opening to be consider for award.

NOTE that a Bid Guarantee is required in the amount of 20% of the Bid amount or $554,000, whichever is less.

Alternate offers will not be accepted. At a minimum the following must be provided:

Completed Standard Form 1442, signed and telephone number Amendments, SF 1442, page 2, signed and dated Completed Bid Schedule Complete the on-line application for Representation and Certifications, and check paragraph (b)(2) (i) on p31; attached page 31 to your bid Complete the FAR Clause 52.219-19, Page 32 and submit with bid

Amendment 1 to AG-7442-S-09-0027 Page 4 of 14

Bid bond Please make sure you provide your DUNS number on the front of the SF 1442. Fax bids are not accepted. The

Bids MUST arrive no later than June 29, 2009 at 2:00 pm CST. Please note on the front of your envelop the Solicitation Number.

22. Page 34, Preparation of Bids – In part “… (a) Bids must be – (1) submitted on the forms furnished by the

Government or on copies of those forms and (2) Manually signed…”; “(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid…”; (d) Alternate bids will not be considered…”

2. This Solicitation is amended as follows:

Plum Creek Site 8

1. In Construction Specification (CS) 8 Mobilization and Demobilization, Section 4.a.(2)(a) correct as follows:

“Access to the site entrance is off of CR-64, which is off of FM 2720. A culvert off of FM 2720 is not required.”

2. In CS 6 Section 7. Add the following changes to the first paragraph: “Mulch shall be stabilized by a nonasphaltic tackifier and shall be applied at a rate of 40 pounds per acre, or by mechanical crimper as described in Section 5 of CS 6, if the safety criteria can be meet, the safety criteria is to provide an anchor tractor and tie off of equipment operating on slopes greater than 3:1.”

3. In CS 6 Section 9. Items of Work and Construction Details, change to number to Read: “Section 7” from Section 9.

4. In CS 28 in Section 12 add: “Compaction, processing, and moisture content shall be performed in accordance with the requirements of Section 5 and Section 10 of Construction Specification 23.”

Lower Brushy Creek Site 4A

1. In CS 6 Section 7. Add the following changes to the first paragraph: “Mulch shall be stabilized by a nonasphaltic tackifier and shall be applied at a rate of 40 pounds per acre, or by mechanical crimper as described in Section 5 of CS 6, if the safety criteria can be meet, the safety criteria is to provide an anchor tractor and tie off of equipment operating on slopes greater than 3:1.”

2. In CS 5 In Section 8.b.(1) change the approximate amount of sediment fence to “3,675 linear feet”.

3. In Sheet 6 of the Drawing TX-EN-0543 change “Approximate 3890 feet of sediment fence are currently shown”, to “Approximate 3,675 feet of sediment fence are currently shown.”

Special Contract Requirements

ACCIDENT PREVENTION AND SAFETY, SUPPLEMENT TO OSHA PART 1926 AND 1910 Construction Industry Standards and Interpretations

The Contractor shall comply with applicable OSHA safety regulations 1926. The Contracting Officer will notify the Contractor of any noncompliance with these requirements. If the Contractor refuses to comply with these requirements, all or part of the work may be suspended until corrective action is taken.

The Inspector and Project Engineer will have delegated authority to suspend work for any noncompliance with safety requirements that poses a serious or imminent danger to the health or safety of the public and/or personnel of the Contractor, NRCS, or local Sponsors.

The Supplement to OSHA 1926 and 1910 emphasizes several specific safety items which must be understood by the Contractor prior to bidding this job. Among these items are the requirements for:

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

2. First aid certificates

3. First aid facilities

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

5. Dust control

6. Rollover protective structures

7. Backup alarms

8. Restroom Facilities

Hard hats shall be worn on the job site at all times and equipment shall be outfitted with working backup alarms, seat belts, and approved roll-over protective structures.

All equipment shall be inspected by the NRCS Construction Inspector prior to use on the project. Equipment shall be inspected at the job site.

3. Contract Bid Items and Construction Specifications

Hard hats shall be worn on the job site at all times and equipment shall be outfitted with working backup alarms, seat belts, and approved roll-over protective structures.

All equipment shall be inspected by the NRCS Construction Inspector prior to use on the project. Equipment shall be inspected at the job site.

452.236-76 – SAMPLES AND CERTIFICATES

Certificates and test data shall be submitted to show compliance of materials and construction specified in the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

Materials which require material certifications are: Quicklime, field fencing, geotextile, and rock riprap.

SPECIFICATIONS

There are two types of specifications in this contract: (1) Construction Specifications and (2) Material 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.

Special emphasis items are covered below.

Bid Items 1-13:

Plum Creek Site 8

CLEARING AND GRUBBING 2

Subsidiary Item to bid item 7 consist of clearing and grubbing required to construct the embankment repair. The designated area is all areas of the embankment, lime treatment area, existing piles of debris or previously cleared materials on the site within the work limits as shown on the drawing. Any unburned cleared materials shall be buried within the sediment pool area, 150 feet upstream from the toe of the embankment with 2 feet of cover.

Burning. Open burning shall be in accordance with state and local regulations.

STRUCTURE REMOVAL 3

Subsidiary Item to bid item 5. This item of work requires the contractor to remove and dispose of fences in the work area. Fence removal shall be the all structure fence except the fencing located on the right hand side of the auxiliary spillway and the fence located at the downstream auxiliary spillway exit. All other fences shall be removed and replaced.

POLLUTION CONTROL 5

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General. A SWPPP is required for this site (copy included in contract). A SWPPP (SWP3) has been prepared and shall be amended by Contractor to include a detailed work sequence outline which defines and delineates the Contractor’s construction operation and major earthwork starting and ending times. All applicable TCEQ rules and regulations concerning the TPDES and the SWPPP shall be followed.

Bid Item 1. Includes work required to accomplish the requirements of Section 1 (except sediment filters) and to implement the SWP3 and maintain the SWPPP. Contractor is required to submit a Notice of Intent (NOI). Method 3 in Section 7 establishes lump sum payment for this work which is prorated in equal monthly payments.

Bid Item 2. The sediment filters (silt fence filters) shall be installed as per SWPPP requirements and per Section 8.b. and the Drawings (see sheet 4). Note that 2,338 feet are estimated to be used.

SEEDING SPRIGGING AND MULCHING 6

Payment for this item shall be made in Bid Item 3. Contractor is required to prepare seedbed, furnish and apply sprigs, hay mulch, tackifier and fertilizer.

A good quality Hay Mulch of coastal bermudagrass or native bluestem mix is required on all areas sprigged. Hay mulch application rate is 2.5 tons per acre. The hay mulch shall be stabilized by a nonasphaltic tackifier and shall be applied at a rate of 40 pounds per acre, or by mechanical crimper as described in Section 5 of CS 6, if the safety criteria can be meet, the safety criteria is to provide an anchor tractor and tie off of equipment operating on slopes greater than 3:1.

CONSTRUCTION SURVEYS 7

The surveys that are required to be conducted by the Contractor are specified in Section 5 (Method 2); in Section 9.a.; and in Section 6. Note the Contractor is responsible for the layout of all the work. Also the Contractor is responsible for checking (blue topping) all work. The Contractor shall also submit for approval in writing the name, qualifications and experience of the surveyor personnel for approval prior to commencement of work.

The Contractor is responsible for providing survey information to the NRCS as stated in Section 7, (Records) at the end of the job. Payment for this item shall be made in Bid Item 4. Method 2 in Section 8 establishes lump sum payment for this work and payment amount will be based on progress determined from the approved construction schedule.

Per 9.a.(3), initial surveys from the existing ground surface has been completed by the NRCS, these surveys shall be used to calculate final payment quantities for Excavation and Earthfill. (Provided no other changes are made from the planned lower limits of excavation)

Contractor shall establish the Permanent Reference Markers as specified in CS 92.

MOBILIZATION AND DEMOBILIZATION 8

The Contractor shall furnish and install electrical service to a government furnished field office. All contractor-furnished utilities must be in place prior to work requiring continuous inspection and no later than 7 days after receipt of the Notice to Proceed. Site Access route to the job site shall be maintained in a rut free condition, gravel or other suitable rock shall be used to stabilize the construction entrance (See SWPPP requirements).

Access to the site entrance is off of CR-64, which is off of FM 2720. A culvert off of FM 2720 is not required.

In Section 3 PAYMENT it states, "Payment will be made as the work proceeds, after presentation of paid invoices ….

by the Contractor showing specific mobilization and demobilization costs and supporting evidence of the charges of suppliers, subcontractors, and others." You will be asked to provide proof of the total direct cost. You will have to have paid invoices for the purchase of bonds and mobilization supplies in order to be reimbursed for these items prior to the final payment. Payment for this item shall be made in Bid Item 5.

Items of work subsidiary to this bid item are Traffic Control.

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TRAFFIC CONTROL 9

Subsidiary Item to bid item 5. This subsidiary item of work requires the contractor to establish and maintain traffic control at access points to the work. A written plan is required.

REMOVAL OF WATER 11

This item of work requires the contractor to submit written plans for diverting the surface water and dewatering the construction site are required before beginning construction. The Contractor is responsible for accomplishing the work as specified. Payment for this item shall be made in Bid Item 6. The Contractor shall be responsible for damage to the slide gate. The contractor may impound construction water as needed to accomplish the work in the pool area and the contractor is responsible for the removal of all temporary works as stated in Section 6. The Contractor is responsible to gate operation during the contract period.

EXCAVATION 21

There is no guarantee that materials obtained from the specified excavations may be used directly in the specified fills. Stockpiling of excavated materials to be used in the specific zones of the fill shall be required (to insure their availability).

Bid Item 7 – Excavation, Common Excavations in the embankment are classified as common. The measurement and payment method in Section 9 is Method 3. Embankment Stripping is required to remove weeds, grass, roots, and soils containing significant vegetative or organic material, 6 to 12 inches.

Excavation on the downstream slope around the PS pipe shall be done with caution, any damage to the PS pipe or outlet structure shall be the contractor responsibility to repair or replace.

Borrow Excavation – is subsidiary to lime treated earthfill. Borrow excavation shall not be measured.

EARTHFILL 23

Embankment lime treated earthfill. Item of Work - All lime treated earthfills require Class A compaction shall apply.

In-place dry density of materials being placed shall not be less than 100 percent of the minimum dry density obtained during tests performed in accordance with procedures contained in ASTM Designation D-698 using Method A or B.

In Section 4 - “Placement”, fill shall not be placed until the required excavation and foundation preparation have been completed and the foundation has been inspected, surveyed and approved by the Engineer. Fill shall be placed in horizontal layers. Note the processing requirements including the disk blade size

TOPSOILING 26

Bid Item 8 – This item requires the Contractor to salvage topsoil from the embankment and after lime treated earthfill has been completed, replace the topsoil at a 12” thickness.

Bid Item 9 – This item requires contractor to strip the lime processing area, stockpile the topsoil and replace it after completion of the use of the lime processing area.

LIME TREATED EARTHFILL 28

Bid Item 10 – The Contractor shall use quicklime at 4% relative to the dry unit weight of treated soil. Placement of the lime treated earthfill shall be within 8 hours from the start of the mixing process. Mixing shall be accomplished by using disk and high speed rotary mixers. A minimum of two cycles of mixing and watering shall be accomplished.

Water content at completion of mixing shall be at optimum.

In Section 12 add: “In addition the mixing and placing requirements in CS 28, Section 7, 8, compaction, processing, and moisture content shall be performed in accordance with the requirements of Section 5 and Section 10 of Construction Specification 23.”

Bid Item 11 – The payment for furnishing and handling quicklime shall be paid to the nearest ton by actual weight.

Delivery tickets with the tons delivered shall be furnished to the Construction Inspector prior to unloading the quicklime.

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FENCING 92

Payment for this item shall be made in Bid Item 12. The Contractor shall replace all fences removed. The fence shall meet Drawing sheet 3 construction requirements. Note the PRM installation requirements.

CONTRACTOR QUALITY CONTROL 94

In Sections 3 and 4, Method 2 shall be used. This requires the quality control activities to be performed by competent personnel who are separate and apart from the line supervision and who report directly to management.

Names of quality control personnel and their duties, qualifications, certifications, and authorities are required and shall be submitted to the CO for approval. A written plan (quality control system) must be submitted to the CO for approval. Daily QC reports are required to be submitted to the Inspector. Any testing done by the NRCS is for the sole benefit of the NRCS. It is the Contractor’s responsibility to perform tests to prove and ensure that all work performed meets the contract requirements. All tests shall be conducted in accordance with the appropriate ASTM method and with equipment that meets the requirements of the specified ASTM test method. Color slides or 3 megapixel or greater photos documenting the work are required with automatic imprinting of time and date as specified. Payment for this item shall be made in Bid Item 13.

Bid Items 1-18:

Lower Brushy 4A

CLEARING AND GRUBBING 2

Subsidiary Item to bid item 8 consist of clearing and grubbing required to construct the embankment repair. The designated area is all areas of the embankment, lime treatment area, existing piles of debris or previously cleared materials on the site within the work limits as shown on the drawing. Any unburned cleared materials shall be buried within the sediment pool area, 150 feet upstream from the toe of the embankment with 2 feet of cover.

Burning. Open burning shall be in accordance with state and local regulations.

STRUCTURE REMOVAL 3

Subsidiary Item to bid item 6. This item of work requires the contractor to remove and dispose of fences in the work area. Fence removal shall be the all structure fence.

POLLUTION CONTROL 5

General. A SWPPP is required for this site (copy included in contract). A SWPPP (SWP3) has been prepared and shall be amended by Contractor to include a detailed work sequence outline which defines and delineates the Contractor’s construction operation and major earthwork starting and ending times. All applicable TCEQ rules and regulations concerning the TPDES and the SWPPP shall be followed.

Bid Item 1. Includes work required to accomplish the requirements of Section 1 (except sediment filters) and to implement the SWP3 and maintain the SWPPP. Contractor is required to submit a NOI. Method 3 in Section 7 establishes lump sum payment for this work which is prorated in equal monthly payments.

Bid Item 2 The sediment filters (silt fence filters) shall be installed as per SWPPP requirements and per Section 8.b.

and the Drawings (see Sheet 6). Note that 3890 feet are estimated to be used.

SEEDING SPRIGGING AND MULCHING 6

Payment for this item shall be made in Bid Item 3. Contractor is required to prepare seedbed, furnish and apply sprigs, hay mulch, tackifier and fertilizer.

A good quality Hay Mulch of coastal bermudagrass or native bluestem mix, is required on all areas sprigged. Hay mulch application rate is 2.5 tons per acre. The hay mulch shall be stabilized by a nonasphaltic tackifier and shall be applied at a rate of 40 pounds per acre, or by mechanical crimper as described in Section 5 of CS 6, if the safety criteria can be meet, the safety criteria is to provide an anchor tractor and tie off of equipment operating on slopes greater than 3:1.

Amendment 1 to AG-7442-S-09-0027 Page 9 of 14

Bid Item 4 Wave Protection – The Contractor shall drill seed as specified in the upstream toe between station 6+00 and 13+00.

CONSTRUCTION SURVEYS 7

The surveys that are required to be conducted by the Contractor are specified in Section 5 (Method 2); in Section 9.a.; and in Section 6. Note the Contractor is responsible for the layout of all the work. Also the Contractor is responsible for checking (blue topping) all work. The Contractor shall also submit for approval in writing the name, qualifications and experience of the surveyor personnel for approval prior to commencement of work.

The Contractor is responsible for providing survey information to the NRCS as stated in Section 7, (Records) at the end of the job. Payment for this item shall be made in Bid Item 5. Method 2 in Section 8 establishes lump sum payment for this work and payment amount will be based on progress determined from the approved construction schedule.

Per 9.a.(3), initial surveys from the existing ground surface has been completed by the NRCS, these surveys shall be used to calculate final payment quantities for Excavation and Earthfill. (Provided no other changes are made from the planned lower limits of excavation)

Contractor shall establish the Permanent Reference Markers as specified in CS 92.

MOBILIZATION AND DEMOBILIZATION 8

The Contractor shall furnish and install electrical service to a government furnished field office. All contractor-furnished utilities must be in place prior to work requiring continuous inspection and no later than 7 days after receipt of the Notice to Proceed. Site Access route to the job site shall be maintained in a rut free condition, gravel roads shall be maintained and restored to original condition after the contract construction period. The Landowner has installed cattle guards along the access roads. The Contractor shall install drive around that allow trucks and equipment an alternate access route around the existing cattle guards, gravel base material and culverts if needed shall be placed on these access routes to go around the cattle guards.

In Section 3 PAYMENT it states, "Payment will be made as the work proceeds, after presentation of paid invoices ….

by the Contractor showing specific mobilization and demobilization costs and supporting evidence of the charges of suppliers, subcontractors, and others." You will be asked to provide proof of the total direct cost. You will have to have paid invoices for the purchase of bonds and mobilization supplies in order to be reimbursed for these items prior to the final payment. Payment for this item shall be made in Bid Item 6.

Items of work subsidiary to this bid item are Traffic Control.

Site Access route to the job site shall be maintained in a rut free condition, gravel or other suitable rock shall be used to stabilize the construction entrance (See SWPPP requirements).

TRAFFIC CONTROL 9

Subsidiary Item to bid item 5. This subsidiary item of work requires the contractor to establish and maintain traffic control at access points to the work. A written plan is required.

REMOVAL OF WATER 11

This item of work requires the contractor to submit written plans for diverting the surface water and dewatering the construction site are required before beginning construction. The Contractor is responsible for accomplishing the work as specified. Payment for this item shall be made in Bid Item 7. The Contractor shall be responsible for damage to the slide gate. The contractor may impound construction water as needed to accomplish the work in the pool area and the contractor is responsible for the removal of all temporary works as stated in Section 6. The Contractor is responsible to gate operation during the contract period.

EXCAVATION 21

There is no guarantee that materials obtained from the specified excavations may be used directly in the specified fills. Stockpiling of excavated materials to be used in the specific zones of the fill shall be required (to insure their availability).

Amendment 1 to AG-7442-S-09-0027 Page 10 of 14

Bid Item 8 – Excavation, Common Excavations in the embankment are classified as common. The measurement and payment method in Section 9 is Method 3. Embankment Stripping is required to remove weeds, grass, roots, and soils containing significant vegetative or organic material, 6 to 12 inches.

Excavation on the downstream slope around the PS pipe shall be done with caution, any damage to the PS pipe or outlet structure shall be the contractor responsibility to repair or replace.

Bid Item 9 – Excavation, Common Upstream Berm Excavations in the berm are classified as common. The lower limits are shown on the drawings.

Borrow Excavation – is subsidiary to lime treated earthfill. Borrow excavation shall not be measured.

Note the Subsidiary item of work to re-grade the AS. Payment for this work shall be included in Topsoil, bid item 11.

EARTHFILL 23

Bid Item 10 - Earthfill. All earthfills require Class A compaction, on the upstream side of the embankment, shall apply. In-place dry density of materials being placed shall not be less than 100 percent of the minimum dry density obtained during tests performed in accordance with procedures contained in ASTM Designation D-698, using Method A or B.

Section 4 - “Placement”. Fill shall not be placed until the required excavation and foundation preparation have been completed and the foundation has been inspected, surveyed and approved by the Engineer. Fill shall be placed in horizontal layers. Note the processing requirements including the disk blade size in Section 10.

TOPSOILING 26

Bid Item 11 – This item requires the Contractor to salvage topsoil from the embankment and after lime treated earthfill has been completed, replace the topsoil at a 12” thickness.

Bid Item 12 – This item requires contractor to strip the lime processing area , stockpile the topsoil and replace it after completion of the use of the lime processing area.

DIVERSIONS AND WATERWAYS 27

Subsidiary Item to bid item 10 requires the construction of stub diversions as shown on the drawings.

LIME TREATED EARTHFILL 28

Bid Item 13 – The Contractor shall use quicklime at 4% relative to the dry unit weight of treated soil. Placement of the lime treated earthfill shall be within 8 hours from the start of the mixing process. Mixing shall be accomplished by using disk and high speed rotary mixers. A minimum of two cycles of mixing and watering shall be accomplished.

Water content at completion of mixing shall be at optimum.

In Section 12 add: In addition the mixing and placing requirements in CS 28, Section 7, 8, compaction, processing, and moisture content shall be performed in accordance with the requirements of Section 5 and Section 10 of Construction Specification 23.

Bid Item 14 – The payment for furnishing and handling quicklime shall be paid to the nearest ton by actual weight.

Delivery tickets with the tons delivered shall be furnished to the Construction Inspector prior to unloading the quicklime.

ROCK RIPRAP 61.

Rock Type 1 is required. Gradation requirements are shown on the Drawing. Test load requirements are in 8.a.(4).

Note the testing requirements in Material Specification 523 and the methods required for the soundness test. The riprap may be equipment placed. Equipment shall not be allowed on the rock during or after placement. Payment for this item shall be made in Bid Item 15. Statement-of-delivery ticket showing weight to the nearest 0.1 ton is required and shall be furnished to the Inspector. Delivery of rock is allowed only during regularly scheduled work hours.

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FENCING 92

Payment for this item shall be made in Bid Item 16. The Contractor shall replace all fences removed. The fence shall meet Drawing sheet 3 construction requirements. Note the PRM installation requirements.

CONTRACTOR QUALITY CONTROL 94

In Sections 3 and 4, Method 2 shall be used. This requires the quality control activities to be performed by competent personnel who are separate and apart from the line supervision and who report directly to management.

Names of quality control personnel and their duties, qualifications, certifications, and authorities are required and shall be submitted to the CO for approval. A written plan (quality control system) must be submitted to the CO for approval. Daily QC reports are required to be submitted to the Inspector. Any testing done by the NRCS is for the sole benefit of the NRCS. It is the Contractor’s responsibility to perform tests to prove and ensure that all work performed meets the contract requirements. All tests shall be conducted in accordance with the appropriate ASTM method and with equipment that meets the requirements of the specified ASTM test method. Color slides or 3 megapixel or greater photos documenting the work are required with automatic imprinting of time and date as specified. Payment for this item shall be made in Bid Item 17.

GEOTEXTILE 95

Per Section 5, geotextile shall be secured in place with pins and overlap shall be 18 inches. Payment for this item shall be made in Bid Item 18. Non Woven Class I as defined in Material Specification 592, Table 592-2.

Site Visit: Sites visited to both Watershed Sites Plum Creek Site 8 and Lower Brushy 4A.

Drawings Drawing TX-EN-0538, Sheets 1 to 4 was reviewed.

Drawing TX-EN-0543, Sheets 1 to 6 was reviewed.

GENERAL COMMENTS:

The contractor is responsible for locating underground utilities and working with the utility owner as needed to process the work. The contractor is responsible for calling the 800 number or the appropriate authority for location of underground utilities.

4. Questions and Answers:

Plum Creek Watershed Site 8 Repair:

Q: Are the Weather days listed in contract clause NRCSAR 4I-52.249-70 Time Extensions for Unusually Severe Weather (NRCS AMB, July 1993) included in the contract performance time?

A: No the days have not been added, weather delay days will be added on a one for one basis.

Q: Does the slide gate work on Plum Creek Site 8?

A: Yes.

Q: What is the density required on the lime treated earthfill?

A: 100% of standard proctor density as determined using ASTM D-698.

Q: Do we use 3 or 4 percent lime?

A: The Contract requires 4% quicklime relative to the dry weight of soil being treated, on both sites.

Q: What is the finished lime thickness on the repaired embankment on Plum Creek Site 8?

A: The lime treated earthfill shall be placed 14’ wide, measured horizontally, minus the thickness of the topsoil, which is 2.92 measured horizontally (1.0’ thick on a 2.75:1 slope, Site 8 only).

Q: How are the pay limits for excavation defined?

A: The specification list the method of pay in Section 9 as method 3. If over excavation is required the over excavation shall be approved by the engineer, surveyed and included for payment. The Contractor shall not over excavate until the engineers approves the over excavation limits.

Amendment 1 to AG-7442-S-09-0027 Page 12 of 14

Q: If over excavation is required, is the fill un-treated or lime treated earthfill?

A: Lime treated earthfill, if the overexcavation being backfilled is in the area where lime treated earthfill is being placed.

Q: Who oversee the Contractor’s Quality Control?

A: The Contractor shall submit a CQC system plan for approve to the CO. The plan shall identify personnel, duties, qualifications and authorities of appointments. The plan shall be compared to the specified requirements list in CS 94, if the plan or personnel do not meet the stated construction specification’s requirements it shall not be approved.

The on-site CQC person cannot be supervised by the contractor on-site personnel. The Governments Construction Inspector shall be on-site full time for quality assurance.

Q: Are the antiseep collars as shown on the drawing correct?

A: Yes, the existing antiseep collars shown on the drawings are present and should be avoided. Any damage to the existing antiseep collars shall be repaired by the contractor at no additional expense.

Q: How far are the antiseep collars from the pipe?

A: The as-built plans show the antiseep collars on Site 8 to be 8’ x 8’ in size, the pipe is a 24” ID; they extend approximately 3 feet above the top of pipe.

Q: Is there enough fill without excavation in borrow?

A: The site’s required excavations will be used prior to using the on-site specified borrow areas. I cannot say that the borrow area will not be used. The drawing shows the location of the borrow areas specified upstream of the embankment.

Q: Can the contractor use the upstream berm for equipment operation?

A: Yes, any area used by the contractor such as the upstream berm will be repaired to its original condition, before the site can be accepted as complete.

Q: Where is water available?

A: The Contractor is responsible to secure water for construction, possible water sources discussed; rural water supplies, landowners, and on-site coffer dams. Any contractor installed temporary measured used to supply water for construction, shall be restored at completion of the work. The Landowners name is Mike Reynolds and his office number is 512-419-7601.

Q: What zone of material is being removed and treated?

A: The materials used for construction of the site were heavy clay soils.

Q: Does the contractor have to remove rocks 2” in size from the lime treated earthfill?

A: No, the material present will be used for the lime treated earthfill. The Contractor shall treat the soil with lime treatment as per the specified mixing requirements.

Q: Does the Contractor have to provide 24 hour electric service to the Government field trailer?

A: Yes, the specification does require 24 hour operation. (The response given at site showing was incorrect)

Q: Does the water have to be potable for moisture content in lime treated earthfill?

A: No, See CS 28 Section 2.

Lower Brushy Creek Watershed Site 4A questions and answers:

Q: Does the access road have to graveled?

A: Yes on the access road temporary drive around will be installed to avoid the existing cattle guards, the contractor shall install gravel on these drive around and stabilize the construction entrance with gravel as per the SWPPP.

Q: Is the subgrade of topsoil required to be blue topped if the contractor uses GPS guided equipment?

A: Yes, layout and staking requirements are stated in CS 7.

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Q: Can the lime treated tailings be worked up into the next lift?

A: The lime treated fill shall be constructed as close as possible to the finished grade (subgrade of topsoil). The contractor may use the excess treated soil in the next lift if over build occurs. The material shall be placed and processed to meet the compaction specified.

Q: Is the lime treated earthfill required to be disked?

A: Yes, see the requirement for both earthfill and lime treated earthfill. CS 23 specifies a disk size and processing requirements.

Q: Does fence fall under the Buy American Act?

A: Yes.

Q: Which project starts first?

A: Plum Creek Site 8.

Q: What happens if the salvaged topsoil is not enough?

A: The Contractor is required to place 12” of topsoil over the lime treated fill. The topsoil shall be salvaged from the embankment and borrow area if needed.

Q: Is the slide gate functional?

A: The landowner said it was not, due to sediment.

Q: Do you measure for pay for water removal?

A: No, payment for water removal is a lump sum item. No measurement is required.

Q: What if we get rains and the lake fills up with water; does the contractor get paid to remove the water?

A: No, other than what is bid under the Removal of Water, Bid Item 7, (Lower Brushy 4A) the Contractor is required to remove surface and ground water in order to accomplish the work specified.

Q: Will time be given for delay due to water in the detention pool?

A: No, not if the conditions do not stop the contractor from safely performing the work specified. The Contract period shall be extended only if the contractor is delayed due to unusually severe weather as defined in NRCSAR 4I- 52.249-70 Time Extensions for Unusually Severe Weather (NRCS AMB, July 1993).

Q: Does a new fence go on the upstream side of the embankment?

A: Yes, all structure fences on Lower Brushy site 4A shall be removed and replaced.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX Tom Beach, COTRE, NRCS, Temple, TX Isidro Morales, DC, NRCS, Lockhart, TX, McKenzie Moore SC, NRCS, Georgetown, TX James Lipscomb, Director, Plum Creek Conservation District, TX Calvin Moerbe, Property Owner, Thrall, TX Randy Mullenay, Allco Inc, Beaumont, TX Hector Puentor, SERCO Construction, Dallas, TX Mack O’Donnell, GR Birdwell Construction, Houston, TX Mark Dorazio, Dorazio Enterprise, San Antonio, TX Clay Harris, Central Texas Road, Inc, Nixon, TX Steve Guerrero, Jimmy Evans Co, Austin, TX Elias Anderson, MAC Inc, Austin, TX Ken Lester, Lester Contracting, Inc, Port Lavaca, TX Randy Sprinkle, Precision Impact Recovery, Pauls Valley, OK Ben Arnold, Cravens Partners, Ltd, Hempstead, TX Toby Mills, Jay Mills Contracting, Inc, Stephenville, TX Jim Hampton, CHASCO Construction, Round Rock, TX Neil Miller, Cooper Excavation, Inc, Dallas, TX

Amendment 1 to AG-7442-S-09-0027 Page 14 of 14

CAS, Wimberley, TX Stephen Hollar, Deep South Resources, Andalusia, AL Jim Brandenberger, Allen Keller Company, Fredericksburg, TX Tom Paez, TSI Laboratories, Victoria, TX Paul Roe, Champion Site Prep, LP, Georgetown, TX Cliff Kay, A.L. Hemcamp, Inc, Buffalo, TX Nick Cole, Dollie Cole Corp, Lockhart, TX Dan Eastman, Optimum Services Inc, Okeechobee, FL

101 SOUTH MAIN STREET

TEMPLE, TX 76501

101 SOUTH MAIN STREET

TEMPLE, TX 76501

Contractors must Acknowledge Amendment 1 in Block 19 of Standard Form 1442, page 2, attached.

See Continuation Sheets