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-09-0028 Page 2 of 14

A Pre-Bid Conference and Site Visit were held in the Waxahachie, Texas and at the watershed site, on June 11, 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, 2:15 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.

2. Page 5, Liquidated Damages – Construction $700 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 225 calendar days of performance time. Work must start within 10 days after receipt of notice to proceed. The NTP is expected to be issued o/a July 20, 2009. Period of performance is now estimated to be July, 20, 2009 to March 2, 2010.

A Pre-construction meeting will be conducted, o/a July 14, 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. The Engineer will address the following requirements in greater detail:

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

Amendment 1 to AG-7442-S-09-0028 Page 3 of 14

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 21, FAR Clause 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction – has a typo: “Goals for Minority Participation for Each Trade” should READ:

18.2%.

13. 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.

14. 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.

15. 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/.

16. 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.

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

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

19. 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.

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

21. Pages 34 Bid Guarantee – The bid bond is 20 percent (%) of your bid or $338,000.00, whichever is less.

22. 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 $338,000, 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

Amendment 1 to AG-7442-S-09-0028 Page 4 of 14

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 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 2:15 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:

Replace Bid Schedule with the Attached Revised Bid Schedule.

1. In Construction Specification (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 28 in Section 12 add: “In addition to the mixing and placement requirements specified in CS 28 the Contractor shall place the lime treated earthfill as specified to the requirements for compaction, processing, and moisture content in accordance with Section 5 and Section 10 of Construction Specification 23.”

3. Change: In Section 8.b. (1) of Pollution Control, CS 5: the value of 1,100 to read: 2,686 linear feet.

4. In CS 8 Mobilization and Demobilization delete the following requirements in Section 4.a. (2): “(a)- (e).”

5. In CS 8 Mobilization and Demobilization add the following requirements in Section 4.a. (2);

(a) “Access to the work area shall be from County Road just north of the site. From the county road an access road shall be constructed and maintained by the Contractor. The access road shall be a minimum of 14 feet wide and be graded and smoothed to provide a surface which can be easily traversed by automobiles. Culverts shall be placed as needed. Additional culverts shall be installed at crossings of low areas where significant concentrations of runoff water accumulate and cause ponding of water. The road shall be maintained in a smooth rut-free condition throughout the contract period. Culverts installed as a part of this item of work shall have sufficient strength to support the anticipated loads imposed by construction traffic. Any culverts installed shall be left in place in good condition at the end of the contract period. If damage occurs to the culverts due to construction activities, those culverts shall be replaced. Corrugated steel culverts shall be galvanized. Minimum culvert size shall be 18 inch i.d. and a minimum of 24 feet long with 2-2/3" x 1/2" corrugations and 16 gage minimum thickness. A minimum of 18 inches of compacted fill shall be placed over top of the pipe before construction equipment is allowed to pass.

(b) As a part of the work required by this bid item, the Contractor shall install a 20-foot-wide wire gap or gate(s) at the intersection of the access road with the county road. The entrance shall be recessed, by fencing, 40 feet (minimum) from the county road right-of-way. The entrance fencing is temporary and shall be removed and the original fence restored to its pre-construction condition after completion of the work. One entrance is required.

(c) As a part of this bid item the Contractor shall furnish, install and maintain all barricades, warning signs, traffic control devices, etc. necessary to control traffic and provide for public safety at the intersection of the site entrance from the public road. The Contractor's traffic control system shall comply with the requirements of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways.

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(d) As a part of this bid item the Contractor shall furnish a facility at the construction campsite suitable for use as a field office for the Government. The facility shall contain not less than 240 square feet (8-ft-wide by 30-ft-long) having a minimum 7-ft-high ceiling. The building shall be constructed in a workmanlike manner and shall be weather-tight. It shall have not less than three windows and one door. It shall have a cabinet top range (either gas or electric) with a minimum of two burners or elements and may be either built in or portable. A microwave oven 0.80 cubic feet in size and having a minimum power rating of 650 watts output shall be provided. A substantial workbench and a table, each 3-ft-wide by 8-ft-long with the work surface 42" above floor level and covered with laminated plastic, shall be provided. Cabinet storage shelves shall be included with the workbench. Two standard 60" x 30" office desks with drawers and leg space shall be provided. Two office swivel chairs and 4 straight chairs shall be provided. The floor shall have a heavy duty vinyl or similar covering. Walls, ceilings and floors shall be constructed in such a manner as to provide a minimum of 1.5 inches of space between inside and outside surfaces. The 1.5-inch space shall be filled with a high density insulation material. A closet (30" wide x 42" long) having a 28" wide door shall be included. The building shall be wired for electricity with a minimum of three ceiling fixtures and a minimum of three wall outlets on each long wall. The building shall be plumbed and connected to a permanent source of pressurized water. The Contractor shall furnish a source of potable drinking water inside the building and shall maintain a supply of potable drinking water throughout the contract period. A flush toilet and a wash basin (lavatory) shall be provided within a private area, and shall be properly connected to a sanitary sewer or sanitary holding tank. If a sanitary holding tank is utilized it shall be serviced as frequently as necessary to maintain the flush toilet and wash basin in proper working order and to minimize objectionable odor. A thermostatically controlled means that is capable of maintaining the temperature inside the building at 75 degrees in the summer with refrigerated air and 80 degrees in the winter, for heating and air conditioning the building shall be provided. The building shall be built in such a manner that it is substantial and can be easily moved.

A prefabricated building or trailer will be acceptable if approved by the COR. The Contractor shall furnish and install all utilities to the facility and pay all utility usage costs throughout the contract period. The building or other facility shall be maintained in good condition throughout the contract period by the Contractor, except for damages caused by negligence of the Government. The building or other facility shall be separate and apart from any building or facilities of the Contractor and shall be for sole use of the Government.

(e) The building or other facility shall be securely anchored or tied-down to provide maximum possible stability against overturning by high winds. Flashing or skirting shall be installed around the building from floor level to ground level.

(f) Access to the door to the building or facility from the ground shall be provided by substantial steps leading to a landing having a minimum size of 5 feet wide by 6 feet long. Substantial handrails shall be provided for the steps and the landing.

(g) The building shall be enclosed by a six (6) foot high chain link fence placed to provide a minimum of six (6) feet clearance between the fence and the outside walls of the building. One (1) gate four (4) feet in width shall be installed in the fence.

(h) The Contractor shall furnish and install electrical service to the building or facility. The electrical service shall be 110-120 volt, 60 amp, and alternating current. The Contractor shall be responsible for supply of power to the Government's field office throughout the contract period, including all usage costs. If a portable generator is used to supply electrical power, the Contractor shall be responsible for the complete operation and maintenance of the generator. The generator shall remain in continuous operation throughout scheduled work hours each day and shall be located a minimum of 100 feet from the field office and shielded so as to minimize the noise in the Government occupied building or facility.

(i) The building or other facility and all utilities shall be in place at the worksite prior to the start of work requiring continuous inspection and no later than 15 days after receipt of the Notice to Proceed.”

6. In CS 23 Earthfill Section 10.a. (3) delete elevation 542.3 and insert 545.3.

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7. Insert Construction Specification 91 “Chain Link Fence”, attached, in the solicitation following Construction Specification 81.

8. Insert Bid Item 23 into the bid schedule the following;

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

23 Chain Link Fence 91 1 Job $XXXX $________

9. Replace Drawing TX-EN-0540 Sheets 2, 3, 4, and 6 with the attached revised Drawings TX-EN-0540 Sheets 2, 3, 4 and 6 (Revision R1).

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

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.

Amendment 1 to AG-7442-S-09-0028 Page 7 of 14

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 (CS) and (2) Material Specifications (MS). 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.

CLEARING AND GRUBBING 2

Subsidiary Item to bid item 7. Specification consist of clearing and grubbing required to construct the embankment repair. The designated area is all areas of the embankment, lime treatment area, stockpile areas, and /or borrow areas at 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.

Subsidiary Item to bid item 7. This item of work requires the contractor to remove and dispose of concrete and concrete pipe. Disposal shall be off site.

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 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 1,100 feet are estimated to be used.

SEEDING SPRIGGING AND MULCHING 6

Payment for this item shall be made in Bid Item 3. Contractor 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. The planned downstream slope is to be repaired steeper than a 3:1 slope.

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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 a field trailer for the governments use for an 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).

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 may 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.

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.

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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 8 – Excavation, Common Berm Excavations in the upstream berm are classified as common.

The measurement and payment method in Section 9 is Method 3. Stripping is required to remove weeds, grass, roots, and soils containing significant vegetative or organic material, 6 to 12 inches.

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

Concrete Structures Excavation – is subsidiary to Concrete structural. This excavation shall not be measured.

EARTHFILL 23

Bid Item 9- Earthfill, All work required to place earthfill on the earthen berm and outlet channel, including topsoil. Note the earthfill processing requirements.

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

DRAINFILL 24

Bid Item 10. The drainfill shall meet the requirements of Material Specification 521. The percentage of drainfill materials that is finer than the 200 U.S. Standard Sieve Size shall not be more than 3 percent, when tested in accordance with ASTM C-117. A soundness test on the fine and coarse aggregate is required.

The fine aggregate shall not be limestone or crushed limestone except in combination with other materials such that not more than 5% of the portion finer than the No. 4 sieve shall be limestone. The gradation requirements for the fine aggregate and coarse aggregate are shown on the drawings Sheet 13.

Compaction of the drainfill is required as specified in Section 9.

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.

Subsidiary item of work consist of salvaging and placing topsoil on the outlet channel. Payment shall be included in the bid item for earthfill.

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 (see Section 7. “Mixing”). 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.

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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.

CONCRETE 31.

All Concrete item shall be constructed using Type II cement. All finished surfaces exposed to air or water shall be finished by (1) a complete Carborundum stone rubbing or (2) by treatment with a cement based heavy duty coating such as "Thoroseal" manufactured by Thoro System Products. Bituminous preformed expansion joint filler material has to meet ASTM D-994. All concrete must have a 28 day compressive strength of 4000 psi.

Bid Item 15 all concrete except for the PRM and Fence corners, it includes pipe bedding, support blocks, the impact basin, plus the items which are subsidiary to the pay item.

STEEL REINFORCEMENT 34.

Bid Item 16 All work required to furnish and place all steel reinforcement required for the construction of the concrete works for this site.

REINFORCED CONCRETE PRESSURE PIPE SPILLWAY CONDUIT 41.

Bid Item 17 AWWA C-301, 36” The pipe section installed shall be 10 feet each in length. Coordination of Installation of PS Pipe, this item was noted and discussed.

PLASTIC PIPE 45.

Bid Item 18 This item consists of furnishing and installing perforated and non-perforated 4” ID plastic pipe meeting the requirements of AWWA C-900 Pressure class 100, ASTM D1785, schedule 40; or

ASTM D2241, SDR 21.

ROCK RIPRAP 61.

Bid Item 19 Rock Type 1 is required. Gradation requirements are on drawing Sheet 6. Test load requirements are in 8.a.(3). 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. Statement-of-delivery ticket showing weight to the nearest 0.1 ton is required. Delivery of rock is allowed only during regularly scheduled work hours.

METAL FABRICATION AND INSTALLATION 81.

Subsidiary item is for the furnishing and installing the rodent guards on the impact basin, payment shall be included in 4” PVC pipe

CHAIN LINK FENCE 91

Added Bid Item 23. Contractor shall install a chain link fence per specification and at approximate location shown on drawing, around the top of the impact basin. See added Specification in Amendment 1.

FENCING 92

Payment for this item shall be made in Bid Item 20. The Contractor shall replace all fences removed.

The fence shall meet Drawing sheet 14 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

Amendment 1 to AG-7442-S-09-0028 Page 11 of 14 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 21.

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 22. Non Woven Class I as defined in Material Specification 592, Table 592-2.

Drawings Drawing TX-EN-0540, Sheets 1 to 15 was reviewed.

Site Visit: Contractor, NRCS personnel and Sponsors all visited the site.

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:

Q: What is a wire gap?

A: See Drawing TX-EN-0540 Sheet 14 in the upper right hand side of the sheet.

Q: Will the amendment be posted on-line?

A: Yes, it will be posted in the FBO web site on or about Monday June 15.

Q: Is the 1,100 ft listed in Pollution Control for the sediment fence correct?

A: The Bid Schedule amount of 2,686 is correct. In Section 8.b.(1) of Pollution Control CS 5, the value of 1,100 shall be changed to 2686 as per this amendment.

Q: Do you provide electronic topographic information for the contractor to use?

A: No, only the drawings in the IFB.

Q: Will you pay for actual quantities from our (Contractors’) surveys?

A: No, the contractor shall be compensated from quantities calculated from surveys and calculation performed by the NRCS.

Q: How often are progress payments made?

A: Once per month or as submitted by contractor not to exceed once per month.

Q: How is the progress quantities calculated for payments?

A: By agreement between the NRCS Construction Inspector and the Contractor’s on-site superintendent.

NRCS will not require the Contractor to survey and calculate quantities and submit unless a disagreement cannot be settled.

Q: Will we get control points?

A: Yes the Contractor will be given horizontal and vertical control points to use in layout of the work.

Q: Can we get the DWG (AutoCAD) files for the construction drawings?

A: No.

Q: Does the contractor furnished field office have to be separate?

A: Yes, the Contractor shall furnish a field office for the sole use of the government.

Q: When were the NRCS surveys done and how were they performed?

Amendment 1 to AG-7442-S-09-0028 Page 12 of 14

A: The surveys were performed using NRCS personnel and equipment approximately 5-6 year ago.

Q: Are you saying the work will require the equipment specified as common excavation in the excavation specification?

A: The contract specification for Excavation does not specify what the contractor has to use. The excavation required to accomplish to work is specified as common. In CS 21 “Excavation”, the definition of common excavation is included in Section 2 “Classification”. It states that all work specified in this job falls under this designation, if the contractor could not remove the material using the specified equipment it would be classified as either rock or unclassified.

Q: Is 100% of standard proctor density required?

A: Yes, see CS 23 earthfill section 5 and 10, for both earthfill and lime treated earthfill.

Q: Will topsoil be paid for as a bid item?

A: Yes, there are two bid items for topsoil, Bid item 11 for the topsoil placed on the embankment repair and bid item 12 for the topsoil placed on the processing area where the soil is lime treated. Both items require the contractor to salvage existing topsoil from areas being worked on-site.

Q: Explain the payment for topsoil excavation and earthfill topsoil?

A: Topsoil is required to be salvaged and placed on the finished surface of lime treated earthfill on the embankment one foot thick measured normal to the slope. Topsoil is not required on the upstream berm repair up to elevation 545.3. Topsoil is measured and paid for per square yard of surface area it is placed.

All other areas of repair, fills around the impact basin that do not lime treatment, receive 6” of topsoil, it is an earthfill item, and payment for topsoil is included in earthfill. For the Outlet channel, excavation that receive topsoil are paid for under bid item for earthfill, see Subsidiary item, Section 7.c. in CS 26.

Q: What is the size of the granular quicklime?

A: See Material Specification 303 Lime Section 2.b. “Quicklime”.

Q: Is there a time frame before you can place lime?

A: In CS 28 Lime Treated Earthfill, the lime has to be incorporated into the soil as per the mixing requirements; placement can begin after all mixing requirements are met. It is required that all mix mixed shall be placed within an 8 hour time frame after mixing starts.

Q: Does Section 10 in CS 28 apply?

A: Section 10 Curing does not apply to this contract.

Q: What happens to the unplaced lime treated soil?

A: If the soil is not placed within the specified time to the specified density the treated soil does not meet contract specifications. Compensation is not made for material not meeting contract requirement.

Contractor would have to remove material not meeting contract requirement.

Q: What if a rain event comes on the lime treated soil?

A: If the materials get excess moisture, and the percent of quicklime is not known and cannot be used due to events beyond the contractor control, options for use would have to be submitted for consideration. Use may depend on the amount of material, percent job completion. Options could include incorporation into another area, or use in top portion of repair. If the lime treated earthfill has been placed and the lift has been compacted as per contract requirements, the material shall not be removed; density and moisture content shall be checked and reworked if needed.

Q: Does the density test have to be done the same day?

A: Yes if you plan to place additional lifts on top of the lift in question.

Q: Can you reapply lime to unplaced lime that was not placed in accordance with the specification?

A: Yes, as long as payment of the quicklime is made only once.

Q: Will the Reinforce Concrete pipe require a special fitting?

A: Yes, See the note on Drawing TX-EN-0540 Sheet 6.

Amendment 1 to AG-7442-S-09-0028 Page 13 of 14

Q: Does the test load for rock have to remain on-site?

A: Yes, then it may be used in the rock riprap placement at the last.

Q: On this job one full time quality Control person is needed?

A: See requirements for CQC, CS 94 Section 10.a. (7) and (8), inspections being periodic, full time or continuous. If the contractor has scheduled to perform operations that require continuous inspection at the same time the contractor would have to have more than one CQC inspection on site to watch both operations.

Q: If we use borrow for the lime treated earthfill does it have to be treated in the designated mixing area?

A: Yes

Q: Do you have to blue top the subgrade?

A: Yes, the contractor is required to set blue tops, see CS 7 Construction Surveys.

Q: Can the Contractor get topsoil from the borrow area?

A: Yes.

Q: Can we get the name and number of the landowner?

A: The current operator (contact for the landowner) using the property is Mike McConnell, LMI, Lewis and McConnell Investments, LLC, Office 817-648-1953.

Q: Do we need a new outlet pipe? Can we salvage and reuse the existing pipe instead?

A: The plans call for a new pipe, and the designated portion of the existing pipe shall be removed and hauled off the site.

Q: Can the Contractor do a geologic investigation?

A: Once the contract is awarded and the contractor is issued a notice to proceed, a geologic investigation can be performed, but is not required.

Q: Are we responsible to dewater if the pool area fills up?

A: Yes see CS 11 Removal of Water.

Q: Do we have to excavate all material before placing earthfill?

A: The area of placement has to be examined prior to earthfill placement. All placed earthfill shall be placed in level lifts beginning at the lowest elevation on the side of the dam being worked on, and proceed upward.

To deviate from this contract requirement, a written modification would be required and to prepare the modification I would request a written sectional construction plan that incorporated all the provisions of CS 23 Section 4.

Q: Where is topsoil stockpiled?

A: Within the specified work limits.

Q: Are there water wells and how deep?

A: Do not know. It is the contractor responsibility to secure water for construction.

Q: Can the contractor work outside of the specified work limits?

A: No, the contractor shall perform all work within the specified limits. The only way to work outside the specified limits is with written permission from the landowner.

Q: Can we excavate half of one side of the dam?

A: This is possible but would require contract modification, currently the contract requires all placed earthfill to be placed in level lifts beginning at the lowest elevation one the side of the dam being worked on, and proceed upward. The modification would require a written sectional construction plan that incorporated all the provisions of CS 23 Section 4.

Q: Can the power supply be from a generator?

Amendment 1 to AG-7442-S-09-0028 Page 14 of 14

A: Yes, See this amendment, Item 5 in the corrections to the solicitation.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX Tom Beach, COTR, NRCS, Temple, TX Kristy Oakes, DC, NRCS, Corsicana, TX, Monty Gearner, DC, Waxahachie, TX, Tom Sulak, Watershed Sponsor Representative Ellis County Randy Mullenay, Allco Inc, Beaumont, TX Gary Conaway, SERCO Construction, Dallas, TX Mark O’Donnell, GR Birdwell Construction, Houston, TX Billy Martin, Dirt Works, Covington, TX DeAnn Bell, Urban Farmers, Waxahachie, TX Szurgot & Peede Land Surveyors, Ltd, Hillsboro, TX ECW Recoveries, LLC, Fort Necessity, LA Randy Sprinkle, Precision Impact Recovery, Pauls Valley, OK Toby Mills, Jay Mills Contracting, Inc, Stephenville, TX Neil Miller, Cooper Excavation, Inc, Dallas, TX Stephen Hollar, Deep South Resources, Andalusia, AL Clay Segers, A.L. Helmcamp, Inc, Buffalo, TX Charles Corlew, Delmonico, Atlanta, GA Gaylon Hammett, Hammett Excavation Inc., Dodd City, TX Josh Trees, JR Excavation, Italy, TX Allen Feller, Feller Enterprises, St George, UT John Bell, Hillsboro Sand and Gravel, Hillsboro, TX Joe Morris, Aurora Commercial Construction Inc., Channelview, TX Tina Moore, Apollo, Beaumont, TX Tim Robinson, Mann Robinson & Son, Inc., Aubrey, TX Steve Tunnell, The Nage Company, Waxahachie, TX

ATTACHMENTS:

Revised Bid Schedule Construction Specification 91 “Chain Link Fence” Drawings: Sheets 2, 3,4 and 6 Revised

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