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-09-0036 Page 2 of 6

A Pre-Bid Conference and Site Visits were held in the City of Lampasas and Lampasas County, Texas and at all sites, on June 19, 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.

Request for Quotes (RFQ), Quotes must arrive at the address in Block 7, SF 1442, by, 2 PM, July 16, 2009.

Please label on the outside of the fax cover letter or envelope the Solicitation Number.

1. Page 3, 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 3, Bid Schedule. There are three sections to the Schedule. Two under the base items and one as an

Additive Bid Items. Bid Items 1-4 is for the repair of the Sulphur Creek auxiliary spillway; Bid Items 5-6 is for debris removal/disposal. Funding permitting, Bid Items 7-8 will also be awarded at the time of contract award.

3. Page 7, Inspection of Services – Fixed Price and Inspection of Construction - These clauses are included by reference. Key points: The Government has the right to inspections and test all services/construction; if any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with the contract requirements at no increase in contract amount.

The work 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. Each site will be inspected and accepted upon completion of the work.

4. Page 8, Commencement, Prosecution, And Completion of Work - There are 37 calendar days for the base items and a total of 48 days for all bid items. Work must start within 5 days after receipt of notice to proceed.

The NTP is expected to be issued o/a July 30, 2009.

A Pre-construction meeting will be conducted, o/a July 23, 2009.

5. Page 10, Maximum Workweek - Construction Schedule - The maximum workweek that will be approved is 10 hours per day, Monday through Saturday, except for official federal holidays.

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

8. Page 16, 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.

9. Pages 20-23, Clauses 52.225-9 Buy American Act – Construction Materials and 52.225-10 Notice of Buy

American Act Requirement – Construction Materials apply.

10. Page 23 list both North American Industrial Classification System Codes for construction (237990) and debris removal (562119). Both must be in your CCR record and ORCA.

Amendment 1 to AG-7442-S-09-0036 Page 3 of 6

11. Page 23 Clause 452.232-70 Reimbursement for Bond Premiums – Fixed Price Construction. Payment and Performance bonds are required, 100% of the contract price and are reimbursable under Bid item 2. You must show documentation with your invoice for all mobilization costs.

12. Page 23, 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/.

13. Pages 24-25, Time Extensions for Unusually Severe Weather – days will be credited as earned.

14. Page 25, Bid Guarantee. A 20% bid guarantee or $4,000 is required which ever is less. I will allow a faxed copy with the quote, however, will need the original from the successful bidder.

15. Page 26, List of Documents, Exhibits and Other Attachments to the RFQ, wage determinations, specifications and Site map and drawing. Service Contract Act and Davis- Bacon Act apply.

16. Page 27, 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.

17. Pages 27-28 Clause 52.219-19 Small Business Concern Representation for the Small Business Competitiveness

Demonstration Program. You must complete this clause and submit with your quote.

18. Page 30, Submission of Bids, bids shall be submitted 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. Alternate offers will not be accepted. At a minimum the following must be provided:

Completed Standard Form 1442, signed and telephone number Page 2 of the SF 1442 completed to include Block 19 acknowledging all amendments to the Solicitation Completed Bid Schedule Bid Bond of 20% or $4,000 which ever is less (see paragraph 14 above) Complete the on-line application for Representation and Certifications, and check paragraph (b)(2) (i) on p27; attached page 27 to your quote Complete FAR Clause 52.219-19, pages 27-28

Please make sure you provide your DUNS number on the front of the SF 1442. Fax quotes are accepted. The Quotes MUST arrive no later than July 16, 2009 at 2:00 pm CST. Please note on the front of your fax cover sheet or envelop the Solicitation Number.

19. Page 30, 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:

Pen and Ink corrections to the drawing and construction specifications shall be made as follows:

Construction Drawings:

Sheet 1:

1. In the “Notes”, the statement in the 5th paragraph should read “Heavy construction equipment shall not be allowed to travel in the auxiliary spillway unless in the work limits.”

2. Remove the note “Fence to be removed salvaged and replaced” and add the note “Fence to be removed and disposed by contractor”.

Amendment 1 to AG-7442-S-09-0036 Page 4 of 6

Specifications:

1. Change the following note in CS 6 Seeding, Sprigging and Mulching Section 7. second paragraph, to read:

In Section 6, Measurement and payment, Method 2 shall apply.

2. Change the following note in CS 6 Seeding, Sprigging and Mulching Section 7. a., to read:

(2) The rate of application of the Coastal Bermuda hay mulch shall be 2-1/2 tons per acre.

3. Add the following note in CS 8 Mobilization and Demobilization Section 4. a.

(3) All cutting of woody vegetation required to complete the spillway repair shall be removed and disposed of as directed by engineer. Prior to the cutting of woody vegetation approval from the engineer shall be obtained.

3. Contract Bid Items and Construction Specifications

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.

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.

An example of the materials which require material certifications are: Seed and Hay mulch

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

Amendment 1 to AG-7442-S-09-0036 Page 5 of 6

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.

Sulphur Creek auxiliary spillway repair:

POLLUTION CONTROL 5

Subsidiary Item to bid item 4. A Storm Water Pollution Prevention Plan is not required. Specification includes work required to accomplish the requirements of Section 1, to control erosion and minimize sediment and other pollutants to water and air.

SEEDING, SPRIGING AND MULCHING 6

Bid Item 1. Includes all work for preparing, furnishing, seeding and mulching all disturbed areas by the contractor.

Seeding rates and types are specified in section 7. Hay mulch shall be Bermuda grass.

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 3 – Excavation, Common; Excavations in the repair of the gully are classified as common. The measurement and payment method in Section 9 is Method 3. The true surface is the surface as shown on the drawings. Embankment Stripping is required to remove weeds, grass, roots, and soils containing significant vegetative or organic material, 3 to 12 inches.

Borrow Excavation– is subsidiary to bid item, 4 Earthfill. Borrow excavation shall not be measured.

EARTHFILL 23

Bid Item 4: Item of Work -Earthfills require Class C compaction. A minimum of 4 passes of loaded rubber tired hauling earth hauling equipment. Maximum lift thickness shall be 6” and maximum particle size in earthfill shall be 4”. 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 and approved by the Engineer. Items subsidiary to Earthfill are Pollution Control and Excavation, Common, Borrow.

City of Lampasas Debris Removal:

STORM DEBRIS REMOVAL

Bid Item 6 - Reach 1 and Bid Item 8 - Reach 2: Reach 1 extends from Western Ave to 4th Street. Reach 2 extends from 4th street to a predetermined point. Access points to the stream are indicated on the location map. Additional, access points will be the contractor’s responsibility. The contractor shall remain within work limits at all times. The City will provide additional landowner contact information upon request at time of award.

Debris will be removed and disposed of from sites. Burning will not be permitted within City Limits unless prior approval from Engineer.

Sulphur Creek auxiliary spillway repair and City of Lampasas Debris Removal:

MOBILIZATION AND DEMOBILIZATION 8

Bid Item 2, 5, & 7: The work consists of the mobilization and demobilization of the contractors forces and equipment necessary for performing the required work. The fences on Sulphur Creek 3 shall be removed as designated the site showing.

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.

Amendment 1 to AG-7442-S-09-0036 Page 6 of 6

Site Visits:

City of Lampasas Debris Removal - The access points to the stream were visited. Work limits were marked with orange flagging and discussed at those locations.

Sulphur Creek Spillway Repair-Items designated at the site visit included; access route, camp area, stock pile area and designated waste area. The approximate location of improvements was indicated with wood stakes painted orange.

Drawings Drawing TX-EN-0544, Sheet 1 and the debris removal location map 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:

Questions and Answers:

Q: Is chipping or mulching allowed on site?

A: Yes, all chipped or mulched material must be evenly distributed on stream banks.

Q: Is a performance bond required?

A: Payment and Performance bond at 100% of the contract price.

Q: Do you have the North American Industry Classification System (NAICS) codes?

A: FAR Clause (Page 27) 52.204-8 shows the NAICS code for construction (237990) and service (562119) (debris).

Q: Is a permit required for debris removal?

A: No.

Q: Is traveling in the stream with heavy equipment allowable?

A: No, however, limited travel as required for temporary crossing or temporary access point will be permitted. The stream bed shall not be used for a road or have equipment parked on it at any time.

Q: Are we allowed to make access ramps to bring in equipment?

A: No.

Q: Are the trees for removal going to be marked?

A: No.

Q: Are there any restrictions with the landowner?

A: No, so long as you stay within the work limits and access areas.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX John Hrebik, COTR, NRCS, Temple, TX Tony Barley, CI, NRCS, Temple, TX Rick Cantu, DC, NRCS, Lampasas, TX Charles Clary, PE, NRCS, Lampasas, TX David Holy, Holy Contractors, LLC, China Springs, TX Scott Mechell, Mechell Dozer Services, West, TX Judd Henderson, A.L. Helmcamp, Inc., Buffalo, TX Ben Bowers, Bowers Vegetation Management Service, LLC, Whitney, TX Eric Klingerman KC Commercial, LLC, Georgetown, TX

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.

See Continuation Sheets