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-09-0064 Page 2 of 7

A Pre-Bid Conference and Site Visit were held in the Gillespie County, Texas and at the project site, on September 30, 2009. The following information was reviewed with the contractor at the showing, which covered administrative notes, Safety, the Construction Specifications, the construction drawings and a site visit. Included is list of individuals that attended the site showing. The following information shall be used in the preparation of your bids.

Invitation For Bids (IFB), Sealed Bids must arrive at the address in Block 7, SF 1442, by, 2 PM, October 21, 2009. Please label on the outside of the envelope the Solicitation Number.

1. Page 4, Liquidated Damages – Construction $770 per calendar day of contractor caused delay.

2. Page 6, 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.”

Each 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.

3. Page 7, Commencement, Prosecution, And Completion of Work - There are 64 calendar days of performance time. Work must start within 6 days after receipt of notice to proceed.

The NTP is expected to be issued o/a November 9, 2009.

A Pre-construction meeting will be conducted, o/a November 3, 2009.

4. Page 7, 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 9, Maximum Workweek - Construction Schedule - The maximum workweek that will be approved is 11 hours per day, Monday through Saturday, except for the Fixed Shutdown days (Page 10).

6. Page 9, 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 17, 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-09-0064 Page 3 of 7

9. Page 20, FAR Clause 52.222-54 - Employment Eligibility Verification – New mandatory clause – on-line requirement.

10. Page 23, Buy American Act – Construction Materials – Applies to this contract action.

11. 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/.

12. 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.

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

14. Page 29, List of Documents, Exhibits and Other Attachments to the IFB, wage determination, specifications and drawings.

15. Page 30, 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.

16. Page 33, Small Business Concern Representation for the Small Business Competitiveness

Demonstration Program. Complete this Clause and submit with your bid.

17. Page 35, Bid Guarantee – The bid bond is 20 percent (%) of your bid or $76,000.00, whichever is less.

18. Page 35, 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 $76,000, 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 Completed Bid Schedule Complete the on-line application for Representation and Certifications, and check paragraph (b)(2) (i) on p30; attached page 30 to your bid Bid bond Amendments, SF 1442, page 2, signed and dated Complete FAR Clause 52.219-19 and attach to your bid, page 33

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 October 21, 2009 at 2:00 pm CST. Please note on the front of your envelop the Solicitation Number.

19. Page 35, 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

Amendment 1 to AG-7442-S-09-0064 Page 4 of 7 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:

CORRECTIONS:

a. REPLACE Bid Schedule with the Attached.

b. REPLACE Drawing Sheets 2 of 5 and 4 of 5 with the attached sheet drawings, dated 9/28/09.

The bid schedule shall be corrected for Bid Item #3, Sheet Piling. The bid item for sheet piling shall be lump sum for the materials and total installation of the four weirs as shown.

c. The following corrections were made on the plan drawings:

Sheet 2 of 5 – The estimated quantities of sheet piling shall be 1,360 sq. ft. in lieu of 1,200 sq. ft.

Sheet 4 of 5 – The horizontal length of the sheet piling shown on the four weir profiles shall be 20

ft. in lieu of 10 ft. as shown.

Sheet 4 of 5 – The notes on the plan sheet state that all sheet pilings shall be 20 ft. Dimensions shown on the weir profiles differ. Piling lengths shall be as shown on the four profiles and will vary from 22’ on weir #1 to 16’ on weir #3 and #4.

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

Amendment 1 to AG-7442-S-09-0064 Page 5 of 7

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.

The following information was reviewed with the contractors at the showing, which covered the Construction Specifications, Drawings, Material Specifications, Corrections to the Solicitation and the Site Visit. Please use this information along with the question and answer section for the preparation of needed amendments to this solicitation.

CONTRACT CONSTRUCTION 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 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 called the open specification and consists of the ITEMS OF WORK AND CONSTRUCTION DETAILS that are written specifically for this job.

All of the Construction and Material Specifications are listed on page 29 of 37 in the solicitation.

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

BID ITEMS AND SPECIFICATIONS REVIEWED

Each bid item will be discussed briefly. Specifications will not be covered individually unless you have a question or concern about one.

MOBILIZATION & DEMOBILIZATION: (bid item #1)

As per Section 4, item 4, Payment shall be provided as follows; Payment for documented upfront cost can be made on the first invoice. A maximum of 85% of the lump sum cost for mobilization/demobilization can be invoiced and paid prior to the final payment.

The Contractor is responsible for traffic control and public safety.

LOOSE ROCK RIPRAP (bid item #2)

Quantities for rock riprap on the Bid Schedule for Item #2 is for all gradations of rock riprap. Changes from quantities shown on the plans for a site must be approved by the NRCS engineer prior to delivery of any overage. The NRCS inspector will note approval of quantities in the daily diary maintained for the work. NRCS will pay on tons of rock approved for delivery and installation.

Rock gradations shall be submitted for approval prior to start of work.

Amendment 1 to AG-7442-S-09-0064 Page 6 of 7

SHEET PILING (bid items #3)

Sheet piling shall be a minimum of 3/8” thickness and have a positive interlock with adjacent piles. The finished grade of the driven piling shall be 1.0’ below the ground and 1.0’ below the finished grade of the rock riprap. The piling shall be driven to the depth as provided on the plan drawings. The estimated amount of sheet piling to be installed is approximately 1300 square feet.

Measurement and Payment shall be Lump Sum for the total installation of all four locations of sheet piling.

None of the described methods of payment apply.

SITE PREPARATION (bid items #4)

It is the contractor’s prerogative to survey sites to challenge the NRCS site preparation classification but I will say that when the yardage computations was border line, we generally selected the classification with the larger total cubic yards of excavation and earthfill.

Excavation is unclassified. Unclassified excavation is the excavation of all materials encountered, including rock materials, regardless of their nature or the manner in which they are removed.

Surplus or unsuitable excavated materials will be designated as waste and shall be disposed by the contractor as directed by the engineer.

All compaction shall be Class C. Where equipment can not be routed over the earthfill for adequate compaction, mechanical hand compaction equipment as approved by the NRCS engineer shall be used.

Drawings: Reviewed Drawings TX-EN-0528 Sheets 1 to 5.

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: Will sheet pilings be metal?

A: Yes

Q: How far shall the sheet pilings be driven?

A: To the depths as shown on the plan drawings.

Q: Will the sheet pilings require a cap on top?

A: No.

Q: Will hay bales need to be removed along with the fence?

A: Yes. The fence should be removed along the road and materials saved. The fence shall be replaced with as good as or better than the existing.

Q: Will the disturbed area require re-vegetation?

A: Disturbed areas shall be smoothed and seeded as required by the specifications.

Q Were there any boring of the site during site investigation?

A: The river cut bank shall be used as the visual of the soil profile information available.

Amendment 1 to AG-7442-S-09-0064 Page 7 of 7

Q: Is there a weight limit on the bridge?

A; Not if it is not posted by the county.

Q: Are there any endangered species in the area?

A: NRCS has provided for the environmental review requirements.

Q: What about traffic control?

A: Traffic control is included under mobilization/demobilization. The contractor shall post construction signs 200 yards in both directions from the site limits. Signs shall also be posted with respect to trucks when delivering rock and materials.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX Lee Wiederhold, COTR, NRCS, Temple, TX Tom Hammer, DC, NRCS, Fredericksburg, TX Charlie Kaluza, CI, NRCS, Temple, TX Glover Shirley, Shirley and Sons, Cleveland, TX Tommy Nowotny, Allen Keller Co, Fredericksburg, TX Bob Harris, Gulf Coast Limestone, Seabrooks, TX Bob Fly, ERS, Inc, Jackson, MS Meyer Construction, Gatesville, TX Business World, San Antonio, TX Chris French, Central States Underwater, Crosby, TX Travis Yates, Regency Construction, Inc, Slidell, LA

6. Attachments:

Revised Bid Schedule Drawings: Sheet 2 of 5 Sheet 4 of 5

Attachment 1 to AG-7442-S-09-0064 Page 3 of 37

REVISED BID SCHEDULE

Supplies or Services/Prices

REVISED BID SCHEUDLE

GILLESPIE COUNTY, PART II – EWP

Pedernales River – Bank Stabilization

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

1. Mobilization & 8 1 JB Lump Sum $______________ Demobilization

2. Rock Riprap 61 4,500 TN $________ $_______________

3. Sheet Piling 13 1 LS $________ $_______________

4. Site Preparation Class E 420 1 EA $________ $______________

Total of Base Items $________________

ONE AWARD SHALL BE MADE ON THE LOW RESPONSIVE, RESPONSIBLE BIDDERPRICE

RANGE - $250,000 - $500,000

AWARD RESTRICTION (AUG 1987 NRCS, AMB)

One award for the aggregate of all Items will be made under this solicitation.

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