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-10-0036 Page 2 of 16

A Pre-Bid Conference and Site Visits were held in the Taylor, Texas and at the watershed sites, on March 18, 2010.

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 are DRAFTS.

Invitation For Bids (IFB), Sealed Bids must arrive at the address in Block 7, SF 1442, by, 2:00 PM, April 5, 2010.

Please label on the outside of the envelope the Solicitation Number. If you plan to hand-carry your bid, give yourself at least 15 minutes prior to bid opening. You will have to go wait on Security Guard to let you into the Federal Building. Due to the volume of bids and his other duties at the loading dock, it is possible the Guard may not be available to let you in as soon as you arrive.

1. Put your DUNS number in Block 10, Page 1 of the SF 1442. NOTE: Both dams MUST be repaired concurrently.

2. Pages 3-4, Bid Schedules, make sure all unit price items are filled in as this is the price that will determine the total contract value. ALL BLANKS MUST BE FILLED IN.

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

4. Page 8, Commencement, Prosecution, And Completion of Work - There are 131 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 April 26, 2010.

A Pre-construction meeting will be conducted, o/a April 14, 2010.

5. 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.

6. Page 10, Maximum Workweek - Construction Schedule - The maximum workweek that will be approved is 11 hours per day, Monday through Saturday, to include Federal holidays.

7. 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.

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 11, Fixed Shutdown – Due to the funding issues, only the minimum days will be allowed for Thanksgiving, Christmas and New Year, if the needed. These days are not included in the 131 calendar days.

10. 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 http://www.fbo.gov/�

Amendment 1 to AG-7442-S-10-0036 Page 3 of 16

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

11. 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.

12. 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.

13. Page 23, FAR Clause 52.222-54 Employment Eligibility Verification

14. Page 26, 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.

15. Page 28, 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.

16. Page 29, 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/.

17. Page 29, Reimbursement for Bond Premiums – Fixed-Price Construction Contracts – (FAR Clause Performance and Payment Bonds – Construction, page 18) – 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.

18. Pages 30-31, Time Extensions for Unusually Severe Weather – days will be credited as earned.

19. Pages 32-33 List of Documents, Exhibits and Other Attachments to the IFB, wage determinations, specifications, drawings, and SWPPPs.

20. Page 34, 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.

ADD: FAR 52.219-19 “Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.” Attachment 1 to Amendment 1.

21. Page 39, Bid Guarantee – The bid bond is 20 percent (%) of your bid or $260,000.00, whichever is less.

22. Page 39, 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 $260,000, 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, with DUNS no.

• Acknowledgement of Amendments, SF 1442, page 2, signed and dated

• Completed Bid Schedule, fill in all blanks http://www.federalreporting.gov/� http://www.arnet.gov/far/� http://orca.bpn.gov/�

Amendment 1 to AG-7442-S-10-0036 Page 4 of 16

• Complete the on-line application for Representation and Certifications, and check paragraph (b)(2) (i) on p34; attached page 34 to your bid

• Complete FAR Clause 52.219-19, Attachment 1 to Amendment 1

• 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 April 5, 2010 at 2:00 pm CST. Please note on the front of your envelop the Solicitation Number.

23. Page 39, 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:

Changes and/or corrections;

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

All Sites

In CS 6 Seeding, Sprigging, and Mulching delete the requirements in Section 7.a. (3)-(5).

In CS 6 Seeding, Sprigging, and Mulching add the following requirements in Section 7.a.;

“(3) The grass seed shall be drilled onto a firm, clean seedbed. Seed drilled shall be on the approximate contour. A grass seed drill equipped with depth control bands, grain drill with a grass seed attachment, or Brillion (type) seeder shall be used. The seed shall not be planted or covered deeper than ½ inch below the soil surface. The distance between rows shall not exceed 6 inches.

Seed shall be distributed over the entire area at uniform rates. Planting operations shall begin at the base of the slope on works of improvement. The areas shall be firmed before seeding and immediately following seeding with a cultipacker or corrugated packer roller weighing 180 to 190 pounds per foot of width. More weight shall be added as required. Only on areas not accessible to the drilling equipment may seed be broadcasted by hand. The hand seeded areas shall be hand raked and then firmed with a hand operated roller.

(4) Seed of high quality customarily sold in the trade is required. In Section 2, Material, Seed, the last sentence of the second paragraph the maximum time from testing before delivery shall be changed from 9 months to 6 months. The sentence shall thus read “No seed will be accepted with a test date more than 6 months before the delivery date to the site”. The seed must be in sound, clean bags with each bag containing a tag showing, among other things with respect to the contents of the bag, name of the seed, locality and year of harvest, and the percentage of purity and germination.

The seed shall not contain any objectionable foreign material that will hinder proper distribution.

Examples of objectionable foreign material include long sticks and stems, unthrashed seed heads with stems attached or any other objects not normally found in reasonable quality lots of grass seeds. Bag tag figures will be accepted for purity and germination and the seed will either be accepted or rejected by the designated representative on the basis of the bag tag test. The quantity of Johnson grass seed per pound must be stated according to State Law, and if the amount is determined to be excessive for the site, the Contracting Officers Representative (COR) has a right to reject the seed lot. Seeding rates are for “Pure Live Seed (PLS)” therefore, the percentage of purity as shown on the seed tag will determine the number of pounds of bulk material needed to obtain the required amount of pure live seed per acre.

(5) Seeding dates shall be from December 1 to September 1. The seed mixture and application rate shall be:

(a.) Common Bermuda grass, hulled (Cynodon dactylon) 4.6 lb. PLS per Acre (b.) Common Bermuda grass, unhulled (Cynodon dactylon) 6.0 lb. PLS per Acre (c.) Texhoka Buffalo grass burs (Buchloe dactyloides) 8.0 lb. PLS per Acre”

Amendment 1 to AG-7442-S-10-0036 Page 5 of 16

In CS 8 Mobilization and Demobilization delete the requirements in Section 4.a.(2) - (b)-(d).

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

“(b) 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. All used office equipment shall be approved by Contracting Officer prior to installation. 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 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

Amendment 1 to AG-7442-S-10-0036 Page 6 of 16

Upper Brushy Creek Site 29

1. Change the following items on construction drawing TX-EN-0576, Cover Page

- Remove the drawing number in the lower right corner, “TX-EN-0573”

- Insert the following drawing number, “TX-EN-0576”

- Remove the Title of Sheet 1, “General Plan”

- Insert the Title of Sheet 1, “Plan of Embankment Repair”

- Add the following line to the Index of Drawings: “7 Plunge Basin and Outlet Sections” (Drawing attached)

2. Change the following items on construction drawing TX-EN-0576, sheet 1.

- Remove the following note: “New 14’ wide gravel construction access road”

- Insert the following note: “New 14’ wide construction access road”

3. Change the following items on construction drawing TX-EN-0576, sheet 2.

- Remove the following note: “The side slopes of the plunge basin shall be shaped to provide a minimum slope of 2.5:1. The shaping shall be performed in a manner that the cuts and fills shall balance. Rock Riprap shall be place on the slope under and around the conduit as shown. The limits of the shaping and rock riprap shall be as shown at the showing of the site to prospective bidders.”

- Add the following note: “See Sheet 7 Plunge Basin and Outlet Sections for detail”.

4. Change the following items on construction drawing TX-EN-0576, sheet 3.

- Insert “3:1” on the sections drawing for station (12+00)

5. Change the following items on construction drawing TX-EN-0576, sheet 5.

- Remove the General Note 7. “The wire mesh support fence may be eliminated by using extra strength filter fabric and post spaced at 4 feet. In this case, the fabric is stapled or wired directly to the post.”

- Remove the following note: “(Mirafi 100X or equivalent)” from ‘Filter Fabric Silt Fence Details’

- Insert the following note: “(TerraTex SF-D or equivalent)” in ‘Filter Fabric Silt Fence Details’

6. Change the following items on construction drawing TX-EN-0576, sheet 6.

- Remove the note, “3 Gates Required” from ‘16’ Gate Opening’

- Insert the note, “6 Gates Required” under ‘16’ Gate Opening’

7. Change the following items on Bid Item 3, ‘Vegetation, Sprigging’

- Remove the word “

Sprigging

- Insert the word “

Establishment

8. Change the first sentence in the 5th paragraph of CS 23 Earthfill as follows:

- Remove “The minimum disk blade size shall be 36” in diameter”

- Insert “The minimum disk blade size shall be 34” in diameter”

9. The following sentence shall be removed from CS 26 Topsoiling Section 7. a.

(4) The item of work subsidiary to this bid item is Earthfill, Embankment as specified in Construction Specification 23.

10. Change the first sentence in the 9th paragraph of CS 28 Lime-Treated Earthfill

- Remove “The minimum disk blade size shall be 36” in diameter” as follows:

- Insert “The minimum disk blade size shall be 34” in diameter”

- In Section 12 add to Section 7 and 8 of CS 28: “In addition to the mixing and placing requirements compaction, processing, and moisture content shall be performed in accordance with the requirements of Section 6 and Section 10 of Construction Specification 23.”

11. The following sentence shall be removed from CS 95 Geotextile Section 7.

- In Section 6, Measurement and Payment, Method 1 shall apply.

12. Insert the attached Material Specification 592 – Geotextile starting on Page 77of 77 of the Specifications

Amendment 1 to AG-7442-S-10-0036 Page 7 of 16

13. Change the following items on the Bid Schedule:

- Correct Bid Item-10 to READ: Material-Abutment

- Correct Bid Item-13 to READ: Material-Rock Riprap, Spec. No.-61

Lower Brushy Creek Site 8

1. Change the following items on construction drawing TX-EN-0573, Cover Page

- Remove the word “Milam” from subtitle

- Insert the word “Williamson” in subtitle

- Add the following line to the Index of Drawings: “9 Left Abutment Detail” (Drawing attached)

- Remove the note “Structure site no. 8 is located approx. 2.5 miles north of the town of Thrall, in Milam

County, Texas

- Insert the note “Structure site no. 8 is located approx. 2.5 miles north of the town of Thrall, in

Williamson County, Texas

2. Change the following items on construction drawing TX-EN-0573, Sheet 1

- Remove the note “Replace Existing Gate”

- Insert the note “Install 16’ Gate”

- In the Legend change the “Existing Fences” to the symbol “---X---“ and “Fences to be Removed and

Constructed” to the symbol “---R/C---“

3. Change the following items on construction drawing TX-EN-0573, Sheet 2

- Add the following note: “See Sheet 9 Left Abutment Detail for additional layout information”

- Remove the note in Profile on Centerline of Embankment, “Blend Compacted Earthfill from Wave Berm at STA 9+75 to existing ground with a 3:1 min slope.”

- Insert the note in Profile on Centerline of Embankment, “Blend Compacted Earthfill from Wave Berm at

STA 8+75 to existing ground with a 3:1 min slope.”

4. Change the following items on construction drawing TX-EN-0573, Sheet 3

- Remove the following elevation from the Plan Drawing: “Inv. El. 438.4”

- Add the following elevation to the Plan Drawing: “Inv. El. 439.6”

- Remove the following note: “The outlet channel shall be cut from El. 437.4 at the plunge basin outlet to a point downstream to achieve a minimum 0.2% grade.”

- Add the following note: “The outlet channel shall be cut starting at El. 439.4 in the plunge basin outlet to the elevation at station 5+44. The grade in this section of channel shall maintain positive drainage, with a 12ft bottom width and 3:1 side slopes.”

5. Change the following items on construction drawing TX-EN-0573, Sheet 4

- Remove the following elevation at Sta 3+90: “El. 465.1”

- Insert the following elevation at Sta 3+90: “El. 464.6”

6. Change the following items on construction drawing TX-EN-0573, Sheet 6

- Remove the following grid elevations at Sta 10+50 on both sides of the section listed from top to bottom: “10, 10, -10”

- Insert the following grid elevations at Sta 10+50 on both sides of the section listed from top to bottom:

“490, 480, 470”

7. Change the following items on construction drawing TX-EN-0573, sheet 7.

- Remove the General Note 7. “The wire mesh support fence may be eliminated by using extra strength filter fabric and post spaced at 4 feet. In this case, the fabric is stapled or wired directly to the post.”

- Remove the following note: “(Mirafi 100X or equivalent)” from ‘Filter Fabric Silt Fence Details’

- Insert the following note: “(TerraTex SF-D or equivalent)” in ‘Filter Fabric Silt Fence Details’

8. Change the first sentence in the 5th paragraph of CS 23 Earthfill

- Remove “The minimum disk blade size shall be 36” in diameter” as follows:

- Insert “The minimum disk blade size shall be 34” in diameter”

Amendment 1 to AG-7442-S-10-0036 Page 8 of 16

9. Change the following sentence in CS 23 Earthfill

- Remove “Compensation for this item will be included in the payment for bid item Topsoil, Right Abutment.”

Section 10. b.:

- Insert “Compensation for this item will be included in the payment for bid item Topsoil, Left & Right Abutments.”

10. Insert the following statement into the last sentence of the paragraph located at CS 26 Topsoiling

- “including the left abutment as detailed on construction drawings sheet 9”

Section 7. c. (1):

11. Change the first sentence in the 9th paragraph of CS 28 Lime-Treated Earthfill

- Remove “The minimum disk blade size shall be 36” in diameter” as follows:

- Insert “The minimum disk blade size shall be 34” in diameter”

- In Section 12 add to Section 7 and 8 of CS 28: “In addition to the mixing and placing requirements compaction, processing, and moisture content shall be performed in accordance with the requirements of Section 6 and Section 10 of Construction Specification 23.”

3. 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.

Amendment 1 to AG-7442-S-10-0036 Page 9 of 16

An example of materials which require material certifications are: Quicklime, Rock Riprap, Geotextile, Silt Fence, Fencing and appurtenances.

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:

Upper Brushy Creek Site 29

CLEARING AND GRUBBING 2

The Contractor shall remove and dispose of all vegetation within the work limits required for the implementation of the works of improvement as shown on the drawings. Removed vegetation may be burned or buried onsite and shall conform to all state and local regulations. Subsidiary item of work, Payment for this item shall be made in the bid item Excavation, Common Embankment.

STRUCTURE REMOVAL 3

The Contractor shall be responsible to remove and replace the structure fences as shown on the construction drawings. The salvage of perimeter fence material is not required with the exception of the hog wire fence on the downstream toe. Fences removed by the contractor for access and fences that cross the embankment shall be replaced by the Contractor to better or equal to condition. Subsidiary item of work, including replacement of fences, Payment for this item shall be made in the bid items for Mobilization and Demobilization.

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. Maintenance for silt fences shall be included in this bid item.

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 5). Method 1 in Section 7 establishes the payment by the unit price installed. Note that 3,640 linear 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 or crimper and fertilizer.

See Changes in Paragraph 2 above for the type of seeds and conform to the requirements in Section 7. a. (3) – (5).

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, if the safety criteria can be met. The safety criteria is to provide an anchor tractor and tie off of equipment for rubber tired equipment operating on slopes greater than 3:1.

Amendment 1 to AG-7442-S-10-0036 Page 10 of 16

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 Earth fills (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 and potable water to a Contractor furnished government field office. The government trailer shall be enclosed by a chain link fence. All contractor-furnished utilities must be in place prior to work requiring continuous inspection and no later than 15 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). If gravel is placed on access road final location and alignment shall be approved by engineer prior to placement. Gravel placed on access road shall be removed at the completion of construction unless approved by engineer. Access to the site entrance is off of County Road 405.

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 and Structure Removal.

TRAFFIC CONTROL 9

Subsidiary Item to mobilization and demobilization. This 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 and appurtenances. 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 for 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, Embankment - 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. The stripped material shall be salvaged and stockpiled.

Excavation on the upstream 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.

Amendment 1 to AG-7442-S-10-0036 Page 11 of 16

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

EARTHFILL 23

Earthfill, Embankment Abutments – All earthfill outside of the lime-treated earthfill necessary for the completion of the embankment. Subsidiary to Topsoiling Abutments. Class A compaction is required; in-place dry density of materials being placed shall not be less than 100 percent of the maximum 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 – Topsoil, Lime Processing Area-This item requires contractor to strip the lime processing area, stockpile the topsoil and replace at a depth of 12” after completion of the use for the lime processing area.

Bid Item 10 – Topsoil, Abutments-This item consists of replacing the topsoil at a thickness of 12” on areas outside of the limits of the lime treated area. Subsidiary Item Earthfill, Embankment Abutments.

LIME TREATED EARTHFILL 28

Bid Item 11 – Lime-Treated Earthfill-Placement of the lime treated earthfill shall be within 8 hours from the start of the mixing process. Mixing shall be accomplished by using a 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 upward.

In Section 12 add to Section 7 and 8 of CS 28: “In addition to the mixing and placing requirements compaction, processing, and moisture content shall be performed in accordance with the requirements of Section 6 and Section 10 of Construction Specification 23.”

Bid Item 12 – Furnishing and Handling Lime-The Contractor shall use quicklime at 4% relative to the dry unit weight of treated soil. 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.

Bid Item 13 – Rock Riprap-Gradation requirements are shown on the construction drawing. Test load requirements are in 8.a.(3). Note the testing requirements in Material Specification 523 and the methods required for the soundness test, Rock Type 1 is required. 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 and shall be furnished to the Inspector at the time of delivery. Delivery of rock is allowed only during regularly scheduled work hours. Subsidiary Item to geotextile.

FENCING 92

Bid Item 14 - Fences, Barbed Wire. The Contractor shall replace all fences removed unless directed by engineer or noted on construction drawing. The fences shall be constructed to meet the details on sheet 6 construction requirements; gates are included in this bid item. The final location of fences and gates will be as staked by engineer. Subsidiary Item, Establishment of Permanent Reference Markers.

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Subsidiary Item, Establishment of Permanent Reference Markers. – All work and materials required for the establishment of permanent reference markers. This item will not be measured; payment will be made in Fences, Barbed Wire.

CONTRACTOR QUALITY CONTROL 94

Bid Item 15 - In Sections 3, 4 and 9, 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.

GEOTEXTILE 95

Subsidiary Item, Geotextile - Per Section 5, geotextile shall be secured in place with pins and overlap shall be 18 inches. Non Woven Class I as defined in Material Specification 592, Table 592-2. Subsidiary item of work, payment for this item shall be made in the bid item, Rock Riprap.

SHAPING AND SMOOTHING 466

Bid Item 16 – Shaping- This item consists of shaping and smoothing the plunge basin. Payment will be made by the lump sum and will not be measured.

Lower Brushy Creek Site 8

CLEARING AND GRUBBING 2

The Contractor shall remove and dispose of all vegetation within the work limits required for the implementation of the works of improvement as shown on the drawings. Removed vegetation may be burned or buried onsite and shall conform to all state and local regulations. Subsidiary item of work, Payment for this item shall be made in the bid item Excavation, Common, Embankment and Excavation, Common, berm.

STRUCTURE REMOVAL 3

The Contractor shall be responsible to remove and replace the fences as shown on the construction drawings.

Salvage of the removed perimeter fences is not required. Fences removed by the contractor for access shall be replaced by the Contractor to better or equal to condition. Subsidiary item of work, including replacement of fences, Payment for this item shall be made in the bid items for Mobilization and Demobilization.

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 - Pollution Control. 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. Maintenance for silt fences shall be included in this bid item.

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

and the Drawings (see sheet 7). Note that 2,135 feet are estimated to be used.

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SEEDING SPRIGGING AND MULCHING 6

Bid Item 3. Contractor is required to prepare seedbed, furnish and apply sprigs, hay mulch, tackifier and fertilizer.

See Changes in Paragraph 2 above for the type of seeds and conform to the requirements in Section 7. a. (3) – (5).

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, if the safety criteria can be met. The safety criteria is to provide an anchor tractor and tie off of equipment for rubber tired equipment operating on slopes greater than 3:1.

CONSTRUCTION SURVEYS 7

Bid Item 4 - 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. 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

Bid Item 5 - The Contractor shall furnish and install electrical service and potable water to a Contractor furnished government field office. All contractor-furnished utilities must be in place prior to work requiring continuous inspection and no later than 15 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 County Road 426. The contractor shall provide and install a culvert along the access road. If the landowners access gates are not adequate for the contractor to perform contract work, it will be the contractors responsibility to replace gates and fencing to equal or better than conditions. The culvert shall remain in place at the completion of work. The location and alignment of gravel for the access road shall be approved by engineer prior to placement. Gravel shall remain in place at the completion of the contract.

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

TRAFFIC CONTROL 9

Subsidiary Item to mobilization and demobilization. This 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

Bid Item 6. 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. 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.

Amendment 1 to AG-7442-S-10-0036 Page 14 of 16

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, Embankment - 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. The stripped material shall be salvaged and stockpiled.

Excavation on the upstream 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 – Required for the completion of the wave berm as shown on the construction drawings. Payment in Section 9 is Method 3.

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

EARTHFILL 23

Bid Item 9 - Item of Work consists of all earthfills necessary for the completion of the wave berm, not including lime-treated earthfill. Class A compaction is required; in-place dry density of materials being placed shall not be less than 100 percent of the maximum 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.