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-10-0050 Page 2 of 7 Harlingen Irrigation District, Cameron County, EWP

A Pre-Bid Conference and Site Visits were held in San Benito, Cameron County, and at one of the four project sites, on July 8, 2010. The following information was reviewed with the contractors 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.

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

Invitation For Bids (IFB), Sealed Bids must arrive at the address in Block 7, SF 1442, by, 2:00 PM, July, 30, 2010. Please label on the outside of the envelope the Solicitation Number.

REVISED Bid Schedule, pages 3-5, must be used for bidding purposes.

1. Page 5, AGAR Clause 452.236-70 Additive or Deductive Items (Feb 1988) – Sites 45 and 46 will be awarded, subject to available funding; either one or both will be awarded. Lower bidder will be the one with the low aggregate amount for the base items plus or minus the additive items. Award will be made to the low, responsive, responsible bidder.

2. Page 8, 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—

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

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

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.”

3. Page 9, Commencement, Prosecution, And Completion of Work - There are 100 calendar days of performance time for the base items. Additive bid items period of performance will be added at the time of award. The period of performance does not include the Federal Shut Down days (see clause on page 12). Work must start within 10 days after receipt of notice to proceed. The NTP is expected to be issued o/a August 16, 2010.

A Pre-construction meeting will be conducted, o/a August 10, 2010.

4. Page 9, 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, Liquidated Damages – CORRECT Clause is: 52.211-12 Liquidated Damages—Construction (Sep 200):

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $905 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

6. Page 11, Maximum Workweek - Construction Schedule - The maximum workweek that will be approved is 11 hours per day, Monday through Saturday, excluding federal holiday days. Federal http://www.fbo.gov/�

Amendment 1 to AG-7442-S-10-0050 Page 3 of 7 shutdown days (page 12) are provided in the event they are needed. These days are NOT included in the period of performance and will be added in by modification as needed.

7. Page 11, 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 12, NRCS Supplement to OSHA - The NRCS Supplement to OSHA emphasizes several specific safety items which must be address by the Contractor.

9. Page 19, 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.

10. Page 22, Employment Eligibility Verification – Also applies to subcontractors.

11. Page 25, Buy American Act – Construction Materials – Applies to this contract action.

12. Page 28, 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. Page 29, Reimbursement for Bond Premiums – Fixed-Price Construction Contracts – (FAR Clause

Performance and Payment Bonds – Construction, page 19) – 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.

14. Page 30, Time Extensions for Unusually Severe Weather – days will be credited as earned.

15. Page 31, List of Documents, Exhibits and Other Attachments to the IFB, wage determination, specifications and drawings. ADD: SWPPP, pages 10.

16. Page 32, 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. Page 35, Small Business Concern Representation for the Small Business Competitiveness

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

18. Page 37, Bid Guarantee – The bid bond is 20 percent (%) of your bid or $220,000.00, whichever is less.

19. Page 37, 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 $220,000, whichever is less. Alternate offers will not be accepted. At a minimum the following must be provided:

• Completed Standard Form 1442, signed and date http://www.arnet.gov/far/� http://orca.bpn.gov/�

Amendment 1 to AG-7442-S-10-0050 Page 4 of 7

• Acknowledge Amendments on page 2 of the SF 1442

• Completed Revised Bid Schedule, pages 3-5

• Complete the on-line application for Representation and Certifications, and check paragraph (b)(2) (i) on p 32; attached page 32 to your bid

• Complete and attach FAR Clause 52.219-19, page 35

• 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 July 30, 2010 at 2:00 pm CST. Please note on the front of your envelop the Solicitation Number. Response date was extended prior to the posting of the Solicitation on www.fbo.gov.

20. Page 37, 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:

ADD/Replace:

1. Replace and use the Attached Revised Bid Schedule

2. Replace Specifications in total with attached Specifications

3. Replace all Drawings, attached

4. Add: SWPPP

5. Add: FAR Clause 52.211-12:

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $801.00 for a single crew for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

NOTE: Material Specification No. 521 – “Aggregates for Drainfill and Filters” was added to the Revised Material Specifications

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.

Amendment 1 to AG-7442-S-10-0050 Page 5 of 7

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.

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.

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.

All Bid Items and specifications reviewed.

Use the Revised Bid Schedule and Specifications.

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 prior to any excavation.

General Items of Concern

1. Once construction is started on a site, it needs to be completed by the contractor prior to moving from the site.

Amendment 1 to AG-7442-S-10-0050 Page 6 of 7

2. If a site is left overnight, or for the weekend, wooden barricades with blinking lights will be needed to warn traffic of the construction.

DRAWINGS: Use the Revised Set of Drawings

4. Questions and Answers:

Q: What type of anchor is required?

A: Construction drawing sheets 13 & 14 specify a helical screw-type anchor or an approved equivalent to be developed at the specified force.

Q: Will a load test have to be performed on each anchor after installation?

A: A load test will not be required on each anchor. CS 81 has been revised to require 3 load test for Site 45 and 2 for Site 46. The test will determine the required torque to achieve the specified load. Each anchor will then be installed with the required torque.

Q: Will load testing of the pilings be required?

A: No. (CS 13 page 13-3, Item 9: Load tests)

Q: Sponsor asked “Can metal drain pipe be changed to HDPE pipe?”

A: No. NRCS prefers the use of CMP.

Q: Will mud mats be required on site 47?

A: Yes. The sponsor will bypass the irrigation canal on site 47C just as is shown on site 45 & 46 drawings.

The contractor will be required to use mud mats on this site as well. The drawings will be updated to reflect this.

Q: Can the earthfill material that the sponsor has available be tested prior to bidding to see if it meets the requirements of constructions specification 23?

A: Yes, the contractor may contact Alan Moore (956-423-6411) to gain access to the proposed sites for testing of the material.

Q: Is the sheet piling manufacturer specific?

A: No, the material specifications for the piling are stated on construction drawing sheet 15 and in construction specification 13.

Q: How many additional days will be allowed if sites 45 and 46 are added to the project?

A: Site 45, if awarded, will add an additional 35 days and Site 46, if awarded, will add an additional 16 days.

(Solicitation Page 9 of 39, 52.211-10)

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX Daniel Wishard, COTR, NRCS, Pleasanton, TX Oz Longonria, District Conservationist, NRCS, San Benito, TX Paul Bauer, CI, NRCS, San Benito, TX Tom McLemore, Project Manager, HID, Harlingen, TX Al Martinez, HID, Harlingen, TX Daniel Villafranco, HID, Harlingen, TX Glover Shirley, Shirley and Sons, Cleveland, TX James McCarver, McCarver Construction, Hye, TX

Amendment 1 to AG-7442-S-10-0050 Page 7 of 7

Josh Lindberg, Helical Concepts, Wylie, TX Albert Garcia III, Agett Contractors LLC, San Benito, TX Jim Anderson, Apeck Construction Inc, Leesville, TX Andy Bell, Cerrudo Services, Inc, Harlingen, TX Sergio Santillan, Cerrudo Services, Inc, Harlingen, TX Vito Phelan, CMI, Atlanta, GA Andy Tilley, G R Birdwell Construction, Houston, TX Michael Holder, ERS Inc, Jackson, MS Carlos A Tijerina, Mat Construction, Brownsville, TX Dale Roberts, Dale Roberts Construction, Harlingen, TX Ganon Garcia, CAS Companies, Harlingen, TX Fred Lozano, CAS Companies, Harlingen, TX

6. Attachments:

Revised Bid Schedule Revised Specifications Add MS 521 Revised Drawings Add SWPPP

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