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-10-0066 Page 2 of 6 McLennan County EWP

A Pre-Bid Conference and Site Visits were held in the McLennan County, Texas and at the project site, on August 31, 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.

1. 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—

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.”

2. Page 7, Commencement, Prosecution, And Completion of Work - There are 51 calendar days of performance time. Work must start within 5 days after receipt of notice to proceed. The NTP is expected to be issued o/a October 4, 2010.

A Pre-construction meeting will be conducted, o/a September 28, 2010.

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, excluding federal holiday days. Federal shutdown days 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.

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.

9. Page 20, Employment Eligibility Verification – Also applies to subcontractors.

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.

http://www.fbo.gov/� http://www.arnet.gov/far/�

Amendment 1 to AG-7442-S-10-0066 Page 3 of 6

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 $49,000.00, 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 $49,000, whichever is less.

Alternate offers will not be accepted. At a minimum the following must be provided:

• Completed Standard Form 1442, signed and date

• Acknowledge Amendments on page 2 of the SF 1442

• Completed Bid Schedule, page 3

• Complete the on-line application for Representation and Certifications, and check paragraph (b)(2) (i) on p 30; attached page 30 to your bid

• Complete and attach FAR Clause 52.219-19, page 33

• 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 September 17, 2010 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 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: Solicitation will be amended to include this clause:

a. 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 $725.00 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) http://orca.bpn.gov/�

Amendment 1 to AG-7442-S-10-0066 Page 4 of 6

b. In Construction Specification 7, Construction Surveys, NRCS will not perform final surveys for any final quantity determination. Construction Specification 420, Site Preparation, requires the contractor to submit proof that estimated quantities of excavation and fill exceeds Class D, Site Preparation.

c. In Construction Specification 61, Rock Riprap, Section 8, Item a.(2), the Rock Quality specified is changed from Type 2 to Type 3.

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.

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.

Amendment 1 to AG-7442-S-10-0066 Page 5 of 6

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 was discussed briefly. Specifications were not covered individually.

MOBILIZATION & DEMOBILIZATION: (Bid Item #1)

Progress payments for this item will require documentation of cost. When the total of such payments is less than the lump sum price, the balance remaining will be included in the final contract payment.

The contractor’s access north of the bridge on the north creek bank will require fence removal and routing along the perimeter of a field. This route shall be adjacent to the property fence and edge of the wood line. Disturbed area shall be kept to a minimum and as agreed to by the engineer.

With respect to Pollution Control, the area of construction shall be maintained at no more than ½ acre. A sequencing and scheduling of work shall be provided and include this provision. This required limiting the exposure of the work to flooding and runoff.

Trees not to be removed shall be protected during construction. If during construction tree damage becomes a problem, the contractor will be required to provide protection of trees designated with a 2 X 4 board surround until demobilization.

Item of work subsidiary to this bid item is and Traffic Control (CS# 9).

ROCK RIPRAP (Bid Item #2)

There is a correction to the rock requirements. Rock for use as riprap shall comply with the requirements of Material Specification 523, Rock Type 3.

The contractor must provide a rock gradation for approval with his rock submittal. A gradation meeting the R700 will be required.

Rock placed at the bottom of the slope shall be pressed and compacted into the sub-grade to provide a firm foundation. Rock shall be worked during placement to consolidate the rock riprap and avoid un-necessary voids and a firm seating of all rock.

Changes from the rock quantity as provide on the bid schedule must be approved by the NRCS engineer prior to delivery of any overage for the site. There may also be a decrease in the tons of rock required and this should also be approved by engineer. A modification will be prepared for any change in rock tonnage.

Tons of rock delivered each day should be included on the CQC daily reports and in the NRCS daily diary entries maintained for the work. NRCS will pay on tons of rock approved for delivery and installation. For every truck of rock unloaded, the NRCS shall be provided a weight ticket before the truck leaves the site.

Clearing or trees and brush for work access shall be kept to a minimum and only as agreed to by the engineer.

There shall be no disturbance to the creek banks outside areas of rock placement. Thus, access to the creek channel shall be within the work limits of rock placement and/or as agreed to by the engineer.

The Contractor needs to take precautions and care when working near and beneath bridges. Any damage to the bridge structure will be the responsibility of the contractor to correct or replace.

Amendment 1 to AG-7442-S-10-0066 Page 6 of 6

Items subsidiary to Rock Riprap are Clearing (CS 2), Pollution Control (CS 5), Construction Surveys (CS 7), Removal of Water (CS 11) and Contractor Quality Control (CS 94).

SITE PREPARATION, CLASS D (Bid Item #3)

This item includes site preparation for the placement of Rock Riprap. Class D site preparation is based on quantities derived from preliminary survey data obtained by NRCS. Variation in quantities is possible when the work is actually performed. It is the Contractor’s responsibility to submit proof that questionable quantities exceed the parameters of Class D, Site Preparation. Any modification for work performed in excess of the Class D quantities shall be supported with factual data by the Contractor as described in Section 6 of Construction Specification 420, Site Preparation.

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.

All areas are subject to flooding as discussed at the site showing if there is a large storm event upstream.

4. Questions and Answers:

Q: If the subgrade is soft, what will the contractor be required to do with respect to rock placement?

A: The contractor will not be required to excavate out soft subgrade material but press and compact the rock into the subgrade to form a sound foundation for rock placement upslope.

Q: What happens when the flow level in the creek rise to a level that the contractor cannot continue with rock placement?

A: Weather days will be granted when the water level and flows in the creek are such that it is not safe for construction to continue.

Q: Where does the fill come from that is to be placed behind the rock riprap?

A: The cross-sections shows both cut and fill for rock placement. The contractor needs to balance cut and fills as subgrade shaping is being prepared for rock placement.

Q: What trees can be removed?

A: The larger diameter trees shall remain and be protected. Smaller diameter trees and brush may be cleared to access bank areas for rock placement as agreed to by the engineer. Trees and brush on banks where rock is to be placed shall be removed prior to subgrade preparation and rock placement as directed by the engineer.

Q: Can limbs be trimmed off larger trees as needed for access and rock placement.

A: Yes, larger limbs may be trimmed as needed and agreed to by the engineer. No treatment of cut area will be required if cuts are flush and neat.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX Lee Wiederhold, COTR, NRCS, Temple, TX Steve Deckard, CI, NRCS, Bonham, TX Monte Toombs, District Conservationist, NRCS, Waco, TX Allen Feller, Feller Enterprises, St George, UT Clay Grayson, Hillsboro Sand and Gravel, Hillsboro, TX Coy Latham, L3/CSS, Gatesville, TX Toby Mills, Jay Mill Contracting, Stephenville, TX Tim Robinson, Mann Robinson & Son, Aubrey, TX Beavers Contracting, LLC, Aubrey, 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, attached.

See Continuation Sheets