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-11-0002 Page 2 of 8 City of Junction County EWP

A Pre-Bid Conference and Site Visits were held in the City of Junction, Texas and at the project site, on November 16, 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, December 14, 2010. Please label on the outside of the envelope the Solicitation Number.

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 56 calendar days of performance time (includes the Thanksgiving shutdown days). Work must start within 7 days after receipt of notice to proceed. The NTP is expected to be issued o/a January 10, 2011.

A Pre-construction meeting will be conducted, o/a December 22, 2010.

3. 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.

4. Page 9, Liquidated Damages: $680.00 per day, contractor caused delays.

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.

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.

http://www.fbo.gov/�

Amendment 1 to AG-7442-S-11-0002 Page 3 of 8

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. Pages 30-36, 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, Certification Regarding Responsibility Matters (APR 2010). Read and complete; submit with bid.

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 $70,000.00, 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 $70,000, 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; review and complete the Clauses on pages 30-36 and attach to your bid

• 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 December 14, 2010 at 2:00 pm CST. Please note on the front of your envelop the Solicitation Number.

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:

Pen and Ink changes to the Terms and Conditions:

http://www.arnet.gov/far/� http://orca.bpn.gov/�

Amendment 1 to AG-7442-S-11-0002 Page 4 of 8

a. On page 7 of 39: Correct the first paragraph to read: The Contractor shall… commence under this contract within 7 calendar days… and (c) complete the entire work ready for use not later than 56 days after the notice to proceed.

b. On page 7 of 39: Correct the estimated period of performance to read: January 10, 2011 through March 7, 2011.

c. On page 9 of 39: Correct the amount of liquated damages from $550 per day to $680.00 per day.

Pen and Ink Changes on the Specifications and Drawings:

a. Change the following items on construction drawing TX-EN-0587, sheet 1

- Remove the following sentence under General Notes: “The layout of the work shall be performed by the engineer.”

- Insert the following sentence under General Notes: “The layout of the work shall be as per construction drawings or as directed by engineer.”

- Remove the note: “The quantity of excavation (including sediment removal for construction of barbs #2 and #3) and backfill required for site preparation is approximately 4,150 cubic yards.”

- Insert the note: “The quantity of excavation (including sediment removal for construction of barbs #2 and #3) and backfill required for site preparation is approximately 5,150 cubic yards.”

b. Add the attached construction drawing TX-EN-0587, Sheet 3

c. Insert the following sentence into the second paragraph of Section 8. Construction Specification 5

– Pollution Control:

“The written plan must also include the description and location of erosion and sediment control measures as specified in TCEQ 401, Attachment I, Sections I and II. The plan shall include the mulching of disturbed areas and the use of silt fence and/or rock berms for sediment control.”

d. Remove the following sentences from Section 6. a. Construction Specification 420 – Site

Preparation:

“(6) An estimated 1,951 cubic yards of earth material to be used as backfill beneath the shot rock shall be imported from an offsite source of the Contractor’s choosing.

“(7) The imported earth material shall be of like material as in-situ material as approved by the engineer. In-situ material varies from a gravelly loam and a silty clay loam to a silty clay.”

e. Insert the following sentence from Section 6. a. Construction Specification 420 – Site Preparation:

“(6) An estimated combined total of 1,000 cubic yards of bank excavation and earthfill shall be needed for the sloping and replacement of the existing embankment slope.”

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.

Amendment 1 to AG-7442-S-11-0002 Page 5 of 8

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.

Materials which require material certifications are: Rock Riprap and Shot Rock

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.

POLLUTION CONTROL 5

Subsidiary item to Rock Riprap and Shot Rock, A written plan and the implementation of that plan for pollution control is required. Measures for compliance with TCEQ 401, Attachment I, Sections I and II shall be included in plan.

CONSTRUCTION SURVEYS 7

Subsidiary item to Rock Riprap and Shot Rock. 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. 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)

Amendment 1 to AG-7442-S-11-0002 Page 6 of 8

MOBILIZATION AND DEMOBILIZATION 8

Payment for this item shall be made in Bid Item 1. 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.

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.

REMOVAL OF WATER 11

Subsidiary Item to Rock Riprap and Shot Rock: The Contractor is responsible for accomplishing all water removal required for the installation of the works of improvement.

EXCAVATION 21

Excavated materials shall be stockpiled on-site and used as earthfill or earth backfill if suitable. Excess or unsuitable materials shall be placed in accordance with Section 5, Method 2, and to be disposed of by county. Note additional applicable requirements are located in CS 420 Site Preparation. All Excavations are Unclassified defined as the excavation of all materials encountered, including rock.

EARTHFILL 23

Earthfills require Class C compaction. Moisture content of backfill shall be adjusted as required to obtain the specified moisture from 12-18%. Fill shall not be placed until the required excavation and foundation preparation have been completed and the foundation has been inspected and approved by the Engineer.

Fill shall be placed in horizontal layers. Note additional applicable requirements are located in CS 420 Site Preparation.

ROCK RIPRAP 61.

Bid Item 2, Rock Riprap Rock Type 2 is required. 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. 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. Delivery of rock is allowed only during regularly scheduled work hours.

Bid Item 3, Shot Rock This item shall include the furnishing and placing shot rock. Shot rock is defined as material obtained from a quarry after blasting without screening. Rock shall vary between 3in and 24in with fines included from the blasting process. Maximum lift thickness of 18” and compacted with three passes of a vibrating roller.

CONTRACTOR QUALITY CONTROL 94

Subsidiary item to rock riprap and shot rock. In Sections 3 and 4, Method 1 shall be used. 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.

Amendment 1 to AG-7442-S-11-0002 Page 7 of 8

SITE PREPARATION 420

Bid item 4 – All clearing, excavation, earthfill and topsoiling required for the placement of rock riprap and shot rock. Earthfill compaction shall be accomplished by three passes of hauling equipment or an approved equivalent method. A 9” uncompacted lift is the maximum thickness. Approximately 21 cubic yards of topsoil shall be imported from an offsite source. The method for removal of debris and vegetation shall be submitted in writing and approved by Contracting officer prior to start of work.

Site Visit: Items designated at the site visit included: Access Route, construction campsite area, stockpile area, borrow area.

Drawings Drawing TX-EN-0587, All sheets were reviewed.

4. Questions and Answers:

Q: Can we temporarily realign the stream for dewatering during construction?

A: No.

Q: Is there a CAD file for sheet 3?

A: The electronic point data (CSV and/or CAD) for sheet 3 will be provided to the contractor at their request.

Q: If solid rock is encountered before 3feet of excavation, do we need to break through rock?

A: Rock excavation is not required as defined in Construction Specification 23.

Q: Is there enough material on site to complete earthfill?

A: Yes, however topsoil will have to be hauled in from a location of your choosing.

Q: Can we slope the top edge of the streambank?

A: Yes, the top 10ft shall be sloped back as per sheet 3 of the construction drawings.

Q: Can rock be dumped over the edge of bank?

A: Yes. An area has also been designated for the stockpiling of shot rock and riprap.

Q: Can we leave equipment parked in the river area over night?

A: No.

Q: Can a vibratory plate be used for compaction?

A: No

Q: What are the work limits in the channel area?

A: The designated access point, stockpile area and 25ft north of channel excavations.

Q: Must the shot rock meet the same testing requirements as the R-700 such as bulk specific gravity etc.

or will a good quality rock from a local pit be acceptable without testing?

A: The specifications for shot rock do not require the same testing requirements as the R-700 Rock riprap.

Amendment 1 to AG-7442-S-11-0002 Page 8 of 8

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX John Hrebik Smith, COTR, NRCS, Temple, TX Tony Barley, CI, NRCS, Temple, TX Tommy Nowotny, Pitts Construction, Austin, TX Allen Feller, Feller Enterprises, St George, UT Cecil W Parker, Jr., PDQ Construction, LLC, Mount Belvieu, TX Mike Scheiern, M2 Federal, Austin, TX Tim Robinson, Mann Robinson and Sons Inc, Aubrey, TX Carol Klingemann, KC Commercial, Georgetown, TX Larry Thames/Kirk Keltch, Business World Solution, San Antonio, TX Jim Brandenberger/Mark Cornett, Allen Keller Company, Fredericksburg, TX Jay Mills, Jay Mills Contracting, Stephenville, TX Kelly Simon, Simon Brothers Construction, Roosevelt, TX

ATTACHMENTS:

1. Construction drawing TX-EN-0587, Sheet 3

2. TCEQ 401 Water Quality Certification Conditions for Nationwide Permits

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