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-11-0023 Page 2 of 9 Cooke County EWP – Site 7A

A Pre-Bid Conference and Site Visits were held in Cooke County, Texas and at the project site Watershed Site 7A, on January 24, 2011. 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, February 22, 2011. Please label on the outside of the envelope the Solicitation Number.

1. Pages 3-4: Bid Schedule has two additive or deductive items for irrigation. If there are funds available at the time of award, both items will be awarded.

2. 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—

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 8, Commencement, Prosecution, And Completion of Work - There are 56 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 March 7, 2011.

A Pre-construction meeting will be conducted, o/a March 1, 2011.

4. 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.

5. Page 10, Liquidated Damages: $800.00 per day, contractor caused delays.

6. Pages 10-11, Maximum Workweek - Construction Schedule - A maximum workweek, 11 hours per day, Monday through Saturday is approved, excluding federal holiday.

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

10. Page 21, Employment Eligibility Verification – Also applies to subcontractors.

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

http://www.fbo.gov/�

Amendment 1 to AG-7442-S-11-0023 Page 3 of 9

12. Page 27, 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. Pages 27-28, 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.

14. Pages 28-29, Time Extensions for Unusually Severe Weather – days will be credited as earned.

15. Page 30, List of Documents, Exhibits and Other Attachments to the IFB, wage determination, specifications and drawings.

16. Pages 31-37, 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. Pages 35-36, Certification Regarding Responsibility Matters (APR 2010). Read and complete; submit with bid.

18. Page 36, Small Business Concern Representation for the Small Business Competitiveness

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

19. Page 38, Bid Guarantee – The bid bond is 20 percent (%) of your bid or $62,000.00, whichever is less.

20. Page 38, 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 $62,000, 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 31-37 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 February 22, 2011 at 2:00 pm CST. Please note on the front of your envelop the Solicitation Number.

21. Page 38, 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…” http://www.arnet.gov/far/� http://orca.bpn.gov/�

Amendment 1 to AG-7442-S-11-0023 Page 4 of 9

2. This Solicitation is amended as follows:

Pen and Ink changes to Specifications:

a. Insert the following statement into CS 420 Site Preparation, Section 6.a.

(3) The Contractor shall be responsible for removal of all surface and ground water necessary to perform the construction required by the contract in accordance with the specifications. This shall include constructing, installing, and maintaining all necessary water containment areas, channels, and diversions, furnishing installing and operating all necessary pumps, piping, and other facilities and equipment, removing all temporary works and equipment after their intended function is no longer needed.

b. Insert the following note on Drawing TX-EN-0589 Sheet 1:

Note: The waste area if used shall be stripped of topsoil and stockpiled, waste rock or material shall be disposed in waste area, and then covered with a minimum of 6” of topsoil.

c. Insert the following note on Drawing TX-EN-0589 Sheet 3:

Note: The slopes of existing gully in the Auxiliary Spillway shall be shaped to a 1:1 slope before back fill except if rock is present in the existing slope area.

d. Insert the following note to Drawing TX-EN-0589 Sheet 1:

During the processing of the work, configurations of rock placement, and alignment of outlet channel flowline configuration shall be adjusted by the NRCS Engineer to fit site conditions that exist at the time of construction. This is not to be considered a change or differing site conditions when it does not exceed the excavation/fill limitations of the site preparation classifications and is within the 15% variance of quantities. Changes that increase the quantities in excess of the 15% variance in quantities will be coordinated with the Contractor and made with a modification. This process will be initiated in the field by the NRCS Engineer and discussed with the Contractor.

When agreement is reached, it will be documented in the NRCS inspector’s diary and initialed by the Contractor and the Engineer. A formal modification will follow from the Contracting Officer in accordance with the agreement noted in the diary. The contractor may proceed with processing work in accordance with the agreement as documented in the diary. The contractor in so doing agrees to the changes and payment will be as agreed and documented.

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-11-0023 Page 5 of 9

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 40 in the solicitation.

Each bid item was discussed briefly.

NOTE: The contractor shall comply with ALL of the specifications (construction and material). Not all of the specifications were reviewed at this meeting or in the following notes. The following are several main points taken from the specifications.

Materials which require material certifications are: Rock Riprap, Concrete, Steel Reinforcement, Geotextile.

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.

Amendment 1 to AG-7442-S-11-0023 Page 6 of 9

POLLUTION CONTROL 5

A SWPPP is not required. Includes work required to accomplish the requirements of Section 1. Subsidiary Item, payment for this item shall be included in appropriate bid items. Contractor shall be responsible to install needed measures to avoid sediments or pollution running off of the construction area. A written plan is required.

SEEDING, SPRIGGING, AND MULCHING 6

A good quality Hay Mulch is required on all areas seeded. Contractor shall measure the areas to be seeded to determine quantities. Measurement and payment is per Section 6, Method 1 (nearest 10th acre).

BID ITEM 1: Vegetative Establishment. The Contractor is responsible for furnishing the fertilizer, hay mulch, and seed. Hay mulch application rate is 2.5 tons per acre. The seeded area shall be fertilized with 80-80-80 per acre.

Additive Bid ITEM 7 and 8: Sprinkler Irrigation System and watering.

CONSTRUCTION SURVEYS 7

The surveys that are required to be conducted by the Contractor are specified in Section 5 (Method 2, 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). Payment for this item shall be made in Bid Item 2. Payment for this item shall be Lump Sum, pay Method 2, in Section 8.

MOBILIZATION AND DEMOBILIZATION 8

Camp sites is located to the left of the Auxiliary Spillway, along the access route, temporary storage of rock in the AS upstream of the AS crest shall be limited to 300 tons at one time prior to placement.

Traffic Ruts caused by trucks and equipment shall be smoothed to its pre-construction condition.

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. See Section 4.a.(3). Payment for this item shall be made in Bid Item 3.

EXCAVATION 21

Materials that are not excess shall be used as needed for the required fills and backfills. Note requirements in CS 420 Site Preparation, Section 6.

Excavation is subsidiary to Site Preparation

EARTHFILL 23

Earthfills require Class C compaction. Moisture content of backfill shall be adjusted as required to obtain the specified moisture from 12-18%.

Earthfill is subsidiary to Site Preparation. Fill shall not be placed until the required excavation and foundation preparation have been completed and the foundation has been inspected, blue topped and approved by the Engineer.

Amendment 1 to AG-7442-S-11-0023 Page 7 of 9

TOPSOIL 26

Consist of salvaging and placing topsoil on earthfills require for the AS repair. Topsoil is subsidiary to Vegetation Establishment.

STRUCTURE CONCRETE 32.

Batch design shall be submitted to for approval. 3000M class is required. (5.5 sacks/cy) Payment for concrete shall be under Bid Item 4- 11.1 cubic yards.

STEEL REINFORCEMENT 34.

Payment for steel is subsidiary to concrete footer. Placement of steel shall be in accordance with the placement details on drawing sheet 2.

ROCK RIPRAP 61.

Rock Type 1 is required. Gradation requirements are shown on the Drawing. Test load requirements are in 8.a.(4). 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. Payment for this item shall be made in Bid Item 5. 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.

CONTRACTOR QUALITY CONTROL 94

In Sections 3 and 4, Method 1 shall be used. This requires the quality control activities to be performed by competent personnel who are qualified as per Section 4. 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. Subsidiary item of work, Payment for this item shall be made in appropriate bid items for Rock Riprap.

GEOTEXTILE 95

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

SITE PREPARATION 420

Note the added statement for Removal of Water requirements in the amendment. Payment for this item shall be made in Bid Item 6. It is estimated that 4750 cy is the amount of excavation and earthfill.

Site Visit: Items designated at the site visit included: Access Route, camp area, stock pile area.

Drawings Drawing TX-EN-0589, Sheets 1 - 4 was reviewed.

Amendment 1 to AG-7442-S-11-0023 Page 8 of 9

4. Questions and Answers:

Q: What is the size of rock riprap required?

A: ASTM D 6092 R-300

Gradation for R-300 Particle Mass in Pounds Percent Lighter than Mass Specified

700 100 300 50 - 100 150 15 – 50 45 0 - 15

Q: Is this the only access route?

A: Yes, or the contractor may coordinate with the landowner (Brain Cain, 361 676-1177) for any possible alternate routes. You must have a written agreement between you and the landowner prior to using any alternate route.

Q: The haul trucks and equipment will rut up the top of dam, does the contractor have to repair the ruts?

A: Yes, any damage or rutting on the dam or along the access route shall be repaired to pre construction condition by the Contractor at their cost.

Q: Are the pipes on top of ground across the access route being used?

A: Yes, the contractor is responsible for protecting those structures.

Q: Is there as possibility that solid rock exist in the bottom of the channel?

A: Yes, the excavation is type “unclassified”.

Q: What proctor are we using?

A: No proctor is required. All compaction shall be Class C in accordance with Construction Specification 420 section 4.

Q: What is chipping tolerance on the Auxiliary Spillway crest?

A: One tenth of a foot.

Q: If over excavation occurs in the rock on the crest does the design elevation still apply?

A: Yes

Q: If the bottom of the channel is solid rock is that considered differing site condition?

A: No

Q: Are there monuments to use for control.

A: Yes, two (2) control points are shown on Sheet 1.

Q: Were any cores drilled in the crest rock?

A: Yes

Q: Will you provide the CAD surveying file to us?

A: No

Q: Can we broadcast the seed during re-vegetation?

A: No, the grass seed must be drilled into a firm, clean seedbed in accordance with Construction Specification 6 section 7.a.(2).

Amendment 1 to AG-7442-S-11-0023 Page 9 of 9

Q: Can we use any geotextile?

A: Geotextile shall conform to the requirements of Materials Specification 592.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX John Hrebik, PE Engineer, NRCS, Temple, TX Darnell Wills, District Conservationist, NRCS, Decatur, TX Greg Copas, CI, NRCS, Temple, TX Leon Klement, Precinct 4 Commissioner, Cooke County, TX Brian Cain, Landowner, Fannin, TX Kerry Hall, Beavers Contracting, Aubrey, TX Dale Moser, Earth Builders, LP, Decatur, TX Mann Robinson and Sons, Aubrey, TX Rogers & Willard, Mobile, AL Tyler Barron, Alpha Testing, Dallas, TX Dennis Marketic, All American Contracting, LLC, Henrietta, TX Travis Yates, Regency Construction, Slidell, LA Toby Mills, Jay Mills Contracting, Inc, Stephenville, TX Tommy Colbert/Salvador Murillo, Murillo Modular, Denton, TX Thomas King, King Contracting, Westpoint, MS

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