IBM10B0003 A001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

A001

3. EFFECTIVE DATE

12/11/2009

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

IBWC_CODE

International Boundary and Water Commission

(IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

Patricia Singer

NAME

TEL.

singerps@state.gov

EMAIL

6. ISSUED BY IBWC_CODE

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

IBM10B0003

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

11/20/2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe 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 __0__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 you 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 APPROPRIATION 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.X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE CONTINUATION SHEET FOR DESCRIPTION OF AMENDMENT A002

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.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Patricia Singer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

IBM10B0003

Summary Info Continuation Page Continuation Sheet

Table of Contents

Section Description Page Number

A Solicitation/Contract Form 0 Commercial Clauses

A001 Continuation of Amendment A001 page 1

Section 0 - Commercial Clauses

A001 Continuation of Amendment A001 page 1

1. Q – Page 18 of 56 – Section H.3 – workers comp insurance is required to list Hidalgo District as additional insured. The insurance market does not supply additional insured on workers comp policies.

A. Deleted is “Hidalgo Improvement District #3” by this Amendment A001. Note, Contractor is responsible in ensuring compliance with any Federal, State, and municipal laws, etc if applicable for the particular project.

2. Q – Is the bid Time 3:00 P.M. Mountain Standard Time

A. Changed is Bid Opening time to11:00 am, local time, by this Amendment A001. Bid opening date stays at 12/22/2009.

3. Q Page 15 of 56 – Section F.3 – states that if contractor does not complete in time, the owner will assess “actual damages”. Our bonding company will not issue a bond based on this, the bonding company is interested in capping these “damages or liquidated damages”

A. Deleted is “actual damages” provision by this Amendment A001

4. Q – Section H.1 52.236-04 (c) states that “Access to the project is unrestricted. “there are gates throughout the project that are locked. Will these be unlocked so a more thorough site investigation is possible

A. The coordinated scheduled site visit performed was to provide access to the levee area(s). Due to time, distance, etc., any additional site visit will be done at Contractor’s own time. Request you inform Mr. Cesar Boisellier, 915-832-351-1030 if you plan on performing additional site investigation

5. Q – Section F-2 52.211-10 states the levee improvements, excluding seeding and maintenance of vegetation, shall be completed in 245 days. Is this correct

A. Changed by this Amendment A001 is the clause completion of work to “..340 calendar days after the date the contractor receives the notice to proceed”. The flood control levee improvements, excluding seeding and maintenance of vegetation, shall be completed 220 calendar days. All maintenance of seeding shall be completed within 120 calendar days of completion of all other levee work

6. Q – The provided link for the allowable costs Equipment Ownership and Operating Expense Schedule in section H.10 is broken. Please provide the Equipment Ownership and Operating Expense Schedule to the bidders.

A. Corrected by this amendment to htpp://www.acquisition.gov/

7. Q – Please provide further clarification for “actual damages”. We will also need to know what the actual costs are to provide as a part of our bond request.

A. See answer to question 3 above

8. Q – Are CAD files available for takeoffs? Is the aerial survey performed in April/May 2009 by Martinez Corporation available for takeoffs. These could also be posted to the website where they are available to everyone.

A. No CAD files are available. (Note, aerial survey will be verified if available and will be provided in subsequent amendment if available)

9. Q – Please confirm whether Builder’s Risk Insurance is required. The specs state that the contractor is required to obtain Builder’s Risk Insurance, no less than 100% of the contract price. Builders Risk is not normally required in this type of work. What is to be covered by this insurance. Anything except the work.

A. Yes this is required. Contractor is responsible in checking what is covered for this type of project

10. Q – Requests copies of the geotechnical reports by Raba-Kistner Consultants, Inc. listed in section 00.31.32 and the geotechnical reports by Professional services industries Inc. listed in section 35.41.00

A. FTP client (like Filezilla) is to be used to connect to the USIBWC FTP server. The following information is required to access the report:

Host IP: 66.85.17.166

User name: commuserfour

Password: COMM0004#$

Port: 990

11. Q – Provide a copy of the pre-bid attendees sign in sheet.

A. Copy of Plan Holder List of attendees that attended the Mandatory Pre-bid Conference/Site Visit is provided by this Amendment A001, attached to FBO posting

12. Q – Contract Clause by Reference 52.219-4 provides a 10% bidding preference to HUBZone Small Business Concerns. Can a list of such firms that attended the mandatory pre-bid conference be provided

A. No additional list for HUBZone is available, see answer to 11 above

13. Q – Under section L.2, Qualifications of Bidders, each bidder is furnished with his bid a statement of Equipment, Construction Experience and Financial Condition. How will this information be used to determine award of the project.

A. To check for responsiveness and responsibility of the firm

14. Q – Solicitation Section F Deliveries or Performance F.3 Actual Damages – Construction. What are the liquidated damages for each calendar day of delay on this project.

A. Actual Damages is deleted, see answer to question 3 above. However, Liquidated Damages-Construction clause FAR 52.211-10, dated 9/25/2000 is added by this Amendment A001, at $1,348 for each calendar day of delay until the work is completed or accepted

15. Q – General Wage Decision NM20080001 dated 10/16/2009 NM1 and General Wage Decision TX20080104 dated 07/24/2009 TX104. Please provide interpretation of the following questions concerning the “Wage Decision” classification for “Truck Driver” on this project. Will the truck drivers of trucks hauling site excavated material or debris from the project site for disposal at an off-site location be required to be paid t he hourly wage for truck drivers established in the project General Wage Decision. Will the truck drivers of trucks hauling site excavated material to stockpiles on the project site required to be paid the hourly wage for truck drivers established in the project General Wage Decision. Will the truck drivers of truck hauling aggregates (roadway base course or toe trench aggregate), embankment material (soils) or concrete be required to be paid the hourly wage for truck drivers established in the project General Wage Decision.

A. The Wage Decision(s) incorporated with this project are minimum wage rates applicable under the Davis Bacon Act for this site/project.

16. Q- Does this project fall under the jurisdiction of or require an Army Corps of Engineers 404/401 permit.

A. No

17. Q – Solicitation Section L Instruction, Conditions and Notices to Offeros and respondents 52.216-1 type of contract states “the government contemplates award of a firm fixed price construction contract resulting from this solicitation. Provide the description of the terms of a “firm fixed price construction” contract with the corresponding FAR regulation section.

A. The contractor assumes all risk under a firm fixed price

18. Q - Is the firm fixed price construction contract to be considered as a “lump sum” contract. Will the contract value (amount) be adjusted if the bid schedule line item quantities vary from actual constructed quantities

A. Yes, each bid line item total cost shall include the lump sum firm fixed price.

19. Q- The Solicitation “Bid Schedule” contains a note in the description column below bid items 040 Vehicle Gate which states “Grand Total for All Line Items”. This note appears to be part of bid item 040 and is inconsistent with the rest of the bid schedule format. Please provide a revised bid schedule allowing for a “Line Item” entitled “Grand Total for All Line Items” so it is clear on what is being required.

A. The “Grand Total for All Line Items” information is deleted by this Amendment A001. Grand total for all line items is to be placed in Block 17, page 2 of the Standard Form 1442 of the solicitation

20. Q – Concerning Page 2 of the Solicitation the Offer, is the “Total Cost” value of all line items in the “Bid Schedule” to be entered in Block 17 Amount of Form 1442.

A. Yes the Grand Total of the Line Items is to be included in Block 17 of SF 1442

21. Q – Please identify what is required to be provided by the “bidder” in the “Delivery Date” and FOB Destination spaces on the bid schedule

A. No information is required, this information is self generated for internal use only.

22. Q – Section I Contract Clauses 52.252-1 Solicitation Provisions Incorporated By Reference states “This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if the were given by full text”. Please provide a listing of the “one or more’ Solicitation Provisions Incorporated by Reference in this solicitation.

A. The list of provisions are listed in the beginning of Section L, page 48, (total of 10 clauses by reference)

23. Q – Section I Contract Clauses 52.252-2 Clauses Incorporated by Reference. The web address provided to electronically view the full text of “Incorporated Clauses by Reference” is incorrect and the site cannot be accessed.

A. Corrected by this Amendment A001 to read www.acquisition.gov/

24 Q - Section I Contract Clauses 52.252-1, Solicitation Provision, Incorporated by Reference. FAR 52.219-8 Utilization of Small Business Concerns. Please identify and provide the total project goal in terms of percentage for participation by Small Business Concerns for this project. Please identify and provide the project goals in terms of percentage for participation by small business, veteran owned small business, HUBZone small business concerns, small disadvantaged businesses and women owned small business concerns for t his project.

A. This clause requests Contractor acting in good faith hereby agrees to carry out the policy of this clause

25. Q – Section I Contract Clauses, Clauses Incorporated by Reference FAR 52.219-9 Alt 1 Small Business Subcontracting Plan Alternate 1. Please identify and provide the total project goal in terms of percentage for participation by Small Business Concerns for this project. Please verify that the Small Business Subcontracting Plan is to be submitted by the “apparent low bidder” after the bid opening (post bid). Please provide the number of calendar days after the bid opening date when the “Small Business Subcontracting Plan’ will be required to be submitted by the “Apparent Low Bidder” to the Contracting Officer of the IBWC.

A. The successful awarded contractor will be required to submit a subcontracting plan which contractor provides the proposed percentages. The plan is forwarded to Small Business Administration for their final approval. The plan is required shortly after award and before notice to proceed.

26. Q – Section I Contract Clauses, Clauses Incorporated by Reference FAR 52.229-3 Federal State and Local Taxes April 2003. Please clarify FAR 52.229-3 Federal State and Local Taxes is inclusive of FAR 52.401-3 Federal State and Local Taxes. Is FAR 52.401-4 New Mexico Gross Receipts and Compensating Tax applicable to work constructed in New Mexico under this contract.

A. All applicable taxes are to be included with the individual line item total cost. FAR 52.401-3 and 52.401-4 are not applicable to this requirement.

AMERICAN RECOVERY ACT FUNDED

IBM10B0003

Line Item Summary

Solicitation Number:

IBM10B0003

Contract Number: Title: RECOVERY Construct Canutillo Phase I Levee Improve

Date of Solicitation:

12/11/2009

Line Item No. Description Quantity Unit Unit Price Total Cost