W911KB-10-R-0001-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Reference Project Title and Location: Navigation Improvements Akutan, Alaska

a. The above numbered Solicitation is hereby amended to add the pre-proposal meeting minutes; update the Contract Clauses; make changes to the specifications. The specific changes are identif ied on Page 2, Summary of Changes.

b. The date/time for receipt of offers remains unchanged at 14 Jan 2010 at 4:00 PM.

c. Point of contact for this amendment is Yolanda M. Ikner at (907) 753-2553.

d. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 7

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

16C. DATE SIGNED

BY 07-Jan-2010

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911KB-10-R-0001

X 9B. DATED (SEE ITEM 11)

09-Dec-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer 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 1 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 APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Jan-2010

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

ELMENDORF AFB AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911KB-10-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Reference Section 00 21 00-Instruction To Offerors and Section 00 22 10-Evaluation Factor for Award, page 25, II Factor For Evaluation, Volume II Pro Forma Requirements and Price Proposal.

Para. C. is changed to read, C. Section 00 45 00, Representation and Certifications

SECTION 00 72 00 - CONTRACT CLAUSES

The following included by reference have been revised:

52.219-8 Utilization of Small Business Concerns MAY 2004 52.244-6 Subcontracts for Commercial Items AUG 2009

The following documents are attached:

1. The Pre-Proposal Conference Minutes are attached (Attachment 1)

2. The following Specification Sections are revised as indicated. The identifier "AM #2" appears before and after new and revised material. Revised Specification pages are attached.

Specification Section 31 23 00.00 20, page 4, para. 3.1.1.1 Drainage Specification Section 35.31.19 page 6, para. 2.4.1 General Specification Section 32.92.19 page 7, para 3.1.1.2 Soil Conditioner Application Rates

(End of Summary of Changes)

Attachment 1

Pre-Proposal Conference Minutes

Solicitation W911KB-10-R-0001 Navigation Improvements, Akutan, Alaska

Denali Commission

510 L St, Suite 410, Anchorage, AK.

January 5, 2009

A pre-proposal meeting was held at the Denali Commission on Tuesday, January 5, 2010 at 9:00 a.m. The following people attended:

Name Company/Organization

R. David Williams USACE, Alaska District Yolanda M. Ikner USACE, Alaska District Merlin Peterson USACE, Alaska District Tina McMaster-Goering USACE, Alaska District Bret Walters USACE, Alaska District Jason Davis Pacific Pile & Marine David Dickhaus Granite Construction Jon Carpenter Granite Construction Archie Stepp Northern Alaska Steve Jansen Knik Construction Patty Gillett J.E. McAmis(on phone) Jim Galli Dutra Group (on phone) Jerry Neil Dutra Group (on phone) Sam Brice Brice, Inc (on phone) Brad Hall Pruhs Construction (on phone) Nathan Fox Pruhs Construction (on phone) Chris Willis Pacific Pile & Marine (on phone) Ronnie Jordan Phillip & Jordan (on phone) Jason Davis Pacific Pile & Marine (on phone) Clint Lane Kiewitt Pacific (on phone) Bryce Erickson West Construction (on phone)

Introductions and Purpose of Meeting: The meeting started with introductions of all the participants. R. David Williams then described the purpose of the meeting was to review the solicitation and allow the contractors to ask questions. He further stated that we may not answer questions at the meeting unless they are general clarifications.

The reason being is to allow us to research our answers and insure all the offerors receive the information at the same time.

David Williams started the meeting by discussing pre solicitation meeting held on November 30, 2009. He asked if contractors had any further questions after having read the minutes from the pre solicitation meeting. Since there were no questions, David Williams continued the meeting by stating that on December 24, 2009 Amendment 0001 to the solicitation was issued which made the following changes: Added Contractor Questions and Responses, updated the proposal schedule, and made changes to the specifications and drawings. The amendment was issued on www.fbo.gov.

Merlin Peterson provided a short description of the work to be completed at Akutan Harbor including changes made to the specifications and drawings with Amendment 0001. He stated that the project was an inland harbor construction mainly excavation, and construction of two short breakwaters. The changes in Amendment 0001 included reissuing all the drawings. He stated that while there were numerous changes to the drawings none were major. The changes in the amendment also included deletion of the requirements to construct access roads. The amendment also included several changes to the specification which are noted as AM#1. The proposal schedule was replaced in its entirety.

Questions and Discussion: The floor was opened up for questions and discussion which are detailed below.

Contractors were informed that the Questions and Answers will be provided in an upcoming amendment.

Contractors were reminded that they can submit their questions in writing via email or fax to the contact information referenced in the solicitation.

1. David Williams review the Lowest Price Technically Acceptable (LPTA) source selection process to be sure that all parties understood the meaning of LPTA and how the government will be awarding the contract. He stated that LPTA is a sub-set of the Best Value Source Selection Process and award will be made to the low, responsive, responsible offeror on the total of all items (Base and Options). David Williams also stated that in accordance with FAR 52.215-1 Instructions To Offerors - Competitive Acquisition (Jan 2004) para. (f)(8), “The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques.

A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.”

2. Dave Dickhaus from Granite Construction asked about proposal submission procedures. David Williams stated that in accordance with FAR 52.215-5 Facsimile Proposals (OCT 1997), para.(b) Offerors may submit facsimile and/or email proposals for Volume II – Pro Forma Requirements and Price Proposal ONLY. Offerors shall submit Volume I – Technical Proposal via hardcopy in accordance with the instructions in Section 00100, Instuctions to Offerors as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

3. Dave Dickhaus from Granite Construction also asked how long after receipt of proposal would we be awarding the contract. David Williams stated that since this project if funded under the American Recovery and Reinvestment Act (ARRA), we are under tight timelines which is why we are trying to stick to the proposal due date of January 14, 2010. Historically these LPTA Source Selections have gone really fast and our target to have the contract awarded by mid February.

4. Bret Walters discussed SWPP (Storm Water Pollution Prevention Plan) issues. Project construction activities will initially be performed under a construction general permit. Once the project is complete, the Aleutians East Borough will operate the site as a sand and gravel operation requiring a multi sector general permit. At that point compliance and operational responsibility will be switched to the Borough.

Associated requirements are found in Specification section 01 57 34.00 29 .

5. David Williams reviewed the reporting requirements for ARRA Funded contracts in accordance with FAR

52.204-11 American Recovery and Reinvestment Act Reporting requirements. Contractors can view the requirements on www.federalreporting.gov Upon award the successful offeror will provided a worksheet which will help complete their reporting at www.federalreporting.gov

Based on the discussions in the meeting the following questions were asked:

1. Question: Jon Carpenter from Granite Construction asked, if the basin bench is now the road?

Response: The road construction was taken out of the contract. A basin bench comprised of excavated material was put in its place. It is anticipated that the contractor will use the bench for access around the harbor excavation.

2. Question: Sam Brice from Brice Inc. stated that there seems to be an inconsistency in the rock graduation requirements for “B” rock. Specification Section 35.31-19, Page 6, para. 2.4.1 b. The chart states that the specified rock weight or 50 lbs can be 0-5% smaller, but the note at the end states, “No individual rock shall be less than 50 pounds.”

Response: This amendment revises the chart in this Specification Section. The chart will no longer allow 0-5% smaller than 50 pounds.

3. Question: Specification Section 32.92.19, page 7, para. 3.1.1.2 Soil Conditioner Application Rates. Is it necessary to meet the requirements of this paragraph. It will be very expensive to barge some of these items to Akutan.

Response: This amendment deletes the requirements for soil conditioning will be deleted by amendment.

4. Question: Specification Section 31 23 00.00 20, page 8, paras., 3.6, Disposal and 3.6.2 Disposal

Operations. The current specification states in part, “Except as otherwise authorized by the Contracting Officer in writing, no material excavated by any means shall be dumped in the disposal site unless a representative of the Contracting Officer is present at the time. Any material that is deposited without a representative of the Contracting Officer present will not be paid for. For all such unwitnessed dumping, an average quantity will be estimated by the Government, and a deduction will be made to the final pay estimate based on unit prices current at the time of any such unwitnessed dumping. The Contractor shall assume all risks in excavated material disposal operations. Any material that is deposited elsewhere than in places designated or approved by the Contracting Officer will not be paid for and the Contractor may be required to remove such misplaced material and deposit it where directed, at its expense.“ Due to the difficulties of travel to Akutan there is a concern from contractors that during 24 hour operations there may not be coverage by the government representative

Response: The government will provide coverage necessary to meet contractor’s work schedule.

5. Question: Reference Specification Section 01 19 40.00 29, para 1.14, Partnering and Specification Section

01 22 00.00 10, Measurement And Payment, para 1.1.2 Partnering Session, 1.1.2.1 Payment, “Payment will include a maximum of fifty percent (50%) of the total lump sum price for conducting a partnering session or $10,000, whichever is less. How does the partnering session payment work?

Response: Since the cost for the partnering session is shared equally between the government and the contractor, the contractor will enter into CLINS 0012 and 0013 half of their total proposed costs for partnering or $10,000, whichever is less.

Subsequent to the meeting the following questions were received.

1. Question: Specification Section 31 23 00.00 20 Page 5, 3.1.1.1 Drainage. The specification states that “So that construction operations progress successfully,…” Please define “construction operations”. Does this include all work only at or above a certain elevation or does it include all operations?

Response: Construction operations are all work operations necessary to construct the project as detailed in the plans and specifications.

2. Question: Specification Section 31 23 00.00 20 Page 5, 3.1.1.1 Drainage. The last sentence of this paragraph states that “Excavated slopes and backfill surfaces shall be protected to prevent erosion and sloughing.” Does this sentence mean that all of this work will be done in the dry?

Response: Precautions shall be taken to ensure excavated side slopes and backfill remain stable This could entail allowing excavated material to drain until it is workable and can be placed in the upland disposal area or armoring the excavated side slopes within 24 hours of excavation.

3. Question: Specification Section 31 23 00.00 20 Page 5, 3.1.1.1 Drainage. The first sentence states in part, “So that construction operations progress successfully, completely drain construction site….” Please explain what concerns the Corps has that construction operations could not progress successfully unless the site is completely drained. If the excavation was performed in the wet, what concerns would the Corps have?

Response: This amendment revises this Specification Section to read “...completely drain the upland disposal area...”

4. Question: Specification Section 31.23.00.00 20 Page 5, 3.1.1.1 Drainage. The first sentence states in part, “….completely drain construction site during periods of construction to keep soil materials sufficiently dry.” Please provide the Corps definition of “keep soil materials sufficiently dry.” Does the Corps have a specific moisture content in mind that will be used to measure “sufficiently dry soil materials”?

Response: Sufficiently dry is what the Contractor deems dry enough to work the soil so that it will result in the lines and grades shown on the drawings and meet the requirements of the Contractor’s SWPP.

5. Question: Pre-proposal Conference of 1/5/2010. During the conference the Corps stated that it was necessary to award the project ASAP to avoid the loss of funding. Is there an exact date associated with this loss of funding?

Response: The government plans on awarding by 15 Feb 2010.

6. Question: ARRA Funding and Project Funding. Should the price proposals exceed the available funding and the government estimate, is there additional funding available through ARRA or other sources?

Response: No additional funds (ARRA or other) are available.

7. Question: Reference Specification Section 31 23 00.00 20, Subsection 3.5.2 AM#1…Basin Bench…AM#1. The fourth sentence states: “The maximum dimension of any particle in the fill material and surface course shall be not be greater than two thirds of the compacted thickness of the layer in which the particle is included.” This sentence refers to a “compacted thickness” however we cannot locate a compaction specification. Is this material to be compacted and if it is, please provide a compaction specification.

Response: There is no compaction requirement. It is anticipated that the basin berm will be compacted by construction equipment traversing the berm and the intent is exclude cobbles or boulders from the berm material.

8. Question: Stripping within the “Upland Disposal Areas”. It is unclear as to stripping of the disposal areas. Are the disposal areas to be stripped and where is this referenced in the specification or drawings?

Response: I am unclear to the reference to stripping the Upland Disposal Area. There is no stripping required in the Upland Disposal Area

9. Question: At the first pre-solicitation meeting in November, 30, 2009, it was stated that there is a 13 day limit for beaching a barge at the construction site. In reviewing the Contract Specifications, we find no reference or mention of any such limitation as to the 13 day limit or any limitation on constructing a temporary unloading facility or temporary pier. Please provide the specific Contract Specifications that has these limitations.

Response: Please see Specification Section 01 19 40.00 29- (Page 7) In addition to the requirements in the specification the following requirements apply from the recent land use permit obtained by the Aleutians East Borough.

1) Groundings shall be limited periods of high water to limit impacts to state tidelands

2) No wheeled or tracked vehicles may operate in open water on state tidelands

3) Activities on state tidelands shall be conducted in a manner that will minimize the disturbance of soil, vegetation and changes to the character of natural drainage systems. Any ground disturbances that may occur shall be contoured to blend with the natural topography

10. Question: Is the relevant Environmental Impact Statement, (EIS) incorporated by reference into the

Contract?

Response: The EIS is not incorporated into this solicitation by reference. Since the EIS is available to the public, it will be provided upon request. It should be noted that the EIS is an aged document and does not accurately reflect the current project and all the changes and coordination that have taken place since it was prepared. Some of the information in the EIS conflicts with the information in the solicitation. As an example the location for the new harbor is in a slightly different location than what is described in the EIS.

Offerors are advised that the requirements in the solicitation, specifications, and drawings (as amended) take precedence over the EIS.

AM#2 NAVIGATION IMPROVEMENTS AKU002

AKUTAN, ALASKA

text...AM#1

1.6.2 AM#1...Deleted text...AM#1

1.7 EQUIPMENT

Information on all equipment, tools and machines to be used in the performance of the work covered by this section of the specifications shall be submitted prior to commencement of work. All equipment, tools, and machines shall comply with applicable provisions of the Safety Requirements, and shall be maintained in satisfactory working conditions at all times.

1.7.1 AM#1...Deleted text...AM#1

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION

3.1 PROTECTION

3.1.1 Drainage and Dewatering

Provide for the collection and disposal of surface water encountered during construction.

3.1.1.1 Drainage

So that construction operations progress successfully, completely drain AM#2...the upland disposal area...AM#2 during periods of construction to keep soil materials sufficiently dry. The Contractor shall establish/construct storm drainage features at the earliest stages of site development, and throughout construction grade the construction area to provide positive surface water runoff and/or provide temporary ditches, dikes, swales, and other drainage features and equipment as required to maintain dry soils and prevent erosion. It is the responsibility of the Contractor to assess the soil and ground water conditions presented by the plans and specifications and to employ necessary measures to permit construction to proceed. Excavated slopes and backfill surfaces shall be protected to prevent erosion and sloughing.

3.2 CLEARING

3.2.1 General

The areas to serve as subgrade foundation shall be cleared of all trees, stumps, roots, and other obstructions which will interfere with the construction operations. All logs, stumps, roots, brush and other refuse from the clearing operations shall be disposed of by the Contractor.

Disposal shall be as specified in Section 01 19 40.00 29.

3.2.2 Removal Criteria

No stumps or roots or soil containing organic matter shall be permitted to remain within the footprint of the rock, fill material, and filter material placement.

SECTION 31 23 00.00 20 Page 4

3.1.1.2 Soil Conditioner Application Rates

AM#2...Deleted text...AM#2

3.1.1.3 Fertilizer Application Rates

Apply fertilizer at rates as determined by laboratory soil analysis of the soils at the job site. For bidding purposes only apply at rates for the following:

Synthetic Fertilizer 450 pounds per acre

3.2 SEEDING

3.2.1 Seed Application Seasons and Conditions

Immediately before seeding, restore soil to proper grade. Do not seed when ground is muddy frozen, snow covered, or in an unsatisfactory condition for seeding. If special conditions exist that may warrant a variance in the above seeding dates or conditions, submit a written request to the Contracting Officer stating the special conditions and proposed variance.

Apply seed within twenty four hours after seedbed preparation. Sow seed by approved sowing equipment. Sow one-half the seed in one direction, and sow remainder at right angles to the first sowing.

3.2.2 Seed Application Method

Seeding method shall be broadcasted and drop seeding or hydroseeding.

3.2.2.1 Broadcast and Drop Seeding

Seed shall be uniformly broadcast at the rate of 40 pounds per acre. Use broadcast or drop seeders. Sow one-half the seed in one direction, and sow remainder at right angles to the first sowing. Cover seed uniformly to a maximum depth of 1/4 inch in clay soils and 1/2 inch in sandy soils by means of spike-tooth harrow, cultipacker, raking or other approved devices.

3.2.2.2 Hydroseeding

First, mix water and fiber. Wood cellulose fiber, paper fiber, or recycled paper shall be applied as part of the hydroseeding operation. Fiber shall be added at 1,000 pounds, dry weight, per acre. Then add and mix seed and fertilizer to produce a homogeneous slurry. Seed shall be mixed to ensure broadcasting at the rate of 40 pounds per acre. When hydraulically sprayed on the ground, material shall form a blotter like cover impregnated uniformly with grass seed. Spread with one application with no second application of mulch.

SECTION 32 92 19 Page 7

2.4 ROCK GRADATION, SIZE, AND ANGULARITY

2.4.1 General

The rock, after processing, shall be angular and conform to the size requirements indicated below. Neither the breadth or thickness of any piece of Armor rock, or "B" rock shall be less than one-third its length.

Operations of loading, placement or stockpiling shall be conducted in a manner which will prevent breakage.

a. Core Rock. Core material shall be graded within the following limits:

Percent Smaller Specified Rock Weight (Pounds) By Weight

50 100 10 15 - 50 2 0 - 1

b. "B" Rock. "B" Rock shall be graded within the following limits:

Percent Smaller Specified Rock Weight (Pounds) By Weight

500 100 100 15 - 50 AM#2...Deleted Text...AM#2

No individual rock shall be less than 50 pounds.

c. Armor Rock. The average rock weight shall be 950 pounds or greater. No stone shall weigh more than 1400 pounds or less than 500 pounds.

d. Filter Material. Filter material shall have a wide range of particle sizes within the following limits:

Percent Smaller Sieve By Weight

4" 100 2" 50 - 85 1/2" 10 - 50 #4 5 - 15 #20 0 - 1

e. Slope Protection Rock. Slope protection rock shall be graded within the following limits:

Percent Smaller Specified Rock Weight (Pounds) By Weight

100 100 25 25 - 50 6 0 - 1

SECTION 35 31 19 Page 6