Solicitation Amendment 2 W9123822B0003 A0002.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

The reason for this Amendment is to:

1. Update Clauses:

a. Amend: Bid Guarantee FAR Clause 52-228-1 To The amount of the bid guarantee shall be tw enty (20) percent of the bid price or $3,000,000 w hichever is less.

b. Add: 52.228-5 Insurance - Work On A Government Installation

c. Remove reference to: 52-215-1 Instructions to Offerors-Competitive Acquisition.

See Continuation Block 14 (Below )

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 12-Jan-2022

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 W9123822B0003

X 9B. DATED (SEE ITEM 11)

09-Dec-2021

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

CODE

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

12-Jan-2022

W9123822B0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

CONTINUATION BLOCK 14

The reason for this Amendment is to (continued):

2. Update Bidder Instructions 00 21 13 and 00 22 13

3. Replace:

Attachment 4: “Pricing Schedule” Attachment 5: “Wage Determination”

4. Add Attachments:

Attachment 7: Replace and provide additional information to page ‘G-103’ Haul “Routes” Plans Attachment 8: “Additional Data Lower American River Site 2-1" Attachment 9 “Cross Sections Lower American River Site 2-1 *See Attachment 10* Attachment 10: “Plans Replacement Pages Lower American River Site 2-1*” Replacement Pages: Sheet C-

302, C-303 and C-503; *Includes Attachment 9 “Cross Sections Lower American River Site 2-1” consisting of sheets C-701 to C-722.

5. To provide responses of inquiries received outside of Projnet. (00 71 00)

6. Add Minimum Insurance Requirements (00 73 00)

No other changes are made or implied.

SECTION 00 01 10 - TABLE OF CONTENTS

The following have been modified:

ATTACHMENT TABLE OF CONTENTS

DOCUMENT

TYPE

DESCRIPTION PAGES DATE

Attachment 1 Specifications 429 21-SEP-2021 Attachment 2 Plans 26 SEP-2021 Attachment 3 Maps 6 19-JUL-2019 Attachment 4 Pricing Schedule 1 4-NOV-2021 Attachment 5 Construction Wage

Determination

25 7-JAN-2022

Attachment 6 Pre-Award Survey 6 Attachment 7 Plans Updated

Replacement Page G-103

1 11-JAN-2022

Attachment 8 Additional Data 49 11-JAN-2022 Attachment 10 Plans Replacement

Pages

25 11-JAN-2022

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

IFB INSTRUCTIONS TO BIDDERS

VI. BID STRUCTURE

The following documents must be returned with your quote, bid, or offer.

Proposal / Volume Coversheet

- Table of Contents

- Tab 1 - SF 1442, Signed Offer (Page 2) including acknowledgement of amendments

- Tab 2 CTA documentation: List of Pre-qualified Contractors

- Tab 3 - SF 1442, Section 00 45 00 - Representations and Certifications

- Tab 4 - Pricing Schedule

- Tab 5 – Bid Guarantee (e.g. Standard Form 24 “Bid Bond”)

- Tab 6 - Pre-Award Survey

- Tab 7- Completed Sub-Contracting Plan (if Prime is a large business)

VIII. BID SUBMISSION TAB DETAILS

(A) Proposal / Volume Coversheet. As required by FAR 52.215-1(c)(2), and this solicitation, all Tabs must include a coversheet that includes the:

(i) Solicitation number.

(ii) Project title.

(iii) Offeror name, Commercial and Government Entity Program (CAGE) Code, unique entity identifier number (previously DUNS), physical address, e-mail address, telephone number, and facsimile number (if available).

(iv) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item.

(v) Name(s), title(s), e-mail address(es), and telephone number(s) of persons authorized to negotiate with the Government on the Offeror’s behalf in connection with this solicitation.

(vi) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent must be accompanied by evidence of that agent’s authority (unless previously furnished to the Contracting office). Please see FAR 4.102 for specific instructions pertaining to individuals, partnerships, corporations, JV participants, and agents.

(vii) Coversheet is limited to one (1) page.

(B) TAB 1: SF 1442, PAGE TWO (2) - SIGNED OFFER AND ACKNOWLEDGEMENT OF

AMENDMENTS.

(i) Offeror must fill out SF 1442 blocks 14, 15, 17, 20A, 20B, 20C, 30A, 30B, and 30C.

(ii) Offeror may complete SF 1442 block 19. Alternatively, Offeror may submit page one (1) of all issued SF 30s to acknowledge amendments. Offer must acknowledge all amendments using either of these methods.

(iii) Block 14 - Must include the Offeror’s CAGE code and/or unique entity identifier (EIN or DUNS).

(iv) Block 30A, 30B, and 30C - Must be duly executed and signed by an official authorized to bind the

Offeror.

(v) If the Offeror is proposing based on a CTA, include a copy of the JV agreement or other supporting documentation identifying the legal name(s) of all entities, describing the nature of each entity’s relationship (teaming/partnering, JV, etc.) and their role on the contract, and including signatures from all parties.

(vi) There is no page limit for this tab.

(vii) If applicable include CTA teaming arrangements and/or identification of PSL offers.

(B) TAB 2: LIST OF PRE-QUALIFIED CONTRACTORS

List of Pre-qualified contractors that make up your team to complete this project, and their commitment letters (if applicable).

Pre-qualified Sources List (PSL) for – Erosion, dated August 27 2021, pre-approved by feature of work:

"Earthworks" and "Biotechnical Bank Protection".

(C) TAB 3: SF 1442, SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS.

(i) In accordance with FAR Subpart 4.11, Offerors must be registered in SAM (www.SAM.gov) and have completed annual representation and certification requirements at the time an offer is submitted to be eligible for award.

(ii) Offeror may include all of SF 1442, Section 00 45 00.

(iii) Offeror must include FAR provision 52.204-8, Annual Representations and Certifications, checked as appropriate in paragraph (b)(2).

(iv) If the Offeror has not updated their SAM representations and certifications since May 2021, Offerors should update them electronically through https://www.sam.gov or must complete and return Defense Federal Acquisition Regulations (DFARS) 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - Representation.

(v) There is no page limit for this tab.

(D) TAB 4: PRICING SCHEDULE.

(i) Offeror should use the structure provided in Solicitation Attachment 4, Price Schedule.

(ii) Tab is limited to one (1) page.

(E) TAB 5: BID BOND. Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)

(F) TAB 6: PRE-AWARD SURVEY.

(i) Tab is unlimited. to eight (8) pages.

(G) TAB 7: SUBCONTRACTING PLAN:

(i) See FAR 52.219-9, Section 00 70 00, of this solicitation. Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1,500,000; they are not required from small business firms regardless of the contract price.

(ii) For information on the evaluation of subcontracting plans, see Army Federal Acquisition

Regulation Supplement, Appendix DD.

(iii) Contact Ms. Michelle Stratton (916)557-7641, Deputy for Small Business, with questions on the Subcontracting Plan requirements and further instructions on submission of Electronic Subcontracting Reporting System (eSRS) as required by FAR 52.219-9.

(iv) The Corps of Engineers highly encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 30%

Small Disadvantaged Businesses 10%

Women-Owned Small Businesses 5%

HUBZone Small Business 5%

Veteran-Owned Small Business 5%

Service Disabled Veteran Owned Small Business

3%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL

CONTRACT AMOUNT.

SECTION 00 22 13 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

SECTION 00 22 13

SUPPLEMENTARY INSTRUCTIONS

SECTION 00 22 13 SUPPLEMENTARY INSTRUCTIONS

This Invitation for Bid (IFB) assumes pre-qualification through W9123821S0006, Prequalification of Sources List - American River Common Features – Sacramento River and American River Erosion Contracts Contracts, USACE Sacramento, California.

Only bids received from contractors presently named on the Pre-qualified Sources List (PSL) for ‘Erosion’ dated August 27, 2021. Cutoff Wall Levee Improvements – Seepage and Stability Construction Contracts, dated September February 11, 2021.

The following features apply to this project: "Earthwork" and "Biotechnical Bank Protection."

If a bidder is not currently listed on the PSL, the bidder shall submit the required prequalification data to be considered for contract award. If the low price, the bidder’s submission will be reviewed one time to determine if they meet the qualifications as stated in W9123821S0006. Please see the latest notice W9123821S0006 on SAM.gov for submission requirements. https://sam.gov/opp/996a0b2465494317b3b06883bc887af2/view

For additional questions regarding the PSL Submittal information, please use the bidder inquiry key listed above in section 00 21 13 Instructions to Bidders, and not the key listed in the link directly above.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision) https://sam.gov/opp/996a0b2465494317b3b06883bc887af2/view

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by reference:

52.228-5 Insurance - Work On A Government Installation JAN 1997

SECTION 00 71 00 - CONTRACTING DEFINITIONS

TO PROVIDE RESPONSES OF

To provide responses of inquiries received outside of Projnet.

Inquiry 1: There is a large amount of discrepancy and contradiction throughout the specs around the topic of in-water work. Section 01 00 00 Page 7, sub part 1.14 “Work In the Active Channel and Floodplain” reads, “It is the contractor’s responsibility to determine schedule and control of water, and dewatering needs at the project site. But then Section 01 57 19, Page 29, sub part 3.1.1 “Flow Ways” reads, “Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as specified and permitted.” Section 01 57 19, page 33, sub part 3.4.3 “Dewatering” reads, “Dewatering is not required as part of this project.” And Section 01 57 19, page 33, sub part 3.4.4” Cofferdams, Stream Diversions, and Stream Crossings” reads, “Cofferdams, stream diversion structures, and stream crossing structures are not permitted.

The plans also have conflicting information as well. On Sheet C-301, “In-Water Work Notes”, Note 1 reads, “Instream water levels may exceed the elevation of offset “W”. The contractor may be required to construct temporary berms, limit the amount of open trench, and/or stage construction to construct this feature?

Can the government please clarify what their expectation is for the in-water work? This work, as currently designed, includes excavation, bedding placement, Rock Toe Protection placement, geotextile fabric placement, soil fill, top soil placement, erosion control fabric placement, live cuttings planting, in-stream woody material placement, and grass seeding. Will the contractor be able to divert the water in order to minimize the amount of actual in water work that will be required? Or does the government anticipate no diversion of water in any fashion, and that all work identified in the plans will be done beneath the water level within the active river channel.

Response: The Contractor will be required to work in the active channel and below the existing water surface to complete the work. The Contractor will not be allowed to place structures such as sheet pile cofferdams to divert water out of the work area or to completely dewater sections of the active channel to complete work. The Contractor may dewater excavation in the overbank (Sheet C-301) to place material, however dewatering is not required to place material. To place the Buried Soil-Filled Rock Toe Protection (Sheet C-301), the Contractor may sidecast material into berms along the edge of the excavation to prevent surface water flow into the open excavation.

To place planting bench material (Sheets C-302 through C-304*), the Contractor may also overbuild sections of the launchable rock toe protection to isolate work areas from streamflow however the overbuilt sections will need to be reworked to final grades as shown on the plans prior to project completion. The Contractor will need to consider water levels when determining means and methods for completing the project and meeting water quality requirements.

*C-302 & C-303 have been updated and part of Attachment 10 of this amendment.

Inquiry 2: There is direction regarding placing the Rock Toe Protection, the Soil Fill, and Top soil underwater, but there is no information regarding the placement of the Bedding underwater, which per the plans will be required prior to the Rock Toe Protection. The spec is very specific about placing the fine and coarse beddings in a manner in which they do not blend together. Please provide specs, details, and instruction for the placement of the Fine and Coarse Beddings below the water level in order to achieve this, or remove that section below the waterline in its entirety. Response: It is recognized this work will require additional effort to place bedding material, however, should assume bedding material will requirement placement at the lines and grades as shown on the plans.

Inquiry 3: Per the spec, all “In water work” will need to be completed between July 1st-October 31st. While working within the “beach” area, STA 289+76-309+54, our initial excavation should be out of the active waterway, but as we excavate for the Rock Toe Protection, we anticipate that we will encounter ground water. If this work is done outside of the July 1st-October 31st time frame, and groundwater is encountered, will that be water be considered part of the active water way causing operations to stop? Or will we be able to continue to work?

Response: Encountering groundwater will not be considered in-water work. However, if surface water from the active channel flows into open excavation, the open excavation would be considered in-water work.

Inquiry 5: Per Sheets C106-C110, there is a call out for the Rock Tie-Back detail to be on sheet C-501. There is very little information regarding the Rock Tie Backs on this sheet, or any of the other details sheets for that matter. It looks like the cross sections for both B and C that are referenced on detail 1, were omitted. Please provide additional information and details for the Rock Tie-Backs. Response: Details 1 and 2 and provide general details of the rock tiebacks. The rock tieback extends across the entire planting bench from the landside edge and to the rock toe protection. The rock tie-backs have a four foot top width. The rock slopes down to elevation J at a 2:1 slope on the upstream face of the rock, and at a 1.5H:1V slope on the downstream face of the rock. The top of the rock elevations are specified in by offsets E and D on Sheets C-302 through C-304 *.

* C-302 & C-303 have been updated and part of Attachment 10 of this amendment.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

SUPPLEMENTARY CONDITIONS

MINIMUM INSURANCE

In accordance with FAR 52.228-5, Insurance-Work on a Government Installation, the Contractor shall procure and thereafter maintain during the entire period of his performance under this contract the following minimum insurance.

Type and Amount

Worker's compensation and employer's liability: At least $100,000 General liability: Bodily injury liability of at least $500,000 per occurrence Automobile liability: Coverage of at least $200,000 per person; $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(End of Summary of Changes)