W912DS-09-B-0015 Amendment 0003.pdf

CIVIL WORKS TEAM

26 FEDERAL PLAZA

NEW YORK NY 10278-0090

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 purpose of this amendment is to:

1. Revise and reissue the Bid Schedule;

2. Revise and reissue sections of the specif ications, including Paragraphs 1 & 49 of Section 00800;

3. Provide revised draw ings;

4. Revise clause 52.217-6 and incorporate clause 52.222-54; and

4. Provide answ ers to contractor questions for INFORMATIONAL PURPOSES ONLY.

The Bid Due Date has been changed to 17 SEP 2009 at 2PM EST.

NOTE: Bidder must acknow ledge receipt of this amendment by the date specified in the solicitation (or as amended) by one of the follow ing methods: In the space provided on the SF 30, by separate letter, by telegram or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF BID IN ACCORDANCE WITH THE LATE BID, LATE

MODIFICATION OF BID, OR LATE WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 68

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

16C. DATE SIGNED

BY 11-Sep-2009

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 W912DS-09-B-0015

X 9B. DATED (SEE ITEM 11)

07-Aug-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 X is extended, 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

11-Sep-2009

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE E3H0610

FACILITY CODECODE

EMAIL:TEL:

W912DS-09-B-0015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0003

W912DS-09-B-0015

Gerritsen Creek Solicitation

AMENDMENT 0003

The Bid Due Date has been changed from 15 SEP 2009 at 2PM EST to 17 SEP 2009 at 2PM EST.

1) BID SCHEDULE: REVISED AS BELOW

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Bid

FFP

The Base Bid shall focus on the restoration and construction of the low and high marsh areas along Gerritsen and Mill Creeks. The restored low marsh areas will be between 0 - 2' NAVD88, and slope on a 1% grade up to the restored high marsh areas. The high marsh areas will fall between 2 - 2.9' NAVD88, and will abut with the transition slope areas (3 - 8' NAVD88). Both the high and low marsh areas will be graded on 3:1 to curtail the potential for Pharmites reinvasion.

Prior to any construction acitivities, the existing Phragmites will be sprayed with herbicide (by others).

FOB: Destination

NET AMT

0001AA 1 Lump Sum

MOBILIZATION AND DEMOBILIZATION

FFP

Furnishing and maintenance of services, equipment, and facilities & removal (as necessary), in accordance with the plans specifications.

0001AB 1 Lump Sum

MAINTENANCE/PROTECTION OF TRAFFIC

FFP

Maintenance and Protection of Traffic - Type "B" in accordance with the plans & specifications.

0001AC 167 Square

Yard

ANTI-TRACKING PAD

FFP

Labor, materials, equipment, installation, maintenance, removal, and restoring vegetations (as necessary) in accorance with the plans & specifications.

0001AD 1,107 Square

WORKSITE ACCESS ROAD

Labor, materials, equipment, installation, maintenance, removal, and restoring

0001AE 3,375 Square

STAGING AREA

Labor, materials, equipment, installation, maintenance, removal, and restoring

0001AF 1,273 Square

RESTORATION OF STREET PAVEMENT

Labor, materials, and equipment IAW plans & specifications.

0001AG 1 Lump Sum

SITE CLEARING

FFP

0001AH 65 Linear

Foot

DEMOLITION: LUMBAR GUIDERAIL

Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the plans &

0001AJ 2,494 Linear

DEMOLITION: NATURE TRAIL

Labor, equipment, & material removal and disposal in accordance with the plans & speicifcations

0001AK 1 Each

13'-6" SINGLE LINK GATE (6' HIGH)

FFP

Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the plans &

0001AL 1 Each

6'-6" CHAIN LINK GATE (6' HIGH)

FFP

Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the plans &

0001AM 1 Each

12' CHAIN LINK GATE (6' HIGH)

FFP

Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the plans &

0001AN 2,696 Linear

CHAIN LINK SECURITY FENCE (6' HIGH)

Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the plans &

0001AP 4,043 Linear

CONSTRUCTION FENCE

CONSTRUCTION FENCE (GRASSLAND PERIMETER CONTROL) Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the plans &

0001AQ 94 Linear

COR-TEN STEEL BEAM BOX GUIDERAIL

Labor, materials, equipment, installation, maintenance, removal, & replacement of vegetation or pavement (as necessary) in accordance with the plans &

0001AR 10 Each

TRANSPLANTING TREES

FFP

Labor, materials, equipment, & installation in accordance with the plans & specifications

0001AS

DELETED BY AMENDMENT 0003

FFP

THIS SLIN IS DELETED IN ITS ENTIRETY BY AMENDMENT 0003

0001AT 16.40 Acre

HERBIVORY FENCE

FFP

Labor, materials, equipment, & installation in accordance with the plans &

0001AU 170,320 Each

LOW MARSH

FFP

LOW MARSH: SPARTINA ALTERNIFLORA: Labor, materials, equipment, & installation in accordance with the plans & specifications

0001AV 3,630 Each

HIGH MARSH

FFP

HIGH MARSH: DISTICHLIS SPICATA: Labor, materials, equipment, &

0001AW 3,630 Each

HIGH MARSH

FFP

HIGH MARSH: JUNCUS GERARDII: Labor, materials, equipment, &

0001AX 3,630 Each

HIGH MARSH

FFP

HIGH MARSH: SPARTINA PATENS: Labor, materials, equipment, &

0001AY 5,500 Linear

SILT FENCE

Labor, materials, equipment, installation, maintenance, removal & restoring vegetation (as necessary) in accordance with the plans & specifications.

0001AZ 167 Square

FILTER FABRIC - STABILIZATION

Labor, materials, and equipment IAW plans & specifications

0001BA 4,482 Square

FILTER FABRIC - SEPARATION

0001BB 85,579 Cubic

UNCLASSIFIED EXCAVATION & ROUGH GRADING

UNCLASSIFIED EXCAVATION & ROUGH GRADING IN GRASSLAND

AREAS. Labor, equipment, hauling & any necessary pumping or diversions IAW plans & specifications

0001BC 50 Linear

CONCRETE SIDEWALKS, CURBS, AND GUTTERS

OPTION OPTION Item No. 1

FFP

Option #1 incorporates the restoration of the upland coastal grassland community, implementation of a stormwater management system, and .

installation of recreational features.

The grassland areas will be overlain with the clean excavated sand material sourced from the low and high marsh areas in the Basic Contract to create a 30" sand layer. The 30" layer will be capped with 6 inches of clean imported sand fill, and graded prior to planting and seeding.

The herbivory fence shall remain in place for two full growing seasons to allow for establishment of the coastal grassland community.

The upland stormwater management system will consist of a network of swales, trench drains, lawn inlets, and culverts.

Recreational features shall include the realignment of the existing nature trail, reinstallation of park signs and benches, resetting of the rock boulders, and new photo point bollards and osprey nest platforms.

0002AA 1,247 Linear

OPTION DEMOLITION: NATURE TRAIL

Labor, equipment, & material removal and disposal IAW plans & specifications

0002AB 8 Each

OPTION REINSTALLATION OF PARK SIGNS

FFP

Labor, materials, equipment, installation & maintenance IAW plans &

0002AC 10 Each

OPTION REMOVAL AND INSTALLATION

FFP

REMOVAL AND INSTALLATION OF BACKLESS BENCHES. Labor, materials, equipment, installation & maintenance IAW plans & specifications.

0002AD 29 Linear

OPTION REMOVAL AND RESETTING

REMOVAL AND RESETTING OF EXISTING GUIDERAIL: Labor, materials, equipment, installation & maintenance IAW plans & specifications.

0002AE 63 Each

OPTION RESETTING OF EXISTING BOULDERS

FFP

Labor, materials, equipment, installation & maintenance IAW plans &

0002AF

OPTION DELETED BY AMENDMENT 0003

FFP

0002AG 7 Each

OPTION PERMANENT PHOTO POINT MONUMENTS

FFP

Labor, materials, equipment, installation IAW plans & specifications

0002AH 2 Each

OPTION OSPREY NEST PLATFORMS

FFP

Labor, materials, equipment, installation, maintenace IAW plans & specifications

0002AJ 1.10 Cubic

OPTION CONCRETE FOR BENCHES AND SIGNS

Labor, materials, equipment IAW plans & specifications

0002AK 5,476 Linear

OPTION NATURE TRAIL

0002AL

OPTION DELETED BY AMENDMENT 0003

FFP

0002AM

OPTION DELETED BY AMENDMENT 0003

FFP

0002AN 227 Cubic

OPTION AGGREGATE SURFACE COURSE (TRENCH DRAIN)

0002AP 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

EUPATORIUM HYSSOPIFOLIUM: Labor, materials, and equipment IAW plans & specifications

0002AQ 31,890 Each

OPTION TRANSITION/ GRASSLAND PLANTING

FFP

CAREX PENSYLVANICA: Labor, materials, and equipment IAW plans &

0002AR 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

ASCLEPIUS SYRIACA: Labor, materials, and equipment IAW plans &

0002AS 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

ASCLEPIAS TUBEROSA: Labor, materials, and equipment IAW plans &

0002AT 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

MONARDA FISTULOSA: Labor, materials, and equipment IAW plans &

0002AU 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

SOLIDAGO SEMPERVIRENS: Labor, materials, and equipment IAW plans &

0002AV 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

EUPATORIUM FISTULOSUM: Labor, materials, and equipment IAW plans &

0002AX 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

EUPATORIUM MACULATUM: Labor, materials, and equipment IAW plans &

0002AY 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

ASTER LAEVIS: Labor, materials, and equipment IAW plans & specifications.

0002BA 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

PANICUM VIRGATUM: Labor, materials, and equipment IAW plans &

0002BB 31,890 Each

OPTION TRANSPLANTING/GRASSLAND PLANTING

FFP

RUDBECKIA HIRTA: Labor, materials, and equipment IAW plans &

0002BC 31,890 Each

OPTION TRANSITION/GRASSLAND PLANTING

FFP

APOCYNUM CANNIBINUM: Labor, materials, and equipment IAW plans &

0002BD 16.60 Acre

OPTION GRASSLAND A SEED MIX

FFP

GRASSLAND SEED MIX (VARIOUS): Labor, materials, and equipment IAW plans & specifications.

0002BE 7.10 Acre

OPTION GRASSLAND B SEED MIX

FFP

GRASSLAND B SEED MIX (VARIOUS): Labor, materials, and equipment IAW plans & specifications.

0002BF 1.50 Acre

OPTION TRANSITION SLOPE SEED MIX (VARIOUS)

FFP

0002BG 1.70 Acre

OPTION MOW STRIP SEED MIX (VARIOUS)

FFP

0002BH 7,000 Linear

OPTION SILT FENCE

Labor, materials, equipment, installation, & maintenance IAW plans &

0002BJ 10 Each

OPTION INLETS, NJDOT TYPE A

FFP

0002BK 3,064 Linear

OPTION 8" PERFORATED PVC PIPE

8" PERFORATED PVC PIPE, TYPE PS46 (TRENCH DRAIN)

0002BL 125 Linear

OPTION 12" RCP (CROSS-DRAIN)

0002BM 252 Linear

OPTION 18" RCP (CROSS-DRAIN)

0002BN 2 Each

OPTION 12" CONCRETE FLARED END

FFP

0002BP 3 Each

OPTION 18" CONCRETE FLARED END

FFP

0002BQ 16 Cubic

OPTION EROSION CONTROL RIPRAP

0002BR 1,728 Square

OPTION FILTER FABRIC - DRAINAGE

0002BS 9,241 Square

OPTION FILTER FABRIC - SEPERATION

0002BT 27,290 Cubic

OPTION CLEAN SAND, IMPORTED

0002BU 23.50 Acre

OPTION FINAL GRADING

FFP

0002BV

OPTION DELETED BY AMENDMENT 0003

FFP

THIS SLIN WAS DELETED IN ITS ENTIRETY BY AMENDMENT 0003

0002BW

OPTION DELETED BY AMENDMENT 0003

FFP

THIS SLIN WAS DELETED IN ITS ENTIRETY BY AMENDMENT 0003

OPTION OPTION Item No. 2

FFP

Option Item No. 2

0003AA 5,000 Cubic

OPTION OPTION Item No. 3

FFP

Option Item No. 3

0004AA 10,000 Cubic

OPTION Item No. 4

FFP

Option Item No. 4

0005AA 23.80 Acre

OPTION TEMPORARY SEEDING

FFP

TOTAL

TOTAL OF BASE CLINS (0001): $___________________

TOTAL OF OPTIONS (CLIN 0002 - 0005): $___________________

TOTAL OF BASE PLUS OPTIONS (0001-0005): $___________________

NOTES FOR PRICE SCHEDULE:

CLIN (Contract Line Item Number) is the same as “Item No”

1 Bidders are required to bid on both the Base Bid Items and the Optional Items on the Price Schedule or their bid will be rejected.

2 The low bidder for the purpose of award will be the conforming responsible bidder offering the lowest amount for the Total Base Bid & Optional Items. The Government is under no obligation to award any Optional Item.

3 Any bid which is materially unbalanced as to the price for the Base Bid Item and Optional Item may be rejected. An unbalanced bid is one, which is based on price significantly less than the cost for some work and prices are significantly overstated for other work.

4 The government may award all the optional bid Items at the time of award of the basic contract.

Exercise of options is at the discretion of the government and not guaranteed. The Government is under no obligation to award any Option

5 Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

6 Option 1 may be awarded within 100 calendar days from issuance of the Notice to Proceed date and no additional time will be added to the contract duration.

7 Option 2 and 3 may be awarded within 200 calendar days from issuance of the Notice to Proceed date and no additional time will be added to the contract duration.

8 Option 4 may be awarded within 100 calendar days from issuance of Notice to Procedd date and no additional time will be added to the contract duration, this option will not be awarded if Option 1 is awarded.

2) SPECIFICATIONS: REVISE AS BELOW

Revise Main Table of Content as attached

- Section 00010: Price Schedule is revised and reissued in this amendment.

New Section added -Section 00903:”Channel and Trench Drain Pipe Alignment Control Points” -Section 31 05 22: “FILTER FABRIC” -Section 32 12 10: “BITUMINOUS TACK AND PRIME COATS” -Section 32 12 16: “HOT-MIX ASPHALT (HMA) FOR ROADS”

Planting Tables are revised as attached for SECTION 32 93 00

-Sections Revised -Section 00 80 00.00 18: is revised and reissued in its entirety as attached -Section 01 12 00.00 18: is revised and reissued in its entirety as attached -Section 01 55 00.00 18: is revised and reissued in its entirety as attached -Section 01 57 30.00 18: is revised and reissued in its entirety as attached -Section 02 38 10.00 18: is revised and reissued in its entirety as attached -Section 03 31 01.00 10: is revised and reissued in its entirety as attached -Section 03 20 02: is revised and reissued in its entirety as attached -Section 12 93 00: is revised and reissued in its entirety as attached -Section 31 00 00: is revised and reissued in its entirety as attached -Section 31 10 00: is revised and reissued in its entirety as attached -Section 31 11 00: is deleted and combined with Section 31 10 00 -Section 31 32 11: is revised and reissued in its entirety as attached -Section 32 31 13: is revised and reissued in its entirety as attached -Section 32 31 01: is deleted and combined with Section 32 31 13 -Section 32 16 13: is revised and reissued in its entirety as attached -Section 32 92 19: is revised and reissued in its entirety as attached -Section 32 96 00: is revised and reissued in its entirety as attached -Section 33 46 16: is revised and reissued in its entirety as attached

3) DRAWINGS:

1. The following drawing, which accompanies, has been revised:

- Index: GI002

- Survey Control & Existing Contours: V-101

- Channel and Baseline Alignments: CG401

- Trench Drain Alignment & Swale Alignment Points: C-401

- Nature Trail Demolition: LD101

- General Civil Site Plan: CS101

- Civil Site Plan 1: C-101

- Civil Site Plan 2: Baseline A (Sta. 0+00 - 7+00.98): C-102

- Civil Site Plan 3: Baseline A (Sta. 7+00.98 - 9+90.23): C-103

- Civil Site Plan 4: C-104

- Civil Site Plan 5: Baseline A (Sta. 9+90.23 - 16+18.14): C-105

- Civil Site Plan 6: Baseline A (Sta. 16+18.14 - 25+35.30): C-106

- Civil Site Plan 7: Baseline A (Sta. 25+35.30 - 29+33.10): C-107

- Civil Site Plan 8: C-108

- Civil Site Plan 9: C-109

- Civil Site Plan 10: C-110

- Civil Site Plan 10: C-111

- Trench Drain Profile: Station 0+00 to 11+00: CG304

- Trench Drain Profile: Station 23+00 to 30+90: CG305

- Trench Drain Profile: Station 11+00 to 23+00: CG306

- Herbivory Fencing & Grassland Perimeter Fencing: LD102

- General Planting Plan: CE101

- Restoration Planting Plan 1: CE102

- Restoration Planting Plan 2: CE103

- Restoration Planting Plan 3: CE104

- Restoration Planting Plan 4: CE105

- Restoration Planting Plan 5: CE106

- Roadway Details: GC505

- Drainage Details 1: CU501

- Planting Details: CE501

- Soil Erosion and Sediment Control Plan: GC101

- Project Notes: GC001

- Planting Tables: L-001

- Geotechnical Tables: B001

4) QUESTIONS AND ANSWERS

The following questions and answers are provided for information only. Nothing contained below amends or revises any provision of the solicitation

Questions:

1) Section 31 05 22 Filter Fabric and I can not find this section. Can you please see if it was an oversight and not included in the specs?

Answer: Section 31 05 22 is added in this amendment.

2) Please clarify as to the requirement for off site disposal of the debris generated from the site clearing. Sheet GC001, Excavation Notes 11 indicates that the phragmites needs to be disposed off site. Ecosysten Restoration Notes 3, indicates that the phragmites will be placed in an on site disposal area.

Answer: All phragmites need to be disposed off site, Plans will be revised in this amendment.

3. The base bid includes the wetland plantings (0001AU-0001AX) but the herbivory fencing (0002AF) is included in Option #1. These two tasks must be included together in order to protect the wetland plugs from goose predation. Please advice.

Answer: Herbivory fencing was removed from the option 1 items and added to the basic bid in this amendment.

4. We are still confused by item 0001BB (85,579 c.y.) and item 0002BU (81,790 c.y.) We understand that the excavated material in the base bid will be deposited on site according to the grading plan. Since we are assuming that all of this excavation will occur under the base bid items, is item 0002BU necessary? Aren't these essentially duplicates of the same quantities?

Answer: Bid Price schedule was revised.

5. Can you clarify whether reissue of Sections 32 92 19 and 32 93 00 precludes the inclusion of the Planting Table in both sections?

Answer: Planting tables will be revised and re-issued in the specs and in the plans in this amendment.

6. Under section 32 93 00 Exterior Planting, there is a line item (#0002AP) for Andropogon gerardi, quantity 70,937, that is not listed in the spec's Planting Table. Please clarify.

Answer: Line item was deleted in this amendment.

7. Under section 32 93 00 Exterior Planting, the two species Eupatorium hyssopifolium (qty 31,905) and Vernonia novaeboracensis (qty 31,905) are listed in the Planting Table but not given a line item in the bid form. Please clarify.

Answer: Bid Price schedule was revised in this amendment to include these two species.

8. There is no temporary seed item in the Base Bid. If Option #1 does not get awarded Corps will be responsible for some type of erosion control cover for soil stabilization. There is a spec for this but no bid item.

Answer: Temporary seed item was added in this amendment; Option #4.

9. Spec says payment for the seeding items will be by area. Payment by s.y. or acres is more the industry standard rather than lbs of seed.

Answer: Answer: Revised in this amendment to “Acres”.

10: Can the existing material generated from the removal of the nature trails be reused on site for the new nature trails, staging area and access road?

Answer: No During construction material may be tested and examined to see if it meets the requirements of the Plans and Specs and with the approval of the COR may be used or recycled and a modification of the contract will be issued.

11- SECTION 02 38 10.00 18 ANTI-TRACKING PAD refers to the Filter Fabric-Stabilization shall conform to the materials requirements described in Section 32 31 13 FILTER FABRIC.

That section in the specifications is listed as fencing? In fact other then the silt fence I can’t find any specifications for the geotextiles (separation, stabilization & drainage) as indicated in the bid take-offs. Am I missing something?

Answer: Section 31 05 22 is added in this amendment and other sections were revised

12: Unclassified Excavation: Under Payment Items Paragraph 1.3.1, the unit price is to include disposal. However, under Excavation Paragraph 3.3, the excavated material shall be stockpiled within Grassland areas. Shall the Unclassified Excavation on the base bid be stockpiled or removed from site to disposal?

Answer: Section revised

13: Please provide or reference for a ‘payment item’ in the spec for the Sand Fill Excavated item

0002BU

Answer: Item was deleted and revised to Final Grading

14: A new bid item (0001AF - “Restoration of Street Pavement”) was added to the contract with an engineer’s quantity of 333 Square Yards there were no drawings issued showing the location or extent of the pavement restoration please provide additional information so an accurate amount can be provided.

Answer: Item was revised, specs and plan was revised in this amendment.

Pay Item: Street Pavement Restoration, Patterning is added to the drawings to show extent of Work Site Access Road

15: A new bid item (0001BC – “Concrete Sidewalk, Curb, and Gutter”) was added to the contract with an engineer’s quantity of 1,808 Linear Foot there were no drawings issued showing the location or extent of the proposed concrete sidewalk, curb, and gutter please provide additional information so an accurate amount can be provided.

Answer: item was revised, specs and plan was revised in this amendment.

Pay Item: Concrete Sidewalk, Curb, and Gutter will be estimated from the entrance area, amount is revised and note is added to indicate approximate location of sidewalk.

16: How are we to know how much “undesirable debris” will be mixed in with the existing soil for us to dispose of off-site? This is now required as per a statement made on page 31 of 57 of Addendum #1

Answer: Revised in this amendment and see “SITE CLEARING”

17: What item are we to include the drainage swales in as there is no bid item that includes this?

Answer: Drainage swales will be graded as indicated on Sheet C-001; it will be bid as part of Payment Item: Final Grading.

18: I still do not see Custom Granite bollards for rock bump-out line item in the proposal. Is it safe for me to assume the quantity this item the same with resetting existing boulders? Also, do you have the name of the manufactures or companies who provide Opsrey Nest platform, Cor-ten steel beam box, and backless bench?

Answer: Granite bollards were for photopoints/outdoor classroom (Deleted). They have nothing to do with the rock bump outs, which are just boulders. Custom Granite bollards were deleted in this amendment and Government does not provide specific companies for any item.

Cor-ten just refers to the appearance of the corrosion resistant steel and looks more rust colored, as opposed to acid etched which is shiny like standard guardrails. Box beam guard rails are standard and no specific manufacturer needed.

Osprey posts and backless benches are manufactured on site utilizing the efforts of a carpenter and built according to the plans.

19: Upon incorporation of Amendment #1's documents into our set, can you clarify whether re-issue of Sections 32 92 19 and 32 93 00 precludes the inclusion of the Planting Table in both sections?

Answer: Planting tables will be revised and re-issued in the specs and in the plans.

20: Section 31 05 22 Filter Fabric seem to be missing from the document, can you please forward

Answer: Section 31 05 22 is added in this amendment.

21: Section 31 10 00 Site Clearing seem to be missing from the document, can you please forward

Answer: Section 31 10 00 is added in this amendment.

22: Although I received the amendments that contain Q & A, I am still unclear as to what all the concrete is for? The benches and park signs alone can not possibly add up to 3,520 CY, but then again, I could be wrong, but does not seem to fit the details on the plans. Can you further clarify this line item?

Answer: The concrete estimate was revised in new bid schedule.

23: The specification 03 31 01.00 10 states (under paragraph 1.2) that the “scope of work shall consist of furnishing and installing concrete for the construction of the “boardwalk” in accordance with the plans and specs, and as directed by the Contracting Officer.” I do not see a line item for a “Boardwalk” nor is it indicated on the plans. Or is the concrete bid item for all the fencing and gate footings that are in the contract? Please clarify.

Answer: Section revised “Boardwalk” deleted.

24: I am unable to locate a spec or bid item on Deer Fencing as noted on plan # LD 102. Can you please clarify this line item as to how it will be paid for?

Answer: All Revised to Herbivory fencing.

25. Under Special Contract Requirements, Section 00800 there are no line items that indicate how the Wetland Specialist/Ecologist would be paid and asks the bidder to employ. As most bidders do not employ a Wetland Specialist, it seems that it would be appropriate to have a line item under the base bid to hire a Company to supervise the performance aspects of the project.

Otherwise, this is a cost that will be hidden in many of the line items that which the Wetland Specialist/Ecologist would be involved with.

Answer: No line item is needed; this is part of the requirements to construct the project.

26: If tidal inundation affects the progress of excavation, is the Contractor allowed to work at night to meet project deadline or is there a clause in the contract that will allow the Contractor additional working days without liquidated damages?

Answer: Contractors can review the weather delay allowances in section 0800 and working hours. Any delays to other natural events will be reviewed with the COR during construction.

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

52.222-54 Employment Eligibility Verification JAN 2009

The following have been modified:

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor for:

Option 1 within 100 calendar days, Option 2 & 3 within 200 calendar days, and Option 4 within 100 calendar days of contract award. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL REQUIREMENTS

SECTION 00 80 00.00 18

SPECIAL CONTRACT REQUIREMENTS

(00800)

TABLE OF CONTENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

2. LIQUIDATED DAMAGES - CONSTRUCTION

3. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTORS

4. CERTIFICATES OF COMPLIANCE

5. BID GUARANTEE

6. CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS

7. RECORD DRAWINGS

8. VARIATION IN ESTIMATED QUANTITY

9. PHYSICAL DATA

10. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

11. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

12. ALTERATIONS IN CONTRACT

13. AVAILABILITY AND USE OF UTILITY SERVICES

14. LAYOUT OF WORK

15. FIELD OFFICE

16. BULLETIN BOARD

17. QUANTITY SURVEYS

18. SUPERINTENDENCE OF SUBCONTRACTORS

19. SCHEDULING AND DETERMINATION OF PROGRESS

20. PROCEDURES FOR SUBMISSION AND PAYMENT OF ALL CONTRACT

PAYMENTS

21. SUBMISSION OF CLAIMS

22. PROGRESS PAYMENTS

23. PERFORMANCE EVALUATION OF CONTRACTOR

24. SAFETY AND HEALTH REQUIREMENTS MANUAL

25. AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

26. DAMAGE TO WORK

27. ENVIRONMENTAL LITIGATION

28. LABOR-ADDITIONAL REQUIREMENTS

29. QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK

30. TIME EXTENSION

31. VEHICULAR AND OTHER SAFETY CONTROL

32. PRE-CONSTRUCTION CONFERENCE

33. VERIFICATION OF SMALL BUSINESS UTILIZATION

34. COORDINATION CONFERENCES

35. CONTRACTOR WORKING HOURS

36. STATE/LOCAL INCOME TAXES

37. GOVERNMENT RESIDENT MANAGEMENT SYSTEM

38. CONSTRUCTION PROJECT SIGNS AND PUBLIC SAFETY SIGN

39. FUEL USAGE

40. OIL TRANSFER OPERATIONS

41. INSURANCE PROCURED BY CONTRACTOR

42. LABOR SURPLUS AREA EXPENDITURE REQUIREMENTS

43. PLANT

44. PRICING OF ADJUSTMENT

45. SITE INSPECTION

46. MISPLACED MATERIAL

47. PROTECTION OF EXISTING STRUCTURES

48. PARTNERSHIP IMPLEMENTATION PLAN

SECTION 00 80 00.00 18

(SECTION 00800)

SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

a. The Contractor shall be required to (i) commence work under this contract within 5 calendar days after the date the Contractor receives the Notice to Proceed. ii) Prosecute the work diligently and (iii) complete the entire work ready for use not later than 550 calendar days from receipt of Notice to Proceed. The time stated for completion shall include the final cleanup of the premises. (FAR 52-212-3)

b. Location: The site of the work is located at Gerritsen Creek, Brooklyn, New York.

c. The Contractor shall furnish all labor, materials, equipment, and services for the work at Gerritsen Creek, Brooklyn, New York.

d. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail to his supervision, direction, and instructions. (DoD FAR Supplement 52.236-7014)

e. Magnitude of Construction Project: The estimated value of the proposed work is between $5,000,000 and $10,000,000.

f. ADDITIONAL CONTRACTOR REQUIREMENTS

All references will be contacted and the government will be conducting an extensive pre-award survey during the pre-award period.

The successful bidder must have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them. One factor the government will use in determining whether the apparent low bidder meets this requirement is whether it has successful use the following specialized field equipment for marsh restoration projects:

Marsh excavator Waterfowl barrier

A. The contractor (the apparent low bidder) shall provide within Two(2) calendar days from the date of being notified of being the apparent low bidder 5 copies of all references and contacts for a minimum three (3) similar projects completed within the last five years with a minimum value of $3,000,000 each utilizing the specialized equipment above and must in include the following information:

1. The project title and location.

2. Body of water in which project is located.

3. Point of contact with current phone number, fax number, email address (if available) and street address.

4. Initial contract amount, initial contract completion date, contract value at completion date and final completion date.

5. Before and after photographs

B. Documentation that demonstrates that the following required personnel have the required relevant experience as described below:

1. Project Site Supervisor – Wetland Ecologist

The contractor shall employ a Project Site Supervisor, with a background in plant and soil sciences who has provided construction oversight for a minimum of three (3) tidal restoration and (1) maritime grassland restoration project(s) that are greater than or equal to 5 acres in size, with the following complexities:

Tidal Restoration:

a) Tidal creek crossings

b) Unconsolidated substrate and highly organic soils

c) Variable salinity regimes

d) Invasive plants

e) Waterfowl barriers

f) Spartina alterniflora plantings

Maritime Grassland:

1. Unconsolidated substrate

2. Invasive plants

3. Maritime Grassland Plantings

Information to be provided for each project identified above shall include:

1. The project title and location.

2. Body of water in which project is located.

3. Point of contact with current phone number, fax number, email address (if available) and street address.

4. Initial contract amount, initial contract completion date, contract

2. Project Manager – The contractor shall employ a Project Manager with a minimum of five (5) years experience in the design, preparation of plans and specifications and construction oversight of a minimum of three (3) tidal restoration projects, five (5) acres in size or larger, with the following complexities:

1. Grading

2. Tidal creek crossings

3. Unconsolidated substrate and highly organic soils

4. Variable salinity regimes

5. Spartina Alterniflora plantings

3. Point of contact with current phone number, fax number, email address (if available) and street address.

4. Initial contract amount, initial contract completion date, contract

3. QA/QC Wetland Specialist

The contractor shall employ a QA/QC Wetland Specialist, with a background in plant and soil sciences who has been the primary wetland ecologist during design, preparation of plans and specifications and construction on three (3) tidal restoration projects and (1) Maritime grassland project that are greater than or equal to 5 acres in size, with the following complexities:

Tidal Restoration:

a) Tidal creek crossings

b) Unconsolidated substrate and highly organic soils

c) Variable salinity regimes

d) Invasive plants

e) Waterfowl barriers

f) Spartina alterniflora plantings

Maritime Grassland:

a) Unconsolidated substrate

b) Invasive plants

c) Maritime Grassland Plantings

3. Point of contact with current phone number, fax number, email address (if available) and street address.

4. Initial contract amount, initial contract completion date, contract

Responsibilities:

a. QC all wetland activities – since project site is entirely considered wetland this person shall be onsite a minimum of 50% of onsite activities, especially planting activities.

b. Ensure all permit requirements are followed, identify problem areas, notify COR of all non-conformities, and recommend corrective actions, including both the staging area and the project area.

c. Lead initial training from the Environmental Protection Plan (EPP) to all Contractor employees.

e. Ensure that all new employees are trained in the EPP and are given knowledge in regards to working in sensitive tidal wetlands.

2. LIQUIDATED DAMAGES - CONSTRUCTION (APR 1984)

a. If the Contractor fails to complete the work within the time specified in the Contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $1,039.00 for each day of delay.

b. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

c. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. (FAR 52.212-5)

3. EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (1984

APR)

Notwithstanding the clause of this contract entitled "Subcontracts" the Contractor shall not enter into a first-tier subcontract for an estimated or actual amount of $1 million or more without obtaining in writing from the Contracting Officer a clearance that the proposed subcontractor is in compliance with the equal opportunity requirements and therefore is eligible for award.

4. CERTIFICATES OF COMPLIANCE

Any Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies. Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements. (ECI 7- 670.3)

5. BID GUARANTEE

See Bid Guarantee Clause of Section 00700, CONTRACT CLAUSES.

6. CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (52.236-7001)

See Contract Drawings, Maps and Specifications Clause of Section 00700, CONTRACT

CLAUSES.

See Index of Drawings for the list of drawings.

7. RECORD DRAWINGS

Also see Section 01 12 00.00 18 RECORD DRAWING REQUIREMENTS for more details.

a. General: The Contractor will maintain as-built drawings during the construction period and will submit final record drawings at the completion of individual facilities. The Government will provide to the Contractor the CAD (Computer-Aided Drafting) files consisting of compact (computer) disks or magnetic media of the drawing files in the appropriate CAD format (i.e. “Microstation”, “Autocad”, etc.) for the project. The Contractor is required to make prints or mylars from the CAD files and continuously maintain drawings to show current as-built conditions for the duration of the construction. Except for updates as indicated below, the Contractor may maintain as-built drawings by marking up drawings by hand or by CAD methods. Scanned drawings will not be acceptable. If the Government cannot provide CAD files for the project drawings, mylar (reproducible) drawings will be provided.

The contractor will then be required to comply with all requirements indicated herein by the use of hand drafting.

b. Progress As-built Prints: During construction the Contractor is responsible for maintaining up to date one set of paper prints to show as-built construction conditions. These prints shall be kept current and available on the job site at all times. All changes from the contract plans which are made in the work or additional information which might be uncovered in the course of construction shall be accordingly and neatly recorded as they occur by means of details and notes. The as-built prints will be jointly inspected for accuracy and completeness by the Contracting Officer’s Representative and a responsible representative of the Contractor prior to submission of each monthly pay estimate. Partial payment will be withheld (amount to be determined) if the monthly review of as-built drawings reveals inaccuracies or incompleteness of as-built conditions. Progress as-built drawings shall show the following information, but not limited thereto:

(1) The location and description of any utility lines, valves, or other installations of any kind within the construction area. The location includes dimensions to permanent features. Average depth below surface shall also be indicated. The location of all underground utility lines, valve boxes or other items shall be located using a minimum of two tie-point dimensions. All dimensions must be taken from permanent structures or points that will remain after the construction work is completed.

(2) The location and dimensions of any changes with the building and structure.

(3) Correct grade or alignment of roads, structures or utilities if any changes were made from the contract plans.

(4) Correct elevations if changes were made in site grading

(5) Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor including but not limited to fabricated, erection, installation plans and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc.

(6) The topography and grades of all drainage installed or affected as part of the project construction.

(7) All changes, which result from contract modifications.

(8) Where contract drawings or specifications allow options, only the option selected for construction shall be shown on the as-built prints.

(9) Systems designed or enhanced by the Contractor, such as HVAC controls, fire alarm, fire sprinkler and irrigation systems.

(10) All amendments to the contract drawings issued during the solicitation period shall be posted on the as-built drawings.

c. Hand Drafting: If mylars only are provided to the Contractor, they shall be updated using hand drafting. Only personnel proficient in the preparation of engineering drawings to standards satisfactory and acceptable to the Government shall be employed to modify the mylar reproduction drawings or prepare additional new drawings. All additions and corrections to the contract drawings shall be neat, clean and legible, and shall match the adjacent line work and/or lettering being annotated in type, density, size and style. All drafting work shall be done using the same medium (pencil, plastic lead or ink) that was employed on the original contract drawings and with graphic lead on paper base material. The title block to be used for any new as-built drawings shall be similar to that used on the original contract drawings.

d. Protection of Records: The Contractor shall be responsible for the protection and safety of mylars and CAD record until returned to the Contracting Officer. Any drawings damaged or lost by the Contractor shall be satisfactorily replaced by the Contractor at his expense.

e. 50% As-Built Update: At the 50% point in construction of this project (as determined by progress payments) the Contractor will update the CAD files of the project drawings in the appropriate CAD program to show as-built conditions as above, and submit an updated computer disk and one set of prints to the Contracting Officer for approval.

If mylars only are provided to the Contractor, they shall be updated at this stage using hand-drafting as specified herein, and the Contractor shall submit one set of prints to the Contracting Officer for approval. Any required corrections will be made by the Contractor before payment will be approved for this item. The Contractor must use the updated CAD record or mylar drawings to produce required prints.

f. Preliminary Record Drawing Submittal: At least thirty calendar (30) days before the anticipated date of final acceptance inspection, the Contractor shall deliver two copies of progress prints showing final as-built conditions to the Contracting Officer for review and approval. These prints shall correctly show all the features of the project as it has been constructed, adding such additional drawings as may be necessary. They shall be printed from the CAD files updated in the appropriate CAD program, or from updated mylars if mylars only were provided to the Contractor. Within ten days, the Government will provide the Contractor one set of prints indicating required corrections to the preliminary submittal. Contractor will correct and resubmit within 5 days. Any required subsequent review and re-submission periods will each be accomplished within 5 days. Upon Government approval of the preliminary submittal, the Contractor will prepare final record drawings.

g. Record Drawing Submission: In the appropriate CAD program each drawing shall be marked with the words “RECORD DRAWING AS-BUILT” followed by the name of the Contractor in font which will print at least 3/16” high. All revisions to the original contract drawings will be dated in the revision block. All prints and mylars must be reproduced from the updated CAD files. If mylars only were provided to the Contractor, they shall be hand-lettered or stamped as indicated above, and revisions shown in revision block. A minimum of 5 calendar days before the anticipated date of final acceptance inspection of the project the Contractor shall deliver to the Contracting Officer:

Three (3) CD’s (ROM) of CAD files of Record Drawings.

One (1) set of Mylar Record Drawings One (1) copy of prints of Record Drawings.

Failure to make an acceptable submission of Record Drawings will delay the Final Acceptance Inspection for the project and shall be cause for withholding any payment due the Contractor under this contract..

h. Property: All paper prints, reproducible drawings and CAD files will become property of the Government upon final approval. Approval and acceptance of the final record drawings shall be accomplished before final payment is made to the Contractor.

i. Payment: No separate payment will be made for the as-built and record drawings or updating of CAD files required under this contract, and all costs in connection therewith shall be considered a subsidiary obligation of the Contractor.

8. VARIATION IN ESTIMATED QUANTITY (52.211-18)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

9. PHYSICAL DATA

Information and data furnished or referred to below is furnished for the Contractor's information. However, it is expressly understood that the Government will not be responsible for any interpretation or conclusion drawn there from by the Contractor. (FAR 52.236-4) (APR 1984)

a. The physical conditions indicated on the drawings and in the specifications are the result of site investigations by surveys.

b. Weather Conditions: Climatological data determined from records of the

National Weather Service Forecast Office, Central Park, New York City Weather Station:

Mean Annual Temperature: 55 degrees F Mean Annual Precipitation: 47 inches

See paragraph 33 for time extensions for unusually severe weather.

c. Survey Investigations: The physical conditions indicated on the Contract Drawings and the Specifications are the result of site investigations by survey. Should any question of discrepancy arise, the condition should be independently confirmed by the Contractor.

d. Transportation Facilities:

Roads: The major routes in the immediate vicinity are Ave. U and Flatbush Ave. The Contractor shall make his own investigation of available roads for transportation, of loads limits of bridges and roads, and other road conditions affecting the transportation of materials, equipment, supplies and other facilities to the site. The Contractor shall also construct such temporary haul roads and bridges as may be necessary for the conduct of the work. Any such temporary construction shall be restored to its original conditions. All costs for the use of existing transportation facilities and obtaining permits, for the construction of temporary facilities, and for maintenance, repair, removal and restoration shall be borne by the Contractor.

The Contractor shall obtain appropriate transportation permits, if necessary.

10. PAYMENT FOR MATERIALS DELIVERED OFF-SITE

Pursuant to the Contract Clauses in this contract titled "Payments Under Fixed-Price Construction Contracts", materials delivered to the Contractor at locations other than the site of the work may be taken…