W912DS-09-R-0012 Amendment No. 3.pdf

W16ROE90852917

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 as follow s:

1. Include Revised Bid Schedule for Task Order 0001 Fire Station II

2. Include changes to the Specif ication

3. Include answ ers to Contractor Questions for Task Order 0001 Fire Station II. FOR INFORMATION ONLY.

4. Include Wage Rate Determination

5. Include revised Draw ings in Appendix J Proposal due date remains unchanged, 15 June 2009 at 2:00 PM.

NOTE: Offeror must acknow ledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the follow ing methods: in the space provided on the SF 1442, by separate letter, or by telegram by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE WITH THE SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS (FAR 15.208)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 22-May-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-R-0012

X 9B. DATED (SEE ITEM 11)

14-May-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

22-May-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

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-09-R-0012

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 NO. 0003

1. PRICE SCHEDULE

TASK ORDER NO. 0001

FIRE STATION II

FORT DRUM, NY

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

All work required to design the Two Company Fire Station II.

NET AMOUNT

FOB: Destination

0002 1 Lump Sum

All work required to construct the Two Company Fire Station II.

0003 1 Lump Sum

All work required to construct the 6000 SF Storage Building.

ESTIMATED

ITEM NO SUPPLIES/SERVICES QUANTITY UNITS UNIT PRICE AMOUNT

0004 10 Cubic Yards

Petroleum Contaminated Soil All work required to remove and dispose off site of Petroleum Contaminated Soil in place quantity disposal per all State, Local and Federal Regulations.

Includes all testing, removal and disposal.

NOTE: This line item is provided in case Contaminated soil is discovered during Removal of the USTs.

0005 1 Lump Sum

All work required to complete demolition of buildings As identified in Appendix J; Drawing D-100, Demolition.

TOTAL BASE BID (LINE ITEMS 0001 thru 0005) $___________________________

2. SPECIFICATIONS CHANGES

The following specifications have been REVISED and are NOT RE-ISSUED with this amendment:

CHANGES TO TASKS ORDER 0001 (PN 57711 Fire Station II)

Added Wage Rate information

Section 01 10 00 Paragraph 6.2.13 Delete in its entirety and replace with the following:

6.2.13 (reference 3.7.8) The fire station alerting system shall be controllable remotely from the DES 911 center as will as from the facility itself.

Section 01 10 00 Paragraph 6.2.14 Delete in its entirety.

Section 01 10 00 Paragraph 6.3.1.7 Patio: Change “roughly 50’ long by 25 feet wide” to “40’-6” long by 20’ wide”.

Section 01 10 00 Paragraph 6.4.3: Delete the following “ Fire Flow Test See Appendix D for results of fire flow tests to use for basis of design for fire flow and domestic water supply requirements.”

Section 01 10 00 Paragraph 6.17.1.5 Change “90 days” to “30 days” in two places.

CHANGES TO TASKS ORDER 0002 (PN 69812 Child Development Center)

Added Wage Rate information

3. DRAWINGS CHANGES

The following drawings have been REVISED and are RE-ISSUED with this amendment.

CHANGES TO TASKS ORDER 0001 (PN 57711 Fire Station II)

Drawing C-100 Added standoff dimensions, deleted Stormwater ponds and added Stormwater design information.

4. RESPONSES TO QUESTIONS AND ANSWERS SUBMITTED BY PROSPECTIVE

OFFERORS:

Reference Task Order II Fire Station:

1. Reference Section 00 70 10 of task order II: Fire Station. Para 1.2 a: States to complete the design and construction of the Fire Station “no later than 540 calendar days after notice to proceed. Section 6.17.1.5 states that the demolition of the required buildings will not occur until 90 days after “Substantial Completion/ Turnover”.

Question: Does this 540 day maximum completion date also include the 90 + days after turnover of the Fire Station to complete the demolition of the required buildings? It does not appear to be included in the overall maximum contract completion time. Please clarify.

Answer: The 540 days includes the demo. See Amendment 3 for corrections to paragraph

6.17.1.5 to change 90 days to 30 days.

2. CLIN item 0004: Petroleum Contaminated soil: There is no information given in the RFP to qualify where this petroleum contaminated soil is and estimated quantity that should be assumed in pricing this line item.

Question: Please clarify where this soil is expected and the quantity assumed for bidding this line item.

Answer: See Amendment 3 for revised bid schedule with additional information on contaminated soil under the Petroleum Contaminated Soil, Line Item 0004.

3. Question: In reviewing the documents for this MATOC and the two seed projects (Fire Station and CDC) we do not find a "Bidder Inquiry" number, will one be forthcoming in an amendment?

Answer: Bidder Inquiry number is not required for these projects.

4. Question: 6.3.3.2 Stormwater Quantity Treatment. We need clarification of the 4th order stream issue. NYSDEC states that if you are discharging directly to a 4th order stream you don't need to provide water quantity treatment (no detention pond). However our site does not drain directly to a 4th order stream. We discharge to a tributary to Remington Pond which discharges to Pleasant Creek (4th order stream) then to West Creek then to Indian River. Need to know what the COE considers to be the discharge point our site, Remington Pond or the Base in general.

Answer: This paragraph requires the A/E to conduct a downstream analysis of the project site IAW NYSDEC Storm Water Design manual Chapter 4, specifically paragraph 4.8. 4.8 Clearly outlines the requirements of the downstream analysis. The results of the downstream analysis will determine if quantity treatment is required as stated in paragraph 4.8. The discharge point is the site project site. If you have specific questions about how to conduct the downstream analysis in relation to this project please reference paragraph 4.8 with the specific question.

5. Question: 6.3.1.7 Requires a 50' long x 25' wide patio to be located on site. The floor plan in the rfp shows a 20' x 40.5' pad outside the dining and day training room. Are these patios one in the same and which size to use?

Answer: Correct these patios are one in the same. See Amendment 3 for corrections to paragraph 6.3.1.7 which changed the patio size to 20’ x 40.5’.

6. Question: Appendix A, Geotechnical - No geotech information provided.

Answer: See Amendment 2 for geotechnical information on borings.

7. Question: Appendix D Fire flow Test - No Fire flow data provided.

Answer: See Section 01 10 00 Paragraph 6.4.3.1 for flow data and amendment 3 for corrections to Paragraph 6.4.3.

8. Question: Section 01 10 00, pg 16 of 172, Army Standard for Fire Stations Two Company HQ puts staffing at 31. According to DOD AT/FP the building would be classified as Inhabited.

Setbacks from roads and parking lot would be 33'. However the same Army Standard for Fire Station, pg 23 of 172 paragraph 2 indicates that all Fire stations are required to be setback from roads and parking lots 82 feet. Which standard is correct for building setback?

If we assume the greater setback of 82 feet we will likely have problems fitting the building and parking lots on the site in the same general configuration as given in the rfp drawings. The rfp drawings do not conform to the 82' setback. The detention pond as shown in the rfp is situated over ex gas, sanitary and water lines along Ontario Ave. We would need to move the pond and the whole site arrangement to the south to avoid the utilities. We will then likely conflict with the "Restricted Area" shown on the site plan south of the building.

Answer: See revised drawing in Amendment 3 which provides reconfiguration of the site with setback dimensions’ and information on Stormwater issues.

9. Reference Section 6.2.14: Fire Station alerting system shall be compatible with the existing Computer Aided Dispatch.

Question: Can a manufacturer, make and model be provided of the existing system?

Answer: Paragraph 6.2.14 is deleted under Amendment 3 because the requirement is duplicated under Paragraph 6.2.13. Paragraph 6.2.13 is revised under Amendment 3 to clarify the requirements.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

WAGE RATES

5. WAGES RATES FOR TASK ORDER NO. 0001 AND NO. 0002

General Decision Number: NY080009 08/08/2008 NY9

Superseded General Decision Number: NY20070009

State: New York Construction Type: Building County: Jefferson County in New York.

BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date

0 02/08/2008

1 05/09/2008

2 07/18/2008

3 08/08/2008

* BRNY0002-008 07/01/2008

WATERTOWN CHAPTER

Rates Fringes

BRICKLAYER.......................$ 25.37 14.04

TILE FINISHER....................$ 20.11 11.95

TILE SETTER......................$ 23.16 12.55

ELEC0910-004 04/01/2008

ELECTRICIAN......................$ 29.25 13.78

SHEE0058-001 05/01/2008

Sheet Metal Worker

Projects 10 million or less.$ 25.40 15.01

Projects over $10 million...$ 26.40 15.01

SUNY1996-002 05/01/1996

Carpenters:......................$ 16.81 5.52

CEMENT MASON/CONCRETE FINISHER...$ 19.75 5.82

Laborers:........................$ 14.06 5.36

PLUMBER..........................$ 19.24 4.26

Power Equipment Operator

Forklift....................$ 20.64 8.70

ROOFER, Including Built Up, Composition and Single Ply

Roofs............................$ 16.99 5.47

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

(End of Summary of Changes)