W912DS-10-B-0011 Amendment 0007.pdf

W16ROE01600662

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 section 00800 paragraph. 39.

2. add paragraph. 46 to section 00800

3. revise and reissue specs

4. answ er questions to prospective bidders for informational purposes only Extend Bid Opening Date from 24-August-2010 at 2:00 PM to 26-August-2010 at 2:00 P.M. local time.

Bidders must acknow ledge receipt of this amendment by the date specif ied in the solicitation (or as amended) by one of the follow ing methods. In the space provided on the SF1442, by separate letter, or by telegram, or by signing the block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE

LATE BID, LATE MODIFICATIONS OF BIDS OR LATE WITHDRAWAL OF BIDS (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 20-Aug-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 W912DS-10-B-0011

X 9B. DATED (SEE ITEM 11)

01-Jul-2010

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

20-Aug-2010

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-10-B-0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been added by full text:

AMENDMENT 0007

Green Brook Flood Damage Reduction Project Segment B-1 Sebrings Mills Road Bridge, Floodwall, Levee and Pump Station

AMENDMENT #0007

IFB NO. W912DS-10-B-0011

Bid Opening hour and date are changed to 26 August 2010 at 2:00PM local time.

1. The following change is made to the plans:

A. Revise and reissue Sheet S-002.

B. Revise and reissue Cover sheet and Checklist for Bidders

2. The following changes are made to the specifications:

A. Section 00 08 00, paragraph 39- Delete and replace in its entirety with the following:

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

Green Brook Flood Damage Reduction Project

Segment B-1 Sebrings Mills Road Bridge, Floodwall Levee, and Pump Station

Borough of Middlesex, Township of Green Brook, New Jersey

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-10-B-0011

2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00100).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE OF

REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY in Section 00100 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS – SECTION 00600 Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids. Within Section 00600, note in particular the PROHIBITION OF SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause (1984 APR).

6. THIS PROJECT IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT

FUNDED BY THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT –

CONSTRUCTION MATERIALS (MAY 1993) IN ACCORDANCE WITH FAR 52.225-5

APPLIES.

7. Bid Bonds (Standard Form 24) MUST NOT bear computer printer-generated signatures and/or seals.

INVITATION FOR BIDS NO. W912DS-10-B-0011

CHECK LIST FOR BIDDERS

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE FURNISHED.

MISTAKES OR OMISSIONS MAY RENDER YOUR OFFER INELIGIBLE FOR AWARD. IMPORTANT

ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED TO THOSE LISTED BELOW. THIS

INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A PROPER BID

__HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

__HAVE YOU COMPLETED THE “REPRESENTATIONS AND CERTIFICATIONS”(SECTION 00600)

PORTION OF THE SOLICITATION?

__IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

__IS YOUR BID PROPERLY SIGNED?

__IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY AND ARE ALL

SEALS AFFIXED?

__DOES THE BID BOND (Standard Form 24) BEAR SIGNATURES AND SEALS AFFIXED AFTER THE

DOCUMENT WAS GENERATED, AS OPPOSED TO COMPUTER PRINTER-GENERATED SIGNATURES

AND/OR SEALS?

__HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER BY ALTERING THE

PROVISIONS OF THE SOLICITATION?

__WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE ITEM?

(THE SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

__ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES LEGIBLE?

__IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY INITIALED BY THE

PERSON SIGNING THE BID?

__DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT ISA SEALED BID

AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID OPENING TIME?

__WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE SUBMISSIONS,

MODIFICATIONS, AND WITHDRAWALS OF BIDS” IN THE INSTRUCTIONS, CONDITIONS, AND

NOTICES TO BIDDERS, SECTION 00100 OF THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS FEDERAL BUILDING, 26

FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES TO ENTER THE BUILDING. BIDDER IS

RESPONSIBLE TO ENSURE THAT ITS BID IS SUB

39. INSURANCE PROCURED BY CONTRACTOR

a. The Contractor shall procure and maintain during the entire period of this performance under this Contract the following insurance policies:

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to coverage for Broad Form Property Damage. Such coverage shall not contain any environmental exclusion clause and there shall be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

(2) The policies described above shall be endorsed (i) to include the Middlesex Borough, Green Brook Township, Middlesex County, Somerset County, the State of New Jersey Department of Environmental Protection, Sebrings Mills Realty Associates and New Jersey American Water as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

(3) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

(4) Workers' Compensation and Employer's Liability Insurance. The Contractor shall provide a certificate of insurance showing that the coverage the Contractor, and/or its subcontractors carry for Workers' Compensation is within the statutory limits of the State of New Jersey. In case any class of employees is not protected under the Worker’s Compensation Statute, the Contractor and/or its subcontractors shall provide employer’s liability insurance for the protection of each of its employees as are not otherwise protected. Policy limit of Employer Liability is $1,000,000, subject to self-insurance deductible.

(5) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to the New Jersey Department of Environmental Protection, Middlesex County, Somerset County, Middlesex Borough and Green Brook Township, Sebrings Mills Realty Associates and New Jersey American Water, prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing any policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such a period as may be prescribed by the laws of the State in which this Contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substances of these clauses, in all subcontracts hereunder.

B. Section 00 80 00, add the following paragraph to the end of the section and add the paragraph title to the Section table of contents:

46. INDEMNIFICATION OF NEW JERSEY AMERICAN WATER

The Contractor and/or its agents and representatives will indemnify, defend, save and hold New Jersey American Water, its parent and affiliates and their respective officers, directors and employees harmless from any and all claims, costs, losses, expenses, liabilities and damages to property (in which event Contractor shall have the option of returning the New Jersey American Water property to substantially the same condition as prior to Contractor and/or its agents and representatives’ activities) or injuries or death to persons caused by the negligence of the Contractor and/or its agents and representatives in connection with their entry onto the property and their activities thereon. This indemnification obligation shall survive the Closing and/or expiration or termination of the Real Estate Agreement for acts occurring during the right of entry/site access period prior to Closing.

3. The following are responses to questions received from bidders (FOR INFORMATIONAL

PURPOSES ONLY):

Question No. 1: Contract plans and specifications calls for the demolition and removal of the existing residential structure at Lot 1 Block 71A. However after reviewing the plans and specification we did not find any information describing the details of this residential structure.

Please clarify is there any hazardous substance that can be encountered during the demolition of this structure?

Response: No hazardous substance is anticipated to be encountered during demolition of this structure. An asbestos and lead survey was performed and tests revealed no contamination. The house is heated by natural gas and no known underground fuel tanks exist.

Question No. 2: On contract plan sheet # S701 is shown temporary relocation of the water main.

Please clarify that contractor has the option of shutting down the existing water main to construct this temporary relocation? If yes what is duration or for how long this shut down is allowed?

Also shown is Section A on contract plan sheet # S701, this section is the detail for the relocated water main. This section has comment "SEE NOTE 4". Note 4 on this contract plan sheet pertain to the design of the concrete and the structural steel members for the Temporary relocation only.

As per amendment # 003 specification section 105 (Control of Work) the actual relocation of this water main will be performed my New Jersey American Water personnel, at no cost to the contractor. Please clarify is contactor responsible for design and installation of the relocated water main?

Response: New Jersey American Water (NJAW) will make a determination as to whether or not the existing line can be shut down for an extended period of time during construction. It should be assumed their contractor will be able to shut down the water main for a few hours to enable their contractor to make the new connections needed for the temporary and relocated lines once the new lines are in place; however, these connections will be made by the water company approved contractor under the water main allotment cost in the Bid and is not an additional cost to the bidder.

Engineering and design is the responsibility of NJAW and their cost is included in allotment price in the Bid. Construction of the support structure and any associated design to support the temporary water main is the responsibility of the contractor. Installation will be done by either NJAW or an approved NJAW subcontractor.

Question No.3: On Sheet CU101 of the contract plans shows work pertaining to the relocation of the utilities. This plan calls out for the resetting of the PARSA Sanitary manholes located on the Greenbrook Rd East. However base bid item No 5 specifies that modification, inspection and testing of PARSA manholes is a allowance work. Please clarify under which bid item the cost associated with the resetting of these manholes should be included or this associated cost is included as allowance in the base bid item # 5?

Response: Costs are included in allowance in Bid Item 0005.

Question No. 4: On Contract Plan sheet S505 is shown detail for the final relocation of the 12'' water main inside 16'' diameter steel pipe under the title "TYPICAL STEEL PIPE SUPPORT DETAIL". The supplementary specification section 105 (Control of Work page 5 of 27) under NEW JERSEY AMERICAN WATER calls out "the contractor is advised that the actual relocation of the DIP will be performed by the New jersey American Water personnel, at no cost to the contractor". Please clarify who is responsible for furnishing and installing of the L5x5x7/8'' steel member, pipe hangers and the 16'' sleeve (as shown on the detail on plan sheet S505)?

Response: All work associated with the water main relocations including furnishing and installing of the L5x5x7/8'' steel member, pipe hangers and the 16'' sleeve (as shown on the detail on plan sheet S505) are included as part of the allowance for the water company work under Bid Item 0002.

Question No.5: This is a large impact on the cost for the construction of the composite wall. See attach drawings (S-510). In addendum # 2 this detail was added, it calls for us to wrap each soldier pile along with the steel sheeting with wire fabric including placing all the rebar. Is this an option or something new that is required. My suppliers and installers are questioning this.

Response: This is a requirement. The sheet pile and soldier pile have smooth steel surfaces and there was concern regarding development of an effective bond and possible surface cracks developing in the concrete. The wire mesh wrapped around the sheet pile and soldier piles is required so the composite wall will act as one mass to resist the design forces and to virtually eliminate surface cracks in the concrete.

Question No. 6: Amendment 6, Question No. 2: Please confirm the design standard on which to base the mini caisson design.

Revised Response: See revised Sheet S-002 included in this amendment. The mini caissons shall be designed utilizing Corps guidelines for Hydraulic Structures EM 1110-2-2101 and US Department of Transportation, Federal Highway Administration, Micropile Design and Construction Guidelines June 2000. Design Document can be found on line at:

http://www.fhwa.dot.gov/engineering/geotech/library_listing.cfm FHWA-SA-97-070, “Micropile Design and Construction Guidelines”, June 2000

4. No further questions on this solicitation will be accepted by the Government. Offerors must bid the project as they see it, unless major technical deficiencies are found.

5. This amendment shall be attached to the specifications and plans and shall be a part thereof.

Question No. 7: Amendment 6, Question No. 7: Does contract W912DS-10-B-0011 need a wet signed power of attorney for the bid bond?

Revised Response: N0

(End of Summary of Changes)