W912DS-10-B-0013-Amendment0002.pdf

W16ROE01801350

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. Issue revised Bid Schedule and Notes.

2. Revise Specifications Section 00800, delete section 03 31 00.00 10 and add section 03 30 53.

3. Issue revised Plans.

4. Provide answ ers to questions for informational purposes only.

5. The bid opening date is revised from 14SEP2010 to 21SEP2010 at 2:00PM EST.

NOTE: Bidders 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 SF1442, by separate letter, 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 13

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

16C. DATE SIGNED

BY 10-Sep-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-0013

X 9B. DATED (SEE ITEM 11)

11-Aug-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 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

10-Sep-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-0013

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 0002

Revised Bid Schedule:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

BASE BID WORK

FFP

All work complete in accordance with the drawings and specifications but not including without limitation the work indicated or specified under Option 1, Option 2, Option 3, Option 4, Option 5 or Option 6. Under the Base Bid, the Contractor shall include all work for the complete construction of the boulder toe stabilization and vegetated revetment upstream of the designated wetland, including but not limited to mechanical clearing and grubbing, seeding, live stake planting and catch basin work.

FOB: Destination

MILSTRIP: W16ROE01801350

PURCHASE REQUEST NUMBER: W16ROE01801350

NET AMT

0002 Lump Sum BASE - Underground Utilities

FFP

All work for costs associated for the protection of the existing underground utilities.

FOB: Destination

0003 Lump Sum BASE - Test Pits

FFP

All work for costs associated for the test pits.

0004 1 Lump Sum

OPTION OPTION 1

FFP

Provision of all work for costs associated with the boulder toe stabilization and vegetated revetment downstream of the designated wetland, including but not limited to mechanical clearing and grubbing, seeding, live stake planting and catch basin work.

0005 1 Lump Sum

OPTION OPTION 2

FFP

Provision of all work for costs associated with the complete construction associated with the wetland invasive removal and seeding.

0006 1 Lump Sum

OPTION OPTION 3

FFP

Provision of all work for costs associated with any tree, shrub or plant installation, not including live stake planting and seeding as included in the base.

0007 1 Lump Sum

OPTION OPTION 4

FFP

Provision of all work associated with the purchase, supply and installation of the specified guide rail.

0008 1 Lump Sum

OPTION OPTION 5

FFP

Provision of all work associated with herbicide application to be applied during the Spring/Summer of 2011, followed by seeding.

0009 1 Lump Sum

OPTION OPTION 6

FFP

Westchester County Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

Totals:

TOTAL BASE BID ITEMS (CLINs 0001 thru 0003): $ TOTAL OPTIONAL BID ITEMS (CLINs 0004 thru 0009):$

TOTAL BASE PLUS OPTIONS: $

Notes for Bidders:

1. The low bidder for purposes of award will be the lowest conforming responsible bidder offering the lowest Total Base Bid Amount and the Optional Bid Amount for all Items.

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

3. Bidders are required to bid on all items or their bid will be rejected.

4. Bidders are reminded that they must bid on the issued plans and specifications as amended.

Any deviations, conditions, or amendments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

5. Optional bid items, if awarded will be as follows:

6. Option 1 - Bid Item 0004, construction associated with the boulder toe stabilization and vegetated revetment downstream of the designated wetland may be awarded, at the Government's discretion, within 5 calendar days from issuance of the Notice to Proceed. No additional time shall be added to the contract.

7. Option 2 - Bid Item 0005, construction associated with the wetland invasive removal and seeding may be awarded, at the Government's discretion, within 5 calendar days from issuance of the Notice to Proceed . No additional time shall be added to the contract.

8. Option 3 - Bid Item 0006, tree, shrub and plantings may be awarded, at the Government's discretion, within 5 calendar days from issuance the Notice to Proceed . No additional time shall be added to the contract.

9. Option 4 - Bid Item 0007, of all work associated with the purchase, supply and installation of the specified guide rail may be awarded, at the Government's discretion, within 5 calendar days from issuance of the Notice to Proceed. No additional time shall be added to the contract.

10. Option 5 - Bid Item 0008, all work associated with herbicide application may be awarded, at the Government's discretion, within 5 calendar days from issuance of the Notice to Proceed. An additional 90 calendar days will be added to contract and work shall be completed within 455 calendar days of the Notice to Proceed.

11. Option 6 - Bid Item 0009, Westchester County and Con Edison Liability Insurance may be awarded, at the Government's discretion, within 5 calendar days from issuance of the Notice to Proceed. No additional time shall be added to the contract.

Amendment No. 2

USACE, NYD Corps of Engineers New York, NY 10278

AMENDMENT NO.2 FOR IDC NO. W912DS-10-B-0013

1. The following changes shall be made to the specifications and plans.

1) SPECIFICATIONS:

1-Section 00 01 00 Delete Section 00 01 00 Bid Schedule and replace in its entirety.

2-Section 00 80 00

A-Revise paragraph 1.a (iv) to include Option #4 and Option #6.

B-Revise paragraph 1.a (v) by deleting Option #4 and replacing with Option #5.

C-Revise paragraph 40.a by deleting “(CLIN 0007)” and replacing with

“(CLIN 0009)”.

D-Revise paragraph 40.a (2) to include County of Westchester and Con Edison as additional insured.

E-Insert paragraph 48 in its entirety.

48. TEST PIT COORDINATION

The Contractor shall provide all labor, material, and equipment necessary to conduct two

(2) borings per utility line for a total of twenty (20) test pit locations to be determined by and at the discretion of the Contracting Officer Representative and Con Edison representative. The test pit activities will be used to determine the top of pipe and pipe invert for the existing eight (8) utilities that have been identified along the eroding stream bank of the Bronx River. The Contractor shall furnish the required personnel, equipment, instruments, and transportation, as necessary to accomplish the required services and furnish to the Contracting Officer Representative reports and other data together with supporting material developed during the field data acquisition process. During the course of the work, the Contractor shall provide adequate professional supervision and quality control to assure the accuracy, quality, completeness, and progress of the work. The Contractor shall comply with the safety provisions described in Section 01 35 26.

Utilities to be located are situated from the Central Avenue Bridge working downstream.

The eight (8) utilities that top of pipe and pipe invert are to be determined include:

2-8 inch steel coated oil - electric

1-12 inch steel gas main (from 16 inch manifold) 1-16 inch steel gas main (from same 16 inch manifold) 2-12 inch branched steel pipe (from a 12 inch gas transmission main) 2-5 inch steel coated oil transmission lines.

Prior to conducting any test pit excavation, the Contractor must coordinate with a subsurface utility engineering (SUE) firm such as “Soft Dig” to provide utility mark-outs.

Further, test pit activities must be coordinated with Con Edison point of contact John Ciallella (917/417-8421cell or 718/904-4535office). A Con Edison representative must be on site during all excavation activities. Further, a corrosion specialist from Con Edison will also inspect the exposed pipe for corrosion during test pit activities.

Test pit activities are anticipated to be conducted during normal business hours and will be completed within two (2) days, barring any unforeseen difficulties or mechanical breakdowns.

Lane closures are not expected for these activities.

If there are mechanical problems or weather delays the work will be completed the following day or as soon as possible. The goal is to accomplish all test pit activities within two

(2) days. If excavation activities are more difficult than anticipated, weather or mechanical problems arise, then work will resume the following day. The Contractor will be responsible for coordinating with Con Edison and the Westchester County DPW department. All field notes should be provided to the Contracting Officer Representative within 24 hours.

Precise horizontal and vertical location of the utilities will be obtained by the actual exposure and subsequent measurement. Minimally intrusive excavation equipment will be used to minimize the potential for utility damage. Precise horizontal and vertical positions, as well as other utility attributes will be shown on the final work product. Accuracy is typically set at 0.05' vertical, and to applicable horizontal survey standards. The investigation will include the following steps.

a. Sweep proposed conflicts with appropriate surface geophysics and perform necessary surveying procedures to "set-up" test holes.

b. Excavate test holes to expose the utility and appurtenant “thrust block” to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured. In performing such excavations, the Contractor shall comply with the applicable utility damage prevention laws and coordinate with Con Edison. Excavations will be performed using specially developed vacuum excavation and or appropriate equipment that are nondestructive to existing facilities. If contaminated oils are discovered during the excavation process, the Contractor will so notify the Contracting Officer Representative.

c. Investigate, evaluate, measure and record a) horizontal and vertical location of top and/or bottom of utility referenced to project datum, b) elevation of existing grade over utility at test hole referenced to project datum, c) outside diameter of utility and configuration of non-encased, multi-conduit systems. References to project datum shall maintain vertical tolerances to +/- .05'.

d. Furnish and install permanent markers directly above the centerline of utility structure and in each excavated test hole, record the elevation of the above ground marker.

e. Backfill around the exposed facility using gravel. Excavations will be backfilled and compacted in lifts. Compaction will be equivalent to conditions present prior to excavation.

f. Provide permanent restoration of pavement within limits of original cut. When test holes are excavated in areas other than roadway pavement, these disturbed areas shall be restored as nearly as reasonably possible to the condition that existed prior to excavation.

Test pits will be performed by the Contractor. Construction shall not commence prior to the Contracting Officer Representative's confirmation of the utility depth using the results of the test pit data. Should test pit data indicate that the project design must be modified, the contractor may submit a request for equitable adjustment for implementing the change. Proceeding with any constructible elements of the project by the contractor without authorization from the Contracting Officer Representative shall be the sole responsibility of the contractor. The following activities may be conducted during completion and review of test pit data and/or revision of the project design: clearing and grubbing, staging area preparation, guide rail removal and tree protection fencing."

F-Insert paragraph 49 in its entirety.

49. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to

(1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and roads;

(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; and

(5) the character of equipment and facilities needed preliminary to and during work performance.

The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

3-Section 03 31 00.00 10 Delete Section 03 31 00.00 10 in its entirely and replace in its entirety with Section 03 30 53

2) DRAWINGS:

1-Drawings have been amended and reissued GI001, GI002, GC001, GC002, CD101, CD105, C-

101, C-105, CG101, CG105, LP101, LP105, C-301

2. Drawing has been added CE502

3) QUESTIONS AND ANSWERS

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

This is for bidder’s reference only, and is not to be considered as a part of the Contract Documents. Contract award will be based on what is contained in the printed Plans and Specifications in a hard copy format or Electronic Bid Set if provided.

Question 1: Is there an approved quarry for the "toe stones" 5'x2'x3' imbricated stones? The spec does not give a list of sources for these stones. Can various non imbricated stones be used?

Corps Response: Non imbricated stone may NOT be substituted for the 2’x3’x5’ stone specified for the project. The imbricated stone specified has been sized for this project based on fluvial geomorphic analyses of the system. The engineering analyses for the Bronx River do not support the use of smaller rock sizes for the toe stones.

The following suppliers are possible sources for the boulder toe (this information does not limit the use of other potential suppliers):

Tilcon New York Inc.

Thomas Hurley 162 Old Mill Road West Nyack, NY 10994 (800)872-7762 Phone (845)818-3726 Fax thurley@tilconny.com

Eastern Concrete Materials, Inc.

Aggregates Division Gregg T. Wall

(201)741-4424 Mobile (888)913-7625 Phone

Question 2: Option 2 is that to include all work, stone head wall w/rip rap spill way, tree removal/protection snow fence at the highway, clearing grubbing and seeding and anything else I may have missed? Or just the clearing and grubbing and seeding?

Corps Response: Option 2 includes:

A- Invasive species removal within Freshwater Wetland Boundary areas only.

B-Clearing & grubbing within Freshwater Wetland Boundary areas only.

C-Temporary & Permanent Seeding, including Coir Fiber Matt Installation within Freshwater Wetland Boundary areas only.

D-Tree removal & protection snow fence within Freshwater Wetland Boundary areas only.

E-Waterfowl Enclosure Fence within Freshwater Wetland Boundary areas only.

Option 2 does not include:

A-Riprap outlet protection within Freshwater Wetland Boundary areas only.

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 14-Sep-2010 02:00 PM to 21-Sep-2010 02:00 PM.

CLIN 0002

This CLIN has been renumbered to CLIN 0004.

CLIN 0003

This CLIN has been renumbered to CLIN 0005.

CLIN 0004

This CLIN has been renumbered to CLIN 0006.

CLIN 0005

This CLIN has been renumbered to CLIN 0007.

CLIN 0006

This CLIN has been renumbered to CLIN 0008.

CLIN 0007

This CLIN has been renumbered to CLIN 0009.

The CLIN extended description has changed from Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs. to Westchester County Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs..

CLIN 0002 is added as follows:

0002 Lump Sum BASE - Underground Utilities

FFP

All work for costs associated for the protection of the existing underground utilities.

CLIN 0003 is added as follows:

0003 Lump Sum BASE - Test Pits

FFP

All work for costs associated for the test pits.

(End of Summary of Changes)