W912DS-13-B-0031_Amendment_0003.pdf

W16ROE32135319

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:

a. Provide revised Bid Schedule.

b. Provide QUESTIONS AND ANSWERS for INFORMATION PURPOSES ONLY.

c. Provide Revisions to section 00800, Provide Revised and Reissue Sheets G-001, G-101, G-102, C-106, C-107, C-108, C-109, C-110, C-111, C-112, C-204, C-304, C-305. C-306, C-307, VE-101, VE-102 and Delete Sheet C-113.

d. The Bid Opening Due Date remains 24 September 2013 at 2:00 PM EST.

NOTE: Bidders must acknow ledge receipt of this amendment by the date specified in the bid (or as amended) by one of the follow ing methods: In the space provided on the SF 1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR 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

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

16C. DATE SIGNED

BY 18-Sep-2013

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-13-B-0031

X 9B. DATED (SEE ITEM 11)

23-Aug-2013

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

18-Sep-2013

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:

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W912DS-13-B-0031

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:

AMEDMENT 0003

AMENDMENT #0002

Revised Bid Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Bid

FFP

All work to construct bendway weirs, placement of additional fill and riprap revetment, and channel realignment involving excavating shoaling areas and channel bottom widening along Middle Brook, disposal of materials off site, and modification to an existing closure gate at East Street to add a block and tackle system, in accordance with the drawings and specifications, except for disposal of excess excavated shoal material and placement of imported fill material.

FOB: Destination

NET AMT

0002 1 EA

Base Bid

FFP

New Jersey Department of Environmental Protection (NJDEP), Somerset County, and Borough of Bound Brook Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

ESTIMATED

0003 1493 CY

Base Bid

FFP

All work to dispose of excess excavated shoal material.

0004 211 CY

Base Bid

FFP

All work to place imported fill material.

0005 1 Job OPTION Option 1

FFP

All work to construct erosion control along the upstream portion of the Segment U levee consisting of placement of additional fill and riprap revetment, and vegetation clearing in accordance with the plans and specifications.

0006 485 CY

OPTION Option 2

FFP

All work to dispose of excess excavated shoal material

0007 485 CY

OPTION Option 3

FFP

All work to place imported fill material

TOTAL AMOUNT

TOTAL BASE BID CLIN 0001 TO 0004 $_______________________

TOTAL OPTION BID CLIN 0005 THRU 0007 $_______________________

TOTAL BASE PLUS ALL OPTIONS CLIN 0001- 0007 $_______________________

Notes:

1. Low bidder for the purpose of award will be the conforming bidder offering the lowest amount for the Total Base Bid and Optional Bid Amounts for all items. The Government is under no obligation to award the Optional Items.

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

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

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

Any deviations, conditions, or attachments made by the bidder himself thereto may render the bid non-responsive and may be caused for its rejection.

5. Options may be exercised at the discretion of the government and are not mandatory. If exercised, Option #1, Bid Item 0005, shall be exercised within 120 calendar days from issuance of the Base Bid NTP. If exercised, an additional 60 days calendar days will be added to the contract and work shall be completed within 210 calendar days of the Base Bid NTP date. If exercised, Option #2, Bid Item 0006, and/or Option #3, Bid Item 0007, shall be exercised within 120 calendar days from issuance of the Base Bid NTP. No additional time shall be added to the contract duration for Options 2 or 3.

Amendment 0003

Drawings

1. The following changes are made to the plans:

a. Revise and reissue in their entirety: Sheets G-001, G-101, G-102, C-106, C-107, C-108, C-109, C-110, C-111, C-112, C-204, C-304, C-305. C-306, C-307, VE-101, VE-102

b. Delete Sheet C-113

Specifications:

2. The following changes are made to the specifications:

A. Section 00100, Bid Schedule. Revise and reissue in its entirety.

B. Section 00080, paragraph 1. Replace with the following:

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 work in the ready for use, not later than 150 calendar days for the work specified, after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises except in case the Contracting Officer determines that seeding is not feasible during the construction period (FAR 52.211-10). The Contractor shall accomplish such seeding in the first planting period as specified in Paragraph 3.1.1 of Section 32 92 19 following the contract completion date.

Options may be exercised at the discretion of the government and are not mandatory.

If exercised, Option #1, Bid Item 0005, shall be exercised within 120 calendar days from issuance of the Base Bid NTP. If exercised, an additional 60 days calendar days will be added to the contract and work shall be completed within 210 calendar days of the Base Bid NTP date. If exercised, Option #2, Bid Item 0006, and/or Option #3, Bid Item 0007, shall be exercised within 120 calendar days from issuance of the Base Bid NTP. No additional time shall be added to the contract duration for Options 2 or 3.

b. Location: The site of work is located in the Borough of Bound Brook, Somerset County, New Jersey.

c. The Contractor shall furnish all labor, materials, equipment and services (except those furnished by the Government) for the following:

Base Bid

- Construction of emergency streambank restoration measures including bendway weirs, stone revetment blanket, bedding material, shoal removal and placement of fill material along Middle Brook at the Segment U area in accordance with the palsn and specifications.

- Construction of a block and tackle system at the East Street closure gate of the Segment T area in accordance with the plans and specifications.

Option #1

- All work to construct erosion control along the upstream portion of the Segment

U levee consisting of placement of additional fill and riprap revetment, in addition to vegetation clearing along the entire Segment U area, in accordance with the plans and specifications.

Option #2

- All work to dispose of excess excavated shoal material in accordance with the plans and specifications.

Option #3

- All work to place imported fill material in accordance with the plans and specifications.

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.

e. Magnitude of Construction Project: The estimated value of the proposed work is between $1,000,000 and $5,000,000.

C. Section 00800, paragraph 11, Field Office, Equipment and Services, penultimate item. Revise as follows: Secure the trailer by a 6-foot high chain link fence. The secured area shall be able to accommodate 12 automobiles. Provide a lockable gate with the fence and security light in the trailer complex.

D. Section 32 93 00 is deleted in its entirety.

E. Revise and reissue the following: Section 31 00 00 and 35 41 00.

QUESTIONS AND ANSWERS for INFORMATION PURPOSES ONLY:

Question No. 1. Paragraph #1.2 of Section #31 00 00 states that the work will be performed in the stream, and that the water levels will vary greatly. However, none of the typical Bendway Weir Sections or the cross sections show the typical, or expected low and high water levels in Middle Brook. Even though the specifications state that the work will be performed in the stream, the lack of water level information on the cross sections makes it appear that the work will be performed "in the dry". The relationship of the water level information to the work is important for the bidding documents to clearly represent so that the bidders clearly understand how the water in Middle Brook will impact the Contractor's operations, and vice versa. Therefore, we request that the typical Bendway Weir Sections and the cross sections be re-issued with this important information provided on those drawings. Please clarify.

Answer No. 1: Sheet G-101 included in this amendment depicts rating curves which can be used to relate water level to the contract work. Note 6 on Sheet G-101 includes a link to the USGS Water Resources site for Middle Brook which provides actual historical discharges (USGS 01403200 Middle Brook at Bound Brook NJ) and corresponding stage.

Question No. 2. The Hydrodata information on drawing #G-101 provides a Rating Curve in the lower left hand corner of the drawing, and this chart indicates that the minimum water surface elevation at Zero CFS is at approximately Elevation 64. Yet, the cross sections on drawings #C-301 to C-303 indicate that the top elevation of the proposed rip-rapped revetment varies from Elevation 51 to 56 (+/-). The conclusion reached after cross-referencing the Rating Curve to the cross sections is that the top elevation of the rip rapped revetment will be, on average, approximately ten feet under the minimum water elevation shown on the Rating Curve for Middle Brook. Since the relationship of the work to the expected water level in Middle Brook is of significant importance to the bidders, please clarify the following: (a) is the Rating Curve correctly representing the water level in this reach of the Middle Brook; and, (b) is our interpretation of the Rating Curve correct?

Answer No. 2: (a) See Sheet G-101 included in this amendment. Rating curves are presented for two locations that correctly represent the water levels in this reach of Middle Brook: (1) at the point immediately downstream of the Rt. 22 Bridge and (2) at the location of the bendway weirs. At the location of the first bendway weir, Zero CFS is at approximately Elevation 49.

(b) It is necessary to relate the rating curves provided to the locations along Middle Brook where the riprap and bendway weirs are being constructed.

Question No. 3. Are temporary cofferdams expected and, or permissible for use in controlling the water during the performance of this contract work? If so, please clarify what types of materials are permissible for use in creating the temporary cofferdams. For example: are earthen cofferdams permissible, or would steel sheet piles be required?

Answer No. 3: Based on coordination with the Somerset-Union Soil Conservation District, temporary cofferdams are not advised and are not expected to be needed. Water level in stream is normally only about a foot deep. Based on past experience, higher water levels from storms normally subside in 6-12 hours. However, given that the selected contractor makes the formal submission of the Erosion and Sediment Control Plan to the Soil Conservation District, if he feels that cofferdams may be necessary, he could propose this for incorporation into the plan and submit it to the Soil Conservation District for review and certification.

Question No. 4. The Site Plan drawings #C-101 & C-102 indicate that Cobble Recovery is to be performed for a good portion of the project, and that this shoal material is to be used for fill material in Case #2. Yet, Cobble Recovery is not depicted in any of the Bendway Weir Sections or the cross sections. Based on the limited amount of information shown on the drawings for this work it is not possible to determine the volume of the recoverable shoal material. Therefore, the bidders cannot determine the cost of performing the Cobble Recovery work. In order to provide lump sum pricing for this work we request that the Cobble Recovery work be shown on the cross sections so that the bidders can estimate the volume and cost for performing this work.

Answer No. 4: Note 3 on Sheet C-001 states that cobble recovery operations will be performed to the lines and grades depicted on Sheets C-101, C-102, C-201, and C-301 through C-303. The cobble recovery area is shown on the site layout, and can be scaled off accordingly.

Question No. 5. With regard to the Cobble Recovery work and re-use of this shoal material as fill, please clarify how the bidders are to know whether or not this material will comply with the fill material requirements stipulated in Section 31 00 00. The cross sections indicate that the fill material shall be either Cobbles or Imported Fill. Since the bidders are to provide a Lump Sum price for this work, please clarify if the bidders are to assume for bidding purposes that 100% of the shoal material will be suitable as fill material.

Answer No. 5: See Section 31 00 00, paragraph 3.5 and Bid Schedule included in this amendment. It is assumed that approximately 40% of the shoal materials will be able to be reused as fill adjacent to the floodwall, with the remainder disposed of off-site

Question No. 6. Since this is a lump sum bid proposal, please clarify how the Bidders are to determine how much imported fill material will be required when the volume of re-usable Cobbles is unknown.

Answer No. 6: See Section 31 00 00, paragraph 3.5 and Bid Schedule included in this amendment. It is assumed that approximately 40% of the shoal materials will be able to be reused as fill adjacent to the floodwall, with the remainder disposed of off-site

Question No. 7. Much of the rip-rapped revetment appears to require excavation into the existing streambed. Please clarify if this excavated material can be used for the on-site fills.

Answer No. 7: See Section 31 00 00, paragraph 3.5 and Bid Schedule included in this amendment. If the excavated material meets the requirements in the specifications, it can be reused. It is assumed that the materials excavated below the waterline will be disposed of off-site, and that 100% of the materials excavated from the levee to install revetment and bedding can be reused.

Question No.8. The contract documents require the Contractor to dispose of all surplus excavated material off of the site. For bidding purposes, please clarify that the bidders are to assume that the site is free of contaminants, and that all surplus excavated material will be "clean".

Answer No. 8: Yes, site is assumed to be free of contaminants.

Question No. 9. The Site Plan drawings #C-101 & C-102 show a dashed line indicating the work limits. Based on this information is it correct that the only access to the work area is the narrow piece of land that is located near Station 0+00, and that all trucking access will be through the existing Barrier Gate that is to be replaced with a temporary security gate?

Answer No. 9: Yes.

Question No. 10. Please clarify if and where any temporary construction easements are to be provided for this contract.

Answer No. 10: Yes, temporary easements are being provided. The designated work limits shown on the plans reflect the permanent and temporary easements.

Question No. 11. The site plan drawings #C-101 & C-102 do not indicate any existing site features on the right bank side of the Middle Brook along the length of the project limits. Is this side of the channel available for the Contractor's use? Please clarify if the Contractor is permitted to access the work areas from the right bank of the proposed channel.

Answer No. 11: All access and work must be within the designated work limits shown on the plans. See Specification Section 01 57 19.00 20, paragraph 3.2, regarding protection of existing trees on right bank.

Question No. 12. Amendment #1, Page #5 of 8 states that Section 00010, Bid Schedule was revised and re-issued with Amendment #1. However, when we downloaded Amendment #1 from Fed Biz Ops we did not find a revised Section 00010, Bid Schedule included with Amendment #1. Please clarify.

Answer No. 12: The Bid Schedule revised as part of Amendment 1 is included in file on FBO site labeled: W912DS-13-B-0031_Amendment_0001.pdf. Note that the Bid Schedule was subsequently further revised in Amendment 3.

Question No. 13. Amendment #1 provides a revised cover sheet, drawing #G-001 that indicates that all of the new drawings (Sheet #28 to Sheet #44) issued with Amendment #1 are for Option #1. However, this does not appear to be the case. For example, Sheet #32 (C-110) is labeled in the lower left corner as "Option #1" but it shows tree clearing limits for an area that we cannot identify. Sheets #33 (C-111) and Sheet #34 (C-112) are confusing because those two drawings provide tree clearing information for an area that is upstream of the Base Bid Work Area and for areas that are within the work area of the Base Bid.

Therefore, as a bidder trying to develop Lump Sum pricing for the Base Bid and Option #1, it is very difficult to interpret the intent and purpose of these new drawings. The ambiguity of these new drawings is another reason why the bidders need to be provided with a bid postponement that would provide sufficient time to develop firm pricing for this work.

Please clarify.

Answer No. 13: Option 1 includes emergency streambank erosion control along the upper area of Segment U as well as vegetation clearing. The vegetation clearing in Option 1 overlaps the area of the basic bendway weir work and upstream of it. As part of Amendment #3, G-102 has been updated to include area of emergency streambank restoration work under Option #1. A note was added that the vegetation clearing, as part of Option #1, covers the entirety of the Segment U contract, as shown on the plans C-110 to C-112. After due consideration of the amended plans, the bid opening date is unchanged.

Question No. 14. In order to provide a better understanding of the location of the Option #1 Work Area relative to the Base Bid Work Area, please re-issue a revised drawing #G-102 that shows the location of the Option #1 Work Area on that General Project Plan drawing.

Answer No. 14: As part of Amendment #3, G-102 has been updated to include area of work under Option #1. A note was added that the vegetation clearing, as part of Option #1, covers the entirety of the Segment U contract, as shown on the plans C-110 to C-112.

Question No. 15. Please clarify how the Contractor is to gain access to the Option #1 Work Areas that are shown on drawings #C-106 $ C-107.

Answer No. 15: Access to the Option #1 Work Area will be through the existing vehicle barrier gate and over the levee within the construction working limits.

Question No. 16. Amendment #1 provides drawing #C-113 - Replanting Plan. Note #1 on this drawing states that the Contractor shall transplant up to a maximum of 15 trees as identified by the Contracting Officer. This statement implies that Contractor will be removing existing/native trees from the work area, storing them temporarily, and then replanting those trees in the Replanting Area shown on this drawing. Since the size (caliper) and type of the transplanted trees has a large influence on the cost of successfully performing this work, please specify what the bidders are to assume for the pricing of this work in their Lump Sum bid amount for Option #1.

Answer No. 16: Sheet C-113 and transplanting requirement has been deleted from the contract per this amendment.

Question No. 17. With regard to the transplanting work mentioned above for Option #1, please clarify if there is room at the site of Option #1 for the Contractor to create a temporary nursery to store the 15 trees that are to be removed, stored and transplanted.

Answer No. 17: Transplanting has been deleted from the contract per this amendment.

Question No. 18. With regard to the transplanting of the existing trees, please clarify whether not the one year guarantee will apply to the survival of the transplanted trees.

Answer No. 18: Transplanting has been deleted from the contract per this amendment.

Question No. 19. Considering the inherent difficulties of trying to successfully remove, store and transplant native species from the site, we recommend that this part of the scope be revised to include the purchase and installation of new trees and shrubs that will have a high chance of survival.

Answer No. 19: Transplanting has been deleted from the contract per this amendment.

Question No. 20. In order to determine the cost to perform the Base Bid landscape restoration work, please clarify the intent of Planting Plan drawings #L-101 & L-102, which indicate that only a very narrow strip near the top of the rip-rapped revetment is to be planted with the Floodplain Seed Mix. If that long narrow strip is the only area to be restored with the Floodplain Mix, please clarify if any other type of site restoration is required for the rest of the work areas that will be heavily disturbed by the construction operations and activities from the project. For example, will the Contractor be required to respread topsoil and apply the Floodplain Seed Mix to all upland work areas that are disturbed by the work and not covered with the rip rap?

Answer No. 20: The area that is referred to as 'long narrow strip' is the area to be filled behind the rip-rap. After this area is filled, it shall be seeded as noted on the plans. In addition to this, any area damaged by the contractor shall be repaired to its pre-construction Condition as necessary.

Question No. 21. Drawings #C-502 & C-503 provide typical security fence and gate details but the height of the fence and gates is not provided. Please provide this missing information.

Answer No. 21: See Specification Section 01 50 00, para 2.2.2 for fence height.

Question No. 22. Other than the temporary replacement of the existing Vehicle Barrier Gate with a temporary security gate shown on drawing #C-101, please clarify whether or not there is any fence work to be performed under the Base Bid or Option #1 of this contract.

Answer No. 22: Yes, see Section 00800, paragraph 11 and Section 01 50 00, paragraph 2.2 for fence requirements.

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