0026 RFP Amendment 0003.pdf

W81G6791567726

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

This amendment is to change: 1. SF 1442, Block 13A, proposal due date to 2 Nov 2009; 2. Section 00 10 50, Paragraph 1.1, p. 3; 3. Section 00 10 50, Paragraph 1.5, p. 4; 4. Section 00 10 50, Paragraph 1.6, p. 5; 5. Section 00 10 50, Paragraph 1.12, p. 6; 6. Section 00 83 00; 7.

Section 00 83 00, ATTACHMENT 1; 8. Section 01 00 00.00 13, Paragraph 3.1B, p. 6; 9. Section 01 11 00.00 13, Paragraph 1.8A, p. 7; 10.

Section 01 11 00.00 13, Paragraph 3.3A, p. 15; 11. Section 01 11 01.00 13, Paragraph 1.11.1, p. 8; 12. Section 01 11 01.00 13, Paragraph 1.11.2, p. 8; 13. Section 01 11 03.00 13, Paragraph 4.3A, p. 9; 14. Section 01 14 00.00 13; 15. Section 01 14 00.00 13, Paragraph 1.3.2, p. 2;

16. Section 01 14 00.00 13, Paragraph 1.3.6, p. 3; 17. Section 01 14 00.00 13, Paragraph 3.1, p. 3; 18. Section 01 45 04.00 13, Paragraph 3.1, p. 3; 19. Amendment 0002, under "NOTES". (See SF30 Continuation Page for Details)

1. CONTRACT ID CODE PAGE OF PAGES

J

FAR (48 CFR) 53.243

1 8

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

16C. DATE SIGNED

BY 21-Oct-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 W912ES-09-R-0026

X 9B. DATED (SEE ITEM 11)

15-Sep-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 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

21-Oct-2009

CODE

CONTRACTING DIVISION

USACE - ST. PAUL�

190 5TH STREET E

ST. PAUL MN 55101

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES-09-R-0026

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

LD3 Lower Embankment Improvements RFP Amendment 0003

1. SF 1442, Block 13A

- Change the proposal due date to 2 Nov 2009.

2. Section 00 10 50, Paragraph 1.1, p. 3

- Strike the following sentence from Paragraph 1.1:

“The Phase II Offerors have 45 calendar days for submittal of Phase II proposal requirements.”

- The second paragraph, as amended, shall read:

The United States Army Corps of Engineers, St. Paul District (Government) is issuing a Request for Proposals (RFP) for the Lock and Dam #3 Lower Embankment Improvements Project (Project) as Phase II of a two�phase design�build selection procedure. A two�phase procurement structure consists of a Phase I Request for Qualifications (RFQ) and a subsequent Phase II Request for Proposals (RFP). The Phase I RFQ was issued in July 2009 to identify a shortlist of qualified and capable Offerors. The Government has evaluated the RFQ responses and has shortlisted three (3) Offerors and invited the Offerors to submit technical/price proposals for the Project. The responses to the RFP will be evaluated by the Government to select the design�build contractor for the project.”

3. Section 00 10 50, Paragraph 1.5, p. 4

- Insert the following at the end of the third sentence in the second paragraph:

“that has a title starting with “RFP”. The first amendment to be acknowledged is “RFP Amendment 0001” dated September 30, 2009.”

- The second paragraph, as amended, shall read:

All amendments will be posted to the website through the Army Single Face to Industry website. It shall be the Offeror’s responsibility to check the website for any amendments.

The Offeror shall acknowledge any amendments on the SF 1442 or each SF 30; this requirement is necessary for each amendment that has a title starting with “RFP”. The first amendment to be acknowledged is “RFP Amendment 0001” dated September 30, 2009. The Offeror shall submit in its proposal all requested information specified in this solicitation.

There will be no public opening of the proposals received as a result of this solicitation.

4. Section 00 10 50, Paragraph 1.6, p. 5

- Change the last paragraph to read:

“Note: All questions and/or comments should reach the above referenced Contracting Office no later than October 23, 2009, in order that they may be given consideration or actions taken prior to receipt of offers.”

5. Section 00 10 50, Paragraph 1.12, p. 6

- Change the second paragraph to read:

“As stated on Standard Form SF 1442: Proposals will be received until 2:00PM local time on 2 November 2009 at:”

6. Section 00 83 00

- Add Attachment 7, with language added at the end of Section 00 83 00 to read as follows:

“ATTACHMENT 7 – OTHER INFORMATION, PART 2

Permit Conditions Anticipated Conditions – WDNR Permit and Water Quality Certification

As‐built Drawings M‐L3‐40/1

M‐L3‐40/3 M‐L3‐52/12 M‐P3‐52/001 M‐P3‐52/002 M‐P3‐52/003 M‐P3‐61/1.1 M‐P3‐61/2 M‐P3‐61/3.1”

7. Section 00 83 00, ATTACHMENT 1

- On Plate 10, change Note 4 to read as follows:

“Clear and grub 15’ from outside edge of construction features to Sta 120+48.95 and 50’ from Sta 120+48.95 to 122+97.”

- On Plate 10, add Note 7 to read as follows:

“Existing sandbags shall be removed.”

- On Plate 11, change Note 1 to read as follows:

“Existing sandbags shall be removed.”

- On Plates 10 and 11, change Note 2 to read as follows:

“The access trail shall transition from Spot Dike A to the lower embankment with a smooth transition and no dip.”

8. Section 01 00 00.00 13, Paragraph 3.1B, p. 6

- Strike the first sentence of Paragraph 3.1B

- Paragraph 3.1B, as amended, shall read:

“The Contractor shall designate and coordinate all disposal sites with the Contracting Officer.”

9. Section 01 11 00.00 13, Paragraph 1.8A, p. 7

- Add the following sentence after the first sentence of Paragraph 1.8A:

“No construction activities may take place until rights‐of‐way are secured, currently estimated to be 1 June 2010.”

- Paragraph 1.8A, as amended, shall read:

“The Contractor may begin construction on portions of the Work for which the Government has reviewed the final design submission and has determined satisfactory for purposes of beginning construction. No construction activities may take place until rights‐of‐way are secured, currently estimated to be 1 June 2010. The Contracting Officer will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design re‐submittal required when, in the opinion of the Contracting Officer, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.”

10. Section 01 11 00.00 13, Paragraph 3.3A, p. 15

- Paragraph 3.3A is amended to read as follows:

“The Government has applied for the following environmental permits and authorizations: 1) Wisconsin DNR Chapter 30 Permit and 2) Wisconsin Water Quality Certification. Copies of these permit applications are included in Section 00 83 00, Attachment 2. In addition, anticipated conditions for the Wisconsin DNR Chapter 30 Permit and Water Quality Certification are included in Section 00 83 00, Attachment 7. If the conditions included in the issued permit and water quality certification differ materially from those in the anticipated conditions in Section 00 83 00, Attachment 2, the Contractor may request an equitable adjustment in the contract price and schedule. Any such adjustment shall be computed in accordance with 52.243‐4 CHANGES (JUN 2007). The Contractor shall be responsible for complying with and implementing the terms, conditions and requirements of all applicable permits, regardless of whether they are obtained or held by the Contractor or the Government.

It shall be the responsibility of the Contractor to prepare any proposed permit amendments that may be necessary to address Contractor proposed or initiated variances from the Permit Applications or executed permits. The Contractor shall be responsible for complying with and implementing the terms, conditions and requirements of any permit amendments. No adjustment in contract price or contract time extensions will be granted as a result of permit amendments proposed or initiated by the Contractor. Any proposed permit amendment which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove any Contractor proposed permit amendment.”

11. Section 01 11 01.00 13, Paragraph 1.11.1, p. 8

- Add the following sentences at the end of the first paragraph of Paragraph 1.11.1:

“All ACM above elevation 667.0 (minimum river elevation) needs to be plantable since it could become exposed and there is a desire to have vegetation growing in exposed ACM. The Contractor shall plant the ACM above elevation 667.0 in accordance with Sections 31 00 01 SEEDING – DESIGN/BUILD and 31

00 02 PLANTINGS – DESIGN/BUILD.””

- The first paragraph of Paragraph 1.11.1, as amended, shall read:

“There are substantial changes from the GRR layout shown on the revised drawings (See Section 00 83 00 ATTACHMENTS). Another change from the GRR is that willows may not be planted in ACM. Plantings in ACM shall be limited to grasses and forbs. All ACM above elevation 667.0 (minimum river elevation) needs to be plantable since it could become exposed and there is a desire to have vegetation growing in exposed ACM. The Contractor shall plant the ACM above elevation 667.0 in accordance with Sections 31 00 01 SEEDING – DESIGN/BUILD and 31 00 02 PLANTINGS – DESIGN/BUILD.”

12. Section 01 11 01.00 13, Paragraph 1.11.2, p. 8

- Modify the last sentence of Paragraph 1.11.2 to read as follows:

“Excavations and backfill that will be placed below the natural groundwater need to be done in the "dry", unless the contractor's design demonstrates that material placement in the wet is appropriate and is in accordance with accepted engineering principles and applicable criteria for slope stability and seepage.”

13. Section 01 11 03.00 13, Paragraph 4.3A, p. 9

- Modify Paragraph 4.3A to read as follows:

“The Gantenbein Lake Spillway shall be designed to be more sinuous, as indicated on the enclosed Conceptual Drawings, and to generally follow the existing shoreline. The goal of the design is to provide more diverse main channel border aquatic habitat conditions. The sinuosity should be incorporated into construction in a manner that provides diversity through the continuum of typical seasonal river elevations, extending from the top of bank to an elevation of 661.0 feet which is at least 6 feet below the LCP elevation of 667.0 feet. Irregularity should occur at more‐or‐less random intervals along the length of the spillway to make the shoreline appear more natural, rather than occurring as either a single feature or features at regular intervals. Sinuosity shall not result in significant flow concentrations along the spillway.”

14. Section 01 14 00.00 13

- Add Paragraph 3.9, with language to read as follows:

“3.9 CONTROL OF MARSH AND GANTENBEIN LAKES

During construction, Marsh Lake may not be drawn down below elevation 673.0 to avoid having too much head across the spot dikes in the upper embankment. Gantenbein Lake may not be drawn down below elevation 673.7. The lake levels may drop below the above specified levels due to evaporation and seepage, but the contractor may not intentionally draw down the lakes below these levels.”

15. Section 01 14 00.00 13, Paragraph 1.3.2, p. 2

- Add the following sentence at the end of Paragraph 1.3.2:

“The Site Access/Maintenance Road and the Intermediate Embankment Road may be improved by grading and addition of gravel only as needed by the Contractor.”

- Paragraph 1.3.2, as amended, shall read:

“Construction of the lower embankments must be accessed from the water including removal of excess materials and supply of new materials. The designated water access points are shown on the concept drawings. Only light vehicles used for the transport of personnel may use the Site Access/Maintenance Road and the Intermediate Embankment Road. The Site Access/Maintenance Road and the Intermediate Embankment Road may be improved by grading and addition of gravel only as needed by the Contractor.”

16. Section 01 14 00.00 13, Paragraph 1.3.6, p. 3

- Add the following new paragraph:

“1.3.6 Staging Area shown on Conceptual Plates 4b and 5

The southern‐most boundary of the downstream staging area shown on Plates 4b and 5 of the Conceptual Drawings shall extend to the waterline. A 75' wide section of trees and vegetation shall be left undisturbed adjacent to the river. A 125’ maximum section may be cleared at one point along the river bank for barge access to the staging area. The location of the section to be cleared shall be submitted by the Contractor to the Government for approval prior to clearing. The remaining portion of the staging area may be cleared and graded only as needed by the Contractor. The staging area must be restored to pre‐disturbance grade and in accordance with Section 01 50 00 paragraph 3.9 RESTORATION and Sections 31 00 01 SEEDING – DESIGN/BUILD and 31 00 02 PLANTINGS – DESIGN/BUILD.”

17. Section 01 14 00.00 13, Paragraph 3.1, p. 3

- Paragraph 3.1 is amended to read as follows:

“3.1 Protection of Eagle Nests

Where an active eagle nest exists, the following applies:

a. No construction activity within 1/4 mile of an eagle nest March 1 to May 1.

b. After May 1, no construction activity within 1/8 mile of an eagle nest until the young eagles have fledged, as determined in subparagraph (c).

c. Corps, WDNR and USFWS biologists will survey the Lock and Dam 3 project area in early spring to locate actively used eagle nests. Corps, WDNR and USFWS biologists will determine when the young eagles have fledged and the nest is no longer occupied. This usually occurs by 1 June on the Upper Mississippi River. If the young eagles have fledged and the nest is no longer occupied, construction activity can resume without limitation due to eagle nests. The Contracting Officer will notify the Contractor in writing of any determination that an eagle nest is no longer occupied. Trees with eagle nests may not be damaged or removed by construction activity, except as approved in writing by the Contracting Officer.

3.1.1 Location of Eagle Nests

The Conceptual Drawings (Section 00 83 00, Attachment 1) indicate the location of eagle nests that have been sighted in recent surveys by the Government. The Conceptual Drawings also include lines delineating 1/8 mile and 1/4 mile distances from the sighted eagle nests. The eagle nests that are active change from year to year. The Corps, WDNR and USFWS will survey the construction area in the spring to identify any actively used eagle nests. If additional eagle nests are discovered prior to completion of construction and materially change the scheduling or methodology of accomplishing the contract, the Contractor may request an equitable adjustment in the contract price and schedule. Any such adjustment shall be computed in accordance with 52.243‐4 CHANGES (JUN 2007).”

18. Section 01 45 04.00 13, Paragraph 3.1, p. 3

- Change all references to “site project superintendent” to “CQC Systems Manager” in Paragraph 3.1.

- Paragraph 3.1, as amended, shall read:

“The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with Contract Clause 52.246‐12 Inspection of Construction. The quality control system shall consist of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements. The system shall cover all construction operations, both onsite and offsite, and shall be keyed to the proposed construction sequence. The CQC Systems Manager will be held responsible for the quality of work on the job and is subject to removal by the Contracting Officer for non‐compliance with the quality requirements specified in the contract. The site CQC Systems Manager in this context shall be the highest level manager responsible for the overall construction activities at the site, including quality and production. The CQC Systems Manager shall maintain a physical presence at the site at all times, except as otherwise acceptable to the Contracting Officer, and shall be responsible for all construction and construction related activities at the site.”

19. Amendment 0002, under "NOTES"

‐ Change Note 5 to read:

"5. The quarry requires that the Government must Purchase and supply this material to the contractor.

The Government will NOT be purchasing and supplying these materials."

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 30-Oct-2009 02:00 PM to 02-Nov-2009 02:00 PM.

(End of Summary of Changes)