Amendment_0002_14-R-0003_Roseau.pdf

W81G6740346704

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

This Amendment is to 1) change language in Section 31 62 16.16, paragraph 3.2.5.5; 2) change language in Section 33 46 16, Paragraph 1.2;

3) add reference draw ings; 4) add information regarding C-506 Detail 34; 5) to update w eather data for April and May in Clause 52.212-4003 and the Notes to Offerors (See continuation Page for details).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 13-May-2014

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-14-R-0003

X 9B. DATED (SEE ITEM 11)

17-Apr-2014

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 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

13-May-2014

CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES-14-R-0003

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

In Section 31 62 16.16, paragraph 3.2.5.5, delete the existing paragraph and replace with the following:

Any pile which is damaged because of internal defects or by improper handling or driving, or which is otherwise damaged by fault of the contactor so as to impair it for its intended use, or any pile driven out of proper location, shall be removed and replaced at the contractor’s expense. In accordance with FAR 52.246-12, Inspection of Construction, the contracting officer may require the contractor to pull certain piles after driving for inspection.

In Section 33 46 16, paragraph 1.2 SEQUENCING AND SCHEDULING, delete the existing paragraph and replace with the following:

The corrugated HDPE drain pipe, trench drain manholes and associated backfill shall be installed prior to excavation of the Diversion Channel. Contractor may install and operate sump pumps in the drainage structures (manholes) to aid in dewatering for excavation of the Diversion Channel. The contractor may install the additional drainage structure, ductile iron pipe and outlet head wall as shown on the Contract Drawings after Diversion Channel excavation has begun.

Reference Drawings Added to the Solicitation:

Drawings that show the existing trench drain outlets (C-105 and C-106 of the previous Reach 2B & 2C contract) have been attached for reference. The reference drawings provide only approximate outlet locations; the locations must be field verified.

Bidder Inquiry question 5628360 asked, “Page C-506 detail 34 shows a 24" max trench width, does this also apply to the top 5' common borrow? After reading spec 3.3.1.1.1 Sec 33.46.16 page 8; Is the CORPS anticipating the 8" HDPE to be installed with a trencher instead of an excavator?” In response to the Bidder Inquiry, the following information has been added regarding Page C-506 detail 34:

There is no maximum excavation width within the top 5 feet shown as Common Borrow. It is acceptable for the Contractor to widen beyond 24 inches in this area. The portion of the Trench Drain that is to be backfilled with Select Granular Borrow shall have a maximum width of 24 inches as shown on the detail.

An open trench dug and backfilled with a typical excavator would not meet the requirements in SECTION 33 46 16, paragraph 3.3.1.1.1.

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been modified:

NOTES TO OFFERORS

BID NOTES

1. The offerors' attention is directed to contract clause 52.212-4003 TIME EXTENSIONS FOR

UNUSUALLY SEVERE WEATHER. Please note the number of anticipated adverse weather days for each month. In particular, please note that this contract assumes that each and every potential work day in the months of October, November, December, January, February, March, April, and May will experience adverse weather and atmospheric conditions that will be unfavorable to construction activities and that the Contractor remains obligated to achieve the required completion date in light of that fact. By way of example, that means that the Contractor will not be entitled to any extension of time (or other compensation) for weather related delays to work scheduled for the months of October, November, December, January, February, or March.

The offeror's attention is also directed to contract clause 52.249-10 Default (Fixed-Price Construction).

Please note that the contract assigns certain performance risks relating to weather and climatic conditions to the Contractor and that the Contractor will not be entitled to a time extension, equitable adjustment in contract price, or other contractual relief as a result of encountering those conditions in the performance of the contract work. The payments made under this contract constitute compensation in full for all risk, cost, effort and expense by the contractor to maintain the required contract schedules in light of the risks which have been assigned to the contractor.

2. This solicitation is being issued as Request for Proposals (RFP). See Provision 52.215-4005, Preparation and Evaluation of Proposals (Construction), for information regarding proposal requirements.

3. All contractors must register with the System for Award Management (SAM) in order to receive a contract award. Both FAR and DFARS representations and certifications must be completed in SAM. If already registered, please make sure your registration is current. Contractors may register on line at www.sam.gov.

4. Facsimile or email of bids/proposals and facsimile or email of modifications thereto, will not be accepted.

5. This solicitation is 100% set-aside for small business concerns. See Clause 52.219-14 for information regarding the percentage of work that must be performed by the Prime Contractor.

6. All Quantities are estimated except where unit is given as "EA" (EACH) or "JB" (JOB).

7. The apparent low offeror may be asked to provide the following information before award is made:

a. Financial Statements, including balance sheets that identify major categories of assets, liabilities, and owner’s equity; and profit and loss statements for the past three (3) years, and

b. A Bank Certification of Financial Capability (line of credit).

This information will be treated as confidential. The financial statements should be not over 60 days old. If over 60 days old, and there has been no change, a certification must be attached stating that the financial condition of the firm is substantially the same. If over 60 days old and the financial condition of the firm has changed, a list of the changes that have taken place must be included with the certification.

8. All extensions of the unit prices shown will be subject to verification by the Government. In case of a discrepancy between the unit price and the extension, the unit price will govern. For further information reference clause 52.214-5000 entitled “Apparent Clerical Mistakes – EFARS” in Section 00 80 00.

9. The original bid/proposal and any modifications must be complete as to all the items on the respective schedule.

10. Unbalanced Offers. The Government may reject as any offer that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A offer is materially unbalanced when it is based on prices which are significantly less than cost for some work and prices which are overstated, in relation to cost, for other work. A materially unbalanced offer may be rejected if the Contracting Officer has a reasonable doubt as to whether the offer will result in the lowest overall cost to the government even though it may be the low evaluated offer. Additionally, an offer that is so unbalanced so as to be tantamount to an advance payment will be rejected even if acceptance of the offer would result in the lowest overall cost to the Government.

11. Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it not later than 10 days prior to the offer due date.

Inquiries must be submitted in writing. For all technical inquiries and questions related to this solicitation, this requirement shall be satisfied by submitting inquiries via “Bidder Inquiry” in ProjNet at http://www.projnet.org/projnet . To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register, go to the above web page, click the BID tab and select Bidder Inquiry, select agency USACE, enter the key number for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that the information on the next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry.

Those who submit an inquiry will receive an acknowledgement via e-mail followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912ES-14-R-0003

The Bidder Inquiry Key is: 6725W5-2KNGJZ

Offerors shall submit questions not later than 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Bidders/Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8:00 a.m. to 5:00 p.m. U. S.

Central Time Zone (Chicago). The telephone number for the call center is 800-428-HELP.

12. The addresses, phone numbers, and Internet address (if available) for references cited in these specifications are listed in the Unified Facilities Guide Specification (UFGS) 01 42 00 SOURCES FOR REFERENCE PUBLICATIONS. UFGS 01 42 00 is available under Publications on the TECHINFO page of the Corps of Engineers Huntsville District Internet site at:

http://www.hnc.usace.army.mil/Missions/Engineering/TECHINFO.aspx

13. Any forthcoming amendments will only be available on this website: www.fbo.gov. Given that e-mail message notifications may not be reliable, it is recommended that each registered firm check this web site periodically for updates.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

52.212-4003 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER 415-1-15

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSES: DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORKDAYS.

GEOGRAPHIC LOCATION – Roseau, Minnesota Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Days 31 28 31 31 31 7 6 6 6 31 30 31

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the CONTRACT CLAUSES: DEFAULT (FIXED-PRICE CONSTRUCTION).

(End of Summary of Changes)