W912P521B0010 A0002 Middlesboro Channel Clearing.pdf

W38XDD93024650

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

1) Provide revised bid opening instruction (highlighted) in Section 00 21 00 - Instructions to Bidders.

2) Provide Government answ ers to contractor questions.

3) Revise 252.236-7001 Contract Draw ings and Specif ications.

4) Attach revised Plans and Specs as separate documents (Middlesboro Channel Clearing RTA (Amendment 002) TPlans.pdf, W912P521B0010 TSpecs Amendment 002.pdf).

5) FAR 52.232-5 Payments under Fixed-Price Construction Contracts is expanded to full text.

6) FAR 52.232-27 Prompt Payment for Construction Payments is expanded to full text.

7) Attach Water Quality Certif ication and Permit (Updated Final MiddlesboroWQC_2020-040-1M2 .pdf,Updated Final Yellow Creek Stream ConstructionPermit 29757.pdf) as separate documents..

8) FAR 52.252-3 Alterations in Solicitation has been revised.

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.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

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

16C. DATE SIGNED

BY 27-Aug-2021

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 W912P521B0010

X 9B. DATED (SEE ITEM 11)

20-Jul-2021

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.)

PROJECT: Middlesboro Channel Clearing

PURPOSE: The purpose of this amendment is to:

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Aug-2021

CODE

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A680

NASHVILLE TN 37203

W912P5 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P521B0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1.0 GENERAL REQUIREMENTS

1.1 Intent: The intent of this solicitation is to award one (1) Firm Fixed-Price Contract for Channel Clearing at Middlesboro, Bell County, KY.

1.2 Disclosure of Magnitude of Construction Project: The estimated magnitude of the base contract for this requirement is between $1,000,000 and $5,000,000.

1.3 Basis of Selection of Award: Award shall be made to the lowest priced bidder who is determined to be responsive and responsible. See Federal Acquisition Regulation (FAR) 52.214-19, Contract Award- Sealed Bidding Construction, for more information.

Pursuant to FAR 52.217-5, Evaluation of Options, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). All options will be exercised at the discretion of the Government.

The Government reserves the right to exercise the options out of numerical order.

1.4 Type of Contract: Type of Contract: The Government intends to award one (1) firm-fixed price construction contract.

1.5 Who May Submit: This procurement is a 100% Small Business Set-aside.

1.6 North American Industry Classification System (NAICS) Code and Size Standard: The NAICS code for this project is 237990, Other Heavy and Civil Engineering Construction with a size standard of $39.5 Million.

1.7 Specifications and Drawings: Specifications and Drawings will be provided as separate files and will be available on Beta SAM. See the complete drawings and specification package located at http://sam.gov. The Specifications and Drawings are part of the solicitation/contract and shall be considered in that respect (see Defense Federal Acquisition Regulation Supplement (see DFARS) 252.236-7001, Contract Drawings and Specifications).

1.8 Pre-Bid Site Visit: An organized site visit has been scheduled to occur during the solicitation period at 1000 Eastern Time on Tuesday, July 27th, 2021. Bidders should inspect the job site prior to submitting a bid. Bidders should take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for properly estimating the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, agents or employees, unless included in the solicitation, the specifications or related documents.

Please refer to FAR 52.236-27 Alt I, Site Visit (Construction) incorporated by full text in this solicitation, for information pertaining to the scheduled site visit.

A mandatory site specific hazard training will be conducted the first hour (10:00 AM Eastern Time) of the site visit. Safety boots and hard hat are required to attend site visit.

http://sam.gov/

The physical address where the onsite hazard training will be given is at:

34 Apollo Fuels Rd.

Middlesboro, KY 40965

It is located off Winchester Avenue, on the left across from the haul road entrance. Taking a car onsite to the disposal area is not advised.

POC for site visit is Scott Mullins, he can be reached at 606-872-3216 the morning of the site visit.

REGISTRATION: Only registered persons will be permitted to attend the site visit. In addition to the information below, please also provide your firm’s name, firm’s CAGE and/or Unique Entity Identifier (known as DUNS) number, and name and position title of primary point-of-contact and their telephone number and email address.

Please provide this information to Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil.

Contractors and/or potential contractors wishing to attend a pre-bid meeting held at or in LRN restricted/controlled areas (such as a Power Plant or Navigation Lock) shall submit a Nashville District (LRN) Security Access Form to the Contract Specialist five (5) business days prior to the site visit or meeting. If submitting the document in less than five business days, the bidder may not receive approval for participation. The Contract Specialist will notify the Contractor if the request is approved or denied. Any pre-bid meeting which will cover anything other than public domain information shall be limited to U.S. Citizens, except under unique circumstances.

U.S. CITIZENS: The bidder shall submit a Nashville District Corps of Engineers U.S. Citizen Pre-Bid and/or Site Visit Request Form to the LRN Point of Contact, Contract Specialist, Cierra Mendoza, no later than five (5) business days prior to the site visit. If submitting the document in less than five business (5) days, the bidder may not receive approval for participation. The LRN POC will notify the individual(s) if the request is approved or denied. The Security Access Form and guidance is available as a pdf attachment on http://sam.gov with this solicitation and is titled Pre-Bid Meeting and/or Site Visit Request Form.

FOREIGN NATIONALS (FNs): All non-U.S. Citizens, including permanent residents wishing to attend the site visit must be approved in advance. FNs wishing to attend a site visit shall submit a completed Nashville District Corps of Engineers Foreign National Pre-Bid Meeting Request Form and legible color copies of two (2) of the following documents: Passport (unexpired or expired), Certificate of U.S. Citizenship (INS Form N-560 04 N-561), Certificate of Naturalization (INS Form N-550 or N-570), unexpired foreign Passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization, an Alien Registration Receipt Card with photo (INS Form I-151 or I-551), unexpired Temporary Resident Card (INS Form I-688), unexpired Employment Authorization Card (INS Form I- 688A), unexpired Reentry Permit (INS Form I-327), unexpired Refugee Travel Document (INS Form I-571), or unexpired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN Point of Contact, Contract Specialist Debra Barlow. These documents must be submitted two (2) weeks prior to the site visit. FN requests require approval at the Headquarters U.S. Army Corps of Engineers (HQUSACE) level. Exceptions will be considered on a case by case basis but will be limited.

The form is available as a pdf attachment on www.fbo.gov with this solicitation and is titled Foreign National Pre- Bid Meeting Request Form.

POINT OF CONTACT: For questions and /or concerns regarding the site visit, please contact Contract Specialist Cierra Mendoza via email at the address referenced above.

This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions.

1.9 POINT OF CONTACT FOR COMMUNICATION/QUESTIONS: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, and telephone number to include area code. Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be scheduled. Questions regarding the solicitation must be submitted to Cierra mailto:Cierra.R.Mendoza@usace.army.mil http://sam.gov/ http://www.fbo.gov/ mailto:Cierra.R.Mendoza@usace.army.mil

Mendoza via email at Cierra.R.Mendoza@usace.army.mil no later than Tuesday, August 3, 2021 at 10:00 AM Central Time.

1.10 Amendments Prior to Date Set for Closing of IFB. The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for submission of bid. Such revisions and amendments, if any will be announced by an amendment or amendments to this IFB. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidder to revise their bid. In such cases, the amendment will include an announcement of the new date for receipt of bid.

1.11 NOTICE TO BIDDER: Use of Class I Ozone-Depleting Substances

a. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

b. To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements. This requirement has no relationship to ODSs.

c. If the bidder possesses any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, the bidder should provide any information as soon as possible after release of this IFB and prior to the submission of bids to t he extent practicable. It should be understood that there is no obligation on the bidder to comply with the request and that no compensation can be provided for doing so.

d. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

1.12 DETERMINATION OF RESPONSIBILITY.

a. To ensure award is made to a responsible bidder, a determination of responsibility will be conducted. As part of this responsibility determination, the Contracting Officer will utilize the guidance contained in FAR Subpart 9.1, Responsible Prospective Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must:

(1) Have adequate financial resources to perform the contract, or the ability to obtain them;

(2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(3) Have a satisfactory performance record, similar in scope and magnitude of that stated in the contract requirement;

(4) Have a satisfactory record of integrity and business ethics;

(5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

(6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2.0 WHAT, HOW, AND WHERE TO SUBMIT BID

2.1 The following documents must be submitted with your IFB in original and one (1) copy:

(1) SF 1442, Solicitation, Offer and Award

a. Should include:

i. Unique Entity Identifier (formerly known as DUNS)

ii. CAGE number

iii. Tax Payer ID number

(2) Solicitation amendments acknowledged, if applicable

(3) Bid Schedule

(4) Bid Guarantee (see FAR 52.228-1)

(5) Representations and Certifications, unless you are currently registered in SAM.

2.2 Offerors shall submit their bids no later than the time and date specified in Block 9 of SF 33 of this solicitation as follows:

The Offeror’s bid shall be submitted electronically, as described below. The IFB will provide bid submission instructions and receipt date for bid submittal. The Offeror’s bid shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND

CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s bid must be received by the Government by the date/time specified in the solicitation. Offerors shall submit their bids using the following link:

https://safe.apps.mil/

Please send bids using the link above to Contract Specialist Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil AND to Contracting Officer JW Purcell at James.W.Purcell@usace.army.mil.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site.

Submission shall be in Adobe PDF format. You are limited to twenty-five (25) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

https://safe.apps.mil/ mailto:James.W.Purcell@usace.army.mil

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil. AND Contracting Officer JW Purcell at James.W.Purcell@usace.army.mil no later than five (5) business days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email or request a code five (5) business days before proposal submission date may not be able to receive a request code in time to upload their submission. THIS MUST BE DONE FOR

THIS PROCUREMENT.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description. Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email addresses for all recipients. For this solicitation, the recipients are the Contract Specialist, Cierra Mendoza via email at Cierra.R.Mendoza@usace.army.mil and the Contracting Officer JW Purcell at James.W.Purcell@usace.army.mil. The e-mail address of the Government Employee who initiated the request code will be automatically entered. The Offeror must enter the email address for both the Contracting Officer and Contract Specialist. The Offeror can enter an additional email address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the Government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. An Offeror can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS: For the purpose of establishing whether a bid submission is considered timely, the Government will consider the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 8GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

2.3 PUBLIC OPENING OF BIDS: Bids will be publicly opened at the time set for opening in Block 13 of the SF1442 via video conference presentation that shall be held on Wednesday, September 8, 2021 at 11:00 AM Central Time. This information can be accessed on this date and time by using call-in information provided below.

mailto:Cierra.R.Mendoza@usace.army.mil mailto:James.W.Purcell@usace.army.mil

The teleconference information is as follows:

Meeting Information Meeting link:

https://usace1.webex.com/usace1/j.php?MTID=m1e62178a434e4727ed5058f872f0faeb Meeting number:

199 319 2940 Password: rhJJnpc2@39 More ways to join Join by video system

Dial 1993192940@usace1.webex.com You can also dial 207.182.190.20 and enter your meeting number.

Join by phone +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 199 319 2940

3.0 INSURANCE/BONDS:

3.1 BID BOND (SF-24). All bidders are required to submit bid bonds with their proposal. In accordance with FAR 52.228-1, Bid Guarantee, the bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3,000,000.00.

3.2 INSURANCE. Contractor shall carry Liability and Insurance. See FAR 52.228-5, Insurance – Work on a Government Installation.

3.3 The bidder whose bid is accepted will be required to comply with the following within the time established in the invitation for bid:

a . PERFORMANCE BONDS (SF 25-A). Pursuant to FAR 52.228-15, Performance and Payment Bonds—Construction, the penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received on a SF 25A within ten (10) calendar days after receipt of contract award. The SF 25A can be found at the GSA Forms Library at https://www.gsa.gov/forms

b. PAYMENT BONDS (SF 25). Pursuant to FAR 52.228-15, Performance and Payment Bonds— Construction, the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received on a SF 25 within ten (10) calendar days after receipt of award. The SF 25 can be found at the GSA Forms Library at https://www.gsa.gov/forms.

4.0 SYSTEM FOR AWARD MANAGEMENT (SAM) AND ANNUAL REPRESENTATIONS AND

CERTIFICATIONS

In accordance with FAR 52.204-7, System for Award Management, registration is required in the System for Award Management (SAM) database located at www.sam.gov. More specifically, "An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation." (See FAR 52.204-7(b)(1)).

For SAM Customer Service, contact:

Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) U.S. Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

IMPORTANT NOTICE: Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM.

Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS).

The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM.

To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

5.0 BIDDERS CHECKLIST

All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper bid. The Government shall not be responsible for items not described below. It is not required to be return with your bid.

[ ] Is your bid guarantee in the proper form?

[ ] If signing on behalf of your company, have you attached evidence of your authority to sign the bid?

[ ] Have you acknowledged all amendments? Have you submitted your bid on the latest amended bid schedule?

[ ] Is the name in which you submitted your bid the same as on the bid bond?

[ ] Have you entered a unit price for each bid item?

[ ] Have you checked your bid for possible errors? Arithmetically?

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] The Government may reject a bid as nonresponsive if it is materially and mathematically unbalanced as to price for any bid item or combination of items. A bid is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

[ ] Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct solicitation number and bid opening time? See FAR 52.214-5, Submission of Bids.

[ ] Will your bid arrive on time? See FAR 52.214-7, Late Submissions, Modifications, and Withdrawals of Bids.

[ ] Have you furnished all information required by the invitation for bids solicitation and/or the specifications?

6.0 CONTRACTOR FEEDBACK

Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) website at:

http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110824&site_id=856&service_category_id=14

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Amendment 0001

PURPOSE: The purpose of this amendment is to:

Extend the bid due date to Wednesday, September 8, 2021 at 11:00 AM CT. Contractor questions with Government answers and resolution of disposal area permit are pending and will be set forth in a following amendment.

Amendment 0002

PURPOSE: The purpose of this amendment is to:

1) Provide revised bid opening instruction (highlighted) in Section 00 21 00 - Instructions to Bidders.

2) Provide Government answers to contractor questions.

3) Revise 252.236-7001 Contract Drawings and Specifications.

4) Attach revised Plans and Specs as separate documents (Middlesboro Channel Clearing RTA (Amendment 002) TPlans.pdf, W912P521B0010 TSpecs Amendment 002.pdf).

5) FAR 52.232-5 Payments under Fixed-Price Construction Contracts is expanded to full text.

6) FAR 52.232-27 Prompt Payment for Construction Payments is expanded to full text.

7) Attach Water Quality Certification and Permit (Updated Final MiddlesboroWQC_2020-040-1M2 .pdf, Updated Final Yellow Creek Stream ConstructionPermit 29757.pdf) as separate documents.

(End of Provision)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by full text:

Q&A W912P521B0010 - Middlesboro Channel Clearing – Contractor Questions and Government Answers

1. Contractor question: Has a bat survey been completed? If so, can trees be felled anytime if no bats are present?

Government answer: As outlined in Specification Section 01 57 19 Temporary Environmental Controls, paragraph 1.7 Special Environmental Requirements, all tree clearing shall occur between November 15 and March 31 unless granted a waiver, in writing, by the Contracting Officer in accordance with requirements set forth from Kentucky Department of Fish and Wildlife Resources.

This timeframe is necessary to prevent disturbing potential maternity colonies of endangered Indiana Bats or threatened Northern Long-Eared Bats. Consultation with the US Fish and Wildlife Service (USFWS) to determine the presence of bat habitat has already been completed and is not required by the contractor.

http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110824&site_id=856&service_category_id=14

2. Contractor question: Are air curtains, pile burning, and / or tub grinding permitted for burning? Can the

Contractor burn vegetated material on-site or does it have to be done at another location?

Government answer: If vegetated material is burned on site it must be outside the stream channel using an incinerator curtain burner as outlined in Specification Section 31 11 00 Clearing, Grubbing, and Disposal, Paragraph 3.4.2.1 Incinerator Usage. This paragraph also states that residual material from incineration must be hauled to the designated burn site, and disposal requirements are identical as outlined in the same Specification above (Section 31 11 00 Clearing, Grubbing, and Disposal, Paragraph 3.4.2.1 Incinerator Usage). As outlined in Specification Section 31 11 00, Paragraph 3.4.1 Clearing and Grubbing, cleared and grubbed material shall not be left within the channel floodway or the channel clearing work limits for more than five (5) days before being transported to the designated burn site.

Vegetated material hauled to the burn site can be burned using an incinerator curtain burner or pile burned. Specification Section 01 57 19 Temporary Environmental Controls, Paragraph 3.5.2 Burning, provides burn permit requirements for burning natural woody material. Contact information for the Kentucky Division of Air Quality is located in Specification Section 3.14.3. Note that if burning occurs within 150 feet of any woodland or brushland area, the Kentucky Division of Air Quality has fire hazard season restrictions allowing burning only in the evening hours between 6 pm and 6 am if burning occurs between the dates of October 1 and December 15 or between the dates of February 15 and April 30.

3. Contractor question: Will USACE flag clearing limits prior to operations?

Government answer: No; Paragraph 3.2 of Specification Section 31 11 00 specifies that the clearing limits overlap with the excavation limits (shown on Sheet C-201 with the work limits) or are otherwise specified in detail in that paragraph. Limits for herbicide spraying, mowing, and vine removal are also specified in this section and in paragraph 3.1.1 of Specification Section 32 92 19.

4. Contractor question: What burning regulations apply to the work?

Government answer: Per Kentucky Division of Environmental Protection, burning must conform with regulation 401 KAR 63:005. Legal open burning includes land management (natural growth from land clearing). Reference the Government’s response to Question 2 for additional information.

Open burning in Bell County is not restricted under the Kentucky Ozone Season Restrictions.

In addition to forest fire hazard seasons and outdoor burning regulations enforced by the Kentucky Division of Forestry (KDF), the Kentucky Division for Air Quality and the Kentucky Division of Waste Management, further restrictions may be initiated at the local level through county burn bans and local ordinances. County burn bans are issued by the county judge/executive and are enforced with assistance from local law enforcement. County Judge-Executives can issue local burn bans under KRS 149.401.

Contacts for further information include:

Division of Forestry 502-564-4496 Division of Waste Management 502-564-6716 Division of Air Quality 502-564-3999

5. Contractor question: Can a Synthetex Articulating Block Fabric Formed Concrete as an equal to Articulated Concrete Block for this project be used? This should be a much cheaper and easier option to install.

Government answer: Section 35 31 19.20 ARTICULATING CONCRETE BLOCK REVETMENTS and Sheets C-401 and C-402 have been revised to allow for Synthetex AB600LL and AB800LL block as an acceptable alternative.

6. Contractor question: Please refer to Bid Drawing C-330, General Note 5. Temporary stockpiling shall not occur within floodway limits shown on this plan. Due to the graphic constraints of this drawing, it is difficult to determine the boundaries of the floodway limits. Would the design engineer be able to illustrate the floodway limits on the plan drawings (Sheet C-210 to C-217) and section drawings (Sheets C-310 to C-

320) for clarity?

Government answer: The floodway limits are now illustrated on the referenced sheets.

7. Contractor question: Please confirm that the baseline illustrated on the plan drawings (Sheet C-210 to C-

217) and section drawings (Sheets C-310 to C-320) is considered the center of the levee.

Government answer: The baseline illustrated is considered the center of the levee, generally, but near Station 75+00, the baseline has to diverge from the levee when the levee and channel are no longer parallel each other. Baseline coordinates are provided on Sheet C-200 under table “Channel Clearing Baseline.” Furthermore, there are silt range monuments on the levee. These monuments are listed in the table labeled “Silt Range Monuments” and include an offset from baseline/center of levee. These can be used as a verification/check on the baseline.

8. Contractor question: If available, please provide section detail of as-built data for the levee construction.

Government answer: Section detail of as-built is not provided, but per the Government’s response to Question 9, cross section drawings have been updated to show the streamside extent of levee, defining where protection or special remediation for damages sustained (i.e. engineered fill) would be required.

9. Contractor question: Would the design engineer be able to illustrate the toe of the levee (or the levee boundary) on the plan drawings (Sheet C-210 to C-217) and section drawings (Sheets C-310 to C-320)?

Government answer: The levee toe is now illustrated on the referenced sheets.

10. Contractor question: If available from design engineer, please provide cubic yard measurements for excavated material per the identified excavated bench, and bank cuts on the plan drawings (Sheet C-210 to C-217) and section drawings (Sheets C-310 to C-320).

Government answer: Bid as shown in the drawings.

11. Contractor question: Please confirm that it is acceptable to clear all timber within the work limit boundaries.

Government answer: Contractor should not clear timber outside the areas specified in paragraph 3.2 of Specification Section 31 11 00. Otherwise, clearing within the work limits of the project should be minimized in the areas that are needed for traffic or other construction activity.

12. Contractor question: Please refer to Stream Crossing detail on drawing C-401. Would contractor be capable of utilizing the existing stone within the stream benches in place of the Machined RIPRAP Class A1 that is specified on the detail? Likewise, is the contractor able to use existing stone for the 6” mineral aggregate cover as illustrated by the detail? Following construction, stream-crossing materials would then be removed and hauled to disposal area.

Government answer: Please reference drawing C-401. Existing stone could be used but must be cleaned and filtered to remove any material not equivalent to Class A1 Riprap to ensure stability of crossings and minimize turbidity. The same holds true for the 6” mineral aggregate. Any rock used shall be clean and free of fine silt, sandy, gravel, or clay material. This will require a dedicated processing/lay down area with its own silt control measures.

13. Contractor question: Please refer to Section 01 32 01 Page 18, paragraph 3.19 Primavera P6 Mandatory Requirements. Item e. “Time Period Admin Preferences must remain the default 8.0 hr/day, 40 hr/week.”

Please define acceptable work hours for the contractor? Is contractor able to work 6 days a week, 10 hours per day?

Government answer: The P6 admin preferences in Specification Section 01 32 01, paragraph 3.19.e.

ensure the software calculates the schedule data properly. For acceptable work hours, see Specification Section 01 00 00, paragraph 1.2.2.

14. Contractor question: How do Contractors capture initial versus final survey, namely what material is brought up to the mine?

Government answer: Contractor shall reference Specification Section 01 11 00, paragraph 3.3 Contractor Surveys and Price and Payment Procedures in Specification 01 20 00.

15. Contractor question: What is the pay quantity broken up into (by section, monthly)?

Government answer: See Federal Acquisition Regulation (FAR) clauses 52.232-27 Prompt Payment for Construction Payments and 52.232-5 Payments under Fixed-Price Construction Contracts in the revised Solicitation documents. Also, reference Specification Section 01 11 00, subparagraph 3.3.1.3 Surveys for Progress Payments and Specification Section 01 20 00 Price and Payment Procedures.

16. Contractor question: Is the Contractor to perform the entire initial survey as soon as they mobilize or wait until start of excavation?

Government answer: Contractor shall conduct surveys in accordance with Specification Section 01 11 00, paragraphs 3.1, 3.2, and 3.3.

17. Contractor question: Are the Contractors responsible for maintaining haul road or does that fall onto

DMM?

Government answer: See Note 11 on sheet C-100. The Contractor shall maintain the haul roads located within the work area starting on the day that haulage begins to the disposal area. The haul roads shall be maintained and restored to the condition they are in at the time haulage begins. This includes all associated ditches and culverts. The Contractor shall thoroughly photo-document the existing condition of all haul roads and their associated drainage structures before haulage begins, in order to establish the baseline existing conditions that are to be used for the basis of restoration after project completion.

18. Contractor question: Does the mine site have a SWPPP permit?

Government answer: The mine site has a KPDES permit issued from KY-DOW that supersedes a SWPPP. The various silt fences at the disposal area are there to maintain compliance with the KPDES permit. It is imperative that these are maintained, since compliance with the KPDES is based upon water quality taken from water samples from the sediment pond outlets.

19. Contractor question: Will a SWPPP be needed for the channel?

Government answer: Yes, a Storm Water Pollution Prevention Plan (SWPPP) will be required before working in the channel as required in Section 01 57 19 Temporary Environmental Controls.

Please coordinate with DEP Kentucky Pollutant Discharge Elimination System at 502-564-3410 or swpbsupport@ky.gov.

20. Contractor question: Does the contractor submit the SWPPP to the Corps or the state?

Government answer: The SWPP must be sent to the Contracting Officer and Corps Environmental Staff for an initial review, after which the contractor will submit the SWPP to the State for notice of coverage. Please reference Specification Section 01 57 19, paragraph 1.1 for additional information regarding the SWPP processes and requirements.

21. Contractor question: Do the contractors sign onto the KPDES?

Government answer: Yes, the Contractor will be the responsible party for obtaining, remaining in compliance with, and terminating the permit after construction. Reference the Government’s response to Question 19 and Question 20.

22. Contractor question: Are the stream crossings designed to a certain year storm?

Government answer: Stream crossings are not designed to a certain year storm. As outlined in Specification Section 01 57 19 Temporary Environmental Controls, paragraph 1.14.2 Structural Practices, stream crossings such as culverts or temporary premanufactured bridges should be designed high enough to provide safe vehicle and equipment ingress and egress in the dry necessary to access excavation areas during the allowable construction periods. During higher flow periods when construction is not allowed in the channel, the stream crossings of Yellow Creek Bypass and mailto:swpbsupport@ky.gov

Stony Fork should be designed to overtop in order to minimize risk of causing upstream flooding damages and reasonable measures shall be taken to prevent damages due to crossings washing out.

23. Contractor question: Can the Contractor burn vegetated material on-site or does it have to be done at another location?

Government answer: Reference the Government’s response to Question 2.

24. Contractor question: How many Contractor QC personnel are needed?

Government answer: Reference Specification Sections 01 45 00 and 01 35 26.

25. Contractor question: Can the CQC manager perform any other duties on site other than QC?

Government answer: The CQC manager can fill other roles but must be separate from the superintendent and SSHO. See Specification Section 01 45 00.

26. Contractor question: Does the contractor need an environmental QC in addition to the base QC?

Government answer: See Specification Sections 01 45 00 and 01 57 19.

27. Contractor question: What radio frequency will the contractors use for coordination on the mine site?

Government answer: The selected Contractor will submit a Haulage Safety Plan that is to be developed with the personnel of Double Mountain Mining and the KY Division of Mine Reclamation and Enforcement, Middlesboro Regional Office, then submitted to USACE for approval. The CB radio logistics will be part of that plan.

28. Contractor question: If the contractor recommends a separate waste site will the Corps consider it instead of the mine site?

Government answer: No, It would take a substantial amount of time along with environmental permitting and regulatory approval to get an additional disposal site and haulage plan approved, so it is not feasible. In addition, the proposed mine site was the option covered in the Environmental Assessment.

29. Contractor question: What is the timeframe for option award, all at base award or a pre-set time after?

Government answer: Reference FAR Clause 52.217-7, Option for Increased Quantity- Separately Priced Line Item, in the Solicitation.

30. Contractor question: For the 4inch minus material (cobbles):

a . What is the requirement for disposal in the spec?

b. What is the max size that can be disposed at the mine site?

c. Are the contractors doing lifts or just dumping?

d. Will the corps turn down fill if there are cobbles in it?

Government answer:

a. The specifications address what types of material can be disposed of at the Double Mountain Mining disposal area. No trees, stumps, woody brush, logs or roots greater than 2 inches in diameter are allowed. No foreign objects such as trash, plastic, tires or metal are allowed in the disposal area, these will have to be segregated at the staging area and properly disposed of in a facility permitted by the Kentucky Division of Waste Management.

b. There is no size limit on soil or rock material.

c. The contractor is to place material in dumped piles that are against each other and in a row to maximize space. There will be no lifts of placed material allowed.

d. Cobbles and rocks are permitted in the disposal area, regardless of size.

31. Contractor question: Will the contractor have to doze and/or grade the material after they are done with a bench?

Government answer: The Contractor will only have to doze/pick up any material that has spilled or slid away from the main body of the material that has been placed on the bench. This includes material spillage on the hauling route.

32. Contractor question: Do the days too wet to haul to the mine count as weather days?

Government answer: Reference Specification Section 00 73 00 – Supplementary Conditions, and Paragraph 4, Special Instructions section of the Solicitation “Time Extension for Unusually Severe Weather.”

33. Contractor question: What is driving the JUN-NOV timeframe for excavation?

Government answer: Specification Section 01 57 19 Temporary Environmental Controls, paragraph

1.7 provides the requirement that channel excavation can only occur between June 16 through November 30. The dates from April 15 to June 15 were excluded to avoid the fish migration period as required by the Water Quality Certification permit from the Kentucky Division of Water. The months of December through May were excluded due to the stream water levels being generally too high to perform excavation in the dry during that time period.

34. Contractor question: Does the KY-DOW permit have a stage where the contractor is prohibited from getting into the stream?

Government answer: The Water Quality Certification does not specify a specific stage at a gage when excavation and construction cannot occur in the stream channel. Instead, the Water Quality Certification states that channel excavation activities are to be conducted during low flow conditions only. Specification Section 01 57 19 Temporary Environmental Controls, paragraph 1.7 states that excavation of depositional material shall occur in the dry between June 16 and November 30.

Removal of channel depositional material is allowed to within approximately 0.25 feet above the baseflow water elevation with a minimum 1-foot horizontal buffer left between excavation areas and the active baseflow channel (only exception is within 100 feet upstream and 250 feet downstream of Cumberland Avenue Bridge and as needed for installation of stream crossings).

35. Contractor question: What size vegetation is not allowed in the disposal area?

Government answer: No woody material greater than 1 inch in diameter or roots greater than 2 inches in diameter are allowed in the disposal area. Grasses and weeds are allowed.

36. Contractor question: Can the contractor use the levee for a haul road?

a . If they put a raised haul road on top of the levee is that acceptable?

Government answer: The contractor can use the levee as a haul road but will be required to survey the levee as specified in Specification Section 01 11 00, paragraph 3.1 for the applicable extent of levee. Subsequent repair would be required of the contractor in accordance with Specification 31 23 00, paragraph 3.5.2. Installation of a raised haul road would require the Contracting Officer’s approval.

37. Contractor question: Does the farmer currently using the burn site have a lease on that site?

Government answer: The farmer does not have a lease to the burn site.

38. Contractor question: Any restrictions on the trucks going through the neighborhood to the burn area (weight limits, etc)?

Government answer: USACE is unaware of restrictions. This would require coordination with Middlesboro’s Street Department POC: Kevin Barnett (606) 269-6988 or Kentucky Transportation Cabinet’s POC: Greg York (606) 273-5683. The Contractor will be responsible for damages as outlined in Note 4 on sheet G-002.

39. Contractor question: Who has the burn permits for KY?

Government answer: Reference the Government’s response to Question 23.

40. Contractor question: Has the Corps secured burn permits?

Government answer: The contractor is responsible for acquiring burn permits per Specification Section 01 57 19, paragraph 3.5.2.

41. Contractor question: What are the working hours of the gate for the mine, will the contractor get a key to the gate?

Government answer: The general hours of operation for Double Mountain Mining are 7 AM – 4 PM Monday thru Friday, but vary with operational demands. The Contractor will get a key to the gate, but must be sure to relock it if they are the last personnel onsite that day.

42. Contractor question: At the Disposal site, will it be acceptable to hydroseed the perimeter of each bench or will the Contractor have to hydroseed the entire surface area of the bench?

Government answer: The entire surface area of the disposal material placed on each bench will need to be hydroseeded (seed + mulch) after placement is completed on that bench.

43. Contractor question: I would like to also submit Proganics Biotic Soil replacement and Flexterra as an alternate to the 4 inches of topsoil and mulch that would need to be placed. I have attached product brochures and estimated cost savings for the Proganics versus 4" of topsoil. I'm assuming some of the on-site topsoil would be reused for the site, but any off-site topsoil could be replaced with Proganics.

https://www.profileevs.com/products/hydraulic-erosion-control/advanced-fiber-matrices/promatrix-efm…