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Amendment No 0004 to Solicitation W912P6-08-B-0003

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W81G660550225

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

SUBJECT: W912P6-08-B-0003, DES PLAINES RIVER, ILLINOIS LOCAL FLOOD PROTECTION FLOODWALL 37, RIVER ROAD/MILWAUKEE

ROAD, PROSPECT HEIGHTS AND MOUNT PROSPECT, COOK COUNTY, ILLINOIS

A. This Amendment does NOT extend the Bid Opening Date; therefore, the Bid Opening Date and Time remains 19 September 2008 at 2:00 p.m. Chicago local time.

B. The Attendance sheet from the Pre-Bid Meeting held on September 5, 2008 is attached hereto.

C. The Point of Contact for this Amendment is Linda Zamarocy at (312) 846-5374.

THIS AMENDMENT CONTINUES ON THE FOLLOWING PAGES

1. CONTRACT ID CODE PAGE OF PAGES

J

FAR (48 CFR) 53.243

1 4

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

16C. DATE SIGNED

BY 11-Sep-2008

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 W912P6-08-B-0003

X 9B. DATED (SEE ITEM 11)

18-Aug-2008

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

11-Sep-2008

CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

111 NORTH CANAL STREET SUITE 600

CHICAGO IL 60606-7206

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P6-08-B-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this Amendment:

D. CHANGES TO THE SPECIFICATIONS:

Bidders shall replace, in its entirety, Specification Sections 001100 and 01550 with the revised Specification Sections 001100 and 01550 attached hereto.

E. CONTRACTOR’S INQUIRES AND USACE RESPONSES:

Question 1: In examining the plans and specifications for the project, we have a question regarding the phasing of this project.

Section 01100-1.6.1.1 states that the project should begin with Phase 1 – Station 270+30 to 291+29.

Section 00100-1.6.1.2 states that phase 2 is from Station 240+00 to 263+40.

For IDOT to complete Stage 1 of their work on River Road, Phase 2 of the Floodwall project must be completed. For IDOT to perform Stage 2 work on Milwaukee Ave Phase 1 of the Floodwall project must be completed. This appears to be a conflict with the projects. Since we are to coordinate this project with the current IDOT project on Milwaukee Avenue and River Road, can we change the phasing of the Floodwall project?

USACE Response to Question #1: For Stage 1 of IDOT's work, IDOT can construct their improvements without the need for the floodwall. However, for IDOT to backfill for Stage 2 on Milwaukee Avenue the floodwall must be in place. This will require coordination between the two Contractors such that the IDOT Contractor does not backfill prior to construction of the floodwall and rip rap along Milwaukee Avenue. It is expected that Phase 1 of the floodwall and portions of Stage 2 of the IDOT work will occur simultaneously.

Question 2. The specifications are clear that the QAQC Manager must be fill-time and not have any other duties. Can the full=-time Safety Officer have any other duties?

USACE Response to Question 2.

Yes; provided that the duties required by the Safety Officer are in compliance with the contract terms.

Question 3. Section 01550.3.1 states lane closures are restricted to 9 AM to 3 PM. The one northbound lane on the current IDOT projects is permanently closed. Will we be allowed to keep one northbound lane closed permanently (temporary easement shown on the drawings) and close the second northbound lane based on the restrictions above? If not, can we at least get a permanent single lane closure similar to IDOT? (The six hour lane restrictions will add signification cost to the project.)

USACE Response to Question 3.

It is IDOT policy for permit projects to allow lane closures between 9:00 A.M. to 3:00 P.M. on Weekdays (no closure will be allowed on the weekends).

Question 4. There are discrepancies in the size of the sluice gates and flap gate schedule on sheet M-05.

Please clarify which is correct.

USACE Response to Question 4.

See Amendment 0002 with the deletion of SECTION 15132 and Replaced with the Revised SECTION 15132.

Question 5. Is item 0014 – Structural Additions #1 meant to be payment for the work shown on sheet S- 15 for Blackflow Structure #1? If not, how is work on sheet S-15 paid and where are structural additions #1 shown?

USACE Response to Question 5.

Backflow Addition #1 should be paid under Structural Addition #1. This is the same structure with different names. See sheet C-30.

Question 6. In accordance with Specifications Section 01100-1.14.1, page 12, IDOT Hwy Permit Bond shall be for $100,000,000. Is this Correct?

USACE Response to Question 6.

SECTION 01100 GENERAL PROVISION, Sub-Paragraph 1.14.1, the IDOT Highway Permit Bond has been revised to read as $1,000,000 and is incorporated by way of this Amendment 0004.

Question 7. Is there a clause for the contractor to be paid for “stored Materials” purchased in advance of installation on the Flood Wall Project?

The long term duration of 1,145CD (clause 52.211.10) to complete this project and possible delays due to Incremental Funding Clause (52.232.5004) combined with today’s increasingly volatile Construction Materials Supply Market, creates higher than normal risk to the contractor when costing material prices.

Without a “Stored Material” clause this risk will be reflected in higher Bid Prices.

USACE Response to Question 7.

Materials stored on site will be paid as a partial payment to the corresponding bid item.

Question 8. Why are foreign sheets indicated on a buy American project when domestic solutions are available? I would formally request that the foreign sheets (AZ) be disallowed. Calling out a hot rolled domestic solution with a min section modulus would be a better approach and would create a more competitive bidding environment. Currently AZ is sold by only one company.

USACE Response to Question 8.

Alternative Steel Sheet Piling is allowed. Please refer to SECTION 02464 METAL SHEET PILING, Sub-Paragraph 2.1.2 "Alternative Steel Sheet Piling" for the requirements of the alternative.

Question 9. Can you please define the meaning of “eligible 8(a) business firms”? In the prebid meeting it was defined as a firm that was at least eligible for SBA 8(a) certification and has submitted certification forms. Is this correct? Is there any further definition?

USACE Response to Question 9. Certified 8(a) businesses are firms owned and operated by socially and economically disadvantaged individuals and eligible to receive federal contracts under the Small Business Administration’s 8(a) Business Development Program. Firms that are certified as 8(a) businesses are eligible 8(a) business firms. Contractors may obtain additional information by accessing Part 19.8 of the Federal Acquisition Regulation at: www.arnet.gov. For further details regarding the definition of “eligible 8(a) business firms,” Contractors should contact its local Small Business Administration office.

http://www.arnet.gov/

Question 10. Are copies of the Prebid Meeting Minutes and signup Sheet be available to the Contractors?

USACE Response to Question 10.

No meeting minutes will be provided. The attendance sheet is provided in this Amendment 0004.

Question 11. What is the limit of insurance for this solicitation (W912P6-08-B-0003)? I couldn’t find it in the solicitation?

USACE Response to Question 11.

See SECTION 01100 Paragraph 1.12 “MINIMUM AMOUNT OF INSURANCE REQUIRED.”

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