AMD_0002.pdf

W81G6631514155

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

REFERENCE: SOLICITATION W912P6-13-B-0004; ROSEWOOD PARK CONSTRUCTION, HIGHLAND PARK, ILLINOIS

A. This Amendment is being issued to add a contingency statement to the solicitation and answ er contractors' questions.

B. Point of contact for this Amendment is Elizabeth New ell at 312-846-5370.

--THIS AMENDMENT CONTINUES ON THE FOLLOWING PAGE--

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 11-Sep-2013

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P6-13-B-0004

X 9B. DATED (SEE ITEM 11)

09-Aug-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

11-Sep-2013

CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P6-13-B-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

C. FUNDING CONTINGENCY STATEMENT: The following contingency statement is hereby added to this Solicitation.

CONTINGENCY STATEMENT: The receipt of BIDS is contingent upon the USACE’s approval of the required funding. In this respect, the USACE is under no obligation to receive bids for this project until such funding has been approved. Therefore, the due date for bids is subject to being extended until said approval has been provided to the USACE.

D. USACE’s RESPONSES TO CONTRACTOR’S INQUIRIES: Provided below are the USACE’s responses to all questions received from contractors.

Question 1. We are concerned that the full project duration is 5 years and it is likely that we will install some of the permanent features (i.e. breakwaters & beach nourishment) early on in the construction. This could happen as early as year 2. Under the current specifications it appears that we would presumably be responsible for those improvements until year 5 or even year 6. Can the government establish interim project milestones to effectively sign off on major portions of work as they are completed?

USACE Response 1: FAR clause 52.246‐12, Inspection of Construction, included in the front end of the solicitation specifications already covers this matter. Part (i) of this clause states, “Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.”

Question 2. We see the specification and qualification requirements for prescribed burns. In what years will the government require prescribed burning as part of the overall management?

USACE Response 2: One of the primary goals, as stated within Spec Section 31 31 19.16 Part 1, is reducing the presence of invasive and non‐native plant species which threaten to out‐compete native plant species and recycling the existing litter layer back into the soil. Per subpart 3.1.1, “[p]rescribed fires should be applied as frequently as needed to meet performance standards...” The Contractor should use their expertise in prescribed burning to submit a Burn Plan, as described in subpart 1.5, which will be approved by the Government. Within subpart 1.5.1, it is noted that “[i]n subsequent years, when the fuel load allows, the Contractor shall prepare burn plans for the project site…”

Question 3. Given the language in the specs, we would essentially have a $8‐10M bond out for a 5 year period (plus 1 additional warranty year). As you are aware, 5 year contracts are very difficult to bond given the fact that both the surety's and contractor's bond capacity is tied up for 5 years along with the increased risk of an unforeseen problem occurring over such a long time‐frame. Given the actual "construction work" and majority of the contract amount will be done within the first 12‐24 months, we will be having a $8‐10M bond covering the remaining 3‐ 4 years of maintenance work.

Would it be possible to have the USACE issue an amendment that reduces the Performance and Payment bond limit after the construction period (like the conditions above) that reasonably covers the cost of the maintenance period?

Or, the best solution would be to see if the USACE issue an amendment that would require a Performance and Payment bond JUST for the construction period and then require separate maintenance/warranty bonds for the intended maintenance period.

USACE Response 3: Federal Acquisition Regulations (FAR) Subpart 28.102 dictates that bond requirements remain as stated in the solicitation.

Question 4. For the clearing (Section 31 13 19 Page 2) it mentions that the government flagging is only for identification purposes and that they are listed as invasive within the chemical vegetation control section – So, will the government flag all the trees to be removed or should we plan on removal of all the invasive species listed?

USACE Response 4: The Government will flag trees and shrubs for removal and it is only meant to aid in the proper identification of trees and shrubs; however, subpart 1.4 goes on to say “…and it is ultimately the responsibility of the Contractor to accurately identify all trees and shrubs before clearing or girdling of said trees and shrubs to ensure they are listed as invasive within Section 31 31 19.13 CHEMICAL VEGETATION CONTROL.” Please note that per subpart 3.1.1 “[a]ny damage to trees or shrubs not flagged by the Government and not listed as an invasive species within Section 31 31 19.13 CHEMICAL VEGETATION CONTROL will require corrective measures, including but not limited to: replacement with trees or vegetation of local genotype in accordance with plant material requirements within Section32 93 03 NATIVE PLANTS.” Also, please refer to performance standards for invasive species removal within Spec Section 32 01 90.45.

Question 5. Are burning brush piles an acceptable method of disposal for cleared material?

USACE Response 5: Burning brush piles is acceptable only if burning activities comply with all federal, state and local laws, rules and ordinances.

Question 6. Is the Army Corps performing all the monitoring and reporting for this project?

USACE Response 6: Monitoring development of the native species restoration while removing invasive species during all phases of the restoration process will be one of the primary responsibilities of the Contractor's Site Steward; however, the Contractor shall meet performance standards based on formal monitoring by the USACE, Chicago District.

For example, per Spec Section 32 01 90.45, the result of invasive species treatment shall be assessed by the Contractor by how much coverage has been killed following the appropriate time required for evaluating visual effects of control, defined for the purpose of the Contract, as the complete mortality of treated vegetation; however, the percent invasive species treated and results shall be verified by a USACE, Chicago District botanist or ecologist and approved by the COR on a monthly basis wherever treatment activities occur, and based on the monthly Invasive Control Report required to be submitted by the Contractor.

Question 7. The specification calls out for erosion control blanket to be placed on all seeding areas where appropriate. Can the government provide a quantity and types of blanket required?

USACE Response 7: While Spec Section 32 93 03, subpart 3.2.1 states that an erosion control blanket shall be installed in planted areas where appropriate, it goes on to say “…to meet performance standards and in areas approved within the Planting Plan.” Per Spec Section 32 93 03, within 120 calendar days following the Contractor's acknowledgment of the Notice to Proceed Letter, the Contractor shall submit for the approval of the COR a written description of seeding/planting activities, which includes protection from erosion and other establishment activities necessary to maintain the health of the plantings. The type of erosion control blanket is specified within Spec Section 32 93 03, subpart 2.4. Also, the requirements of Spec Section 32 93 03 do not relieve the Contractor of the responsibility to provide all other sediment and erosion controls that may be necessary on the site in accordance with Section 01 57 20.01 03 of the specifications, and General NPDES Permit ILR10.

Question 8. Can water be pumped directly out of Lake Michigan as part of a temporary irrigation system?

USACE Response 8: While it may be possible to pump water out of Lake Michigan as part of a temporary irrigation system, at minimum, contractor coordination with the Illinois Department of Natural Resources/Office of Water Resource's Lake Michigan Management Section will be required, and the contractor may also be required to obtain a permit to perform this activity.

Question 9. Under the burn specification it talks about removing all inorganic trash after the burn, is this contractor generated trash or trash that was left by the general public?

USACE Response 9: Per Spec Section 31 31 19.16, subpart 3.1.1 “[g]arbage and construction materials shall not be burned.” If a burn exposes any inorganic trash, the Contractor shall “[r]emove all inorganic trash” per subpart 3.6.

Question 10. Is the COR going to allow the contractor to use rubble fill on the job site and if so where.

USACE Response 10: No, the use of rubble fill will not be allowed anywhere in this project.

Question 11. Sand Testing:

The COR requirements of twice stockpiling separately some 22,500 cy of material for inspection 30 days prior to delivery for the purchase of State Approved FA‐2 seems a little onerous. After a quarry source or supplier has been approved and initial testing of the source of material, can the contractor rely on the QC of the quarry to produce the correct material. The 337 on site sieve tests for the material can still be performed. The FA‐2 sand material all ready has to go thru rigorous testing to allow it to be used in concrete and other concrete related product.

USACE Response 11: These provisions of the specification are consistent with many previous beach nourishment projects along the southern portion of Lake Michigan. The procedures described are necessary to verify compliance with material quality requirements for this type of project.

Question 12. I am not sure how the payment clause works for sand on the beach. I understand the cross section method, and we can perform that daily as the material is placed with a certified surveyor. But are those cross sections quantities subject to revision for payment purposes based on the close out survey?

USACE Response 12: Per paragraph 1.2.4.2 of specification section 01 22 00, the total quantity of fill computed from the pre‐placement survey(s) and the final survey(s), performed after completion of the finish grading operation shall constitute the total measurement quantity for payment.

Question 13. Standard Form 1442 states the time designated for the contract is 1,825 day. This is presumably for the Native Plant establishment. There is no provision for partial acceptance of the project. We request that the provision be added to accept the breakwaters and dune restoration when they are completed. This will also allow access to the beach to the public much quicker.

USACE Response 13: FAR clause 52.246‐12, Inspection of Construction, included in the front end of the solicitation specifications already covers this matter. Part (i) of this clause states, “Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.”

Question 14. Will the Army Corp provide interim acceptance of work in place prior to project completion? Specifically, this would be needed for the installation of the breakwaters and sand which could be completed in year one of the contract. Once the armor stone and sand is in place, the general contractors would not want to have to include additional costs in their bid for possible replacement/maintenance due to unforeseen lake activity over the additional four years of the project while landscape maintenance is taking place.

USACE Response 14: FAR clause 52.246‐12, Inspection of Construction, included in the front end of the solicitation specifications already covers this matter. Part (i) of this clause states, “Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.” The government will not hold the contractor liable for acts of nature which damage completed portions of the project after acceptance of the completed features.

(End of Summary of Changes)