W912P823B0065 Amendment 0001.pdf

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

The above numbered solicitation for the Inner Harbor Canal Lock Southw est Dolphin Replacement has been amended to:

1. Update Instructions to bidders

2. Provide responses to contractor questions.

3. Provide audio teleconference information for bid opening.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 21-Sep-2023

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 W912P823B0065

X 9B. DATED (SEE ITEM 11)

25-Aug-2023

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

21-Sep-2023

CODE

CONTRACTING DIV- CHIEF

7400 LEAKE AVENUE, ROOM 172

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P823B0065

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - INSTRUCTIONS TO BIDDERS

The following have been added by full text:

AMENDMENT 0001

SUBJECT: W912P823B0065 IHNC Dolphon Solicitation

SECTION 01100

1. Page 00019, Paragraph 19, EXISTING FACILITIES, Remove and replace “northeast” with “southwest” in paragraph (b).

2. Page 00019 Remove sub- Paragraph i and ii in its entirety.

PLANS

1. Replace Sheet G-001 in its entirety with Sheet “G-001 ”

2. Replace Sheet G-002 in its entirety with sheet “G-002”

3. Replace Sheet C-104 in its entirety with sheet “C-104”

4. Add Sheet C-105 in its entirety

5. Replace Sheet S-402 in its entirety with sheet “S-402”

6. Replace Sheet S-403 in its entirety with sheet “S-403”

7. Replace Sheet S-405 in its entirety with sheet “S-405”

8. Replace Sheet S-407 in its entirety with sheet “S-407 ”

9. Replace Sheet S-501 in its entirety with sheet “S-501 ”

10. Replace Sheet SR-401 in its entirety with sheet “SR-401”

QUESTIONS & RESPONSES

W912P823B0065: Inner Harbor Navigation Canal Lock Southwest Dolphin Replacement

Questions & Responses

1Q. On the SF-1442, the solicitation number does not match the one on Sam.Gov.

1R. The solicitation number on the SF-1442 has been corrected and matches the solicitation number on SAM.Gov.

2Q. On G-001, the solicitation number and Title does not match the one on Sam.Gov.

2R. The solicitation number on G-001 has been corrected and matches the solicitation number on SAM.Gov.

3Q. Sheet G-003, Concrete Note 1 indicates concrete fill with a minimum strength of 4000 psi; however, sheet S- 501 indicates 2500 psi. Please clarify.

3R. The plans have been updated and posted as an amendment. 4000 psi will be used for the infill on S-501.

4Q. Plan Sheet C-101 indicates a submerged sheet pile end cell dolphin of approximately 35' diameter; however, Sheet C-104, cross section STA 17+44 shows a "New End Cell" protruding above the mudline, to Elevation +20, with a 46' diameter. Please clarify.

4R. The plans have been updated and posted as an amendment.

5Q. Plan Sheet C-101 indicates "New support structure under construction (Typ)". Please provide the estimated start date and duration of this work to confirm there are no conflicts.

5R. There is no definitive start date at this time. No conflict will occur with the current dolphin project.

6Q. Plan Sheet S-401, detail A3, shows 15 EA rub rails; however, S-403, detail A4, indicates "9 rub rails equally spaced at 1'-7"." Please clarify the number of rub rails.

6R. The plans have been updated and posted as an amendment.

7Q. Plan Sheet S-405 shows a rub rail on the west side of the proposed dolphin. Please confirm rub rail is only on the nose & east side, as shown on S-401.

7R. The plans have been updated and posted as an amendment.

8Q. On Plan Sheet S-407, the piles are spaced differently (staggered) than on Plan Sheet S-402, End Dolphin Pile layout. Please confirm that the pile layout on S-402 correct.

8R. The plans have been updated and posted as an amendment.

9Q. On Plan Sheet S-407, will the thickness of the precast seal slab be included in the monolith thickness, or will the top of the seal slab need to be set at EL 0 to start the monolith?

9R. The precast thickness will not be included in the monolith thickness.

10Q. Plan Sheet S-407, Note 2 indicates the precast seal slab may need to extend past the monolith slab to accommodate the formwork. Please confirm that this intrusion into the IHNC channel will be allowed. No intrusion will be allowed into the IHNC channel.

10R. Coordination will need to take place with the Government for any closures as stated in the specifications SECTION 01 32 16.10 12 Page 6 as part of the three week look ahead plan.

11Q. Please confirm that contractor furnished temporary protective piles will be allowed to be driven adjacent to the formwork in the IHNC channel to protect the workers and the formwork.

11R. Means and methods are up the CTR.

12Q. Specification Section 01 100-18, Paragraphs 19 (b) (i & ii) indicate stairway and sidewalk work at the northeast dolphin. Please provide a sketch/details indicating the location of the proposed improvements, elevations, horizontal distances, material specs, etc. that can be communicated to the fabricators.

12R. The specifications have been updated and will be posted as an amendment.

13Q. Under what bid item is the northeast stairway/sidewalk work’s cost to be carried?

13R. If the work is to be carried out under this contract, a modification will be discussed potentially.

14Q. Specification Section 02 41 00, 3.1.5 Concrete, mentions salvaging concrete and cutting depths & alignments. Where is the concrete to be salvaged located on the plans?

14R.The concrete to be salvaged/removed is located for reference on sheet R-005.

15Q. Regarding Specification Section 31 62 17.00 12, 3.1.1 Pile Driving Equipment, will the contractor be allowed to loft and perform initial driving with a vibratory hammer, prior to completing pile driving with the approved impact hammer?

15R. A WEAP analysis will need to be submitted for the Geotechnical Engineer of Record to approve/deny.

16Q. Specification Section 31 62 17.00 12, 3.1.8 Temporary Piles states: "…The pulling of any temporary piles shall be approved by the Contracting Officer. Temporary Piles may be required to be cut off and abandoned as directed by the Contracting Officer. No separate measurement and payment will be made for Contractor-Furnished temporary piles." To account for the costs of temporary piles that may have to be abandoned, can the Government provide the criteria that will be used to determine if a temporary pile can be extracted versus cut off to establish a basis for bidding?

16R. All efforts must be exhausted to remove any temporary piles that may be driven.

17Q.Using the XY coordinate provided on Sheet C-101 as the Centerline of the proposed dolphin end will put the eastern face of the Proposed Southwest Dolphin past the existing guidewall rails. Please provide the XY coordinates for the NW corner and NE corner of this dolphin.

17R. The nose XY of the bullnose dolphin to be constructed: X= 3694079.38703 Y= 534130.197832 near STA 18+30.94834 offset 64.71.

18Q. Is hydrographic survey data available for the behind the SW guide wall past station 18+00?

18R. There is no data for the area behind the SW guidewall. The gauges are the reference points for the tabulated data which can be found on Rivergauges.com.

19Q. Can the Government provide a drawing showing the limits/dimensions of available laydown property that can be temporarily fenced between points "I" and "J" on Sheet C-101?

19R. Coordination will need to take place with the Lockmaster.

20Q. Can the Government provide a drawing showing the vehicular access route for concrete deliveries to the laydown property between points "I" and "J" on Sheet C-101?

20R. Coordination will need to be discussed with the Lockmaster while abiding by the security paragraph in the specifications.

21Q. Can the contractor install temporary piles east of the work area to protect the work in progress from vessel traffic?

21R. Yes, as long as lock traffic is not impeded.

22Q. How far past the fender line into the lock channel may equipment and temporary works extend?

22R. There will be no incursions within the lock channel provided traffic is not impacted. All lock channel closures must be coordinated with Operations Division.

23Q. Can contractor equipment be staged downriver of the existing cellular fender that is to be removed during the course of work?

23R. Coordination with Operations Division will need to take place for any staging outside the limits shown.

24Q. Can temporary piles for pile templates and protection of work in progress be pulled at completion of work?

24R. All efforts must be exhausted in removing temporary piles.

25Q. Will a vibratory hammer be allowed to set and/or drive the pipe piles?

25R. A WEAP analysis will need to be submitted to the Geotechnical engineer.

26Q. Sheet S-401, A1 deck plan, gives the station number for the face of the pontoon guidewall to be constructed by others; does the new guidewall match the alignment of the existing guidewall or is it offset? If so, how much?

26R. The nose XY of the bullnose dolphin to be constructed: X= 3694079.38703 Y= 534130.197832 near STA 18+30.94834 offset 64.71.

27Q. The Contract Documents are silent regarding access to the site and the Work. Please confirm that the Owner shall provide uninterrupted access to the Project site and the Work or explain what is intended and identify any known limitations.

27R. Site Plan(C-101), S-401 note 5. & 19., 01100-6 ROW. Coordination must be done with the Lockmaster for staging of materials and access to the site. Security directives are outlined in part 3, subparagraph (n) in section 01100. All questions pertaining to security can be found in section 01100 and can be coordinated with the Lockmaster for further information.

28Q. FAR 52.236-11 states that the Government's early beneficial occupancy of all or part of the Work "shall not be deemed an acceptance of any work under the Contract." This is contrary to the industry standard. Please confirm that if the Owner takes beneficial occupancy of the Work or any portion of the Work, such beneficial occupancy shall commence warranty obligations with respect to the occupied portion of the Work, or, if not, clarify what is intended.

28R. See solicitation clause entitled “Warranty of Construction”, FAR 52.246-21(b).

29Q. The Contract Documents appear unclear on the amount of time for Owner review of a Proposed Change Order.

Please confirm that any Proposed Change Order (PCO) delivered by Contractor to Owner shall receive approval or be returned with written comment within fourteen (14) calendar days, or thereafter be considered null and void without further action by either party, unless extended in a signed writing by Contractor before 6:00 PM local time at the Owner's place of business on the 14th day after the date that such PCO was delivered by Contractor to Owner, or identify any other period Owner intends.

29R. Handled by the Changes Clause 52.243-4.

30Q. The Contract Documents appear unclear as to the Commencement of Contract Time as it relates to Notice to Proceed issuance. Please confirm that promptly after delivery of Notice of Award to the selected Contractor, Owner shall consult with Contractor and establish a mutually acceptable Notice to Proceed date that considers the respective circumstances appropriate for the selection of that date or explain what is intended.

30R. Contract time begins at the receipt of NTP, there is no specific time frame given from the Notice of Award and the Notice to Proceed, up to the ACO, Payment and Performance Bonds need to be submitted and approved prior to

NTP.

31Q. The indicated LDs do not distinguish between extended Substantial Completion and extended Final Completion. The Owner's likely daily costs of administering the Contract close-out after Substantial Completion (or Beneficial Occupancy) are typically de minimis. If there will be LDs after Substantial Completion (or Beneficial

Occupancy) for extended Final Completion, please provide that separate, daily extended Final Completion LD amount.

31R. The LD amount does not change and will be incurred from the time the contract completion goes beyond the required completion date to the date of substantial completion as determined by the ACO.

32Q. Please confirm that Liquidated Damages ("LDs") are the Owner's sole and exclusive remedy with respect to any late substantial completion ("SC") caused solely by Contractor and confirm that the Owner agrees that the Parties shall consider LDs to be direct damages and not to be considered indirect damages or explain what is intended.

32R. LD’ are the monetary remedy to cover the Government’s QA related expenses which are caused by the contractor’s failure to complete the project by the required completion date. Termination for Cause is also an available remedy that can be utilized by the Government to mitigate a contractor’s poor performance.

33Q. FAR 52.242-14(b) provides that the Contract Price shall be adjusted for any suspension, delay or interruption to the Work by Owner for an unreasonable period of time but is silent on adjustments to the Contract Time. Please confirm that the Contract Price and/or Time shall be adjusted for any suspension, delay or interruption to the Work by Owner for an unreasonable period of time provided Contractor is not at fault or explain what is intended.

33R. Delays to the contractor’s critical path activities which are caused by the Government or by DSC will be handled through the Changes clause and if applicable will afford the contractor additional time to the contractor’s current required completion.

34Q. FAR 52.249-10(a) provides that Owner "may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work." Taking over Contractor’s owned equipment is an extraordinary measure that violates a Bidder’s corporate policy as well as existing covenants and enforceable agreements. Please confirm that under no circumstances shall Owner take possession of, or exercise control over, Contractor’s tools, construction equipment or machinery, or explain what is intended.

34R. The Default Clause applies to this contract: highly advised that the contractor does not get into a position where they refuse or fail to prosecute the work. Government has the right to issue a Termination for Cause.

Contractor may want to have a serious discussion with his surety regarding performance bonds.

35Q. Please confirm that Owner shall indemnify, defend, and hold Contractor, its agents, officers, parent company, subsidiaries, harmless from and against all claims, damages, fines, fees, remediation, damages, and costs including, without limitation, reasonable attorneys' fees and costs, arising out of or resulting from pre-existing or undisclosed hazardous materials or conditions, except to the extent of Contractor's fault or negligence, or explain what is intended.

The Contract Documents are unclear on existing HAZMAT. Please confirm that the Contract Documents disclose any presently existing HAZMAT within the project limits and include the location, the specific material(s) and concentrations determined, when such HAZMAT is expected to be remediated by the Owner or explain what is intended.

35R. Unless specifically stated in the contract or produced by the contractor through his operations, he is not responsible for existing or undisclosed hazardous materials. The Government is not going to enter into a separate indemnification and hold harmless agreement with any contractor. The plans and specs will identify any HAZMAT that the contractor needs to specifically include in his scope of work, otherwise the contractor should be familiar with and be prepared to handle the presence of potential HAZMAT in accordance with that required in the specs.

36Q. The Contract Documents do not indicate incomplete right-of-way ("ROW") acquisition or impairment of Project Work. Please confirm; or, if there are acquisition, easement, or title issues, please disclose those in writing and indicate the expected date of resolution of each and provide the contact information for such land-acquisition person or persons.

36R. This is not applicable as the land is federally owned. The site plan shows the limits of the reservation.

Coordination with the lockmaster must be done for staging of materials or personnel.

37Q. Please confirm that any outstanding requests for information, which are timely submitted, shall be resolved during negotiations after award.

37R. RFI’s will be responded to after award and throughout the duration of the contract.

38Q. Please confirm all known utilities and pipelines have been identified and disclosed to Contractor and any discrepancies identified and disclosed to Contractor.

38R. See spec section 01100 9. Utilities and Improvements.

39Q. Please confirm that encountering unmarked, or undisclosed, utilities shall be treated as a differing site condition in accordance with FAR 52.236-2 or explain what is intended.

39R. Same as above.

40Q. The Contract Documents do not appear clear on warranty obligations. Please confirm that the warranty period is one year running from the date of Substantial Completion or explain what is intended.

41R. Warranty period begins after Final Acceptance. See previous comment regarding warranties and possible need for clarification.

The following have been modified:

BIDDER INSTRUCTIONS

SOLICITATION NUMBER: W912P823B0065

NOTE: BIDDERS MAY SUBMIT BIDS BY ONLY ONE METHOD: A) ELECTRONIC COMMERCE

(EMAIL) OR BY 2) PHYSICAL SUBMISSION. BIDDERS SHALL LIMIT THE BID SUBMITTAL TO ONE

OPTION OR THE OTHER, NOT BOTH.

Electronic Submission of Bids/Proposals (Email):

The New Orleans District utilizes electronic commerce (Email) for receipt of electronic bids under this IFB solicitation. To submit an electronic commerce (Email) bid please follow these steps:

1. Send an email containing your name, email address and bid/proposal to the following emails associated with the IFB (MUST include all emails):

Karen.D.Hargrave@USACE.ARMY.MIL Katherine.B.Younts@USACE.ARMY.MIL

2. ALL BIDS SUBMITTED BY EMAIL MUST CONTAIN THE SOLICITATION NUMBER IN THE

SUBJECT LINE.

3. Once the agency receives your bid/proposal at the above email addresses, you will then receive a confirmation email stating your bid/proposal was received. If a bidder does not receive a reply acknowledging receipt electronically from the New Orleans District, it is incumbent upon the bidder to seek confirmation from the issuing Contracting office by phone.

Note: The size limit for incoming emails is 35MB. Any bid/proposal over this size may not be accepted by the server and will constitute the bid not being received timely. Please note that embedded links, URLs, and other html language included may interfere with the USACE server security, which may cause emails to be removed prior to being received by the contracting office. Bidders are advised to refrain from including external links, embedded links, URLs, and other html language not germane to the proposal/bid. Please note it is a bidder’s responsibility, when transmitting its bid electronically, to ensure the receipt of its bid to the proper designee at the proper time. See FAR 14.304(b)(1)(i) regarding untimely electronic bids. Please note, MVN’s computer system firewall may cause a delay in receipt of emails, so be sure to allow ample time for possible delay. If your email would exceed 35MB you can use one of the following methods as a work-around:

Use .zip files as attachments. Combine multiple files into a .zip file to compress file size prior to adding as an email attachment.

Send multiple emails. Label each email with same subject line and indicate number of emails. For example:

Smith Construction W912P823BXXXX (1 of 2) Smith Construction W912P823BXXXX (2 of 2).

Physical Submission of Bids:

Bidders may submit their bids by hand carrying or express mail to the New Orleans District Contracting Office in Room 172. Bidders are advised to allow adequate time to ensure timely submission of its bid. Traffic onto the New Orleans District campus may be delayed by trains blocking the entrance or security either at the gate and/or inside of the building. Express delivery may be utilized but it is incumbent upon the bidder to ensure bid delivery time and date is before the receipt of bid cutoff time. See FAR 14.304(b)(1)(ii) and (c).

Bid Opening:

The Bid Opening is currently scheduled for Monday, 25 September, 2023, at 11:00 am CST. The Contracting Officer and Contract Specialist will begin downloading bids at 10:00 AM CST, which is the bid submission receipt cutoff time. All bids received after 10:00 AM CST on Monday, 25 September, 2023, will be considered late.

Audio Teleconference Bid Opening Information:

Instructions as well as any subsequent audio teleconference Bid Opening Information will be provided on SAM.GOV prior to the final closing date of this solicitation. In the event of changes to the solicitation that require a change to the closing date/time, the bid opening Audio Teleconference information will be provided via amendment.

1-844-800-2712 Attendee Code: 43382870 https://usace1.webex.com/meet/jeffrey.j.waguespack

Following the conclusion of the bid opening, in accordance with FAR 14.403(b), abstracts of offers for unclassified acquisitions shall be available for public inspection via SAM.GOV.

(End of Summary of Changes)