w912p9-16-b-0012-01.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 reason for this amendment is to

A. Incoporate contractors questions (2 sets) B. Add Liquidated damages C. Revised draw ings

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 25-Jul-2016

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 W912P9-16-B-0012

X 9B. DATED (SEE ITEM 11)

08-Jul-2016

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

25-Jul-2016

CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P9-16-B-0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

QUESTIONS 1 OF 2

1. Dike Removal 67.11

35 31 25 25 Page 12 states excavation to Elev. 320 but the excavation on Drawings Cl 12 is drawn at Elevation 314.

Please Clarify. Elevation is 314, document will be updated

2. What if Task Order No. 1 includes work at both Grand Tower and Dogtooth

Bend and mob/demob is paid for each reach. Is the contractor paid for a 2nd, 3rd mob/demob on future task orders during the 3 year contract?

Mobilization on future task orders will be paid unless the contractor is on site when NTP for future task orders is given

3. Will future task orders within the 3 year period include updated Davis-Bacon

Wage determinations that reflect required wage increases for union contractors? Will the awarded contractor be compensated for these wage increases?

No, The Davis-Bacon wage determination in effect at award will dictate the minimum required labor rates for the entire 3 year period. Contractor’s should consider in their bid any anticipated in labor rates for the duration of the contract.-

4. 52.222-52 Page 68 of 91.

It is our opinion this clause is not applicable to a construction project.

Clause deleted.

5. 52.232-16 Page 24 of 91

Prompt Payment clause is applicable. 52.232-16 should be eliminated. Again, a construction project, not a service contract.

Clause deleted.

6. Are liquidated damages applicable to this contract?

Yes, liquidated damages added.

7. Please clarify Document 00 08 00 Page 7 - 1.18 Order and Coordination. Does another contract provide dredging and haul road construction?

No, haul road construction and or dredging that is required for access should be included in this contracts bid, incidental to rock placement. Haul roads and/or dredging may or may not be required depending on the contractors means and methods.

8. Dogtooth Bend Reach

As mentioned in Item No. 7 above, haul roads, clearing, seeding, levee embankment, dredging are mentioned but no pay items exist. Are we to assume these are the requirements for work to be performed by others on another contract?

The requirements for this solicitation is as laid out in the contract drawings for rock placement, haul roads and dredging are for access only depending on the contractors means and methods and may or may not be required. These costs will be incidental to rock placement. No other contractors will be responsible for these efforts.

9. On Drawings C104, C105 and C106, the bend way weirs are built to Elev. 304, which is only 0.65 ft. below zero Cape Girardeau gage. Is this correct?

Elevation 304 is the correct elevation for the weirs

10. Section 35 31 25-3.3 lists the Upper Gage Limit on the majority of the work at 18'

Cape, which will require the contractor to place 14-18' of the dikes above water by casting, which increases the cost to the project. Is the 18' Gage reading correct?

The specifications will be changed. The upper gage limit for the dikes and chevron should have read 32’ Cape Girardeau Gage (correlating to flood stage at Cape). The upper limit of 18’ is strictly for weir construction

QUESTIONS 2 OF 2

1. There is not a section in the contract that addresses the requirements for the bid bond to be turned in with the bid.

None required

2. There is not a section in the solicitation that addresses the dollar amount per day for Liquidated damages.

Liquidated damages added.

3. Section 00700 - Contract Clauses 52.232-16 PROGRESS PAYMENTS (APR 2012) (l) states progress payments are due 30 days after a proper request has been received.

SECTION 00 08 00 1.2 PAY REQUESTS states "Payments Under Fixed-Price Construction Contracts", will be paid pursuant to the clause entitled "Prompt Payment for Construction Contracts". Which is 14 days after proper request has been received.

These two sections contradict each other. Which section will be used?

Section 00 08 00 1.2 will govern. Pay Requests will be paid within 14 days after processing. 52.232-16 was deleted and replaced with 52.232-27 “Prompt Payment for Construction Contracts”

4. SECTION 00 08 00 1.3 f Obstruction of Channel. This states that contractors “plant shall be promptly moved on the approach of any vessel.” We submit that passing vessels should contact the contractor’s contact vessel for passing instructions and the passing vessels should be prepared to slow down or stop to give the contractor ample time to clear the channel of its plant. If ample time is not given for the contractor to clear the channel the passage of any vessel becomes a safety issue for the contractor, plant, personnel and the passing vessel as well.

“Passing vessels should contact the contractor’s contact vessel for passing instructions.” “Passing vessels should be prepared to slow down or stop to give the contractor ample time to clear the channel of its plant”

5. SECTION 35 31 25 3.9 CONSTRUCTION TOLERANCES In the construction of the weirs, the tolerances given for the above and below NEATLINE, there is a high potential for the Graded Stone A (top size 5,000 lbs) to be larger than the 3 foot tolerance listed below. We would request that the tolerances be made to match the Stone Gradations.

No change in the tolerances

Construction Tolerances

Feature ABOVE (outside) NEATLINE (inches) BELOW (inside) NEATLINE (inches)

Weir Crown Elevation 12 24

Weir Crown Width 36 12

6. With the period of performance being 3 years, what is the anticipated schedule for the issuance of task orders?

Task Order 1 will be no later than September 30, 2016. The following task order(s) are funding dependent and may not be issued until January of 2019

SECTION 00700 - CONTRACT CLAUSES

The following have been deleted:

52.222-52 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Certification

MAY 2014

52.232-16 Progress Payments APR 2012

SECTION 00700 - CONTRACT CLAUSES

The following have been modified:

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $690 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

(End of Summary of Changes)