W9126G-09-R-0065-0002.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

A. The solicitation indicated in Block 9A, Amendment of Solicitation No. is hereby modified as indicated herein (SF30 - Block 14 Continuation Page, Summary of Changes).

No other changes are authorized.

Point-of-Contact: Terry L. Teichmann; Email: terry.l.teichmann@usace.army.mil; Fax: 817/886-6407; Phone: 817/886-1033;

1. CONTRACT ID CODE PAGE OF PAGES

1 4

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

16C. DATE SIGNED

BY 09-Sep-2009

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 W9126G-09-R-0065

X 9B. DATED (SEE ITEM 11)

25-Aug-2009

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

09-Sep-2009

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A19

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9126G-09-R-0065

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

The following have been modified:

AM#2

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be __20___ percent of the bid price or $2,000,000 $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

SECTION 00 44 00 - PROCUREMENT FORMS AND SUPPLEMENTS

The following have been added by full text:

LIABILITY AND PRIVACY RELEASE

LIABILITY AND PRIVACY RELEASE

In consideration of being allowed to participate in the Mission Reach Phase 2A pre-solicitation site visit, (the “Event”), the undersigned does hereby release from liability and agrees to indemnify and hold harmless San Antonio River Authority, its directors, officers, employees and agents, (“River Authority”) and the United States Army Corps of Engineers, (“USACE”), from any and all liability, claims or demands for any personal injury, property damage or wrongful death that may be incurred by the undersigned while participating in the Event, including, but not limited to any transportation arranged by, paid for or provided by River Authority or USACE.

The undersigned agrees that they are participating in the Event at their own risk, and acknowledges that River Authority and USACE have made no warranty or representation, expressed or implied, regarding the safety of the Event.

The undersigned acknowledges that there are risks inherent in participating in the Event and assumes all risk for personal injury, property damage or wrongful death while participating in the Event.

It is the intention of the undersigned to exempt and release River Authority and USACE from all liability whatsoever for personal injury, property damage or wrongful death caused by the negligence of River Authority or USACE, or otherwise.

The undersigned authorizes the River Authority and USACE to photograph, videotape or digitally record the undersigned and to duplicate and distribute any such photograph, videotape or digital recording and releases to River Authority and USACE the use of the undersigned’s image and voice in any photograph, video recording or digital recording for any purpose of River Authority or USACE in perpetuity without payment to the undersigned or any cost, obligation or liability to River Authority or USACE.

This release shall be binding upon the undersigned and their heirs, next of kin, executors, administrators and assigns. By signing below, the undersigned acknowledges that they have thoroughly read and understand this release and that the statements made herein are all true and correct.

Printed Name

Signature

Date Signed

Signature of Parent/Guardian (if under 18)

(End of Summary of Changes)