W912BU-09-B-0009-Amend0002.pdf

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: JAMES ECKHARDT

WANAMAKER BLDG

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

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

THIS AMENDMENT DOES NOT EXTEND THE 16 JUNE 2009, 11:00 A.M. BID OPENING DATE.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY

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 W912BU-09-B-0009

X 9B. DATED (SEE ITEM 11)

15-May-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 0 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) Maintenance Dredging Mispillion River Entrance Channel and Inner Reach "A", Delaware

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.)

2. AMENDMENT/MODIFICATION NO.

10A. MOD. OF CONTRACT/ORDER NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Jun-2009

CODE

4. REQUISITION/PURCHASE REQ. NO.

CODE

US ARMY ENGINEER DIS RICT, PHILADELPHIAT

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU E5CTCJEE7. ADMINISTERED BY (If other than item 6)

CODE FACILITY CODE

EMAIL:TEL:

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Amendment No. 0002 Invitation for Bids

W912BU-09-B-0009

14. DESCRIPTION OF AMENDMENT (continued)

a. SECTION 00800 – SPECIAL CLAUSES: Please delete page 00800-5, in its entirety, and substitute revised page 00800-5, annotated Amendment No.

0002, attached hereto.

b. Please indicate receipt of this amendment on Standard Form 1442(SOLICITATION, OFFER, AND AWARD) as Amendment No. 0002. Failure to acknowledge all amendments may be cause for rejection of the bid.

This page was intentionally left blank for duplex printing.

sections shown on the contract drawings. For all other pipeline crossings of the navigation channel(s), the minimum depth to the top of any pipe shall not be less than 7 feet MLLW (Datum).

j. Bridge to Bridge Radio Telephone Equipment. In order that radio telephone communication may be made with passing vessels, all dredges engaged in work under the contract shall be equipped with and operate bridge-to-bridge radio telephone equipment. The radio telephone equipment shall operate on VHF Channel 13 (156.65 MHz) with low power output having a communication range of approximately ten miles. The frequency has been approved by the Federal Communication Commission.

k. The most recent dredging of this project was completed by Cottrell Contracting Corporation under Solicitation No. DACW61-02-B-0021.

l. Disposal Area: The Government-furnished disposal area available for this contract consists of the section of Conch Bar Island beginning 200 feet north of the USACE jetty structure, as specified in Section 35 20 23 and within the limits depicted on Drawing Number 64185.

m. Magnitude of the Contract Work. The estimated value of the contract is between $500,000 and $1,000,000.

n. Survey control description sheets are included as Section 00830 of this contract.

o. Historical Abstract of Bottom Samples data sheets and grain size/sieve analyses reports are included as Section 00840 of this solicitation and are believed to be representative of the character of the materials to be dredged under this contract.

SC-5 LAYOUT OF WORK (DEC 1996)

The Contractor shall lay out its work from Government-provided channel coordinates and survey control points, furnished as part of each work assignment. The Contractor shall furnish, at its own expense, such stakes, templates, platforms, equipment, range markers and labor as may be required in laying out any part of the work, from the channel coordinates and surveying benchmarks furnished by the Government and shall be responsible for all measurements in connection therewith. If any Government control is found disturbed or destroyed, this must be communicated to the Philadelphia District Surveys Branch through the COR before any control is re-established. The Contractor shall be responsible for executing the work to such lines and grades as may be established or indicated by the Contracting Officer. The Contractor shall have real time differential GPS positioning in accordance with the Corps surveying manual, EM 1110-2-1003, for class 1 survey requirements for dredge positioning. The Contractor shall provide real time positioning on a computer screen during dredging, and have the capability of playback in 15 minute intervals. The position must be recorded on disk every 15 minutes and submitted to the Contracting Officer on a daily basis.(CENAP)

SC-6 LIMITATION ON SUBCONTRACTING (DEC 1996)

a. This clause does not apply to the unrestricted portion of a partial set-aside.

Section 00800 Page 5

Amendment No. 0002

b. By submission of an offer and execution of a contract, the Contractor agrees that the performance of the contract in the case of a contract for:

1. Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

2. Supplies (other than procurement from a regular dealer in such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

3. General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its employees.

4. Construction by special rate contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its employees. (FAR 52.219-14)

SC-7 ENVIRONMENTAL LITIGATION (1974 NOV OCE)

a. If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of the contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the SUSPENSION OF WORK clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

b. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment. (CENAP)

SC-8 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working navigable channels, as approved by the Commandant, U.S. Coast Guard with respect to vessels in inland waters (33 CFR 88), as applicable. (CENAP)

SC-9 CONTINUITY OF WORK (APR 1965 OCE)

Section 00800 Page 6