Amendment 0001.pdf

W16ROE01972202

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 purpose of this Amendment is to:

a. Provide a revised Bid Schedule.

b. Revise and Replace paragraph 49 “Insurance Procedure by Contractor” in the section 00 08 00 in its entirety.

c. Incorporate section 2 General Conditions in the 00 08 00 section.

d. Add clause 52.217-5 “Evaluation of Options”.

e. Questions must be submitted NO LATER THAN 7 September 2010 10:00 AM.

The Bid due date remains 10 September 2010 @ 2:00 PM.

NOTE: Bidders must acknow ledge receipt of this amendment by the date specif ied in the solicitation (or as amended) by one of the follow ing methods. In the space provided on the SF 1442, by separate letter, or by telegram, or by sinning the block 15 below . FAILURE TO ACKNOWLEDGE AMNEDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE

LATE BID, LATE MODIFICATION OF BIDS OR LATE WITHDRAWAL OF BIDS (FAR 14.304)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 01-Sep-2010

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 W912DS-10-B-0014

X 9B. DATED (SEE ITEM 11)

11-Aug-2010

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

01-Sep-2010

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-10-B-0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

W912DS-10-B-0014

Amendment No. 1

USACE, NYD Corps of Engineers New York, NY 10278

AMENDMENT NO.1 FOR RFP NO. W912DS-10-B-0014

1. The following changes shall be made to the specifications and plans.

1) SPECIFICATIONS:

1-Section 00 80 00

Revise and Replace section “49 Insurance Procured by Contractor” in its entirety. Incorporate Section “2 General Conditions” in 00 08 00 section.

2--Section 00 01 00 “Bid Schedule” Delete Section 00 01 00 in it’s entirety and replace in its entirety with the following:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

7000 1 Lump Sum Mobilization & Demobilization

FFP

FOB: Destination

MILSTRIP: W16ROE01972202

PURCHASE REQUEST NUMBER: W16ROE01972202

NET AMT

7001 310 Ton Armor Stone Removed/Reset

FFP

Armor Stone Removed/Reset (Sta. 0-15 to Sta. 0+10) FOB: Destination

7002 1 Lump Sum Excavation

FFP

7003 1,500 Square

Yard

Geotextile

7004 2,440 Ton Class A Armor & Armor

FFP

Class A Armor & Armor Toe Stone - new

7005 125 Ton Armor & Armor Toe Stone - reused

7006 670 Ton Class B Bedding Stone

7007 40 Cubic

Gravel

7008 100 Cubic

Concrete

7009 1,780 Square

Foot

Concrete Wire Mesh Reinforcement

7010 437 Linear

NYSDOT Median Box Beam Guiderail

NYSDOT Median Box Beam Guiderail with approach and terminal assembly

7011 710 Square

Guiderail mow strip

7012 1,010 Square

New/Repair Pavement

7013 1 Each No Parking Sign and Post

7014 1 Lump Sum OPTION Option 1

FFP

Town of Southold, County of Suffolk, Commissioner and New York State Department of Transportation and their officials, officers and employees Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

Total Amount

TOTAL BASE BID AMOUNT (CLINS 7000 Through 7013) $________________________

TOTAL OPTION BID AMOUNT (CLIN 7014) $________________________

TOTAL BASE BID PLUS OPTION (CLINS 7000-7014 $________________________

NOTES TO BIDDERS

1. Any bid which is materially unbalanced may be rejected. An unbalanced bid is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

2. The bidders are required to bid on all items or their bid will be rejected.

3. The low bidder for purposes of award will be the lowest conforming responsible bidder offering the lowest Total Base Bid Amount and the Optional Bid Amount for all Items.

4. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions, or amendments made by the bidders thereto may render the bid non-responsive and be cause for its rejection."

5. Optional bid items, if awarded will be as follows:

Optional Bid Item 7014 may be exercised at the Governments discretion, within 5 calendar days from contract award date. No additional time shall be added to the contract.

2. GENERAL CONDITIONS

(1) No guarantee to the accuracy of the reference documents is provided herein and the

Contractor shall rely on his own field verification for items so required.

(2) Sections, details, notes, dimensions and conditions are applicable at any other location where conditions and details are similar but are not specifically noted as such or are not shown.

(3) The Contractor prior to construction and fabrication of construction materials shall verify existing conditions and dimensions.

(4) If, during the performance of the work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall report to the Contracting Officer Representative in writing at once. Before proceeding with the work affected thereby, the Contractor shall obtain a written interpretation or clarification from the Contracting Officer. Work done before the Contracting Officer renders his decision is at the Contractor's sole risk.

(5) The work shall be performed in a general sequence developed by the Contractor and submitted to the Contracting Officer Representative for review, in accordance with the requirements of the Contract. The Contractor is solely responsible for the means and methods of construction and for the sequences and procedures to be used.

(6) The Contractor shall furnish and coordinate plant, labor, supervision, materials, equipment and appliances for demolition and/or construction work in connection with the demolition and/or construction of the structure.

(7) The Government has secured certain permits required by Federal and State Authorities for the proposed activities. It is the responsibility of the Contractor to perform the work in accordance with the terms and conditions of the permits. The Contractor shall post copies of the permits at the site throughout the course of the work. The Contractor is responsible to obtain permits associated with the legal disposal of construction debris. The Contractor shall secure required local authorizations, permits and a NYSDOT Highway Work Permit.

(8) The Contractor shall be solely responsible for the accuracy of locations, dimensions, and levels and no instructions or order received from other sources other than information contained on the Contract Drawings or Specifications shall justify departure from the dimensions and elevations required by the Contract Drawings.

(9) The Contractor shall take his own measurements at the site, verifying the same with the

Contract Drawings and existing facilities, and will be held responsible for the proper fit and alignment of completed work in position.

(10) The Contractor is responsible to provide and maintain utilities he deems necessary to affect the work.

(11) The Contractor shall provide field engineering services required for proper completion of the work including, but not necessarily limited to: establishing and maintaining lines and levels; structural design of shores, forms, and similar items provided by the Contractor as part of his means and methods of construction.

(12) The Contractor shall provide and maintain at his expense required fire protection systems and devices as necessary to safely perform the work in accordance with the applicable regulations. It shall be operational throughout the period of construction.

(13) Comply with local, state, and federal requirements for protection of the environment during the work. Not later than 21 days following award of contract, submit a comprehensive plan describing the means and methods to be employed for protection, containment, and clean up. Ensure that personnel are properly trained and that sufficient equipment and material are readily available for use if required. Abide by State and Federal spill reporting requirements.

(14) The Contractor is solely responsible for the safety of his operations. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to persons employed by the Contractor in performance of the work, and persons nearby that may be affected by the Contractor's operations or the work, including equipment and materials which will be incorporated in the work, and other properties and structures at the site, or on adjacent properties.

(15) Substitutions may be furnished for materials specified herein provided the Contractor secures acceptance from the Contracting Officer Representative.

49. INSURANCE PROCURED BY CONTRACTOR

If option is exercised insurance clause below is applicable:

a. The Contractor shall procure and maintain during the entire period of this performance under this contract the attached insurance policies:

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to coverage for Broad Form Property Damage. Such coverage shall not contain any environmental exclusion clause and there shall be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

(2) The policies described above shall be endorsed (i) to include the Town of Southold, County of Suffolk, Commissioner and New York State Department of Transportation and their officials, officers and employees as additional insured and (ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

(3) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

(4) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to each of the insured named above prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing any policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

b. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substances of this clause, including paragraph c., in all subcontracts hereunder.

SECTION 00010 - SOLICITATION CONTRACT FORM

CLIN 7014 is added as follows:

7014 1 Lump Sum OPTION Option 1

FFP

Town of Southold, County of Suffolk, Commissioner and New York State Department of Transportation and their officials, officers and employees Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 7014:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

(End of Summary of Changes)