W912DS-15-B-0013-AMENDMENT_0008.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 purpose of this amendment is to:

1. Revise the Specifications.

The Bid Opening Due Date is 2 December 2015 at 2:00 P.M. Eastern Standard time.

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

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

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 30-Nov-2015

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-15-B-0013

X 9B. DATED (SEE ITEM 11)

26-Oct-2015

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

30-Nov-2015

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-15-B-0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 73 00 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

AMENDMENT 0008

W912DS-15-B-0013

Amendment No 8 USACE, Department of the Army, NYD Corps of Engineers New York, NY 10278-0090 AMENDMENT NO.8 for IFB NO. W912DS-15-B-0013

1. The following changes shall be made to the specifications

2-SPECIFICATIONS:

Section 00 73 00 1.32 Revise paragraph 1.32 A as below and note that 1.32 B “Insurance Procured by the Port Authority” is deleted

“1.32A INSURANCE PROCURED BY CONTRACTOR

a) The Contractor shall procure, maintain limits, and pay deductibles (if necessary) during the entire period of its performance under this contract the following insurance policy (ies):

(1) Commercial General Liability Insurance in limits of not less than Thirty- Five Million Dollars ($35,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to coverage for premises-operations, products- completed operations, independent contractors, broad form property damage, including but not limited to business interruption and property damage arising out of explosion, collapse or underground property damage hazards.

(2) Commercial Automobile Liability Insurance covering owned, non- owned and hired autos, as applicable, with a limit of not less than Five Million Dollars ($5,000,000) per accident for bodily injury and property damage liability.

(3) Maritime Protection and Indemnity Insurance, and Chartered Legal Liability Insurance where applicable, relating to the operation, maintenance, or use of any vessel, in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, and property damage including coverage for Masters and members of crews.

(4) Environmental Insurance Policy, including coverage arising out of pollution conditions, and Contractor’s Pollution Legal Liability, including cleanup, including but not limited under property damage, to claims for natural resource damage and business interruption, with a limit of not less than Twenty Million Dollars ($20,000,000) each claim and in the aggregate, and a deductible of no greater than One Hundred Thousand Dollars ($100,000) as it relates to the work of a particular contract for dredging and disposal of dredged material, contemplated under this Contract. The policy would be in effect commencing on the date that the Government awards the contract and would include the Contractor and approved subcontractors as named insureds for such period that is appropriate for the methods used by the Contractor and subcontractors for dredging and disposal of the dredged material.

Such Policy shall (i) be expressly endorsed for dredging locations to be dredged under the Contract, transportation routes, and material disposition site(s) (ii) contain provisions for claims, disputes and coverage to be litigated in federal or state courts, having jurisdiction, sitting in the States of New York and New Jersey, USA and not be limited to arbitration and (iii) provide for coverage that the material may be considered a hazardous substance/waste under applicable law including, but not limited to the Resource Conservation and Recovery Act (RCRA) and/or Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and/or the Toxic Substance Control Act (TSCA). It should be noted that a substance might be considered “hazardous” under CERCLA, but not necessarily “hazardous” under RCRA and that such materials if RCRA “hazardous” would require a manifest and disposal under RCRA at a Subtitle C hazardous waste disposal facility.

(5) Sudden and Accidental Pollution Coverage for Contractor's pollution legal liability, including clean up, with limits of not less than Five Million ($5,000,000) per occurrence for bodily injury and property damage liability tailored to the specific exposures as they relate to the Work of this Contract. The policy shall provide coverage for injury and damage occurring both on or under water and on land. Coverage shall also apply to any injury or damage that occurs while material that has been dredged or otherwise removed during the Contract is being transported to a disposal site, and disposed of at the disposal site.

b) The policies described in 1, 2 3, 4 and 5 above shall be endorsed to include The Port Authority of New

York and New Jersey (the “Port Authority”), the State of New Jersey (the “State”), the New Jersey

Department of Transportation (“NJDOT”), the Department of the Army, the United States Army Corps of

Engineers, the Passaic Valley Sewerage Commissioners, Global Terminal & Container Services, LLC., the New Jersey Department of Environmental Protection, the Members of the Tidelands Resource Council, the Fund for the Support for Free Public Schools, The State of New York, The State of New York Department of Environmental Conservation, The City of New York, and New York City Department of Environmental

Protection as additional insureds and shall contain a provision or an endorsement that the policies may not be cancelled, terminated or modified without thirty days written notice to the Contracting Officer, New

York District, U.S. Army Corps of Engineers, Jacob K. Javits Federal Building, New York, NY 10278-

0090 and the General Manager, Risk Management/Treasury, The Port Authority of New York and New

Jersey, 150 Greenwich Street, New York, New York 10007. Moreover, the Commercial General Liability policy shall not contain any provisions for exclusions from liability other than provisions for exclusions from liability forming part of the standard, basic unamended and unendorsed commercial general liability policy, but nevertheless, in any event, shall include all coverages identified above. The policies described in 1, 2, 3, 4 and 5 above shall also include cross-liability coverage and must be stated on the certificate (s) of insurance. Any and all excess and umbrella policies shall ‘follow form’ by conforming to the underlying policies. Furthermore, the Contractor’s and or Subcontractors’ insurance shall be primary insurance as respects to the above additional insureds. A waiver of subrogation, as allowed by law, on all insurance policies in favor of the additional insureds.

c) The policies described in 1, 2, 3, 4 and 5 above shall (i) be expressly endorsed for dredging locations to be dredged under the Contract, transportation routes, and material disposition site(s).

d) Further, the liability policies shall be specifically endorsed as indicated herein, and the certificate(s) of insurance shall contain the following language:

“The insurer shall not, without obtaining the express advance written permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the Tribunal over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority, or the provisions of any statutes respecting suits against the Port Authority.”

e) The Contractor shall take out and maintain Workers’ Compensation Insurance (including other states coverage) in accordance with requirements of law. The policy shall include the United States Longshore and Harbor Workers’ Compensation Act Endorsement. The policy may not be cancelled, terminated or modified without 30 days prior written notice to the Contracting Officer, New York District, U.S. Army

Corps of Engineers, Jacob K. Javits Federal Building, New York, NY 10278-0090 and the General

Manager, Risk Management/Treasury, The Port Authority of New York and New Jersey, 150 Greenwich

Street, New York, New York 10007.

f) The Contractor shall furnish to the Contracting Officer and to the Port Authority at the above addresses, within five (5) calendar days of Contract award, a certificate of insurance evidencing the above-required insurance. The policies and the certificate of insurance 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 Port Authority 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 and the Port Authority. The Contracting Officer and the Port Authority shall have the right, upon written notice, to receive copies of the policies required hereunder.

g) The Contractor shall submit to the Contracting Officer within five(5) calendar days of Contract award a certification from the Contractor's insurance carrier that the amount inserted by the Contractor in the item entitled "Additional Cost for Optional Insurance" of the Price Schedule represents only the additional premium paid by the Contractor as a direct result of the specific insurance requirements of this Section and excludes those premium costs which would have otherwise been incurred by the Contractor if the insurance specified by this section of the Contract was not required.

h) The Contractor shall furnish within five (5) calendar days of Contract award a computation from his insurance carrier, which sets forth the elements of the said additional premium, including, but not limited to the following: the additional costs of The Port Authority of New York and New Jersey being named as an additional insured broken down by policy type; any other additional costs due to the insurance requirement and the nature thereof.

i) The Contractor shall furnish within five (5) calendar days of Contract award a computation as to that amount, if any, of the premium costs of his existing insurance coverage he is allocated to the work of this contract. The Contractor shall indicate whether such attribution is pursuant to a standard formula or cost administration practice or was otherwise derived.

j) The Government reserves the right to request a further elaboration with regard to this computation at any time.

The requirements for insurance procured by the Contractor shall not in any way be construed as a limitation on the nature or extent of the contractual obligations assumed by the Contractor under this contract. The insurance requirements are not a representation by any of the additional insured parties as to the adequacy of the insurance to protect the Contractor against the obligations imposed on them by law or by this or any other Contract.

Payment items for insurance premiums procured by the Contractor under this paragraph shall be made at the contract lump sum price listed in the Government’s Price Schedule.

k) The Contractor shall be reimbursed for the actual expense for the additional insurance up to the amount indicated in the item as substantiated by the information provided by the Contractor's insurance carrier.

Contractor shall submit the following items to the government for payment and verification and only the actual amount will be reimbursed:

1-Insurance Policies.

2-Certification of insurance.

3-Proof of payments.

Payment for the insurance procured by the Contractor under this paragraph shall be in lump sum, "Additional Cost for Insurance", (see notes in Bidding Schedule)

The contractor and its subcontractors are and shall be responsible for payment for all losses within the deductible of, and losses not covered by insurance.

The Contractor and subcontractors shall comply with all obligations as insureds under or in connection with the above policy.”

(End of Summary of Changes)