W912DS21B0014Amendment0008.pdf

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Attached to
Fire Island Inlet to Montauk Point, Suffolk County, NY, Contract 1 Project : Fire Island Inlet
Solicitation number
W912DS21B0014
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This is an amendment to a federal solicitation for construction services related to coastal erosion control and beach restoration. The solicitation is being amended to revise insurance requirements and the list of additional insured parties that must be included on related policies. Contractors must now name the United States of America, New York State Department of Environmental Conservation, Town of Babylon, and Town of Oyster Bay as additional insureds. The liability insurance policy limits and other coverage terms are also updated. The bid due date of August 19, 2021 is confirmed. The solicitation is being conducted by the U.S. Army Corps of Engineers Engineering District New York for work located in Suffolk County, New York.

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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:

revise but not reissue specifications -Section 01 30 00 Paragraphs 1.5 through 1.6.2 -Section 01 57 19 Paragraph 1.7 Bid Due Date Remains 19-Aug-2021 Offeror must acknow ledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the follow ing methods: in the space provided on SF1442, by separate letter, or by signing block 15 below FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE WITH THE SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS (FAR 15.208).

1. CONTRACT ID CODE PAGE OF PAGES

1 6

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

16C. DATE SIGNED

BY 18-Aug-2021

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 W912DS21B0014

X 9B. DATED (SEE ITEM 11)

01-Jul-2021

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 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

18-Aug-2021

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

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:

W912DS21B0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been added by full text:

AMENDMENT 0008

To Bidders The following changes shall be made to the drawings and specifications.

DRAWINGS

-None

SPECIFICATIONS:

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein:

-None

2. The following SPECIFICATIONS SECTIONS have been DELETED in their entirety:

3. The following SPECIFICATION SECTIONS have been REVISED and REISSUED in their entirety:

-None

4. The following SPECIFICATION SECTIONS have been REVISED but NOT REISSUED:

-Section 01 30 00 Paragraphs 1.5 through 1.6.2 as noted below.

-Section 01 57 19 Paragraph 1.7 as noted below.

REVISED SPECIFICATIONS:

SECTION 01 30 00 Paragraph 1.5 a. (2)

Replace “The policies described above must be endorsed (i) to include National Park Service (NPS) and New York State Department of Environmental Conservation (NYSDEC) as additional insured…” with “The policies described above must be endorsed (i) to include the United States of America (USA), the New York State Department of Environmental Conservation (NYSDEC) , the Town of Babylon (ToB), and the Town of Oyster Bay (ToOB) as additional insured…”

SECTION 01 30 00 Paragraph 1.5 a. (4)

Replace, “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, must be delivered to the Contracting Officer, NPS and NYSDEC, …”

With, “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, must be delivered to the Contracting Officer, NYSDEC, ToB, and ToOB,…”

SECTION 01 30 00 Paragraph 1.6.1 a.

Replace, “Liability and protective liability insurance policies must provide primary and non-contributory coverage to the DEC, and Suffolk County,…”

With, “Liability and protective liability insurance policies must provide primary and non-contributory coverage to the USA, DEC, ToB, and ToOB,…”

SECTION 01 30 00 Paragraph 1.6.1 b.

Replace, “(1) State of New York, NYS Department of Environmental Conservation, its officers, agents and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504.”

With, “(1) the United States of America its officers, agents, and employees”

Replace “(2) Suffolk County, its officers, agents and employees, H. Lee Dennison Bldg, 100 Veterans Memorial Hwy, P.O. Box 6100, Hauppauge, NY 11788”

With (2) State of New York, NYS Department of Environmental Conservation, its officers, agents, and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504”

Add (3) The Town Of Babylon, its officers, agents, and employees, Parks and Recreation Department, 200 E Sunrise Highway, Lindenhurst, NY 11757

Add (4) The Town of Oyster Bay, its officers, agents, and employees, Parks Department, Town Hall South 977 Hicksville Rd., Massapequa, NY 11758

SECTION 01 30 00 Paragraph 1.6.1 c.

Replace, “The policies must include a waiver of subrogation endorsement in favor of the NYS Department of Environmental Conservation, Suffolk County as additional insured.”

With, “The policies must include a waiver of subrogation endorsement in favor of the USA, the NYSDEC, the ToB, and the ToOB as additional insured.”

SECTION 01 30 00 Paragraph 1.6.1 d.

Replace, “Policies cannot be changed or canceled until thirty (30) days prior written notice has been given to the NYS Department of Environmental Conservation, Suffolk County and; as evidenced by an endorsement or declarations page.”

With, “Policies cannot be changed or canceled until thirty (30) days prior written notice has been given to the NYSDEC, the ToB, and the ToOB; as evidenced by an endorsement or declarations page.”

SECTION 01 30 00 Paragraph 1.6.1 i.

Replace, “(1) State of New York, NYS Department of Environmental Conservation, its officers, agents and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504.”

With, “(1) the United States of America its officers, agents, and employees”

Replace “(2) Suffolk County, its officers, agents and employees, H. Lee Dennison Bldg, 100 Veterans Memorial Hwy, P.O. Box 6100, Hauppauge, NY 11788”

With (2) State of New York, NYS Department of Environmental Conservation, its officers, agents, and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504”

Add (3) The Town Of Babylon, its officers, agents, and employees, Parks and Recreation Department, 200 E Sunrise Highway, Lindenhurst, NY 11757

Add (4) The Town of Oyster Bay, its officers, agents, and employees, Parks Department, Town Hall South 977 Hicksville Rd., Massapequa, NY 11758

SECTION 01 30 00 Paragraph 1.6.2 c.

Replace, “Contractor must provide and maintain Commercial General Liability Insurance (CGL) covering the liability of the Contractor for bodily injury, property damage, and personal/advertising injury arising from all work and operations under this Contract. The limits under such policy cannot be less than the following:”

With, “Contractor must provide and maintain Commercial General Liability Insurance (CGL) covering the liability of the Contractor for bodily injury, property damage occurring on the Premises, the improvements thereon, or the streets, curbs or sidewalks adjoining the Premises, and personal/advertising injury arising from all work and operations under this Contract. with such limits as may be required by the NPS, but in any event not less than One Million Dollars ($1,000,000) per incident and Three Million Dollars ($3,000,000) in the aggregate for the Premises.

The limits under such policy cannot be less than the following:”

SECTION 01 30 00 Paragraph 1.6.2 e.

Replace, “Failure of the Contractor to secure such insurance or to maintain adequate levels of coverage cannot render the NYS Department of Environmental Conservation, Suffolk County, including their agents and employees responsible for any losses; and the NYS Department of Environmental Conservation, Suffolk County, their agents and employees must have no such Liability.”

With, “Failure of the Contractor to secure such insurance or to maintain adequate levels of coverage cannot render the USA, the NYSDEC, the ToB, or the ToOB including their agents and employees responsible for any losses; and the USA, the NYSDEC, the ToB, and the ToOB, their agents and employees must have no such Liability.”

SECTION 01 30 00 Paragraph 1.6.2

Replace, “(3) Prior to the commencement of work hereunder, the Contractor must furnish to the Contracting Officer, the NYS Department of Environmental Conservation, the NYS Office of Parks, Recreation and Historic Preservation, the Town of East Hampton and the Montauk Historical Society within 5 calendar days of the award, certificates or endorsements of the above required insurance. The policies and the certificates and endorsements of insurance evidencing required insurance must contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the NYS Department of Environmental Conservation, Suffolk County in such insurance cannot 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 NYS Department of Environmental Conservation must have the right, upon written notice, to receive copies of the policies required hereunder.”

With, “(3) Prior to the commencement of work hereunder, the Contractor must furnish to the Contracting Officer, the USA, the NYSDEC, the ToB, and the ToOB within 5 calendar days of the award, certificates or endorsements of the above required insurance. The policies and the certificates and endorsements of insurance evidencing required insurance must contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the USA, the NYSDEC, the ToB, and the ToOB in such insurance cannot 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, the NYSDEC, the ToB, and the ToOB must have the right, upon written notice, to receive copies of the policies required hereunder.”

Replace, “(6) At the Government's direction, the Contractor must furnish 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 to the State of New York, NYS Department of Environmental Conservation, Suffolk County being named as an additional insured broken down by policy type; any other additional costs due to the insurance requirement and the nature thereof.”

With, “(6) At the Government's direction, the Contractor must furnish 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 to the USA, the NYSDEC, the ToB, and the ToOB being named as an additional insured broken down by policy type; any other additional costs due to the insurance requirement and the nature thereof.”

SECTION 01 57 19 Paragraph 1.7 Subparagraph 3

Replace, “The USACE will obtain the following permits from the NYSDEC: Federal

Consistency Determination, including Coastal Zone Management (CZM), Waterfront Development, Coastal Wetland, and Flood Hazard Area rules (this review is done under the Coastal Area Facilities Review Act permit); and freshwater wetland permit.”

With, “The USACE will obtain the following permits related to the contract: National Park Service Special Use Permit, NYSDEC: Federal Consistency Determination, including Coastal Zone Management (CZM), Waterfront Development, Coastal Wetland, and Flood Hazard Area rules (this review is done under the Coastal Area Facilities Review Act permit); and freshwater wetland permit.”

Questions and Answers:

(End of Summary of Changes)

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