09-B-0035-0001 LD 23.pdf

W81LJ892291379

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

SOLICITATION NUMBER W912HN-09-B-0035, ENTITLED MISCELLANOUS PAVING AND BOAT RAMP REPLACEMENT AT LOCK AND DAM NO.

2 AND NO. 3, CAPE FEAR RIVER, BLADEN COUNTY, NORTH CAROLINA IS AMENDED AS FOLLOWS:

1. THE TIME AND DATE FOR BID OPENING REMAINS UNCHANGED.

2. SEE SUMMARY OF CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

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

16C. DATE SIGNED

BY 27-Oct-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 W912HN-09-B-0035

X 9B. DATED (SEE ITEM 11)

16-Oct-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 T HE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. T HIS CHANGE ORDER IS ISSUED PURSUANT T O: (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

27-Oct-2009

CODE

U.S. ARMY ENGINEER DISTRICT SAVANNAH

ATTN: DANNY KISSAM

69 DARLINGTON AVENUE

910-251-4424 (FAX) 910-251-4454

WILMINGTON NC 28403

W912HN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HN-09-B-0035

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

CLIN 0003

The unit of issue has changed from Yard to Square Yard.

CLIN 0004

CLIN 0005

CLIN 0006

SECTION 01 57 20.00 10 – ENVIRONMENTAL PROTECTION

Delete existing SECTION Page 13 and Page 14 in their entirety and replace with enclosed revised Pages.

NOTE:

Text that is added or revised by this amendment is replaced in its entirety and underlined and/or printed in bold and/or stamped appropriately.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

DRAWIINGS

Delete existing Plate No. P-4 in its entirety and replace with enclosed revised Plate.

(End of Summary of Changes)

Encls As stated

Lock and Dam No. 2 and No. 3 W912HN-09-B-0035 Cape Fear River, Bladen County, NC regulations. The Contractor shall take such measures as may be required to assure that any activities conducted as a part of this contract do not kill, injure, capture, pursue, harass, or otherwise harm any of these species. Specific types of equipment and operations pose different types of hazards, so specific protective measures will vary depending upon the type of operation being conducted. The Contractor should be aware that protected species frequently occur in North Carolina and work should be planned accordingly.

Notification and reporting requirements for incidents involving protected species. Incidents involving the death or injury of any protected species or the recovery of any body parts of these species, have specific requirements for agency notification. Any dead, injured, or sick individual of any protected species found in the project area by the Contractor shall be left undisturbed and the Contracting Officer shall be notified immediately. The Contractor shall also prepare and provide to the Contracting Officer written records detailing any such incident involving protected species within 24 hours of its occurrence.

3.9.1 Migratory Birds

All construction personnel shall be advised that migratory birds, including the bald eagle, are protected under the Migratory Bird Treaty Act of 1918, as amended. The Contractor is cautioned that he may be held responsible for harming or harassing these birds, their eggs, or their nests as a result of any activities conducted under this contract. If, during any land-based aspects of the project, nesting birds are encountered, the Contracting Officer shall be contacted immediately for instructions.

3.9.2 Environmental Windows

The following is for information purposes only and is not intended to imply a contract performance period. There is an environmental window for the protection of anadromous fishery resources in the Cape Fear River. All in-water work (boat ramp repair) should be conducted between July 1 and January 31.

Through coordination with NC Wildlife Resources Commission (NCWRC), installation and dewatering a cofferdam around the boat ramp work area prior to February 1 will allow work to be conducted within the dewatered cofferdam during the fisheries moratorium (February 1 to June 30). No in water work outside the cofferdam shall occur during this moratorium. Once work within the cofferdam has been satisfactorily completed, if the cofferdam is to be removed during the moratorium, the Contractor shall meet with the Contracting Officer's Representative and a representative from NCWRC prior to removal to ensure all necessary measures to avoid adverse impacts to fishery resources are incorporated into the removal process.

3.10 MAINTENANCE OF POLLUTION FACILITIES

The Contractor shall maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.11 MILITARY MUNITIONS

In the event the Contractor discovers or uncovers military munitions as defined in 40 CFR 260, the Contractor shall immediately stop work in that area and immediately inform the Contracting Officer.

SECTION 01 57 20.00 10 Page 13 (Revised by Amendment No. 0001)

Lock and Dam No. 2 and No. 3 W912HN-09-B-0035 Cape Fear River, Bladen County, NC

3.12 TRAINING OF CONTRACTOR PERSONNEL

The Contractor's personnel shall be trained in all phases of environmental protection and pollution control. The Contractor shall conduct environmental protection/pollution control meetings for all Contractor personnel prior to commencing construction activities. Additional meetings shall be conducted for new personnel and when site conditions change. The training and meeting agenda shall include: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants;

recognition and protection of archaeological sites, artifacts, wetlands, and endangered species and their habitat that are known to be in the area.

3.13 PREVIOUSLY USED EQUIPMENT

The Contractor shall clean all previously used construction equipment prior to bringing it onto the project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements. See Section 01 10 00.10 38: SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS, paragraph WORK

IN QUARANTINED AREAS.

3.14 POST-CONSTRUCTION CLEANUP

The Contractor shall clean up all areas used for construction in accordance with Contract Clause: "Cleaning Up". The Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of land-based temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. If appropriate and so directed, the disturbed area shall be graded, filled and the entire area seeded unless otherwise indicated. All post-construction cleanup shall be performed in compliance with all environmental requirements.

-- End of Section --

SECTION 01 57 20.00 10 Page 14 (Revised by Amendment No. 0001)