AMD0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers 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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

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

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable m3adekaj

Solicitation No. W912HY-09-R-0009

E-1

To Accompany Amendment 0001

SECTION E

INSPECTION AND ACCEPTANCE

INDEFINITE DELIVERY TYPE CONTRACT

CORE DRILLING, SOIL SAMPLING AND LABORATORY TESTING OF SOIL SAMPLES

U.S. ARMY ENGINEER DISTRICT, GALVESTON

CORPS OF ENGINEERS

GALVESTON, TEXAS

1. COORDINATION: During any task order period, the Contractor shall confer with the Contracting Officer as necessary to insure correct methodology and timely execution of the work.

2. INSPECTION OF SERVICES--FIXED-PRICE (FAR 52.246-4) (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

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(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

3. SUBMITTAL SPECIFICATIONS - The Contractor shall submit the product required within the time period specified in each task order. The Contracting Officer will review each product prior to acceptance. Deficient and/or incomplete work will be returned by the Contracting Officer for correction by the Contractor.

4. FINAL INSPECTION AND ACCEPTANCE: Progress inspections as described above shall not constitute acceptance by the Government of any part of the work, but shall be for the purpose of coordination and assistance in interpretation of the technical requirements of the contract. Final inspection and acceptance will be performed by the Contracting Officer upon completion of the work and submittal of the end product specified in each task order. The Contractor will be notified in writing of final accept-ance by the Contracting Officer.

5. QUALITY CONTROL - The Contractor shall establish an effective quality control program to assure that the anticipated end products will meet professional standards and will comply with all requirements set forth in the contract and anticipated task orders. A copy of the program shall be submitted to the Contracting Officer within 15 calendar days after award of the contract.

During the prosecution of the work the Contractor shall promptly advise the Contracting Officer of any discrepancies, ambiguities or lack of clarity in the materials or instructions furnished, or of the existence of significantly differing site conditions. Such notification shall be made immediately by telephone and in writing within 5 work days of the event.

If such changes cause an increase or decrease in the cost for performance under the task order, then an equitable adjustment shall be made and the task order modified accordingly. (See Section I, contract clause "Changes--Fixed-Price--Alternate I").

End of Section E

F-1

SECTION F

DELIVERIES AND PERFORMANCE

CORE DRILLING, SOIL SAMPLING AND LABORATORY TESTING OF SOIL

SAMPLES

U.S. ARMY ENGINEER DISTRICT, GALVESTON

CORPS OF ENGINEERS

GALVESTON, TEXAS

1. PERIOD OF SERVICE: The contract period will begin on the date of contract award and will, unless terminated sooner in accordance with Section I, contract clause "Termination For Convenience of the Government (Services)", continue for a period of 1-year (365/366 calendar days as appropriate) from that date. The contract expiration date will not serve to cancel any task order awarded under this contract for which the task order is awarded prior to the expiration date and for which the work is not completed by the contract expiration date.

2. EXTENDING THE TERM OF THE CONTRACT: Options for four additional 1-year periods are included as part of this contract. The Government may exercise the options at any time; however, it will be accomplished no later than the last day of the effective contract performance period. (See Section I, contract clauses "Option to Extend the Term of the Contract" and "Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts)").

3. PACKAGING AND DELIVERY

a. Packaging of completed work shall be accomplished in such a manner that all materials will be protected from handling or shipping damage or loss.

b. All cost of deliveries shall be borne by the Contractor.

4. PLACE OF DELIVERY: All deliveries shall be accompanied by a letter or shipping form itemizing the materials being transmitted and shall be shipped prepaid in accordance with Section C, Paragraph 13, "DELIVERIES", and/or Paragraph 27, "PRESERVATION AND DELIVERY OF SOIL SAMPLES", or as otherwise directed in the task order(s).

5. COMPLETION SCHEDULE

a. All work shall be completed and submitted in accordance with the completion schedule set forth in each task order.

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b. The Contractor shall initiate work in accordance with Section C, Paragraph 2, "DIRECTION OF WORK", or as otherwise directed in the task order(s) and shall complete the work as directed by the Contracting Officer.

6. CONTRACT WORK AREA: Task orders may be issued by other entities of the United States Government, primarily other Corps of Engineers' Districts under the command of the Division Commander, Southwestern Division, Dallas, Texas, should the need arise. Civil and military task orders may also be issued under this contract.

End of Section F

G-1

SECTION G

CONTRACT ADMINISTRATION

CORE DRILLING, SOIL SAMPLING AND LABORATORY TESTING OF SOIL

SAMPLES

U.S. ARMY ENGINEER DISTRICT, GALVESTON

CORPS OF ENGINEERS

1. INVOICES: Properly certified invoices shall be submitted to:

USAED, Finance Center ATTN: Mail Stop 322 7800 Third Avenue Millington, Tennessee 38054-5005

In order for requests for payment to be processed, a COPY of all invoices along with a completed ENG Form 93 MUST be furnished to:

District Engineer U.S. Army Engineer District, Galveston ATTN: Professional Service Contract Coordinator, CESWG-EC-PS Leigh Ann Adams P.O. Box 1229 Galveston, Texas 77553-1229

2. PAYMENT: To supplement Section I, contact clause “Payments”, the following shall apply:

a. Estimates shall be made monthly by the Contractor of the amount and value of work and services performed under each task order. ENG Form 93 shall be completed by the Contractor and supplied to the Galveston District as, or along with, a properly certified invoice. Upon approval of such estimates by the Contracting Officer, payment upon properly certified vouchers will be made to the Contractor as soon as practicable of no more than one hundred percent (100%) of the amount as determined above, less all previous payments.

b. Upon satisfactory completion by the Contractor and acceptance by the Contracting Officer of the work performed by the Contractor, the Contractor will be paid the unpaid balance of any money due relating to the work.

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3. ACCOUNTING AND APPROPRIATION DATA: The appropriate civil and/or military fund availability evidence will be cited on each individual task order issued under this contract.

4. COMPENSATION TO THE CONTRACTOR: For and in consideration of the services furnished by the Contractor under the provisions of this contract, the Government will pay to the Contractor the amount for each task order issued and acceptable work accomplished under this contract, as stipulated in Section I, contract clause "Payments", and Section G, paragraph 2, "PAYMENT". The Government makes no warranty as to the amount of services to be required under this contract and reserves the right to require no services during the contract period. However, should no services be ordered by the base year expiration date of this contract and in consideration of entering into and being available to perform services when required, the Government will compensate the Contractor the minimum guaranteed amount of $2500.00 for the base contract year only. This payment will be made provided all work requested in a valued amount less than or equal to $2500.00 in the base year is performed by the Contractor in accordance with all terms and conditions of the contract.

Failure of the Contractor to perform initial work requirements valued at less than, or up to $2500.00 for the base year, will nullify the provision for a Guaranteed Minimum Fee.

5. AUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL -

The Contractor shall not accept instructions issued by any person employed by the U.S.

Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of their authority as defined in Section I, contract clauses “Contracting Officer’s Representative” and “Contracting Officer Signature”.

6. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) OR

AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER (ARCO) - The Contracting Officer, upon award of the contract, will appoint an individual to be his authorized representative. The Contractor will be provided a copy of the appointment.

(See Section I, contract clause “Contracting Officer’s Representative”).

7. DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR -

The Contractor shall assign a member or employee who will act as project manager during the course of this contract. This official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contacting Officer.

8. DESIGNATION OF ORDERING OFFICER - Only the Contracting Officer is authorized to place orders under this contract, unless written authorization is granted by

Solicitation WHY912

G-3 the Contracting Officer of which the Contractor will be informed.

9. CHANGE IN TASK ORDERS - All task orders issued hereunder are subject to the terms and conditions of this contract and may be amended or canceled at the convenience of the Government. (See Section I, contract clause "Changes--Fixed- Price--Alternate I).

End of Section G

H-1

SECTION H

SPECIAL CONTRACT REQUIREMENTS

CORE DRILLING, SOIL SAMPLING AND LABORATORY TESTING OF SOIL SAMPLES

U.S. ARMY ENGINEER DISTRICT, GALVESTON

CORPS OF ENGINEERS

H1. CONTRACTOR SUPERVISION RESPONSIBILITY - The Contractor shall designate a professional engineer or geologist to act as his authorized representative for this contract. The representative shall coordinate the required work to assure that proper procedures and directions specified in this contract and subsequent task order(s) are complied with. The Contractor's representative shall communicate with and advise the Contracting Officer of the progress being made on the required work and of any difficulties being encountered in the performance of the work.

H.2. SUBCONTRACTORS

a. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this contract, to insure fulfillment of all contractual provisions by Subcontractors.

b. Before commencement of any work under this contract by any Subcontractor, the Contractor shall furnish the Contracting Officer, in writing, the name of any such Subcontractor, together with a statement as to the extent and character of the work to be done under the subcontract. If, for sufficient reason, at any time during the progress of the work, the Contracting Officer determines that any Subcontractor is incompetent or is not performing the work in an acceptable manner, the Contracting Officer will notify the Contractor in writing, accordingly, and immediate steps shall be taken by the Contractor to obtain acceptable performance or cancellation of such subcontract.

Subletting by Subcontractors shall be subject to the same requirements.

c. Nothing contained in this contract shall be construed to create any contractual relation between any Subcontractor and the Government. (See Section I, contract clause “Limitations on Subcontracting”).

H.3. SAFETY REQUIREMENTS - The Contractor shall at all times conduct all operations in a safe manner and in accordance with safety plans.

a. In accordance with Section I, contract clause "Accident Prevention", the Contractor shall comply with the applicable portions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 3 November 2003, and all changes and amendments thereto, and the applicable portions of the latest Occupational Safety and Health Administration standards for the work covered in this contract. Copies of

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EM 385-1-1 can be obtained from the U.S. Government Printing Office. The Contractor may be required to prepare and submit an "Accident Prevention Plan" in accordance with EM 385-1-1.

b. Since portions of the work to be performed under this contract may be on Government property or property under the control of the Government, such work must be in accordance with applicable provisions of Engineering Manual (EM) 385-1-1, Safety - Safety and Health Requirements, 3 November 2003. An Accident Prevention Plan shall be prepared and submitted by the Contractor and approved by the Contracting Officer prior to initiation of any such work. The requirement for such a plan will be identified in the applicable task order. The plan shall be submitted within 10 calendar days after date of receipt of the task order or as directed by the Contracting Officer. Also the Contractor shall submit SWD Form 743-R, Monthly Exposure Report of Operations and Activities, by the Twentieth of each month throughout each task order period when work is performed on Government property. Accidents resulting in lost time shall be reported on Accident Investigation Report, ENG Form 3394. (See Section I, contract clause "Insurance--Work on a Government Installation").

H.4. SECURITY REQUIREMENTS/RESTRICTED AREAS -

a. A security clearance is not required in connection with this contract; however, should work requirements arise in a restricted area proper clearance will have to be obtained prior to award of the task order.

b. When applicable and determined by the Government, a security clearance will be required of all Contractor personnel who must, for performance of the work under this contract or subsequent task orders, be over or upon such area, or will have access to the products of work covering such area. The Contractor shall furnish to the Contracting Officer, the names and designations of all personnel for whom such clearance is to be obtained, and this list shall comprise all eligibles, such as drilling crew members, reconnaissance parties, laboratory technicians, compilers, editors, draftspersons, typists, messengers, clerks, supervisors, etc. Each such person must be cleared, prior to his or her employment/assignment. Security escorts will be required on or in restricted areas. Security procedures may impact performance in some instances.

H.5. RELEASE OF INFORMATION - The Contractor shall initiate no publicity concerning this work and shall direct all inquiries to the Contracting Officer. Neither the Contractor nor his representatives shall release any material of any nature obtained or prepared under this contract and subsequent task order(s) without the specific written approval of the Contracting Officer.

H.6. GOVERNMENT RIGHTS - All materials, data and other work developed in the performance of this contract or subsequent task order(s) shall be and remain the sole property of the Government and may be used by the Government in any other work without additional compensation to the Contractor. The Contractor agrees not to assert

H-3 any rights and not to establish any claim with respect thereto. (See Section I, contract clauses "Rights in Data--Special Works”; “government Rights (Unlimited)”; and “Drawings and Other Data to Become Property of Government”)

H.7. CONTRACTOR RESPONSIBILITY - The Contractor shall furnish all personnel and labor, plant, equipment, materials, supplies and travel necessary to complete the work required under this contract and subsequent task order(s) issued hereunder. The Contractor will be required to make necessary corrections at no cost to the Government when data or other items or services furnished by Contractor contain any negligent error, deficiency or inadequacy. The Contractor shall be responsible for the professional quality, technical accuracy, and coordination of all services required under this contract and subsequent task orders. The Contractor may be liable for Government costs resulting from negligent errors, deficiencies or inadequacies in information furnished under this contract and subsequent task orders.

H.8. CONTRACTOR LIABILITY - The Contractor shall be responsible for all damages to person and property which occur in connection with the work and services under this contract and subsequent task order(s) without recourse against the Government (See Section I clause “Insurance - Work on a Government Installation” and clause below “Liability” ).

LIABILITY. (FAR 28.307-2) (52.307-4002 Local)

(a) Worker's Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The

H-4 amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

H.9. TESTIMONY IN JUDICIAL PROCEEDINGS - The Contractor may be required to furnish competent personnel to attend conferences and furnish expert testimony relating to any of the data, report or other product developed and/or furnished under this contract. When required, arrangements for these services and payment therefore will be made by representatives of either the Corps of Engineers or the Department of Justice.

H.10. WAGE DETERMINATION - The wage determination attached in Section J of this contract is applicable to this procurement and is hereby incorporated and included in its entirely hereunder.

H.11. COMPLIANCE WITH APPLICABLE LAWS - The Contractor shall be responsible for insuring that the firm’s employees strictly observe the laws of the United States or other governing bodies affecting all operations at all sites. This shall include regulations imposed by military installations. The Contractor shall comply with all applicable laws under which they are operating including those concerning the inspection and operation of equipment and the licensing of personnel required under this contact.

H.12. CONTRACTOR PLANT IDENTIFICATION - The Contractor’s company name/logo shall be permanently and prominently affixed to the port and starboard sides of floating plant and to each side of all land vehicles deployed on an assigned project site. All floating plant shall clearly and conspicuously display Coast Guard personnel rating capabilities.

H.13. GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT - All manuals and other data furnished by the Contracting Officer shall be returned upon completion of this contract. Specific information pertinent to and furnished with each individual task order shall be returned within 30 calendar days after the date of acceptance of the work to be accomplished under the applicable task order.

H.14. CONTRACTOR FURNISHED EQUIPMENT/SUPPLIES- The Contractor shall

H-5 furnish all transportation, instruments, plant, tools, materials, supplies and related field and office equipment as necessary to perform the work outlined in Section C of this contract and subsequent task orders.

H.15. CLEARING - While accomplishing fieldwork, the Contractor shall insure that clearing or any detrimental activity through timberland, wetland or other environmentally sensitive area is the minimum required. This precaution should be taken due to the possibility that the Contractor may be held responsible for such actions. Bulldozers or other mechanized clearing equipment should not be used to expedite clearing operations except in unusual circumstances and then only after written approval by the Contracting Officer. All crop damage shall be reported quantitatively including the type of crop and specific location. All marketable timber, 18-inch butt and larger, cut or damaged shall be reported immediately. (See Section I, contract clause “Protection of Government Buildings, Equipment and Vegetation”).

End of Section H

GALVESTON DISTRICT OFFICE

P.O. BOX 1229

GALVESTON, TEXAS 77553-1229

GALVESTON DISTRICT OFFICE

P. O. BOX 1229

GALVESTON, TEXAS 77553-1229

The purpose of this amendment is to incorporate SECTION F and replace SECTIONS E, G and H with the attached sections. Questions have been received and are under review. Responses to questions will follow by separate amendment.

The closing date is hereby extended from 31 Mar 2009 to 7 Apr 2009, 3:00 p.m. CT.