Fairport,Amendment 2.doc.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

Update section 01 35 13 w ith the attached version.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY

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 W912P4-09-B-0005

X 9B. DATED (SEE ITEM 11)

16-Mar-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 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.

U0002

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Apr-2009

CODE

DEPARTMENT OF THE ARMY

USACE BUFFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P4-09-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The contractor period of performance end date has decreased by 18 days from 100 days to 82 days.

(End of Summary of Changes)

FAIRPORT HARBOR/GRAND RIVER MAINTENANCE DREDGING - FY09 FAIRDR09

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 35 13

SPECIAL PROJECT PROCEDURES

04/06

PART 1 GENERAL

1.1 SUBMITTALS

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.3 PROJECT/SITE CONDITIONS

1.3.1 Condition and Use of Project Site

1.3.2 Physical Conditions

1.3.3 Waterways Navigation, Traffic and Notice to Mariners

1.3.4 Navigation

1.3.5 Existing Vegetation, Structures, Equipment, Utilities &

Improvements

1.3.6 Condition of Channels

1.3.7 Temporary Lights, Signals and Buoys Required by the Coast Guard

1.3.8 Acceptance Section Lengths

1.3.9 Datums and Benchmarks

1.3.10 Submittals & Area Office Points of Contact

1.3.11 Notifications

1.3.12 Environmental Restrictions

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 ORDER OF WORK (Not Applicable)

3.2 GOVERNMENT-DESIGNATED DISPOSAL AREAS

3.2.1 Open-Lake Disposal Area

3.2.2 Nearshore Disposal Area

-- End of Section Table of Contents --

SECTION 01 35 13 Page 1

SECTION 01 35 13

SPECIAL PROJECT PROCEDURES

04/06

PART 1 GENERAL

1.1 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only or as otherwise designated. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section

01 33 00, "SUBMITTAL PROCEDURES":

SD-01, Data

Material Disposal Plan; G,AOF

Submit the proposed methods, equipment and layout for disposal of dredged material.

Schedule of Work

Contractor shall submit a complete Schedule of Work.

SD-07, Certificates

Notifications

Submit notification contacts, including date, time and individual contacted.

Notice to Mariners

A copy of the completed "NOTICE TO MARINERS" form shall be provided prior to the commencement of work.

SD-11, Closeout Submittals

Material Disposal Records

Records indicating quantity and location of dredged material placement within both the Government-furnished Open-Lake and Nearshore Disposal areas.

SECTION 01 35 13 Page 2

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

a. The Contractor shall be required to commence work under this contract within ten (10) calendar days after the date of receipt by the Contractor of the Notice to Proceed to prosecute said work diligently, and to complete the entire work ready for use not later than eighty-two

(82) calendar days from the date of receipt by the Contractor of the Notice to Proceed provided, that should the total quantitiy of material to be paid for actually removed under this contract exceed the limit established in the clause entitled "Variations in Estimated Quantities-Dredging", additional time will be allowed at the rate of one (1) calendar day for each 4,000 cubic yards for the Inner Harbor & Grand River (Open-Lake Disposal) and 3,000 cubic yards for the Lake Approach Channel (Nearshore Disposal), in excess of the established limit. Of this eighty-two (82) day performance period, thirty (30) days have been allocated for submittal review and approval. The time stated for completion shall include final clean-up of the premises.

Additionally, the time period between the date of the Notice to Proceed and the opening date of the Environmental Window is reserved for administrative work (submittals, mobilization, etc.) and actual dredging of Fairport Harbor & Grand River shall not commence until the opening date of the Environmental Window. The Contractor shall comply with the milestone schedule below. Time extensions will be granted based upon the quantity of material and the dredging rate indicated above, if the Option item is exercised.

Milestone Maximum Calendar Days After Receipt of Notice to Proceed

Commence Work (Submittals, Administration, etc.) 10

Commence Actual Sediment Removal Operations (Subject to Compliance with the Environmental Window) 40

Complete Entire Work 82

b. The Notice to Proceed will be issued on or about 5/22/2009.

c. Environmental Window. The Fairport Harbor & Grand River has a limited dredging based upon environmental conditions. The Contractor shall be allowed to dredge Fairport Harbor & Grand River only within the Environmental window of 1 July and 15 September. If the Optional Dredging amounts are exercised, the Government will be responsible for obtaining an extension to the Environmental Window through Ohio Environmental Protection Agency, should that become necessary. The Contractor shall adhere to these dredging restrictions and schedule his work accordingly.

SECTION 01 35 13 Page 3

d. Schedule of Work. The Contractor shall submit a complete schedule of work covering the period of time from the Notice of Award through the specified duration of the contract, including all private and Government work, and the plant intended for each project, to the Contracting Officer within ten (10) calendar days of receipt of the Notice of Award.

e. Earnings and Cost Projections. In conjunction with the schedule submittal requirements specified in Contract Clause (Section 00700) entitled "Schedules for Construction Contracts", the Contractor shall submit a monthly Summary of Earnings and Cost Projections to the Contracting Officer with each payment application. Payment requests will not be processed unless accompanied by an updated monthly summary report. The summary shall include actual billings, accruals, and projections of costs for each month remaining in the fiscal year (i.e., 1 October 2008 - 30 September 2009). Updated earnings and cost projections for the current month shall be presented along side accrual information from the previous month. Actual payments made may not include all of the earned value of work performed in a given month.

Accruals are used to provide projections of the incremental costs not yet paid for, but earned. Consequently, there may be instances where both actual payments and an accrual must be entered for the current month. Accruals may also be entered for previous months where no billings/payments have been made but work has been accomplished. The summary shall correspond to the following tabular format (The figures shown are for example purposes only).

Current Earnings & Cost Projections Maintenance Dredging Fairport Harbor Phase(i.e., Construction) For Month Ending December 2009

Actual Cumulative = Month Billings Projections Actuals + Projections

October 2008 $0 $0 $0 November 2008 $0 $0 $0 December 2008 $0 $0 $0 January 2009 $0 $0 $0 February 2009 $0 $0 $0 March 2009 $0 $0 $0 April 2009 $0 $0 $0 May 2009 $10,538 $11,125 $21,663 June 2009 $21,539 $20,639 $63,841 July 2009 $537,281 $532,154 $1,133,276 August 2009 $460,389 $479,816 $2,073,481 September 2009 $0 $0 $0_____ Total $1,029,747 $1,043,734 $2,073,481

SECTION 01 35 13 Page 4

Current Earnings & Cost Projections Maintenance Dredging Fairport Harbor Project Phase(i.e., Construction) For Month Ending January 2009

Actual Cumulative = Month Billings Projections Actuals + Projections

October 2008 $0 $0 $0 November 2008 $0 $0 $0 December 2008 $0 $0 $0 January 2009 $0 $0 $0 February 2009 $0 $0 $0 March 2009 $0 $0 $0 April 2009 $0 $0 $0 May 2009 $9,793 $10,831 $20,624 June 2009 $22,438 $21,583 $64,645 July 2009 $529,369 $535,128 $1,129,142 August 2009 $479,278 $495,201 $2,103,621 September 2009 $0 $0 $0____ Total $1,040,878 $1,062,743 $2,103,621

1.3 PROJECT/SITE CONDITIONS

1.3.1 Condition and Use of Project Site

The drawings indicate elevations and the reference drawings indicate the latest sounding information at the dredging site. A notification of at least five (5) calendar days shall be given to the Contracting Officer prior to bringing any dredging/construction equipment or material to the work site. The Contractor shall be responsible for damages that may be suffered due to his operations. The Contractor shall note Clause entitled "Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements."

1.3.2 Physical Conditions

The physical conditions shown on the drawings are indicative of those that prevailed at the time of the site investigations and may be different than those at the time of dredging. Significant variations that would require changes to the plans and/or specifications shall be reported to the Contracting Officer immediately.

1.3.3 Waterways Navigation, Traffic and Notice to Mariners

There is a heavy amount of traffic in Fairport Harbor & Grand River consisting of fishing boats, recreational boats, tugs, barges, and all classes of lake vessels varying in length to a maximum of 620 feet. To prevent any delays to the shipping industry, there shall be no mooring of dredging equipment in any of the the turning basins. The Contractor shall acquaint himself with all information and regulations pertaining to navigation & vessel traffic within the waterways and shall coordinate with the U.S. Coast Guard Offices indicated in paragraph entitled

SECTION 01 35 13 Page 5

"Notifications" of this Section, to assure that a "NOTICE TO MARINERS" is issued prior to his work activity at the project site. A copy of the requisite notice form is included within Section 00100 "BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS" clause entitled "List of Attachments".

The completed form shall be sent to the address stated in subparagraph entitled "Temporary Lights, Signals and Buoys Required by the U.S. Coast Guard". The Government will not undertake to keep the waterways free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917 (see Title 33 U.S.C.A. Sec. 1). The Contractor is further required to conduct his work in such a manner as to obstruct navigation as little as possible and, in case, the Contractor's plant so obstructs a channel as to make it difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford practicable passage. Upon completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under the contract in navigable waters or on shore.

1.3.4 Navigation

The work areas in the Harbor & River are considered sheltered, although they may be subject to wave action. Work areas in the laike approach channel are subject to lake storms from all quarters. The sites of both the Open-Lake & Nearshore Disposal areas are subject to storms from all quarters. The Contractor shall comply with all Federal, state and local regulations governing the use of the harbor. Information and regulations pertaining to navigation may be obtained from the current issue of the "United States Coast Pilot 6", issued annually by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). The "United States Coast Pilot 6" may be obtained from National Ocean Survey, NOAA, Distribution Division-C44, Riverside, Maryland 20840.

1.3.5 Existing Vegetation, Structures, Equipment, Utilities & Improvements

General locations of applicable existing utilities, vegetation, structures, equipment and improvements, based upon latest information available to the Government have been shown on the drawings. However, it is the responsibility of the Contractor to establish the exact horizontal and vertical location and size of all existing utility lines which are located within the required work area. The Contractor shall confer with the owners of the crossings regarding their exact locations and elevations and will be held responsible for any damages done to them by the dredging operations.

Any utility lines that are not found by the Contractor, but are known to exist at the project site, shall be reported to the Contracting Officer immediately. If the Contractor damages any existing utility line, vegetation, structure, equipment or improvement, a report thereof shall be made immediately to the Contracting Officer. In any event, existing utility lines, vegetation, structures, equipment or improvements shall be protected from damage, and if damaged, shall be repaired by the Contractor at his own expense.

SECTION 01 35 13 Page 6

1.3.6 Condition of Channels

The harbor is periodically dredged totally, or in part, depending upon sediment build-up over the year. Project condition sounding drawings showing the depths prior to maintenance dredging in previous years are available on the web at http://www.lrb.usace.army.mil/WhoWeAre/WaterMgmt/survey/survey.html.

Previous years drawings are to be considered for information only, and should not be considered representative of current conditions.

1.3.7 Temporary Lights, Signals and Buoys Required by the Coast Guard

All temporary lights, signals and buoys required by the U.S. Coast Guard must be displayed during the project work. Information regarding required signals, lights, buoys and other requirements may be obtained from the Commander OAN), U.S. Coast Guard, Shore Maintenance Detachment, ATTENTION:

Aids to Navigation Branch, 1240 East Ninth Street, Cleveland, Ohio 44199-2060, Telephone (216) 522-3990.

1.3.8 Acceptance Section Lengths

Acceptance section lengths shall be as described in Section 01 22 00.00 10, "MEASUREMENT AND PAYMENT" paragraph entitled "Acceptance Section Lengths".

1.3.9 Datums and Benchmarks

The plane of reference of low water datum as used in these specifications is that determined by the following bench marks:

a. B.M. L 321 (1981), In Grand River, at the junction of Singer Street (State Highway 283) and River Street, the mark is at the north corner of the East Shore Center Academy Building, 10.05 meters (33.0 feet) east of the east corner of the Asphalt Basketball Court, 4.2 meters (13.8 feet) southwest of the southwest edge of the sidewalk,

2.01 meters (6.6 feet)northeast of the north corner of the Building and in line with the nortwest face of the Building. The mark is above level with the sidewalk. Elevation: 610.11 ft.

b. B.M. Y 323 (1981), 1.1 kilometers (0.7 miles) west along State Route 283 from the junction of State Highway 2 in Painsville, to the Richlawn Apartments at the west angle of the junction of Route 283 and Newell Street, 8.38 meters (27.5 feet) southwest of the centerline of the Highway, 9.24 meters (30.3 feet) northwest of the north end of the northwest brick wall at the entrance to the Apartments, 6.71 meters (22.0 feet) northwest of a manhole, and 1.07 meters (3.5 feet) northeast of a row of poplar tress. The mark is above level with highway. Elevation: 616.08 ft.

c. B.M. Z 323 (1981), In Painesville, 0.24 kilometers (0.15 miles) northwest along State Highway 283 from the junction of State Highway 2, to a point where State Highway 283 turns left and the mark on the left,

2.99 meters (9.8 feet) southwest of the southwest curb of the Highway,

0.85 meters (2.8 feet) northwest of a utility pole with three guy wires and a street lamp, and 0.55 meters (1.8 feet) southwest of the southwest edge of a sidewalk. The access cover is missing.

Elevation: 618.15 ft.

SECTION 01 35 13 Page 7

The plane of low water datum is 569.2 feet above mean level at Rimouski, Quebec (IGLD-1985) (International Great Lakes Datum 1985).

1.3.10 Submittals & Area Office Points of Contact

Submittals shall be transmitted to the following individual:

Department of the Army U.S. Army Engineer District, Buffalo Cleveland Area Office 1035 East 9th Street Cleveland, OH 44114 Tel.: (216) 685-1206 - Tel.

Fax: (216) 522-2470 - Fax

1.3.11 Notifications

Within five (5) days of completing the notifications required under this contract, the Contractor shall submit to the Contracting Officer, written verification of these notifications, including the date, time and the name of the point of contact with whom correspondence occurred.

a. The Contractor shall notify the Shore Maintenance Detachment, 9th Coast Guard District, Aids to Navigation, Sector Buffalo, phone (716) 843-9524 (1240 E. Ninth Street, Cleveland, OH 44199-2060, phone (216) 522-7601), at least seventy-two (72) hours prior to commencement of dredging, concerning the presence of Coast Guard-owned cables/buoys and the necessary action and coordination to prevent cable/buoy damage or removal.

b. The Contractor shall advise the U.S. Coast Guard, 9th District Marine Safety Office, Aids to Navigation, Sector Buffalo (Cleveland, Ohio) regarding the "Notice to Mariners" requirements of this contract.

c. The Contractor is required to notify the Lake Erie Section, Ohio Geological Survey, 305 East Shoreline Drive, Sandusky, Ohio 44870, in writing, with a copy to the Contracting Officer, four (4) days in advance of Nearshore Disposal and again when it has been completed.

d. The Contractor shall notify the Ohio Environmental Protection Agency, both the Section 401 Coordinator (P.O. Box 1049, 1800 Watermark Drive, Columbus, OH 43266-0149, Phone: (614) 644-3020, and the Northeast District Office (2110 East Aurora Road, Twinsburg, OH 44087, Phone: (330) 963-2100, at least three (3) days prior to commencement of dredging work, concerning the initiation of dredging operations.

e. The Contractor shall notify the Lake County Department of Utilities, Water Treatment Plant, Mr. Albert Saari, PE, Phone(440) 350-2652, prior to the beginning of dredging operations.

SECTION 01 35 13 Page 8

f. The Contractor shall contact the local U.S. Coast Guard (9th District Marine Safety Office, indicated above and/or web location:

http://www.navcen.uscg.gov/lnm/default.htm), and the most recent Federal Register for more specific information and marine events which may effect the dredging, transportation and disposal operations. The Contractor is advised that at the present time there are no marine events scheduled within the proposed work areas however, a Fireworks display @ Mentoor Lagoons is traditional for the period around the 4th of July. Additionally the Contractor is advised that contact with the indicated agencies regarding marine events is an ongoing requirement.

1.3.12 Environmental Restrictions

The Contractor will adhere to all provisions set forth in the 401 Water Quality Certification documents and will maintain a copy of this document on the dredging vessel during the entire duration of dredging operations.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 ORDER OF WORK (Not Applicable)

3.2 GOVERNMENT-DESIGNATED DISPOSAL AREAS

3.2.1 Open-Lake Disposal Area

The designated Open-Lake Disposal area is shown on the contract drawing.

The following guidelines shall be adhered to when disposing of dredged material in the Government-designated Open-Lake Disposal Area:

a. Procedure. Only materials dredged from the Inner Harbor and Grand River shall be discharged in the Open-Lake Disposal Area, as indicated on the contract drawing. Dredging shall be conducted in such a manner which will prevent spillage or discharge of dredged material between the dredging location and the disposal area. The Contractor is restricted to placement of dredged material to the eastern half of the Open-Lake Disposal area, commencing at the center of that area.

Additionally, the Open-Lake Disposal area shall be plainly marked, by the Contractor, with conspicuous buoys that shall have reflective tape or markers, and comply with the requirements as set forth in paragraph entitled "Temporary Lights, Signals and Buoys Required by the Coast Guard" of this section.

b. Limits on Open-Lake Disposal. Discharge of approximately 160,000 cubic yards of dredged material into the Open-Lake Disposal Area has been authorized under Section 404 of the Clean Water Act.

3.2.2 Nearshore Disposal Area

The designated Nearshore Disposal area is shown on the contract drawing.

The following guidelines shall be adhered to when disposing of dredged material in the Government-designated Nearshore Disposal Area:

SECTION 01 35 13 Page 9

a. The channel north of Station 24+00 contains sediments which shall be disposed of in the Nearshore Disposal area, which is located near Painesville-on-the-Lake, Ohio, and is shown on the contract drawing.

Disposal will be designated in one of the three (3) indicated "Option" areas, based upon the Option that is exercised by the Government (See Section 00010, "SOLICITATION, OFFER AND AWARD (SFD 1442), AND BIDDING SCHEDULE"). The Contractor is restricted to placement of dredged material to the eastern half of the Nearshore Disposal area, irrespective of the depth at which it is placed, and commencing at the center of that area. Additionally, the area that is exercised by the Government to be used for placement of dredged material shall be plainly marked, by the Contractor, with conspicuous buoys that shall have reflective tape or markers, and comply with the requirements as set forth in paragraph entitled "Temporary Lights, Signals and Buoys Required by the Coast Guard" of this section.

b. Limits on Nearshore Disposal. Discharge of approximately 90,000 cubic yards of dredged material into the Nearshore Disposal Area has been authorized under Section 404 of the Clean Water Act.

-- End of Section --

SECTION 01 35 13 Page 10