Amendment 8.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

Answ er final questions, incorporate additonal clause, and update w age determination.

1. CONTRACT ID CODE PAGE OF PAGES

FAR (48 CFR) 53.243

1 3

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

16C. DATE SIGNED

BY 03-Sep-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 W912P4-09-B-0010

X 9B. DATED (SEE ITEM 11)

31-Jul-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.

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

6. ISSUED BY

3. EFFECTIVE DATE

03-Sep-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-0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

AMENDMENT 8

1. Is it the intent of this contract to only haul materials that are acceptable to be disposed of / managed as non-impacted (below industrial standards-suitable for Brownfield fill standards) / non-hazardous materials?

Answer: The intent of the solicitation is to restore capacity within the facility for retaining materials dredged from the navigation channels of Cleveland Harbor. Per the solicitation, the concentrations of constituents from prior sampling in the materials found within the Cleveland 10B CDF would not preclude its use in a beneficial manner. Analysis of samples obtained from the material in Cleveland 10B CDF indicates it should be acceptable for use under Ohio EPA’s VAP for brownfield reclamation in a construction, industrial, or commercial setting.

2. If impacted / hazardous materials are encountered on-site, will the USACE pay for additional testing to delineate boundaries of impact?

Answer: Per Amendment 4 to the solicitation, the Government is not aware of any hazardous material at the work site. Any hazardous material encountered will be treated as a differing site condition.

3. If materials are required to go to a subtitle D (or equivalent) facility, will the USACE compensate the contractor as a changed condition?

Answer: See answers to question #1 and question #2.

4. If the intent is to leave impacted/hazardous materials on-site, and impacted / hazardous materials are discovered, will the contractor be expected to excavate beyond elevation 0 or current water table elevation to achieve contract quantities?

Answer: Per amendment 4 to the solicitation, any hazardous material encountered will be treated as a differing site condition.

5. At what point is the contractor’s efforts deemed sufficient according to the USACE’s needs / contract to the extent that all reasonably achievable non-impacted soils have been excavated?

Answer: Per Section 01 22 00, the contractor is required to perform intermediate surveys for partial payment requests.

6. Does the excavated soil meet the Voluntary Action Program (VAP) standards as Commercial fill void of Governmental Regulatory Fees?

W912P4-09-B-0010

Answer: See answer to question #1.

7. Is there a Corps sanctioned soil analysis addressing the hazardous material status of the materials to be removed? If not, is a hazardous material investigation/report required to be provided by the contractor?

Answer: See Answer to #2 above. The Government is not requiring the contractor to submit a hazardous material investigation/report; however, the contractor is required to comply with FAR clause 52.236-7, Permits and Responsibilities.

8. Will actual material disposal fees and trucking costs be covered if the City of Cleveland disposal site mentioned in Section 01 35 13, Part 3, of the Bid Documents, is not available?

Answer: The Government is not dictating the disposal site. The successful bidder will be paid the unit rate offered in response to this solicitation, in any resultant contract, regardless of the disposal site used.

9. We understand that coordination will be required for dredge material placement operations to be performed by other Corps contractors on the eastern end of CDF 10B. If it is not possible to allow uninterrupted production of both contractors simultaneously, will additional time be added to the impacted contractors’ allowed time to complete?

Answer: Please see solicitation clause 52.236-8, Other Contracts. Bidders should consider the potential impacts of operations by other parties in their offer.

10. Are the results of the Government’s field survey (noted as being complete in Amendment 0004) available yet and has the project base mapping (also mentioned in Amendment 0004) been completed?

Will the bid date be adjusted to allow full consideration of this information, once it is available?

Answer: Surveys are not available yet and the project base mapping has not been completed. The bid date will not be adjusted.

Other changes:

FAR Clause 52.211-18, Variation in Estimated Quantity, is hereby incorporated into the solicitation by reference.

(End of Summary of Changes)