AMENDMENT 0006 IHC FAC OPS.pdf

W81G6610424231

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

SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. W912P6-11-R-0008, “ INDEFINITE DELIVERY, INDEFINITE QUANITITY CONTRACT FOR INDIANA HARBOR & CANAL CONFINED DISPOSAL FACILITY OPERATIONS AND SUPPORT SERVICES (INCLUDES DREDGING ACTIVITIES)”

A. THIS AMENDMENT IMPLEMENTS THE FOLLOWING CHANGE TO SPECIFICATION SECTION 01 22 00.00 03:

A sentence w as added to paragraph 1.2.1.1. of Specification Section 01 22 00.00 03, noting that emission control is incidental to Bid Item “Mechanical Dredging & Transportation to CDF, Hydraulically Off-load/Distribute Sediment,” re: 0001AF, 0002AE, 0003AE, 0004AE, and

0005AE .

B. In this Amendment, the USACE responds to a Contractor’s inquiry – SEE NEXT Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 26-Aug-2011

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 W912P6-11-R-0008

X 9B. DATED (SEE ITEM 11)

22-Jul-2011

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

26-Aug-2011

CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

111 NORTH CANAL STREET SUITE 600

CHICAGO IL 60606-7206

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P6-11-R-0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

C. CONTRACTOR’S INQUIRY ‐ USACE’S RESPONSE:

INQUIRY:

It is understood through solicitation documents and the pre‐bid meeting that air emissions control is a critical component for a successful project. Due to the nature of the sediment and the variability of the VOC within the sediment or predominance of one particular VOC, various response methodologies may be required to control emissions. Additionally, given the size of each cell and the probability that ponding of water will not occur in the first two years of work, thereby eliminating one method of control for emissions, the variability of contractor responses will vary greatly dependent upon an individual contractor’s historic experience with the type of sediment found within the Indiana Harbor.

Given the size and scope of the emissions problem, it would seem that a contractor could put anywhere from a nominal amount to a substantial amount of money, incidental to its dredging, within its bid to accommodate emissions control. Some of the suggested courses of action, tarping the CDF or foaming the entire CDF, have associated costs that could exceed all dredging costs.

Given the variability associated with the emissions control item, would the District contemplate a separate bid item where a dollar allowance is given to each contractor for emissions control, thereby giving the government a method to compare each bid on an even basis?

USACE’S RESPONSE:

Agreed that there is likely to be variability in the emissions, depending on how the contractor manages sediment off‐loading, variability due to sediment and weather conditions, etc. The Government has not specified a separate line item for emission control because the response to emissions is performance based and not prescriptive. Since there is such a large range of possible responses, the Government leaves the management of sediment placement and the control of emissions to the contractor to determine the best performance alternatives, as well as the most cost effective options. Air emission controls are incidental to the bid item Mechanical Dredging & Transportation to CDF, Hydraulically Off‐load/Distribute Sediment.

D. In response to the aforementioned inquiry, a sentence was added to paragraph 1.2.1.1. of Specification Section 01 22 00.00 03, noting that emission control is incidental to Bid Item “Mechanical Dredging & Transportation to CDF, Hydraulically Off‐load/Distribute Sediment,” re: 0001AF, 0002AE, 0003AE, 0004AE, and 0005AE. In Specification Section 35 20 23.00 03, paragraph 1.6.f and paragraph

3.5 already discuss emission control requirements and the Contractor must propose emission controls as part of the dredging plan submittal. – The relevant Specification Page has been incorporated herein and replaces the respective page previously issued under the RFP.

E. This Amendment does not extend the Proposal Due Date & Time; THEREFORE, Proposals remain due to the USACE‐Chicago District by 4:30p.m. CDT on August 31, 2011.

F. The Point of Contact for this Amendment is Regina Blair at 312‐846‐5371

END OF AMENDMENT 0006

IHC CDF Facility Operations & Dredging W912P6-11-R-0008

1.1.26 CDF Facility Maintenance (Bid Items 0001BM, 0002BP, 0003BP, 0004BP, 0005BS)

1.1.26.1 Payment

Payment will be made at the contract lump sum price for all labor, materials, equipment needed to perform the CDF Facility Maintenance activities defined in Section 01 93 10.00 03 CDF FACILITY MAINTENANCE PROCEDURES. Facility Maintenance in this case refers to activities including but not limited to routine surveillance and monitoring, dike monitoring, maintenance of dike monitoring wells including repair and/or replacement of transducers as needed, recording deficiencies and corrective actions, applying appropriate corrective actions, participating in dam safety training and in periodic inspections. Facility Maintenance does not include routine mowing, janitorial, snow removal or other tasks identified in Section 01 10 00 SUMMARY OF WORK as being performed by the Government.

1.1.26.2 Unit of Measure

Unit of Measure: Lump Sum (LS)

1.2 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this contract on which the contract unit price payments will be made are listed in the BIDDING SCHEDULE and described below. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated in the Schedule. Notwithstanding any other contract requirements, the Contractor shall never exceed the maximum quantity ordered in any task order. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

1.2.1 Mechanical Dredging & Transportation to CDF, Hydraulically Off-load/Distribute Sediment (Bid Items 0001AF, 0002AE, 0003AE, 0004AE, 0005AE)

1.2.1.1 Payment

Payment for mechanical dredging and handling, transporting, off-loading and disposing of dredged sediment into the CDF will be made at the contract unit price per cubic yard as described in Section 35 20 23.00 03 MECHANICAL DREDGING, TRANSPORTATION, AND DISPOSAL. Existing conditions shown on the drawings indicate conditions at the time of survey. Actual conditions may vary. Monthly partial payments will be based on approximate quantities determined by the progress payment quantity surveys taken by the Contractor or other means acceptable to the COR. All survey shall be performed in accordance to Section 35 20 23.00 03 MECHANICAL DREDGING, TRANSPORTATION, AND DISPOSAL, paragraph "Measurement". The Contractor shall dredge the sediment at the locations specified in the individual task orders awarded under this contract, and within those areas, at locations identified by the Contracting Officer's Representative. This pay item does not cover the dredging, transportation and disposal of debris. Emission control is incidental to this bid item, as described in Section 35 20 23.00 03.

SECTION 01 22 00.00 03 - Page 13

AMD-0006