Amend-0003_W9126G-16-B-0003.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

The purpose of this amendment is detailed in the pages follow ing.

THE BID OPENING DATE IS NOT EXTENDED.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 83

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 W9126G-16-B-0003

X 9B. DATED (SEE ITEM 11)

04-Mar-2016

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 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

27-Apr-2016

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9126G-16-B-0003

A0003-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-16-B-0003, Galveston Intracoastal Waterway, Texas, Galveston Causeway Galveston County, Texas, Underwater Demolition and Debris Removal are hereby amended as follows:

a) Specifications.

(1) SECTION 00 11 00.00 45, BID SCHEDULE – The enclosed SECTION 00 11 00.00 45, entitled BID SCHEDULE, supersedes that issued with this Solicitation.

(2) SECTION 00 73 00.01 45, SPECIAL CONTRACT REQUIREMENTS, STANDARD – The enclosed SECTION 00 73 00.01 45, entitled SPECIAL CONTRACT REQUIREMENTS, STANDARD, supersedes that issued with this Solicitation.

(3) SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

– The enclosed SECTION 01 10 00.00 45, entitled NON-REGULATED SPECIAL CONTRACT REQUIREMENTS, supersedes that issued with this Solicitation.

(4) SECTION 01 22 00.10, MEASUREMENT AND PAYMENT – The enclosed SECTION 01 22 00.10, entitled MEASUREMENT AND PAYMENT, supersedes that issued with this Solicitation.

(5) SECTION 01 35 26.01 45, GOVERNMENTAL SAFETY REQUIREMENTS – The enclosed SECTION 01 35 26.01 45, entitled GOVERNMENTAL SAFETY REQUIREMENTS, replaces that issued with this Solicitation.

(6) SECTION 02 41 16.01 45, UNDERWATER DEMOLITION AND DEBRIS REMOVAL –

The enclosed SECTION 02 41 16.01 45, entitled UNDERWATER DEMOLITION AND DEBRIS REMOVAL, supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWINGS NO. 1 THROUGH 19 - The enclosed Drawings No. 1 through 19, supersedes that issued with this Solicitation. Entire package included, amended sheets are appropriately marked.

2. This amendment shall be attached to and become a part of the solicitation.

7 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 00 73 00.01 45, SPECIAL CONTRACT REQUIREMENTS, STANDARD

3. SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

4. SECTION 01 22 00.10, MEASUREMENT AND PAYMENT

5. SECTION 01 35 26.01 45, GOVERNMENTAL SAFETY REQUIREMENTS

6. SECTION 02 41 16.01 45, UNDERWATER DEMOLITION AND DEBRIS REMOVAL

7. DRAWINGS NO. 1 THROUGH 19

SWG FILE NO.:IWW 1101-292 SOLICITATION NO.: W9126G-16-B-0003

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

1.2 MODIFICATIONS (CESWG)

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

(TO BE INCLUDED WITH AMENDMENT NO. 0003 TO SOLICITATION NO. W9126G-16-B-0003)

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 BID SCHEDULE

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $___________

0002 Underwater Demolition and Mechanical Dredging -- Concrete Debris

0002A First 1,000 Tons 1,000 TON $__________$___________

0002B Next 500 Tons 500 TON $__________$___________

0002C Next 500 Tons 500 TON $_________ $___________

0003 Underwater Demolition and Mechanical Dredging -- Miscellaneous Debris

0003A First 500 Tons 500 TON $_________ $_________

0003B Next 250 Tons 250 TON $_________ $___________

0003C Next 250 Tons 250 TON $_________ $___________

0004 Mechanical Dredging of Sediment 1 JOB SUM $___________

TOTAL SCHEDULE NO. 1 $___________

DOCUMENT 00 11 00.00 45 Page 2

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.2 MODIFICATIONS (CESWG)

If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment of each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (FAR

52.211-10)

1.2 PHYSICAL DATA (APR 1984) (FAR 52.236-4)

1.3 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991) (DFARS

252.236-7004)

1.4 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000) (FAR 52.211-12)

1.5 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)(DFARS 252.236-7002)

1.6 LIABILITY (APR 1984) (FAR 28.307-2)

1.7 (SCR-S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

DOCUMENT 00 73 00.01 45 Page 1

SECTION 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (FAR

52.211-10)

The Contractor will be required to:

(a) Commence work under this contract within 10 calendar days after the date of acknowledgement of Notice to Proceed

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 150 calendar days after date of acknowledgment of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

1.2 PHYSICAL DATA (APR 1984) (FAR 52.236-4)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by survey.

(b) Weather Conditions. Under ordinary conditions, the mean tidal range is about 1.5 feet. The height of tide is largely dependent on the force, direction, and duration of the wind. Strong northerly winds may depress the water surface as much as, and in some instances more than 2 feet below Mean Low Tide (MLT), while southerly winds may raise the water surface as much as, and in some instances more than 4 feet above MLT.

(c) Transportation Facilities. The immediate vicinity is served by railroad, highway, and deep and shallow draft channels including the Gulf Intracoastal Waterway, Houston Ship Channel, Galveston Harbor and Channel, and Texas City Channel. The work site is accessible by water via the Gulf Intracoastal Waterway.

(d) Condition of Channel. The general shape of the existing section of channel is shown by cross sections on the Contract drawings.

(e) Channel Traffic. Channel traffic consists of (small boats of various sizes, fishing vessels, ferries, tugs, tows consisting of a tug and one or more barges). Traffic will interfere with mechanical dredging, demolition and debris removal operations to some extent.

DOCUMENT 00 73 00.01 45 Page 2

1.3 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(DFARS 252.236-7004)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty (60) percent of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty (40) percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in Paragraphs (a)(1) and (2) of this Clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization;

and

(iii) The remainder of this item in the final payment under this Contract.

(2) The Contracting Officer's determination of the actual costs in Paragraph (b)(1) of this Clause is not subject to appeal.

1.4 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000) (FAR 52.211-12)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $917.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

1.5 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)(DFARS 252.236-7002)

(a) The Contractor shall

(1) Promptly recover and remove material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, sinks, or misplaces and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such

DOCUMENT 00 73 00.01 45 Page 3 obstructions until the same are removed.

(b) The Contracting Officer may

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due the Contractor, or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410, et seq).

1.6 LIABILITY (APR 1984) (FAR 28.307-2)

(a) Workmen's compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' 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 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

DOCUMENT 00 73 00.01 45 Page 4 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.

1.7 (SCR-S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://rms.usace.army.mil/) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data;

ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the

DOCUMENT 00 73 00.01 45 Page 5 contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Document --

DOCUMENT 00 73 00.01 45 Page 6

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 QUANTITY OVERRUNS (CESWG)

1.1.1 Modification

1.1.2 Directions

1.1.3 Notice and Corrective Action

1.2 SIGNAL LIGHTS (CESWG)

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER

415-1-15)

1.3.1 General

1.3.1.1 Unusually Severe Weather

1.3.1.2 Completion Delay

1.4 LAYOUT OF WORK (CESWG)

1.5 DAMAGE TO WORK (CESWG)

1.6 CERTIFICATES OF COMPLIANCE (CESWG)

1.7 ENVIRONMENTAL LITIGATION (CESWG)

1.7.1 Suspension of Work

1.7.1.1 Definition

1.8 NATIVE AMERICAN GRAVES PROTECTION (CESWG)

1.8.1 Native American Graves Protection and Repatriation Act

1.8.2 Discovered Items

1.8.3 Notification of Discovery

1.8.4 Resuming Activity

1.9 INSPECTION (CESWG)

1.9.1 Equipment

1.9.2 Transportation

1.10 CONTRACTING OFFICER SIGNATURE (CESWG)

1.11 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

1.12 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.12.1 General

1.12.2 Regulations

1.13 VEHICLE INSURANCE (CESWG)

1.14 LIABILITY (CESWG)

1.14.1 General Liability

1.14.2 Automobile Liability

1.14.3 Aircraft Public and Passenger Liability

1.14.4 Vessel Liability

1.15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(CESWG)

1.15.1 Allowable Cost

1.15.2 Equipment Rental Costs

1.15.3 Actual Equipment Costs

1.16 COORDINATION MEETINGS (CESWG)

PART 2 PRODUCTS (Not Used)

SECTION 01 10 00.00 45 Page 1

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 10 00.00 45 Page 2

SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 QUANTITY OVERRUNS (CESWG)

This provision pertains to items in the Bid Schedule which are unit-priced. The Contractor is cautioned that funding on this Contract is based on the quantities shown in the Bid Schedule. Therefore, the Contractor shall not exceed the estimated quantities in the Contract Line Items without prior specific authorization, and only with a signed modification issued by the Contracting Officer. The Contractor will specifically notify the Contracting Officer, in writing, once the Contractor reaches approximately 75 percent of the quantities specified in the Contract line items. This notification will be separate and in addition to other reporting required elsewhere in this Contract. It is preferred that the Contractor notify the Government as soon as it recognizes that the estimated quantities are not sufficient to complete the work indicated and specified. The Contractor shall not exceed the estimated quantities in the Contract Line Items without prior authorization and only with a signed modification issued by the Contracting Officer as specified herein.

1.1.1 Modification

If the Contractor exceeds the estimated quantities without a signed modification in place, it will be considered as unauthorized work, for which the Contractor may not be reimbursed. Once the potential quantity overrun is identified, the Contracting Officer may, among other options, provide additional funds (if available) to complete the work and equitably adjust the quantities in the Contract Line Item(s), modify the work to match the estimated quantities, consider the Contract complete once the contractually indicated quantities have been reached or terminate the Contract for the convenience of the Government.

1.1.2 Directions

Directions will be addressed through a formal Contract modification and no work in excess of the contractually-indicated quantities shall be performed without an official modification.

1.1.3 Notice and Corrective Action

This provision shall not be interpreted as an order for the Contractor to stop work upon reaching 75 percent of the estimated quantities, it merely requires notice and potential corrective action at that point. However, absent further specific direction, the Contractor shall be prepared to stop work at no additional cost to the Government once 100 percent of the Line Item quantities have been obtained.

SECTION 01 10 00.00 45 Page 3

1.2 SIGNAL LIGHTS (CESWG)

The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and of the U.S. Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International - Inland (COMDTINST M16672.2) or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER 415-1-15)

1.3.1 General

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled DEFAULT (FIXED-PRICE CONSTRUCTION). For the Contracting Officer to award a time extension under this CLAUSE, the following conditions shall be satisfied.

1.3.1.1 Unusually Severe Weather

The weather experienced at the project site during the Contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

1.3.1.2 Completion Delay

The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

1.4 LAYOUT OF WORK (CESWG)

The Contractor shall lay out its work from Government-established ranges and gages shown, and shall be responsible for the measurements in connection therewith. The Contractor shall furnish, at its expense, stakes, templates, platforms, equipment, range markers, and labor as may be required to lay out any part of the work from the ranges and gages established by the Government. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving the stakes and other markers established by the Contracting Officer until authorized to remove them. If these markers are destroyed by the Contractor or through its negligence before their removal is authorized, they may be replaced by the discretion of the Contracting Officer. The expense of replacement will be deducted from the amounts due or to become due, to the Contractor.

1.5 DAMAGE TO WORK (CESWG)

The responsibility for damage to any part of the permanent work shall be as set forth in the CONTRACT CLAUSE entitled PERMITS AND RESPONSIBILITIES.

However, if in the judgment of the Contracting Officer, any part of the

SECTION 01 10 00.00 45 Page 4 permanent work performed by the Contractor is damaged by flood, earthquake, hurricane or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for these repairs will be made at the applicable Contract unit or lump sum price as fixed and established in this Contract. If, in the opinion of the Contracting Officer, there are no Contract unit or lump sum prices applicable to any part of this work an equitable adjustment pursuant to the CONTRACT CLAUSE entitled CHANGES of this Contract, will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable Contract unit or lump sum prices. Except as herein provided, damage to all work, including temporary construction;

utilities; materials; equipment; and plant shall be repaired and approved at the Contractor's expense regardless of the cause of this damage.

1.6 CERTIFICATES OF COMPLIANCE (CESWG)

Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three copies. Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.7 ENVIRONMENTAL LITIGATION (CESWG)

1.7.1 Suspension of Work

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine if the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this Contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a subcontractor at any tier other than as required by the terms of this Contract, this suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this Contract under the terms of the CONTRACT CLAUSE entitled SUSPENSION OF WORK. The period of this suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for an increase in the cost of performance of this Contract, excluding profit, as provided in that CLAUSE, subject to the provisions thereof.

1.7.1.1 Definition

The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

SECTION 01 10 00.00 45 Page 5

1.8 NATIVE AMERICAN GRAVES PROTECTION (CESWG)

1.8.1 Native American Graves Protection and Repatriation Act

The Native American Graves Protection and Repatriation Act, hereinafter referred to as "the Act," enacted November 16, 1990, (Public Law 101-601, 25 U.S. Code) is applicable to this Contract.

1.8.2 Discovered Items

The Contractor may discover Native American human remains and objects, as defined in the Act, during Contract execution. If remains or items are discovered the Contractor shall immediately cease activity in the area of the discovery and shall immediately notify the Contracting Officer to protect the items discovered in accordance with the Act and before resuming such activity. Fines and penalties for illegal trafficking in Native American human remains and cultural items are as defined in the Act.

1.8.3 Notification of Discovery

Upon receipt of notification of the discovery, the Contracting Officer shall notify the appropriate authorities as required by the Act. The cessation of the activity in the area shall be for a minimum period of 30 days after the Contracting Officer has received certification of receipt of notification from the appropriate authorities, in accordance with the Act.

1.8.4 Resuming Activity

The Contractor shall not resume the activity in the area of the discovery until the Contracting Officer has given the Contractor notice that the Contractor may resume the activity.

1.9 INSPECTION (CESWG)

The Government will direct the maintenance of the gages, ranges, location marks, and limit marks in proper order and position; but the presence of the inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor shall be required to furnish the following items.

1.9.1 Equipment

At the request of the Government, the Contractor shall furnish the use of boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work. However, the Contractor will not be required to furnish facilities for the surveys, specified in the Paragraph: FINAL EXAMINATION AND ACCEPTANCE.

1.9.2 Transportation

At the request of the Government, the Contractor shall furnish suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant, and to and from the Placement Areas. If the Contractor refuses, neglects, or delays compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from the amounts due or to become due the Contractor.

SECTION 01 10 00.00 45 Page 6

1.10 CONTRACTING OFFICER SIGNATURE (CESWG)

The Contracting Officer signing this Contract is the primary Contracting Officer on this Contract. However, a Contracting Officer that is assigned to the Galveston District and acting within its authority may take formal action on this Contract when a Contract action needs to be taken and the primary Contracting Officer is away from the office.

1.11 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

The use of trade names or proprietary items is only for specified materials or equipment generally known to and used by the industry that meets minimum requirements in terms of physical characteristics, chemical composition, laboratory test results performance in actual use, or a combination of these as applicable. Other trade names or proprietary items may be substituted if approved equal.

1.12 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.12.1 General

Offerors contemplating use of U.S. ports in the performance of the Contract are subject to paying a harbor maintenance fee on cargo. Federal law establishes an ad valorem port use fee on commercial cargo imported into or exported from various U.S. ports. The fee is 0.125 percent (.00125).

Cargo to be used in performing work under Contracts with the U.S.

Government is not exempt from the fee, although certain exemptions do exist. Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the U.S. Customs and Border Protection.

1.12.2 Regulations

The statute is at Title 26 U.S. Code sections 4461 and 4462. Department of Treasury U.S. Customs and Border Protection regulations implementing the statute, including a list of ports subject to the fee, are found at 19 CFR Section 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs and Border Protection offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs and Border Protection, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

1.13 VEHICLE INSURANCE (CESWG)

The Contractor's employees who drive vehicles on the site shall show proof of vehicle insurance at the gate before they will be allowed access to the facility.

1.14 LIABILITY (CESWG)

Contractors are required to comply with applicable Federal and State workers' 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 may 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

SECTION 01 10 00.00 45 Page 7 workers' compensation to be written by private carriers. (See 28.305(c) for treatment of Contracts subject to the Defense Base Act.)

1.14.1 General Liability

The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. Property damage liability insurance shall be required only in special circumstances as determined by the agency.

1.14.2 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 this 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 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.

1.14.3 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 and for bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

1.14.4 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.

1.15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(CESWG)

This clause does not apply to terminations. See UAI 52.249-5000, Basis for settlement of proposals and FAR PART 49.

1.15.1 Allowable Cost

Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VI. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, SECTION 01 10 00.00 45 Page 8 the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

1.15.2 Equipment Rental Costs

Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

1.15.3 Actual Equipment Costs

When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

NOTE: A copy of EP 1110-1-8, "CONSTRUCTION EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," is available at the following website:

http://www.publications.usace.army.mil/Home.aspx. Copies are also available for review in the Galveston Resident Office within the Galveston District. The Pamphlet may be purchased directly from the Government Printing Office by calling (202) 512-1800. The postal address is Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954. On-line sales are available at U.S. Government Bookstore.

1.16 COORDINATION MEETINGS (CESWG)

The Contractor shall schedule and attend regular coordination meetings with the Government and local sponsor. Meetings shall be scheduled bi-weekly.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 10 00.00 45 Page 9

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 SUBMITTALS

1.2 LUMP SUM PAYMENT ITEMS

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

1.2.1.2 Unit of Measure

1.2.2 Mechanical Dredging of Sediment

1.2.2.1 Payment

1.2.2.2 Unit of Measure

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Underwater Demolition and Mechanical Dredging -- Concrete Debris

1.3.1.1 Payment

1.3.1.2 Measurement

1.3.1.3 Unit of Measure

1.3.2 Underwater Demolition and Mechanical Dredging -- Miscellaneous

Debris

1.3.2.1 Payment

1.3.2.2 Measurement

1.3.2.3 Unit of Measure

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 22 00.10 Page 1

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT

AMENDMENT NO. 0003

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. 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-03 Product Data

Weight Scale Certification; G, AO

Submit weight scale certification at least 15 calendar days prior to the commencement of debris removal work associated with debris removal in the vicinity of Gulf Intracoastal Waterway, from Galveston Causeway to Galveston Railroad Bridge.

1.2 LUMP SUM PAYMENT ITEMS

Payment items for the work of this Contract for which Contract lump sum payments will be made are listed in the BID SCHEDULE and specified below.

All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing plant, labor, materials, and equipment, and performing any associated Contractor Quality Control, administrative requirements, environmental protection, meeting safety requirements, tests and reports, and for performing the work required for which separate payment is not otherwise provided.

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

The Contract price for "Mobilization and Demobilization" will include the costs in connection with mobilization and demobilization of the plant necessary to perform the specified work under the bid items associated with underwater demolition and mechanical dredging of debris. The Contract price shall include transportation and other costs incidental to delivery of the plant and other equipment to the general work area in condition ready for operation and, after the completion of the work, for removal of the plant and equipment from the work site(s). Payment for mobilization and demobilization will be pursuant to the conditions of the SECTION 00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD, Paragraph: PAYMENT

FOR MOBILIZATION AND DEMOBILIZATION.

SECTION 01 22 00.10 Page 2

1.2.1.2 Unit of Measure

Unit of measure: Job

1.2.2 Mechanical Dredging of Sediment

1.2.2.1 Payment

Payment for "Mechanical Dredging of Sediment" will be made for costs in connection with the removal of sediment during demolition and debris removal operations as specified.

1.2.2.2 Unit of Measure

Unit of measure: Job

1.3 UNIT PRICE PAYMENT ITEMS

Payment items for the work in this Contract on which the Contract unit price payments will be made are listed in the BID SCHEDULE and specified below. The unit price and payment made for each item listed shall constitute full compensation for furnishing plant, labor, materials, and equipment, and performing any associated Contractor Quality Control, administrative requirements, environmental protection, meeting safety requirements, tests and reports, and for performing the work required for each of the unit price items.

1.3.1 Underwater Demolition and Mechanical Dredging -- Concrete Debris

1.3.1.1 Payment

Payment for demolition and removal of all concrete debris will be made at the Contract unit price for "First 1,000 Tons", "Next 500 Tons", and "Next 500 Tons" for "Underwater Demolition and Mechanical Dredging -- Concrete Debris", for costs in connection with the total removal of concrete debris from within the specified work area, which includes any necessary removal of non-pay quantities of debris and sediment outside of the box cut template to achieve full clearance, any necessary separation of concrete debris from all other debris, screening the concrete debris material from sediment, storage, transportation, handling of concrete debris, surveying to verify clearance of channel template as specified, backfilling the debris removal work area with screened sediment and procurement of equipment, materials and all other costs incidental to the concrete debris removal operations.

1.3.1.2 Measurement

Measurement of concrete debris removed will be per short ton of 2,000 lbs based on receipt of certified weight scale tickets. Measurement based on barge displacement will not be allowed for this contract. Certified railroad or truck weights will be accepted for determination of the weight of debris removed from within the specified channel template. Submit Weight Scale Certification at least 15 calendar days prior to the commencement of debris removal work. The removed debris shall be weighed on standard railroad track or truck scales by a Certified Weighmaster. The Contractor shall have the scales tested in the presence of a Government inspector when directed. The original printed scale ticket or a certified copy, prepared in ink or indelible pencil, shall be submitted no later than 2 calendar days after each car or truck is weighed. Additionally, submit

SECTION 01 22 00.10 Page 3 certified weight scale tickets as supporting documents for each monthly progress payment request. The report of weight for each carload or truckload shall show the gross, tare and net weight, and erasures or changes on a report shall be explained by a memorandum made on or attached to the report and be signed by the Weighmaster. If deemed advisable, the Government will employ an Inspector at the scale and the necessary facilities shall be furnished to the Inspector for observing the weighing and for recording the scale weights and stenciled light weights on the cars or trucks. Expense of weighing debris and testing scales shall be borne by the Contractor. Other methods of measurement may be used when approved.

1.3.1.3 Unit of Measure

Unit of measure: ton.

1.3.2 Underwater Demolition and Mechanical Dredging -- Miscellaneous Debris

1.3.2.1 Payment

Payment for demolition and removal of all debris other than concrete will be made at the Contract unit price for "First 500 Tons", "Next 250 Tons" and "Next 250 Tons" for "Underwater Demolition and Mechanical Dredging -- Miscellaneous Debris", for costs in connection with the total removal of debris from within the work area as specified, including but not limited to creosote timber pilings, sheet pile, and cables, which includes any necessary removal of non-pay quantities of debris and sediment outside of the box cut template to achieve full clearance,any necessary separation of debris types, screening the debris materials from sediment, storage, transportation, and handling of debris and sediment, surveying to verify clearance of channel template as specified, backfilling the work area with screened sediment and procurement of equipment, materials and all other costs incidental to the debris removal operations.

1.3.2.2 Measurement

Measurement of debris removed will be per short ton of 2,000 lbs based on receipt of certified weight scale tickets. Measurement based on barge displacement will not be allowed for this Contract. Certified railroad or truck weights will be accepted for determination of the weight of debris removed from within the specified channel template. Submit Weight Scale Certification at least 15 calendar days prior to the commencement of debris removal work. The removed debris shall be weighed on standard railroad track or truck scales by a Certified Weighmaster. The Contractor shall have the scales tested in the presence of a Government inspector when directed. The original printed scale ticket or a certified copy, prepared in ink or indelible pencil, shall be submitted no later than 2 calendar days after each car or truck is weighed. Additionally, the Contractor shall submit certified weight scale tickets as supporting documents for each monthly progress payment request. The report of weight for each carload or truckload shall show the gross, tare and net weight, and erasures or changes on a report shall be explained by a memorandum made on or attached to the report and be signed by the Weighmaster. If deemed advisable, the Government will employ an Inspector at the scales and the necessary facilities shall be furnished to the Inspector for observing the weighing and for recording the scale weights and stenciled light weights on the cars or trucks. Expense of weighing debris and testing scales shall be borne by the Contractor. Other methods of measurement may be used when approved.

SECTION 01 22 00.10 Page 4

1.3.2.3 Unit of Measure

Unit of measure: ton

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 22 00.10 Page 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 35 26.01 45

GOVERNMENTAL SAFETY REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Competent Person (CP)

1.2.2 Competent Person, Confined Space

1.2.3 Competent Person, Cranes and Rigging

1.2.4 Competent Person, Excavation/Trenching

1.2.5 Competent Person, Fall Protection

1.2.6 Competent Person, Scaffolding

1.2.7 Competent Person (CP) Trainer

1.2.8 High Risk Activities

1.2.9 High Visibility Accident

1.2.10 Load Handling Equipment (LHE)

1.2.11 Medical Treatment

1.2.12 Near Miss

1.2.13 Operating Envelope

1.2.14 Qualified…