Amend-0002_W9126G-16-B-0008.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

PROJECT: HOUSTON SHIP CHANNEL, TEXAS, MORGANS POINT TO EXXON, IN HARRIS COUNTY, TEXAS - PIPELINE DREDGING

SEE THE ATTACHED PAGES.

1. CONTRACT ID CODE PAGE OF PAGES

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-0008

X 9B. DATED (SEE ITEM 11)

27-Jan-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

26-Feb-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:

M3ODXMAN

Text Box

W9126G-16-B-0008

A0002-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-16-B-0008, Houston Ship Channel, Texas, Morgans Point to Exxon in Harris County, Texas, Pipeline Dredging, 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 01 10 00.01 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS -

The enclosed SECTION 01 10 00.01 45 entitled NON-REGULATED SPECIAL CONTRACT REQUIREMENTS, supersedes that issued with this Solicitation.

(3) 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.

(4) SECTION 35 20 23.16 45, PIPELINE DREDGING - The enclosed SECTION 35 20 23.16 45, entitled PIPELINE DREDGING, supersedes that issued with this Solicitation.

(5) SECTION 35 20 23.16 45, PIPELINE DREDGING, APPENDIX 1 – QUANTITY

SUMMARY TABLE - The enclosed SECTION 35 20 23.16 45, entitled PIPELINE DREDGING, APPENDIX 1 – QUANTITY SUMMARY TABLE supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWING NO. C-18 - The enclosed Drawing No. C-18 supersedes that issued with this Solicitation.

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

6 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 01 10 00.01 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

3. SECTION 01 22 00.10, MEASUREMENT AND PAYMENT

4. SECTION 35 20 23.16 45, PIPELINE DREDGING

5. SECTION 35 20 23.16 45, PIPELINE DREDGING, APPENDIX 1 – QUANTITY SUMMARY

TABLE

6. DRAWING NO. C-18

SWG FILE NO.:HSC 401-548 SOLICITATION NO.:W9126G-16-B-0008

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 1.1 BID SCHEDULE

1.1.1 Schedule No. 1

1.1.2 Option No. 1

1.1.3 Option No. 2

1.2 MODIFICATIONS (CESWG)

1.3 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

(TO ACCOMPANY AMENDMENT TO SOLICITATION NO. W9126G-16-B-0008)

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0002

PART 1 GENERAL

1.1 1.1 BID SCHEDULE

BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $___________

0002 Pipeline Management, Houston Ship Channel

1 JOB SUM $___________

0003 Dredging HSC, Sections 1 through 6

2,036,000 C.Y. $_________ $___________

0004 Site Management

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)

1.1.2 Option No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 1

0005 Pipeline Management, Barbours Cut

1 JOB SUM

0006 Dredging Barbours Cut, Section 7 241,000 C.Y. $__________ $___________

TOTAL OPTION NO. 1 $___________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 $___________

DOCUMENT 00 11 00.00 45 Page 3

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.3 Option No. 2

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 2

0007 Dredging Barbours Cut, Sections 8 through 9

64,000 C.Y. $_________ $___________

TOTAL OPTION NO. 2 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1 AND 2 $___________

DOCUMENT 00 11 00.00 45 Page 4

(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.

1.3 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.01 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (CESWG)

1.2 SIGNAL LIGHTS (CESWG)

1.3 INSPECTION (CESWG)

1.3.1 Equipment

1.3.2 Transportation

1.4 FINAL EXAMINATION AND ACCEPTANCE (CESWG)

1.4.1 Acceptance

1.5 SHOALS WITHIN THE CONTRACT LIMITS(CESWG)

1.6 UNANTICIPATED DREDGING (CESWG)

1.7 USE OF EXPLOSIVES (CESWG)

1.8 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING (CESWG)

1.9 QUANTITY SURVEYS (CESWG)

1.9.1 General

1.9.2 Dredging Sections

1.9.3 Submittals

1.10 QUANTITY OVERRUNS (CESWG)

1.10.1 Estimated Quantities

1.10.2 Modification

1.10.3 Notice and Potential Corrective Action

1.11 LAYOUT OF WORK (CESWG)

1.12 CONTINUITY OF WORK (CESWG)

1.13 CERTIFICATES OF COMPLIANCE (CESWG)

1.14 ENVIRONMENTAL LITIGATION (CESWG)

1.14.1 Definition

1.15 CONTRACTING OFFICER SIGNATURE (CESWG)

1.16 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

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

1.18 WORK IN QUARANTINED AREA (CESWG)

1.19 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (CESWG)

1.19.1 Allowable Cost

1.19.2 Equipment Rental Costs

1.19.3 Actual Equipment Costs

1.20 (AM#2)COORDINATION

1.20.1 Coordination Meetings

1.20.2 Work Within Alexander Placement Area

1.20.3 Work Outside the Placement Area Levees

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 10 00.01 45 Page 1

SECTION 01 10 00.01 45 Page 2

SECTION 01 10 00.01 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0002

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (CESWG)

The Contractor will be required to (a) commence work under this Contract within 10 calendar days after the date of acknowledgment of Notice to Proceed, (b) prosecute the work diligently, and (c) complete the work not later than 210 (AM#2)250 calendar days after date of acknowledgment of Notice to Proceed. Option No. 1 and Option No. 2 may be exercised, either singly or in combination, prior to the completion of Sections 3 and 4. If exercised, Option No. 1 will add 54 (AM#2)49 calendar days to the contract completion date. If exercised, Option No. 2 will add 13 calendar days to the contract completion date. If the total quantity of material to be paid for and actually removed under this Contract exceeds the limit established in the CLAUSE entitled VARIATIONS IN ESTIMATED QUANTITIES - DREDGING, additional time will be allowed at the rate of 1 calendar day for each 10,000 cubic yards in excess of the established limit for the work in Schedule No. 1 and 1 calendar day for each 5,000 cubic yards in Option No. 1 and Option No. 2. 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 in the Paragraph: QUANTITY OVERRUNS below. The time stated for completion shall include final cleanup of the premises. (AM#2)Notice to Proceed may be delayed up to 60 days after contract award in order to allow Centerpoint Energy to remove existing overhead power lines and towers from the interior of Alexander Island Placement Area. See Paragraph entitled COORDINATION.

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 U.S. Coast Guard Navigation Rules and Regulations Handbook or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.3 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.

SECTION 01 10 00.01 45 Page 3

1.3.1 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.

1.3.2 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 Area. Furnish ground transportation for Government personnel while on Alexander Island Placement Area. Furnish a safe landing barge, dock or other facility at the Placement Area for the boat to moor while visits are made to the site. The Government may provide as little as 1 hour advance notice for requiring transportation. 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.

1.4 FINAL EXAMINATION AND ACCEPTANCE (CESWG)

As soon as practicable after the completion of the entire work or any section thereof, if the work is divided into sections and in the opinion of the Contracting Officer will not be subject to damage by further operations under this Contract, this work will be thoroughly examined at the expense of the Government by sounding or by sweeping, or both, as directed. If shoals, lumps, or other lack of Contract depth are disclosed by this examination, the Contractor will be required to remove same by dragging the bottom or by dredging at the Contract rate for dredging but, if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of the shoal may be waived at the discretion of the Contracting Officer. The Contractor or its authorized representative will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition it will be accepted finally. If more than two sounding or sweeping operations by the Government over an area are necessary, by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of the third and any subsequent sounding or sweeping operations will be charged against the Contractor at the rate of $5,413.68 per day for each day in which the Government plant is engaged in sounding or sweeping or is enroute to or from the site or held at or near the site for these operations.

1.4.1 Acceptance

Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or any part of the work.

SECTION 01 10 00.01 45 Page 4

1.5 SHOALS WITHIN THE CONTRACT LIMITS(CESWG)

If, before this Contract is completed, shoals occur in a section previously accepted, redredging at the Contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer.

1.6 UNANTICIPATED DREDGING (CESWG)

During the course of this contract, unanticipated dredging requirements may develop that require the use of the Contractor's plant. The dredging required would be similar in scope to that required under the current contract and could include unanticipated restrictive shoals in the Houston Ship Channel Complex. Dredging would consist of limited portions of a section of channel, intended to remove critical shoals hindering commercial navigation. If such a need arises, the Contracting Officer may decide to issue a Request for Proposal for the unanticipated work in accordance with applicable FAR regulations and under the Contract Clause entitled CHANGES, and the work performed upon the execution of a bilateral contract modification.

1.7 USE OF EXPLOSIVES (CESWG)

The use of explosives is prohibited on this contract.

1.8 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING (CESWG)

Where the quantity of a pay item in this Contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies more than 15 percent above or below the stated estimated quantity in the required dredging prism, an equitable adjustment in the Contract unit price will be made upon demand of either party. The equitable adjustment will be based upon an increase or decrease in costs due solely to the variations above 115 percent or below 85 percent of the estimated quantity in the required dredging prism. An equitable adjustment in the Contract unit price will also apply to that part of the actual quantity of allowable overdepth material above 115 percent or below 85 percent of the estimated quantity.

1.9 QUANTITY SURVEYS (CESWG)

1.9.1 General

Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

1.9.2 Dredging Sections

The Government will conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for the periods when progress payments are requested and shall make the computations based on these surveys. Surveys conducted by the Contractor shall be conducted under the direction of the Contracting Officer, unless the Contractor Officer waives this requirement in a specific instance.

1.9.3 Submittals

Promptly upon completing a survey, the Contractor shall submit the

SECTION 01 10 00.01 45 Page 5 originals of every field note and other record relating to the survey or to the layout of the work in accordance with the SECTION 01 33 00 SUBMITTAL PROCEDURES. The Contracting Officer will use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of submitted material.

1.10 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 bid 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.

1.10.1 Estimated Quantities

If the Contractor exceeds the estimated quantities without a signed modification in place, it will be considered unauthorized work for which the Contractor may not be reimbursed. Once the potential quantity overrun is identified, the Contracting Officer may, among other choices, provide additional funds (if available) to complete the work and equitably adjust the quantities in the Contract Line Item, modify the work to fit within 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.

1.10.2 Modification

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.

1.10.3 Notice and Potential 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 on any CLIN at no additional cost to the Government once 100 percent of the line item quantity has been obtained.

1.11 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

SECTION 01 10 00.01 45 Page 6 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.

1.12 CONTINUITY OF WORK (CESWG)

No payment will be made for work done in an area designated by the Contracting Officer until the full depth required under this Contract is secured in the whole of this area, unless prevented by ledge rock, nor will payment be made for excavation in an area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. If a non-adjacent area is excavated to full depth during the operations carried on under this Contract, payment for the work therein may be deferred until the required depth has been reached in the area intervening.

1.13 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 on 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.

1.14 ENVIRONMENTAL LITIGATION (CESWG)

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, the 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 this CLAUSE, subject to all the provisions thereof.

1.14.1 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 00.01 45 Page 7

1.15 CONTRACTING OFFICER SIGNATURE (CESWG)

The Contracting Officer signing this Contract is the Procuring Contracting Officer on this Contract. However, a Contracting Officer that is assigned to the Galveston or Fort Worth 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.

1.16 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.

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

Offerors contemplating use of U.S. ports in the performance of this 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.

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.

1.18 WORK IN QUARANTINED AREA (CESWG)

The work called for by this Contract involves activities in counties quarantined by the Department of Agriculture to prevent the spread of certain plant pests which may be present in the soil. The Contractor agrees that construction equipment and tools to be moved from Harris County shall be thoroughly cleaned of soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other methods to remove the soil. In addition, if this Contract involves the identification, shipping, storage, testing, or disposal of soils from this quarantined area(s), the Contractor agrees to comply with the provisions of ER 1110-1-5 - PLANT PEST QUARANTINED AREA AND FOREIGN SOIL SAMPLES and its attachments. The Contractor agrees to assure compliance with this obligation by all subcontractors.

1.19 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (CESWG)

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

SECTION 01 10 00.01 45 Page 8

1.19.1 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, 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.

1.19.2 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.

1.19.3 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 and 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 . 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 .

1.20 COORDINATION MEETINGS (CESWG)

The Contractor shall schedule and attend regular coordination meetings with the Government. Meetings shall be scheduled every other week.

1.20 (AM#2)COORDINATION

1.20.1 Coordination Meetings

The Contractor shall schedule and attend regular coordination meetings

SECTION 01 10 00.01 45 Page 9 with the Government. Meetings shall be scheduled every other week.

1.20.2 Work Within Alexander Placement Area

A non-government contractor will be at Alexander Island Placement Area relocating existing towers and overhead lines at the site. Notice to Proceed will not be issued until work in the interior of the placement area is complete.

1.20.3 Work Outside the Placement Area Levees

After Notice to Proceed is issued, work by the non-government contractor will continue outside the placement area levees. The Contractor shall not interfere with the non-government contractor's operations. The non-government contractor may need to use the northern portion of the levee crown for access, and will need use of the access ramp in the vicinity of Houston Ship Channel Station 185+00. The Contractor is allowed use of the access ramp, but shall not prevent its use by other contractors or use the site as a staging area.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 10 00.01 45 Page 10

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 Pipeline Management

1.2.2.1 Payment

1.2.2.2 Unit of Measure

1.2.3 (AM#2)Site Management

1.2.3.1 Payment

1.2.3.2 Unit of Measure

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Dredging

1.3.1.1 Payment, Dredging Houston Ship Channel

1.3.1.2 Payment, Dredging Barbours Cut

1.3.1.3 Dredging Partial Payment

1.3.1.4 Measurement

1.3.1.5 Electronic Positioning

1.3.1.6 Surveys During Progress of Work

1.3.1.7 Unit of Measurement

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. 0002

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-02 Shop Drawings

Surveys

Submit drawings of surveys during progress of work by soundings or sweepings.

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

Payment will be made for costs associated with "Mobilization and Demobilization", as defined in the SECTION 00 72 00 CONTRACT CLAUSES.

Payment for costs in connection with the plant necessary to perform the work, to 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 completion of the work for removal of the plant and equipment from the work site.

1.2.1.2 Unit of Measure

Unit of measure: Job.

SECTION 01 22 00.10 Page 2

1.2.2 Pipeline Management

1.2.2.1 Payment

Payment for "Pipeline Management, Houston Ship Channel" in Schedule No. 1, and "Pipeline Management, Barbours Cut" in Option No. 1, will be made for costs associated with laying, handling of dredge pipelines, from the dredge to the Placement Area, procurement of materials, and for construction of ramps or installation of culvert pipes that may be necessary in connection with placing and removal of pipeline and final clean up of pipeline route.

Partial payments for "Pipeline Management, Houston Ship Channel" will be made not to exceed 50 percent for initial pipeline installation; not to exceed 80 percent upon completion of Section No. 1; and the remaining 20 percent in the first monthly partial payment after removal of the pipeline and the final clean-up of the pipeline route. If Option Nos. 1 or 2 are exercised, the remaining 20 percent will not be paid until after clean-up of the pipeline route from both Houston Ship Channel and Barbours Cut Channel.

(AM#2)Partial payments for "Pipeline Management, Houston Ship Channel" will be made not to exceed 20 percent for initial pipeline installation;

payment between 20 percent and 80 percent will be made based on the percentage by volume of the dredging completed; and the remaining 20 percent in the first monthly partial payment after removal of the pipeline and the final clean-up of the pipeline route. If Option Nos. 1 or 2 are exercised, the final 20 percent under this Item will not be paid until after clean-up of the pipeline route from both Houston Ship Channel and Barbours Cut Channel.

Partial payments for "Pipeline Management, Barbours Cut" will be based on estimates of the work completed during the period; 100 percent will be paid in the first monthly partial payment after the dredge begins working in Section No. 7.

1.2.2.2 Unit of Measure

Unit of measure: Job.

1.2.3 (AM#2)Site Management

1.2.3.1 Payment

Payment for "Site Mangement" shall include all costs accociated with this work including management of the drop-outlet structures, monitoring water quality, and excavation or maintenance of ditches to assure drainage of the placement area. Partial payments will be made proportionate to the duration of the site management activities.

1.2.3.2 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

SECTION 01 22 00.10 Page 3 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 Dredging

1.3.1.1 Payment, Dredging Houston Ship Channel

Payment for "Dredging HSC, Sections 1 through 6" in Schedule No. 1, will be made for costs associated with the removal of dredged material, transportation, and placement at the Placement Area.

1.3.1.2 Payment, Dredging Barbours Cut

If the Options are exercised, payment for "Dredging Barbours Cut, Section 7" in Option No. 1, and "Dredging Barbours Cut, Sections 8 through 9" in Option No. 2, will be made for costs associated with the removal of dredged material, transportation, and placement at the Placement Area.

1.3.1.3 Dredging Partial Payment

Partial payment will be based on approximate quantities determined by fathometer soundings or sweepings taken behind the dredge. The Contractor may use its own hydrographic surveys to determine quantities for pay requests, but final quantities will be based on Government Before-Dredging and After-Dredging surveys.

1.3.1.4 Measurement

The material removed will be measured by cubic yard in place, by means of soundings taken before and after dredging. The total quantity of dredged material will be the theoretical quantity between the bottom surface shown by fathometer soundings of the last survey made "before-dredging" and the bottom surface shown by the fathometer soundings of a survey made "after-dredging", within the limits of the overdepth and side and end slopes, less deductions that may be required for misplaced material.

1.3.1.5 Electronic Positioning

The horizontal control points shown are the control points the Government will use to perform electronic surveys on the waterway. The Government does not guarantee permanent access to these control points, therefore, it may be necessary for the Contractor to establish its own network of survey points from these survey points or from other U.S. Coast and Geodetic Survey (USCGS) monuments. Location and description of the horizontal control points which the Government plans to use to perform electronic surveys on the channels are available at the Houston Resident Office. The Contractor shall be responsible for establishing its own reference line to conduct hydrographic surveys and dredging operations if electronic positioning equipment is not used.

1.3.1.6 Surveys During Progress of Work

Contract depth will be determined by surveys taken behind the dredge as work progresses. The Contractor shall take progress soundings or sweepings.

SECTION 01 22 00.10 Page 4

1.3.1.7 Unit of Measurement

Unit of measure: cubic yard.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 22 00.10 Page 5

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.16 45

PIPELINE DREDGING

PART 1 GENERAL

1.1 SUMMARY

1.2 MEASUREMENT AND PAYMENT

1.3 WORK COVERED BY CONTRACT PRICE

1.3.1 Existing Conditions

1.3.2 Vertical Datum

1.4 REFERENCES

1.5 SUBMITTALS

1.6 CHARACTER OF MATERIAL

1.6.1 Barbours Cut Channel

1.6.2 Debris Within the Dredging Limits

1.7 EASEMENTS

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

1.8.1 Known Pipeline/Utility Crossings

1.9 ORDER OF WORK

1.9.1 Dredging Options

1.10 NON-FEDERAL DREDGING

1.11 OBSTRUCTION OF CHANNEL

1.12 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

1.13 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

1.14 SIGNAL LIGHTS

1.15 PLANT

1.15.1 General Requirements

1.15.2 Capacity

PART 2 PRODUCTS

2.1 BRIDGE-TO-BRIDGE RADIOTELEPHONE EQUIPMENT

2.2 AUTOMATIC IDENTIFICATION SYSTEM (AIS)

2.3 LOOKOUTS AND RADIO COMMUNICATIONS

PART 3 EXECUTION

3.1 ESTIMATED QUANTITY OF MATERIAL

3.1.1 Quantity Summary

3.1.2 Required Dredging Prism

3.1.3 Allowable Overdepth

3.1.4 Side And End Slopes

3.1.5 Excessive Dredging

3.2 AREAS TO BE DREDGED

3.3 CONDUCT OF DREDGING WORK

3.3.1 Pre-Operations Safety Coordination Meeting

3.3.2 Protection of Existing Waterways

3.3.3 Adjacent Property and Structures

3.4 PLACEMENT OF EXCAVATED MATERIAL

SECTION 35 20 23.16 45 Page 1

3.4.1 General

3.4.1.1 Misplaced Material

3.4.1.2 Placement Operations Inspection

3.4.1.3 (AM#2)DELETED

3.4.1.4 Maintenance of Existing Levees and Drop-outlet Structures

3.4.2 Spillway Operations

3.4.3 (AM#2)Site Management

3.5 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.5.1 Damages

3.5.2 Accountability and Restoration

3.6 ALTERNATE PLACEMENT AREA(S) PROPOSED BY CONTRACTOR WITH BID AFTER

AWARD OF CONTRACT

3.6.1 Data Submittal

3.7 METHOD OF PLACEMENT

3.7.1 Pipeline Route

3.8 DISPOSAL IN PLACEMENT AREA

3.8.1 Utilities within the Placement Area

3.8.2 Unauthorized Placement of Material

3.8.3 Debris Disposal

3.9 DREDGE PIPELINES

3.9.1 Submerged Pipeline Crossing

3.9.2 Submerged Pipeline Crossing Lighting Requirements

3.9.3 Floating Pipeline

3.9.4 Pipeline Leaks

3.9.5 Magnetometer Survey Report

3.10 HOUSTON-GALVESTON VESSEL TRAFFIC SERVICE AREA

3.10.1 General

3.10.2 Report Changes

3.10.3 Vessel Traffic Service Location

3.10.4 Communications

3.10.5 Operations

3.11 WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

3.12 DREDGING AND DREDGE RELATED MARINE WORK (CESWG)

ATTACHMENTS:

Appendix 1 - QUANTITY SUMMARY TABLE

-- End of Section Table of Contents --

SECTION 35 20 23.16 45 Page 2

SECTION 35 20 23.16 45

PIPELINE DREDGING

AMENDMENT NO. 0002

PART 1 GENERAL

1.1 SUMMARY

The work in this Section consists of furnishing plant, labor, materials, and equipment and performing the operations necessary for the removal of materials to the required dimensions shown, satisfactory disposal thereof, and other operations incidental thereto.

1.2 MEASUREMENT AND PAYMENT

Measurement and payment for pipeline dredging will be paid for in accordance with provisions of the SECTION 01 22 00.10 MEASUREMENT AND

PAYMENT.

1.3 WORK COVERED BY CONTRACT PRICE

Base bids on the quantity of dredging indicated. If the total quantity of dredging varies from that specified as the basis for bidding, the Contract price will be adjusted in accordance with the CONTRACT CLAUSE entitled VARIATION IN ESTIMATED QUANTITIES. The dredging conditions specified and indicated describe conditions which are known. However, the Contractor is responsible for other conditions encountered which are not unusual when compared to the conditions recognized in the dredging business as usual in dredging activities such as those required under this Contract. The Contract price for dredging will include the cost of removal and placement of the material as specified in the Paragraphs: CHARACTER OF MATERIAL and PLACEMENT OF EXCAVATED MATERIAL. The Contract price for dredging shall include the costs for maintenance of levees, drop outlet structures and ditches necessary to confine the material within the areas shown.

1.3.1 Existing Conditions

The drawings already prepared as specified in the CONTRACT CLAUSES Paragraph entitled CONTRACT DRAWINGS AND SPECIFICATIONS represent conditions existing as of the date of their preparation using average existing conditions. However, to reflect anticipated shoaling occurring between the dates of preparation of the drawings and the dates of the "before-dredging" sections, the estimated dredging quantities stated in the Bid Schedule have been adjusted accordingly. The depths and elevations shown will be verified and corrected by fathometer soundings taken by the Government before dredging. The Government will normally use a frequency of 200 kHz to conduct hydrographic surveys. If the surveys indicate the presence of fluff in the channel, a frequency of 40 kHz will be used. Determination of quantities removed and the deductions made from them to determine quantities by in-place measurement to be paid for in the area specified, after having once been made will not be reopened, except on evidence of collusion, fraud, or obvious error.

SECTION 35 20 23.16 45 Page 3

1.3.2 Vertical Datum

The channel template provided in the drawings is referenced to Mean Lower Low Water (MLLW) vertical datum. Previous dredging contracts in this reach have been referenced to Mean Low Tide (MLT) datum. Cross sections in the drawings have been overlaid with after-dredge surveys from the previous dredging contract, converted to MLLW datum.

1.4 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-2-5027 (1987) Confined Disposal of Dredged Material

EM 385-1-1 (2014) Safety and Health Requirements Manual

1.5 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 the SECTION 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Notification Prior To Commencement of Dredging Operations ;

Indicate commencement of dredging operations, and location of dredge.

Temporary Removal of Aids To Navigation ; G

SD-02 Shop Drawings

Submerged Pipeline Crossing ; G

Indicate pipeline location and installation details as outlined in the Subparagraph: Submerged Dredge Pipeline.

Pipeline Route ; G

A detailed pipeline diagram for each Placement Area detailing the pipeline route and anchor locations shall be submitted prior to commencing work on this project.

SD-06 Test Reports

Magnetometer Survey Report ; G

Report shall be submitted as specified.

SECTION 35 20 23.16 45 Page 4

1.6 CHARACTER OF MATERIAL

The material to be removed is shoals which have accumulated over a period of time. However, some virgin material may be encountered in allowable overdepth, or side slope dredging. Bidders are expected to examine the worksite and the records of previous dredging, which are available in the Houston Resident Office and after investigation decide for themselves the character of materials.

1.6.1 Barbours Cut Channel

Barbours Cut was deepened and the channel centerline shifted to the north by 75 feet in September 2015. The cross sections shown on the drawings include the after-dredge surveys from that contract. This is the first maintenance contract on Barbours Cut since the channel improvements.

Prior to the channel improvements, portions of Barbours Cut were excavated as deep as Elevation -56 MLLW.

1.6.2 Debris Within the Dredging Limits

Debris including but not limited to, metal bands, pallets, pieces of broken cable, rope, stumps, and broken piles may be encountered. The Government has no knowledge of existing wrecks, wreckage, or other material of that size or character as to require the use of explosives or special or additional plant for its economical removal. Debris removed from the dredged area shall be removed from the water. Disposal shall be the responsibility of the Contractor and disposal shall be outside the limits of Government property. If the actual conditions differ from those stated or shown, an adjustment in Contract price or time of completion, or both, will be made in accordance with the CONTRACT CLAUSE entitled

DIFFERING SITE CONDITIONS.

1.7 EASEMENTS

No permits or easements are necessary for laying shore pipe at Alexander Island Placement Area or for using the site.

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

It is the Contractor's responsibility to investigate the location of utility crossings. The Contractor shall take precautions against damages which can result from dredging operations in the vicinity of the utility crossings. If damage occurs as a result of dredging operations, the Contractor will be required to suspend dredging until the damage is repaired and approved. Costs of these repairs and downtime of the dredge and attendant plant shall be at the Contractor's expense.

1.8.1 Known Pipeline/Utility Crossings

There are pipelines and or utilities which are within the work limits.

The following pipeline/utilities cross the area(s) to be dredged:

Approximate Station

Description Owner

20+00 One 24-inch pipeline Enterprise Products Operating, LLC (713)381-5585

SECTION 35 20 23.16 45 Page 5

Approximate Station

Description Owner

39+83 Overhead Power Line Centerpoint Energy

40+89 Overhead Power Line Centerpoint Energy

42+00 One 8-inch Pipeline Marathon Pipe Line, LLC (217)382-2252

42+00 One 4-inch Pipeline Williams Olefins Feedstock Pipe Line, LLC (281)457-4048

42+00 Four 8-inch Pipelines Enterprise Products Operating LLC (713)381-3536

50+00 Two 8-inch Pipelines Air Products, LLC (610) 481-1707

51+25 One 6-inch Pipeline One 8-inch Pipeline

Williams Purity Pipeline, LLC (918)260-9137

145+50 One 10-inch Pipeline Praxair, Inc. (281) 478-1944

243+00 thru 245+00 Two 4-inch Pipelines Two 6-inch Pipelines Three 10-inch Pipelines One 24-inch Pipeline

ExxonMobil

244+69 Overhead Power Line Centerpoint Energy

247+28 Overhead Power Line Centerpoint Energy

246+60 One 30-inch Pipeline Houston Pipeline Co.

247+00 One 6-inch Pipeline Buckeye Dev. & Logistics, LLC

(936) 336-5773

250+00 One 6-inch Pipeline One 8-inch Pipeline

Energy Transfer Company

(281) 714-2345

265+00 One 8-inch Pipeline…