AMEND-0001_W9126G-16-B-0010.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

This solicitation is amended as stated on the pages following;

THE BID OPENING DATE IS NOT EXTENDED.

1. CONTRACT ID CODE PAGE OF PAGES

1 51

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-0010

X 9B. DATED (SEE ITEM 11)

06-Jun-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

16-Jun-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-0010

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-16-B-0010, Houston Ship Channel, Texas, Redfish Reef to Morgans Point in Chambers 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 00 73 00.01 45, SPECIAL CONTRACT REQUIREMENTS, STANDARD – The enclosed SECTION 00 73 00.01 45, entitled SPECIAL CONTRACT REQUIREMETS, 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 35 20 23.16 45, PIPELINE DREDGING – the enclosed SECTION 35 20 23.16 45, entitled PIPELINE DREDGING, supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWINGS NO. G-01, G-02, C-01, C-02, C-04, C-06 and C-24 through C-27 - The enclosed Drawings No. G-01, G-02, C-01, C-02, C-04, C-06 and C-24 through C-27 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 00 73 00.01 45, SPECIAL CONTRACT REQUIREMETS, STANDARD

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

4. SECTION 01 22 00.10, MEASUREMENT AND PAYMENT

5. SECTION 35 20 23.16 45, PIPELINE DREDGING

6. DRAWINGS NO. G-01, G-02, C-01, C-02, C-04, C-06, C-24 through C-27

SWG FILE NO.:HSC 401-551 SOLICITATION NO.:W9126G-16-B-0010

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

1.2 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 NO. 0001 TO SOLICITATION NO. W9126G-16-B-000)

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0001

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, Mid Bay Placement Area

1 JOB SUM $___________

0003 Site Management

1 JOB SUM $___________

0004 Dredge HSC, Sections 6 through 7

404,000 C.Y. $________ $_________

0005 Dredge HSC, Sections 8 through 15

1,724,000 C.Y. $________ $_________

0006 Dredge Five Mile Cut, Sections 16 through 17

187,000 C.Y. $________ $_________

0007 Dredge HSC North Boat Cut, Section 18

67,000 C.Y. $________ $_________

TOTAL SCHEDULE NO. 1 $___________

NOTE: Completion time stated in SECTION 00 73 00.01 45 is for SCHEDULE NO.

1 work.

DOCUMENT 00 11 00.00 45 Page 2

DOCUMENT 00 11 00.00 45 Page 3

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

0008 Pipeline Management, Cell M5/M6

1 JOB SUM $___________

0009 Dredge HSC, Sections 1 through 5

444,000 C.Y. $________ $___________

TOTAL OPTION NO. 1 $___________

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

NOTE: Option No. 1 may be exercised no later than 30 calendar days prior to the contract completion date of Schedule No. 1; if exercised, 70 calendar days will be added to the contract duration.

DOCUMENT 00 11 00.00 45 Page 4

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.

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 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 (CESWG)

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

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

1.4 (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. 0001

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 Schedule No. 1 work not later than 220 (AM#1)205 calendar days after date of acknowledgment of Notice to Proceed.

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 hydrographic surveys.

(b) Weather Conditions. Under ordinary conditions, the mean tidal range is about a foot. 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 3 feet below Mean Lower Low Water (MLLW), while southerly winds may raise the water surface as much as, and in some instances more than 4 feet above MLLW.

(c) Transportation Facilities. The immediate vicinity is served by railroad, highway, and deep and shallow draft channels. The Redfish to Morgans Point reach of the Houston Ship Channel is accessible by water from the Gulf of Mexico and Gulf Intracoastal Waterway. Mid Bay Placement Area and Cell M5/M6 are located on true islands, and as such, are accessible only by water.

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

(e) Channel Traffic. Channel traffic consists of deep-draft ships, tugs, tows consisting of a tug and one or more barges, fishing vessels and small boats of various sizes. Traffic will interfere with dredging operations to some extent.

DOCUMENT 00 73 00.01 45 Page 2

1.3 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 $1,330.00 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.

1.4 (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

DOCUMENT 00 73 00.01 45 Page 3

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 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 4

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.01 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 INSPECTION (CESWG)

1.1.1 Equipment

1.1.2 Transportation

1.2 FINAL EXAMINATION AND ACCEPTANCE (CESWG)

1.2.1 Acceptance

1.3 SHOALS WITHIN THE CONTRACT LIMITS(CESWG)

1.4 UNANTICIPATED DREDGING (CESWG)

1.5 USE OF EXPLOSIVES (CESWG)

1.6 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING (CESWG)

1.7 QUANTITY SURVEYS (CESWG)

1.7.1 General

1.7.2 Dredging Sections

1.7.3 Submittals

1.8 QUANTITY OVERRUNS (CESWG)

1.8.1 Estimated Quantities

1.8.2 Modification

1.8.3 Notice and Potential Corrective Action

1.9 LAYOUT OF WORK (CESWG)

1.10 DAMAGE TO WORK (CESWG)

1.11 CONTINUITY OF WORK (CESWG)

1.12 CERTIFICATES OF COMPLIANCE (CESWG)

1.13 ENVIRONMENTAL LITIGATION (CESWG)

1.13.1 Definition

1.14 CONTRACTING OFFICER SIGNATURE (CESWG)

1.15 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

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

1.17 WORK IN QUARANTINED AREA (CESWG)

1.18 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (CESWG)

1.18.1 Allowable Cost

1.18.2 Rental Costs

1.18.3 Actual Equipment Costs

1.19 COORDINATION MEETINGS (CESWG)

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

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 INSPECTION (CESWG)

The Government will direct the maintenance of the gages 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.

1.1.1 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.

1.1.2 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. Furnish ground transportation for Government personnel while on Mid Bay Placement Area. Furnish a safe landing barge, dock or other facility at Mid Bay Placement Area for the arrival/departure of contractor and government personnel. If Option No. 1 is exercised, furnish a safe landing at Cell M5/M6. 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.

1.2 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 (AM#1) 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

SECTION 01 10 00.01 45 Page 2 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 $6,969.00 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.

1.2.1 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.

1.3 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.

1.4 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.

1.5 USE OF EXPLOSIVES (CESWG)

The use of explosives is prohibited on this contract.

1.6 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. No adjustment will be made to the Contract unit price for variations in the allowable overdepth quantity. (AM#1)If the total quantity of material to be paid for and actually removed under this Contract exceeds the limit established by FAR 52.211-18, Variation in Estimated Quantity (April 1984), an additional time will be allowed at the rate of 1 calendar day for each 15,000 cubic yards in excess of the established limit. The Contractor shall not exceed the estimated quantities in the Contract Line Items without prior authorization

SECTION 01 10 00.01 45 Page 3 and only with a signed modification issued by the Contracting Officer as specified in the Paragraph: QUANTITY OVERRUNS.

1.7 QUANTITY SURVEYS (CESWG)

1.7.1 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.

1.7.2 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.

1.7.3 Submittals

Promptly upon completing a survey, the Contractor shall submit the 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.

1.8 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.

1.8.1 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.

SECTION 01 10 00.01 45 Page 4

1.8.2 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.

1.8.3 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.

1.9 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.

1.10 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 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 prices 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 the 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 work, including temporary construction;

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

1.11 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

SECTION 01 10 00.01 45 Page 5 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.

1.12 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.

1.13 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.

1.13.1 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.

1.14 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.

1.15 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

SECTION 01 10 00.01 45 Page 6 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.

1.16 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.

1.17 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 Chambers 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.

1.18 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.

1.18.1 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, SECTION 01 10 00.01 45 Page 7

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.

1.18.2 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.

1.18.3 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.

1.19 COORDINATION MEETINGS (CESWG)

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

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 10 00.01 45 Page 8

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 LUMP SUM PAYMENT ITEMS

1.1.1 Mobilization and Demobilization

1.1.1.1 Payment

1.1.1.2 Unit of Measure

1.1.2 Pipeline Management

1.1.2.1 Payment

1.1.2.2 Unit of Measure

1.1.3 Site Management

1.1.3.1 Payment

1.1.3.2 Unit of Measure

1.2 UNIT PRICE PAYMENT ITEMS

1.2.1 Dredging

1.2.1.1 Payment

1.2.1.2 Dredging Partial Payment

1.2.1.3 Measurement

1.2.1.4 (AM#1)Government Surveys

1.2.1.5 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. 0001

PART 1 GENERAL

1.1 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.

1.1.1 Mobilization and Demobilization

1.1.1.1 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.

1.1.1.2 Unit of Measure

Unit of measure: Job.

1.1.2 Pipeline Management

1.1.2.1 Payment

Payment for "Pipeline Management, Mid Bay Placement Area" in Schedule No.

1, and "Pipeline Management, Cell M5/M6" 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.

Monthly partial payments for "Pipeline Management, Mid Bay Placement Area" in Schedule No. 1 will be based on the estimates of work completed during the period. Up to 20 percent will be paid for initial pipeline installation. Additional payments will be made proportionate to the amount of dredging completed not to exceed 80 percent of the Contract price. The remaining 20 percent will be paid in the first monthly partial payment after removal of the pipeline, final clean-up of the pipeline route and

SECTION 01 22 00.10 Page 2 submission of the magnetometer survey report.

Monthly partial payments for "Pipeline Management, Cell M5/M6" in Option No. 1, will be based on the estimates of work completed during the period.

Up to 30 percent will be paid for initial pipeline installation.

Additional payments will be made proportionate to the amount of dredging completed not to exceed 80 percent of the Contract price. The remaining 20 percent will be paid in the first monthly partial payment after removal of the pipeline, final clean-up of the pipeline route and submission of the magnetometer survey report.

1.1.2.2 Unit of Measure

Unit of measure: Job.

1.1.3 Site Management

1.1.3.1 Payment

Payment for "Site Management" in Schedule No. 1, shall include all costs associated 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.

1.1.3.2 Unit of Measure

Unit of measure: Job.

1.2 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.

1.2.1 Dredging

1.2.1.1 Payment

Payment will be made for costs associated with the removal of dredged material, transportation, and placement at the placement area listed below.

Payment for "Dredge HSC, Sections 6 through 7", "Dredge HSC, Sections 8 through 15", "Dredge Five Mile Cut, Sections 16 through 17", and "Dredge HSC North Boat Cut, Section 18" in Schedule No. 1 will be made for placing the material into Mid Bay Placement Area.

If Option No. 1 is exercised, payment for "Dredge HSC Sections 1 through 5" in Option No. 1, will be made for dredging this reach of the channel and placing the material into Cell M5/M6.

1.2.1.2 Dredging Partial Payment

Partial payment will be based on approximate quantities determined by

SECTION 01 22 00.10 Page 3 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.

1.2.1.3 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.

1.2.1.4 (AM#1)Government Surveys Electronic Positioning

The Government will use the tide staffs shown on the drawings for vertical control. Real Time Kinematic (RTK) or Virtual Reference Station (VRS) will not be used. Differential Global Positioning System (DGPS) will be used for horizontal control.

Processing survey data will be performed with HYPACK 2016 software using the Kingfisher Method (updated 5/6/2016). Volumes will be computed by average end area using cross sectional survey lines. Before and After Dredge cross sections will be run on 100-foot stations and at changes in the template. If the Contractor elects to use HYPACK 2016 software, the Government will provide the survey line files for the Contractor's use.

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.

1.2.1.5 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 4

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 Debris Within the Dredging Limits

1.6.2 (AM#1)Potential Lost Anchor

1.7 EASEMENTS

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

1.8.1 Known Pipeline/Utility Crossings

1.9 WORK BY OTHER CONTRACTORS IN THE VICINITY

1.10 ORDER OF WORK

1.10.1 Schedule No. 1

1.10.2 Option No. 1

1.11 NON-FEDERAL DREDGING

1.12 OBSTRUCTION OF CHANNEL

1.13 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

1.14 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

1.15 SIGNAL LIGHTS

1.16 PLANT

1.16.1 General Requirements

1.16.2 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, Schedule No. 1

3.1.6 Excessive Dredging, Option No. 1

3.2 AREAS TO BE DREDGED

3.3 CONDUCT OF DREDGING WORK

3.3.1 Pre-Operations Safety Coordination Meeting

SECTION 35 20 23.16 45 Page 1

3.3.2 Protection of Existing Waterways

3.3.3 Adjacent Property and Structures

3.4 PLACEMENT OF EXCAVATED MATERIAL

3.4.1 General

3.4.1.1 Misplaced Material

3.4.1.2 Placement Operations Inspection

3.4.1.3 Maintenance of Existing Levees and Drop-outlet Structures

3.4.2 Spillway Operations

3.4.3 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 Mid Bay Placement Area

3.8.2 Cell M5/M6

3.8.3 Utilities within the Placement Area

3.8.4 Unauthorized Placement of Material

3.8.5 Debris Disposal

3.9 DREDGE PIPELINES

3.9.1 Submerged Pipeline

3.9.2 Lighting Requirements for Submerged Pipeline Crossings

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 DREDGING AND DREDGE RELATED MARINE WORK (CESWG)

3.12 DREDGE PLANT INSTRUMENTATION

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. 0001

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 CHANGES. 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 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. (AM#1)The latest surveys available are on http://www.swg.usace.army.mil/Missions/Navigation/HydrographicSurveys.aspx Go to the link labeled "Galveston - Texas City - Houston." Channel maps and xyz data can be downloaded; the vertical datum is indicated on the channel maps. 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

SECTION 35 20 23.16 45 Page 3 specified, after having once been made will not be reopened, except on evidence of collusion, fraud, or obvious error.

1.3.2 Vertical Datum

The…