B3_Amend-0003_W9126G-16-B-0024.pdf

W45VAK61259696

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

1. CONTRACT ID CODE PAGE OF PAGES

J 1 141

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-0024

X 9B. DATED (SEE ITEM 11)

25-Jul-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, 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

12-Aug-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:

X

M3ODXMAN

Text Box The solicitation is hereby amended as follows: See pages following:

BID OPENING IS HEREBY RESCHEDULED FOR 6 SEPTEMBER 2016 @ 2:00 P.M. LOCAL TIME.

W9126G-16-B-0024

A0003-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-16-B-0024, Houston Ship Channel, Texas, in Chambers County, Texas, Deferred Environmental Restoration M-7/8/9 and M-10, are hereby amended as follows:

*THE PROPOSAL DUE DATE IS HEREBY RESCHEDULED FOR 6 SEPTEMBER 2016 AT 2:00

P.M. CDT.

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 31 32.00 45, GEOTECHNICAL DATA – The enclosed SECTION 00 31 32.00 45, entitled GEOTECHNICAL DATA, supersedes that issued with this Solicitation.

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

(4) SECTION 01 12 10.00 45, CONSTRUCTION SEQUENCE – The enclosed SECTION 01 12

10.00 45, entitled CONSTRUCTION SEQUENCE, supersedes that issued with this Solicitation.

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

(6) SECTION 01 45 01.00, QUALITY CONTROL – The enclosed SECTION 01 45 01.00, entitled QUALITY CONTROL, supersedes that issued with this Solicitation.

(7) SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION – The enclosed SECTION 01 57 20.00 45, entitled ENVIRONMENTAL PROTECTION, supersedes that issued with this Solicitation.

(8) 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.

(9) SECTION 35 41 00, DIKE CONSTRUCTION – The enclosed SECTION 35 41 00, entitled DIKE CONSTRUCTION, supersedes that issued with this Solicitation.

(b) Drawings

(1) DRAWINGS NO. C-2, C-7 THRU C-21, C-28, C-51 AND C-52 – The enclosed DRAWINGS, NO. C-2, C-7 THRU C-21, C-28, C-51 AND C-52, supersede those issued with this Solicitation.

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

W9126G-16-B-0024

A0003-3

10 Encl:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 00 31 32.00 45, GEOTECHNICAL DATA

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

4. SECTION 01 12 10.00 45, CONSTRUCTION SEQUENCE

5. SECTION 01 35 26.01 45, GOVERNMENTAL SAFETY REQUIREMENTS

6. SECTION 01 45 01.00, QUALITY CONTROL

7. SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION

8. SECTION 35 20 23.16 45, PIPELINE DREDGING

9. SECTION 35 41 00, DIKE CONSTRUCTION

10. DRAWINGS NO. C-2, C-7 THRU C-21, C-28, C-51 AND C-52

SWG FILE NO.:HSC 401-553 SOLICITATION NO.: W9126G-16-B-0024

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 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 NO. 0003 TO SOLICITATION NO. W9126G-16-B-0024)

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 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 Maintenance Dredging Bayport Ship Channel Station 150+00 to 239+22 to PA 15

1,779,300 C.Y. $_________$___________

0003 DER Borrow Bayport Ship Channel Station 211+15 to 239+22 to Atkinson Marsh Cells M7/8/9 and M10

1,206,708 C.Y. $_________$___________

0004 DER Shaping and Grading Atkinson Marsh Cell M7/8/9 11,300 L.F. $_________$___________

0005 DER Shaping and Grading Atkinson Marsh Cell M10 10,700 L.F. $_________$___________

0006 DER Atkinson Marsh Cell Spillbox Removal 2 EA $_________$___________

0007 DER Gorini Marsh Circulation Channel 1 JOB SUM $___________

0008 DER Seeding and Fertilizing

1 JOB SUM $___________

TOTAL SCHEDULE NO. 1 $___________

NOTE: The Government may delay issuing the Notice to Proceed not to exceed 140 days after award. Completion time stated in SECTION 00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD, is for Schedule No. 1 work.

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

0009 DER Houston Ship Channel, PA 14 Retention Dike

7,200 LF $_________ $___________

0010 DER Borrow Houston Ship Channel Station 26+484 to 30+089 to PA 14

210,310 C.Y. $_________ $___________

0011 DER Borrow Houston Ship Channel Station 26+484 to 30+089 to M7/8/9 and M10

210,310 C.Y. $_________ $___________

TOTAL OPTION NO. 1 $___________

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

NOTE FOR OPTION NO. 1: The Government may exercise this Option by written notice to the Contractor prior to completion of all authorized work at anytime but no later than 30 days prior to completion date of SCHEDULE NO.

1. Award of this Option is contingent upon availability of funds. An additional time of 50 calendar days will be added to this Contract for completion of this Option.

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

0012 Maintenance Dredging Bayport Channel Station 180+00 to 239+22 to M10

500,000 C.Y. $_________ $___________

TOTAL OPTION NO. 2 $___________

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

NOTE FOR OPTION NO. 2: The Government may exercise this Option by written notice to the Contractor not later than 30 calendar days prior to the required completion date of all authorized work. Award of this Option is contingent upon availability of funds. An additional time of 60 calendar days will be added to this Contract for completion of this Option.

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

SWG FILE NO.:HSC 401-553 SOLICITATION NO.:W9126G-16-B-0024

Section 00 21 00 - Page 1

Section 00 21 00 - Instructions, Conditions and Notices to Offerors Amendment no. 0003

GENERAL INSTRUCTIONS

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (FAR 36.204)

The estimated price range of the proposed construction is between $25,000,000 and $100,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON ASFI and FBO

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the following internet addresses:

http://www.fbo.gov/ You must be registered in the System For Award Management (SAM) to receive a government contract award. You may register with the SAM at https://www.sam.gov

1.3 EQUIPMENT OWNERSHIP AND OPERATION EXPENSE SCHEDULE (18 MAR 2013) (UAI

31.105-100) In accordance with FAR 31.105(d)(2)(i)(b), equipment ownership and operating cost shall be determined using EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

1.4 TECHNICAL INFORMATION DREDGING

(a) For technical information regarding the plans and specifications submit questions in PROJNET, see paragraph 1.10 of this section for details.”.

(b) The Contractor [ ] shall [ x ] shall not be permitted to use self-propelled hopper dredges to perform the work specified herein.

1.5 PREAWARD INFORMATION DREDGING

The apparent low bidder shall submit within (AMD#3)(1) working day after Bid Opening, the following information:

(a) A statement as to whether he is now or ever has been engaged in performing dredging of [x ] deep or [ ] shallow draft channels.

(b) A list of key personnel available for the current project and their qualifications.

(c) A copy of the bidder's latest financial statement, including the names of banks or other financial institutions with which the bidder conducts business. If the financial statement is more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, the changes that have taken place. Such statement will be treated as confidential.

(d) A list of present commitments, including the dollar value thereof, name of office under which the work is being performed, the scheduled completion date of each, days ahead or behind schedule and the name of the Dredge to be used on the job.

(e) Name and location of the firm's dredging plant to perform the work under this contract, the date this plant will commence work, and the plants capability to perform the work as required by the specifications.

(f) If bidder is a Large Business, a Sub-Contracting Plan, if required, must be submitted within (AMD#3) (1) working day after Bid Opening.

1.6 DISPOSAL OF EXCAVATED MATERIAL

The following owners in the vicinity of the work to be accomplished under this Invitation for Bids are known to desire fill material:

https://www.sam.gov/

Section 00 21 00 - Page 2

NAME ADDRESS

If any of the areas owned by the above-listed owners are proposed to be utilized by the Contractor in the performance of the work, the provision for use of alternate areas DREDGING: PLACEMENT OF EXCAVATED MATERIAL of the specifications will be applicable.

1.7 BIDDER'S QUALIFICATIONS

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.8 CAUTIONS & REMINDERS TO BIDDERS

All information required by the terms of the Invitation must be furnished.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper bid. Check as you read.

Have you acknowledged all amendments?

Have you completed SECTION 00 45 00, REPRESENTATIONS & CERTIFICATIONS portion of the bid package?

Is your bid properly signed?

If a bid guarantee is required, is it included with your bid? (A late bid guarantee is treated the same as a late bid).

Is your bid guarantee in the proper amount? Bid guarantee shall be in the amount of 20 percent of the amount of the bid, or $3 million, whichever is less.

If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety and are all required seals affixed?

Is the name in which you submitted the bid the same on your bid as on your bid bond?

If required have you entered a unit price for each bid item?

(The Invitation will specifically state when this is necessary).

Are decimals in unit prices in the proper places? Are your figures legible?

Are the extensions of your unit prices, and your total bid price correct?

Are all erasures or corrections initialed by the person signing the bid?

I have not restricted my bid by altering the provisions of the Invitation.

Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct invitation number and bid opening time?

Section 00 21 00 - Page 3

Will your bid arrive on time? Late hand-carried bids will not be considered. Late mailed bids may be considered if sent by Registered or Certified Mail; if late receipt was due to delay in mails, or if specific requirements have been met. (See the portion of the Invitation pertaining to "Late Bids and Modifications or Withdrawals").

REMINDER TO BIDDERS

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

REMINDER #2 - The Contracting Officer signing this contract is the Primary Contracting Officer. However, any Contracting Officer assigned to the Galveston District may take formal action. See Section entitled "Specific Project Requirements".

1.9 SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS/OFFERS:

Hand-carried Bids/Offers must be delivered to: the Contract Specialist or Contracting Officer located at the US Army Corps of Engineers, Jadwin Building, 2000 Fort Point Road, Galveston District, Galveston, TX 77550. Not Later than the Due Date and Time. Bids/Offers will only be accepted by contracting personnel. Guards are not authorized to accept Bids/Offers on behalf of the Government.

Galveston District has a security gate located on Fort Point Rd and requires all occupants of the vehicle to have a valid driver’s license for entry.

Parking is limited. Firearms are not permitted on the installation. Offerors are cautioned to allow sufficient time for travelling over the causeway or ferry. Neither will constitute Government-caused delay.

Offerors are also cautioned that Galveston is an island that, during Spring Break and the Summer Season, can have traffic slowdowns and congestion because the District is collocated with the Bolivar Ferry traffic waiting to board and can delay access to the District Office.

(End of Clause)

1.10 BIDDER INQUIRY – PROJNET

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry.

Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W9126G-16-B-0024 The Bidder Inquiry Key is: TEQVCH-F245VD http://www.projnet.org/projnet

Section 00 21 00 - Page 4

2. The Bidder Inquiry System will be unavailable for new inquires fifteen

(15) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

5. Offers will be publicly opened at the date/time stated in the solicitation.

1.11 Service of Protest

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553-1229, Fax No. (409) 766-3010, submitting the protest at SWF-protest@usace.army.mil .

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

1.12 DAVIS-BACON ACT

Paragraph entitled DAVIS-BACON ACT of (CONTRACT CLAUSES - Section 00 72 00, FAR 52.222-6) is applicable to this solicitation. Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and

Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-

Construction

AUG 1996

52.214-34 Submission Of Offers In The English Language

APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.232-14 Notice Of Availability Of Progress

Payments Exclusively For Small Business Concerns

APR 1984

mailto:SWF-protest@usace.army.mil

Section 00 21 00 - Page 5

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

Chambers County, 27.4%

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work

Section 00 21 00 - Page 6 in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Non-SMSA, Texas, Chambers County.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a

Section 00 21 00 - Page 7 determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting

Section 00 21 00 - Page 8

Officer, U.S. Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553-1229, submitting the protest at SWF-protest@usace.army.mil .

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 31 32.00 45

GEOTECHNICAL DATA

PART 1 GENERAL

1.1 SUMMARY

1.2 GEOTECHNICAL DATA

1.3 ATKINSON MARSH CELL 7/8/9 AND M 10 PROBINGS 2016

1.4 ATKINSON MARSH CELL 7/8/9 AND M 10 VICINITY JET PROBES

-- End of Section Table of Contents --

DOCUMENT 00 31 32.00 45 Page 1

DOCUMENT 00 31 32.00 45

GEOTECHNICAL DATA

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 SUMMARY

This section provides the geotechnical data for the project.

1.2 GEOTECHNICAL DATA

The Government does not guarantee that borings indicate actual conditions, except for the exact locations and the time that they were made.

1.3 ATKINSON MARSH CELL 7/8/9 AND M 10 PROBINGS 2016

Interior probings were conducted aboard a 14-foot flat-bottom john boat using a 20-foot long, 1/2-inch graduated galvanized steel pipe (probing rod) with end cap. Probings were performed on approximate 400-foot intervals, beginning as near as practicable to the existing dike and working outward at 25 to 50-foot spacing. Access to the lowest and highest dike stations was limited due to shallow water depths. At each probing, the location was located using RTK GPS referenced to control point Bayport2, where the elevation at each point was calibrated to the water surface. A Trimble R6 receiver was used with a Trimble TSC2 handheld controller. Vertical elevations were referenced to MLT, and later converted to NAVD88. The probing rod was then lowered through the water column and worked down through the substrate until refusal was met. The rod was then measured at the water surface and depth of the probing recorded. Interior probings were performed within M7/8/9 on April 4, 2016 and within M10 on April 5, 2016.

Exterior probings for each cell were performed aboard a 19-foot shallow water survey vessel. A 20-foot long, 3/4-inch graduated galvanized steel pipe probing rod with end cap was used for all exterior probings. Probing locations and position recording were performed in the same manner as that from the interior probings. Exterior probings were performed along the outside of M7/8/9 on April 7, 2016, and May 4, 2016. The M10 exterior probings were performed on April 28, 2016, and May 4, 2016. The location of and results of the probings are shown on the drawings.

1.4 ATKINSON MARSH CELL 7/8/9 AND M 10 VICINITY JET PROBES

A series of 147 jet-probings were conducted in September 2009, in the vicinity of M7/8/9 and M10. Probings were obtained by rapidly lowering a graduated 40-foot long, 1-inch diameter schedule 80 steel pipe through the soft clay and silts until the rod settled within the substrate. The initial depth was recorded as "weight of rod" (WOR) in the probing logs. A water pump was then used to provide a jet of water that projected from the bottom of the probing rod to advance the rod downward into the substrate.

Based upon the resistance that was met and the character of the material against the rod, the driller was able to approximate the classification of the material layers encountered as the probe was lowered. When an

DOCUMENT 00 31 32.00 45 Page 2 impenetrable layer was encountered or friction against the rod prevented further penetration, the refusal depth and character of refusal was recorded. Locations were determined using consumer grade GPS. Elevations were referenced to hydrographic survey data collected prior to probing dates and referenced to MLT. The location of and results of the probings are shown on the drawings.

-- End of Document --

DOCUMENT 00 31 32.00 45 Page 3

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

PART 1 GENERAL

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

52.211-10)

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

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

1.4 QUANTITY SURVEYS (APR 1984) (FAR 52.236-16)

1.5 (AM#3) DELETED

1.6 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 1995) (UAI 52.249-5000)

1.7 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

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

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

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

DOCUMENT 00 73 00.01 45 Page 1

SECTION 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

AMENDMENT NO. 0003

PART 1 GENERAL

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

52.211-10)

The Contractor shall be required to:

(a) Commence work under this contract within 15 calendar days after the date the Contractor receives the Notice to Proceed.

(b) Prosecute the work diligently, and

(c) Complete the entire work ready to use not later than 300 calendar days. The time stated for completion shall include final cleanup of the premises.

1.2 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 $2,127.00 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.

1.3 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, hydrographic surveys, magnetometer surveys, sidescan surveys, core borings, and probings.

(b) Under ordinary conditions, the mean tidal range is about 1.5 feet. The height of tide is largely dependent on the force, direction, and duration of the wind. Strong northerly winds may depress the water surface as much as, and in some instances more than 3.0 feet below Mean Lower Low (MLLW), while southerly winds may raise the water surface as much as, and in some instances more than 1.7 feet above MLLW.

(c) Transportation Facilities. The immediate vicinity is accessible by water via the Houston Ship Channel and Galveston Bay from embarkation points at surrounding public and private boat ramps.

DOCUMENT 00 73 00.01 45 Page 2

(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, small boats of various sizes, fishing vessels, and ferries. Traffic will interfere with dredging operations to some extent.

1.4 QUANTITY SURVEYS (APR 1984) (FAR 52.236-16)

(a) 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.

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

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

1.5 (AM#3) DELETED

1.6 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 1995) (UAI 52.249-5000)

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principals will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the Contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the Contractor's depreciation schedule (subject to the provisions of

FAR 31.205.11)

(5) License, taxes, storage, and insurance costs are normally recovered as an indirect expense and unless the Contractor charges these costs directly to contracts, they will be recovered through

DOCUMENT 00 73 00.01 45 Page 3 the indirect expense rate.

1.7 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) 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 con-tractor'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.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. 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.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

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

http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx

1.8 (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

DOCUMENT 00 73 00.01 45 Page 4 the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

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

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

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the 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 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 12 10.00 45

CONSTRUCTION SEQUENCE

PART 1 GENERAL

1.1 SUMMARY

1.2 DEFINITIONS

1.2.1 Atkinson Marsh Cell M7/8/9

1.2.2 Atkinson Marsh Cell M10

1.2.3 Placement Area No. 14

1.2.4 Placement Area No. 15

1.3 SUBMITTALS

1.4 CONSTRUCTION SEQUENCE PLAN

1.4.1 Approval Of Construction Sequence Plan

1.5 SEQUENCE

1.5.1 Maintenance Dredging Bayport Ship Channel Station 150+00 to

239+22 to PA 15

1.5.2 DER Borrow Bayport Ship Channel Station 211+15 to 239+22 to

M7/8/9 and M10

1.5.3 DER Borrow Houston Ship Channel Station 26+484 to 30+089 to

M7/8/9 and M10

1.5.4 Houston Ship Channel, PA 14 Retention Dike

1.5.5 DER Borrow Houston Ship Channel Station 26+484 to 30+089 to PA

1.5.6 Maintenance Dredging Bayport Ship Channel Station 180+00 to

239+22

1.5.7 Hydraulic Fill Templates

1.5.7.1 Order of Hydraulic Dike Fill

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 12 10.00 45 Page 1

SECTION 01 12 10.00 45

CONSTRUCTION SEQUENCE

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 SUMMARY

This Contract will be executed in accordance with the criteria and general sequence specified herein. The sequence was developed, in part to minimize turbidity, to protect or minimize dredging, for material placement effort, to minimize spacing conflicts with nearby dredges, and to protect areas of the Channel. The Contracting Officer may consider changes to the sequence requested by the Contractor provided the changes accomplish the requirements specified and shown while meeting the sequencing criteria.

The Contractor is advised that the following currently known or anticipated contracts in the vicinity of work described herein consist of the following:

a) Bayport Ship Channel Improvements Project - Port of Houston Project 2014-0142 consists of deepening and widening of the Bayport Ship Channel and dike construction on PA 15. The contract is expected to be complete in November 2016.

b) Houston Ship Channel Maintenance from Red Fish Reef to Morgan's Point - Contract W9126G-16-B-0010, Houston-Galveston Navigation Channel, Texas, Harris and Chambers Counties, Texas Pipeline Dredging consists of maintenance dredging of the HSC from Station 24+053 to Station 78+844;

dredge Five Mile Cut and North Boat Cut with material placement in Mid Bay PA. Option No. 1 Dredge HSC Station -0+004 to 24+053 with material placement in Atkinson Island Marsh M5/M6. This contract is expected to award in August 2016. Dredging is expected to commence by October 2016.

This contract also has a specified order of work and the dredge is expected to be out of the vicinity by June 2017. The Option for dredging upstream of Bayport may need to be exercised if dredge spacing and funding allow.

c) Houston Ship Channel, Texas Placement Area 14 Dewatering - W9126G-16-B-0005. Work consists of minor ditching and dewatering of PA 14, with an Option to re-ditch, and is expected to be complete September 2016.

d) Houston Ship Channel Maintenance from Morgan's Point to Exxon - Contract W9126G-16-C-0040, Houston-Galveston Navigation Channel, Texas, Harris and Chambers Counties, Texas Pipeline Dredging consists of maintenance dredging of the HSC from Station 0+00 to Station 295+00 and Options for all of Barbours Cut Channel with placement of materials in Alexander Island. This contract is expected to be completed by May 2017.

1.2 DEFINITIONS

1.2.1 Atkinson Marsh Cell M7/8/9

M7/8/9 is the marsh dike cell located northeast of PA 15 and the Houston Ship Channel as shown. Dikes will be rehabilitated with hydraulic pipeline dredge fill and shaped and graded.

SECTION 01 12 10.00 45 Page 2

1.2.2 Atkinson Marsh Cell M10

M10 is the marsh dike cell located northeast of PA 14 and the Houston Ship Channel as shown. Dikes will be rehabilitated with hydraulic pipeline dredge fill and shaped and graded. Maintenance dredged materials from the Bayport Ship Channel will be placed to the interior of the cell.

1.2.3 Placement Area No. 14

PA 14 is the confined Placement Area located northeast of the Channel as shown. Hydraulic pipeline dredge fill will be placed into berms on the north and south dike alignments as shown and shaped to drain.

1.2.4 Placement Area No. 15

PA 15 is the confined Placement Area located northeast of the Channel as shown. Maintenance dredged materials from the Bayport Ship Channel will be placed to the interior of PA 15.

1.3 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

Construction Sequence Plan; G, Submit an Overall Construction Sequence Plan outlining the construction sequence for the completion of this Contract 14 calendar days after receipt of Notice to Proceed and prior to starting work under this Contract.

1.4 CONSTRUCTION SEQUENCE PLAN

The Construction Sequencing Plan is to include the following as a minimum:

(1) The phasing and dredging sequence (by station number) of the maintenance dredging of Maintenance Dredging Bayport Ship Channel Station 150+00 to 239+22 to PA 15.

(2) The phasing, methods, and procedures to be used for Schedule No. 1 DER Atkinson Marsh Cell Spillboxes Removal.

(3) The phasing and methodology of New Work Borrow Dredging from Schedule No. 1 DER Borrow Bayport Ship Channel Station 211+15 to 239+22 to M7/8/9 and M10 and, if exercised, Option No. 1 DER Borrow Houston Ship Channel Station 26+484 to 30+089 to M7/8/9 and M10, with placement of hydraulic fill at Atkinson Island Marsh Cells M7/8/9 and M10 to construct the hydraulic fill templates as specified and shown herein, including the initial material placement, slope shaping, stockpiling (as applicable), and seeding.

(4)…