Amend-0002_W9126G18B0010.pdf

W45VAK3411816 007780

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

Unrestricted Procurement for Houston Ship Channel, Texas, Carpenters to Sims Emergency Dredging in Harris County, Texas in w hich bids are due 1 Feb 18 @ 2:00 PM is hereby amended as follow s:

Continued on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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 W9126G18B0010

X 9B. DATED (SEE ITEM 11)

22-Jan-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Jan-2018

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:

W9126G18B0010

A0002-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G18B0010, Houston Ship Channel, Texas, Carpenters Bayou to Sims Bayou in Harris County, Texas, are hereby amended as follows:

a) Specifications

(1) SECTION 35 20 23.16 45, DREDGING – The enclosed SECTION 35 20 23.16 45, entitled DREDGING supersedes that issued with this Solicitation.

b) Drawings

(1) None.

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

Encls:

1. SECTION 35 20 23.16 45, DREDGING

SWG FILE NO.:HSC 401-564 SOLICITATION NO.:W9126G18B0010

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.16 45

DREDGING

PART 1 GENERAL

1.1 SUMMARY

1.2 MEASUREMENT AND PAYMENT

1.3 WORK COVERED BY CONTRACT PRICE

1.3.1 Existing Conditions

1.4 REFERENCES

1.5 SUBMITTALS

1.6 CHARACTER OF MATERIAL

1.6.1 Debris Within the Dredging Limits

1.7 UTILITIES ACROSS THE LIMITS OF DREDGING

1.7.1 Known Pipeline/Utility Crossings

1.8 WORK BY OTHER CONTRACTORS IN THE VICINITY

1.9 ORDER OF WORK

1.10 OBSTRUCTION OF CHANNEL

1.11 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

1.12 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

1.13 SIGNAL LIGHTS

1.14 PLANT

1.14.1 General Requirements

1.14.2 Capacity

1.15 INSPECTION

1.15.1 Equipment

1.15.2 Transportation

1.16 FINAL EXAMINATION AND ACCEPTANCE

1.16.1 Acceptance

1.17 SHOALS

1.18 UNANTICIPATED SHOALING

1.19 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.20 QUANTITY SURVEYS

1.20.1 General

1.20.2 Dredging Sections

1.20.3 Submittals

1.21 QUANTITY OVERRUNS

1.21.1 Estimated Quantities

1.21.2 Modification

1.21.3 Notice and Potential Corrective Action

PART 2 PRODUCTS

2.1 BRIDGE-TO-BRIDGE RADIOTELEPHONE EQUIPMENT

2.2 LOOKOUTS AND RADIO COMMUNICATIONS

PART 3 EXECUTION

3.1 ESTIMATED QUANTITY OF MATERIAL

SECTION 35 20 23.16 45 Page 1

(TO ACCOMPANY AMENDMENT NO. 0002 TO SOLICITATION NO. W9126G18B0010)

3.1.1 Quantity Summary

3.1.2 Required Dredging Prism

3.1.3 Allowable Overdepth

3.1.4 Side And End Slopes

3.1.5 Excessive Dredging

3.2 AREAS TO BE DREDGED

3.3 CONDUCT OF DREDGING WORK

3.3.1 Pre-Operations Safety Coordination Meeting

3.3.2 Protection of Existing Waterways

3.3.3 Adjacent Property and Structures

3.4 PLACEMENT OF EXCAVATED MATERIAL

3.4.1 Placement Areas Available for Use

3.4.2 General

3.4.2.1 Misplaced Material

3.4.2.2 Placement Operations Inspection

3.4.2.3 Placement Area Drainage

3.4.2.4 Maintenance of Existing Dike and Drop-outlet Structures

3.4.3 Construction of Cofferdam, Lost Lake Placement Area

3.4.4 Spillway Operations

3.4.5 Site Management

3.5 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.5.1 Damages

3.5.2 Accountability and Restoration

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

AWARD OF CONTRACT

3.6.1 Data Submittal

3.7 METHOD OF PLACEMENT

3.7.1 Pipeline Route

3.8 DISPOSAL IN PLACEMENT AREA

3.8.1 Utilities within the Placement Area

3.8.2 Unauthorized Placement of Material

3.8.3 Debris Disposal

3.9 DREDGE PIPELINES

3.9.1 Submerged Pipeline

3.9.2 Submerged Pipeline Lighting Requirements

3.9.3 Floating Pipeline

3.9.4 Pipeline Leaks

3.9.5 Magnetometer Survey Report

3.10 HOUSTON-GALVESTON VESSEL TRAFFIC SERVICE AREA

3.10.1 General

3.10.2 Report Changes

3.10.3 Vessel Traffic Service Location

3.10.4 Communications

3.10.5 Operations

3.11 WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

3.12 DREDGING AND DREDGE RELATED MARINE WORK (CESWG)

3.13 AUTOMATIC IDENTIFICATION SYSTEM

3.14 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

DREDGING

AMENDMENT NO. 0002

PART 1 GENERAL

1.1 SUMMARY

The work in this Section consists of furnishing plant, labor, materials, and equipment and performing the operations necessary for the removal of materials to the required dimensions shown, satisfactory disposal thereof, and other operations incidental thereto. The Contractor may use either a pipeline dredge or mechanical dredge, or combination of both in performing the work. All material excavated by a mechanical dredge must be placed into Lost Lake Placement Area; material excavated using a pipeline dredge may be placed into either Lost Lake or Rosa Allen Placement Areas.

1.2 MEASUREMENT AND PAYMENT

Measurement and payment for 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 will include the costs for maintenance of dikes 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 based on surveys performed by the Government. However, to reflect anticipated shoaling occurring between the dates of preparation of the drawings and the dates of the "before-dredging" sections, the estimated dredging quantities stated in the Bid Schedule have been adjusted accordingly. The depths and elevations shown will be verified and corrected by fathometer soundings taken by the Government before dredging. The Government will normally use a frequency of 200 kHz to conduct hydrographic surveys. If the surveys indicate the presence of fluff in the channel, a frequency of 40 kHz will be used. Determination of quantities removed and the deductions made from them to determine quantities by in-place measurement to be paid for in the area specified, after having once been made will not be reopened, except

SECTION 35 20 23.16 45 Page 3 on evidence of collusion, fraud, or obvious error.

1.4 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

1.5 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with SECTION 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Notification Prior To Commencement of Dredging Operations ; G

Indicate commencement of dredging operations, and location of dredge(s).

Temporary Removal of Aids To Navigation ; G

SD-02 Shop Drawings

Submerged Pipeline ; G

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

Pipeline Route ; G

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

SD-06 Test Reports

Magnetometer Survey Report ; G

Report to be be submitted as specified.

1.6 CHARACTER OF MATERIAL

The material to be removed is shoals which have accumulated over a period of time and as a result of Hurricane Harvey. However, some heavy sand and virgin material may be encountered in allowable overdepth, or side slope dredging. Bidders are expected to examine the worksite and after investigation decide for themselves the character of materials.

SECTION 35 20 23.16 45 Page 4

1.6.1 Debris Within the Dredging Limits

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

DIFFERING SITE CONDITIONS.

1.7 UTILITIES ACROSS THE LIMITS OF DREDGING

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

1.7.1 Known Pipeline/Utility Crossings

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

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

Approximate Station

Description Owner

534+20 One 138 kV Overhead Centerpoint Energy Aerial Transmission Line

535+50 Three 6-inch two 8-inch

Arco Pipeline Company

535+50 Two 6-inch One 8-inch Pipeline

Haltermann/Praxair Pipeline Company

543+23 One 108-inch Coastal Industrial Water Authority

652+15 One 4-inch Two 8-inch One 12-inch One 14-inch

Shell Pipeline Corporation

652+15 One 8-inch One 10-inch

Shell Pipeline Corporation

SECTION 35 20 23.16 45 Page 5

Approximate Station

Description Owner

653+50 One 4-inch Two 8-inch

Port Of Houston

652+52 One 12-inch One 14-inch

Port Of Houston

656+42 one 8-inch One 10-inch

Equilon Pipeline Company

706+00 thru 712+00 One 12-inch One 8-inch

Oiltanking of Texas

706+00 thru 712+00

Two 12-inch United Gas Pipeline Co

706+00 thru 712+00 Two 6-inch Natural Gas Pipeline Co. of America

721+00 thru 722+00 Beltway 8 Freeway Bridge;

Horizontal Clearance 700 feet

Texas Turnpike Authority

777+00 thru 782+00 One 8-8/5-inch Phillips Pipeline Co.

777+00 thru 782+00 One 28-inch Explorer Pipeline Co.

777+00 thru 782+00

One 20-inch One 36-inch

Colonial Pipeline

881+00 to 882+50 Two 12-inch Seadrift Pipeline Corporation

912+00 to 912+50 Two 36-inch, two 14-inch, & one 4-inch

Amerada Hess Corporation

974+00 to 978+00 Vehicular Tunnel (Washburn Tunnel)

Harris County

993+00 to 993+50 Concrete Pipeline Tunnel Champion Paper & Fiber Company

1007+50 to 1008+00 Concrete Pipeline Tunnel City of Houston

SECTION 35 20 23.16 45 Page 6

Approximate Station

Description Owner

1018+00 to 1019+00 Two 12-inch pipelines, concrete encased

Amerada Hess Corporation

1018+00 to 1019+00 One 18-inch pipeline,concrete encased

Centerpoint Energy

1019+00 to 1020+00 Overhead Power Lines Centerpoint Energy

1028+50 to 1033+00 Three 10-inch, two 10-inch, & one 16-inch

Cowboy Pipeline

1030+00 to 1031+00 Overhead Power Lines Centerpoint Energy

1031+00 to 1033+00 Concrete Pipeline Tunnel Arco Oil Pipeline Company

AM#2 DELETED

THE FOLLOWING IS FURNISHED FOR INFORMATION ON VERIFYING PIPELINE

OWNERSHIPS:

Lonestar Notification Center 1-713-223-4567 or 1-800-669-8344

Texas 811 (Dig-Tess) 1-800-344-8377

1.8 WORK BY OTHER CONTRACTORS IN THE VICINITY

During the course of this contract, other contractors may be performing work in the vicinity, such as mowing the dikes of the Placement Area. The Government may hold coordination meetings between teh various contractors, the non-federal sponsor, the U.S. Coast Guard Vessel Traffic Service, Houston Pilots Association, and users of the channel on an as-needed basis. The Contractor will be expected to attend these coordination meetings.

1.9 ORDER OF WORK

The Contractor shall begin dredging Section 4 no later than 21 days after issuance of Notice to Proceed. After completing Section 4, the Contractor shall dredge Sections 1 through 3. Sections 5 through 9 may be dredged concurrent with Sections 1 through 3 if multiple dredges are used;

otherwise Sections 5 through 9 shall be dredged after completion of Sections 1 through 3. The Government reserves the right to change the order of work at any time.

SECTION 35 20 23.16 45 Page 7

1.10 OBSTRUCTION OF CHANNEL

The Government will not undertake to keep the Channel free from vessels or other obstructions, except to the extent of applicable regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor will be required to conduct the work using a method that will obstruct navigation as little as possible, and if the Contractor's plant does obstruct the Channel and makes passage of vessels difficult or endangers them, the plant is to be promptly moved on the approach of a vessel as far as may be necessary to afford a practicable passage. Multiple dredges may be allowed on this contract, provided they maintain a separation of five nautical miles from each other. Upon completion of the work, promptly remove plant, including ranges, buoys, piles, and other marks placed under this Contract.

1.11 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

The temporary removal or changes in locations of channel markers may be required to facilitate dredging operations. Notify the Contracting Officer at least 30 days prior to the date that the removal or change in location of channel markers will be required so the U.S. Coast Guard can perform the work and so navigation interests may be informed sufficiently in advance of the proposed removal or change in location.

The Contractor is not to remove, change the location of, obstruct, willfully damage, make fast to, or interfere with aids to navigation.

Indicate temporary removal or changes in locations of channel markers required to facilitate dredging operations.

1.12 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

Notify the Resident Engineer, Houston, in writing, at least 10days prior to commencement of dredging operations, the location or locations at which a dredge or dredges will be placed on the work. This information is required in addition to the progress charts and schedule provided for in the CONTRACT CLAUSE entitled SCHEDULE FOR CONSTRUCTION CONTRACTS.

1.13 SIGNAL LIGHTS

Display signal lights and conduct operations in accordance with the General Regulations of the Department of the Army and of the U.S. Coast Guard governing the:

i) lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations;

ii) lights to be displayed on dredge pipe lines;

iii) day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel;

iv) and the passing by other vessels of floating plant working in navigable channels as set forth in United States Coast Guard publication entitled Navigation Rules and Regulations Handbook. Web site location:

SECTION 35 20 23.16 45 Page 8 http://www.navcen.uscg.gov/?pageName=navRuleChanges

1.14 PLANT

1.14.1 General Requirements

Keep the necessary dredge equipment and attendant plant on the job to meet the requirements of the work. The dredge equipment and attendant plant is to be in satisfactory operating condition and capable of safely and efficiently performing the work as set forth in specifications and be subject to inspection by the Contracting Officer's representative at all times.

1.14.2 Capacity

No reduction in the capacity of the dredge equipment and attendant plant employed to execute the work is to be made except by written direction of the Contracting Officer. The measure of the "Capacity of the Dredge and Attendant Plant" is to be its actual performance on the work to which these specifications apply.

1.15 INSPECTION

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

1.15.1 Equipment

At the request of the Government, 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.

1.15.2 Transportation

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

1.16 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work or any section thereof, if the work is divided into sections and in the opinion of the Contracting Officer will not be subject to damage by further operations under this Contract, this work will be thoroughly examined at the expense of the Government by sounding or by sweeping, or both, as directed. If shoals, lumps, or other lack of Contract depth are disclosed by this examination, the Contractor will be required to remove same by dragging the bottom or by dredging at the Contract rate for dredging but, if the bottom is soft and the shoal areas are small and form no material

SECTION 35 20 23.16 45 Page 9 obstruction to navigation, the removal of the shoal may be waived at the discretion of the Contracting Officer. The Contractor or its authorized representative will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition it will be accepted finally. If more than two sounding or sweeping operations by the Government over an area are necessary, by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of the third and any subsequent sounding or sweeping operations will be charged against the Contractor at the rate of $7,276.00 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.

1.16.1 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 will not change the time of payment of the retained percentages of the whole or any part of the work.

1.17 SHOALS

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.

1.18 UNANTICIPATED SHOALING

During the course of this Contract, unanticipated dredging requirements may develop that require the use of the Contractor and 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 issue a Request for Proposal for the work under the CONTRACT CLAUSE entitled CHANGES, and the work performed upon the execution of a bilateral contract modification.

1.19 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

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, an equitable adjustment will be processed in accordance with FAR 52.211-18, Variation in Estimated Quantity (April 1984). The equitable adjustment applies only to the quantity within the required dredging prism, which does not include the allowable overdepth. 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 5,000 cubic yards in excess of the established limit. The Contractor is not to exceed the estimated quantities in the Contract Line Items without prior authorization and only with a signed modification issued by the Contracting Officer as specified in the Paragraph: QUANTITY OVERRUNS below.

SECTION 35 20 23.16 45 Page 10

1.20 QUANTITY SURVEYS

1.20.1 General

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

1.20.2 Dredging Sections

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

1.20.3 Submittals

Promptly upon completing a survey, 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. Retain copies of submitted material.

1.21 QUANTITY OVERRUNS

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 is not to 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 is to 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.

1.21.1 Estimated Quantities

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

1.21.2 Modification

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

SECTION 35 20 23.16 45 Page 11

1.21.3 Notice and Potential Corrective Action

This provision is not to 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 is to 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.

PART 2 PRODUCTS

2.1 BRIDGE-TO-BRIDGE RADIOTELEPHONE EQUIPMENT

Dredge and self-propelled attendant floating plant is to be radiotelephone equipped to comply with the provisions of the Vessel Bridge-to-Bridge Radiotelephone Act (Public Law 92-63). This will require, as a minimum, the radiotelephone equipment capable of transmitting and receiving on

156.65 MHz (Channel 13). Multi-channel equipment will also require 156.8 MHz (Channel 16). Dredge tugs and tenders will be considered towing vessels within the meaning of the Act.

2.2 LOOKOUTS AND RADIO COMMUNICATIONS

When working in the Houston Ship Channel, have a lookout person posted in the dredge control room at all times to visually monitor the movement of vessels around the dredge plant; to perform radio communications with company workboats; and to deliver passing arrangements with other commercial, fishing and recreational vessels. The lookout is to be competent in U.S. Coast Guard and Federal Communications Commission radio communications procedures and requirements and is to be trained in the Vessel Bridge to Bridge Radiotelephone Act. The lookout is to maintain up to the minute information on the status of each company workboat and approaching vessels, and will communicate this information as required to prevent collisions. Each company workboat is to check in with the lookout when arriving at the dredge and receive radio clearance from the lookout before departing the dredge.

FAILURE TO COMPLY WITH THIS REQUIREMENT WILL BE CONSIDERED A VIOLATION OF

THE SAFETY PROTOCOL ESTABLISHED HEREIN. PURSUANT TO THE DIRECTION OF THE

CONTRACTING OFFICER, THE CONTRACTOR MAY BE REQUIRED TO CEASE OPERATIONS

UNTIL THIS PROVISION IS COMPLIED WITH. A SUSPENSION, DELAY OR

INTERRUPTION OF WORK ARISING FROM NON-COMPLIANCE OF THIS PROVISION WILL

NOT CONSTITUTE A BREACH OF THIS CONTRACT AND WILL NOT ENTITLE THE

CONTRACTOR TO A PRICE ADJUSTMENT IN ACCORDANCE WITH THE CONTRACT CLAUSE

ENTITLED SUSPENSION OF WORK OR ANY OTHER PROVISION UNDER THIS CONTRACT.

PART 3 EXECUTION

3.1 ESTIMATED QUANTITY OF MATERIAL

Within the limits of available funds, the Contractor will be required to excavate the entire quantity of material necessary to complete the work specified whether the quantities involved are greater or less than those estimated. The work is to be done in accordance with this Contract and at the Contract price or prices, subject to the provisions of the SECTION 01 10 00.01 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS, Paragraph entitled VARIATIONS IN ESTIMATED QUANTITIES - DREDGING.

SECTION 35 20 23.16 45 Page 12

3.1.1 Quantity Summary

The quantities listed in Appendix 1 - QUANTITY SUMMARY TABLE include the volumes present at the time of the surveys indicated on the Contract drawings, plus anticipated shoaling before dredging begins. For the purpose of acceptance, the pipeline dredging work in the Bid Item(s) of the Bidding Schedule are divided into Sections.

3.1.2 Required Dredging Prism

The total estimated amount of material to be removed from within the specified limits, including side and end slopes and including anticipated shoaling occurring prior to the dates of the "before-dredging" surveys but excluding overdepths, in cubic yards is listed in Appendix 1 - QUANTITY

SUMMARY TABLE.

3.1.3 Allowable Overdepth

To cover unavoidable inaccuracies of the dredging process, material actually removed from the designated areas to be dredged, will be measured and paid for at full Contract price. The maximum amount of allowable overdepth dredging is estimated, including anticipated shoaling occurring prior to the dates of the "before-dredging" surveys in cubic yards is listed in Appendix 1 - QUANTITY SUMMARY TABLE.

3.1.4 Side And End Slopes

Dredging of the side and end slopes are to follow, as closely as practicable, the lines indicated or specified. Material actually removed from within the limits as approved, to provide for final side and end slopes as specified, but not in excess of the amounts originally above the limiting side and end slopes will be estimated and paid for, whether dredged in original position or by dredging the space below the pay slope plane at the bottom of the slope for upslope material capable of falling into the cut. In computing the limiting amount of side and end slope dredging, net dimensions, without allowance for overdepth, will be used.

3.1.5 Excessive Dredging

Material taken from beyond the limits specified will be deducted from the total amount dredged as excessive overdepth dredging or excessive side or end slope dredging, for which payment will not be made. Nothing herein is to be construed to prevent payment for the removal of shoals performed in accordance with the applicable provisions of the SECTION 01 10 00.01 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS, Paragraph FINAL EXAMINATION AND ACCEPTANCE or Paragraph SHOALING.

3.2 AREAS TO BE DREDGED

Based on information currently available to the Government, areas known to require dredging are shown.

3.3 CONDUCT OF DREDGING WORK

3.3.1 Pre-Operations Safety Coordination Meeting

Prior to arrival on location and commencing dredge operations, the Contractor is to attend a pre-dredging safety coordination meeting between the dredge operators, pilots, towing industry representatives, VTS, and

SECTION 35 20 23.16 45 Page 13 the affected port. It is the Contractor's responsibility to contact Houston Vessel Traffic Service (VTS) at 281-464-4837 to coordinate and schedule this meeting. Contractor is to inform the Government at least 48 hours prior to the scheduled meeting so that a Government Representative may attend.

3.3.2 Protection of Existing Waterways

Conduct dredging operations using a method that will ensure that material or other debris are not pushed outside of the dredging limits or otherwise deposited in existing side channels, basins, docking areas, or other areas being used by vessels. The Contractor will be required to change its method of operations as may be required to comply with the above requirements. If bottom material or other debris is pushed into areas noted above, as a result of the Contractor's operations, the same is to be promptly removed by and at the expense of the Contractor to the satisfaction of the Contracting Officer.

3.3.3 Adjacent Property and Structures

No dredging will be permitted within 25 feet of a structure. Damage to private or public property or structures resulting from the disposal or dredging operations are to be repaired promptly by and at the Contractor's expense. Damage to structures as a result of Contractor's negligence will result in suspension of dredging and require prompt repair at the Contractor's expense as a prerequisite to the resumption of dredging.

Where dredging to obtain the required dimensions might endanger a structure, the Contracting Officer, upon request, may reduce the required excavation in the vicinity of this structure.

3.4 PLACEMENT OF EXCAVATED MATERIAL

3.4.1 Placement Areas Available for Use

Place material dredged from Sections 1 through 4 into Lost Lake Placement Area. Material from Sections 5 through 9 may be placed into either Rosa Allen or Lost Lake Placement Areas if excavated by a pipeline dredge. If Sections 5 through 9 are dredged with a mechanical dredge, this material shall be placed into Lost Lake.

3.4.2 General

Material excavated is to be transported to and deposited in the Placement Area designated. Inspect the Placement Area to ensure that using the Area for placement operations will not place it in violation of the applicable Federal, State, or local statutes concerning fish and wildlife.

Particular statutes which the Contractor to be consider include, but are not limited to, the Federal Migratory Bird Treaty Act and the Endangered Species Act of 1973.

3.4.2.1 Misplaced Material

Material will not be deposited or allowed to flow into project channels or into a bayou, stream tributary to the Channel, or into an existing drainage outlet ditch, canal, water intake or outlet facility, nor will materials be allowed to flow onto improved areas including highways and roads in or adjacent to the Placement Area. If a stream, bayou drainage outlet, ditch, canal, water intake or outlet facility becomes shoaled as a result of the pipeline dredging or placement operations, promptly remove

SECTION 35 20 23.16 45 Page 14 these shoals and the material will be placed in the Placement Area.

Dragging or washing operations to remove the shoals will not be permitted.

3.4.2.2 Placement Operations Inspection

Adequately inspect placement operations in the Placement Area(s) daily to reduce the possibility of accidental breaching of dikes and spillway with resulting spillage of dredged materials outside the Area. If dike failures occur while materials are being pumped into the Placement Area, dredging operations are to be stopped immediately, and the deposit of material in the Area is not to be resumed until the confining structures have been restored to an approved condition. Holes dug on the banks for deadmen or anchorage are to be filled. Confined areas are to be maintained in an operational condition until completion and acceptance of the work under this Contract.

3.4.2.3 Placement Area Drainage

Deposited materials will not impound water or impede natural drainage. If necessary, excavate and maintain ditches to drain the low areas in the dredged material and Placement Area to the weirs. The ditches are to be of adequate number and size to eliminate ponding of water within the limits of the Placement Area.

3.4.2.4 Maintenance of Existing Dike and Drop-outlet Structures

It is the responsibility of the Contractor to verify the current condition of the dike prior to commencement of dredging and to notify the Contracting Officer of slumped or failed areas where there appears to be a potential for failure or overtopping during ponding. The Contractor will have the responsibility of continually monitoring the dike condition and to maintain the dike in a condition and elevation equal to or better than the condition of the dike at the date of this Contract award. Construct temporary access from the existing roadway to each drop-outlet structure in each Placement Area.

3.4.3 Construction of Cofferdam, Lost Lake Placement Area

The drop outlet structure located at the northeast corner of Lost Lake Placement Area is not serviceable. Prior to placing dredged material at this placement area, construct and maintain a temporary cofferdam around the drop outlet structure with sufficient height and width to prevent ponded water or dredge material from entering the structure. Construct the coffer dam from material adjacent to the site, but do not disturb the existing perimeter dike. The cofferdam template and method of construction will be determined by the Contractor after considering the material available for construction and the amount of dredged material to be placed into the site. Inspect the structure daily to verify the integrity of the coffer dam and ensure against overtopping. The cofferdam shall remain in place after completion of dredging.

3.4.4 Spillway Operations

Once placement operations are completed in a confined area for which the Placement Area is being used, the boards on the spillway of that Placement Area are to be removed at a proper rate to allow drainage of the Area. In confined areas, dike and spillway work required is to be completed and accepted prior to placement operations in that Area. Spillways are to be operated in general accordance with guidelines contained in the

SECTION 35 20 23.16 45 Page 15

Engineering Manual EM 1110-2-5027 entitled "Confined Disposal of Dredged Material" , to maintain uniformity of weir elevation around the drop-out structure, as is practicable, during discharge of effluent. Boards are to be uniform in width and of proper length so insertion and removal is not difficult. Cracked, warped or boards of improper length are to be replaced. Seepage between boards during ponding is to be eliminated using plastic sheeting or other effective methods. Upon completion of discharge within a particular Area, remove the boards as soon as practicable to accomplish drainage of the Area.

3.4.5 Site Management

Perform Site Management operations for a period of 30 calendar days after placement operations are complete. This 30-day period is NOT included in the construction time stated in SECTION 00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD, Paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. During the period, the boards on the drop-outlet structure shall be removed at a proper rate to allow drainage of the Area. Water quality standards specified in SECTION 01 45 01.00 QUALITY CONTROL shall continue to be maintained. Daily water quality tests shall continue to be taken and submitted on the Contractor's daily quality control reports. During this period, the Contractor shall not allow deposited material to impound water or impede natural drainage. The Contractor shall, if necessary, excavate and maintain ditches to drain low areas in the Placement Area to the drop-outlet structure (exception: the Contractor is not required to drain existing depressions such as previous borrow sites that were not filled with dredged material.) The ditches shall be of adequate number and size to eliminate ponding of water within the limits of the Placement Area.

3.5 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.5.1 Damages

Fences, roads, ditches, private or public grounds, and other structures or improvements damaged as a result of the Contractor's operations herein specified are to be repaired or rebuilt by and at the Contractor's expense. The areas used by the Contractor in laying and maintaining pipelines are to be restored to the same or as good a condition as existed prior to commencement of the work. Upon completion of the work, the ends of culverts are to be fully closed with wooden bulkheads and trenches and bank cuts are to be backfilled to original ground level.

3.5.2 Accountability and Restoration

Preserve and protect the existing informational and directional signs, camp facilities, water wells and tanks, station markers, mile markers, and mooring piles which have been established along either bank of the Waterway within the reaches of the dredging operations covered herein.

The Contractor will be accountable for and will be required to replace or restore at its expense the signs, camp facilities, water wells and tanks, markers, and mooring piles damaged or destroyed as a result of dredging operations herein specified.

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

AWARD OF CONTRACT

If, after award of this Contract, placement area(s) other than those specified herein are proposed, their acceptance will be subject to

SECTION 35 20 23.16 45 Page 16 approval. Furnish written permission from the owners for the use of the substitute placement area(s) and written permission from the owners of the properties involved in obtaining access to the substitute placement area(s). Coordinate the use of the substitute placement area(s) with Federal and State Natural Resource Agencies and submit, with its proposal, documentation that demonstrates compliance with the applicable laws and regulations pertinent to designation and coordination of dredged material placement area(s). The Galveston District will be consulted for specific requirements. Expenses incurred in connection with providing and making available another placement area(s) are to be borne by the Contractor.

Materials deposited thereon and operations in connection therewith will be at the Contractor's risk.

3.6.1 Data Submittal

The award of the modification will be subject to the approval of the proposed Contractor-furnished Placement Area(s) and unless the foregoing required data are furnished with the Contractor's request, the modification for the use of the proposed substitute Placement Area(s) will not be considered.

3.7 METHOD OF PLACEMENT

Deposit dredged material by either hydraulic or mechanical process.

Pipeline for hydraulic dredging is to discharge into the Placement Areas as shown or indicated.

3.7.1 Pipeline Route

The Contractor shall determine the pipeline routes subject to approval of the Contracting Officer and shall provide the information required.

Detailed right-of-way drawings showing the location of the pipeline route(s) with respect to property lines are available for inspection at the Houston Resident Office.

3.8 DISPOSAL IN PLACEMENT AREA

3.8.1 Utilities within the Placement Area

Every effort has been made to give pertinent details of the location of utilities, pipelines, and other facilities which may be encountered in trenching or jacking operations. Investigate existing conditions and be satisfied that no additional construction which may interfere with dredge pipeline laying specified herein exists.

3.8.2 Unauthorized Placement of Material

Excavated material that is deposited elsewhere than in places designated or approved will not be paid for and the Contractor may be required to remove the misplaced excavated material and deposit it where directed at Contractor's expense.

3.8.3 Debris Disposal

During the progress of the work, do not deposit worn out discharge pipe, wire rope, scrap metal, timbers, or other rubbish or obstructive material in the Placement Area, or along the banks of the navigable waters, except as specified herein. This material, together with scrap rope, wire cable, piles, pipe, or other obstructive material which may be encountered during

SECTION 35 20 23.16 45 Page 17 the dredging operations, are to be disposed by the Contractor at approved locations.

3.9 DREDGE PIPELINES

Plainly mark the pipeline access routes with conspicuous stakes, targets and buoys which are to be maintained throughout this Contract period. The pipeline is to be inspected at least twice daily for leaks. Reference the SECTION 01 35 26.01 45 GOVERNMENTAL SAFETY REQUIREMENTS for additional dredge pipeline safety requirements.

3.9.1 Submerged Pipeline

If the Contractor elects to use a submerged section in the dredge discharge pipeline for crossing a navigable channel it may do so without the formality of obtaining a Department of the Army permit for work or structures in navigable waters. Discuss the submerged section of dredge pipeline during the pre-operations safety meeting. Coordinate the submerged pipeline crossing(s) with the U.S. Coast Guard Marine Safety Office (MSO), U.S. Coast Guard Vessel Traffic Service (VTS), and the Houston Pilots Association (HPA). At least 5 days are to be allowed for comments and their comments are to be coordinated with the Contracting Officer. Concerns regarding impact to navigation will be considered and final resolution will be made by the Contractor, Contracting Officer, MSO, VTS, and HPA. The submittal of the detailed plans of the submerged pipeline section is to be submitted and approved prior to use of the submerged pipeline section. The plans are to indicate clearly the width and depth of the navigation opening and the method used to mark it by day and by night for the safety of navigation. The minimum bottom width of the submerged section is not to be less than the width of the authorized Federal Channel. The highest point on the pipe or ball connection occurring across the bottom width of a submerged section is not to be higher than the required depth of the channel. Submerged pipelines are to also be in accordance with SECTION 01 35 26.01 45 GOVERNMENTAL SAFETY

REQUIREMENTS.

3.9.2 Submerged Pipeline Lighting Requirements

Lighted buoys, meeting the requirements of the U.S. Coast Guard Regulation 33 C.F.R. 62.25 Lateral marks, are to be provided by the Contractor to mark the navigation opening. A red buoy exhibiting a quick flashing red light is to be used to mark the right side of the opening and a black buoy exhibiting a quick flashing green light is to be used to mark the left side of the opening. The frequency of the flashes are to be not less than 60 per minute. "Right side" and "left side" of the opening is to be in conformance with the lateral system of buoyage established by the U.S.

Coast Guard. Requirements for lighted buoys and description of the lateral system of buoyage will be found in the U.S. Coast Guard Publication entitled "Aids to Navigation." Lights to be displayed on pipelines are to be in accordance with the U.S. Coast Guard Regulation 33 CFR 84 Annex 1: Positioning and Technical Details of Lights and Shapes:

http://www.ecfr.gov/cgi-bin/text-idx?SID=af0fba13c030ab68deca2ccd17a 3493a&node=pt33.1.84&rgn=div5.

3.9.3 Floating Pipeline

If the Contractor's pipeline does not rest on the bottom, it will be considered a floating pipeline and is to be visible on the surface and clearly marked. The Contractor's pipeline is not to be allowed to

SECTION 35 20 23.16 45 Page 18 fluctuate between the surface and, or lie partly submerged. Lights are to be installed on the floating pipeline as required in the Paragraph: SIGNAL LIGHTS. The lights are to be supported either by buoys or by temporary piling, provided by the Contractor and approved. Where the pipeline does not cross a navigable channel, the flashing yellow all-around lights are to be spaced not over 200 feet apart, unless closer spacing is required by U.S. Coast Guard personnel, in which case the requirements of the U.S.

Coast Guard will govern, at no additional cost to the Government.

Floating pipelines are to also be in accordance with SECTION 01 35 26.01 45

GOVERNMENTAL SAFETY REQUIREMENTS.

3.9.4 Pipeline Leaks

If a leak occurs in the discharge pipeline, immediately discontinue using the line until leaks are repaired. The Contractor will be responsible for removing material placed due to leaks or breaks.

3.9.5 Magnetometer Survey Report

At the completion of dredging, perform magnetometer surveys to verify removal of all submerged pipeline.