AMEND-0002_W9126G18B0029.pdf

W45VAK81424673 076085

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 Gulf Intracoastal Waterw ay, Texas, Rollover Pass to Galveston Causew ay in Galveston County, Texas, Pipeline Dredging in w hich bids are due 24 Aug 18 @ 2:00 PM (CDT) is hereby amended as follow s:

Continued on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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 W9126G18B0029

X 9B. DATED (SEE ITEM 11)

25-Jul-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

16-Aug-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:

M3ODXMAN

Typewritten Text

W9126G-18-B-0029

A0002-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-18-B-0029, Gulf Intracoastal Waterway, Texas, Rollover to Causeway and Bolivar Flare, in Galveston 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.

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

b) Drawings.

(1) DRAWING NO. C-102 - The enclosed Drawing No. C-102, supersedes that issued with this Solicitation.

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

3 Encls:

1. SECTION 35 20 23.16 45, DREDGING

2. SECTION 35 20.23.16 45, PIPELINE DREDGING, APPENDIX 1 – QUANTITY SUMMARY

TABLE

3. DRAWING NO. C-109

SWG FILE NO.:IWW 1101-295 SOLICITATION NO.:W9126G18B0029

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.16 45

PIPELINE DREDGING

PART 1 GENERAL

1.1 SUMMARY

1.2 MEASUREMENT AND PAYMENT

1.3 WORK COVERED BY CONTRACT PRICE

1.3.1 Existing Conditions

1.4 REFERENCES

1.5 SUBMITTALS

1.6 MATERIAL TO BE REMOVED

1.6.1 Debris Within the Dredging Limits

1.7 Debris Control and Cleanup Plan Requirements

1.8 EASEMENTS

1.9 UTILITIES ACROSS THE LIMITS OF DREDGING

1.9.1 Known Pipeline/Utility Crossings

1.10 ORDER OF WORK

1.11 OBSTRUCTION OF CHANNEL

1.12 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

1.13 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

1.14 SIGNAL LIGHTS

1.15 PLANT

1.15.1 General Requirements

1.15.2 Capacity

1.15.3 Inspectors (Government Agents) Transportation

1.16 INSPECTION

1.16.1 Equipment

1.16.2 Transportation

1.17 QUANTITY SURVEYS

1.18 FINAL EXAMINATION AND ACCEPTANCE

1.18.1 Acceptance

1.19 SHOALS

1.20 UNANTICIPATED SHOALING

1.21 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.22 CONTINUITY OF WORK

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

3.1.1 Quantity Summary

3.1.2 Required Dredging Prism

3.1.3 Allowable Overdepth

3.1.4 Side And End Slopes

SECTION 35 20 23.16 45 Page 1

(TO ACCOMPANY AMENDMENT NO. 0002 TO SOLICITATION NO. W9126G18B0029)

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 General

3.4.1.1 Misplaced Material

3.4.1.2 Placement Operations Inspection

3.4.1.3 Placement Area Drainage

3.4.1.4 Maintenance of Existing Dike and Drop-outlet Structures

3.4.2 Spillway Operations

3.5 Placement Areas

3.5.1 West Rollover Beach Placement Area

3.5.1.1 DISCHARGE END SCREENING DEVICES

3.5.1.2 Inspection of Oversized Material

3.5.1.3 DEBRIS CLEANUP WEST ROLLOVER BEACH PLACEMENT AREA

3.5.1.4 EXISTING CONDITIONS WEST ROLLOVER BEACH PLACEMENT AREA

3.5.1.4.1 "Before Dredging" Beach Placement Site Conditions

3.5.1.4.2 "After Dredging" Beach Placement Site Conditions

3.5.2 Confined Placement Area No. 42

3.5.3 Open Water Placement Area (OWPA) (AM#2) Nos. 50 and 51

3.5.4 Partially Confined Placement Area No. 43

3.6 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.6.1 Damages

3.6.2 Accountability and Restoration

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

AWARD OF CONTRACT

3.7.1 Data Submittal

3.8 METHOD OF PLACEMENT

3.8.1 Pipeline Route

3.9 DISPOSAL IN PLACEMENT AREA

3.9.1 Utilities within the Placement Area

3.9.2 Unauthorized Placement of Material

3.9.3 Debris Disposal

3.10 DREDGE PIPELINES

3.10.1 Submerged Pipeline

3.10.2 Submerged Pipeline Lighting Requirements

3.10.3 Floating Pipeline

3.10.4 Pipeline Leaks

3.10.5 Magnetometer Survey Report

3.11 HOUSTON-GALVESTON VESSEL TRAFFIC SERVICE AREA

3.11.1 General

3.11.2 Report Changes

3.11.3 Vessel Traffic Service Location

3.11.4 Communications

3.11.5 Operations

3.12 WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

3.13 DREDGING AND DREDGE RELATED MARINE WORK (CESWG)

3.14 AUTOMATIC IDENTIFICATION SYSTEM

3.15 DREDGE PLANT INSTRUMENTATION

3.16 ENDANGERED SPECIES MONITORING

3.16.1 ENDANGERED SPECIES PROTECTION PLAN

3.16.1.1 Content of Endangered Species Protection Plan

3.16.2 Sea Turtles

3.16.2.1 Training

3.16.2.2 Methodology

3.16.2.3 Daily Surveys

SECTION 35 20 23.16 45 Page 2

3.16.2.4 Equipment Staging Area

3.16.2.5 Lighting

3.16.2.6 Notification

3.16.3 Piping Plovers

3.16.3.1 Training

3.16.3.2 Monitoring

3.16.3.3 Notification

ATTACHMENTS:

Appendix 1 - QUANTITY SUMMARY TABLE

-- End of Section Table of Contents --

SECTION 35 20 23.16 45 Page 3

SECTION 35 20 23.16 45

PIPELINE DREDGING

AMENDMENT NO. 0002

PART 1 GENERAL

1.1 SUMMARY

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

1.2 MEASUREMENT AND PAYMENT

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

PAYMENT.

1.3 WORK COVERED BY CONTRACT PRICE

Base bids on the quantity of dredging indicated. If the total quantity of dredging varies from that specified as the basis for bidding, the Contract price will be adjusted in accordance with the CONTRACT CLAUSE entitled 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 using average existing conditions. However, to reflect anticipated shoaling occurring between the dates of preparation of the drawings and the dates of the "before-dredging" sections, the estimated dredging quantities stated in the Bid Schedule have been adjusted accordingly. The depths and elevations shown will be verified and corrected by fathometer soundings taken by the Government before dredging. The Government will normally use a frequency of 200 kHz to conduct hydrographic surveys. If the surveys indicate the presence of fluff in the channel, a frequency of 40 kHz will be used.

Determination of quantities removed and the deductions made from them to determine quantities by in-place measurement to be paid for in the area specified, after having once been made will not be reopened, except on evidence of collusion, fraud, or obvious error.

SECTION 35 20 23.16 45 Page 4

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

The Contractor shall not 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.

Debris Control and Cleanup Plan; G, AO

Prior to commencement of any work at West Rollover Beach Placement Area, including delivery of any plant, equipment or construction materials to the site, submit a Debris Control and Cleanup Plan (DCCP). The DCCP shall consist of the items as specified herein.

"Before Dredging" Beach Placement Site Conditions; G, AO

Submit "Before Dredging" beach photos prior to the start of disposal operations at the West Rollover Beach Placement Area.

"Before Dredging" Beach Profile Cross Sections; G, AO

Provide "Before Dredging" beach profiles prior to the start of disposal operations at the West Rollover Beach Placement Area.

Endangered Species Protection Plan; G, AO

Submit an Endangered Species Protection Plan (ESPP) to include the name and qualifications of the consultant that will be conducting training along with training documentation.

SECTION 35 20 23.16 45 Page 5

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-04 Samples

Discharge End Screening Device; G, AO

Prior to commencement of any dredge material placement work at West Rollover Beach Placement Area, provide working demonstration that the discharge end screening device operates as designed, subject to approval by Contracting Officer.

SD-06 Test Reports

Magnetometer Survey Report; G

No later than 10 working days after demobilization of submerged pipeline routes, submit a magnetometer survey report.

SD-11 Closeout Submittals

"After Dredging" Beach Placement Site Conditions; G, AO

Upon completion of disposal operations and prior to demobilization at the West Rollover Beach Placement Site, submit "After Dredging" beach photos.

"After Dredging" Beach Profile Cross Sections; G, AO

No later than 10 working days after completion of disposal operations at the West Rollover Beach Placement Site, submit "After Dredging" beach profiles.

1.6 MATERIAL TO BE REMOVED

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

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

SECTION 35 20 23.16 45 Page 6 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 Debris Control and Cleanup Plan Requirements

The Debris Control and Cleanup Plan shall include the following:

(1) Shop drawings and detailed descriptions of the required screening device at the discharge end of the pipeline. The plan shall also include the materials, equipment, procedures and personnel to be used in the construction, operations, and oversight of such devices.

(2) Personnel, equipment, and procedures to be used to perform visual inspections of debris accumulation at the discharge end of the pipeline at West Rollover Beach Placement Area.

(3) The measures to be followed if oversized material is discovered in the screening devices (defined as any object large enough to cause damage to the screening device or restrict the flow of dredged material passing through the screening device).

(4) The procedures to inspect, remove, and dispose of all debris collected in the screening device. Inspection of debris accumulation and debris removal from the basket shall be scheduled during standard dredge delays such as non-operating times due to barge traffic or moving pipeline at West Rollover Beach Placement Area.

(5) Estimated downtime per day (in hours) to remove debris from the screening device.

(6) The measures to be followed if any debris are identified as deposited on the West Rollover Beach Placement Area.

1.8 EASEMENTS

Permits authorizing the laying of shore pipe, and for placement of dredge material in the Placement Area(s), are on file and available for examination in the Galveston Resident Office of the U.S. Army Corps of Engineers, Jadwin Building, 2000 Fort Point Road, Galveston, Texas. The instruments authorizing the laying of shore pipelines may contain certain restrictions relative to specific route, location, and general use of the land. These instruments form a part of these specifications and the Contractor is to strictly comply with the terms thereof.

1.9 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

SECTION 35 20 23.16 45 Page 7 repaired and approved. Costs of these repairs and downtime of the dredge and attendant plant is to be at the Contractor's expense.

1.9.1 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

Permit No. Description Owner

302+316 14091 Two (2) 10-inch Pipelines, (Natural Gas)

Centenas Intrastate Pipeline, LP (303)595-3331

302+417 06950 Williams Field Services Company, LLC (918)573-3454

16-inch Pipeline (Natural Gas)

THE ABOVE LIST OF UTILITY/PIPELINE CROSSINGS MAY NOT BE ALL INCLUSIVE. IT

SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO REVIEW ALL CONTRACT DOCUMENTS

AND ENSURE ALL UTILITY/PIPELINE CROSSINGS ARE IDENTIFIED. FURTHERMORE, THE

CONTRACTOR SHALL PERFORM THEIR DUE DILIGENCE TO IDENTIFY ALL KNOWN PIPELINE

CROSSINGS AND ENSURE THE WORK AREA IS CLEARED FOR DREDGING OPERATIONS PRIOR

TO COMMENCEMENT OF DREDGING IN EACH PARTICULAR REACH. THE CONTRACTOR SHALL

SUBMIT EVIDENCE TO THE COR ATTESTING TO THE CONTRACTOR'S EFFORTS IN

LOCATING UTILITY/PIPELINE CROSSINGS.

THE FOLLOWING IS FURNISHED FOR INFORMATION ON VERIFYING PIPELINE OWNERSHIPS:

Lonestar Notification Center 1-800-545-6005 or online at www.Lonestar811.com

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

1.10 ORDER OF WORK

In order to avoid Sea Turtle nesting season, the Contractor shall commence dredging in Section Nos. 3 and 4 as the first order of work, from Station 211+000 to Station 221+000, and complete beach placement and debris clean-up at the West Rollover Beach Placement Area no later than March 15 of the calendar year. The Contractor will be required to reflect this requirement in the initial schedule submitted to the Government. The Contractor may commence dredging of the remaining sections in the order it desires. The Government reserves the right to change the order of work at any time.

1.11 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

SECTION 35 20 23.16 45 Page 8

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.Upon completion of the work, promptly remove plant, including ranges, buoys, piles, and other marks placed under this Contract.

1.12 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 21 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.

1.13 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

Notify the Contracting Officer's Representative, in writing, at least 10 days 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.

1.14 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:

http://www.navcen.uscg.gov/?pageName=navRuleChanges

1.15 PLANT

1.15.1 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

SECTION 35 20 23.16 45 Page 9 efficiently performing the work as set forth in specifications and be subject to inspection by the Contracting Officer's representative at all times.

1.15.2 Capacity

The effective production rate of the dredge plant shall not be less than 360,000 cubic yards per month. 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.

1.15.3 Inspectors (Government Agents) Transportation

Furnish throughout the Contract period, for the exclusive use of the Government: a motorboat, minimum 18 feet in length, with enclosed cabin, a minimum of a 50 horsepower motor and equipped with safety equipment as required by EM 385-1-1. Furnish fuel, oil, and maintenance for the motorboat throughout the Contract period. Assume full responsibility for the storage and security of the motorboat when not in use by the Government employees. There will be no separate payment for these items and the cost will be distributed throughout the existing bid items. Equipment which fails to perform because of insufficient power or other mechanical deficiencies are to be replaced and inexperienced operators unable to operate the equipment are to be replaced within 12 hours after the Contractor is directed to do so. No smoking is to be allowed inside the cabin and operator's space while occupied by Government personnel. No Smoking signs are to be posted. 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 INSPECTION

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

1.16.1 Equipment

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

1.16.2 Transportation

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

SECTION 35 20 23.16 45 Page 10

1.17 QUANTITY SURVEYS

(1) 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.

(2) The Contractor shall conduct the original and final surveys and surveys for any periods for which progress payments are requested. These surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting officer waives this requirement in a specific instance. The Government will make the computations that are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested.

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

1.18 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 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 second and any subsequent sounding or sweeping operations will be charged against the Contractor at the rate of $ 6,353.00 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.

1.18.1 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.

1.19 SHOALS

If, before this Contract is completed, shoals occur in a section previously

SECTION 35 20 23.16 45 Page 11 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.

1.20 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. 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.

1.21 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 10,000 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.

1.22 CONTINUITY OF WORK

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

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.

SECTION 35 20 23.16 45 Page 12

2.2 LOOKOUTS AND RADIO COMMUNICATIONS

When working in the Gulf Intracoastal Waterway, 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 Paragraph entitled VARIATIONS IN ESTIMATED QUANTITIES - DREDGING.

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

SECTION 35 20 23.16 45 Page 13 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 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 on the drawings.

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 the affected port. It is the Contractor's responsibility to contact Houston Vessel Traffic Service (VTS) at 713-671-5103 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

SECTION 35 20 23.16 45 Page 14 result in suspension of dredging and require prompt repair at the Contractor's expense as a prerequisite to the resumption of dredging.

3.4 PLACEMENT OF EXCAVATED MATERIAL

3.4.1 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.

3.4.1.1 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 these shoals and the material will be placed in the Placement Area. Dragging or washing operations to remove the shoals will not be permitted.

3.4.1.2 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. The CONTRACT CLAUSE entitled DAMAGE TO WORK is only applicable to damage of dikes and other non-dredging items.

3.4.1.3 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.

3.4.1.4 Maintenance of Existing Dike and Drop-outlet Structures

The available information regarding the height and dimensions of dike and dimensions and elevations of the drop-outlet structures are contained in these Contract documents; however, 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

SECTION 35 20 23.16 45 Page 15 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.

3.4.2 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 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.

3.5 Placement Areas

The Contractor shall place dredged material from each Section into the appropriate Placement Areas as follows:

(AMD#1)

3.5.1 West Rollover Beach Placement Area

Material dredged from Section Nos. 3 and 4 shall be deposited in the West Rollover Beach Placement Site. The dredge material shall be distributed evenly along the beach and the number of dredge pipeline movements shall be in direct proportion to the length of the channel reach and the length of the beach front to pump in. The Contractor shall not allow pipeline movement closer than 300 feet. The Contractor will be required to furnish "Before Dredging" Beach Profile Cross Sections to the Government, immediately prior to the start of dredging operations, and "After Dredging" Beach Profile Cross Sections upon the completion of dredging operations within Section Nos. 3 and 4. Establish a 4,000 foot baseline and a benchmark for vertical control, on which the profiles shall be based. The baseline shall follow a line extending the bulkhead on the west bank of Rollover Pass, to a point 4,000 feet west on the open beach. The beach profile shall be essentially perpendicular to the Rollover Pass Channel centerline, and shall be placed parallel to, and no closer than 50 feet from the vegetation line along Rollover Beach. Beach profiles shall be taken every 300 feet along the established baseline, starting 1,000 feet from the Rollover Pass West Bulkhead. Beach profiles shall also be taken at each discharge point. The beach profiles shall be 500 feet in length, extending 50 feet shoreward from the established baseline and extending 450 feet seaward from the established baseline. Point elevations shall be taken at all surface inflections or every 20 feet which ever is less. The "Before Dredging" and "After Dredging" beach profiles shall be taken at the same locations on the baseline, immediately prior to and after dredge disposal operations in West Rollover Beach Placement Area discharge corridor. The "Before Dredging" completed survey data, along with the plotted cross sections, drawn to scale shall be submitted to Galveston

SECTION 35 20 23.16 45 Page 16

Resident Office, prior to start of any work at West Rollover Beach Placement Site. The "After Dredging" completed survey data, along with plotted cross sections, drawn to scale shall be submitted to the Galveston Resident Office, within 10 working days after completion of dredging operations in Section Nos. 3 and 4.

Provide a minimum of 4 temporary safe access ramps over the dredge pipeline corridor along the west bank of Rollover Pass. The safe access ramps shall be constructed to enable public foot traffic to traverse over the dredge pipeline corridor and access the west bank of Rollover Pass. The safe access ramp crossovers shall be spaced evenly along the dredge pipeline corridor on west bank and remain in place for public use during the entire duration of dredging operations at West Rollover Beach Placement Area.

Remove the safe access ramps and restore the area to pre-existing conditions once all of the dredge pipeline across Rollover Pass is demobilized from the jobsite. Construct the safe access ramps as required by EM 385-1-1.

3.5.1.1 DISCHARGE END SCREENING DEVICES

Prevent debris from being placed on the West Rollover Beach Placement Site by utilizing a Discharge End Screening Device. The required screening device shall meet the following requirements:

(1) The screening device shall be made of rugged steel or composite material, one-piece or welded members, and constructed as a basket-type device to retain debris and prevent debris from spreading across the footprint of West Rollover Beach Placement Site during dredging operations.

(2) Relief windows will be permitted only to the side opposite of the inflow and at least 12 inches from the bottom of the basket. Windows shall be sized and located to prevent large items from escaping the basket during dredging operations.

(3) The screening device shall be designed to retain all items 0.75 inches in diameter and larger. The openings on the screening device shall be of uniform dimension (i.e. a grid or a series of round holes). Slotted openings will not be permitted. The maximum allowable opening size is 0.75 inches x 0.75 inches.

(4) The screening device shall be removable for easy replacement if damaged and shall provide a production rate that allows the Contractor to complete all dredging and beach placement area work within the contract duration.

(5) The screening device shall be designed for easy access to periodically remove accumulated debris within the basket.

(6) Maintain adequate replacement parts and additional screening devices on site to ensure the production for the work does not stop due to damaged devices, or delays in the inspection and cleanup process.

(7) The screening device to be used shall be demonstrated on site by the Contractor to meet all requirements as specified and are subject to approval of the Contracting Officer.

Provide minor adjustments to the beach screening devices as directed by the Contracting Officer to accommodate varying types and amounts of material

SECTION 35 20 23.16 45 Page 17 being screened at the beach, at no additional cost to the Government.

Minor adjustments to the beach screening devices will be made during standard dredge delays or while devices are out of rotation and not in use. As an example, relief windows other than the required screen apertures are sometimes needed to be enlarged, reduced, or relocated to minimize residual debris in the basket during the inflow process.

3.5.1.2 Inspection of Oversized Material

Implement a method for inspection of all oversized material collected during beach placement pumping operations. Every effort shall be made to flush all sand out of the residual material to allow for 100 percent inspection.

3.5.1.3 DEBRIS CLEANUP WEST ROLLOVER BEACH PLACEMENT AREA

The Contractor may encounter debris passing through the screening device and onto the beach during dredging operations. The Contractor shall thoroughly remove all debris discharged within the limits of the West Rollover Beach Placement Site by their dredging operations. The Contractor shall inspect the entire footprint of the West Rollover Beach Placement Site and remove all non-metal and metal debris.

3.5.1.4 EXISTING CONDITIONS WEST ROLLOVER BEACH PLACEMENT AREA

3.5.1.4.1 "Before Dredging" Beach Placement Site Conditions

Document, with photos, the "before dredging" condition of West Rollover Beach Placement Site and provide such documentation to the Galveston Resident Office prior to the start of placement operations. Include the contract title, the contract number, the date the photo was taken and the station number or approximate location where each photo was taken. At a minimum, take the "before dredging" beach condition photos at 500 foot increments along the entire West Rollover Beach Placement site. Submitted photos shall be of sufficient quality to distinguish the "before dredging" debris and trash along the beach.

3.5.1.4.2 "After Dredging" Beach Placement Site Conditions

Document, with photos, the "after dredging" condition of West Rollover Beach Placement Site and provide such documentation to the Galveston Resident Office prior to demobilization from the jobsite. Include the contract title, the contract number, the date the photo was taken and the station number or approximate location where each photo was taken. At a minimum, take the "after dredging" beach condition photos at 500 foot increments along the entire West Rollover Beach Placement site. "After dredging" photos shall be taken at the same locations as the "Before dredging" photos. Submitted photos shall be of sufficient quality to distinguish the "after dredging" debris and trash along the beach.