AMEND-0001_W9126G18B0032.pdf

W45VAK80543084

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

The purpose of this amendment is show n on the pages follow ing: See page 2.

BID OPENING DATE IS EXTENDED TO 20 AUG 2018 @ 2:00 P.M.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 63

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 W9126G18B0032

X 9B. DATED (SEE ITEM 11)

17-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 X is extended, is not extended.

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

(a) By completing Items 8 and 15, and returning 1 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

03-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:

W9126G18B0032

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G18B0032, Morgan’s Point to Exxon and Barbours Cut Ship Channel in Harris County, Texas, Pipeline Dredging, are hereby amended as follows:

a) Specifications.

(1) SECTION 00 11 00.00 45, BID SCHEDULE – The enclosed SECTION 00 11 00.00 45 entitled BID SCHEDULE supersedes that issued with this Solicitation.

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

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

(4) SECTION 35 20 23.16 45, PIPELINE DREDGING, APPENDIX 1 – QUANTITIY

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

b) Appendices

(1) PERMIT NO. SWG-1999-02499; AMENDMENT

(2) PERMIT NO. SWG-1999-02499; MODIFICATION

c) Drawings.

(1) DRAWINGS NOS. G-002, G-003, C-307 THROUGH C-309 - The enclosed Drawings Nos.

G-002, G-003 and C-307 through C-309 supersedes that issued with this Solicitation.

(2) DRAWINGS NOS. C-314 THROUGH C-317, C-401 - The enclosed Drawings Nos. C-314 through C-317 and C-401 are in addition to that issued with this Solicitation.

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

7 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

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

3. SECTION 35 20 23.16 45, PIPELINE DREDGING

4. SECTION 32 20 23.16 45, PIPELINE DREDGING, APPENDIX 1 – QUANTITY SUMMARY

TABLE

5. PERMIT NO. SWG-1999-02499; AMENDMENT

6. PERMIT NO. SWG-1999-02499; MODIFICATION

7. DRAWING NOS. G-002, G-003, C-307 THROUGH C-309, C-314 THROUGH C-317, AND C-

SWG FILE NO.:HSC 401-568 SOLICITATION NO.:W9126G18B0032

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 Schedule No. 1

1.1.2 Option No. 1

1.1.3 Option No. 2

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

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $___________

0002 Pipeline Management 1 JOB SUM $___________

0003 Dredging Houston Ship Channel, Sections 1 through 4

961,500 C.Y. $___________ $___________

0004 Dredging Barbours Cut Terminal, Sections 5 through 7

604,900 C.Y. $___________ $___________

0005 Site Management

1 JOB SUM $___________

TOTAL SCHEDULE NO. 1 $___________

NOTE: The Government may delay issuing the Notice to Proceed not to exceed 120 days after award. Completion time stated in SECTION 00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD is for Schedule No. 1 work.

DOCUMENT 00 11 00.00 45 Page 2

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.2 Option No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 1

0006 Re-Dredging Barbours Flare, Section 8

134,200 C.Y. $___________ $___________

TOTAL OPTION NO. 1 $___________

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

NOTE FOR OPTION NO. 1: The Government may exercise this Option by written notice to the Contractor prior to completion of all authorized work. An additional time of 27 calendar days will be added to this Contract for completion of this Option.

DOCUMENT 00 11 00.00 45 Page 3

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.3 Option No. 2

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 2

0007 Pipeline Management, Port of Houston (PHA) Docks

1 JOB SUM $___________

0008 Dredging Port of Houston (PHA) Docks, Section 9

295,400 C.Y. $___________ $___________

0009 Standby for Docks

115 HR $___________ $___________

0010 Debris Removal, PHA Docks 30 TON $___________ $___________

TOTAL OPTION NO. 2 $___________

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

NOTE FOR OPTION NO. 2: The Government may exercise this Option by written notice to the Contractor prior to completion of all authorized work. An additional time of 55 calendar days will be added to this Contract for completion of this Option.

DOCUMENT 00 11 00.00 45 Page 4

(TO BE ATTACHED TO STANDARD FORM 1442)

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

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

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 5

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

PART 1 GENERAL

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

52.211-10)

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

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

1.4 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

1.5 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (52.236-1)

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

DOCUMENT 00 73 00.01 45 Page 1

SECTION 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

AMENDMENT NO. 0001

PART 1 GENERAL

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

52.211-10)

The Contractor shall be required to:

(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than (AM #1)230 calendar days after the date contractor received notice to proceed.

The time stated for completion shall include final cleanup of the premises.

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,583.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

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

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by hydrographic surveys.

(b) Weather Conditions. Under ordinary conditions, the mean tidal range is about 1 feet. The height of tide is largely dependent on the force, direction, and duration of the wind. Strong northerly winds may depress the water surface as much as, and in some instances more than, 3 feet below Mean Lower Low Water (MLLW), while southerly winds may raise the water surface as much as, and in some instances more than, 4 feet above MLLW.

(c) Transportation Facilities. The immediate vicinity is served by railroad, highway, and deep and shallow draft channels. The Morgans Point to Exxon reach is accessible by water from the Gulf of Mexico and

DOCUMENT 00 73 00.01 45 Page 2

Gulf Intercoastal Waterway.

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

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

1.4 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

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

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the con-tractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VI. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

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

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

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

1.5 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (52.236-1)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 65 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

DOCUMENT 00 73 00.01 45 Page 3

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Document --

DOCUMENT 00 73 00.01 45 Page 4

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.16 45

PIPELINE DREDGING

PART 1 GENERAL

1.1 SUMMARY

1.2 MEASUREMENT AND PAYMENT

1.3 WORK COVERED BY CONTRACT PRICE

1.3.1 Existing Conditions

1.4 REFERENCES

1.5 SUBMITTALS

1.6 CHARACTER OF MATERIAL

1.6.1 Debris Within the Dredging Limits

1.7 EASEMENTS

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

1.8.1 Known Pipeline/Utility Crossings

1.9 ORDER OF WORK

1.9.1 Dredging Options

1.10 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 QUANTITY SURVEYS

1.17 FINAL EXAMINATION AND ACCEPTANCE

1.17.1 Acceptance

1.18 SHOALS

1.19 UNANTICIPATED SHOALING

1.20 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.21 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

3.1.5 Excessive Dredging

SECTION 35 20 23.16 45 Page 1

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

3.4.3 Site Management

3.5 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.5.1 Damages

3.5.2 Accountability and Restoration

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

AWARD OF CONTRACT

3.6.1 Data Submittal

3.7 METHOD OF PLACEMENT

3.7.1 Pipeline Route

3.8 DISPOSAL IN SPILMAN ISLAND 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

3.15 STANDBY

3.15.1 Manning

3.15.2 Lookouts

3.15.3 Measuring and Annotating

3.15.4 Dredge to Remain Stationary

3.15.5 Removal from Standby

3.15.6 Recording Standby

ATTACHMENTS:

Appendix 1 - QUANTITY SUMMARY TABLE

SECTION 35 20 23.16 45 Page 2

SECTION 35 20 23.16 45

PIPELINE DREDGING

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SUMMARY

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

1.2 MEASUREMENT AND PAYMENT

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

PAYMENT.

1.3 WORK COVERED BY CONTRACT PRICE

Base bids on the quantity of dredging indicated. If the total quantity of dredging varies from that specified as the basis for bidding, the Contract price will be adjusted in accordance with the CONTRACT CLAUSE entitled VARIATION IN ESTIMATED QUANTITIES. The dredging conditions specified and indicated describe conditions which are known. However, the Contractor is responsible for other conditions encountered which are not unusual when compared to the conditions recognized in the dredging business as usual in dredging activities such as those required under this Contract. The Contract price for dredging will include the cost of removal and placement of the material as specified in the Paragraphs: CHARACTER OF MATERIAL and PLACEMENT OF EXCAVATED MATERIAL. The Contract price for dredging 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. (AM#1)The latest surveys available are on http://www.swg.usace.army.mil/Missions/Navigation/HydrographicSurveys.aspx Go to the link labeled "Galveston - Texas City - Houston." Channel maps and xyz data can be downloaded; the vertical datum is indicated on the channel maps. However, to reflect anticipated shoaling occurring between the dates of preparation of the drawings and the dates of the "before-dredging" sections, the estimated dredging quantities stated in the Bid Schedule have been adjusted accordingly. The depths and elevations shown will be verified and corrected by fathometer soundings taken by the Government before dredging. The Government will normally use a frequency of 200 kHz to conduct hydrographic surveys. If the surveys indicate the presence of fluff in the channel, a frequency of 40 kHz will be used. Determination of quantities removed and the deductions made from them to determine quantities by in-place measurement to be paid for in the area specified, SECTION 35 20 23.16 45 Page 3 after having once been made will not be reopened, except 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 1110-2-5025 (2015) Dredging and Dredged Material Management

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. However, some virgin material may be encountered in allowable overdepth, or side slope dredging. Portions of the areas to be dredged have not been dredged since Hurricane Harvey. Post-Harvey Dredging in

SECTION 35 20 23.16 45 Page 4 other sections of the Houston Ship Channel have noted higher percentages of sand than typical maintenance contracts. Bidders are expected to examine the worksite and the records of previous dredging, which are available in the Houston Resident Office and after investigation decide for themselves the character of materials.

1.6.1 Debris Within the Dredging Limits

Debris including, but not limited to, metal bands, pallets, pieces of broken cable, rope, stumps, tires, and broken piles may be encountered.

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.

If Option No. 2 is exercised, all debris encountered within the dredging template shall be removed. It is the Contractor's discretion to determine the most efficient method of removal. Debris removed while dredging the docks only will be measured and paid as provided in SECTION 01 22 00.10 entitled MEASUREMENT AND PAYMENT.

1.7 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 Houston 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.

1.8 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.

1.8.1 Known Pipeline/Utility Crossings

There are pipelines and or utilities which are within the work limits. The following pipeline/utilities cross the area(s) to be dredged:

Approximate Station

Description Owner

20+00 One 24 - inch pipeline

Enterprise Products Operating, LLC (713) 381-5585

39+83 Overhead Power Centerpoint Energy

40+89 Overhead Power Centerpoint Energy

SECTION 35 20 23.16 45 Page 5

Approximate Station

Description Owner

42+00 One 8 - inch Pipeline

Marathon Pipeline, LLC (217) 382-2252

42+00 One 4 - inch Pipeline

Williams olefins Feedstock Pipeline, LLC (281) 457-4048

42+00 Four 8 - inch Pipelines

Enterprise Products Operating, LLC (713) 381-3536

50+00 Two 8 - inch Pipelines

Air Products, LLC (610) 481-1707

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

William Purity Pipeline, LLC

(918) 260-9137

145+50 One 10 - inch Pipeline

Praxair, Inc. (281) 478-1944

EVERY EFFORT HAS BEEN MADE TO GIVE ALL PERTINENT DETAILS ON THE LOCATION OF

PIPELINES/UTILITIES. THE DATA FURNISHED ON THE PLANS ARE BELIEVED TO BE

SUBSTANTIALLY CORRECT. HOWEVER, THE EXACT LOCATIONS MAY VARY FROM THAT

SHOWN: THEREFORE THE CONTRACTOR IS TO COOPERATE WITH THE RESPECTIVE OWNERS

TO ESTABLISH THE ACTUAL POSITION OF THE PIPELINES/UTILITIES.

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

1.9 ORDER OF WORK

The Contractor is to begin at the downstream end of the Channel first and proceed upstream. Section 5 will be dredged first, followed by dredging Sections 1 through 4, followed by Sections 6 and 7 . Options 1 and 2, if exercised, shall be dredged after completing the work in Schedule No. 1.

The Government reserves the right to change the order of work at any time.

1.9.1 Dredging Options

The Government will award Dredging Options as specified.

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

SECTION 35 20 23.16 45 Page 6

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. Only one dredge will be allowed on this Contract. 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 30days 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 Resident Office, 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.

1.13 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:

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

SECTION 35 20 23.16 45 Page 7 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 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.

1.15.1 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.

1.15.2 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.

1.16 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, SECTION 35 20 23.16 45 Page 8 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.

1.17 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 third and any subsequent sounding or sweeping operations will be charged against the Contractor at the rate of $6,216.00 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.

1.17.1 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.

1.18 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.

1.19 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 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.

1.20 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

Where the quantity of a pay item in this Contract is an estimated quantity

SECTION 35 20 23.16 45 Page 9 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 (AM#1)for the work in Schedule No. 1 and Option No. 1, and 1 calendar day for each 6,000 cubic yards in Option No. 2. 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.

1.21 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.

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

SECTION 35 20 23.16 45 Page 10

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 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

SECTION 35 20 23.16 45 Page 11 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.

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 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

Dredging adjacent to a structure will not be permitted closer than that shown. 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 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.

SECTION 35 20 23.16 45 Page 12

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

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.

3.4.2 Spillway Operations

Provide any additional boards necessary for the operation of the drop-outlet structures. 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. 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

SECTION 35 20 23.16 45 Page 13 contained in the Engineering Manual EM 1110-2-5025 entitled Dredging and Dredged Material Management, to maintain uniformity of weir elevation around the drop-out structure, as is practicable, during discharge of effluent.

3.4.3 Site Management

The Contractor shall 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