AMEND-0002_W912HY19B0015.PDF

Offers 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 or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

W912HY19B0015

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY19B0015, GULF INTRACOASTAL WATERWAY, TEXAS, PORT MANSFIELD CHANNEL, IN WILLACY COUNTY, TEXAS, are hereby amended as follows:

THE BID DUE DATE IS NOT EXTENDED.

a) Specifications.

(1) 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.

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

b) Drawings.

(1) NONE

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

02 Encls:

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

2. SECTION 35 20 23.16 45, PIPELINE DREDGING

SWG FILE NO.: IWW 1175-276 SOLICITATION NO.: W912HY19B0015

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD AMENDMENT NO. 0002

PART 1 GENERAL

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

52.211-10)AM#2

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

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

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

1.5 CFR PART 126 HUBZONE PROGRAM - SUBPART G - CONTRACT PERFORMANCE

REQUIREMENT

1.6 LIABILITY (APR 1984) (FAR 28.307-2)

1.7 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

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

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

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

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

DOCUMENT 00 73 00.01 45 Page 1

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DOCUMENT 00 73 00.01 45 Page 2

DOCUMENT 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

AMENDMENT NO. 0002

PART 1 GENERAL

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

52.211-10) AM#2

The Contractor shall be required to:

(a) Commence work under this contract within 90 cal endar 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 Mar ch 01, 2021 . 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 $1,595.00 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 and land surveys.

(b) Weather Conditions. Under ordinary conditions, the mean tidal range is about 2.5 feet. The height of tide is largely dependent on the force, direction, and duration of the wind. Strong northerly winds may depress the water surface as much as, 1.0 foot and in some instances more than 1.0 foot below Mean Lower Low Water (MLLW), while southerly winds may raise the water surface as much as, 1.5 feet and in some instances more than 3.0 feet above MLLW.

(c) Transportation Facilities. Port Mansfield, TX is served by highway, and shallow draft channels. The Port Mansfield Channel is accessible by water via the Gulf Intracoastal Waterway or from the Gulf of Mexico. Port Mansfield has limited highway access and public

DOCUMENT 00 73 00.01 45 Page 3 port facilities. Larger public wharves, rail, and highway connections are available at Brownsville and Corpus Christi, Texas.

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

(e) Channel Traffic. GIWW traffic consists of recreational and commercial boats of various sizes, fishing vessels, tugs, and tows consisting of a tug and one or more barges. The Port Mansfield Channel consists of recreational and commercial boats of various sizes, and fishing vessels. Vessels normally operate in the general area and traffic may interfere with dredging operations or logistics to some extent.

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

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

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

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

1.5 CFR PART 126 HUBZONE PROGRAM - SUBPART G - CONTRACT PERFORMANCE

REQUIREMENT

Sec. 126.700 What are the performance of work requirements for HUBZone contracts?

(a) A prime contractor receiving an award as a qualified HUBZone SBC must meet the performance of work requirements set forth in Sec.

125.6(c) of this chapter.

(b) In addition to the requirements set forth in Sec. 125.6(c), one or more qualified HUBZone SBCs must spend at least 50% of the cost of the contract incurred for personnel on its own employees or employees of other qualified HUBZone SBCs.

(1) A qualified HUBZone SBC prime contractor receiving a HUBZone contract for general construction may meet this requirement itself by expending at least 50% of the cost of the contract incurred for personnel on its employees or it may subcontract at least 35% of the cost of the contract performance incurred for personnel to one or more qualified HUBZone SBCs. A qualified HUBZone SBC prime

DOCUMENT 00 73 00.01 45 Page 4 contractor may not, however, subcontract more than 50% of the cost of the contract incurred for personnel to non-qualified HUBZone SBCs.

(2) A qualified HUBZone SBC prime contractor receiving a HUBZone contract for specialty construction may meet this requirement itself by expending at least 50% of the cost of the contract incurred for personnel on its employees or it may subcontract at least 25% of the cost of the contract performance incurred for personnel to one or more qualified HUBZone SBCs. A qualified HUBZone SBC prime contractor may not, however, subcontract more than 50% of the cost of the contract incurred for personnel to non-qualified HUBZone SBCs.

(c) A contracting officer may waive the 50% requirement set forth in paragraph (b) of this section for a particular procurement after determining that at least two qualified HUBZone SBCs cannot meet the requirement. Where a waiver is granted, the qualified HUBZone SBC prime contractor must still meet the performance of work requirements set forth in Sec. 125.6(c) of this chapter.(70 FR 51250, Aug. 30, 2005)

NOTE: THIS ACQUISITION IS CONSIDERED GENERAL CONSTRUCTION

1.6 LIABILITY (APR 1984) (FAR 28.307-2)

(a) Workmen's compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

DOCUMENT 00 73 00.01 45 Page 5

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance.

Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

1.7 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

(a) This special contract requirement does not apply to terminations.

See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

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

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

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

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

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

DOCUMENT 00 73 00.01 45 Page 6

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

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

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations.

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

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

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

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

DOCUMENT 00 73 00.01 45 Page 7

1.9 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 35 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.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Document --

DOCUMENT 00 73 00.01 45 Page 8

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.16 45

PIPELINE DREDGING AMENDMENT NO. 00002

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 EASEMENTS

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

1.8.1 Known Pipeline/Utility Crossings

1.9 ORDER OF WORK (AM#2)

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

1.14.3 Inspectors (Government Agents) Transportation

1.15 INSPECTION

1.15.1 Equipment

1.15.2 Transportation

1.16 FINAL EXAMINATION AND ACCEPTANCE

1.16.1 Acceptance

1.17 SHOALS

1.18 UNANTICIPATED SHOALING

1.19 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.20 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

3.4.2 Beach Placement Area DMPA No. 2A

3.4.2.1 Nourishment Operations

3.4.3 Placement Area No. 7/220 (Bird Island)

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

3.7.2 Beach Operations

3.8 DISPOSAL IN PLACEMENT AREA

3.8.1 Utilities within the Placement Area

3.8.2 Unauthorized Placement of Material

3.8.3 Debris Disposal

3.9 DREDGE PIPELINES

3.9.1 Submerged Pipeline

3.9.2 Submerged Pipeline Lighting Requirements

3.9.3 Floating Pipeline

3.9.4 Pipeline Leaks

3.9.5 Magnetometer Survey Report

3.10 WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

3.11 DREDGING AND DREDGE RELATED MARINE WORK (CESWG)

3.12 AUTOMATIC IDENTIFICATION SYSTEM

3.13 DREDGE PLANT INSTRUMENTATION

ATTACHMENTS:

Appendix 1 - QUANTITY SUMMARY TABLE

-- End of Section Table of Contents --

SECTION 35 20 23.16 45 Page 2

SECTION 35 20 23.16 45

PIPELINE DREDGING

AMENDMENT NO. 00002

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 or scour 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 to 210kHz to conduct hydrographic surveys. If the surveys indicate the presence of fluff in the channel, a frequency of 24 to 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 3

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 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-11 Closeout Submittals

Magnetometer Survey Report

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 Rio Grande Valley Resident Office and after investigation decide for themselves the character of materials.

SECTION 35 20 23.16 45 Page 4

1.6.1 Debris Within the Dredging Limits

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

DIFFERING SITE CONDITIONS.

1.7 EASEMENTS

Permits authorizing the laying of shore pipe, and for placement of dredge material in the Placement Area(s), are on file and available upon request from the Rio Grande Valley Resident office of the U.S. Army Corps of Engineers, Port Isabel, 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. There are no known bridges, tunnels, overhead lines, or submerged lines which are within the dredging limits.

1.8.1 Known Pipeline/Utility Crossings

There are no known pipelines and or utilities within the work limits to be dredged.

1.9 ORDER OF WORK (AM#2)

[ The Contractor is to begin at the upstream end of the Channel first and proceed downstream.][The Contractor is to begin [_____].] [The Contracting Officer will direct the Contractor on the order of work.] [The Contractor may commence dike construction and dredging in the order desired.] The Government reserves the right to change the order of work at any time. Due t o nest i ng Sea Tur t l e wi ndow of 15 Mar ch t o 30 Sept ember , t he di schar ge of mat er i al f r om Sect i on No. 1 t hr ough 6 at Pl acement Ar ea 2 and al l ot her act i v i t i es on t he beach must be compl et ed out si de t hat t i mef r ame. Pl acement ar ea 7/ 220 i s a known nest i ng col oni al wat er bi r d l ocat i on. Nest i ng season t ypi cal l y occur s f r om 15 Mar ch t o 31 August .

Wor k i s pr ohi bi t ed wi t hi n 1, 000 f eet of act i ve nest s, r egar dl ess of dat e.

The Gover nment r eser ves t he r i ght t o change t he or der of wor k at any t i me and at no addi t i onal cost t o t he Gover nment .

SECTION 35 20 23.16 45 Page 5

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 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.

1.11 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 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.

1.12 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

Notify the Resident Engineer, Rio Grande Valley 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

SECTION 35 20 23.16 45 Page 6 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 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.

1.14.3 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 is to be replaced within 12 hours after the Contractor is directed to do. 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.

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.

SECTION 35 20 23.16 45 Page 7

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 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 $7,081.00 per day for each day in which the Government plant is engaged in sounding or sweeping or is enroute to or from the site or held at or near the site for these operations.

1.16.1 Acceptance

Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section will not change the time of payment of the retained percentages of the whole or any part of the work.

1.17 SHOALS

If, before this Contract is completed, shoals occur in a section previously accepted, redredging at the Contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer.

1.18 UNANTICIPATED SHOALING

During the course of this Contract, unanticipated dredging requirements may develop that require the use of the Contractor and Contractor's plant. The dredging required would be similar in scope to that required under the current contract. 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

SECTION 35 20 23.16 45 Page 8 contract modification.

1.19 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

Where the quantity of a pay item in this Contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies, an equitable adjustment will be processed in accordance with FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY (April 1984). The equitable adjustment applies only to the quantity within the required dredging prism, which does not include the allowable overdepth.

If the total quantity of material to be paid for and actually removed under this Contract exceeds the limit established by FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY (April 1984), an additional time will be allowed at the rate of 1 calendar day for each 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.

1.20 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 Port Mansfield 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

SECTION 35 20 23.16 45 Page 9 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 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.

SECTION 35 20 23.16 45 Page 10

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.

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. 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. Details for dredging adjacent to structures are shown.

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 11

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 accidents with resulting spillage of dredged materials outside the Area. If 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. Placement areas are to be maintained in an operational condition until completion and acceptance of the work under this Contract.

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 open water. The ditches are to be of adequate number and size to eliminate ponding of water within the limits of the Placement Area.

3.4.2 Beach Placement Area DMPA No. 2A

The excavated material shall be transported and deposited on the beach area to the limits and grades shown. Placement operations shall commence at the southerly limit of the Area and progress in a northerly direction until dredging has been completed or until directed to stop by the Contracting Officer. Adequate ramps shall be constructed over the North Jetty where the discharge lines cross to prevent damage to the Jetty. The Beach Placement Area shall be plainly marked by the Contractor with conspicuous buoys and stakes, and public safety signs.