Amend-0001_W912HY19B0019.pdf

W45VAK91142492 001990

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

THE BID OPENING DATE REMAINS ON 17 JUL 2019 AT 2:00 P.M. LOCAL TIME.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 37

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 W912HY19B0019

X 9B. DATED (SEE ITEM 11)

17-Jun-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3.EFFECTIVE DATE

11-Jul-2019

CODE

CONTRACTING OFFICER ADDRESS

USAED, GALVESTON

CONTRACTING DIVISION

P.O. BOX 1229

GALVESTON TX 77553-1229

W912HY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HY19B0019

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. THE SPECIFICATIONS FOR SOLICITATION NO. W912HY19B0019, BRAZOS ISLAND

HARBOR CHANNEL, TEXAS, BROWNSVILLE MAIN SHIP CHANNEL AND PORT

ISABEL CHANNEL, IN CAMERON COUNTY, TEXAS, PIPELINE DREDGING, ARE

HEREBY AMENDED AS FOLLOWS:

THE BID DUE DATE REMAINS ON 17 JUL 2019 AT 2:00 P.M. LOCAL TIME.

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 01 22 00.10 MEASUREMENT AND PAYMENT – the enclosed SECTION 01 22

00.10 entitled MEASUREMENT AND PAYMENT 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, APPENDIX 1 - QUANTITY SUMMARY TABLE– The enclosed SECTION 35 20 23.16 45 entitled APPENDIX 1 - QUANTITY SUMMARY TABLE supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWINGS NO. G-002, G-003, C-108, AND C-310 - The enclosed Drawings No. G-003, C-108, and C-310, supersedes that issued with this Solicitation.

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

5 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 01 22 00.10 MEASUREMENT AND PAYMENT

3. SECTION 35 20 23.16 45, PIPELINE DREDGING

4. SECTION 35 20 23.16 45, APPENDIX 1 - QUANTITY SUMMARY TABLE

5. DRAWINGS NO. G-002, G-003, C-108, AND C-310

SWG FILE NO.: RIO 901-265 SOLICITATION NO.:W912HY19B0019

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 Option No. 3

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

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

TO ACCOMPANY AMENDMENT NO. 0001 TO W912HY19B0019

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 Brownsville Ship Channel Sections 1 thru

16 (STA. 1+000

to STA. 81+000)

1,729,000 C.Y. $_________ $___________

TOTAL SCHEDULE NO. 1 $___________

NOTE: 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

0004 Dredging Port Isabel East Wye Section No. 17 (STA. 13+244 to

STA. 17+804)

261,000 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 22 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

0005 Dredging Port Isabel West Wye Section No. 18 (STA. 12+802 to

STA. 17+804)

384,000 C.Y.

TOTAL OPTION NO. 2 $___________

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

NOTE FOR OPTION NO. 2: The Government may exercise this Option by written notice to the Contractor prior to completion of all authorized work. An additional time of 32 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 Option No. 3

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 3

0006 Dredging Port Isabel Turning Basin Section No.

19 (STA. 17+804

to STA. 22+171)

515,000 C.Y.

TOTAL OPTION NO. 3 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2 AND 3 $___________

NOTE FOR OPTION NO. 3: The Government may exercise this Option by written notice to the Contractor prior to completion of all authorized work. An additional time of 43 calendar days will be added to this Contract for completion of this Option.

DOCUMENT 00 11 00.00 45 Page 5

(TO BE ATTACHED TO STANDARD FORM 1442)

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

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

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 6

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 SUBMITTALS

1.2 LUMP SUM (JOB) PAYMENT ITEMS

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

1.2.1.2 Unit of Measure

1.2.2 Pipeline Management

1.2.2.1 Payment

1.2.2.2 Unit of Measure

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Dredging

1.3.1.1 Payment

1.3.1.2 Dredging Partial Payment

1.3.1.3 Measurement

1.3.1.4 Electronic Positioning

1.3.1.5 Government Surveys

1.3.1.6 Surveys During Progress of Work

1.3.1.7 Unit of Measurement

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 22 00.10 Page 1

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 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-02 Shop Drawings

Surveys; G

1.2 LUMP SUM (JOB) PAYMENT ITEMS

Payment items for the work of this Contract for which Contract lump sum payments will be made are listed in the BID SCHEDULE and specified below.

All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, are included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed constitutes full compensation for furnishing plant, labor, materials, and equipment, and performing any associated Contractor Quality Control, administrative requirements, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

The Contract price for "Mobilization and Demobilization" will include the costs in connection with mobilization and demobilization of the plant necessary to perform work under the various bid items. The Contract price shall include transportation and other costs incidental to delivery of the plant and other equipment to the general work area in condition ready for operation and, after the completion of the work, for removal of the plant and equipment from the work site(s). Payment for mobilization and demobilization will be pursuant to the conditions as defined in the SECTION

00 72 00 CONTRACT CLAUSES.

1.2.1.2 Unit of Measure

Unit of measure: Job.

SECTION 01 22 00.10 Page 2

1.2.2 Pipeline Management

1.2.2.1 Payment

Payment for "Pipeline Management" will be made for costs associated with laying, handling of dredge pipelines, procurement of materials, and for construction of ramps or installation of culvert pipes that may be necessary in connection with placing and removal of pipeline and final clean up of pipeline route.

Monthly partial payments will be based on the estimates of work completed during the period up to 80 percent of the Contract price and the remaining 20 percent will be paid in the first monthly partial payment after removal of the pipeline and the final clean-up of the pipeline route.

1.2.2.2 Unit of Measure

Unit of measure: Job.

1.3 UNIT PRICE PAYMENT ITEMS

Payment items for the work in this Contract on which the Contract unit price payments will be made are listed in the BID SCHEDULE and specified below. The unit price and payment made for each item listed constitutes full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor Quality Control, administrative requirements, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

1.3.1 Dredging

1.3.1.1 Payment

Payment for "Dredging Brownsville Ship Channel Sections 1 thru 16 (STA.

1+000 to STA. 81+000)", "Dredging Port Isabel East Wye Section No. 17 (STA.

13+244 to STA. 17+804)" in Option No. 1, "Dredging Port Isabel West Wye Section No. 18 (STA. 12+802 to STA. 17+804)" in Option No. 2, (AM#1)"Dredging Port Isabel Turning Basin" Section No. 19 (STA. 17+804 to STA. 22+171) in Option No. 3, will be made for costs associated with the removal of dredged material, transportation, and placement at the Placement Area(s),and the National Dredging Quality Management Program for the pipeline dredge.

1.3.1.2 Dredging Partial Payment

Partial payment will be based on approximate quantities determined by fathometer soundings or sweepings taken behind the dredge. The Contractor may use its own hydrographic surveys to determine quantities for pay requests, but final quantities will be based on Government Before-Dredging and After-Dredging surveys.

1.3.1.3 Measurement

The material removed will be measured by cubic yard in place, by means of soundings taken before and after dredging. The total quantity of dredged

SECTION 01 22 00.10 Page 3 material will be the theoretical quantity between the bottom surface shown by fathometer soundings of the last survey made "before-dredging" and the bottom surface shown by the fathometer soundings of a survey made "after-dredging", within the limits of the overdepth and side and end slopes, less deductions that may be required for misplaced material.

1.3.1.4 Electronic Positioning

The horizontal control points shown are the control points the Government will use to perform electronic surveys on the waterway. The Government does not guarantee permanent access to these control points, therefore, it may be necessary for the Contractor to establish its own network of survey points from these survey points or from other U.S. Coast and Geodetic Survey (USCGS) monuments. Location and description of the horizontal control points which the Government plans to use to perform electronic surveys on the channels are available at the Rio Grande Valley Resident Office.

1.3.1.5 Government Surveys

The Government will use the tide staffs shown on the drawings for vertical control. Real Time Kinematic (RTK) or Virtual Reference Station (VRS) will not be used. Differential Global Positioning System (DGPS) will be used for horizontal control.

Processing survey data will be performed with HYPACK 2016 software using the Kingfisher Method (updated 5/6/2016). Volumes will be computed by average end area using cross sectional survey lines. Before and After Dredge cross sections will be run on 100-foot stations and at changes in the template. If the Contractor elects to use HYPACK 2016 software, the Government will provide the survey line files for the Contractor's use.

1.3.1.6 Surveys During Progress of Work

Contract depth will be determined by surveys taken behind the dredge as work progresses. The Contractor shall take progress soundings or sweepings and submit drawings of the surveys.

1.3.1.7 Unit of Measurement

Unit of measure: cubic yard.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 22 00.10 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 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

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 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

SECTION 35 20 23.16 45 Page 1

3.1.5 Excessive Dredging

3.2 AREAS TO BE DREDGED

3.3 CONDUCT OF DREDGING WORK

3.3.1 Pre-Operations Safety Coordination Meeting

3.3.2 Protection of Existing Waterways

3.3.3 Adjacent Property and Structures

3.4 PLACEMENT OF EXCAVATED MATERIAL

3.4.1 General

3.4.1.1 Misplaced Material

3.4.1.2 Placement Operations Inspection

3.4.1.3 Placement Area Drainage

3.4.1.4 Maintenance of Existing Dike and Drop-outlet Structures

3.4.2 Spillway Operations

3.4.3 Placement Area

3.4.3.1 Confined Placement Area No. 2 and No. 7

3.4.3.2 Confined Placement Area No. 3

3.4.3.3 Confined PLacement Area No. 4

3.4.3.4 Confined Placement Area No. 5A

3.5 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.5.1 Damages

3.5.2 Accountability and Restoration

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

AWARD OF CONTRACT

3.6.1 Data Submittal

3.7 METHOD OF PLACEMENT

3.7.1 Pipeline Route

3.8 DISPOSAL IN PLACEMENT AREA

3.8.1 Utilities within the Placement Area

3.8.2 Unauthorized Placement of Material

3.8.3 Debris Disposal

3.9 DREDGE PIPELINES

3.9.1 Submerged Pipeline

3.9.2 Submerged Pipeline Lighting Requirements

3.9.3 Floating Pipeline

3.9.4 Pipeline Leaks

3.10 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. 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 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 kHz to conduct hydrographic surveys. If the surveys indicate the presence of fluff in the channel, a frequency of 40 kHz will be used.

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

SECTION 35 20 23.16 45 Page 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 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.

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.

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. Debris removed from the dredged area is to be removed from the water. Disposal is to be

SECTION 35 20 23.16 45 Page 4 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.

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

Permit No. Description Owner

Brownsville Ship Channel

26+300 SWG-2015

-00837

One 48-inch Pipeline (Gas)

Annova LNG Common Infastructure

Port Isabel Channel

18+553.36 19635 One 4-inch Natural Gas Pipeline

Cowboy Pipeline Company

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 U.S. ARMY

SECTION 35 20 23.16 45 Page 5

CORPS OF ENGINEERS PERMITS OF THE RESPECTIVE PIPELINES AND PREVIOUS SURVEYS

ARE AVAILABLE UPON REQUEST FROM THE RIO GRANDE VALLEYRESIDENT OFFICE.

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 shall begin and complete the work in the Brownsville Ship Channel in the order it desires. Work in Option No. 1 (AM#1) , 2 and 32, if awarded may be completed in the order the Contractor desires. The Government reserves the right to change the order of work at any time and at no additional cost to the Government.

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 21days 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 10days prior to commencement of dredging operations, the location or locations at which a dredge or dredges will be placed on the work. This information is required in addition to the progress charts and schedule provided for in the CONTRACT CLAUSE entitled SCHEDULE FOR

SECTION 35 20 23.16 45 Page 6

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 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

SECTION 35 20 23.16 45 Page 7 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.

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

(2) The Contractor will conduct the original and final surveys and surveys for any periods for which progress payments are requested. These surveys are to 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 will submit the originals of field notes and other records relating to the survey or to the layout of the work to the Contracting Officer, who will use them as necessary to determine the amount of progress payments. The Contractor is to 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

SECTION 35 20 23.16 45 Page 8 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 $6,967.00 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. 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 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

SECTION 35 20 23.16 45 Page 9 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 Brownsville Ship Channel, have a lookout person posted in the dredge control room at all times to visually monitor the movement of vessels around the dredge plant; to perform radio communications with company workboats; and to deliver passing arrangements with other commercial, fishing and recreational vessels. The lookout is to be competent in U.S. Coast Guard and Federal Communications Commission radio communications procedures and requirements and is to be trained in the Vessel Bridge to Bridge Radiotelephone Act. The lookout is to maintain up to the minute information on the status of each company workboat and approaching vessels, and will communicate this information as required to prevent collisions. Each company workboat is to check in with the lookout when arriving at the dredge and receive radio clearance from the lookout before departing the dredge.

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

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

CONTRACTING OFFICER, THE CONTRACTOR MAY BE REQUIRED TO CEASE OPERATIONS

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

OF WORK ARISING FROM NON-COMPLIANCE OF THIS PROVISION WILL NOT CONSTITUTE A

BREACH OF THIS CONTRACT AND WILL NOT ENTITLE THE CONTRACTOR TO A PRICE

ADJUSTMENT IN ACCORDANCE WITH THE CONTRACT CLAUSE ENTITLED SUSPENSION OF

WORK OR ANY OTHER PROVISION UNDER THIS CONTRACT.

PART 3 EXECUTION

3.1 ESTIMATED QUANTITY OF MATERIAL

Within the limits of available funds, the Contractor will be required to excavate the entire quantity of material necessary to complete the work specified whether the quantities involved are greater or less than those

SECTION 35 20 23.16 45 Page 10 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 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.

SECTION 35 20 23.16 45 Page 11

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.

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.

SECTION 35 20 23.16 45 Page 12

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.

3.4.1.3 Placement Area Drainage

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

3.4.1.4 Maintenance of Existing Dike and Drop-outlet Structures

The available information regarding the height and dimensions of dike and dimensions and elevations of the drop-outlet structures are contained in these Contract documents; however, it is the responsibility of the Contractor to verify the current condition of the dike prior to commencement of dredging and to notify the Contracting Officer of slumped or failed areas where there appears to be a potential for failure or overtopping during ponding. The Contractor will have the responsibility of continually monitoring the dike condition and to maintain the dike in a condition and elevation equal to or better than the condition of the dike at the date of this Contract award. Construct temporary access from the existing roadway to each drop-outlet structure in each Placement Area.

3.4.2 Spillway Operations

Once placement operations are completed in a confined area for which the Placement Area is being used, the boards on the spillway of that Placement Area are to be removed at a proper rate to allow drainage of the Area. In confined areas, dike and spillway work required is to be completed and accepted prior to placement operations in that Area. Spillways are to be operated in general accordance with guidelines contained in the Engineering Manual EM 1110-2-5025 entitled "Confined Disposal of Dredged Material", to maintain uniformity of weir elevation around the drop-out structure, as is practicable, during discharge of effluent. Boards are to be uniform in width and of proper length so insertion and removal is not difficult.

Cracked, warped or boards of improper length are to be replaced. Seepage between boards during ponding is to be eliminated using plastic sheeting or other effective methods. Upon completion of discharge within a particular Area, remove the boards as soon as practicable to accomplish drainage of the Area.

3.4.3 Placement Area

3.4.3.1 Confined Placement Area No. 2 and No. 7

The existing effluent drainage ditch shall be cleared of debris, leaving small vegetation, to the extent necessary to allow for unimpeded drainage

SECTION 35 20 23.16 45 Page 13 to keep flowing towards the Brownsville Ship Channel. Accumulated sediment in the outfall pipes shall be removed before discharging in the Placement Area and during placement operations if necessary. Care shall be taken not to damage the outfall pipes. When the dredged material is deposited in Placement Area the perimeter levee(s) and training levee(s) in the Placement Area, shall be maintained and repaired by the Contractor until completion and final acceptance of the work under this Contract. Placement shall be made over and beyond the crests of the existing mounds of previous deposits and shall commence at the locations shown. Discharge exiting the pipeline must be a minimum 250ft distance from the inside toe of the perimeter levee at all times. The Contractor will be directed to move the discharge location if the initial discharge point becomes full or otherwise overloaded. When placing material into Placement Area, the Contractor will assure at all times that a minimum 3 feet of freeboard is maintained above the ponded water level throughout the entire levee perimeter. Drainage shall be provided and no ponds shall be allowed to form between the discharge mounds and the levee. During placement operations, the Contractor shall take the precautions necessary to prevent erosion of the levee. A spreader on the end of the discharge pipe shall be used to reduce scour and distribute the material evenly. The Contractor shall monitor and control the movement of the discharge location throughout each discharge point and throughout the Placement Area to ensure an even build-up of material and to prevent overflowing the levees. No dredge slurry shall be drained or allowed to drain over or to breach the levee. If levee failure does occur while material is being pumped into the Placement Area, dredging operations into the Placement Area shall cease and placement operations shall not be resumed until the containing structure has been restored to an approved condition. Damage or scouring of the levees due to the Contractor's operations shall be repaired to its original condition at no additional cost to the Government. The spillway shall be monitored closely to assure proper water quality.