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W45VAK91332927 007140

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Unrestricted Procurement for Gulf Intracoastal Waterway, Texas, Across San Antonio Bay in Aransas County, Texas, Pipeline Dredging in which the response date is 23 Sep 19 @ 2:00 PM (CDT) is hereby amended as follows:

Continued on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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 W912HY19B0025

X 9B. DATED (SEE ITEM 11)

23-Aug-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 CODE

US ARMY CORPS OF ENGINEERS

2000 FORT POINT ROAD

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:

3. EFFECTIVE DATE -

11-Sep-2019

W912HY19B0025

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY19B0025, GULF INTRACOASTAL WATERWAY, TEXAS ACROSS SAN ANTONIO BAY PIPELINE DREDGING IN CALHOUN COUNTY, TEXAS, are hereby amended as follows:

a) Specifications.

(1) DOCUMENT 00 73 00.01 45, SPECIAL CONTRACT REQUIREMENTS, STANDARD –

The enclosed DOCUMENT 00 73 00.01 45 entitled SPECIAL CONTRACT REQUIREMENTS, STANDARD supersedes that issued with this Solicitation.

b) Drawings.

(1) None

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

01 Encls:

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

SWG FILE NO.: 1150-1141 SOLICITATION NO.: W912HY19B0025

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD AMENDMENT 0001

PART 1 GENERAL

1.1 (AM#1)COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(FAR 52.211-10)

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

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

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

1.5 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

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

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

1.7 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 0001

PART 1 GENERAL

1.1 (AM#1) COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(FAR 52.211-10)

The Contractor shall be required to:

(a) Commence work under this contract within 90 calendar days after the date the Contractor receives the Notice to Proceed;

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 31 December 2020 . 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 $2,923.00 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 byhydrographic conditionsurveys.

(b) Weather Conditions. Under ordinary conditions, the mean tidal range is about 1.5 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, and in some instances more than 2.0 feet below Mean Lower Low Water (MLLW), while southerly winds may raise the water surface as much as, and in some instances more than 3.0 feet above MLLW.

(c) Transportation Facilities. The immediate vicinity is served by highway, and deep and shallow draft channels. The Gulf Intracoastal Waterway site is accessible by water via the Gulf Intracoastal Waterway from Port O'Connor, Texas. Port O'Connor has adequate highway

DOCUMENT 00 73 00.01 45 Page 3 access.

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

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

1.4 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 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

DOCUMENT 00 73 00.01 45 Page 4 performed shall apply.

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

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

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

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

1.6 (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

DOCUMENT 00 73 00.01 45 Page 5 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.

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

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

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Document --

DOCUMENT 00 73 00.01 45 Page 6

Amend-0001-W912HY19B0025
Amend 0001 page-2
00 73 00.01 45
00 73 00.01 45 - SPECIAL CONTRACT REQUIREMENTS, STANDARD AMENDMENT 0001
00 73 00.01 45 - SPECIAL CONTRACT REQUIREMENTS, STANDARD
PART 1 GENERAL
1.1 AM#1COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984
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 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULEMAR 1995
1.6 SCR-S-102 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR
1.7 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984 52.236-1
PART 2 PRODUCTS Not Used
PART 3 EXECUTION Not Used

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