Amend-0001-W912HY21B0006.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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 Galveston Harbor and Channel, Texas, and Houston Ship Channel, Texas, Galveston Entrance and Bolivar to Redfish, Hopper Dredging in Galveston County, Texas in which the response date is scheduled for 29 Mar 2021 @ 2:00 PM (CST) is hereby amended as follows:

Continue on Page 2

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.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

X 9B. DATED (SEE ITEM 11)

18-Feb-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

W912HY21B0006

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, 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:

10-Mar-2021

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

2000 FT. POINT RD.

GALVESTON TX 77550

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

X

006340

W912HY21B0006

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. THE SPECIFICATIONS FOR SOLICITATION NO. W912HY21B0006, GALVESTON

HARBOR AND CHANNEL, TEXAS, AND HOUSTON SHIP CHANNEL, TEXAS,

GALVESTON ENTRANCE AND BOLIVAR TO REDFISH, IN GALVESTON COUNTY,

TEXAS, PROJECT MANUAL FOR HOPPER DREDGING ARE HEREBY AMENDED AS

FOLLOWS:

*THE BID DUE DATE IS HEREBY RESCHEDULED FOR 29 March 2021 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 23.12 45, HOPPER DREDGING – The enclosed SECTION 35 20 23.12 45 entitled HOPPER DREDGING supersedes that issued with this Solicitation.

(4) SECTION 35 20 23.12 45, APPENDIX 1 - QUANTITY SUMMARY TABLE – The enclosed

SECTION 35 20 23.12 45 entitled APPENDIX 1 - QUANTITY SUMMARY TABLE supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWINGS G-001, G-002, C-110, C-111, C-317 THROUGH C-320 – The enclosed

Drawings no. G-001, G-002, C-110, C-111, C-317 through C-320 supersedes that issued with this Solicitation.

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

12 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 01 22 00.10, MEASUREMENT AND PAYMENT

3. SECTION 35 20 23.12 45, HOPPER DREDGING

4. SECTION 35 20 23.12 45, APPENDIX 1 – QUANTITY SUMMARY TABLE

5. DRAWING G-001

6. DRAWING G-002

7. DRAWING C-110

8. DRAWING C-111

9. DRAWING C-317

10. DRAWING C-318

11. DRAWING C-319

12. DRAWING C-320

SWG File No.: GALV 301-415 Solicitation No.: W912HY21B0006

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 AM#1

1.1.2 Option No. 1 AM#1

1.1.3 Option No. 2

1.1.4 Option No. 3

1.1.5 Option No. 4 AM#1

1.1.6 Option No. 5 AM#1

1.1.7 Option No. 6 AM#1

1.2 MODIFICATIONS (CESWG)

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 OF SOLICITATION W912HY21B0006

THIS PAGE INTENTIONALLY LEFT BLANK

DOCUMENT 00 11 00.00 45 Page 2

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 AM#1

Item No. Description

Estimated Quantity Unit

Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $______________

0002 Dredging -Galveston Entrance Channel, Section Nos. 5,6,7 and 8

1,136,000 C.Y.

0003 Dredging - Inner Bar Channel and Bolivar Roads Channel, Section Nos. 9, 10, 11, and 12

890,000 C.Y. $_________ $______________

0004 Dredging - Houston Ship Channel, Bolivar Roads to Redfish Reef, Section Nos. 13-18

200,000 C.Y. $_________

0005 Dredging - Houston Ship Channel, Bolivar Roads to Redfish Reef, Section Nos. 19-23

482,000 C.Y. $_________

0006 ODMDS No. 1 Monitor Surveys 1 JOB SUM $______________

DOCUMENT 00 11 00.00 45 Page 3

Item No. Description

Estimated Quantity Unit

Unit Price Estimated Amount

SCHEDULE NO. 1

0007 Sea Turtle Protection, Section Nos. 5, 6, 7, 8, 9, 10, 11, and 12

1 JOB SUM $______________

0008 Sea Turtle Protection, Section Nos. 13-23

1 JOB SUM $______________

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 4

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.2 Option No. 1 AM#1

Item No. Description

Estimated Quantity Unit

Unit Price Estimated Amount

OPTION NO. 1

0009 Dredging - Galveston Extended Entrance Channel, Section Nos. 1, 2, 3, and 4

434,000 C.Y. $_________ $______________

0010 Sea Turtle Protection, Section Nos. 1, 2, 3, and 4

1 JOB SUM $______________

TOTAL OPTION NO. 1 $______________

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

NOTE FOR OPTI ON NO. 1: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of al l aut hor i zed wor k.

Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. An addi t i onal t i me of 15 cal endar days wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

DOCUMENT 00 11 00.00 45 Page 5

(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

0011 Mobilization and Demobilization - Sea Turtle Trawling and Relocation

1 JOB $_________ $______________

0012 Sea Turtle Trawling and Relocation 30 DAY $_________ $______________

TOTAL OPTION NO. 2 $______________

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

NOTE FOR OPTI ON NO. 2: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of al l aut hor i zed wor k.

Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. No addi t i onal t i me wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Option.

DOCUMENT 00 11 00.00 45 Page 6

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.4 Option No. 3

Item No. Description

Estimated Quantity Unit

Unit Price Estimated Amount

OPTION NO. 3

0013 Mobilization and Demobilization - Sea Turtle Trawling and Relocation (One Trawler Additional to Option No. 2)

1 JOB SUM $______________

0014 Sea Turtle Trawling and Relocation (One Trawler Additional to Option No. 2)

30 DAY $_________ $______________

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.

Award of this Option is contingent upon availability of funds. No additional time will be added to this Contract for completion of this Option.

DOCUMENT 00 11 00.00 45 Page 7

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.5 Option No. 4 AM#1

Item No. Description

Estimated Quantity Unit

Unit Price Estimated Amount

OPTION NO. 4

(Additional Cost for Dredge Material Disposal at the Galveston Island Beach discharge corridor for Section Nos. 9-12 and Nos. 14-20, in lieu of Ocean Dredged Material Disposal Site No. 1)

0015 Pipeline Management - Beach Placement Galveston

1 JOB SUM $______________

0016 Beach Placement Galveston 950,000 C.Y. $______________$______________

0017 Endangered Species Monitoring -- Beach Placement Galveston

1 JOB SUM $______________

0018 Depth of Closure Survey

1 JOB SUM $______________

TOTAL OPTION NO. 4 $______________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, AND 4 $______________

NOTE FOR OPTI ON NO. 4: Bi d I t em No. 0016 shal l r ef l ect onl y t he di f f er ence i n cost wi t h r espect t o Bi d I t em Nos. 0003, 0004, and 0005 t o pl ace mat er i al r emoved f r om Sect i on Nos. 9 t hr ough 12 and Sect i ons Nos. 14 t hr ough 20 at t he Gal vest on I s l and Beach di schar ge cor r i dor by hopper pump out i n l i eu of i nt o ODMDS No. 1. Opt i on 4 may be exer ci sed at any t i me pr i or t o AM#1i ssuance of Not i ce t o Pr oceed. An addi t i onal t i me of 60 cal endar days wi l l be added t o t hi s Cont r act i f Opt i on 4 i s exer ci sed.

DOCUMENT 00 11 00.00 45 Page 8

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.6 Option No. 5 AM#1

Item No. Description

Estimated Quantity Unit

Unit Price Estimated Amount

OPTION NO. 5

0019 Dredging - Galveston Harbor Channel Only, Section No. 24

220,000 C.Y. $_________ $______________

TOTAL OPTION NO. 5 $______________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, AND 5

NOTE FOR OPTI ON NO. 5: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of al l aut hor i zed wor k.

Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. An addi t i onal t i me of 15 cal endar days wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

DOCUMENT 00 11 00.00 45 Page 9

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.7 Option No. 6 AM#1

Item No. Description

Estimated Quantity Unit

Unit Price Estimated Amount

OPTION NO. 5

0019 Dredging - Texas City Ship Channel, Section Nos. 25 and

392,000 C.Y. $_________ $______________

TOTAL OPTION NO. 6 $______________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5, AND 6

NOTE FOR OPTI ON NO. 6: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of al l aut hor i zed wor k.

Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. An addi t i onal t i me of 27 cal endar days wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

DOCUMENT 00 11 00.00 45 Page 10

(TO BE ATTACHED TO STANDARD FORM 1442)

1.2 MODIFICATIONS (CESWG)

If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment of each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

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 11

DOCUMENT 00 11 00.00 45 Page 12

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.10 45

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 ODMDS No. 1 Monitor Surveys

1.2.2.1 Payment

1.2.2.2 Unit of Measure

1.2.3 Sea Turtle Protection

1.2.3.1 Payment

1.2.3.2 Unit of Measure

1.2.4 Mobilization and Demobilization - Sea Turtle Trawling and

Relocation

1.2.4.1 Payment

1.2.4.2 Unit of Measure

1.2.5 Pipeline Management -- Beach Placement Galveston

1.2.5.1 Payment

1.2.5.2 Unit of Measure

1.2.6 Endangered Species Monitoring -- Beach Placement Galveston

1.2.6.1 Payment

1.2.6.2 Unit of Measure

1.2.7 Depth of Closure Surveys

1.2.7.1 Payment

1.2.7.2 Unit of Measure

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Dredging

1.3.1.1 Payment AM#1

1.3.1.2 Dredging Partial Payment

1.3.1.3 Measurement

1.3.1.3.1 Frequencies

1.3.1.4 Electronic Positioning

1.3.1.5 Surveys During Progress of Work

1.3.1.6 Unit of Measurement

1.3.2 Sea Turtle Trawling and Relocation

1.3.2.1 Payment

1.3.2.2 Measurement

1.3.2.3 Unit of Measure

1.3.3 Beach Placement Galveston

1.3.3.1 Payment

1.3.3.2 Measurement

1.3.3.3 Unit of Measure

PART 2 PRODUCTS (Not Used)

SECTION 01 22 00.10 45 Page 1

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 22 00.10 45 Page 2

SECTION 01 22 00.10 45

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 described 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

Payment will be made for costs associated with "Mobilization and Demobilization", as defined in the DOCUMENT 00 72 00 CONTRACT CLAUSES.

Payment for costs in connection with the plant necessary to perform the work, to 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 completion of the work for removal of the plant and equipment from the work site.

1.2.1.2 Unit of Measure

Unit of measure: Job.

1.2.2 ODMDS No. 1 Monitor Surveys

1.2.2.1 Payment

The Contract price for "ODMDS No. 1 Monitor Surveys" in Schedule No. 1, SECTION 01 22 00.10 45 Page 3 will include the cost necessary to perform hydrographic surveys of ODMDS(s) before and after completion of dredge material placement operations.

1.2.2.2 Unit of Measure

Unit of Measure: Job.

1.2.3 Sea Turtle Protection

1.2.3.1 Payment

Payment for fabrication of Turtle Deflector Device will be made for "Sea Turtle Protection, Section Nos. 5, 6, 7, 8, 9, 10, 11, and 12" in Schedule No. 1,"Sea Turtle Protection, Section Nos. 13-23" in Schedule No. 1 and for "Sea Turtle Protection, Section Nos. 1, 2, 3, and 4" in Option No. 1, which will include the costs of materials and other execution requirements for Turtle Deflector Device and Endangered Species Observers associated with the protection and monitoring of sea turtles as specified in, the

SECTION 35 20 23.14 45 PROTECTION OF SEA TURTLES.

1.2.3.2 Unit of Measure

Unit of measure: Job.

1.2.4 Mobilization and Demobilization - Sea Turtle Trawling and Relocation

1.2.4.1 Payment

The Contract price for "Mobilization and Demobilization - Sea Turtle Trawling and Relocation" in Option No. 2 will include the cost in connection with mobilization and demobilization of one Trawler. The Contract price for "Mobilization and Demobilization - Sea Turtle Trawling and Relocation" in Option No. 3 includes the cost in connection with mobilization and demobilization of one Trawler in addition to that in Option No. 2. Payment for mobilization and demobilization will be made pursuant to the conditions of the SECTION 00 72 00 CONTRACT CLAUSES.

1.2.4.2 Unit of Measure

Unit of measure: Job.

1.2.5 Pipeline Management -- Beach Placement Galveston

1.2.5.1 Payment

Payment for "Pipeline Management - Beach Placement Galveston" in Option No. 4 will be made for costs associated with laying, handling of dredge pipelines, from the dredge to the Placement Area, 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.

SECTION 01 22 00.10 45 Page 4

1.2.5.2 Unit of Measure

Unit of measure: Job.

1.2.6 Endangered Species Monitoring -- Beach Placement Galveston

1.2.6.1 Payment

Payment for "Endangered Species Monitoring - Beach Placement Galveston" in Option No. 4, will be made for costs associated with providing monitoring for endangered species at the Galveston Island Beach discharge corridors.

The Contract price shall include all costs incidental to providing trained monitoring personnel at the discharge corridors while dredge disposal operations are ongoing and all incidentals to complete monitoring in accordance with SECTION 35 20 23.12 45 HOPPER DREDGING. Monthly partial payments will be based on the estimates of work completed.

1.2.6.2 Unit of Measure

Unit of measure: Job.

1.2.7 Depth of Closure Surveys

1.2.7.1 Payment

The Contract price for "Depth of Closure Surveys" in Option No. 4, will include the cost necessary to perform depth of closure surveys after completion of dredge material placement operations in accordance with

SECTION 35 20 23.12 45 HOPPER DREDGING.

1.2.7.2 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 described 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 AM#1

1.3.1.1 Payment AM#1

Payment for "Dredging -- Galveston Entrance Channel, Section Nos. 5, 6, 7, and 8" in Schedule No. 1, "Dredging -- Inner Bar Channel and Bolivar Roads Channel, Section Nos. 9, 10, 11, and 12" in Schedule No. 1, "Dredging -- Houston Ship Channel, Bolivar Roads to Redfish Reef, Section Nos. 13-18" in Schedule No. 1, "Dredging -- Houston Ship Channel, Bolivar Roads to Redfish Reef, Section Nos. 19-23" in Schedule No. 1, "Dredging -- Galveston Extended Entrance Channel Section Nos. 1, 2, 3, and 4" in Option No. 1, AM#1 "Dredging -- Galveston Harbor Channel Only, Section No. 24" in Option No. 5, and "Dredging -- Texas City Ship Channel, Section Nos. 25 and 26" in Option No. 6 will be made for costs associated with the

SECTION 01 22 00.10 45 Page 5 removal of dredged material, transportation, and placement at ODMDS No. 1, and the national dredging quality management(DQM) program for the hopper 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 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.

1.3.1.3.1 Frequencies

The total quantity of dredged material for which payment will be made will be the theoretical quantity between the bottom surface shown by fathometer soundings of the last survey made "before-dredging" (BD) and the bottom surface shown by the fathometer soundings of a survey made "after-dredging" (AD), within the limits of the overdepth and side and end slopes, less deductions that may be required for misplaced material.

Measurement shall normally be determined based on high frequency (200 kHz) data. Low frequency (40 kHz) data shall normally be used for acceptance/clearance purposes only.

Guidance as provided in hydro survey manual EM-1110-2-1003 Chapter 10 will apply for scheduling of BD and AD surveys. As provided in this guidance, Government will allow a period of up to 5 calendar days to conduct an AD survey after the contractor indicates a section to be ready. However, if initial high frequency (200 kHz) AD surveys reflect considerable amount of suspended material for any section, the Government may require up to five

(5) additional calendar days settling time prior to attempting AD surveys on any subsequent section.

If the government chooses to use low frequency (40 kHz) data for acceptance and also volume calculations, then low frequency (40kHz) data must be used for before-dredging surveys for computations. If low frequency data is to be used for acceptance and volume calculations, surveyors are to note that the appropriate manufacturer's recommended settings for both AD and BD surveys were in place.

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 are provided on the drawings. 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 National Geodetic Survey (NGS) monuments. The Contractor shall

SECTION 01 22 00.10 45 Page 6 be responsible for establishing its own reference line to conduct hydrographic surveys and dredging operations if electronic positioning equipment is not used.

1.3.1.5 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 surveys.

1.3.1.6 Unit of Measurement

Unit of measure: cubic yard.

1.3.2 Sea Turtle Trawling and Relocation

1.3.2.1 Payment

Payment for "Sea Turtle Trawling and Relocation" in Option No. 2, and "Sea Turtle Trawling and Relocation" in Option No. 3, will be made for costs associated with trawling ahead of the hopper dredge and relocation of turtles.

1.3.2.2 Measurement

Sea Turtle trawling and relocation will be measured by the day utilized for trawling and relocation as specified in the SECTION 35 20 23.14 45

PROTECTION OF SEA TURTLES

1.3.2.3 Unit of Measure

Unit of measure: Day.

1.3.3 Beach Placement Galveston

1.3.3.1 Payment

The contract unit price for "Beach Placement Galveston" in Option No. 4, will include the difference in cost for removal of dredge material, transportation to the Beach Placement Area and all equipment necessary to pump out and construct the beach to the lines and grades specified in lieu of removal of dredge material, transportation to ODMDS No. 1, and placement into ODMDS No. 1.

1.3.3.2 Measurement

The total quantity of dredged material for which payment will be made 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

1.3.3.3 Unit of Measure

Unit of measure: cubic yard.

SECTION 01 22 00.10 45 Page 7

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 22 00.10 45 Page 8

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.12 45

HOPPER DREDGING

PART 1 GENERAL

1.1 SUMMARY

1.2 REFERENCES

1.3 MEASUREMENT AND PAYMENT

1.4 WORK COVERED BY THE CONTRACT PRICE

1.4.1 Existing Conditions

1.5 SUBMITTALS

1.6 MATERIAL TO BE REMOVED

1.6.1 Debris Within the Dredging Limits

1.7 SIGNAL LIGHTS

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

1.8.1 Known Pipeline/Utility Crossings

1.9 ORDER OF WORK AM#1

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 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM

1.15 CORPS OF ENGINEERS RESERVE FLEET

1.16 INSPECTION

1.16.1 Equipment

1.16.2 Transportation

1.17 QUANTITY SURVEYS

1.17.1 General

1.17.2 Surveys

1.17.3 Submittals

1.18 FINAL EXAMINATION AND ACCEPTANCE

1.18.1 Acceptance

1.19 SHOALS

1.20 UNANTICIPATED SHOALING

1.21 VARIATION IN ESTIMATED QUANTITIES - DREDGING

1.22 CONTINUITY OF WORK

PART 2 PRODUCTS

2.1 BRIDGE-TO-BRIDGE RADIOTELEPHONE EQUIPMENT

2.2 LOOKOUTS AND RADIO COMMUNICATIONS

PART 3 EXECUTION

3.1 ESTIMATED QUANTITY OF MATERIAL

3.1.1 Quantity Summary

3.1.2 Required Dredging Prism

3.1.3 Allowable Overdepth

SECTION 35 20 23.12 45 Page 1

3.1.4 Side And End Slopes

3.1.5 Excessive Dredging

3.1.6 Surveys

3.2 AREAS TO BE DREDGED

3.3 BED LEVELING

3.4 CONDUCT OF DREDGING WORK

3.4.1 Pre-Operations Safety Coordination Meeting

3.4.2 Protection of Existing Waterways

3.4.3 Adjacent Property and Structures

3.5 PLACEMENT OF EXCAVATED MATERIAL

3.5.1 General

3.5.2 ODMDS

3.5.2.1 ODMDS Monitor Surveys

3.5.3 Galveston Island Beach Placement

3.5.3.1 Beach Placement Operations AM#1

3.5.3.1.1 Beach Placement Sediment Criteria and Hopper Sampling

3.5.3.1.2 Beach Operation and Access Coordination Meeting AM#1

3.5.3.1.3 Beach Operation and Access Plan

3.5.3.1.4 Traffic Provisions

3.5.3.1.4.1 Maintenance of Traffic

3.5.3.1.4.2 Protection of Traffic

3.5.3.1.4.3 Rush Hour Restrictions

3.5.3.1.5 Employee Parking

3.5.3.2 Grade Stakes

3.5.3.3 Debris within the Beach Placement Area AM#1

3.5.3.4 Public Interaction

3.5.3.5 Beach Placement Surveys

3.5.3.5.1 Depth of Closure Survey

3.5.3.6 Severe Weather Event Evacuation Procedures

3.6 ENDANGERED SPECIES MONITORING

3.6.1 ENDANGERED SPECIES PROTECTION PLAN

3.6.1.1 Content of Endangered Species Protection Plan

3.6.2 Sea Turtles

3.6.2.1 Training

3.6.2.2 Methodology

3.6.2.3 Daily Surveys

3.6.2.4 Equipment Staging Area

3.6.2.5 Lighting

3.6.2.6 Notification

3.6.3 Piping Plovers and Red Knots

3.6.3.1 Training

3.6.3.2 Monitoring

3.6.3.3 Notification

3.6.4 Final Reporting

3.7 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.7.1 Damages

3.7.2 Accountability and Restoration

3.8 ALTERNATE ODMDS(S) PROPOSED BY CONTRACTOR WITH BID AFTER AWARD OF

CONTRACT

3.8.1 Data Submittal

3.9 UNAUTHORIZED PLACEMENT OF MATERIAL

3.9.1 Debris Disposal

3.10 DREDGE PIPELINES

3.10.1 Submerged Pipeline Plan

3.10.2 Submerged Pipeline Lighting Requirements

3.10.3 Floating Pipeline

3.10.4 Pipeline Leaks

3.11 HOUSTON-GALVESTON VESSEL TRAFFIC SERVICE AREA

3.11.1 General

SECTION 35 20 23.12 45 Page 2

3.11.2 Report Changes

3.11.3 Vessel Traffic Service Location

3.11.4 Communications

3.11.5 Operations

3.12 DREDGING AND DREDGE RELATED MARINE WORK (CESWG)

3.13 AUTOMATIC IDENTIFICATION SYSTEM

3.14 DREDGE PLANT INSTRUMENTATION

ATTACHMENTS:

Site Management and Monitoring Plan (SMMP)

Appendix 1 - QUANTITY SUMMARY TABLE

Beach Notice Sign

-- End of Section Table of Contents --

SECTION 35 20 23.12 45 Page 3

SECTION 35 20 23.12 45 Page 4

SECTION 35 20 23.12 45

HOPPER 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 work required by these specifications, schedules, and drawings as specified herein for dredging this project.

1.2 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

U.S. FEDERAL HIGHWAY ADMINISTRATION (FHWA)

MUTCD (2015) Manual on Uniform Traffic Control Devices

1.3 MEASUREMENT AND PAYMENT

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

1.4 WORK COVERED BY THE 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 52.211.18 VARIATION IN ESTIMATED QUANTITY. 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: MATERIAL TO BE REMOVED and PLACEMENT OF EXCAVATED MATERIAL.

1.4.1 Existing Conditions

The drawings already prepared as specified in the CONTRACT CLAUSE 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS represent conditions existing as of the date of their preparation using average existing conditions. However, to reflect anticipated shoaling occurring between the dates of preparation of the drawings and the dates of the

SECTION 35 20 23.12 45 Page 5

"before-dredging" sections, the estimated dredging quantities shown in the Bid Schedule have been adjusted accordingly. The depths and elevations shown thereon will be verified and corrected by fathometer soundings taken by the Government before dredging. The Government normally uses 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. Existing channel condition surveys can be obtained at:

https://www.swg.usace.army.mil/Missions/Navigation/HydrographicSurveys /Galveston-Texas-City-Houston

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:

Government acceptance is required for submittals with a "G, A" designation.

SD-01 Preconstruction Submittals

Notification Prior To Commencement of Dredging Operations ; G, A

Indicate commencement of dredging operations, and location of dredge(s)

Temporary Removal of Aids To Navigation ; G, A

Indicate temporary removal or changes in locations of channel markers required to facilitate dredging operations.

Endangered Species Protection Plan ; G

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

Submerged Pipeline Plan ; G

Traffic Control Plan ; G

Pre-Placement Beach Condition Photographs ; G

Beach Operation and Access Plan ; G

SD-02 Shop Drawings

Surveys ; G

Submit drawings of surveys during progress of work by soundings or sweepings.

ODMDS Monitor Surveys ; G

SECTION 35 20 23.12 45 Page 6

Surveys are to be submitted in ASCII XYZ format on compact disks or electronic file promptly upon completion.

Post Disposal Summary Report ; G

Reports are to be submitted within 7 days after completion when using the Galveston ODMDS. Report format is to follow example Appendix E in the Site Management and Monitoring Plan (SMMP) attached at the end of this section

Drag Bar ; G

Shop Drawings and one photograph showing drag bar equipment used for final leveling work is to be submitted as part of the Contractor's Quality Control (CQC)Report.

Bed Leveling - Reporting and Documenting; G

Document the bed leveling activity including date and time for initiation and completion of bed leveling on the CQC Report.

Before Beach Placement Profile Cross Sections ; G

SD-11 Closeout Submittals

Depth Of Closure Surveys ; G

After Beach Placement Profile Cross Sections ; G

Post-Placement Beach Condition Photographs ; G

Grade Stakelog/Map ; G

Environmental Observation Documentation

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.

1.6.1 Debris Within the Dredging Limits

Debris, including but not limited to metal bands, 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 this size or character that will require the use of explosives or special or additional plant for 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 conducted in accordance with subparagraph entitled Debris Disposal, below. If the actual conditions differ from those stated or shown, an adjustment in Contract price, time of completion, or both will be made in accordance with the CONTRACT CLAUSE

52.236-2 DIFFERING SITE CONDITIONS.

1.7 SIGNAL LIGHTS

The Contractor is to display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and

SECTION 35 20 23.12 45 Page 7 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:

https://www.navcen.uscg.gov/?pageName=NavRulesAmalgamated

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

It is the Contractor's responsibility to investigate the location of utility crossings. Take precautions against damages which might result from dredging operations in the vicinity of the utility crossings. If any 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 will 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 ( AM#1)

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

67+152 20479 One 6-inch pipeline Samdan Oil Corp.

124+227 22929 One 24-inch pipeline Manta Ray Gathering Co. LLC

80+703 4281 One 24-inch pipeline Florida Gas Trans

67+142 1493 One 14-inch pipeline Exxon Co.

63+609 4063 One 8-inch pipeline One 4-inch pipeline Four 2-inch pipelines

Exxon Co.

13+600 22929 One 24-inch pipeline Manta Ray Gathering, Co.

EVERY EFFORT HAS BEEN MADE TO GI VE ALL PERTI NENT DETAI LS ON THE LOCATI ON

OF PI PELI NES/ UTI LI TI ES. THE DATA FURNI SHED ON THE PLANS ARE BELI EVED TO

SECTION 35 20 23.12 45 Page 8

BE SUBSTANTI ALLY CORRECT. HOWEVER, THE EXACT LOCATI ONS MAY VARY FROM THAT

SHOWN: THEREFORE THE CONTRACTOR I S TO COOPERATE WI TH THE RESPECTI VE

OWNERS TO ESTABLI SH THE ACTUAL POSI TI ON OF THE PI PELI NES/ UTI LI TI ES. THE

U. S. ARMY CORPS OF ENGI NEERS PERMI TS OF THE RESPECTI VE PI PELI NES AND

PREVI OUS SURVEYS ARE AVAI LABLE I N THE GALVESTON RESI DENT OFFI CE.

THE FOLLOWING IS FURNISHED FOR INFORMATION ON VERIFYING PIPELINE/UTILITY

OWNERSHIPS:

Texas One Call at 811, 1-800-545-6005 or online at https://www.texas811.org/

1.9 ORDER OF WORK AM#1

The Contractor may commence dredging in the order it desires AM#1. The Government reserves the right to change the order of work at any time.

1.9.1 Dredging Options

The Government may award Dredging Options as specified.

1.10 OBSTRUCTION OF CHANNEL

The Government may 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 the passage of vessels difficult or endangers them, the plant is to be promptly moved on the approach of a vessel as far as may be necessary to afford a practicable passage. Only one dredge will be allowed in the Houston Ship Channel on this Contract. Upon completion of the work, the Contractor's plant is to promptly be removed, 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 30 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.

1.12 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

Notify the Contracting Officer's Representative, 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 52.236-15 SCHEDULES FOR CONSTRUCTION

CONTRACTS.

SECTION 35 20 23.12 45 Page 9

1.13 SIGNAL LIGHTS

The Contractor and subcontractors are to display signal lights and conduct operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing 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, lights to be displayed on dredge pipelines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in the fairway or channel, and the passing of other vessels of floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International-Inland (COMDTINST M16672.2), or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable. Navigation Center website location http://www.navcen.uscg.gov/?pageName=navRuleChanges .

1.14 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM

The work under this Contract requires use of the National Dredging Quality Management Program (DQM), formerly known as Silent Inspector (SI) to monitor the dredge's status at all times during this Contract in accordance with the SECTION 35 20 23.23 NATIONAL DREDGING QUALITY

MANAGEMENT PROGRAM, HOPPER DREDGE.

1.15 CORPS OF ENGINEERS RESERVE FLEET

If the work specified in this Contract is performed by hopper dredge(s), the owner shall have an active Basic Ordering Agreement (BOA) for the hopper dredge(s) on file with the Corps. The Contractor shall be obligated to make the hopper dredge(s) available to serve in the Corps of Engineers Reserve Fleet (CERF) at any time that the hopper dredge(s) is performing work under this Contract. When the Contracting Officer is notified of the decision to activate this dredge(s) into the CERF, it shall take appropriate action to release the dredge(s). The Contracting Officer may then extend or terminate the Contract to implement the action in the best interest of the Government. The CERF Contractor shall also be subject to the following conditions:

a. The Director of Civil Works may require the Contractor to perform emergency dredging at another CONUS (48 contiguous states) site for a period of time equal to the remaining time under this Contract at the date of notification plus up to 90 days at the previously negotiated rate which appears on the schedule of prices in the BOA.

b. The Chief of Engineers may require the Contractor to perform emergency dredging at a OCONUS (Outside CONUS which includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, or U.S. Trust Territories site for a period of time equal to the time remaining under this Contract at the date of notification plus up to 180 days at the negotiated rate which appears on the schedule of prices in the BOA.

c. The CERF shall be activated by the Chief of Engineers or the Director of Civil Works; then the Ordering Contracting Officer will notify the Contractor. From the time of notification, the selected hopper dredge(s) shall depart for the emergency assignment within 72 hours for CONUS or 10 days for OCONUS

SECTION 35 20 23.12 45 Page 10 assignments.

d. A confirming delivery order will be issued pursuant to the BOA by the Ordering Contracting Officer. This delivery order shall utilize the schedule of rates in the BOA for the specific hopper dredge(s).

e. If during the time period specified in a, b, or c, above, a CERF vessel(s) is still required, the Contract performance may be continued for additional time by mutual agreement.

1.16 INSPECTION

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

1.16.1 Equipment

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

1.16.2 Transportation

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

1.17 QUANTITY SURVEYS

1.17.1 General

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.

1.17.2 Surveys

The Contractor shall conduct the original and final surveys and surveys for any periods for which progress payments are requested. These surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting officer waives this requirement in a specific instance. The Government may 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.

SECTION 35 20 23.12 45 Page 11

1.17.3 Submittals

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

1.18 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work or any section thereof, if the work is divided into sections and in the opinion of the Contracting Officer will not be subject to damage by further operations under this Contract, this work will be thoroughly examined at the expense of the Government by sounding or by sweeping, or both, as directed. If shoals, lumps, or other lack of Contract depth are disclosed by this examination, the Contractor will be required to remove same by dragging the bottom or by dredging at the Contract rate for dredging but, if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of the shoal may be waived at the discretion of the Contracting Officer. The Contractor or its authorized representative will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition it will be accepted finally. If more than two sounding or sweeping operations by the Government over an area are necessary, by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of the third and any subsequent sounding or sweeping operations will be charged against the Contractor at the rate of $15,792.00 per day for each day in which the Government plant is engaged in sounding or sweeping or is enroute to or from the site or held at or near the site for these operations.

1.18.1 Acceptance

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

1.19 SHOALS

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

1.20 UNANTICIPATED SHOALING

During the course of this Contract, unanticipated dredging requirements within the vicinity of Galveston, Houston, and Texas Citymay 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 52.243-4 CHANGES, and the work performed upon the execution of a bilateral contract modification.

SECTION 35 20 23.12 45 Page 12

1.21 VARIATION 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 CONTRACT CLAUSE 52.211-18, VARIATION IN ESTIMATED QUANTITY (April…