B.08.03 AMEND-0004-W912HY21B0013 20210813.pdf

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

SEE SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CONTRACT ID CODE PAGE OF PAGES

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 W912HY21B0013

X 9B. DATED (SEE ITEM 11)

20-Jul-2021

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

NO0004

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-Aug-2021

CODE

US ARMY CORPS OF ENGINEERS

GALVESTON DISTRICT

CONTRACTING DIVISION

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HY21B0013

A0004-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY21B0013, SABINE NECHES WATERWAY

MAINTENANCE DREDGING, SABINE NECHES WATERWAY, TEXAS, in JEFFERSON

COUNTY, TEXAS, and CAMERON PARISH, LOUISIANA, FOR WHICH BIDS ARE DUE ON

AUGUST 19, 2021 AT 2:00 P.M. CDT, are hereby amended as follows:

a) Specifications.

(1) SECTION 35 20 23.17 45, PIPELINE DREDGING FOR SABINE NECHES WATERWAY –

The enclosed SECTION 35 20 23.17 45 entitled PIPELINE DREDGING FOR SABINE

NECHES WATERWAY supersedes that issued with this Solicitation.

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

1 Encl:

1. SECTION 35 20 23.17 45, PIPELINE DREDGING FOR SABINE NECHES WATERWAY

SWG FILE NO.: SN 0105-0219 SOLICITATION NO.: W912HY21B0013

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.17 45

PIPELINE DREDGING FOR SABINE NECHES WATERWAY AMENDMENT NO. 0002 0004

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 PERMITS

1.9 UTILITIES ACROSS THE LIMITS OF DREDGING

1.9.1 Known Pipeline/Utility Crossings

1.10 ORDER OF WORK AM#2

1.11 OBSTRUCTION OF CHANNEL

1.12 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

1.13 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

1.14 SIGNAL LIGHTS (CESWG)

1.15 PLANT

1.15.1 General Requirements

1.15.2 Capacity

1.15.3 Inspectors (Government Agents) Transportation

1.16 INSPECTION

1.16.1 Equipment

1.16.2 Transportation

1.17 QUANTITY SURVEYS AM#2

1.18 FINAL EXAMINATION AND ACCEPTANCE

1.18.1 Acceptance

1.19 SHOALS

1.20 UNANTICIPATED SHOALING

1.21 VARIATIONS 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

3.1.4 Side And End Slopes

SECTION 35 20 23.17 45 Page 1

TO ACCOMPANY AMENDMENT NO. 0004 TO SOLICITATION: W912HY21B0013

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 Confined Placement Area Nos. 9A, 12, 13, 14 16, 18, 23, 24, 25, and 26 AM#4

3.4.1.2 Misplaced Material

3.4.1.3 Placement Operations Inspection

3.4.1.4 Placement Area Drainage

3.4.1.5 Maintenance of Existing Dikes and Drop-outlet Structures

3.4.2 Spillway Operations

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 PORT ARTHUR VESSEL TRAFFIC SERVICE AREA

3.10.1 General

3.10.2 Report Changes

3.10.3 Vessel Traffic Service Location

3.10.4 Communications

3.11 WORK IN THE VICINITY OF OTHER GOVERNMENT CONTRACTORS

3.12 DREDGING AND DREDGE RELATED MARINE WORK

3.13 AUTOMATIC IDENTIFICATION SYSTEM

3.14 DREDGE PLANT INSTRUMENTATION

ATTACHMENTS:

Port of Port Arthur Permit

Appendix 1 - QUANTITY SUMMARY TABLE

-- End of Section Table of Contents --

SECTION 35 20 23.17 45 Page 2

SECTION 35 20 23.17 45

PIPELINE DREDGING FOR SABINE NECHES WATERWAY

AMENDMENT NO. 0002 0004

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 for Sabine Neches Waterway 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: MATERIAL TO BE REMOVED 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 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 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.

Existing channel conditions surveys can be obtained at:

https://www.swg.usace.army.mil/Missions/Navigation/Hydrographic-Surveys/Sabine-Neches-Waterway/

SECTION 35 20 23.17 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 the 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

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

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.

Rainbow Canal Survey Plan ; G

Vehicular Access Plan ; G

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 Port Arthur Resident Office and after investigation decide for themselves

SECTION 35 20 23.17 45 Page 4 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. The Government has no knowledge of existing wrecks, wreckage, or other material of that size or character as to require the use of explosives or special or additional plant for its economical removal. Debris removed from the dredged area is to be removed from the water. Disposal is to be the responsibility of the Contractor and disposal will 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 for examination in the Galveston Resident Office of the U.S. Army Corps of Engineers, Jadwin Building, 2000 Fort Point Road, Galveston, Texas. The instruments authorizing the laying of shore pipelines may contain certain restrictions relative to specific route, location, and general use of the land. These instruments form a part of these specifications and the Contractor is to strictly comply with the terms thereof.

1.8 PERMITS

The Port of Port Arthur Permit for dredging is attached for reference to this section.

1.9 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 will be at the Contractor's expense.

1.9.1 Known Pipeline/Utility Crossings

SABI NE- NECHES CANAL

APPROX.

STATION

OWNER PHONE PIPE SIZE CONTENTS PERMIT NO.

183+40 City of Pt Arthur 409-983-822 Two Waterlines (Abandoned?)

195+37 City Of Pt Arthur One 16-inch Waterline

14114

SECTION 35 20 23.17 45 Page 5

SABI NE- NECHES CANAL

APPROX.

STATION

OWNER PHONE PIPE SIZE CONTENTS PERMIT NO.

591+70 Coastal State Gas Tranmission

Two 6" Gas (Possibly abandoned)

NECHES RI VER CHANNEL

APPROX.

STATION

OWNER PHONE PIPE SIZE CONTENTS PERMIT NO.

36+62 Williams Gas Pipeline Transco

713-215-2500 1-10"; 1-24" Natural Gas

14434

41+76 Williams Gas Pipeline Transco

713-215-2500 1-24" Natural Gas

11456

93+00 Texas Dept. of Transportation

Veterans Memorial Bridge

93+00 Sabine Polypropylene

Pipelines

1-8" Natural Gas

22377

93+50 Gulf States Utilities

One Aerial Transmission Cable

95+00 Texas Dept. of Transportation

S.H.-87 Bridge Hori.600'-Vert.172'

99+30 Kinder Morgan Texas Pipeline

713-369-9299 1-16" Gas

102+50 El Paso Merchant Energy

713-420-2856 1-10" Crude Oil 14114(02)/

134+86.36 DuPont 2-4" 13817

138+40 Buckeye Production Pipeline

1-8" 22581

140+89 Sabine Gas Transmission Co.

1-24" Gas 19379

162+30 Texas Gas Service Co.

409-963-7125 1-4" Natural Gas

10136

162+30 Southwestern Bell Telephone

713-460-3886 1-14" Telephone Conduits

10127

162+70 City of Port Arthur 409-983-8189 1-10" Water 10128

163+00 Time Warner Cable 409-720-5565 2-2" Cables 141149040/

SECTION 35 20 23.17 45 Page 6

NECHES RI VER CHANNEL

APPROX.

STATION

OWNER PHONE PIPE SIZE CONTENTS PERMIT NO.

180+00 Chevron Pipeline Co.

409-287-2735 1-8" Ethylene

183+40 ABANDONED BY CITY

OF PA

409-983-8189 2-10"

184+65 Air Liquide Company 337-493-4724 1-8" Oxygen Gas

184+65 Gulf Refining Co. 1-8"

184+65 Praxair 281-872-2138 2-10"; 1-8" Oil 5569

184+65 Ameripol Sympol 1-4"

184+65 Big Three Pipelines Co.

800-926-9620 1-8"; 1-10"

185+65 Exxon/Mobil, Inc. 281-925-3816 1-8" Products 7117

185+65 Air Liquide Company 337-493-4724 1-6" Oxygen Gas

185+65 Exxon/Mobil, Inc. 281-925-3816 2-4" Products 7117

192+00 Gulf States Utilities

One Aerial Transmission Line

192+12 DuPont 1-8" 12303

192+66 UCAR Pipeline Co. 409-962-1655 1-10" Ethylene 7089

195+38 City of Port Arthur 409-983-8189 1-16" Water 14114(04)/

242+38 Natural Gas Pipeline Company

800-733-2490 1-30" Natural Gas

11270

243+74 Natural Gas Pipeline Company

800-733-2490 1-30" Natural Gas

12504

272+65 United Texas Trans. Co.

713-977-7770 1-20" Gas

273+67 Tejas 1-26"; 1-24" 5110

285+00 1-4"

286+00

287+37 Explorer Pipeline Co.

918-493-5172 1-12" Refined Products

288+46 United Texas Trans. 1-16"; 1-20"

288+46 Midcon TX Pipeline Corp

800-733-2490 1-20"; 1-16" Natural Gas

SECTION 35 20 23.17 45 Page 7

APPROX.

STATION

OWNER PHONE PIPE SIZE CONTENTS PERMIT NO.

291+26 Kinder Morgan Tejas PL

713-369-9000 1-6";

1-24";

1-26"; 1-8"

Natural Gas

5110/ 9106

291+26 Exxon Company 1-6";

1-24"; 1-26"

291+26 Buckeye Gulf Coast 713-654-7150 2-8" ethanes/ ethylene

291+50 Huntsman 409-989-6842

291+95 Allied Chemical 1-9" 9106

291+95 Exxon Company 1-24"; 1-26"

292+12 Tejas 713-658-8048 1-8" 9106

292+12 Conoco 281-537-1383 2-8" 9105

292+12 Shell Pipeline Co. 409-984-7010 3-8" Natural Gas

9105/ 9106

292+20 Centana Pipeline Co.

409-835-6650

293+52 Sabine Pipeline 504-464-0848 1-16"

293+52 Sabine Pipeline 504-464-0848 1-18" Gas 7116

294+02 Texaco, Inc. 409-984-7015 1-22" Products 1844

294+24 Ecolawn 409-736-2964 1-16"; 1-22" Gas 6871

Texas Pipeline Co. 1-22"

294+56 Texaco, Inc, 409-984-7015 1-8" Petroleum 7640

294+61 Air Products & Chemicals, Inc.

409-982-8600 1-10" Hydrogen 7668

295+25 Centana Pipeline Co.

409-835-6650

294+76 Texas Pipeline Co. 713-982-5711 1-6" Petroleum 7606

295+70.46 Winnie Pipeline Co 1-16" 18429

298+00 Buckeye Gulf Coast Pipeline

713-654-7150 1-22" Natural Gas

SECTION 35 20 23.17 45 Page 8

APPROX.

STATION

OWNER PHONE PIPE SIZE CONTENTS PERMIT NO.

299+00 Air Liquide America Corp

337-493-4724 1-6" Nitrogen Oxygen

Note: The Mobile pipelines at 905+15 to 905+55 may no longer exist; there are no warning signs on the banks and Mobile does claim to have pipelines there.

They could be old pipelines which were replaced by the pipelines at 903+04.3.

Contractor needs to proceed with caution anyway.

Note: The Mobile pipelines at 905+15 to 905+55 may no longer exist; there are no warning signs on the banks and Mobile does claim to have pipelines there.

They could be old pipelines which were replaced by the pipelines at 903+04.3.

Contractor needs to proceed with caution anyway.

946+00 North Star Steel 1-3" & 1-6"

948+00 Kinder Morgan (409) 880-2719

1-16"

965+25 United Transmission (line may no longer exist)

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

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 PORT ARTHUR RESI DENT OFFI CE.

THE FOLLOWING IS FURNISHED FOR INFORMATION ON VERIFYING PIPELINE

OWNERSHIPS:

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

1.10 ORDER OF WORK AM#2

Cont r act or shal l begi n and compl et e Schedul e No. 1 st ar t i ng at Sect i on 3 t hen wor ki ng t he ot her sect i ons i n t he or der i t desi r es. Al l Opt i on wor k, i f awar ded, may be compl et ed i n t he or der t he Cont r act or desi r es, but may not commence unt i l t he compl et i on of al l wor k r el at ed t o Sect i on 1- 4 i n Schedul e No. 1. The Gover nment r eser ves t he r i ght t o change t he or der of wor k at any t i me.

SECTION 35 20 23.17 45 Page 9

1.11 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 will 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, the Contractor is to promptly remove its plant, including ranges, buoys, piles, and other marks placed under this Contract.

1.12 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

The temporary removal or changes in locations of channel markers may be required to facilitate dredging operations. The Contractor will notify the Contracting Officer at least 21 days prior to the date that the removal or change in location of channel markers will be required so the U.S. Coast Guard can perform the work and so navigation interests may be informed sufficiently in advance of the proposed removal or change in location.

The Contractor is not to remove, change the location of, obstruct, willfully damage, make fast to, or interfere with aids to navigation.

1.13 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

Notify the Port Arthur Resident Engineer, Northern Area Office, in writing, at least 10 days prior to commencement of dredging operations, the location or locations at which a dredge or dredges will be placed on the work. This information is required in addition to the progress charts and schedule provided for in the CONTRACT CLAUSE entitled SCHEDULE FOR

CONSTRUCTION CONTRACTS.

1.14 SIGNAL LIGHTS (CESWG)

Display signal lights and conduct its 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

SECTION 35 20 23.17 45 Page 10

1.15 PLANT

1.15.1 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 are 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.

1.15.2 Capacity

No reduction in the capacity of the dredge equipment and attendant plant employed to execute the work will be made except by written direction of the Contracting Officer. The measure of the "Capacity of the Dredge and Attendant Plant" is to be its actual performance on the work to which these specifications apply.

1.15.3 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 will be replaced and inexperienced operators unable to operate the equipment will be replaced within 12 hours after the Contractor is directed to do. No smoking will be allowed inside the cabin and operator's space while occupied by Government personnel. No Smoking signs will be posted.

1.16 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.

1.16.1 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

SECTION 35 20 23.17 45 Page 11

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 AM#2

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

(2) The Gover nment shal l conduct t he or i gi nal and f i nal sur veys and make t he comput at i ons based on t hem. The Cont r act or shal l conduct t he sur veys f or any per i ods f or whi ch pr ogr ess payment s ar e r equest ed and make t he comput at i ons based on t hese sur veys. Al l sur veys conduct ed by t he Cont r act or shal l be conduct ed under t he di r ect i on of t he Cont r act i ng Of f i cer , unl ess t he Cont r act i ng Of f i cer wai ves t hi s r equi r ement i n a speci f i c i nst ance.

(3) Promptly upon completing a survey, the Contractor shall submit the originals of field notes and other records relating to the survey or to the layout of the work to the Contracting Officer, 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 $13,035.00 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.

SECTION 35 20 23.17 45 Page 12

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 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.

1.21 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

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

If the total quantity of material to be paid for and actually removed under this Contract exceeds the limit established by FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY (April 1984), an additional time will be allowed at the rate of 1 calendar day for each 10,000 cubic yards in excess of the established limit. The Contractor is not to exceed the estimated quantities in the Contract Line Items without prior authorization and only with a signed modification issued by the Contracting Officer.

1.22 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 will 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

SECTION 35 20 23.17 45 Page 13

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 Sabine-Neches Waterway, the Contractor is to 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 will be competent in U.S. Coast Guard and Federal Communications Commission radio communications procedures and requirements and 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 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 Bid 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

SECTION 35 20 23.17 45 Page 14 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 will be construed to prevent payment for the removal of shoals performed in accordance with the applicable provisions of the Paragraph FINAL EXAMINATION AND ACCEPTANCE or Paragraph SHOALING.

3.2 AREAS TO BE DREDGED

Based on information currently available to the Government, areas known to require dredging are shown.

3.3 CONDUCT OF DREDGING WORK

3.3.1 Pre-Operations Safety Coordination Meeting

Prior to arrival on location and commencing dredge operations, the Contractor is to attend a pre-dredging safety coordination meeting between the dredge operators, pilots, towing industry representatives, VTS, and the affected port.

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 will 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 will 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

SECTION 35 20 23.17 45 Page 15 prompt repair at the Contractor's expense as a prerequisite to the resumption of dredging.

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 is to consider include, but are not limited to, the Federal Migratory Bird Treaty Act and the Endangered Species Act of 1973.

3.4.1.1 Confined Placement Area Nos. 9A, 12, 13, 14 16, 18, 23, 24, 25, and 26 AM#2AM#4

Confined Placement Area No. 9A shall be used to deposit material to be dredged from Section Nos. 18A, 18B, 20 , 21, 22, and 23. Confined Placement Area No. 12, 13, 14, and 16 shall be used to deposit material to be dredged from Section Nos. 1 through 4, 11, 12, and 16. Confined Placement Area No. 18 and 23 shall be used to deposit material to be dredged from Section Nos. 5 through 7 and 17. Confined Placement Area No. 25 and 26 shall be used to deposit material to be dredged from Section Nos. 8 and 13 through 15. Confined Placement Area Nos. 24 and 25 shall be used to deposit material to be dredged from Section Nos. 8, 9A, 9B, and 10. The perimeter dike shall be maintained and repaired as necessary for the duration of this Contract. Repairs to the breaches or low areas shall be constructed to the lines and grades of the existing adjacent dikes. A spreader shall be used to reduce scouring and to distribute the material evenly. The Contractor shall monitor and control movement of the discharge point within the discharge corridor to insure an even build-up of material within the Placement Area and to prevent overflowing the dike.

The effluent ditch shall be maintained and excavated, as necessary, to prevent overflowing of the ditch.

The laying of dredge pipelines to PA No. 12 will require crossing a paved public road. The Contractor shall construct a ramp strong enough to withstand heavier than 40-ton trucks that will be constantly traveling over the ramp 24 hours a day. The Contractor will, prior to laying the dredge pipeline, submit a Vehicular Access Plan for approval for maintaining vehicular access. Also, the Contractor shall obtain a Utility Cut permit from the City of Port Arthur (409-983-8182) prior to construction of the ramp. The design and construction of the ramp shall be coordinated with the adjacent landowner, Mr. Chris Bean (409-962-8424) of Marine Fueling Service.

When discharging into PA No. 13, Contractor shall block any culvert that opens into the Rainbow Canal (under the Rainbow Bridge) and prevent dredge effluent from flowing into the Rainbow Canal. Before the dredging operation, Contractor shall survey the Rainbow Canal and submit a Rainbow Canal Survey Plan . The Contractor is to determine the extent of shoals that occur in the Rainbow Canal Tributary to the Neches River (Sta.96+50 Left Ascending). Contractor shall inform the Contracting Officer Representative of any increase in shoals along it's 3,500 LF X 100 LF dimension before and during dredging operations. The proposal is to avoid canal residents claiming that dredging causes the canal to fill in.

SECTION 35 20 23.17 45 Page 16

Inspect the Placement Areas to ensure that the 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 shall consider include, but are not limited to, the Federal Migratory Bird Treaty Act and the Endangered Species Act of 1973.

3.4.1.2 Misplaced Material

Material is not to 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 are materials to 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 is to be placed in the Placement Area.

Dragging or washing operations to remove the shoals will not be permitted.

3.4.1.3 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 will not 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.

3.4.1.4 Placement Area Drainage

Deposited materials are not to impound water or impede natural drainage.

The Contractor is to, 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.

3.4.1.5 Maintenance of Existing Dikes and Drop-outlet Structures

It is the responsibility of the Contractor to verify the current condition of the dikes 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 dikes condition and to maintain the dikes in a condition and elevation equal to or better than the condition of the dikes at the date of this Contract award. The Contractor is to also 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

SECTION 35 20 23.17 45 Page 17

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, the Contractor is to remove the boards as soon as practicable to accomplish drainage of the Area.

3.5 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.5.1 Damages

Fences, roads, ditches, private or public grounds, and other structures or improvements damaged as a result of the Contractor's operations herein specified will be repaired or rebuilt by and at the Contractor's expense.

The areas used by the Contractor in laying and maintaining pipelines are to be restored to the same or as good a condition as existed prior to commencement of the work. Upon completion of the work, the ends of culverts are to be fully closed with wooden bulkheads and trenches and bank cuts are to be backfilled to original ground level.

3.5.2 Accountability and Restoration

Preserve and protect the existing informational and directional signs, camp facilities, water wells and tanks, station markers, mile markers, and mooring piles which have been established along either bank of the Waterway within the reaches of the dredging operations covered herein.

The Contractor is to be accountable for and will be required to replace or restore at its expense the signs, camp facilities, water wells and tanks, markers, and mooring piles damaged or destroyed as a result of dredging operations herein specified.

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

AWARD OF CONTRACT

If, after award of this Contract, placement area(s) other than those specified herein are proposed, their acceptance will be subject to approval. Furnish written permission from the owners for the use of the substitute placement area(s) and written permission from the owners of the properties involved in obtaining access to the substitute placement area(s). The Contractor is to coordinate the use of the substitute placement area(s) with Federal and State Natural Resource Agencies and will submit, with its proposal, documentation that demonstrates compliance with the applicable laws and regulations pertinent to designation and coordination of dredged material placement area(s). The Galveston District will be consulted for specific requirements. Expenses incurred in connection with providing and making available another placement area(s) will be borne by the Contractor. Materials deposited thereon and operations in connection therewith will be at the Contractor's risk.

3.6.1 Data Submittal

The award of the modification will be subject to the approval of the proposed Contractor-furnished Placement Area(s) and unless the foregoing required data are furnished with the Contractor's request, the modification for the use of the proposed substitute Placement Area(s) will

SECTION 35 20 23.17 45 Page 18 not be considered.

3.7 METHOD OF PLACEMENT

Deposit dredged material by the hydraulic process. Pipeline for hydraulic dredging is to discharge into the Placement Area as shown or indicated.

3.7.1 Pipeline Route

The dredge pipeline route to the Placement Area is to follow closely the location shown or approved. Detailed right-of-way drawings showing the location of the pipeline route(s) with respect to property lines are available for inspection at the Port Arthur Resident Office.

3.8 DISPOSAL IN PLACEMENT AREA

Dredged material is to be placed to the lines and grades shown and as specified.

3.8.1 Utilities within the Placement Area

Every effort has been made to give pertinent details of the location of utilities, pipelines, and other facilities which may be encountered in trenching or jacking operations. The Contractor is to investigate existing conditions and be satisfied that no additional construction which may interfere with dredge pipeline laying specified herein exists.

3.8.2 Unauthorized Placement of Material

Excavated material that is deposited elsewhere than in places designated or approved will not be paid for and the Contractor may be required to remove the misplaced excavated material and deposit it where directed at Contractor's expense.

3.8.3 Debris Disposal

During the progress of the work, the Contractor is not to deposit worn out discharge pipe, wire rope, scrap metal, timbers, or other rubbish or obstructive material in the Placement Area, or along the banks of the navigable waters, except as specified herein. This material, together with scrap rope, wire cable, piles, pipe, or other obstructive material which may be encountered during the dredging operations, are to be disposed by the Contractor at approved locations.

3.9 DREDGE PIPELINES

Plainly mark the pipeline access routes with conspicuous stakes, targets and buoys which are to be maintained throughout this Contract period. The pipeline is to be inspected at least twice daily for leaks. Reference the SECTION 01 35 26.00 45 GOVERNMENTAL SAFETY REQUIREMENTS for additional dredge pipeline safety requirements.

3.9.1 Submerged Pipeline

If the Contractor elects to use a submerged section in the dredge discharge pipeline for crossing a navigable channel it may do so without the formality of obtaining a Department of the Army permit for work or structures in navigable waters. The Contractor is to discuss the submerged section of dredge pipeline during the pre-operations safety

SECTION 35 20 23.17 45 Page 19 meeting. Coordinate the submerged pipeline crossing(s) with the U.S.

Coast Guard Marine Safety Office (MSO), U.S. Coast Guard Vessel Traffic Service (VTS), and the Sabine Pilots (SP). At least 5 days are to be allowed for comments and their comments are to be coordinated with the Contracting Officer. Concerns regarding impact of navigation will be considered and final resolution will be made by the Contractor, Contracting Officer, MSO, VTS, and SP. The submittal of the detailed plans of the submerged pipeline section is to be submitted and approved prior to use of the submerged pipeline section. The plans are to indicate clearly the width and depth of the navigation opening and the method used to mark it by day and by night for the safety of navigation. The minimum bottom width of the submerged section is not to be less than 200-feet wide for channels whose authorized width is greater than 200 feet .