AMEND 0005 - W912HY21B0016.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

The specifications for Unrestricted Procurement for Sabine-Neches Waterway, Texas, Channel Improvement Project, Sabine Extension Channel to Sabine Bank Channel in Jefferson County, Texas, is hereby amended as follows:

The reason for this modification is to answer a projNet question and extend the bid opening to 14 Sep 2021 at 2 pm.

SEE CONTINUATION PAGE

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 W912HY21B0016

X 9B. DATED (SEE ITEM 11)

13-Aug-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 X 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

09-Sep-2021

CODE

US ARMY CORPS OF ENGINEERS

2000 FORT POINT ROAD

P.O. BOX 1229

GALVESTON TX 77553-1229

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HY21B0016

A0005-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY21B0016, Sabine-Neches Waterway, Texas, Channel Improvement Project, Sabine Extension Channel to Sabine Bank Channel Dredging in Jefferson County, Texas, are hereby amended as follows:

a) Specifications.

(1) 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.

b) Drawings. NONE

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

1 Encls:

1. SECTION 35 20 23.12 45, HOPPER DREDGING

SWG FILE NO.: SN 0101-0302 SOLICITATION NO.: W912HY21B0016

SECTION TABLE OF CONTENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

SECTION 35 20 23.12 45

HOPPER DREDGING AMENDMENT NO. 0005

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 CHARACTER OF MATERIAL

1.6.1 Debris Within the Dredging Limits

1.7 SIGNAL LIGHTS

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

1.8.1 Known Utility/Pipeline Crossings

1.9 ORDER OF WORK

1.10 OBSTRUCTION OF CHANNEL

1.11 TEMPORARY REMOVAL OF AIDS TO NAVIGATION

1.12 NOTIFICATION PRIOR TO COMMENCEMENT OF DREDGING OPERATIONS

1.13 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM (DQM)

1.14 CORPS OF ENGINEERS RESERVE FLEET

1.15 INSPECTION

1.15.1 Equipment

1.15.2 Transportation

1.16 QUANTITY SURVEYS

1.17 FINAL EXAMINATION AND ACCEPTANCE

1.17.1 Acceptance

1.18 SHOALS

1.19 UNANTICIPATED SHOALING

1.20 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

1.21 CONTINUITY OF WORK

1.22 ACCOMMODATIONS AND MEALS FOR INSPECTORS

PART 2 PRODUCTS

2.1 BRIDGE-TO-BRIDGE RADIOTELEPHONE EQUIPMENT

2.2 LOOKOUTS AND RADIO COMMUNICATIONS

PART 3 EXECUTION

3.1 DREDGING METHOD

3.2 ESTIMATED QUANTITY OF MATERIAL

3.2.1 Quantity Summary

3.2.2 Required Dredging Prism

3.2.3 Allowable Overdepth

3.2.4 Side And End Slopes

3.2.5 Excessive Dredging

3.2.6 Channel Surveys

3.3 AREAS TO BE DREDGED

3.4 BED LEVELING

SECTION 35 20 23.12 45 Page 1

TO ACCOMPANY AMENDMENT NO. 0005 TO SOLICITATION: W912HY21B0016

3.5 CONDUCT OF DREDGING WORK

3.5.1 Pre-Operations Safety Coordination Meeting

3.5.2 Protection of Existing Waterways

3.5.3 Adjacent Property and Structures

3.5.4 Pre-Dredging Hazard Survey(AM#5)

3.6 PLACEMENT OF EXCAVATED MATERIAL

3.6.1 General

3.6.2 Ocean Dredged Material Site (ODMDS)

3.6.3 ODMDS Monitor Surveys

3.7 ENDANGERED SPECIES PROTECTION PLAN

3.7.1 Content of Endangered Species Protection Plan

3.8 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.8.1 Damages

3.8.2 Accountability and Restoration

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

CONTRACT

3.9.1 Data Submittal

3.10 UNAUTHORIZED PLACEMENT OF MATERIAL

3.10.1 Debris Disposal

3.11 PORT ARTHUR VESSEL TRAFFIC SERVICE AREA

3.11.1 General

3.11.2 Report Changes

3.11.3 Port Arthur Vessel Traffic Service Location

3.11.4 Communications

3.11.5 Operations

3.12 DREDGING AND DREDGE RELATED MARINE WORK

3.13 AUTOMATIC IDENTIFICATION SYSTEM

3.14 DREDGE PLANT INSTRUMENTATION

ATTACHMENTS:

ATTACHMENT 1 - QUANTITY SUMMARY TABLE

ATTACHMENT 2 - POST DISPOSAL SUMMARY REPORT TEMPLATE

-- End of Section Table of Contents --

SECTION 35 20 23.12 45 Page 2

SECTION 35 20 23.12 45

HOPPER DREDGING

AMENDMENT NO. 0005

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 1110-2-1003 (2013)Hydrographic Surveying

EM 385-1-1 (2014) Safety and Health Requirements Manual

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 Paragraph: VARIATIONS IN ESTIMATED QUANTITIES - DREDGING. The channel 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 Paragraphs: CHARACTER OF MATERIAL and

PLACEMENT OF EXCAVATED MATERIAL.

1.4.1 Existing Conditions

The drawings already prepared as specified in the CONTRACT CLAUSE entitled CONTRACT DRAWINGS AND SPECIFICATIONS represent conditions existing as of the date of their preparation using approximate 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 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. With the presence of fluff in the channel, a frequency of

SECTION 35 20 23.12 45 Page 3

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.

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. The following shall be submitted in accordance with the SECTION 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Notification Prior To Commencement of Dredging Operations

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

Temporary Removal of Aids To Navigation ; G, AO

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 the training documentation.

Disposal Sequence Plan ; G

Submit an ODMDS Disposal Sequence Plan, refer to paragraph 3.6.2 of this specification section.

SD-02 Shop Drawings

Channel Surveys ; G

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

ODMDS Monitor Surveys ; G, AO

Before dredging, after dredging, and monthly surveys at each ODMDS shall be submitted in ASCII XYZ format on compact disks or electronic file within two weeks of completion of each survey.

Drag Bar

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

Bed Leveling - Reporting and Documenting

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

SECTION 35 20 23.12 45 Page 4

Post Disposal Summary Report ; G

Refer to paragraph 3.6.2 for information. An example of a Post Disposal Summary Report along with guidance is provided as Attachment 2 of this specification.

SD-06 Test Reports

Pre-Dredging Hazard Survey ; G

Pre-Dredging Hazard Report to be submitted for each dredging reach as outlined in the Subpart, "Pre-Dredging Hazard Survey."

1.6 CHARACTER OF MATERIAL

All maintenance and new work material within the channel prism is dredgible with the equipment, means and methods consistent with dredging of all other maintenance and new work material. Explorations, including core borings, to determine the character of materials to be removed have been obtained by the Government and the results are shown in Appendix A, of Section 00 31 32.13 45 "Subsurface Drilling and Sampling Information". 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 the character of materials.

1.6.1 Debris Within the Dredging Limits

Debris, including but not limited to stone riprap, 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 entitled 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 of the U.S. Coast Guard governing the:

i) lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations;

ii) lights to be displayed on dredge pipe lines;

iii) day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel;

iv) and the passing by other vessels of floating plant working in navigable channels

SECTION 35 20 23.12 45 Page 5 as set forth in United States Coast Guard publication entitled Navigation Rules and Regulations Handbook. Web site location:

http://www.navcen.uscg.gov/?pageName=navRuleChanges

1.8 UTILITIES ACROSS THE LIMITS OF DREDGING

It is the Contractor's responsibility to investigate the location of utility crossings. The Contractor shall 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 shall be at the Contractor's expense. There are no known bridges, tunnels, or overhead lines which are within the dredging limits.

1.8.1 Known Utility/Pipeline Crossings

There are utilities/pipelines which are within the work limits. The locations of utilities/pipelines that are known to cross the areas to be dredged are shown on the plans. Refer to Specification Section 00 31

32.12 45, Appendix B, "Geophysical Surveys" for additional information on utility and pipeline crossings. Known contact information for utilities and pipelines within the project area may be requested from Mr. Kyle Reed at the Sabine-Neches Navigation District (kreed@navigationdistrict.org).

EVERY EFFORT HAS BEEN MADE TO GIVE ALL PERTINENT DETAILS ON THE LOCATION

OF PIPELINES AND UTILITIES. THE DATA FURNISHED ON THE PLANS ARE BELIEVED

TO BE SUBSTANTIALLY CORRECT. HOWEVER, THE EXACT LOCATIONS MAY VARY FROM

THAT SHOWN: THEREFORE THE CONTRACTOR SHALL COOPERATE WITH THE RESPECTIVE

OWNERS TO ESTABLISH THE ACTUAL POSITION OF THE PIPELINES/UTILITIES. THE

U.S. ARMY CORPS OF ENGINEERS PERMITS FOR THE RESPECTIVE PIPELINES AND

PREVIOUS SURVEYS ARE AVAILABLE IN THE GALVESTON RESIDENT OFFICE.

THE FOLLOWING IS FURNISHED FOR INFORMATION ON VERIFYING PIPELINE

OWNERSHIPS:

Lonestar Notification Center 1-800-545-6005 or online at www.Lonestar811.com

Texas 811 (Dig-Tess) 1-800-344-8377

1.9 ORDER OF WORK

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

1.10 OBSTRUCTION OF CHANNEL

The Government will not undertake to keep the Channel free from vessels or other obstructions, except to the extent of applicable regulations, if any,as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor will be required to conduct the work using a method that will obstruct navigation as little as possible, and if the Contractor's plant does obstruct the Channel and makes the passage of vessels difficult or endangers them, the plant is to be promptly moved on

SECTION 35 20 23.12 45 Page 6 the approach of a vessel as far as may be necessary to afford a practicable passage. 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. Submit a written notification to 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. Notification shall include locations of channel markers requiring temporary relocation or removal. Contracting Officer shall be copied on this written notification to the U.S. Coast Guard.

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 Resident Engineer, Port Arthur Resident Office, in writing, at least 10 days prior to commencement of dredging operations, the location or locations at which a dredge or dredges will be placed on the work.

This information is required in addition to the progress charts and schedule provided for in the CONTRACT CLAUSE entitled SCHEDULE FOR

CONSTRUCTION CONTRACTS.

1.13 NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM (DQM)

The work under this Contract requires use of the National Dredging Quality Management Program (DQM), formerly known as the 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.

1.14 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

SECTION 35 20 23.12 45 Page 7 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 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.

1.15 INSPECTION

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

1.15.1 Equipment

At the request of the Government, the Contractor shall furnish the use of boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work.

1.15.2 Transportation

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

1.16 QUANTITY SURVEYS

Refer to Specification Section 00 73 00.01 45, "Special Contract Requirements," Paragraph 1.4 for information on quantity surveys.

1.17 FINAL EXAMINATION AND ACCEPTANCE

As soon as practicable after the completion of the entire work or any section thereof, if the work is divided into sections and in the opinion of the Contracting Officer will not be subject to damage by further operations under this Contract, this work will be thoroughly examined at

SECTION 35 20 23.12 45 Page 8 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 $14,900.00 per day for each day in which the Government plant is engaged in sounding or sweeping or is enroute to or from the site or held at or near the site for these operations.

1.17.1 Acceptance

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

1.18 SHOALS

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

1.19 UNANTICIPATED SHOALING

During the course of this Contract, unanticipated dredging requirements may develop that require the use of the Contractor and Contractor's plant. The dredging required would be similar in scope to that required under the current contract. Dredging would consist of limited portions of a section of channel, intended to remove critical shoals hindering commercial navigation. If such a need arises, the Contracting Officer may issue a Request for Proposal for the work under the CONTRACT CLAUSE entitled CHANGES, and the work performed upon the execution of a bilateral contract modification.

1.20 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING

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

If the total quantity of material to be paid for and actually removed under this Contract exceeds the limit established by FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY (APRIL 1984), an additional time will be allowed at the rate of 1 calendar day for each 25,000 cubic yards in excess of the established limit. The Contractor is not to exceed the

SECTION 35 20 23.12 45 Page 9 estimated quantities in the Contract Line Items without prior authorization and only with a signed modification issued by the Contracting Officer.

1.21 CONTINUITY OF WORK

No payment will be made for work done in an area designated by the Contracting Officer until the full depth required under this Contract is secured in the whole of this area, unless prevented by ledge rock, nor will payment be made for excavation in an area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. If a non-adjacent area is excavated to full depth during the operations carried on under this Contract, payment for the work therein may be deferred until the required depth has been reached in the area intervening. The Contractor may be required to suspend dredging when the gages or ranges cannot be seen or properly followed.

1.22 ACCOMMODATIONS AND MEALS FOR INSPECTORS

If the Contractor maintains on this work an establishment for the subsistence of its employees, it shall, when required, furnish to inspectors employed on the work, and to all Government agents who may visit the work on official business, meals of an approved quality. The meals furnished will be paid for by the Government at a rate of $6.00 per person for each meal.

PART 2 PRODUCTS

2.1 BRIDGE-TO-BRIDGE RADIOTELEPHONE EQUIPMENT

Dredge and self-propelled attendant floating plant shall be radiotelephone equipped to comply with the provisions of the Vessel Bridge-to-Bridge Radiotelephone Act (Public Law 92-63). This will require, as a minimum, the radiotelephone equipment capable of transmitting and receiving on

156.65 MHz (Channel 13). Multi-channel equipment will also require 156.8 MHz (Channel 16). Dredge tugs and tenders will be considered towing vessels within the meaning of the Act.

2.2 LOOKOUTS AND RADIO COMMUNICATIONS

The Contractor shall have a lookout person posted in the dredge control room at all times to visually monitor the movement of vessels around the dredge plant and to perform radio communications with company workboats and to deliver passing arrangements with other commercial, fishing, and recreational vessels. The lookout shall be competent in U.S. Coast Guard and Federal Communications Commission radio communication procedures and requirements, and also trained in the Vessel Bridge to Bridge Radiotelephone Act. The lookout shall maintain up to the minute information on the status of each company workboat as well as approaching vessels and will communicate this information as required to prevent collisions. Each company workboat shall check in with the lookout when arriving at the dredge and shall 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. ANY SUSPENSION, DELAY OR

INTERRUPTION OF WORK ARISING FROM NON-COMPLIANCE OF THIS PROVISION SHALL

SECTION 35 20 23.12 45 Page 10

NOT CONSTITUTE A BREACH OF THIS CONTRACT AND SHALL NOT ENTITLE THE

CONTRACTOR TO ANY PRICE ADJUSTMENT UNDER THE CONTRACT CLAUSE ENTITLED

SUSPENSION OF WORK OR ANY OTHER MANNER UNDER THIS CONTRACT.

PART 3 EXECUTION

3.1 DREDGING METHOD

All excavation within specified channel shall be performed with a Hopper Dredge.

3.2 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 titled VARIATIONS IN ESTIMATED QUANTITIES - DREDGING.

3.2.1 Quantity Summary

The quantities listed in ATTACHMENT 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 dredging work in the Bid Item of the Bid Schedule is divided into Sections.

3.2.2 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 , is listed in Appendix 1 - QUANTITY SUMMARY TABLE.Required Dredging Prism is shown as the area above the Allowable Overdepth line and inside the slopes as shown in the contract cross sections.

3.2.3 Allowable Overdepth

To cover unavoidable inaccuracies of the dredging process, material actually removed from the designated areas to be dredged, including allowable overdepth, will be measured and paid for at full Contract price. The maximum amount of allowable overdepth dredging is estimated including anticipated shoaling occurring prior to the dates of the "before-dredging" surveys in cubic yards is listed in Appendix 1 -

QUANTITY SUMMARY TABLE.

3.2.4 Side And End Slopes

All material above the required dredging prism shall be removed, including the side and end slopes. Only material within the required dredging prism and allowable over-depth is payable. Coordinate with Contracting Officer prior to dredging adjacent to existing bulkheads, shoreline protection, and any other existing improvements adjacent to the dredging template.

3.2.5 Excessive Dredging

Material taken from beyond the limits as specified will be deducted from

SECTION 35 20 23.12 45 Page 11 the total amount dredged as excessive overdepth dredging or excessive side or end slope dredging, for which payment will not be made. Nothing herein shall be construed to prevent payment for the removal of shoals performed in accordance with the applicable provisions of the Paragraph titled FINAL EXAMINATION AND ACCEPTANCE or Paragraph titled SHOALS.

3.2.6 Channel Surveys

Contractor is responsible for performing surveys for quality control purposes during dredging. Near completion of each payment section, perform sufficient surveys to accurately depict those portions of the acceptance section requiring clean-up.

3.3 AREAS TO BE DREDGED

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

3.4 BED LEVELING

Bed leveling by dragging the bottom with a drag bar or other apparatus shall be allowed only in the areas that are designated for dredging in the drawings. Dragging in areas outside of the designated dredging areas is prohibited without written approval. Relocation trawling as specified in the SECTION 35 20 23.14 45 PROTECTION OF SEA TURTLES, is not required in conjunction with bed leveling operations.

3.5 CONDUCT OF DREDGING WORK

3.5.1 Pre-Operations Safety Coordination Meeting

Prior to arrival on location and commencing dredge operations, attend a pre-operations safety coordination meeting between the dredge personnel, pilots, towing industry representatives, Port Arthur Vessel Traffic Service (VTS), and the affected port authority. Government should be provided 48 hours notice so that they may attend.

3.5.2 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 that may be required to comply with the above requirements. If bottom material or other debris are being pushed into areas noted above, as a result of the Contractor's operations, the same shall be promptly removed by and at the expense of the Contractor to the satisfaction of the Contracting Officer.

3.5.3 Adjacent Property and Structures

Dredging shall not occur within 10 feet of existing structures. Damage to private or public property or structures resulting from the disposal or dredging operations shall be repaired promptly by and at the Contractor's expense. Damage to structures as a result of Contractor's negligence will result in suspension of dredging and require prompt repair at the Contractor's expense as a prerequisite to the resumption of dredging.

SECTION 35 20 23.12 45 Page 12

3.5.4 Pre-Dredging Hazard Survey (AM#5)

Prior to commencing dredging, Contractor shall perform a hazard survey over the entire area to be dredged (i.e., all of the Acceptance Sections) to search for surface debris, uncharted pipelines, and/or other anomalies on the and below the existing seafloor. At a minimum the pre-dredge hazard survey shall consist of a magnetometer survey with survey passes of 100 feet or less. Contractor shall supplement the magnetometer survey with side-scan sonar, sub-bottom profiler, probing, and/or similar methods as required to accurately determine location, depth, and composition of bottom debris and uncharted hazards/obstructions. Probing shall be coordinated with utility owners. Contractor shall be soley responsible for determining necessary extent and methods of pre-dredge hazard survey.

Planned scope of pre-dredge hazard survey shall be summarized in Hazard Surveying Plan. Results of the pre-dredge hazard survey shall be provided with a summary of findings, interpretation of any located anomalies, and considerations for dredging. In addition to performing pre-dredge hazard survey, Contractor shall locate and avoid pipelines, cables, and other hazards prior to anchoring, spudding, laying/removing dredging pipeline, etc. throughout the course of the Work. If utility damage occurs t o an i dent i f i ed ut i l i t y as a result of dredging operations, Contractor shall suspend dredging until the damage is repaired and approved. Costs of these repairs and downtime of the dredge and attendant plant shall be Contractor's responsibility.

3.6 PLACEMENT OF EXCAVATED MATERIAL

3.6.1 General

Material excavated is to be transported to and deposited in the Ocean Dredged Material Disposal Site (ODMDS) designated. Inspect the ODMDS 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 are to consider include, but are not limited to the Federal Migratory Bird Treaty Act and the Endangered Species Act of 1973.

3.6.2 Ocean Dredged Material Site (ODMDS)

(1) All material dredged from the channel shall be placed in the assigned ODMDS' shown on the Drawings.

(2) All placement of dredged material within the ODMDS shall be performed with a Hopper Dredge, or scow. No hydraulic or pipeline discharge shall be performed within the ODMDS.

(3) Dredged material shall be deposited within the limiting lines of the ODMDS. Contractor shall perform placement operations in a manner that prevents the material from flowing beyond the limiting lines of discharge. Material deposited to a height of 1 foot or greater beyond the limiting lines of the discharge boundary shall be removed by Contractor at no additional cost to Owner. Refer to the Drawings for additional disposal requirements including mounding limitations.

(4) Disposal sequence shall be selected by Contractor to comply with the disposal requirements stated on the Drawings. Contractor shall submit Disposal Sequence Plan to Engineer prior to construction.

SECTION 35 20 23.12 45 Page 13

(5) Post Disposal Summary Report: Contractor shall prepare and submit a Post Disposal Summary Report within 30 days after completion of dredged material placement in the ODMDS. Government will then submit this report to the EPA for review. Refer to ATTACHMENT 2 - POST DISPOSAL SUMMARY REPORT TEMPLATE of this specification for the required Post Disposal Summary Report template.

a. The Post Disposal Summary Report shall include the following information:

i. Dredging Project Title

ii. Permit number and expiration date (if applicable)

iii. Contract number

iv. Name of contractor(s) conducting the work

v. Name and type of vessel(s)

vi. Disposal timeframes for each vessel

vii. Dredged material volumes placed within the ODMDS

viii. Number of loads to the ODMDS

ix. Type of material disposed at the ODMDS

x. Dates of initial, monthly, and final bathymetric surveys of the ODMDS

xi. Identification by load number of any misplaced material

xii. Narrative discussing any violation(s)

xiii. Bathymetric maps with contours showing initial, monthly, and final surveys

xiv. Isopach map comparing initial and final surveys (refer to paragraph 3.6.3)

b. The report shall be in the form of a narrative with the following sections:

i. Introduction

ii. Description of dredging and disposal operations

iii. Plots of initial and final bathymetry including synopsis of findings, and a summary.

iv. The summary shall include a table with the following columns: ID (row identifier), ODMDS, date of disposal, gross cubic yards placed, and discharge locations (Latitude (North) and Longitude (West)). An example of a Post Disposal Summary Report along with guidance is provided in ATTACHMENT 2 - EPA REGION 6 POST DISPOSAL SUMMARY REPORT TEMPLATE of this specification.

c. The report shall also include a description of any violation(s) indicating the time they occurred, the circumstances surrounding the violation, and specific measures taken to prevent reoccurrence.

d. The Post Disposal Summary Report shall be accompanied by the initial and final bathymetric surveys, linework designating the actual disposal footprint, isopach map, and a summary table of the trip information requirements as specified in section 35 20 23.23, "National Dredging Quality Management Program Hopper Dredge."

3.6.3 ODMDS Monitor Surveys

(1) General - To evaluate the impact of the placement of dredged

SECTION 35 20 23.12 45 Page 14 material on the marine environment, perform before dredging, after dredging, and monthly hydrographic surveys of each ODMDS.

Multi-beam (acoustic sweep) surveys shall be performed in the ODMDS before and after dredging as described below. Survey limits shall extend 1,000 feet beyond the limits of the Federally Authorized Boundary of the ODMDS as shown on the drawings. Survey transects shall be cut from the multi-beam data perpendicular to the channel taken on 1,000-foot intervals and extending 1,000-feet beyond the Federally Authorized Boundary of the ODMDS. Isopach plots shall be provided with monthly pay requests showing the change in elevation between the before and after placement surveys. In addition, profiles shall be obtained along the Federally Authorized Boundary of the ODMDS. ODMDS monitor surveys shall be submitted as ASCII text files providing point data in PNEZD (Point ID, Northing, Easting, Elevation, and description) for all bathymetric soundings promptly upon completion for approval by Owner. Multi-beam data shall be post-processed to develop a 5x5 ft grid. All surveys shall reference the project datums shown on the Drawings.

(2) Survey Equipment and QA/QC - Equipment applied for multi-beam surveys shall comply with the guidelines stated in EM 1110-2-1003 .

Contractor shall perform patch tests and quality assurance tests as described in Chapter 6 of EM 1110-2-1003 . Documentation of tests shall be submitted to Owner with overall survey results.

(3) Prior to commencing disposal activities within each ODMDS, Contractor shall perform a multi-beam bathymetric survey over the entirety of the designated ODMDS as described in Paragraph

3.6.3.1. The survey shall be conducted within a 3-day period.

(4) Final Survey - Within 10 days following completion of disposal activities within each ODMDS, Contractor shall perform a final multi-beam bathymetric survey over the entirety of the ODMDS as described in Paragraph 3.6.3.1. This survey shall be conducted within a 3-day period.

3.7 ENDANGERED SPECIES PROTECTION PLAN

Submit the Endangered Species Protection Plan (ESPP) proposed to implement the requirements of the Paragraph: 3.1.1 ENDANGERED SPECIES PROTECTION of section 35 20 23.14 45, "Protection of Sea Turtles."

3.7.1 Content of Endangered Species Protection Plan

Include, as a minimum, the following to cover the operations, both on-site and off-site:

(1) Name(s), qualifications in resume format, and training documentation of each person assigned an Endangered Species Monitor position.

(2) Name(s) and qualifications of the consultant that will be conducting training along with training documentation.

(3) Procedure of the duties, responsibilities, authorities, and proposed monitoring schedule of each person assigned an Endangered Species Monitor position.

SECTION 35 20 23.12 45 Page 15

(4) Environmental reporting procedures, including proposed reporting formats and the frequency of the reports.

3.8 PRESERVATION OF PUBLIC AND PRIVATE PROPERTY

3.8.1 Damages

Fences, roads, ditches, private or public grounds, and other structures or improvements damaged as a result of the Contractor's operations herein specified shall be repaired or rebuilt by and at the Contractor's expense. The areas used by the Contractor shall be restored to the same or as good a condition as existed prior to commencement of the work.

3.8.2 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 shall 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.

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

CONTRACT

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

3.9.1 Data Submittal

The award of the modification will be subject to approval of the proposed Contractor-furnished ODMDS(s) and unless the foregoing required data are furnished with the Contractor's request, the modification for the use of the proposed substitute ODMDS(s) will not be considered.

3.10 UNAUTHORIZED PLACEMENT OF MATERIAL

Excavated material that is deposited in other than 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 the its expense.

3.10.1 Debris Disposal

During the progress of the work, the Contractor shall not deposit worn out discharge pipe, wire rope, scrap metal, timbers, or other rubbish or

SECTION 35 20 23.12 45 Page 16 obstructive material in the ODMDS, 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, shall be disposed by the Contractor at approved locations.

3.11 PORT ARTHUR VESSEL TRAFFIC SERVICE AREA

Comply with the following requirements while operating within the area.

3.11.1 General

When a dredge or floating plant is to be operated within the Port Arthur VTS Area, the master is to furnish the Vessel Traffic Center the following report at least 30 minutes prior to beginning operations:

(1) Location of intended operation.

(2) Description of intended operation including Channel obstructions.

(3) Configuration of pipelines and equipment in or along the Channel.

(4) Termination point of pipelines in or along the Channel.

(5) Time required to re-open Channel or move for vessel traffic.

(6) Operating impairments, including VHF-FM radios.

(7) Names of the assist boats being used.

(8) Traffic considerations required, for example: slow bell, no meeting or overtaking, and advance notice requirements.

(9) Point of Contact phones numbers and working frequencies.

3.11.2 Report Changes

The master of a dredge or floating plant is to immediately notify the VTS of changes to the above report and at the completion of operations.

3.11.3 Port Arthur Vessel Traffic Service Location

The Port Arthur VTS Area consists of the navigable Channels between the Sabine Extension Channel Buoy and the I-10 Bridge in Beaumont, the Sabine River to Orange, Texas, and the Gulf Intracoastal Waterway westward to Mile 319 and Eastward to Mile 260.

3.11.4 Communications

Communications with the Vessel Traffic Center, call sign "PORT ARTHUR TRAFFIC," is to be accomplished via VHF-FM Channel 01A OR 65A. The Traffic Center guards both Channel 01A, 65A, 12 and 13 on a 24 hour basis.

3.11.5 Operations

The master of a dredge or floating plant is to be aware of and comply with the provisions of the Order Relating to Lightering and Bunkering Operations

SECTION 35 20 23.12 45 Page 17 and Multiple Vessel Moorings and will notify the Port Arthur VTS when refueling operations are to be conducted.

3.12 DREDGING AND DREDGE RELATED MARINE WORK

Prepare an Accident Prevention Plan (APP) as required by the provisions of EM 385-1-1 and as specified in the SECTION 01 35 26.01 45 GOVERNMENTAL

SAFETY REQUIREMENTS.

3.13 AUTOMATIC IDENTIFICATION SYSTEM

A Class "A" Automatic Identification system (AIS) in accordance with the Code of Federal Regulations (CFR) title 33, CFR 164.46, as amended, is required for dredges used on this Contract.

3.14 DREDGE PLANT INSTRUMENTATION

The Dredge Plant Instrumentation is a part of the dredge plant and shall be functional at all times. If failure of any part thereof occurs, the Contractor shall repair the failed part within the next 36 hours restoring full operations. If the system is not fully functional within this period, the particular plant affected will be considered non-responsive to this Contract requirement and shall either be replaced or a redundancy part added to render the plant fully operational to include the monitored data at no additional increase in price or time to this Contract.

-- End of Section --

SECTION 35 20 23.12 45 Page 18