Amendment_0002_-_GROUP4-10-R-W010.pdf

SECTION 00010

LINE ITEMS AND PRICING SCHEDULE

MAINTENANCE DREDGING

MOREHEAD CITY HARBOR, RANGE A AND

B CARTERET COUNTY, NORTH CAROLINA

BID SCHEDULE

As of 04 March 2016 – Amendment 02

Line Item

Description Qty Unit Unit Price Total

0001 Mobilization and Demobilization

1 Job $ $

0002 Dredging, Range A 490,000 Cubic Yards $ $

0003 Dredging, Range B 175,000 Cubic Yards $ $

0004 Performance and 1 Job $ $ Payment Bonds

**AMENDMENT 02**

OPTION 1

0005 Non-Capture Trawl Sweeping (24 12 Hour Day)

(A 24 hour per day dredging operation will require two 12-hour trawling days every 24 hours.)

0005AA Mobilization and 1 Job $ $ Demobilization

0005AB Non-Capture Trawl 30 Days (NTE) $ $ Sweeping (24 Hour Day)

0005AC Performance and 1 Job $ $ Payment Bonds

TOTAL AMOUNT OF LINE ITEMS 0001-0004 $

TOTAL AMOUNT OF LINE ITEMS 0005AA-0005AC $

TOTAL AMOUNT OF LINE ITEMS 0001-0005AC $

NOTE 1: OFFERORS MUST PROVIDE PRICING FOR ALL ITEMS APPLICABLE TO THEIR

PROPOSAL.

NOTE 2: ALL QUANTITIES ARE ESTIMATED.

NOTE 3: EXCEPT WHEN IT IS DETERMINED IN ACCORDANCE WITH FAR 17.206(B) NOT TO

BE IN THE GOVERNMENT’S BEST INTERESTS, THE GOVERNMENT WILL EVALUATE BIDS

FOR AWARD PURPOSES, BY ADDING THE TOTAL PRICE FOR ALL OPTIONS TO THE TOTAL

PRICE FOR THE BASIC REQUIREMENT. THE EVALUATION OF OPTIONS WILL NOT

OBLIGATE THE GOVERNMENT TO EXERCISE THE OPTION.

NOTE 4: THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL BID ITEM 1

BY PROVIDING WRITTEN NOTICE TO THE CONTRACTOR. WITHIN 72 HOURS AFTER

RECEIVING WRITTEN DIRECTIONS FROM THE CONTRACTING OFFICER, THE

CONTRACTOR SHALL BEGIN TRAWL SWEEPING.

NOTE 5: A 24 HOUR PER DAY DREDGING OPERATION WILL REQUIRE TWO ONE 12-HOUR

TWENTY-FOUR HOUR TRAWLING DAYS EVERY 24 HOURS.

NOTE 6: FAILURE TO PROVIDE A BID GUARANTEE COULD RENDER YOUR PROPOSAL

NONRESPONSIVE.

NOTE 7: SEE SECTION 00100, “INSTRUCTIONS, CONDITIONS AND NOTICE TO BIDDERS.”

NOTE 8: PERFORMANCE OF ALL WORK UNDER THIS CONTRACT (INCLUDING THE

OPTIONAL BID ITEM) SHALL BE COMPLETED IN ACCORDANCE WITH THE FOLLOWING

ENVIRONMENTAL WINDOWS, BASED ON THE EQUIPMENT PROPOSED BY THE

CONTRACTOR.

IF A HOPPER DREDGE IS UTILIZED: MAY 1, 2016

**AMENDMENT 01**

IF A MECHANICAL DREDGE (CLAMSHELL, DRAGLINE, OR DIPPER) OR HYDRAULIC

CUTTER SUCTION DREDGE IS UTILIZED: 120 180 DAYS AFTER ISSUANCE OF NTP

SECTION 00010A, ATTACHMENT “A”

INSTRUCTIONS FOR TECHNICAL INQUIRES AND QUESTIONS

CLAUSES INCORPORATED BY FULL TEXT

52.214-4006 SOLICITATION/TECHNICAL INQUIRIES VIA PROJNET (LOCAL INSTRUCTION

CECT-SAW JUNE 2010)

1. SOLICITATION/TECHNICAL INQUIRIES.

A. INQUIRIES ARE TO BE SUBMITTED VIA BIDDER INQUIRY AT THE PROJNET

WEBSITE AT HTTPS://WWW.PROJNET.ORG.

B. IF YOU HAVE TECHNICAL PROBLEMS ACCESSING THE BIDDER INQUIRY VIA

THE PROJNET WEBSITE, CONTACT THE PROJNET HELP DESK AT 1-800-428-4357

(HELP). THIS NUMBER IS FOR TECHNICAL ISSUES ACCESSING THE WEBSITE ONLY.

2. READ THIS PARAGRAPH IN CONJUNCTION WITH CONTRACT PROVISION FAR 52.214-6,

“EXPLANATION TO PROSPECTIVE BIDDERS”.

3. ANY PROSPECTIVE BIDDER/OFFEROR DESIRING AN EXPLANATION OR

INTERPRETATION OF THE SOLICITATION, DRAWINGS SPECIFICATIONS, ETC., MUST

REQUEST IT IN WRITING VIA BIDDER INQUIRY IN PROJNET WITHIN NO LESS THAN

SEVEN (7) CALENDAR

DAYS PRIOR TO THE DATE OF BID OPENING OR RECEIPT OF PROPOSALS. THE

GOVERNMENT RESERVES THE RIGHT TO DECLINE ADDRESSING QUESTIONS RECEIVED

LESS THAN SEVEN (7) CALENDAR DAYS PRIOR TO RECEIPT OF BID OPENING OR RECEIPT

OF

PROPOSALS.

4. NO INQUIRIES WILL BE ACCEPTED BY THE BIDDER INQUIRY SYSTEM WITHIN SEVEN

(7) CALENDAR DAYS PRIOR TO THE DATE OF BID OPENING. HOWEVER, YOU MAY STILL

ACCESS THE BIDDER INQUIRY SYSTEM TO VIEW ANSWERS/REPLIES TO PREVIOUS

INQUIRIES

UNTIL THE BID OPENING.

5.PROJNET - BIDDER INQUIRY MODULE.

A. TO SUBMIT AND REVIEW BID INQUIRY ITEMS, BIDDERS/OFFERORS WILL NEED

TO BE A CURRENT REGISTERED USER OR SELF-REGISTER INTO SYSTEM. TO

ACCESS BIDDER INQUIRY, GO TO THE PROJNET WEB PAGE AT

HTTPS://WWW.PROJNET.ORG AND CLICK THE “QUICK ADD” LINK. ONCE AT THE

QUICK ADD SCREEN, SELECT AGENCY USACE, ENTER BIDDER INQUIRY KEY FOR

THIS SOLICITATION LISTED BELOW, AND BIDDER’S/OFFEROR’S E-MAIL ADDRESS,

THEN CLICK LOGIN. IF THIS IS BIDDER’S/OFFEROR’S FIRST TIME LOGGING IN

THEY WILL BE TAKEN TO THE BIDDER INQUIRY CREATE ACCOUNT SCREEN TO

SELF-REGISTER. FILL IN ALL REQUIRED INFORMATION AND CLICK CREATE USER.

VERIFY THAT INFORMATION ON NEXT SCREEN IS CORRECT AND CLICK

CONTINUE. PLEASE REMEMBER YOUR SECRET QUESTION ANSWER AND EMAIL

ADDRESS USED FOR FUTURE ACCESS TO THIS WEBSITE.B.

https://www.projnet.org/ https://www.projnet.org/

B. FROM THIS PAGE YOU MAY VIEW ALL BIDDER/OFFEROR INQUIRIES UNDER

REPORTS OR POST A NEW INQUIRY UNDER SUBMIT.

C. BIDDERS/OFFERORS WILL RECEIVE AN ACKNOWLEDGEMENT OF THEIR

QUESTION VIA EMAIL, FOLLOWED BY ANOTHER EMAIL NOTIFICATION THAT AN

ANSWER TO THEIR QUESTION HAS BEEN POSTED AFTER IT HAS BEEN REVIEWED

BY OUR TECHNICAL TEAM AND RESPONDED TO BY A CONTRACTING OFFICER.

D. BIDDERS/OFFERORS ARE RESPONSIBLE FOR CHECKING BID INQUIRY ITEMS.

E. BIDDERS/OFFERORS ARE REQUESTED TO REVIEW THE SPECIFICATION IN ITS

ENTIRETY, REVIEW THE BIDDER INQUIRY SYSTEM FOR ANSWERS TO QUESTIONS

PRIOR TO SUBMISSION OF A NEW INQUIRY. THE NAME OF THE SUBMITTER OR

FIRM IS NOT PUBLISHED FOR THE PUBLIC ON THE REPORT OF ALL BIDDER

INQUIRIES. BIDDERS/ OFFERORS ARE ON NOTICE OF, AND ASSUMED TO BE

AWARE OF, ALL INQUIRIES, RESPONSES, AND INFORMATION POSTED IN THE

BIDDER INQUIRY SYSTEM UP TO THE DATE OF BID SUBMISSION, WHETHER THE

INQUIRY WAS GENERATED BY THE BIDDER THEMSELVES OR ANOTHER

POTENTIAL BIDDER/ OFFEROR. BIDDERS ARE RESPONSIBLE FOR INCORPORATING

ALL SUCH INFORMATION INTO THEIR BID, OR FOR REQUESTING FURTHER

CLARIFICATION."

6. SOLICITATION INFORMATION:

RFP NO: GROUP4-10-R-W010

BIDDER INQUIRY KEY: 3949UI-TFMT5X

(END)

GROUP4-10-R-W010 SF 1442-A1

ADDENDUM TO THE STANDARD FORM 1442

Maintenance Dredging, Morehead City Harbor Range A and Range B

Carteret County, North Carolina

SPECIAL NOTIFICATION: THIS OPPORTUNITY IS AVAILABLE ONLY TO THE FOLLOWING

CONTRACTORS AWARDED A CONTRACT UNDER SOLICITATION NUMBER W912EP-10-R-

0026:

• Orion Marine Construction (W912EP-13-D-0003);

• Cavache, Inc. (W912EP-13-D-0004);

• Cashman Dredging & Marine Contracting (W912EP-13-D-0005);

• Cottrell Contracting Corporation (W912EP-13-D-0006);

• Great Lakes Dredge & Dock Company, LLC (W912EP-13-D-0007);

• Dutra Dredging Company (W912EP-13-D-0008);

• Marinex Construction, Inc. (W912EP-13-D-0009);

• Norfolk Dredging Company (W912EP-13-D-0010);

• Mike Hooks, Inc. (W912EP-13-D-0011);

• Weeks Marine, Inc. (W912EP-13-D-0012);

• Southern Dredging Co., Inc. (W912EP-13-D-0013);

• Manson Construction Company (W912EP-13-D-0014);

• C. F. Bean LLC (W912EP-13-D-0015)

PROPOSALS WILL NOT BE CONSIDERED FROM ANY ENTITY OTHER THAN THE

PREVIOUSLY LISTED FIRMS INCLUDED IN THE GROUP 4 DREDGING MATOC POOL.

TECHNICAL EVALUATION: The award of the task order will be made on the basis of Lowest Price, Technically Acceptable (LPTA); the technical evaluation factors are:

(1) Availability of technically acceptable plant and equipment. Dredging shall be performed by an ocean certified hopper dredge, mechanical dredge (clamshell, dragline or dipper), or hydraulic cutter suction dredge.

(2) Past performance, to include the MATOC (The government reserves the right to obtain copies of all Construction Contract Administration Support System (CCASS) records contained in the US Army Corps of Engineers CCASS database for the Prime Contractor (Offeror) and all Major Sub-Contractors).

SUBMISSION REQUIREMENTS: Contractors are required to submit the following:

(1) A letter on company letterhead identifying the piece of equipment the contractor proposes to do the work and the location of this piece of equipment. The identified piece of equipment must have been found technically acceptable by the Contracting Officer prior to the proposal due date.

(1) Completed Bid Schedule (see Section 00010A)

(2) Bid Guarantee per Section 00700, Clause 52.228-1 and Section 00100A, Paragraph

2.4(c) of the MATOC

(3) Completed “Addendum to the Standard Form 1442”

GROUP4-10-R-W010 SF 1442-A2

THE FOLLOWING INFORMATION IS APPLICABLE ONLY TO THIS TASK ORDER:

Block 9 -- For additional information contact: Charlenne Figgins Contracting Officer 910-251-4473 Charlenne.L.Figgins@usace.army.mil

Block 10 -- Magnitude of Construction is between $5,000,000 and $10,000,000

**AMENDMENT 01**

Block 11 -- The Contractor shall begin performance within 10 calendar days and complete it no later than 01 May 2016 if using a Hopper Dredge or 120 180 days after issuance of NTP if using mechanical dredge (clamshell, dragline or dipper), or hydraulic cutter suction dredge. This performance period is mandatory.

NOTE: If there are optional line items, refer to FAR 52.211-10 for breakdown of period of performance.

Block 12 -- The contractor must furnish any required performance and payment bonds within 7 calendar days after award of the task order.

**AMENDMENT 02**

Block 13 -- Sealed offers to perform the work required shall be delivered to the following address not later than 2:00pm EST EDT, 15 March 2016.

U.S. Army Corps of Engineers Attn: Charlenne Figgins/Contracting 69 Darlington Avenue Wilmington, NC 28403

NOTICE TO OFFERORS: Offerors are to complete Blocks 14, 15, 19, and 20 below:

Block 14 -- Name and Address of Offeror (including Zip Code):

DUN

DUNS:

CAGE:

mailto:Charlenne.L.Figgins@usace.army.mil

GROUP4-10-R-W010 SF 1442-A3

Block 15 -- Telephone No. (include area code):

Block 19 -- Acknowledgement of Amendments

Amendment Number 01, Issued 29 February 2016

Signature: _

Amendment Number 02, Issued 04 March 2016

Signature: _

Block 20 -- Name and Title of Person Authorized to Sign Offer (type or print):

Type/Print

Signature:

e-Mail:

Offer Date:

Block 26 -- This Task Order will be administered by:

U.S. Army Corps of Engineers Construction Management Office 69 Darlington Avenue Wilmington, NC 28403

Block 27 -- Payment will be made by:

USACE Finance Center 5722 Integrity Drive

ATTN: CEFC-AO-P

Millington, TN 38054-5005

GROUP4-10-R-W010 Addendum

THE FOLLOWING PAGES CONTAIN ADDENDUMS TO SPECIFIC SECTIONS OF THE

ORIGINAL SOLICITATION NUMBER: W912EP-10-R-0026

THESE ADDENDUMS ARE ONLY APPLICABLE TO THIS

SPECIFIC TASK ORDER

REQUEST FOR PROPOSAL NUMBER: GROUP4-10-R-W010

PROJECT TITLE:

Maintenance Dredging, Morehead City Harbor Range A and Range B

NOTICE TO OFFERORS: The information on the following pages is provided for the various clauses and/or paragraphs which require information to be filled in (when applicable) on each Request for Proposal for Task Orders issued under the awarded contracts. All applicable clauses, terms and conditions contained in the original solicitation and subsequently awarded contracts become part of each Task Order.

ADDENDUM TO SECTION 00100, INSTRUCTIONS TO OFFERORS

THE REQUIRED FILL-INS FOR FOLLOWING CLAUSES OF SECTION 00100 ARE HEREBY PROVIDED:

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade Goals for female participation for each trade

31.7%

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is NC Beaufort; NC Carteret; NC Craven; NC Dare; NC Edgecombe; NC Greene; NC Halifax;

NC Hyde; NC Lenoir; NC Martin; NC Nash; NC Northampton; NC Pamlico; NC Pitt; NC Tyrrell; NC Washington; NC Wayne; NC Wilson.

(End of provision)

00100-A1

ADDENDUM TO SECTION 00700, CONTRACT CLAUSES

THE REQUIRED FILL-INS FOR FOLLOWING CLAUSES OF SECTION 00700 ARE HEREBY PROVIDED:

**Amendment 01**

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

- ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 01 May 2016 if using a Hopper Dredge or 120 180 days after issuance of NTP if using mechanical dredge (clamshell, dragline or dipper), or hydraulic cutter suction dredge. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed within 10 days after contract award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

00700-A1

00700-A2

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,177.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATE PRICED LINE ITEM (MAR

1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 3 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

00800-A1

ADDENDUM TO SECTION 00800, SPECIAL REQUIREMENTS

THE REQUIRED FILL-INS FOR FOLLOWING CLAUSES OF SECTION 00800 ARE HEREBY PROVIDED:

52.236-4 PHYSICAL DATA (Apr 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by hydrographic surveys by the Corps of Engineers.

(b) Weather conditions. Weather conditions are reported by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Environmental Data Service, Asheville, North Carolina and information about weather conditions is available through the following internet site: Http://www.nws.noaa.gov

(c) Transportation facilities. The work area is located near Morehead City, North Carolina, which is served by first class and secondary roads, rail, and deep-water facilities. U.S. Highway 70 and NC Highway 24 serve the general area where the work will be performed.

(d) Location. The project work areas are located within Carteret County in eastern North Carolina.

(e) Local Tidal Conditions. Information about local tidal conditions is available through the following internet site:

Http://www.tidesandcurrents.noaa.gov/tide_predictions.shtml

(f) ) Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except of such regulations, if any, as may be prescribed by the Secretary of the Army in accordance with provision of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor will be required to conduct the work in such a manner as to obstruct navigation as little as possible. If navigation is obstructed due to the Contractor’s work activities the Contractor shall immediately notify the Coast Guard so that a notice to mariners can be issued if needed. Upon completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles and other markers placed by him under the contract in navigable waters or on the shore.

(g) Channel Traffic. Temporary cessation of operations may be necessary for the passage of large sea-going vessels and tugs with barges in tow.

(h) Subsurface Investigations. No subsurface investigations have been made for this maintenance dredging work. Historic subsurface investigation data, from previous dredging contracts, are available from the Wilmington District office upon request.

(i) Condition of Channel. Controlling low water depths, at the time of the most recent survey, are shown on the drawings.

(End of Clause) http://www.nws.noaa.gov/ http://www.tidesandcurrents.noaa.gov/tide_predictions.shtml

REQUIRED INSURANCE

In accordance with the Insurance - Work on a Government Installation clause of this contract, the following schedule applies:

(a) Workmen's Compensation and Employer's Liability.

(1) Compliance with applicable workmen's compensation and occupational diseases statutes is required. (If occupational diseases are not compensable under applicable statutes, coverage may be under employer's liability insurance.)

(2) Employer's liability $100,000.00

(b) General Liability (comprehensive form policy).

(1) Bodily injury per occurrence $500,000.00

(2) Property damage per occurrence $500,000.00

(c) Automobile Liability (comprehensive form policy).

(1) Bodily injury per person $200,000.00

(2) Bodily injury per accident $500,000.00

(3) Property damage per accident $20,000.00

(4) Vessel Liability: When contract performance involves use of vessels, the

Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(End of paragraph number 999.228-4000)

00800-A2

ADDENDUM TO SECTION 00800A, WAGES DETERMINATIONS AND OTHER

ATTACHMENTS

THE FOLLOWING WAGES RATES ARE HEREBY INCORPORATED INTO THIS TASK

ORDER:

LIST OF CONSTRUCTION CONTRACT ATTACHMENTS

No. TITLE DATE NO. OF

PAGES

1 General Decision No. NC 160017 01/08/2016 3 2 General Decision No. NC 160019 01/08/2016 4

NOTE: THE APPLICABLE WAGE DETERMINATION IS PROVIDED IN DIVISION 01, SECTION

01 10 00.10 38

00800-A3

GROUP4-10-R-W010

Amendment 0002

Technical Summary of Changes

01 57 20.00 10 – ENVIRONMENTAL PROTECTION

Delete existing SECTION Pages 1 thru 26 in their entirety and replace with revised enclosed like numbered Pages

NOTE:

Text that is added or revised by this amendment is identified with ***Amendment 0002(beginning and ending of revision/addition) and/or printed in bold.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

-- End of Summary of Changes- -

Encls As Stated

Maint Drdg, Morehead City Hrbr, Range A and Range B GROUP4-10-R-W010

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 REFERENCES

1.3 DEFINITIONS

1.3.1 Environmental Pollution and Damage

1.3.2 Environmental Protection

1.3.3 Contractor Generated Hazardous Waste

1.3.4 Waters of the United States

1.4 GENERAL REQUIREMENTS

1.5 SUBCONTRACTORS

1.6 PAYMENT

1.7 SUBMITTALS

1.8 ENVIRONMENTAL PROTECTION PLAN

1.8.1 Compliance

1.8.2 Contents

1.8.3 Appendix

1.9 PROTECTION FEATURES

1.10 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.12 NOTIFICATION

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.1.1 North Carolina Division of Coastal Management (NCDCM)

3.1.2 North Carolina Division of Water Resources

3.1.3 National Marine Fisheries Service (NMFS)

3.1.4 Hopper Dredge Equipment

3.1.4.1 Equipment Criteria

3.1.4.2 Endangered Species Observers (ESOs)

3.1.4.3 Hopper Dredging and Turtle Trawling

3.1.4.4 Lethal Sea Turtle Incidental Take Shut Down Procedure

3.1.5 Dredging Quality Management

3.1.6 US Environmental Protection Agency (USEPA)

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

3.3.1 Water Quality

3.3.2 Wetlands

3.4 AIR RESOURCES

SECTION 01 57 20.00 10 Page 1 (Revised by Amendment 0002)

3.4.1 Particulates

3.4.2 Odors

3.4.3 Noise

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 Solid Wastes

3.5.2 Chemicals and Chemical Wastes

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.5.4 Fuel and Lubricants

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT

3.8 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.9 BIOLOGICAL RESOURCES

3.9.1 Manatees

3.9.2 Migratory Birds

3.9.3 Avoidance of Marine Mammals

3.9.4 Environmental Windows

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.11 MILITARY MUNITIONS

3.12 TRAINING OF CONTRACTOR PERSONNEL

3.13 PREVIOUSLY USED EQUIPMENT

3.14 POST-CONSTRUCTION CLEANUP

3.15 LIST OF ATTACHMENTS

ATTACHMENTS:

Attachment 1 - NCDCM Consistency Concurrences dated May 21, 2009 and NCDCM extension letter dated February 26, 2015 and NC Coastal Management dated February 8, 2016

Attachment 2 - NCDWR letter dated March 14, 2012 and GC #3703

Attachment 3 - SAD Protocol and NMFS Biological Opinion dated September 25, 1997

Attachment 4 - Observation Sheets

Attachment 5 - Protocol for Collecting Tissue Samples from Turtles for Genetic Analysis

Attachment 6 - USEPA approval for use of ODMDS dated August 6, 2015

-- End of Section Table of Contents --

SECTION 01 57 20.00 10 Page 2

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

The proposed project involves the maintenance dredging of Morehead City Harbor's Range A and Range B.

Dredging depth is 43' plus 2' of allowable overdepth. Disposal of dredged material shall be in the Morehead City Ocean Dredged Material Disposal Site

(ODMDS).

1.2 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 328 Definitions of Waters of the United States

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.3 DEFINITIONS

1.3.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment

SECTION 01 57 20.00 10 Page 3 aesthetically, culturally and/or historically.

1.3.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.3.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners,excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.3.4 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.4 GENERAL REQUIREMENTS

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable environmental Federal, State, and local laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

1.5 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.6 PAYMENT

No separate payment will be made for work covered under this section. The Contractor shall be responsible for payment of fees associated with environmental permits, applications, and/or notices obtained by the Contractor. All costs associated with this section shall be included in the contract price. The Contractor shall be responsible for payment of all fines/fees for violation or non-compliance with Federal, State, and local laws and regulations.

1.7 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

SECTION 01 57 20.00 10 Page 4 accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, A

1.8 ENVIRONMENTAL PROTECTION PLAN

Five (5) days prior to the preconstruction conference, the Contractor shall submit an Environmental Protection Plan (EPP) for review and approval by the Contracting Officer or his/her designated representative. The purpose of the EPP is to present a comprehensive overview of known or potential environmental issues which the Contractor shall address during construction. Issues of concern shall be defined within the EPP as outlined in this section. The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required construction task(s). If a listed topic does not apply to the specific project, the Contractor shall include the title of the listed topic and address it as Not Applicable (or N/A) in the EPP. Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. Prior to submittal of the EPP, the Contractor shall meet with the Contracting Officer or his/her designated representative for the purpose of discussing the implementation of the initial EPP; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The EPP shall be current and maintained onsite by the Contractor.

1.8.1 Compliance

No requirement in this Section shall be construed as relieving the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During construction, the Contractor shall be responsible for identifying, implementing, and submitting for review and approval any additional requirements to be included in the EPP.

1.8.2 Contents

The EPP shall include, but shall not be limited to, the following. If a particular listed item is not applicable to the specific project, it should nevertheless be included in the EPP, followed by an "N/A" designation and a brief explanation as to why the item is not applicable:

a. Name(s) of person(s) within the Contractor's organization who is(are) responsible for ensuring adherence to the EPP.

b. If applicable, name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site.

Qualifications should substantiate the ability of those responsible for manifesting hazardous waste and must meet all DOT and/or OSHA requirements.

c. Name(s) and qualifications of person(s) responsible for training the Contractor's crew in project-specific environmental protection. The qualifications should identify education and/or experience that qualifies the person(s) ability to train the Contractor's employees in environmental protection.

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d. Description of the Contractor's environmental protection training program. This description shall identify the topics addressed in the training session(s) and when the session(s) is/are conducted. Training should be project- and location-specific, identifying environmental protection issues and methods expected to be encountered and used on this project.

e. The Spill Control Plan supplements the requirements of USACE EM 385-1-1. The Spill Control plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. In addition to the requirements set forth in USACE EM 385-1-1, this plan shall include as a minimum:

1. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer or his/her designated representative and the local Fire Department in addition to the legally required Federal, State, and local reporting channels (including the National Response Center at telephone 1-800-424-8802 and NC Division of Water Resources at (910) 796-7215 (after hours and weekends:

1-800-858-0368) if a reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers.

2. The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup. Qualifications should substantiate the ability of those responsible for implementing and supervising the containment and cleanup. If hazardous material cleanup is necessary, individuals must have the appropriate DOT and/or OSHA training.

3. Training requirements for Contractor's personnel and methods of accomplishing the training.

4. A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

5. The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

6. The methods and procedures to be used for expeditious contaminant cleanup. If hazardous material is involved, the USCG approved plan shall be included.

f. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste. Licenses or permits shall be submitted for solid waste disposal sites that are not a commercial operating facility. Evidence of the disposal facility's acceptance of the solid waste shall be attached to this plan during the construction. The Contractor shall attach a copy of each of the Non-hazardous Solid Waste Diversion

SECTION 01 57 20.00 10 Page 6

Reports to the disposal plan. The report shall be submitted on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted and shall be for the previous quarter (e.g. the first working day of January, April, July, and October). The report shall indicate the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted.

g. A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources. The plan shall detail the Contractor's actions to comply with and to participate in Federal, State, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

h. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

i. A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials.

In accordance with USACE EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be on site at any given time shall be included in the contaminant prevention plan. As new hazardous materials are brought on site or removed from the site, the plan shall be updated.

j. A historical, archaeological, cultural resources, biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site: and/or identifies procedures to be followed if historical, archaeological, cultural resources, biological resources and wetlands not previously known to be onsite or in the area are discovered during construction.

The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer or his/her designated representative.

k. If the Contractor proposes to use a hopper dredge for this work, detail drawings shall be submitted showing the proposed device and its attachment to the Contractor's equipment. Contractor's drawings to be submitted shall include the approach angle for any and all depths to be dredged during this contract. A copy of the approved drawings and calculations shall be available on the vessel during the life of this contract. No dredging work shall be allowed to commence until approval of the installed turtle deflector device.

l. Acknowledgement that the Contractor has read, is familiar with, and will comply with all conditions of the permits and authorizations identified in paragraph ENVIRONMENTAL PERMITS AND COMMITMENTS, including the SAD hopper dredging protocol and the National Dredging Quality Management Program (DQM) requirements stated below.

1.8.3 Appendix

Copies of all environmental permits, approvals to construct, notifications, SECTION 01 57 20.00 10 Page 7 certifications, reports, and termination documents shall be attached, as an appendix, to the EPP, otherwise referenced.

1.9 PROTECTION FEATURES

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, the Contractor will prepare a brief report including a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. This survey report will be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor must protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference which their preservation may cause to the work under the contract.

1.10 SPECIAL ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with the special environmental requirements listed in paragraph "ENVIRONMENTAL PERMITS AND COMMITMENTS".

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations, requested by the Contractor, from the drawings, plans and specifications which may have an environmental impact will be subject to approval by the Contracting Officer or his/her designated representative and may require an extended review, processing, and approval time. The Contracting Officer or his/her designated representative reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer or his/her designated representative determines that the proposed alternate method will have an adverse environmental impact.

1.12 NOTIFICATION

The Contracting Officer or his/her designated representative will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's EPP. The Contractor shall, after receipt of such notice, inform the Contracting Officer or his/her designated representative of the proposed corrective action and take such action when approved by the Contracting Officer or his/her designated representative. The Contracting Officer or his/her designated representative may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or equitable adjustments allowed to the Contractor for any such suspensions. This is in addition to any other actions the Contracting Officer or his/her designated representative may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

NOT USED

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PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

This paragraph supplements the Contractor's responsibility under the contract clause "PERMITS AND RESPONSIBILITIES" to the extent that the Government has obtained ENVIRONMENTAL CLEARANCES AND APPROVALS (Permits), for dredging of the authorized channel and for placement of dredged material in the designated beach disposal areas. Deviations from these clearances are not permitted. No placement of materials in waters or wetlands of the United States are permitted outside the identified disposal limits designated as part of this contract. The Contractor shall be responsible for complying with all environmental permits and commitments required by Federal, State, and local environmental laws and regulations.

3.1.1 North Carolina Division of Coastal Management (NCDCM)

By letter dated May 21, 2009 NCDCM concurred with the Corps' determination that the proposed dredging work as described in this contract was consistent with the North Carolina Coastal Management Program, provided certain conditions were complied with. Compliance with the consistency concurrence's conditions are addressed by requirements in these project plans and specifications. By letter dated February 26, 2015, this concurrence was extended thru May 21, 2018.

The conditioned consistency concurrences and the extension letter are included as Attachment 1.

3.1.2 North Carolina Division of Water Resources

No General Water Quality Certification (GC) is required for the dredging as there is no regulated discharge, pursuant to the Clean Water Act, resulting from the routine dredging to be conducted during the course of this project. The proposed discharge of dredged material in the ODMDS is authorized by GC #3703. By letter dated March 14, 2012, NCDWR (at that time, the agency was known as NC Division of Water Quality) provided written approval for the Corps' use of this GC. The letter and GC #3703 are included as Attachment 2.

3.1.3 National Marine Fisheries Service (NMFS)

In accordance with Section 7 of the Endangered Species Act (ESA), by letter dated September 25, 1997, NMFS provided a Biological Opinion (BO) for the continued hopper dredging of the channels and borrow areas in the southeastern United States. The Corps' South Atlantic Division devised protocol for the use of hopper dredges as a means of minimizing the threat of sea turtle takes. The BO and protocol are included as Attachment 3.

There is a hopper dredging environmental window for the protection of sea turtles which allows work to occur between January 1 and March 31 in the Morehead City Harbor project area. However, for this project, the hopper dredging environmental window is extended to May 1.

3.1.4 Hopper Dredge Equipment

Hopper dredge dragheads shall be equipped with sea turtle deflectors which are rigidly attached. Deflectors shall be solid with no openings in the face. Such designs will be considered provided sufficient information is

SECTION 01 57 20.00 10 Page 9 included indicating a particular modification is effective in minimizing potential turtle takes. USACE technical staff will coordinate with NOAA Fisheries on the effectiveness of this alternate design. A recommendation from USACE technical staff and NOAA Fisheries will be provided to the Contracting Officer or his/her designated representative for final approval or disapproval of the alternate design. The Contractor should not presume that a decision on an alternative design will be provided during the contracting period. The Contractor's unit price shall be based on the original, solid faced deflector design. No adjustment in unit price will be made for the approval or denial of an alternate deflector design. No dredging shall be performed by a hopper dredge without an installed turtle deflector device approved by the Contracting Officer or his/her designated representative.

3.1.4.1 Equipment Criteria

A. Deflector Design:

(1) The leading vee-shaped portion of the deflector shall have an included angle of less than 90 degrees. Internal reinforcement shall be installed in the deflector to prevent structural failure of the device. The leading edge of the deflector shall be designed to have a plowing effect of at least 6" depth when the drag head is being operated. Appropriate instrumentation or indicator shall be used and kept in proper calibration to insure the critical "approach angle."

(Information Only Note: The design "approach angle" or the angle of lower drag head pipe relative to the average sediment plane is very important to the proper operation of a deflector. If the lower drag head pipe angle in actual dredging conditions varies tremendously from the design angle of approach used in the development of the deflector, the 6" plowing effect does not occur. Therefore, every effort should be made to insure this design "approach angle" is maintained with the lower drag pipe.)

(2) If adjustable depth deflectors are installed, they shall be rigidly attached to the drag head using either a hinged aft attachment point or an aft trunnion attachment point in association with an adjustable pin front attachment point or cable front attachment point with a stop set to obtain the 6" plowing effect. This arrangement allows fine-tuning the 6" plowing effect for varying depths. After the deflector is properly adjusted there shall be NO openings between the deflector and the drag head that are more than 4" by 4."

B. Inflow (Baskets) and Overflow Screening Requirements:

(1) The Contractor shall install baskets or screening over the hopper inflow(s) and overflow(s) with no greater than 4" x 4" openings. The method selected shall depend on the construction of the dredge used and shall be approved by the Contracting Officer or his/her designated representative's Representative prior to commencement of dredging. The screening shall provide 100% screening of the hopper inflow(s) and overflow(s). The screens and/or baskets shall remain in place throughout the work.

(2) The Contractor shall install and maintain floodlights suitable for illumination of the baskets or screening to allow the observer to safely monitor the hopper basket(s) during non-daylight hours or other periods of poor visibility. Safe access shall be provided to the inflow and overflow baskets or screens to allow the observer to physically inspect for

SECTION 01 57 20.00 10 Page 10 turtles and sturgeons, or parts thereof, and clean the baskets or screens for the next loading cycle. During periods of time when observers are performing inspections of inflow and overflow baskets or screening, proper lockout/tagout procedures and fall protection (according to Section 01 35 26, GOVERNMENTAL SAFETY REQUIREMENTS) shall be implemented.

C. Draghead Grating:

Draghead grating may be used to prevent over-sized objects (relative to respective pump and distribution system designs) from reaching and becoming lodged or damaging, the dredge pump and/or slurry distribution system. The Contractor may not use a draghead grating system that would prevent turtle remains from entering the hopper inflow screening. Detailed drawings showing the proposed draghead grating system(s) and draghead(s), and documentation that supports grate sizing (such as dredge pump manufacturer's recommended maximum particle size dimension(s), etc.) shall be submitted. Exceptions for smaller draghead screens will be considered as necessary (e.g., in areas containing ordnance or excessive debris likely to clog or damage the pumps) with supporting justifications. No dredging shall begin until the Contracting Officer or his/her designated representative has approved all grating and screening.

D. Hopper Dredge Operation:

(1) The Contractor shall operate the hopper dredge to minimize the possibility of taking sea turtles and to comply with the requirements stated in the Incidental Take Statement provided by the National Marine Fisheries Service in their BO.

(2) The turtle deflector device and inflow screens shall be maintained in operational condition for the entire dredging operation.

(3) When initiating dredging, suction through the dragheads shall be allowed just long enough to prime the pumps, then the dragheads must be placed firmly on the bottom. When lifting the dragheads from the bottom, suction through the dragheads shall be allowed just long enough to clear the lines, and then shall cease. Pumping water through the dragheads shall cease while maneuvering or during travel to/from the disposal area.

(Information Only Note: Optimal suction pipe densities and velocities occur when the deflector is operated properly. If the required dredging section includes compacted fine sands or stiff clays, a properly configured arrangement of teeth may enhance dredge efficiency, which reduces total dredging hours and "turtle takes." The operation of a drag head with teeth must be monitored for each dredged section to insure that excessive material is not forced into the suction line. When excess high-density material enters the suction line, suction velocities drop to extremely low levels causing conditions for plugging of the suction pipe. Dredge operators should configure and operate their equipment to eliminate all low-level suction velocities. Pipe plugging in the past was easily corrected when low suction velocities occurred by raising the drag head off the bottom until the suction velocities increased to an appropriate level.

Arrangements of teeth and/or the reconfiguration of teeth should be made during the dredging process to optimize the suction velocities.)

(4) Raising the drag head off the bottom to increase suction velocities is not acceptable. The primary adjustment for providing additional mixing water to the suction line should be through water ports.

To insure that suction velocities do not drop below appropriate levels, the

SECTION 01 57 20.00 10 Page 11

Contractor's personnel shall monitor production meters…