SOW_Chinle_Land_Transfer_082724.pdf

SCOPE OF WORK

CENTRAL NAVAJO AGENCY,

CHINLE LAND TRANSFER PROJECT PARCEL B-1-2, G-1, AND P-1

ASTM PHASE III ENVIRONMENTAL REMEDIATION

INTRODUCTION

The Bureau of Indian Affairs (BIA), Navajo Regional Office (NRO), Branch of Environmental Management (BEM), is seeking a licensed environmental contractor to conduct an American Society for Testing and Materials (ASTM) Phase III Environmental Remediation, for the Central Navajo Agency, Chinle Land Transfer Project Parcel B-1-2, G-1 and P-1. The goal is to ensure that the subject properties are relinquished back to the Navajo Nation for future economic development without environmental hazards.

These properties are located along BIA Navajo Route 7 (Main Street) in Chinle, Apache County, Arizona (Township 5N, Range 10W, Section 16, G.S.R.M.). This scope of work will focus on Parcels B-1-2, G-1 and P-1.

1) Parcel B-1-2 at 3.930± acres, located within the SE1/4SW1/4 of Section 16, Township 5N, Range 10W., Navajo Meridian

2) Parcel G-1 at 1.541± acres, located within the SE1/4SE1/4 of Section 16, Township 5N, Range 10W., Navajo Meridian

3) Parcel P-1 at 2.137± acres. located within the SE1/4SE1/4 of Section 16, Township 5N, Range

10W., Navajo Meridian

BIA BEM estimates a total of 7.608± acres is intended to be remediated and returned to the Navajo Nation. See Appendix A for map of locations.

BACKGROUND

In 2021, the Navajo Nation requested selected vacant lands in Chinle, Arizona be transferred back for economic development. Several meetings have occurred with the Navajo Nation and the BIA Navajo Region in identifying the vacant land parcels and acreage for each of the parcels.

These agreed upon properties are located along BIA Navajo Route 7 (Main Street) in Chinle, Apache County, Arizona (Townships 5N and 32N, Ranges 10W and 26E, Section 16 and 29, G.S.R.M.).

The Navajo Nation request the return of approximately 84.276± acres of land in the Chinle area consisting of six (6) parcels: A-1-1 at 50.618 acres; A-1-2 at 11.431 acres; B-1-2 at 3.930 acres; E-1 at 14.619 acres; G-1 at 1.541 acres, and P-1 at 2.137 acres). Parcels A-1-1, A-1-2 and E-1 will be remediated at a later stage due to the complexity of work involved and funding.

In October 2021, the BIA NRO BEM and Real Estate Services retained a contractor to conduct the ASTM Phase I and II Environmental Site Assessments. The assessments were conducted concurrently to expedite remediation and cleanup of the listed properties. The assessment identified numerous potential human health and environmental hazards associated with Recognized

Environmental Conditions (REC) from the past and current property use. Environmental investigation included samples and confirmed through laboratory analyses the existence of findings.

The subject parcels for this scope of work contain illicit dumping of household debris. No industrial, commercial, or chemical wastes were observed in any of the debris piles. No hazardous chemicals or visual stains from petroleum-based products were identified during the site reconnaissance. Two out-of-service water supply wells were observed within Parcels G-1 and P-1. Laboratory analysis confirmed the presence of Asbestos-Containing Building Material (ACBM) and Lead-Based Paint (LBP) in the well house structures. See attached Phase II Environmental Site Assessment Report for details of findings.

The following parcels are planned to be remediated.

1) Parcel B-1-2: 3.930± acres are located east of Chinle Agency Administration building. The land parcel is bordered on north by BIA N7 Highway and BIA N27 Highway. This was an empty land area and contains miscellaneous debris.

2) Parcel G-1: 1.541± acres are located next to the Holiday Inn on the east side. This parcel contains economic infrastructures, such as a parking lot for the hotel, in-use NTUA water house and utilities for the hotel. In addition, BIA N27 Highway cuts through this parcel of land. These developed areas are excluded from the remediation of the site. An abandoned water supply house was observed within the property boundary lines and will need to be evaluated for historical value.

The well is open and will need to be properly abandoned to prevent potential risks of contamination to the groundwater.

3) Parcel P-1: 2.137± acres are located east of Parcel G-1 and southeast of the Holiday Inn. This parcel of land has a dirt road and trees within the area. The parcel contains an abandoned well house that will be abated and demolished. The well will need proper closure in accordance with applicable regulations.

WORK:

The Bureau of Indian Affairs requires the services of licensed environmental contractor to conduct the clean up of all miscellaneous debris and remnants, and abatement and removal of any remaining structures on each listed property. In accordance with applicable regulations, out-of-service water wells will be properly abandoned.

Using the sampling data provided in the October 2022 ASTM Phase II ESA, the contractor shall abate the hazardous materials identified in report in accordance with federal regulations; and, then conduct the demolition of the buildings utilizing green demolition practices which requires 75% recycling by weigh. Demolition that has voids will require filling with clean fill and compaction of the soil to 90% proctor density, as well as, contouring the area to prevent ponding and subsidence.

The contractor shall work with the Navajo Nation Historical Preservation Program (NNHPP) to obtain Cultural Resource Compliance Form (CRCF) Section 106 and the Navajo Nation Fish and Wildlife (NNDFW) for Biological Resource Compliance Form (BRCF) Section 7 review of the Endangered Species Act. These programs are located in Window Rock, Arizona. If the contractor requires additional assistance, the NRO Branch of Environmental Quality Act Compliance Review

(BEQACR) can be a source for guidance on National Environmental Policy Act (NEPA) requirements.

Additionally, all work will adhere to BIA's Integrated Weed Management Plan to minimize or control the expansion or emergence of noxious weeds. If the contractor requires additional assistance, the NRO Branch of Natural Resource and NRO Branch of Forestry can be a source of assistance.

PERIOD OF PERFORMANCE

The Period of Performance for ASTM Phase III Environmental Remediation is 90 days from the receipt of the Notice to Proceed.

OTHER

1. Contractors must attend the BIA site visit prior to bidding on the project. Site visit will be scheduled prior to submittals of the proposals. No provision for payment of site visits is included.

2. There is no electricity or water available for this project. Contractor must provide their own utilities to conduct Phase III of this project, if necessary.

TASK 1 Pre-Work Submittals A. The Contractor shall provide a Health and Safety Plan (HASP) in accordance with 29 CFR

1910.120 to allow for the protection of workers, employers, and the public for the overall project.

a. The HASP shall contain certifications/licensures of workers.

b. Identify all appropriate Personal Protective Equipment (PPE) for the work required and ensure all workers have access to procedures for proper usage.

c. The plan will address task-specific physical hazards and other hazards that may be encountered during work at the site. There are known and potentially occurring environmental hazards including exposure to petroleum hydrocarbons, potentially explosive atmospheric conditions, tripping/falling hazards, presence of heavy equipment, utility lines, biological hazards, chemical hazards, venomous insects, and snakes/spiders. Other known and potentially environmental hazards are asbestos, PCBs, lead-based paint, and mold.

d. A listing of subcontractors, including qualifications and experience.

B. The contractor shall prepare a detailed Work Plan with Project Schedule for BIA BEM to review and approve prior to commencement of work for ASTM Phase III Environmental Remediation. The plan should document the proposed off-site disposal activities work. The work plan shall include traffic routes, dust suppression, and a hazard communication plan with the public who may live in this area.

C. Asbestos abatement plan shall be prepared by the contractor in with 40 CFR 763 to remove the ACM materials from the buildings and surficial debris onsite.

D. Submittal of all required National Emission Standards of Hazardous Air Pollutants (NESHAPS) 10-day notifications to United States Environmental Protection Agency (USEPA) Region IX and Navajo Nation Environmental Protection Agency (NNEPA). Contractor may request an emergency waiver of the ten-day notification period if required

E. The contractor shall ensure NEPA compliance. The contractor must work with the NNHPP to obtain a CRCF Section 106 clearance and the NNDFW for BRCF Section 7 review of the Endangered Species Act.

F. The contractor shall ensure that all remediation work is adhered to BIA's Integrated Weed Management Plan to minimize or control the expansion or emergence of noxious weeds.

G. The contractor will work with Navajo Nation Water Resources Department and NTUA for proper closure of any existing water supply wells.

H. The contractor shall utilize an accredited and certified laboratory for any additional sampling.

TASK 2 Mobilization and Labor:

A. The contractor shall mobilize to site with sufficient staff to conduct the work for the project within 15 days. No additional mobilization cost will be allowed.

B. A Project Manager shall be on site for the entire duration of the project to conduct, to assist, to oversee the project and to ensure the safety of the technicians or other junior grade environmental professional.

C. In accordance with recommended EPA Resource Conservation and Recovery Act (RCRA) protocol, ensure “the buddy system” is adhered to during abatement tasks.

D. Perimeter fencing shall be installed and maintained for the duration of the work at each parcel to prevent entry into the work site.

E. The contractor shall ensure that all documentation requiring signatures be signed, such as disposal manifests. All original documents shall be retained and made part of the record and provided in the final report. Only a BIA NRO BEM official or designated appointee selected by BIA NRO BEM shall sign off on manifests. The contractor or subcontractor may not sign the manifests on behalf of the BIA. Advance notice is required to request any signatures.

TASK 3 Conduct ASTM Phase III Environmental Remediation:

A. Contractor shall work with appropriate agencies for proper notifications to regulatory agencies to complete the task listed.

B. Based on Phase II ESA, contractor shall clean-up site findings and address recommended remedial work from the three (3) listed parcels to ensure property can be returned to the Navajo Nation. Following is a summary of findings based on Phase II Environmental Site Assessment conducted for BIA BEM:

Parcel B-1-2:

• The contractor shall gather and properly dispose of all miscellaneous debris. When applicable, contractor shall recycle any materials and include weigh tickets in the final report.

• Phase I report lists a damage utility pole. Contractors shall verify the status of the pole with NTUA and ensure proper disposal if no longer required.

• Any hazardous constituents will be disposed of in accordance with Task 4 Abatement of Hazardous Constituents.

Parcel G-1:

applicable, contractor shall recycle any materials and include weigh tickets in the final report.

• The contractor shall work with Navajo Nation Department of Water Resources and NTUA to properly abandon the water supply well in accordance with applicable regulations.

• Based on the NNHPP CRCF assessments, if no findings are found. The contractor shall remove the well house structure and concrete base. Upon removal of well house debris, the contractor shall work with Navajo Nation Fish and Wildlife to ensure the area is re-seeded to match existing native vegetation.

• The contractor shall remove any past remnants of site development from the south end of parcel and dispose of or recycle at a permitted facility.

Parcel P-1:

applicable, contractor shall recycle any materials and include weigh tickets in the final report.

• The contractor shall gather and remove all miscellaneous piping and any other debris and dispose of or recycle at a permitted facility.

• The contractor shall work with Navajo Nation Department of Water Resources and NTUA to properly abandon the water supply well in accordance with applicable regulations. The contractor shall remove the well house structure after abatement of lead-based paint (and treatment shed) and concrete base. Upon removal of well house debris, the contractor shall work with Navajo Nation Fish and Wildlife to ensure the area is re-seeded to match existing native vegetation.

TASK 4 Abatement of Hazardous Constituents:

The ESA Phase II identified suspected Asbestos-Containing Building Materials (ACBM) and suspected Lead-Based Paint (LBP) on surfaces in Parcels G-1, and P-1. The contractor shall determine appropriate disposal. The ESA Phase II report shows locations of the asbestos and LBP.

The contractor shall estimate the amount of asbestos, lead-based painted materials, hazardous/universal wastes, solid waste, and regulated materials that requires removal applicable federal, state and/or local regulations.

Asbestos Abatement:

A. The contactor shall prepare a NESHAPS notification to the USEPA Region 9 and the Navajo Nation EPA in accordance with 40 CFR 61, Subpart M, (NESHAPS), for asbestos-containing materials (ACM) as material or product that contains greater than 1% asbestos.

B. The contractor shall abate all asbestos identified in ASTM Phase II Report investigation following the 10-day notification rule for both friable and non-friable asbestos.

C. Following the abatement all surfaces in the room where ACM has been removed will be cleaned, double wet-wiped and High-Efficiency Particulate Air (HEPA) vacuumed accordance with the Asbestos Hazards Emergency Response Act (AHERA) protocol, 40 CFR

763 and NESHAPS 40 CFR 61.

D. The contractor shall conduct Polarized Light Microscopy (PLM) sampling in accordance with NESHAPS regulations with sample analysis by a National Voluntary Laboratory Accreditation Program (NAVLAP) certified laboratory to ensure the buildings are free of asbestos fibers and ready for demolition.

E. The contractor shall conduct a visual inspection of the area to assure that the abatement is complete, and no ACBM remains. Following the inspection, the contractor shall contact the BIA Contracting Officer Representative (COR) or his/her technical representative to conduct a visual inspection of the area to assure that the ACBM has been removed. In the event, the Contracting Officer (CO)/COR finds deficiencies in the work, the contractor shall again abate/clean the area at his/her expense. The contractor shall again notify the COTR when the project area can be inspected following the completion of the work.

F. The contractor shall obtain and prepare a disposal manifest for the BIA signature. The contractor may not sign the manifest on behalf of the BIA. Contractor shall provide to the CO, in writing, the location of disposal of asbestos waste prior to any commitment for disposal. All manifests for disposal of all ACM waste shall be submitted in the final report.

Contractor shall obtain and verify all transportation certifications and submit copies in the final report.

G. While the contractor is performing field work, the contractor shall maintain a daily log to document the activities of the abatement action. The contractor shall also record all events relevant to a project. The log will be signed and closed daily. The log shall become the property of BIA, if necessary for litigation or evidentiary procedures. A copy of all bills, receipts, time sheets and the inventory of disposed materials shall be maintained and submitted in the final report.

H. Any proposed changes to the contract scope of work shall be approved in advance by the

Contracting Officer. Any deviations from the SOW will result in non-payment. Any discovery not outlined in the SOW will require the contractor to notify the Contracting Officer immediately.

I. Water and utilities for the asbestos abatement project shall be the responsibility of the contractor.

Lead and Lead Based Paint:

A. Contractor shall conduct measurements of lead in paint using Model XLp300A Thermo Fisher Scientific Niton XRF Spectrum Analyzer or equivalent. Lead concentrations shall be measured and screened for the presence or absence of lead in all the buildings at the Chinle site.

B. For the demolition of these buildings containing lead-based paint, in accordance with OSHA the concern is the quantity of lead in paint that has the potential to create "exposure" during construction or demolition activities. It is recommended that contractors performing the work at the site be informed of the lead content in paint substrates prior to disturbance. Any demolition activity that disturbs lead must be performed in accordance with applicable federal, state and/or local regulations including but not limited to the OSHA Lead Standard, 29 CFR 1926.62 and EPA RCRA Regulated and Solid Waste Amendments.

C. The contractor shall prepare a notification to the USEPA and the Navajo Nation EPA in accordance with 40 CFR 745. The contractor shall follow and/or prepare the 5-day notification rule for lead-based paint abatement.

D. The contractor shall prepare a waste manifest for the BIA signature for disposal of lead waste. The contractor may not sign the manifest on behalf of the BIA.

E. The contractor shall abate Lead and Lead-Based Paint and dispose of the lead waste in a permitted landfill. In consideration of the planned demolition of any buildings, lead-safe work practices shall be implemented during the removal of any lead-based paints from the buildings.

F. The contractor shall construct appropriate containment to assure that no Lead-Based Paint is released into the environment or contaminates the structure. Negative air may be used to assure that no lead is released into the environment dependent on the work required.

TASK 5 Reports:

A. The contractor shall prepare a draft report to document all activities associated with the project.

The draft report shall include removal drawings, locations, quantities, and other pertinent data generated in the performance of the contract. Profiles and manifests of disposed items at permitted landfills are to be included in the draft report. The volume and weigh of recycled materials completed by the contractor shall be included in the draft report. The contractor shall submit the draft report via email to the BIA NRO BEM and CO for approval. The BIA shall review the draft and return the document within 10 workdays following receipt with corrections and/or comments.

B. When the draft report is approved, the contractor shall prepare a final version of the report in Adobe Acrobat pdf format for distribution and two (2) electronic file copies in Microsoft Word® format one read-only and one writeable version marked for “BIA Use Only”. The BIA NRO shall be the owner of all documents prepared by the contractor. The contractor shall not copyright or write protect any documents or utilize any data from the project without consent of the Government.

C. Environmental Professional Certification: The report shall be stamped and certified by an environmental professional that the work was conducted in accordance with the Detailed Work Plan and in accordance with all applicable environmental federal regulations and construction standards.

INSTRUCTIONS, CONDITIONS, AND NOTICES TO CONTRACTORS

Special Conditions The Contractor shall adhere to all applicable federal and tribal laws and regulations, and payment of tribal taxes.

There is no electricity or water available for this project. Contractor must provide their own utilities to conduct Phase III of this project, if necessary.

The contractor shall not release or donate any materials to the local public due to potential liability issues.

Contractor shall be aware of local business in the area. Businesses and residential homes are in the vicinity of the project and any removal actions that creates dust should adhere to a dust suppression plan.

When work is in progress for the removal of regulated materials from the buildings, limited access may be required and signage for the health and safety of the public.

The Contractor is responsible for any damages to utilities outside the SOW and shall repair them immediately at no cost to the Government.

As data is developed and regulatory agencies provide direction and guidance, contractors shall be expected to provide timely and quality response to issues raised by the regulators. All contact with the public, private or regulatory community shall be made through the BIA NRO. No information may be released without the written consent of the BIA NRO.

Requirements Mandatory Site Visit Pre-Work conference Written weekly status report to COR.

Submittal of Draft and Final documents

Reference Material Chinle Agency Figure 1, Chinle, AZ Chinle Agency Map Parcel B-1 Parcel G-1 Parcel P-1