W911KB21B0002 Amendment 0002.pdf

W911KB21B0001

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

Project titled 2021-2023 Nome Harbor Maintenance Dredging, Nome, Alaska has been amended to update teleconference minutes located in the section titled SF 30 - Block 14 Modif ication Continuation Page.

This amendment is to correct the call in information for section 00 21 00, specifically the access code; Replace exhibit draw ing sheets CX801 through CX808 in their entirety; Replace Section 01 57 20.01 29 ENVIRONMENTAL PROTECTION in its entirety; and notify all that bidder inquiry has been closed w ith no inquiries received. See attached for further changes. POC jeannette.morphew @usace.army.mil

1. CONTRACT ID CODE PAGE OF PAGES

1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 01-Dec-2020

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 W911KB21B0001

X 9B. DATED (SEE ITEM 11)

02-Nov-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 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

30-Nov-2020

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SUMMARY OF CHANGES

AMENDMENT #0002

The following drawings are substituted for the superseded drawings:

Exhibit drawing sheets CX801 through CX808 are replaced in its entirety.

The following revised documents are substituted for the superseded documents. The identifier “AM#2” appears before and after new and/or revised material and replacement pages are provided, except as noted:

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES

TO OFFERORS is replaced in its entirety. Update to para 9 Bid Opening Conference Teleconference Info.

Section 01 57 20.01 29 ENVIRONMENTAL PROTECTION in its entirety.

Specifically, paragraph 3.1 was amended to clarify that the Government has obtained the Certificate of Reasonable Assurance from the State of Alaska in accordance with Section 401 of the Federal Clean Water Act and the Alaska Water Quality Standards.

The following documents/drawings are deleted:

NONE

The following documents are added:

The following revisions are incorporated:

Other:

The Bidder Inquiry in ProjNet has been closed in accordance with paragraph 5 of Section 00 21 00. No bidder inquiries were received.

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

The following have been modified:

SECTION 00 21 00

Section 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

I NSTRUCTIONS TO BIDDERS

1. MAGNITUDE OF CONSTRUCTION

The magnitude of this project is between $5,000,000 and $10,000,000.

2. SOLICITATION

The solicitation in electronic format only will be available for download at https://beta.sam.gov/.

Reference synopsis for download instructions.

3. BOND AMOUNT REQUIRED (FAR CLAUSE 52.228-15) Performance and Payment Bonds:

(1) The penal amount of the bonds shall be 100 percent of the original price.

(2) The Government may require additional bond protection when a contract price is increased.

The increase in protection shall generally equal 100 percent of the increase in contract price. The Government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or obtain an additional bond.

4. BID GUARANTEE (FAR CLAUSE 52.228-1)

The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

5. OFFEROR'S QUESTIONS AND COMMENTS

Point of Contact for this solicitation is:

C ontract Specialist – Primary POC (Ronald Perry)

U.S. Army Engineer District, Alaska ATTN:

CEPOA-CT (Perry) P.O. Box 6898 JBER, Alaska 99506-0898 Phone: 907-753-2549

Email: ronald.perry@usace.army.mil. With a courtesy copy to the Contracting Officer christine.a.dale@usace.army.mil.

Bidder Inquiry

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 7 Calendar Days prior to bid submission. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted in an amendment to the solicitation in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are finalized. In the event of a conflict between the bidder inquiry responses and the solicitation, the solicitation shall govern.

The Bidder Inquiry Key is: K7KJ2W-TN9GTQ

The Solicitation Number is: W911KB21B0001

Specific Instructions for ProjNet Bid Inquiry Access:

1) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2) Identify the Agency. This should be marked as USACE.

3) Key. Enter the Bidder Inquiry Key listed above.

4) Email. Enter the email address you would like to use for communication.

5) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1) For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3) Identify the Agency. This should be marked as USACE.

4) Key. Enter the Bidder Inquiry Key listed above.

5) Email. Enter the email address you used to register previously in ProjNet.

6) Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

6. PRE-BID CONFERENCE CALL

See 52.236-27 – Site Visit (Construction) for pre-bid conference call and site visit information.

7. BID SUBMISSION INSTRUCTIONS

Bidders must email bids to be received no later than the date and time stated on the standard form (SF) 1442 or subsequent solicitation amendment. Questions concerning bid receipt can be directed to the Contract Specialist/Contracting Officer listed in the solicitation. Bids may be emailed to:

Ronald.perry@usace.army.mil AND Christine.a.dale@usace.army.mil

B idders are advised to plan accordingly. No arrangements will be made by the government to assist in bid delivery. Day-pass procedures will not be used for bid delivery purposes nor are there bid pick-up services. No escort services will be provided. It is incumbent on the bidder to plan for unanticipated delays in delivery of bids.

Bids will no longer be accepted via personal delivery services such as DHL, UPS or FedEx due to COVID mandates.

Bids will be received no later than the date and time stated on the SF1442 or subsequent solicitation amendment at:

Mailing Address:

U.S. Army Corps of Engineers, Alaska District ATTN:

CEPOA-CT (Perry) PO Box 6898 JBER, Alaska 99506-0898

Physical Address:

U.S. Army Corps of Engineers, Alaska District ATTN:

CEPOA-CT (Perry) 2204 3rd Street JBER, Alaska 99506

Due to COVID-19 regulations and precautions, bids will not be accepted in person The Packaging that contains the Bids shall be marked:

” Bids for Solicitation Number: W911KB21B0001, DO NOT OPEN”

(Note: Facsimile bids or amendments will be NOT accepted however bids may be e-mailed per instructions below.)

Bids will be publicly opened. Information concerning the status of the bids will be available after receipt of bid verification.

8. E-MAILED BIDS

E-mail bids will be accepted and must reach the intended recipients by the time specified in the solicitation or subsequent amendment. However, the only type of bid guarantee that will be accepted by electronic means is a bid bond at bid opening. Any other type of bid guarantee will only be accepted in original format.

E-mailed bids must contain the required signatures. E-mailed bids that fail to furnish required representations or information or that reject any of the terms, conditions, or provisions of the solicitation may be excluded from consideration.

If the bidder chooses to e-mail a bid, the Government will not be responsible for any delay or failure in the transmission or receipt of the bid. It is recommended that the bidder contact the intended recipient to confirm receipt prior to the due date and time specified in the solicitation.

Email bid to: ronald.perry@usace.army.mil with a courtesy copy to the Contracting Officer cchristine.a.dale@usace.army.mil.

9. BID OPENING CONFERENCE CALL INFORMATION

The Bid Opening will be stated on the SF1442 or subsequent solicitation amendment:

Due to COVID-19 precautions, offerors are notified that the government will be setting up an audio conference call for the bid opening.

Teleconference Info:

US Toll Free 1-844-800-2712 US Caller Paid 1-669-234-1177 Access Code 199 404 4774

10. EXCLUSION OF DEBARRED AND SUSPENDED CONTRACTORS

By entering into this contract, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person, or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR subpart 9.4.

11. WEB-SITE: The solicitation, specifications, drawings, lists of interested vendors, and amendments (if any) are available through the project links at the website www.betaSAM.gov.

12. CORPORATION, JOINT VENTURE, AND LLC PROPOSAL REQUIREMENTS

All bidders must submit one of the certificates associated with their business enterprise (corporation, JV, LLC) located in this solicitation.

BUSINESS CERTIFICATIONS

If the offer is submitted by a corporation, partnership, Joint Venture or an LLC, the applicable form listed must be completed. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

NOTE: LLCs must submit Operating Agreement & Articles of Organization with their certificate.

CORPORATION

I, , certify that I am of the corporation named as

Contractor herein, that who signed this contract on behalf of the Contractor was then of said governing body and is within the scope of its corporate powers.

CORPORATE SEAL SIGNED:

LIMITED LIABILITY COMPANY (LLC)

I, , certify that I am the of the LLC named as

Offeror/Contractor herein; that who signed this offer/contract on behalf of the

Offeror/Contractor was then of said LLC; that said offer/contract was duly signed for and on behalf of said LLC by authority of its governing body, and is within the scope of its corporate powers.

SIGNED:

Name:

Title:

SIGNED:

Name:

Title:

In addition provide a copy of LLC Operating Agreement and Articles of Organization showing which members are authorized to sign documents binding the company.

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State "none" or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

(Type or Print Name) (Signature)

JOINT VENTURE

I, , certify that I am the Secretary of the Corporation named as

Offeror/Contractor Herein, that who signed this offer/contract on behalf of the Offeror/Contractor was then of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said corporation this day of

CORPORATE SEAL SIGNED:

PRE-AWARD QUESTIONNAIRE

2021 - 2023 Nome Harbor Maintenance Dredging

Nome, Alaska Solicitation W911KB21B0001

CONTRACTOR NAME AND ADDRESS:

TYPE OF BUSINESS:

Individual Partnership LLC Joint Venture Corporation in the State of ______________________

SIZE: Small (Average gross receipt for the past 3 years is less than or equal to $4M) Large

1. Financial Ability: Please attach a certified current balance sheet and latest profit and loss statement signed by an officer of the company. The last financial statement will be acceptable if it is less than 6 months old.

Dun & Bradstreet Rating _________ Thomas Register Rating __________

2. Ability to comply with required delivery; List current work with the expected completion date, dollar value, firm/agency, point of contact, and telephone.

3. Reputation and Integrity:

Name POC Telephone No.

Bank:

Subcontractor:

Other:

4. Conforming to the requirements of the standard nondiscrimination clause: (Describe how this is accomplished.)

5. Necessary capability to perform: (Describe technical capability.)

6. Equipment and facilities:

7. Performance and Payment Bonds:

8. List all pending contract claims. State nature of claim, amount, and approximate date filed.

9. List all pending lawsuits or unsatisfied judgments against your firm, the nature of same and Court where filed or adjudicated. Lawsuits or judgments where full payment will be made or are covered by your insurance are not to be included.

Signed:____________________________________

Typed/Printed Name:____________________________________ Title:____________________________________ Date:_________________

(End of Summary of Changes)

6-NOM-91-01-19, W911KB21B0001, Sheet 10 of 20

PRE-DREDGE SURVEY - 1 OF 3, NOM014-CX801.dwg

EXHIBIT CX801

NOM014 AM#2 25 NOV 2020

1 1

AM#2: REPLACED EXHIBIT DRAWING SHEET

6-NOM-91-01-19, W911KB21B0001, Sheet 11 of 20

PRE-DREDGE SURVEY - 2 OF 3, NOM014-CX802.dwg

EXHIBIT CX802

NOM014 AM#2 25 NOV 2020

6-NOM-91-01-19, W911KB21B0001, Sheet 12 of 20

PRE-DREDGE SURVEY - 3 OF 3, NOM014-CX803.dwg

EXHIBIT CX803

NOM014 AM#2 25 NOV 2020

1 1AM#2: REPLACED EXHIBIT DRAWING SHEET

6-NOM-91-01-19, W911KB21B0001, Sheet 13 of 20

POST-DREDGE SURVEY - 1 OF 5, NOM014-CX804.dwg

EXHIBIT CX804

NOM014 AM#2 25 NOV 2020

AM#2: REPLACED THIS EXHIBIT DRAWING SHEET

6-NOM-91-01-19, W911KB21B0001, Sheet 14 of 20

POST-DREDGE SURVEY - 2 OF 5, NOM014-CX805.dwg

EXHIBIT CX805

NOM014 AM#2 25 NOV 2020

6-NOM-91-01-19, W911KB21B0001, Sheet 15 of 20

POST-DREDGE SURVEY - 3 OF 5, NOM014-CX806.dwg

EXHIBIT CX806

NOM014 AM#2 25 NOV 2020

6-NOM-91-01-19, W911KB21B0001, Sheet 16 of 20

POST-DREDGE SURVEY - 4 OF 5, NOM014-CX807.dwg

EXHIBIT CX807

NOM014 AM#2 25 NOV 2020

6-NOM-91-01-19, W911KB21B0001, Sheet 16 of 20

POST-DREDGE SURVEY - 5 OF 5, NOM014-CX808.dwg

EXHIBIT CX808

NOM014 AM#2 25 NOV 2020

AM#2 2021-2023 NOME MAINTENANCE DREDGING NOM014

NOME, ALASKA

SECTION 01 57 20.01 29

ENVIRONMENTAL PROTECTION

05/12

PART 1 GENERAL

1.1 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

WETLANDS DELINEATION MANUAL (1987) Corps of Engineers Wetlands Delineation 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 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

1.2 DEFINITIONS

1.2.1 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 aesthetically, culturally and/or historically.

1.2.2 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

SECTION 01 57 20.01 29 Page 1 pollutants.

1.2.3 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.

1.2.4 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor must discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" must occur. Land Application must be in compliance with all applicable Federal, State, and local laws and regulations.

1.2.5 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.2.6 Pests

The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.7 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, creeks, and/or "waters of the United States" and would require a permit to discharge water from the governing agency.

1.2.8 Waters of the United States

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

1.2.9 Wetlands

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with

WETLANDS DELINEATION MANUAL.

SECTION 01 57 20.01 29 Page 2

1.3 GENERAL REQUIREMENTS

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 must be protected during the entire duration of this contract. Comply with all applicable environmental Federal, State, and local laws and regulations.

Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

Ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section.

Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

The written site specific environmental protection plan.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern must be defined within the Environmental Protection Plan as outlined in this section. Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but are considered necessary, must be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan must be current and maintained onsite by the Contractor.

1.7.1 Compliance

No requirement in this Section will relieve the Contractor of any

SECTION 01 57 20.01 29 Page 3 applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.7.2 Contents

Include in the environmental protection plan, but not limit it to, the following:

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

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

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. An erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided as well as any monitoring and reporting requirements.

f. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

i. Drawing showing the location of borrow areas, if necessary due to over-dredging.

j. Include in the Spill Control plan 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. The Spill Control Plan supplements the requirements of EM 385-1-1. Include in this plan, 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 will immediately notify the Contracting Officer and the local fire department in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. Include in

SECTION 01 57 20.01 29 Page 4 the plan 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.

(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.

k. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris and schedules for disposal.

l. 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.

m. 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 EM 385-1-1, a copy of the Safety Data Sheets (SDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

n. A waste water management plan that identifies the methods and procedures for management and/or discharge of waste waters which are directly derived from construction activities, such as concrete curing water, clean-up water, dewatering of ground water, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan must include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of disposal for the waste water, the plan must include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, include a copy of the permit and associated documents as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan must include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

o. A historical, archaeological, cultural resources, biological resources

SECTION 01 57 20.01 29 Page 5 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.

Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer.

p. Include and update a pesticide treatment plan, as information becomes available. Include in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application and calibration of equipment. Federal, State, Regional and Local pest management record keeping and reporting requirements are the Contractor's responsibility.

1.7.3 Appendix

Attach to the Environmental Protection Plan, as an appendix, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

1.8 PROTECTION FEATURES

This paragraph supplements Section 00 72 00 CONTRACT CLAUSE 52.236-9

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.

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

Comply with the following special environmental requirements:

a. Reasonable precautions and controls shall be used to prevent incidental and accidental discharge of petroleum products or other hazardous substances.

b. Equipment shall be inspected for leaks and recorded in a log on a daily basis during performance of work, including mobilization and demobilization phases. Equipment shall not be operated below the mean higher high water mark while leaking fuel, oil, hydraulic fluid, antifreeze, and/or other pollutants. If leaks are found, the equipment shall not be used and pulled from service until the leak is repaired.

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c. Fuel storage and handling activities for equipment shall be conducted so there is no contamination of the ground, subsurface, or surface water bodies. No fuel shall be stored in the dredged material placement area shown in the contract drawings.

d. Immediately report any spills of fuel, oil, hydraulic fluid, and/or other pollutants to the Contracting Officer or their designated representative.

e. Spill response equipment and supplies, such as sorbent pads, shall be available on site and used immediately to contain and cleanup oil, fuel, hydraulic fluid, antifreeze, or other pollutant spills as a result of construction activities.

f. Maintain a copy of Alaska Department of Fish and Game Fish Habitat Permit (FH13-III-0027, expires 31 December 2023) and any associated amendments on site during project activities. An electronic copy of this permit and any associated amendments shall be provided by the Corps following contract award.

g. Maintenance dredging of the Harbor Approach Channel and Inner Harbor shall be completed by 30 June each dredge season and shall be conducted in a manner that will either allow for continuous free passage of fish or dredging for only a 12 hour period per 24 hours. There is no closed period for dredging seaward of the sand spit within the closed portion of the causeway and breakwater (Outer Entrance Channel, Transition, Inner Entrance Channel, and East Sediment Trap).

h. The Contractor shall cease dredging activity if fish are observed in sediment and contact the Contracting Officer's Representative for further direction before resuming dredging.

i. All dredging shall be conducted so as to minimize the amount of dredge material and suspended sediments that enter Norton Sound. Appropriate and applicable Best Management Practices (BMPs) will be employed to minimize sediment loss and turbidity generation during dredging. BMPs may include, but are not limited to, the following:

-Eliminate multiple bites while the bucket is on the seafloor;

-No stockpiling of dredge material on the seafloor;

-No seafloor leveling;

-Slowing the velocity (i.e. increasing the cycle time) of ascending loaded clamshell bucket through the water column;

-Pausing the dredge bucket near the bottom while descending and near the water line while ascending;

-Placing filter material over the barge scupper to clear return water;

-If dewatering runoff is discharged from a barge, silts must be removed prior to direct or indirect runoff discharge.

j. The Contractor shall not abandon any portion of the dredge equipment, including but not limited to pipeline and anchoring devices, in Waters of the United States.

k. The Contractor shall establish an exclusion (i.e. shutdown) zone for marine mammals that includes all marine waters within a 525 foot (160 meter radius) of the in-water dredging equipment and in-water support equipment such as dredge tender, work skiff(s), and survey vessels.

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l. The Contractor shall stop work when a marine mammal appears likely to enter or enters within the exclusion zone of the dredging operations and/or in-water support equipment.

m. To ensure that the exclusion zone remains clear of marine mammals, the Contractor shall designate one or more protected species observer (PSO) to continuously monitor the exclusion zone before and during in-water work. The PSO shall be positioned such that the entire exclusion zone is visible and will have no other primary duty than to watch for and report on events related to marine mammals. The PSO shall be able to accurately identify and distinguish species of Alaska marine mammals.

The PSO shall have binoculars, ranger finder, GPS, two-way radio communication with all contract related marine vessels, and log book to aid in determining the location of marine mammals, to take action if marine mammals enter or appear likely to enter the exclusion zone, and to record marine mammal observations.

n. Prior to initiating dredging, a PSO shall provide assurance that marine mammals have not been in the exclusion zone for at least 15 minutes immediately prior to operations. If any marine mammals are present within the exclusion zone, then dredging activities shall not begin until observed leaving the exclusion zone of their own accord. If not visually observed leaving the exclusion zone, then dredging activities may begin/resume 15 minutes after the marine mammal(s) last observation in the exclusion zone.

o. The Contractor's PSO shall complete a "Marine Mammal Sighting Form" each day in-water work is conducted by the dredge and/or support equipment. A sample form is available for use as an attachment to this Section. These forms shall be transmitted monthly to the Contracting Officer's Representative by serial letter no later than the 5th day of each month. The "Marine Mammal Sighting Form", or approved equal, shall provide details about marine mammal observations and interactions that occurred during in-water operations. The form shall contain the following information:

1. Date and time that monitored activity begins or ends;

2. Construction activities occurring during each observation period;

3. Weather parameters (e.g., percent cover, visibility);

4. Water conditions (e.g., sea state, tide state);

5. Species, numbers, and, if possible, sex and age class of marine mammals;

6. Description of any observable marine mammal behavior patterns, including bearing and direction of travel and distance from dredging activity;

7. Distance from dredging activities to marine mammals and distance from the marine mammals to the observation point;

8. Locations of all marine mammal observations;

9. Detailed information about any implementation of any mitigation triggered (e.g., shutdowns and delays), a description of specific actions that ensued, and resulting behavior of the animal, if any;

10. Description of attempts to distinguish between the number of individual animals taken and the number of incidences of take, such as the ability to track groups or individuals; and

11. Other human activity in the area.

p. If any marine mammal enters the exclusion zone before dredging activities can be safely shutdown (e.g. a whale or stellar sea lion surfaces inside the 525 foot radius exclusion zone), it shall be

SECTION 01 57 20.01 29 Page 8 reported to the Contracting Officer's Representative immediately. All in-water work must cease pending potential re-initiation of consultation by the Corps with the National Marine Fisheries Service.

q. To reduce the risk of collisions with marine mammals, dredging and in-water support equipment shall be limited to a speed of 8 knots or the slowest speed above 8 knots consistent with safe navigation.

Vessels operating within Nome Harbor shall obey posted speed limits.

r. If any project activities were to occur when sea ice is present, the project personnel would be prepared to follow the standard Polar Bear Interaction Guidelines distributed by the U.S. Fish and Wildlife Service at the follwing website:

https://www.fws.gov/alaska/pages/marine-mammals/polar-bear/ interaction-guidelines.

(not a clickable link)

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

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

1.11 NOTIFICATION

The Contracting Officer 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 Environmental Protection plan. After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

This paragraph supplements the Contractor's responsibility under Section 00 72 00 contract clause 52.236-7 "PERMITS AND RESPONSIBILITIES" to the extent that the Government has obtained the necessary Fish Habitat Permit AM#2...

and Certificate of Reasonable Assurance ...AM#2 from the State of Alaska.

The Contractor shall be responsible for obtaining permits/authorizations not supplied by the Government in order to comply with required Federal, State, and local environmental laws and regulations. Comply with the terms and conditions of the Government's permits as outlined in paragraph SPECIAL ENVIRONMENTAL REQUIREMENTS in this Section. Coordinate with the Contracting

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Officer or their designated representative for any activity that deviates from the approved plan as described in ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS in this Section.

3.2 LAND RESOURCES

Confine all activities to areas defined by the drawings and specifications. Identify any land resources to be preserved within the work area prior to the beginning of any construction. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval, except in areas indicated on the drawings or specified to be cleared. Ropes, cables, or guys will not be fastened to or attached to any trees for anchorage unless specifically authorized. Provide effective protection for land and vegetation resources at all times, as defined in the following subparagraphs. Remove stone, soil, or other materials displaced into uncleared areas.

3.2.1 Work Area Limits

Mark the areas that need not be disturbed under this contract prior to commencing construction activities. Mark or fence isolated areas within the general work area which are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the purpose for marking and/or protecting particular areas and objects.

3.2.2 Landscape

Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved must be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. Restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area.

3.2.3 Erosion and Sediment Controls

Providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations is the Contractor's responsibility.

Select and maintain the erosion and sediment controls such that water quality standards are not violated as a result of construction activities.

The area of bare soil exposed at any one time by construction operations should be kept to a minimum. Construct or install temporary and permanent erosion and sediment control best management practices (BMPs). BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. Remove any temporary measures after the area has been stabilized.

3.2.4 Contractor Facilities and Work Areas

No field office,staging area, or stockpile storage is provided by the Government. Erosion and sediment controls must be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters.

Temporary excavation and embankments for plant and/or work areas must be controlled to protect adjacent areas.

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3.3 WATER RESOURCES

Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits.

3.4 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with all Federal and State air emission and performance laws and standards.

3.4.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; must be controlled at all times, including weekends, holidays and hours when work is not in progress. Maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area.

Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times. Provide sufficient, competent equipment available to accomplish these tasks. Perform particulate control as the work proceeds and whenever a particulate nuisance or hazard occurs. Comply with all State and local visibility regulations.

3.4.2 Odors

Odors from construction activities must be controlled at all times. The odors must be in compliance with State regulations and/or local ordinances and may not constitute a health hazard.

3.4.3 Sound Intrusions

Keep construction activities under surveillance and control to minimize environment damage by noise. Comply with the provisions of the State of Alaska rules and any local noise ordinances.

3.4.4 Burning

Burning will not be allowed on the project site unless specified in other sections of the specifications or authorized in writing by the Contracting Officer.

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes will be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

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3.5.1 Solid Wastes

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with solid waste. Comply with Federal, State, and local laws and regulations pertaining to the use of landfill areas.

3.5.2 Chemicals and Chemical Wastes

Dispense chemicals ensuring no spillage to the ground or water. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the Government. Collect chemical waste in corrosion resistant, compatible containers. Wastes will be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178. Take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing.