W9128A20B0002 Am-0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Port Allen Deep Draft Harbor Maintenance Dredging, Island of Kauai, State of Haw aii

See Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128A20B0002

X 9B. DATED (SEE ITEM 11)

05-Jun-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 X is extended, is not extended.

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

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

Am-0004

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Jul-2020

CODE

CEPOH - CONTRACTING DIVISION HAWAII

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128A20B0002 Am-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0004)” is shown on each revised page.

a. REVISED SECTIONS. The following are revised pages to the solicitation. Changes are marked in “*” asterisks and/or in bold.

Standard Form 1442 – Page 1 Section 00 10 00 – Page 1 Section 00 73 00, Appendix B – Page 1 Section 01 57 19 – Pages 24-34 Section 01 90 00 – Pages 8-17

b. NEW SECTIONS. The following are new pages to the solicitation.

Section 00 60 00, Attachment A – Requests for Information (#43 through 58)

2. The bid opening date and time is extended to July 22, 2020, 2:00 PM Hawaii Standard Time.

Port Allen Deep Draft Harbor Maintenance Dredging, Island of Kauai, State of Haw aii

X

CHARLES S MAVES 808-835-4307

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED (RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

CODE W9128A

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:

7. ISSUED BY

CEPOH - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

TEL: TEL: FAX:

W9128A20B0002 1 OF 2

11. The Contractor shall begin performance within 7_______calendar days and complete it with 380in ________ calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _____52.211-10____ ________________ .)

05-Jun-2020 shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

local time Jul ______________ 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.* *

(Am-0004)

Section 00 10 00 – Page 1 (Am-0004)

Invitation for Bid No. W9128A20B0002

SECTION 00 10 00

BID SCHEDULE

PORT ALLEN DEEP DRAFT HARBOR MAINTENANCE DREDGING,

ISLAND OF KAUAI, STATE OF HAWAII

CLIN DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT

BASE SCHEDULE

0001 Mobilization 1 Job N/A $_____________

0002 Demobilization 1 Job N/A $_____________

0003 Dredging Areas U1 and U2 205,000 Cubic Yard $_________/CY $_____________

TOTAL PRICE FOR BASE SCHEDULE $_____________

OPTIONS

0004 Dredging Area U3 175,000 Cubic Yard $_________/CY $_____________

0005 Dredging Area U4 165,000 Cubic Yard $_________/CY $_____________

TOTAL PRICE FOR BASE SCHEDULE AND OPTIONS $_____________

____ Proposal DOES include Facilities Capital Cost of Money

____ Proposal DOES NOT include Facilities Capital Cost of Money

OFFEROR ELECTS TO WAIVE THE PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERN:

( ) NO

( ) YES

THE FOLLOWING WILL BE COMPLETED BY THE CONTRACTING OFFICE UPON CONTRACT

AWARD:

TOTAL AWARD AMOUNT (BASE SCHEDULE PLUS OPTIONS ________) $_____________

Port Allen Deep Draft Harbor Maintenance Dredging Island of Kauai, State of Hawaii

RFI # Reference Question Government Response 43 Bid Schedule Section 00 10 00 Bid Schedule has written below the CLIN pricing to check points for stating if the proposal includes Facilities Capital Cost of Money. Can the USACE confirm that this solicitation/contract is not subject to CAS? Can the USACE remove this section of the Bid Schedule as it is not relevant to the subject solicitation?

CAS does not apply for this solicitation.

See Revised Section 00 10 00, Page 1, per Am-0004. Facilities Capital Cost of Money has been removed from the Bid Schedule.

44 00 73 00 Inquiry 8651151 requested the limits of the insurance coverage that the contractor is required to provide. The government response does not provide these limits. Please provide the required insurance coverages required by the government? What size policy is required for pollution liability?

See Revised Section 01 90 00, Pages 8-17, per Am-0004.

It is the contractor's responsibility to determine if a pollution liability policy is required.

45 Addendum #2 Amendment 0002 included Section 010 57 19 Attachment 3 (PAODMDS Site Use Conditions). Standard Condition #2 states that the dredge material is to be screened through a 12-inch x 12-inch grizzly. Given the requirement to use of the 12-inch x 12-inch grizzly, can the requirement for raking the seabed prior to dredging be deleted? Alternatively, are the EPA and USACE willing to waive the screening requirement if the seabed in the areas of work will be raked prior to dredging?

No changes to existing raking or screening requirements will be made.

46 General Conditions Will tug and barge hulls mobilized from outside of Hawaiian waters need to be cleaned to mitigate import of invasive species?

The contractor is responsible for adhering to all Federal, State and local laws. The contactor's Environmental Protection Plan should document the contractor's plan to comply with all applicable federal, state and local environmental requirements as noted in Section 01 57 19, Paragraph 1.7, per the original solicitation.

47 Solicitation Does the wage determination provided in the Solicitation contain the most current information?

The Wage Determination is current as of the date this response is issued.

48 Amendment 0002 - Attachment 2: Analytical Results

Please provide further background on the geotechnical information provided in Amendment 2, Attachment 2. Please define the type and location of Geotech samples collected.

Refer to Am-0003, Section 00 60 00, Attachment A, Request for Information Response #32.

49 Sect 01 57 19 Specification Section 01 57 19, 3.1.1.1 (4) states: "All in-water work will be postponed or halted when ESA-listed marine species are within 50 yards of the proposed work, and will only begin/resume after the animals have voluntarily departed the area, with the following exception: if ESA-listed marine species are noticed within 50 yards after work has already begun, that work may continue only if, in the best judgment of a biologist, the activity is unlikely disturb or harm the animal(s)."

How will the Contractor be compensated for any delays to dredging operations due to presence of ESA-listed marine species within 50 yards of the proposed work? Suggest that Government provide a unit price CLIN for hourly cost of impacts due to the ESA interruptions or provide total hours of interruptions that Offerors should include in their pricing.

No Standby CLIN will be considered. Refer to Section 00 72 00, DFARS Clause 252.243-7002 Request for Equitable Adjustment, per the original solicitation.

50 Site Conditions When was the last time Port Allen Harbor was dredged to -35' MLLW within each of the proposed dredge areas (U1, U2, U3, U4)? Is this all considered maintenance dredging?

Various areas of the harbor were maintenance dredged to the authorized depth in 1999, 1977, 1973 and 1968. These areas within Federal limits of U1-U4 are considered maintenance dredging. Refer to Section 35 20 23, Paragraph 1.4.1, per the original solicitation.

Section 00 60 00, Attachment A (Am‐0004)

Port Allen Deep Draft Harbor Maintenance Dredging Island of Kauai, State of Hawaii

51 SECTION 35 20 23 -

Dredging: 1.5 Artificial Obstructions

What does raking the seabed mean? Could the USACE provide a magnetometer survey to indicate what debris we should expect to remove? Could the USACE remove the requirement to rake the seabed prior to dredging as the debris encountered will be caught on the 12 x 12 grids and disposed of accordingly.

Raking is a method of removing large debris from the surface of the seabed using an attachment to an excavator or other similar means. The raking process is intended to remove any large material that could limit the clamshell bucket from closing completely during the dredging process. No magnetometer survey of the harbor exists or will be provided. The raking requirement remains unchanged.

52 Section 01 57 19: Page 19,

3.1.1.1 General Conditions

for ESA Compliance

"Maintenance dredging shall not be undertaken if any ESA-listed species is within 50 yards of the authorized work, and those operations shall immediately shut-down if an ESA-listed species enters within 50 yards of the authorized work."

This is a significant risk that is highly uncertain to estimate the frequency of events and duration of delays that could be encountered. Could the USACE please consider adding an hourly standby rate for delays incurred by encountering ESA-Listed species within 50 Yards of the work?

Refer to Request for Information Response #49.

53 Section 01 57 19 - 3.1.2.1:

Measures for EFH Compliance

"In the inner harbor, a full-depth silt curtain shall be employed to encircle the active dredging area."

Is the not to exceed value the absolute value not to exceed, or is it not to exceed 3.0 NTU above the control station, or something different? How is the time component measured?

Does the silt curtain need to be full length to BD depths or full length to grade?

See Revised Section 01 57 19, Paragraphs 3.1.2.1.j.(1), 3.1.2.1.l.(2), and 3.1.3.1, per Am-0004.

54 Hawaii Water Quality Standards Page 54-45

Per the State Water Quality Monitoring Standards on Page 54-45, the NTU cannot exceed 3.0 NTU for more than 10% of the time and cannot exceed 5.0 NTU more than 2% of the time.

Is the not to exceed value the absolute value not to exceed, or is it not to exceed 3.0 NTU above the control station, or something different? How is the time component measured?

See Revised Section 01 57 19, Paragraph 3.1.3, per Am-0004.

55 Section 01 57 19 - 3.1.3 Clean Water Act & 3.1.3.1 Water Quality Monitoring

3.1.3 Clean Water Act "The Contractor must develop a site-specific water quality monitoring plan to ensure compliance with State Water Quality Standards."

3.1.3.1 Water Quality Monitoring "d. Establishment of a turbidity threshold (e.g. 10% above ambient) and corresponding progressive responses to exceedances beginning with taking a second reading to verify threshold exceedances, followed by inspecting the BMPs, to replacing the BMPs, adjusting/doubling up BMPs and stopping work;"

There is ambiguity regarding the State Water Quality Monitoring requirements and the Specifications. Can the Govt please clarify the NTU thresholds for the project? For example, if the Ambient/Control Station NTU is between X and XX, the Compliance Stations cannot be above XX, and if the Control Station NTU is between XX and XX, the Compliance Stations cannot be above XX. This will allow the contractor to better understand the WQM requirements for the project.

See Revised Section 01 57 19, Paragraph 3.1.3, per Am-0004.

56 Section 01 57 19 - 3.1.3.1 Water Quality Monitoring

What is the frequency of the WQM sampling? Is it once during daylight hours, or something different?

See Revised Section 01 57 19, Paragraph 3.1.3.1, per Am-0004.

57 Section 01 57 19 - 3.1.3.1 Water Quality Monitoring

Please confirm the Contractor can conduct the WQM? Confirmed. The contractor may conduct the water quality monitoring.

58 Deadline for Bidder Questions

If the bid date is extended, will the USACE please keep ProjNet open until 1 week before the new bid date?

See Revised Section 00 73 00, Appendix B - Page 1, per Am-0004.

Section 00 60 00, Attachment A (Am‐0004)

Section 00 73 00, Appendix B – Page 1 (Am-0004)

BIDDER QUESTIONS AND COMMENTS

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 July 14, 2020, 2:00 PM Hawaii Standard Time. 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, followed by an answer to the comment/question after it has been processed by our technical team. Bidders are requested to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted as 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.

The Solicitation Number is: W9128A20B0002

The Bidder Inquiry Key is: Q8XF97-J265W6

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 emailed 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.

O&M DREDGING Port Allen Harbor size and position of the area enclosed by the sediment containment device must be strategically planned to reduce the number of times it must be repositioned. Prior to repositioning, sediment containment devices must remain in place until turbidity levels within the enclosure have returned to ambient levels. Sediment containment devices must be appropriately sized.

(1) In the inner harbor, a full-depth silt curtain shall be employed to encircle the active dredging area. The silt curtain must extend to full depth at all times as dredging progesses.

k. Containment scows must be adequately sized to prevent overflow/over-topping and must be equipped with functional seals to prevent leakage of dredged material.

l. Contractor must develop and submit to the Government a site-specific BMP plan to be reviewed and approved by the Government prior to start of work. The Site-Specific BMP Plan must contain turbidity to the active dredge area to the greatest extent practicable. The plan must include a visual and instrumented turbidity monitoring plan to ensure the efficacy of the sediment containment BMP in comparison to ambient levels, with minimum once-daily visual inspections and instrumented readings throughout the duration of construction. When reviewing the contractor's proposed BMP plan, the Corps will only approve a plan that, at a minimum, includes the following or comparable alternative components:

(1) Visual inspection of sediment containment devices of sufficient frequency to minimize potential failure and to ensure proper use and installation.

(2) Instrumented monitoring of ambient turbidity levels near the surface, mid-column and near the bottom taken shortly before dredging begins in a location upcurrent of the enclosure and during dredge readings taken along a depth gradient near the surface, mid-column and near the bottom along a spatial gradient of short (1 yard), medium (50 yards) and long (up to 150 yards) distances oriented downcurrent of the enclosure. The pre-construction readings will yield a baseline or ambient reading to which threshold exceedences will be set.

(3) Establishment of a turbidity threshold (e.g. 10% above ambient) and corresponding progressive responses to exceedances beginning with taking a second reading to verify threshold exceedances, followed by inspecting the BMPs, to replacing the BMPs, adjusting/ doubling up BMPs and stopping work.

(4) Contingency. The Contractor must develop a plan to swiftly implement pre-approved contingency response procedures in the event of equipment (e.g. scow) or BMP failure.

m. Avoid dredging areas located in close proximity to or upcurrent of known high coral cover areas during heightened sea state. Reference Attachment 1 for coral cover map.

n. Prioritize areas located in close proximity to or upcurrent of known high coral cover areas during calm sea state.

o. Minimize the area encircled by the silt curtain to the greatest extent

SECTION 01 57 19 Page 24 (Am-0004) practicable when dredging areas located in close proximity to or upcurrent of known high coral cover areas.

3.1.3 Clean Water Act

The Contractor must employ necessary procedures, measures and monitoring to ensure the maintenance dredging complies with State of Hawaii Water Quality Standards. A Section 401 Water Quality Certification is not required. The Contractor must develop a site-specific water quality monitoring plan to ensure compliance with State Water Quality Standards. The contractor should devise their own plan to ensure compliance, including devising their own thresholds. Review Department of Health (DOH) Clean Water Branch Adaptive Monitoring Assessment Plan guidelines on DOH website for reference.

3.1.3.1 Water Quality Monitoring

Contractor shall submit draft water quality monitoring plan to the Government for review and approval prior to implementation. The purpose of the water quality monitoring plan is to ensure appropriate installation, maintenance and efficacy of in-water sediment containment devices e.g. silt curtains, and to ensure the maintenance dredging complies with state Water Quality Standards. Considerations of time, location and other means and methods are the responsibility of the Contractor to establish in developing the site-specific water quality monitoring plan. Due to the lengthy duration of construction, the contractor may devise an adaptive monitoring strategy that modifies frequency of instrumented readings, as warranted by repeated non-exceedance of devised threshold. Water quality monitoring results will be reviewed by the Government within 5 business days of submittal by the Contractor. At a minimum the contractor's water quality monitoring plan must include the following:

a. Regular visual inspection of sediment containment devices of sufficient frequency to minimize potential failure and to ensure proper use and installation;

b. Minimum 10 days of background water quality reading upstream, downstream and at the dredge site near seafloor, mid-column and at water's surface to establish the ambient water quality levels for pH, temperature, salinity and turbidity.

c. During dredging instrumented water quality monitoring near the surface, mid-column and near the bottom taken during dredging in a location upcurrent of the enclosure and along a spatial gradient of short (1 yard), medium (50 yards) and long (up to 150 yards) distances oriented downcurrent of the enclosure; and,

d. Establishment of a turbidity threshold (e.g. 10% above ambient) and corresponding progressive responses to exceedances beginning with taking a second reading to verify threshold exceedances, followed by inspecting the BMPs, to replacing the BMPs, adjusting/doubling up BMPs and stopping work; and,

e. Establishment of a control station that is not impacted by the dredging and that represents ambient conditions for comparison readings during dredging.

SECTION 01 57 19 Page 25

3.1.4 Flow Ways

Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as specified and permitted.

3.1.5 Vegetation

Disclose a removal and planting plan, if proposed, in the EPP. Except in the areas specified in the EPP, do not remove, cut, deface, injure, or destroy trees or shrubs without the Contracting Officer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Contracting Officer. Where such use of attached ropes, cables, or guys is authorized, the Contractor is responsible for any resultant damage.

Protect existing trees that are to remain to ensure they are not injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. Coordinate with the Contracting Officer and Corps' Civil Works Environmental Compliance Coordinator to determine appropriate action for trees and other landscape features scarred or damaged by equipment operations.

3.1.6 Streams

Stream crossings are not permitted

3.2 STORMWATER

Do not discharge stormwater from construction sites to the sanitary sewer.

If the water is noted or suspected of being contaminated, it may only be released to the storm drain system if the discharge is specifically permitted. Obtain authorization in advance from the Contracting Officer and Corps' Civil Works Environmental Compliance Coordinator for any release of contaminated water.

3.2.1 Construction General Permit

A Notice of General Permit Coverage (NGPC) National Pollutant Discharge Elimination System (NPDES) has not been obtained by the Government because the anticipated area of disturbance is less than one acre.

3.2.2 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 that 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. Personnel must be knowledgeable of the purpose for marking and protecting particular objects.

3.2.3 Contractor Facilities and Work Areas

Place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Move or relocate the Contractor facilities only when approved by the Government. Provide erosion and sediment controls for onsite borrow and spoil areas to prevent sediment from entering nearby

SECTION 01 57 19 Page 26 waters. Control temporary excavation and embankments for plant or work areas to protect adjacent areas.

3.2.4 Municipal Separate Storm Sewer System (MS4) Management

Comply with any existing MS4 permit requirements within the project site.

3.3 SURFACE AND GROUNDWATER

3.3.1 Cofferdams, Diversions, and Dewatering

Construction operations for dewatering, removal of cofferdams, tailrace excavation, and tunnel closure must be constantly controlled to maintain compliance with existing state water quality standards and designated uses of the surface water body. Comply with State of Hawaii water quality standards and anti-degradation provisions. Do not discharge dewatered effluent or excavation ground water to the sanitary sewer, storm drains, or to surface waters without prior specific authorization in writing from the Contracting Officer and Corps' Civil Works Environmental Compliance Coordinator. Discharge of hazardous substances will not be permitted under any circumstances. Use sediment control BMPs to prevent construction site runoff from directly entering any storm drain or surface waters.

3.3.2 Waters of the United States

Do not enter, disturb, destroy, or allow discharge of contaminants into waters of the United States. The protection of waters of the United States shown on the drawings in accordance with paragraph LICENSES AND PERMITS is the Contractor's responsibility. Authorization to enter specific waters of the United States identified does not relieve the Contractor from any obligation to protect other waters of the United States within, adjacent to, or in the vicinity of the construction site and associated boundaries.

3.4 PROTECTION OF CULTURAL RESOURCES

3.4.1 Archaeological Resources

If, during excavation or other construction activities, any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, activities that may damage or alter such resources will be suspended. Resources covered by this paragraph include, but are not limited to: any human skeletal remains or burials; artifacts;

shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, immediately notify the Contracting Officer and Civil Works Environmental Compliance Coordinator so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. Cease all activities that may result in impact to or the destruction of these resources. Secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

3.5 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with 40 CFR 64 and state air emission and performance laws and standards.

SECTION 01 57 19 Page 27

3.5.1 Oil or Dual-fuel Boilers and Furnaces

Provide product data and details for new, replacement, or relocated fuel fired boilers, heaters, or furnaces to the Contracting Officer. Data to be reported include: equipment purpose (water heater, building heat, process), manufacturer, model number, serial number, fuel type (oil type, gas type) size (MMBTU heat input). Provide in accordance with paragraph

PRECONSTRUCTION AIR PERMITS.

3.5.2 Accidental Venting of Refrigerant

Accidental venting of a refrigerant is a release and must be reported immediately to the Contracting Officer.

3.5.3 EPA Certification Requirements

Heating and air conditioning technicians must be certified through an EPA-approved program. Maintain copies of certifications at the employees' places of business; technicians must carry certification wallet cards, as provided by environmental law.

3.5.4 Dust Control

Keep dust down at all times, including during nonworking periods. Dry power brooming will not be permitted. Instead, use vacuuming, wet mopping, wet sweeping, or wet power brooming. Air blowing will be permitted only for cleaning nonparticulate debris such as steel reinforcing bars. Only wet cutting will be permitted for cutting concrete blocks, concrete, and bituminous concrete. Do not unnecessarily shake bags of cement, concrete mortar, or plaster.

3.5.4.1 Particulates

Dust particles, aerosols and gaseous by-products from construction activities, and processing and preparation of materials (such as from asphaltic batch plants) must always be controlled , 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 that would exceed 40 CFR 50, state, and local air pollution standards or that 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. 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 state and local visibility regulations.

3.5.4.2 Abrasive Blasting

Blasting operations cannot be performed without prior approval of the Contracting Officer and Corps' Civil Works Environmental Compliance Coordinator. The use of silica sand is prohibited in sandblasting.

Provide tarpaulin drop cloths and windscreens to enclose abrasive blasting operations to confine and collect dust, abrasive agent, paint chips, and other debris.

SECTION 01 57 19 Page 28

3.5.5 Odors

Control odors from construction activities. The odors must be in compliance with state regulations and local ordinances and may not constitute a health hazard.

3.6 WASTE MINIMIZATION

Minimize the use of hazardous materials and the generation of waste.

Include procedures for pollution prevention/ hazardous waste minimization in the Hazardous Waste Management Section of the EPP. If no written plan exists, obtain information by contacting the Contracting Officer. Describe the anticipated types of the hazardous materials to be used in the construction when requesting information.

3.6.1 Salvage, Reuse and Recycle

Identify anticipated materials and waste for salvage, reuse, and recycling. Describe actions to promote material reuse, resale or recycling. To the extent practicable, all scrap metal must be sent for reuse or recycling and will not be disposed of in a landfill.

Include the name, physical address, and telephone number of the hauler, if transported by a franchised solid waste hauler. Include the destination and, unless exempted, provide a copy of the state or local permit (cover) or license for recycling.

3.7 DREDGED MATERIAL MANAGEMENT AND DISPOSAL

3.7.1 Dredged Material Determination Documentation

Dredged material shall be managed, handled and transported in accordance with all applicable federal, state and local regulations. Dredged material shall be appropriately disposed of at Port Allen. No in-water sampling is required. All dredged material suitable for ocean disposal has been vetted through the USEPA and is indicated on the plans. See Attachment 2 for a summary of sediment characteristics and analyses.

3.7.1.1 Ocean Disposal of Dredged Material

Material dredged from areas U-1, U-2, U-3, U-4 have been determined suitable for ocean disposal at the PAODMDS. Ocean disposal, including procedures, monitoring, reporting and notification must comply with the attached PAODMDS site use conditions (Attachment 3). Constant vigilance for threatened and endangered marine species is required during transport and disposal operations.

3.7.2 Control and Management of Hazardous Waste

Do not dispose of hazardous waste at the project site. Do not discharge any waste to a sanitary sewer, storm drain, or to surface waters or conduct waste treatment or disposal without written approval of the Contracting Officer.

3.7.2.1 Hazardous Waste/Debris Management

Identify construction activities that will generate hazardous waste or debris. Provide a documented waste determination for resultant waste

SECTION 01 57 19 Page 29 streams. Identify, label, handle, store, and dispose of hazardous waste or debris in accordance with federal, state, and local regulations, including 40 CFR 261, 40 CFR 262, 40 CFR 263, 40 CFR 264, 40 CFR 265, 40 CFR 266, and

40 CFR 268.

Manage hazardous waste in accordance with the approved Hazardous Waste Management Section of the EPP. Store hazardous wastes in approved containers in accordance with 49 CFR 173 and 49 CFR 178. Do not bring hazardous waste onto the project site. Provide the Contracting Officer with a copy of waste determination documentation for any solid waste streams that have any potential to be hazardous waste or contain any chemical constituents listed in 40 CFR 372-SUBPART D.

3.7.2.2 Waste Storage/Satellite Accumulation/90 Day Storage Areas

Accumulate hazardous waste at satellite accumulation points and in compliance with 40 CFR 262.34 and applicable state or local regulations.

Individual waste streams will be limited to 55 gallons of accumulation (or 1 quart for acutely hazardous wastes). If the Contractor expects to generate hazardous waste at a rate and quantity that makes satellite accumulation impractical, the Contractor may request a temporary 90 day accumulation point be established. Submit a request in writing to the Contracting Officer and provide the following information (Attach Site Plan to the Request):

Contract Number

Contractor

Haz/Waste or Regulated Waste POC

Phone Number

Type of Waste

Source of Waste

Emergency POC

Phone Number

Location of the Site

Attach a Waste Determination form for the expected waste streams. Allow 10 working days for processing this request. Additional compliance requirements (e.g. training and contingency planning) that may be required are the responsibility of the Contractor. Barricade the designated area where waste is being stored and post a sign identifying as follows:

"DANGER - UNAUTHORIZED PERSONNEL KEEP OUT"

3.7.2.3 Universal Waste Management

Manage the following categories of universal waste in accordance with federal, state, and local requirements and installation instructions:

a. Batteries as described in 40 CFR 273.2

SECTION 01 57 19 Page 30

b. Lamps as described in 40 CFR 273.5

c. Mercury-containing equipment as described in 40 CFR 273.4

Mercury is prohibited in the construction of this facility, unless specified otherwise, and with the exception of mercury vapor lamps and fluorescent lamps. Dumping of mercury-containing materials and devices such as mercury vapor lamps, fluorescent lamps, and mercury switches, in rubbish containers is prohibited. Remove without breaking, pack to prevent breakage, and transport out of the activity in an unbroken condition for disposal as directed.

3.7.2.4 Electronics End-of-Life Management

Recycle or dispose of electronics waste, including, but not limited to, used electronic devices such computers, monitors, hard-copy devices, televisions, mobile devices, in accordance with 40 CFR 260-262, state, and local requirements.

3.7.2.5 Disposal Documentation for Hazardous and Regulated Waste

Contact the Contracting Officer for the facility RCRA identification number that is to be used on each manifest.

3.7.3 Releases/Spills of Oil and Hazardous Substances

3.7.3.1 Response and Notifications

Exercise due diligence to prevent, contain, and respond to spills of hazardous material, hazardous substances, hazardous waste, sewage, regulated gas, petroleum, lubrication oil, and other substances regulated in accordance with 40 CFR 300. Maintain spill cleanup equipment and materials at the work site. In the event of a spill, take prompt, effective action to stop, contain, curtail, or otherwise limit the amount, duration, and severity of the spill/release. In the event of any releases of oil and hazardous substances, chemicals, or gases; immediately (within 15 minutes) notify the Contracting Officer and the state or local authority.

Submit verbal and written notifications as required by the federal ( 40 CFR 300.125 and 40 CFR 355), state, local regulations and instructions.

Provide copies of the written notification and documentation that a verbal notification was made within 20 days. Spill response must be in accordance with 40 CFR 300 and applicable state and local regulations. Contain and clean up these spills without cost to the Government.

3.7.3.2 Clean Up

Clean up hazardous and non-hazardous waste spills. Reimburse the Government for costs incurred including sample analysis materials, clothing, equipment, and labor if the Government will initiate its own spill cleanup procedures, for Contractor- responsible spills, when: Spill cleanup procedures have not begun within one hour of spill discovery/occurrence; or, in the Government's judgment, spill cleanup is inadequate and the spill remains a threat to human health or the environment.

SECTION 01 57 19 Page 31

3.7.4 Mercury Materials

Immediately report to the Contracting Officer and Corps' Civil Works Environmental Compliance Coordinator instances of breakage or mercury spillage. Clean mercury spill area to the satisfaction of the Contracting Officer.

Do not recycle a mercury spill cleanup; manage it as a hazardous waste for disposal.

3.7.5 Wastewater

Disposal of wastewater must be as specified below.

3.7.5.1 Treatment

Do not allow wastewater from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, and forms to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction- related waste water in accordance with 40 CFR 403, state, regional, and local laws and regulations.

3.7.5.2 Surface Discharge

For discharge of ground water, obtain a state or federal permit specific for pumping and discharging ground water prior to surface discharging in accordance with federal, state, and local laws and regulations.

3.8 HAZARDOUS MATERIAL MANAGEMENT

Include hazardous material control procedures in the Safety Plan, in accordance with Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS. Address procedures and proper handling of hazardous materials, including the appropriate transportation requirements. Do not bring hazardous material onto Government property that does not directly relate to requirements for the performance of this contract. Submit an SDS and estimated quantities to be used for each hazardous material to the Contracting Officer prior to use. Typical materials requiring SDS and quantity reporting include, but are not limited to, oil and latex based painting and caulking products, solvents, adhesives, aerosol, and petroleum products. Use hazardous materials in a manner that minimizes the amount of hazardous waste generated. Containers of hazardous materials must have National Fire Protection Association labels or their equivalent. Certify that hazardous materials removed from the site are hazardous materials and do not meet the definition of hazardous waste, in accordance with 40 CFR 261.

3.9 PREVIOUSLY USED EQUIPMENT

Clean previously used construction equipment prior to bringing it onto the project site. Equipment must be free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. Consult with the U.S.

Department of Agriculture jurisdictional office for additional cleaning requirements.

3.10 CONTROL AND MANAGEMENT OF POLYCHLORINATED BIPHENYLS (PCBS)

Manage and dispose of PCB-contaminated waste in accordance with 40 CFR 761.

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3.11 CONTROL AND MANAGEMENT OF LIGHTING BALLAST AND LAMPS CONTAINING PCBS

Manage and dispose of contaminated waste in accordance with 40 CFR 761.

3.12 MILITARY MUNITIONS

In the event military munitions, as defined in 40 CFR 260, are discovered or uncovered, immediately stop work in that area and immediately inform the Contracting Officer.

3.13 PETROLEUM, OIL, LUBRICANT (POL) STORAGE AND FUELING

POL products include flammable or combustible liquids, such as gasoline, diesel, lubricating oil, used engine oil, hydraulic oil, mineral oil, and cooking oil. Store POL products and fuel equipment and motor vehicles in a manner that affords the maximum protection against spills into the environment. Manage and store POL products in accordance with EPA 40 CFR 112, and other federal, state, regional, and local laws and regulations. Use secondary containments, dikes, curbs, and other barriers, to prevent POL products from spilling and entering the ground, storm or sewer drains, stormwater ditches or canals, or navigable waters of the United States. Describe in the EPP (see paragraph ENVIRONMENTAL PROTECTION PLAN) how POL tanks and containers must be stored, managed, and inspected and what protections must be provided. Storage of fuel on the project site must be in accordance with EPA, state, and local laws and regulations and paragraph OIL STORAGE INCLUDING FUEL TANKS.

3.13.1 Used Oil Management

Manage used oil generated on site in accordance with 40 CFR 279. Determine if any used oil generated while onsite exhibits a characteristic of hazardous waste. Used oil containing 1,000 parts per million of solvents is considered a hazardous waste and disposed of at the Contractor's expense. Used oil mixed with a hazardous waste is also considered a hazardous waste. Dispose in accordance with paragraph HAZARDOUS WASTE

DISPOSAL.

3.13.2 Oil Storage Including Fuel Tanks

Provide secondary containment and overfill protection for oil storage tanks. A berm used to provide secondary containment must be of sufficient size and strength to contain the contents of the tanks plus 5 inches freeboard for precipitation. Construct the berm to be impervious to oil for 72 hours that no discharge will permeate, drain, infiltrate, or otherwise escape before cleanup occurs. Use drip pans during oil transfer operations; adequate absorbent material must be onsite to clean up any spills and prevent releases to the environment. Cover tanks and drip pans during inclement weather. Provide procedures and equipment to prevent overfilling of tanks. If tanks and containers with an aggregate aboveground capacity greater than 1320 gallons will be used onsite (only containers with a capacity of 55 gallons or greater are counted), provide and implement a SPCC plan meeting the requirements of 40 CFR 112. Submit the SPCC plan to the Contracting Officer for approval.

Monitor and remove any rainwater that accumulates in open containment dikes or berms. Inspect the accumulated rainwater prior to draining from a containment dike to the environment, to determine there is no oil sheen present.

SECTION 01 57 19 Page 33

3.14 INADVERTENT DISCOVERY OF PETROLEUM-CONTAMINATED SOIL OR HAZARDOUS

WASTES

If petroleum-contaminated soil, or suspected hazardous waste is found during construction that was not identified in the Contract documents, immediately notify the Contracting Officer. Do not disturb this material until authorized by the Contracting Officer.

3.15 CHLORDANE

Evaluate excess soils and concrete foundation debris generated during the demolition of housing units or other wooden structures for the presence of chlordane or other pesticides prior to reuse or final disposal.

3.16 SOUND INTRUSION

Make the maximum use of low-noise emission products, as certified by the EPA. Blasting or use of explosives are not permitted without written permission from the Contracting Officer, and then only during the designated times.

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

3.17 TURBIDITY/SILT CURTAIN CONSTRUCTION

Place the barrier prior to commencement of any work that could impact the area of concern. Ensure that the type of barrier used, and the deployment and maintenance of the barrier will minimize dispersion of turbid water from the excavation and dredging area.

Operate the turbidity barrier in such a manner to avoid or minimize the degradation of the water quality of surrounding waters.

The barrier shall have sufficient ballast to anchor the barrier along the channel bottom.

The Contractor shall immediately repair or replace defective or damaged portions of the turbidity curtain. The turbidity curtain will remain in place until such time that water contained within is free from turbidity.

The curtain shall be removed within 72 hours after this determination has been made. If required, the area behind the turbidity curtain will be cleaned prior to removal.

3.18 POST CONSTRUCTION CLEANUP

Clean up areas used for construction in accordance with Contract Clause:

"Cleaning Up". Unless otherwise instructed in writing by the Contracting Officer, remove traces of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work.

-- End of Section --

SECTION 01 57 19 Page 34

O&M Dredging Port Allen Harbor

Section 01 90 00

(Am-0004)

S-4.1 JOINT VENTURE OFFERORS (JUN 2003)

All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section

00 45 00, Representations and Certifications and register in System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/#1.

[End of Statement]

S-5 FOREIGN-BUILT DREDGES AND TRANSPORTATION OF DREDGED MATERIAL (AUG 2005)

Bidders are reminded that the contract to be awarded under this solicitation is subject to both the Act of May 28, 1906, commonly known as “the Foreign Dredge Act” (codified at 46 U.S.C. App. 292) and the Merchant Marine

Act of 1920 (codified at 46 U.S.C. App. 883).

For the purposes of this solicitation, in very broad and general terms, the above Acts generally indicate that foreign-built dredges shall not engage in dredging in the United States and that merchandise, including the dredged material under this contract, must be transported by vessels built in and documented under the laws of the United States and owned by persons who are citizens of the United States. Exceptions to these general statements do exist; any inquires regarding the applicability of the exceptions to a specific dredge or vessel should be directed to the

Contracting Officer.

[End of Statement]

S-19.1 APPROVAL OF SUBCONTRACTING PLAN

If the Contract Clause in this solicitation entitled "Small Business Subcontracting Plan" or its Alternate I or II applies, no award will be made until the subcontracting plan under the stated clause is approved.

[End of Statement]

S-19.3 SMALL DISADVANTAGED BUSINESS GOAL FOR SMALL BUSINESS SUBCONTRACTING

PLAN

When a small business subcontracting plan is required by FAR clause entitled, “SMALL BUSINESS

SUBCONTRACTING…