SJ Stockton Amendment 1 FINAL 5.8.2024.pdf
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- Solicitation number
- W912P724B0003
About this file
This document appears to be a solicitation amendment (SF-30) for a federal contract opportunity for the annual maintenance dredging of the San Joaquin River/Port of Stockton Deep Water Ship Channel (DWSC) in California. The key details are:
The contract requires dredging the specified dredge reaches to -35-ft MLLW plus 1-ft of allowable paid overdepth, except for the Sediment Trap which shall be dredged to -38.5-ft MLLW with 1-ft of allowable paid overdepth. All dredge material is suitable for government-furnished upland disposal sites, and may also be suitable for beneficial reuse at contractor-furnished sites. Dredging shall begin at the downstream end of the channel and continue upstream. The environmental work window is August 1 to November 30. The Contractor is responsible for fish monitoring, water quality monitoring, and dredge material placement site preparation and management. The specified bid opening date has changed from May 9, 2024 to May 20, 2024.
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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
1. CONTRACT ID CODE PAGE OF PAGES
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 W912P724B0003
X 9B. DATED (SEE ITEM 11)
09-Apr-2024
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
U0001
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3.EFFECTIVE DATE
7-MAY-2024
CODE
USACE, SAN FRANCISCO DISTRICT
450 GOLDEN GATE
SAN FRANCISCO CA 94102
W912P7 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
Please see summary of changes on page 2.
x
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
(End of Summary of Changes)
1. Plans: Chiefs signatures were added on the coversheet.
2. Specifications Updated: See the track changes on the following pages.
*Bid Schedule, Page 7 – 10 of 803
Bid quantity updated.
*01 11 00, SUMMARY OF WORK , Page 134 of 803 Para 1.1.1 (g) 1.1.2(d)
1.4
*01 57 19, TEMPORARY ENVIRONMENTAL CONTROLS, Page 218 of 803
Para. 1.5
1.8 (2)
1.12 (l) 3.1.4 3.1.5 3.1.5.1 3.1.5.2
* 35 20 23,DREDGING, Page 249 of 803 Para. 1.3.1.1
* Deleted Attachment, Page of 455-520 of
3. Updated Section 00 73 00 and included Preaward Survey.
4. Updated Seciton 00 10 00 to reflect new bid opening and due date.
5. Wage determination CA20230018 has been updated to reflect latest version of the wage determination posted on 4/26/2024.
6. Posting the inquiries received and responses on SAM Solicitation Posting.
SECTION 00 10 00 - SOLICITATION
The required response date/time has changed from 09-May-2024 11:59 AM to 20-May-2024 11:59 PM.
(End of SECTION 00 10 00 Changes)
W912P724B0003 U0001
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W912P724B0003
Contract Line Item No.(CLIN)
Description of Supplies and Services *Quantity Unit Unit
Price($) Amount($)
0001 Mobilization, Demobilization and Disposal Site Prep 1 Job
0002 Dredge Reach 1 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
3,000 CY
0003 Dredge Reach 2 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
2,700 CY
0004 Dredge Reach 3 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,400 CY
0005 Dredge Reach 4 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
3,500 CY
0006 Dredge Reach 5 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
4,500 CY
0007 Dredge Reach 6 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
5,600 CY
SECTION 00 10 00
PRICING SCHEDULE
SAN JOAQUIN/STOCKTON DWSC FY24 MAINTENANCE DREDGING
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3,500
3,000
1,700
6,700
5,200
7,000
W912P724B0003
0008 Dredge Reach 7 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
41,000 CY
0009 Dredge Reach 8 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
6,200 CY
0010 Dredge Reach 9 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
2,000 CY
0011 Dredge Reach 10 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,300 CY
0012 Dredge Reach 11 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,600 CY
0013 Dredge Reach 12 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,000 CY
0014 Dredge Reach 13 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,000 CY
0015 Dredge Reach 14 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,000 CY
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47,000
7,300
1,200
3,100
3,300
1,300
W912P724B0003
0016 Dredge Reach 15 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,000 CY
0017 Dredge Reach 16 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,000 CY
1,000 CY
3,500 CY
00020
4,800 CY
00021
5,900 CY
33,000 CY
Dredge Reach 17 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
Dredge Reach 18 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
Dredge Reach 19 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
Dredge Reach 20 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
Dredge Reach 21 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
Dredge Reach 22 to -38.5-ft MLLW with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
25,000 CY
0024 Dredge Reach 23 to -35-ft MLLW plus 1 foot of paid Over-depth with disposal at Government-furnished upland site or Contractor-furnished upland beneficial reuse site
1,000 CY
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1,500
3,000
9,400
7,700
11,000
1,100
W912P724B0003
Total (Item 0001 and 0024)
Notes:
1 .
2 .
3 .
4 .
5 .
6 .
7 .
8 .
End of Document
CLIN 001's reference to site prep refers only to sites the bidder anticipates using for disposal.
The Government reserves the right to direct the Contractor to place dredged material at an environmentally acceptable alternate disposal site in accordance with the Change Clause FAR 52.243-4.
The Contractor shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto.
Dredged material placement shall meet the requirements in Specification Section
01 11 00 SUMMARY OF WORK.
152,000 CY + 1 Job
* - ALL QUANTITIES ARE ESTIMATES. SEE FAR 52.211-18, SECTION 00 72 00 (GENERAL CONDITION)
OF THE CONTRACT.
To be considered responsive, prices must be submitted on all individual items within Pricing Schedule. Failure to do so may be cause for rejection of bids.
Bidders must complete and submit attached “Dredging Plant and Equipment Schedule”, forms Page 1 and Page 2 as part of their solicitation package for bid evaluation. Failure to do so may cause the bid to be considered nonresponsive. The Contractor shall demonstrate that all necessary equipment will be available and committed to this contract.
The term "Job", which appears on the Pricing Schedule (Section 00 01 00) under “Unit” for Bid Item No. 0001 shall be considered as a Lump Sum. The Variation in Estimated Quantities contract clause, FAR 52.211-18, shall not apply to Bid Item No. 0001.
BASIS of AWARD: The contract will be awarded in accordance with FAR 52.214-19 Contract Award – Sealed Bidding – Construction.
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131,200
W912P724B0003
San Joaquin - Stockton DWSC FY24 Dredging W912P724B0003
SECTION 01 11 00
SUMMARY OF WORK
08/11
PART 1 GENERAL
1.1 PROJECT DESCRIPTION
The work includes annual maintenance dredging of the federal navigation channel in the San Joaquin River / Port of Stockton Deep Water Ship
Channels (DWSC),which cannot begin before 1 August in any year and must be completed by 30 November. The period of performance will not be extended to the following calendar year.
1.1.1 Requirements
a. Dredge the specified dredge reaches to -35-ft MLLW plus 1-ft of allowable paid overdepth in San Joaquin River / Stockton DWSC in all
Reaches, except for the Sediment Trap, which shall be dredged to
-38.5-ft MLLW with 1-ft of allowable paidoverdepth. All dredge material is suitable for Government furnished upland sites at Antioch
Dunes,Scour Pond, Bradford Island, Mandeville, Tule Island, Roberts
Island II, Roberts Island I, Rough and Ready Island . Dredge material may be suitable for beneficial reuses at Contractor furnished sites in accordance with the permit requirements of the specific reuse sites.
The most recent sediment sampling report is attached at the end of the specification package.
b. Dredging operations in the San Joaquin River / Stockton DWSC shall begin at the downstream end of the channel (dredge reach 1) and continue in ascending order towards the upstream of the channel.
c. If a second dredge plant is used, dredging operations shall follow the order of the aforementioned requirement (item b). Multiple dredge plants shall not work in the same dredge reach.
d. The Contractor is responsible for hiring a 3rd party Contractor to fulfill the requirements of fish monitoring and water quality monitoring tasks. Upon request by the Government, the Contractor shall also coordinate with Government personnel to allow oversight of the monitoring efforts.
e. Fish entrainment monitoring shall be performed on at least 30% of the dredged material.
f. If Government furnished upland dredged material placement sites are used, the Contractor shall notify the Government 72 hours prior to starting site work at Government-furnished placement sites.
g. This project can be dredged either with a clamshell dredger or a hydraulic cutterhead dredger. If a hydraulic cutterhead dredger is used, the hydraulic cutterhead plant(s) shall have a minimum of 16-in diameter pipeline and 1,800 horsepower for the main pump engine.
h. The Contractor is responsible for dredge material placement site preparation and dredge material management. See Section TEMPORARY
ENVIRONMENTAL CONTROLS 01 57 19 for additional requirements.
SECTION 01 11 00 Page 1 April 04, 2024
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W912P724B0003
1.1.2 Constraints
a. The environmental work window for the Stockton DWSC is from 1 August to 30 November. Some work such as disposal site preparations and pipe assembly can begin prior to 1 August upon Contracting Officer or delegated representative approval.
b. All diesel-powered equipment must meet California Air Board emissions requirements.
c. Contractor is allowed a total accidental take of not more than 5 delta smelt (a listed endangered species) as stipulated in the USFWS biological opinions from the San Joaquin River / Stockton DWSC for the entire contract.
d. Contractor must be in compliance with the Memorandum of Understanding
Resolution R5-2019-0041 (MOU) (for hydraulic pipeline dredging) or WDR
Order R5-2022-0052 (WDR) (for clamshell dredging) with the Central
Valley Regional Water Quality Control Board (CVRWQCB). See Section
TEMPORARY ENVIRONMENTAL CONTROLS 01 57 19.
1.2 MEETINGS
1.2.1 Preconstruction Conference
The preconstruction conference will be held at such time and location as determined by the Contracting Officer or delegated representative for purposes of discussing and developing mutual understanding between the
Contracting Officer or delegated representative and the Contractor's
Representatives regarding the terms, conditions, and requirements of the contract. Members of the conference from the Government will include the quality assurance staff, the Contracting Officer or delegated representative, and construction staff. Members from the Contractor shall include the dredge master, chief hydrographic surveyor, and the quality control staff. The discussion will include, but will not be limited to, the following:
- Contractor supervisory and quality control project staff
- Correspondence procedures
- Accident Prevention Plan
- Operations and Water Quality monitoring Plan
- Lines of communication and communication protocols
- Pollution control program
- Quality Control and Hydrographic Surveying
- Project scheduling and payment procedures
- Resident Management System (RMS-QC)
- Other subjects that may be of interest to the contracting parties
- Schedule of Weekly Meeting
1.3 CONTRACTOR PERFORMANCE EVALUATIONS
In accordance with the provisions of Subpart 36.201(Evaluation of
Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers
SECTION 01 11 00 Page 2 April 04, 2024
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W912P724B0003
(USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. The USACE uses the web-based
Construction Contractor Performance Assessment Reporting System (CPARS) to document contractor's performance and prepare performance reports. After an evaluation (interim or final) is written up by the USACE, the
Contractor may access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires Public Key Infrastructure
(PKI) certification. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. This certification is purchased from an External Certificate
Authorities (ECA) vendor. Contractor access to CPARS is required for
Contractor participate in the performance evaluation process. PKI certification is required for Contractor access to CPARS. PKI certification is the sole responsibility of the Contractor. Current information about the PKI certification process and known PKI vendors can be found on the web site: http://www.cpars.gov/.
1.4 PERMITS
The Contractor shall obtain and comply with all licenses and permits required by Federal, State, and local laws, codes, and regulations unless otherwise specified in these contract documents. The Government has provided the requirements of (1)The Memorandum of Understanding (MOU) of the California Regional Water Quality Control Board,(2) The Central Valley
Regional Water Quality Control Board Waste Discharge Requirements for
Maintenance Dredging Operations Order R5-2022-0052 (WDR),(3)The Fisheries
Service (NMFS) Stockton Deep Water Ship Channel Biological Opinion
(2016-2025),(4)The United States Fish and Wildlife Service (USFWS)
Stockton Deep Water Ship Channel Biological Opinion (2023-2028). The
Contractor shall comply with these requirements and provisions in these contract specifications included in Sections TEMPORARY ENVIRONMENTAL
CONTROLS 01 57 19 and DREDGING 35 20 23.
1.5 PUBLIC SAFETY
The Contractor shall provide guard personnel as required to provide protection in the interest of public safety. Whenever the Contractor's operations create a condition hazardous to the public, he shall furnish at his own expense and without cost to the Government, such guards as are necessary to give adequate warning to the public of any dangerous conditions to be encountered, and he shall furnish, erect, or maintain such lights, signs and other devices as are necessary to prevent accidents and to avoid damage or injury to the public. Flagmen and guards, while on duty and assigned to give warning to the public that the dredging is being accomplished, and of any dangerous conditions to be encountered as a result thereof, shall be equipped with appropriate safety equipment and a red flag. Signs, flags, lights, and other warning and safety devices shall conform to applicable city, county, and state requirements. Should the Contractor appear to be negligent in furnishing adequate warning and protective measures, the Contracting Officer or delegated representative will direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the
Contractor without additional cost to the Government. The installation of any general illumination shall not relieve the Contractor of his responsibility for furnishing and maintaining all devices necessary to provide protection to all parties concerned.
SECTION 01 11 00 Page 3 April 04, 2024
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W912P724B0003
Water Quality Monitoring Records; G
Fish Entrainment And Biological Resources Monitoring Report; G
1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS
Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during construction practice.
Plan for and provide environmental protective measures required to correct conditions that develop during dredging. Protect the environmental resources within the project boundaries and those affected outside the limits of work during the entire duration of this Contract. Comply with federal,state,and local regulations pertaining to the environment, including water, air, solid waste, hazardous waste and substances, oily substances, and noise pollution.
Tests and procedures assessing whether construction operations comply with
Applicable Environmental Laws may be required. Analytical work must be performed by qualified laboratories; and where required by law, the laboratories must be certified.
1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS
The Contractor shall conduct dredging, material placement, and any discharge of decant water from dredged material placement sites in accordance with Biological Opinions (BOs) and associated Addendums of U.S.
Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric
Administration (NOAA) and in a manner that meets the water quality criteria laid out in the Memorandum of Understanding (MOU) Resolution
R5-2019-0041 with the Central Valley Regional Water Quality Control Board
(CVRWQCB) for hydraulic pipleline dredging and of CRWQCB Waste Discharge
Requirements for Maintenance Dredging Operations Order R5-2022-0052 (WDR) for clamshell dredging. Additional BMPs like discharge management and turbidity curtains may be required at some sites to meet the criteria.
The contractor is responsible for maintaining regular communication to its fish and water quality monitoring staff regarding when and where dredging and material placement will be occurring, when discharge from dredged material placement sites will begin and end, if there are any unexpected discharges, etc. The contractor shall give the monitoring staff as much notice of these items as possible.
1.6 QUALITY ASSURANCE
1.6.1 Preconstruction Survey and Protection of Features
This paragraph supplements the Contract Clause PROTECTION OF EXISTING
VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, perform a Pre-dredge Survey of the project site with the Contracting Officer or delegated representative, and take photographs showing existing environmental conditions in and adjacent to the site. Submit a report for the record.
Include in the report 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
SECTION 01 57 19 Page 7 April 04, 2024
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W912P724B0003 adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. The Contractor and the
Contracting Officer or delegated representative will sign this survey report upon mutual agreement regarding its accuracy and completeness.
Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the Contract.
1.6.2 Environmental Brief
Attend an environmental brief to be included in the pre-dredge meeting.
Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the installation; and types and quantities of wastes/wastewater that may be generated during the Contract.
Discuss the results of the Preconstruction Survey at this time.
Prior to initiating any work on site, meet with the Contracting Officer or delegated representative and USACE Environmental Team to discuss the proposed Environmental Protection Plan (EPP). The Contractor shall use this brief to develop a mutual understanding relative to the details of environmental protection, including measures for protecting natural and cultural resources, required reports, required permits, permit requirements (such as turbidity monitoring and mitigation measures), and other measures to be taken.
1.6.3 Employee Training Records
Prepare and maintain Employee Training Records throughout the term of the contract meeting applicable 40 CFR requirements. Provide Employee
Training Records in the Environmental Records Binder.
Train personnel to meet state requirements. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Conduct additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, waters of the United States, and endangered species and their habitat that are known to be in the area.
1.6.4 Non-Compliance Notifications
The Contracting Officer or delegated representative will notify the
Contractor in writing of any observed noncompliance with federal, state or local environmental laws or regulations, permits, and other elements of the Contractor's EPP. After receipt of such notice, inform the
Contracting Officer or delegated representative of the proposed corrective action and take such action when approved by the Contracting Officer or delegated representative. 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 or delegated representative may take under the contract, or in accordance with the Federal Acquisition Regulation or
Federal Law.
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1.6.4.1 Mis-Dumping of Dredge Material Notification Procedure
Contractor shall immediately notify the Government COR, Government
Representative, and the Government Environmental Representative in the event of a draft loss occurs of 2 feet or greater. In the event that a draft loss has occurred scow shall be removed from rotation and inspected.
Inspection report shall be provided to the Government. If required by resource agencies, testing of contaminants shall be performed at no cost to the Government."
(a) E-Mail Alerts: The third-party system must also generate and distribute "e-mail alerts" regarding any degree of apparent dumping outside the project placement site ("mis-dumping"), and regarding any apparent substantial leakage/spillage or other loss of material en route to the project placement site.? Substantial leakage/spillage or other loss shall be defined as an apparent loss of draft of one foot or more between the time that the disposal vessel begins the trip to the project placement site and the time of actual disposal.? E-mail alerts for any disposal trip must be sent within 24 hours of the end of that trip to project placement site.
(b) 24-Hour Notification Requirement for Potential Leaks or Mis-Dumps: The permittee shall report any anticipated, potential, or actual variances from compliance with these project placement sites, and any additional project-specific Special Conditions, to the Government COR within 24 hours of discovering such a situation.? In addition, the permittee shall prepare and submit a detailed report of any such compliance problems on a weekly basis by noon Monday, to the to the Government COR.? These reports shall describe the cause(s) of the problems, any steps taken to rectify the problems, and whether the problems occurred on subsequent disposal trips.
1.7 ENVIRONMENTAL PROTECTION PLAN
The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during dredging. Include in the EPP measures for protecting natural and cultural resources, required reports, and other measures to meet the turbidity limits and other requirements in the MOU with the Central Valley Regional
Water Quality Control Board (CVRWQCB). Contingency plans should be discussed in the EPP that explain what actions will be taken if minimum freeboard isn't being maintained, if turbidity requirements are not being met, or if an adverse incident occurs. See 1.6.2 for requirements for pre-meeting with the Government prior to preparing the EPP for initial submission. Submit the EPP within 15 days after Contract award and not less than 10 days before the preconstruction meeting. Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During dredging, identify, implement, and submit for approval any additional requirements to be included in the EPP. Maintain the current version onsite.
The EPP includes, but is not limited to, the following elements:
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1.7.1 General Overview and Purpose
1.7.1.1 Descriptions
A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as spill control plan, solid waste management plan, wastewater management plan, air pollution control plan, contaminant prevention plan, biological resources and wetlands plan, Non-Hazardous Solid Waste Disposal Plan.
1.7.1.2 Duties
The duties and level of authority assigned to the person(s) on the job site who oversee environmental compliance, such as who is responsible for adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), and who is responsible for training the Contractor's environmental protection personnel.
1.7.1.3 Procedures
A copy of any standard or project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.
1.7.1.4 Communications
Communication and training procedures that will be used to convey environmental management requirements to Contractor employees and subcontractors.
1.7.1.5 Contact Information
Emergency contact information (office phone number, cell phone number, and e-mail address).
1.7.2 General Site Information
1.7.2.1 Drawings
Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, jurisdictional wetlands, material storage areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess soil.
1.7.2.2 Work Area
Work area plan showing the proposed activity in each portion of the area and identify the areas of limited use or nonuse. Include measures for marking the limits of use areas, including methods for protection of features to be preserved within authorized work areas and methods to control runoff and to contain materials on site, and a traffic control plan.
1.7.2.3 Documentation
A letter signed by an officer of the firm appointing the CQC System
Manager and stating that person is responsible for managing and
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W912P724B0003 implementing the Environmental Program as described in this contract.
Include in this letter the CQC System Manager's authority to direct the removal and replacement of non-conforming work.
1.7.3 Management of Natural Resources
a. Fish and wildlife resources
b. Wetland areas
1.7.4 Protection of Historical and Archaeological Resources
a. Objectives
b. Methods
1.7.5 Protection of the Environment from Waste Derived from Contractor
Operations
Control and disposal of solid and sanitary waste. Control and disposal of hazardous waste.
This item consist of the management procedures for hazardous waste to be generated. The elements of those procedures will coincide with the
Installation Hazardous Waste Management Plan. The Contracting Officer or delegated representative will provide a copy of the Installation Hazardous
Waste Management Plan. As a minimum, include the following:
a. List of the types of hazardous wastes expected to be generated
b. Procedures to ensure a written waste determination is made for appropriate wastes that are to be generated
c. Sampling/analysis plan, including laboratory method(s) that will be used for waste determinations and copies of relevant laboratory certifications
d. Methods and proposed locations for hazardous waste accumulation/storage (that is, in tanks or containers)
e. Management procedures for storage, labeling, transportation, and disposal of waste (treatment of waste is not allowed unless specifically noted)
f. Management procedures and regulatory documentation ensuring disposal of hazardous waste complies with Land Disposal Restrictions (40 CFR 268
g. Management procedures for recyclable hazardous materials such as lead-acid batteries, used oil, and similar
h. Used oil management procedures in accordance with 40 CFR 279;
Hazardous waste minimization procedures
i. Plans for the disposal of hazardous waste by permitted facilities; and
Procedures to be employed to ensure required employee training records are maintained.
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1.7.6 Operation and Prevention of Releases to the Environment
a. Name and location of Dredge Material Placement (DMP) sites to be used;
b. Operation plan for DMP sites, with discharge points if applicable;
c. Approximate available capacity (cubic meters volume) of the DMP sites;
d. Expectation of discharge of effluent to receiving waters;
e. Calculations for minimum holding times required for dredge slurry before effluent discharge to receiving waters, if applicable;
f. Description of dredge material handling equipment;
g. Method of transporting dredged materials to placement sites;
h. Expected dredging rate in cubic yards per day;
i. Schedule with hours of operation and estimated days to complete project
j. Best management practices to be implemented during dredging operations to prevent impacts to water quality;
k. Measures to meet the turbidity limits and other requirements in the
Memorandum of Understanding and/or General Order with the Central
Valley Regional Water Quality Control Board (CVRWQCB). Contingency plans should be discussed in that explain what actions will be taken if minimum freeboard isn't being maintained, if turbidity requirements are not being met, or if an adverse incident occurs.
l. Plans for Notifications in the event of an unplanned release to the environment
1.7.7 Clean Air Act Compliance
1.7.7.1 Pollution Generating Equipment
Identify air pollution generating equipment or processes that may require federal, state, or local permits under the Clean Air Act. Determine requirements based on any current installation permits and the impacts of the project. Provide a list of all fixed or mobile equipment, machinery or operations that could generate air emissions during the project to the
USACE Environmental Team.
In accordance with 40 CFR § 51.853(c)(2)(ix), the USACE has determined that the proposed agency action is exempt from the requirement to prepare a conformity determination with the State Implementation Plan under the
Clean Air Act because the project consists of maintenance dredging, no new depths are required, and disposal would be at approved disposal sites.
The Contractor shall be responsible for compliance with all Bay Area Air
Quality Management District (BAAQMD) regulations and standards including obtaining a permit if necessary, for operation of a stationary source of air pollutants. Mechanical failures resulting in violations of particulate matter or sulfur compounds (Regulation #2) would be handled through application for a variance from the BAAQMD.
Unless "optimized" or diesel powered equipment with the "Best Available
Control Technology" (BACT) emission devices are used, injection timing on diesel powered dredges and equipment shall be retarded two degrees from manufacturer's recommended setting to reduce air pollutant emissions.
Reformulated diesel fuel shall be used for all diesel powered dredges and equipment to reduce air pollutant emissions. Reformulated diesel fuel shall be a low sulfur, reduced aromatics diesel fuel meeting the following specifications, unless otherwise approved by the Contracting Officer or delegated representative: (1) Sulfur content less than 0.05 percent by
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W912P724B0003 weight and (2) Aromatics content less than 20 percent by volume Prior to dredging or construction operations, the Contractor shall submit certification from the fuel supplier or manufacturer stating that the fuel contents meet the above requirements and proof of reformulated diesel fuel purchase of the above specified fuel shall be submitted to the Contracting
Officer or delegated representative.
Dredges and equipment shall not be allowed to idle when not required in performing the work.
1.7.7.2 Stationary Internal Combustion Engines
Identify portable and stationary internal combustion engines that will be supplied, used or serviced. Comply with 40 CFR 60 Subpart IIII, 40 CFR 60
Subpart JJJJ, 40 CFR 63 Subpart ZZZZ, and local regulations as applicable. At minimum, include the make, model, serial number, manufacture date, size (engine brake horsepower), and EPA emission certification status of each engine. Maintain applicable records and log hours of operation and fuel use. Logs must include reasons for operation and delineate between emergency and non-emergency operation.
1.7.7.3 Refrigerants
Identify management practices to ensure that heating, ventilation, and air conditioning (HVAC) work involving refrigerants complies with 40 CFR 82 requirements. Technicians must be certified, maintain copies of certification on site, use certified equipment and log work that requires the addition or removal of refrigerant. Any refrigerant reclaimed is the property of the Government, coordinate with the USACE Environmental Team to determine the appropriate turn in location.
1.7.7.4 Air Pollution-engineering Processes
Identify planned air pollution-generating processes and management control measures (including, but not limited to, spray painting, abrasive blasting, demolition, material handling, fugitive dust, and fugitive emissions). Log hours of operations and track quantities of materials used.
1.7.7.5 Compliant Materials
Provide the Government a list of and SDSs for all hazardous materials proposed for use on site. Materials must be compliant with all Clean Air
Act regulations for emissions including solvent and volatile organic compound contents, and applicable National Emission Standards for
Hazardous Air Pollutants requirements. The Government may alter or limit use of specific materials as needed to meet installation permit requirements for emissions.
1.8 LICENSES AND PERMITS
Obtain licenses and permits required for the dredging of the project and in accordance with FAR 52.236-7 Permits and Responsibilities. Notify the
Government of all general use permitted equipment the Contractor plans to use on site.
a. The following certifications and approvals were obtained by the
Government and are attached:
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(1) The Memorandum of Understanding (MOU) Resolution
R5-2019-0041 with the Central Valley Regional Water Quality
Control Board
(2) The Central Valley Regional Water Quality Control Board Waste
Discharge Requirements for Maintenance Dredging Operations Order
R5-2022-0052 (WDR)
(3) The Fisheries Service (NMFS) Stockton Deep Water Ship Channel
Biological Opinion (2016-2025)
(4) The United States Fish and Wildlife Service (USFWS) Stockton Deep
Water Ship Channel Biological Opinion (2023-2028)
1.9 ENVIRONMENTAL RECORDS BINDER
Maintain on-site a separate electronic Environmental Records Binder and submit at the completion of the project. Make separate parts within the binder that correspond to each submittal listed under paragraph CLOSEOUT
SUBMITTALS in this section.
1.10 SOLID WASTE MANAGEMENT PERMIT
Provide the Contracting Officer or delegated representative with written notification of the quantity of anticipated solid waste or debris that is anticipated or estimated to be generated by construction. Include in the report the locations where various types of waste will be disposed or recycled. Include letters of acceptance from the receiving location or as applicable; submit one copy of the receiving location state and local
Solid Waste Management Permit or license showing such agency's approval of the disposal plan before transporting wastes off Government property.
1.10.1 Solid Waste Management Report
Monthly, submit a solid waste disposal report to the Contracting Officer or delegated representative. For each waste, the report will state the classification (using the definitions provided in this section), amount, location, and name of the business receiving the solid waste.
1.11 FACILITY HAZARDOUS WASTE GENERATOR STATUS
Not Used.
1.12 OPERATIONS AND WATER QUALITY MONITORING PLAN
Within 15 days after issuance of notice to proceed, the Contractor shall submit an Operations and Water Quality Monitoring Plan to the government.
The plan shall cover the following:
a) Name and location of Dredge Material Placement Site (DMPS) to be used;
b) Operation plan for DMPSs, with discharge points if applicable;
c) Approximate available capacity (cubic meters volume) of the DMPS;
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d) Expectation of discharge of effluent to receiving waters;
e) Calculations for minimum holding times required for dredge slurry before effluent discharge to receiving waters, if applicable;
f) Description of dredge material handling equipment;
g) Method of transporting dredged materials to placement sites;
h) Expected dredging rate in cubic yards per day;
i) Schedule with hours of operation and estimated days to complete project;
j) Best management practices to be implemented during dredging operations to prevent impacts to water quality;
k) Brief description of the equipment to be used for water quality parameter monitoring (such as brand, model number, etc.) and calibration procedures
l) Water Quality Field Forms that will be used;
m) Measures to meet the turbidity limits and other requirements in the
Memorandum of Understanding Resolution R5-2019-0041 (MOU, for hydraulic pipeline dredging) or WDR Order R5-2022-0052 (WDR, for clamshell dredging) with the Central Valley Regional Water Quality Control Board (CVRWQCB).
Contingency plans should be discussed that explain what actions will be taken if minimum freeboard isn't being maintained, if turbidity requirements are not being met, or if an adverse incident occurs.
1.13 FISH ENTRAINMENT AND BIOLOGICAL RESOURCES MONITORING
WORK PLAN
The Contractor shall prepare and submit a fish entrainment and biological resources monitoring work plan 30 days after contract award following the guidelines set forth by the Fish Monitoring and Water Quality
Plan for the Stockton Deep Water Ship Channel and Sacramento Deep Water
Ship Channel Maintenance Dredging and Dredged Material Placement Projects prepared by Mari-Gold Environmental Consulting Inc. for the U.S. Army Corps of Engineers, March 2011, Sacramento, California. The Contractor will submit a draft work plan to the Corps for review and comment, including a description of attaining 30% monitoring goal or higher if operating in an extension period, and a final work plan for Corps approval prior to initiating fish entrainment monitoring activities.
The work plan must also cover how pre-ground disturbance DMPS surveys will be conducted. The main goal of these surveys is to prevent adverse effects to terrestrial species in accordance with the BO's. The work plan should specify how the contractor will transit to each DMPS in advance of ground disturbance, as some DMPS are only accessible via boat or ferry.
The work plan must also identify how the Contractor will appropriately clean all previously used monitoring equipment prior to bringing it onto the project site. The Contractor must ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. Consult with the USDA jurisdictional office for additional cleaning requirements. The Contractor's plan shall identify the fish entrainment monitoring biologist(s) who will be conducting the monitoring.
The fish entrainment monitor(s) monitoring the screen shall be trained and permitted to handle applicable ESA and CESA listed fish. Copies of the permits must be appended to the workplan prior to acceptance. The biologist(s) shall be experienced with Delta fish identification, use careful and limited handling, and take efforts to return all encountered fish back to sampled waters unharmed.
In addition, the work plan must identify how the Contractor shall maintain
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W912P724B0003 permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.
The work plan must also identify how the Contractor will clean up all areas used for monitoring. At a minimum, unless otherwise instructed in writing by the Contracting Officer or delegated representative, obliterate all signs of temporary monitoring 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. The disturbed area used for monitoring task must be restored and the entire area seeded unless otherwise indicated.
1.14 ENVIRONMENTAL COMPLIANCE WORK PLAN REVIEW MEETING
After submittal of Operations and Water Quality Monitoring Work Plan and
Fish Entrainment and Biological Resources Monitoring Work Plan but prior to workplan acceptance, the contractor shall schedule a meeting with the government to cover the following:
A) Review and discuss the workplans to ensure understanding by all parties
B) Resolve any outstanding comments on the workplans
C) Review with contracted personnel the requirements of governing documents including but not limited to the CVRWQCB MOU and Biological
Opinions
D) Review lines of communication with the government and expectations of coordination and communication
E) Discuss any other concerns pertinent to environmental compliance
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
3.1 PROTECTION OF NATURAL RESOURCES
Minimize interference with, disturbance to, and damage to fish, wildlife, and plants, including their habitats. Prior to the commencement of activities, consult with the Government, regarding rare species or sensitive habitats that need to be protected. The protection of rare, threatened, and endangered animal and plant species identified, including their habitats, is the Contractor's responsibility. The following special status species are known to occur and could be affected within the construction area: green sturgeon, Chinook salmon, steelhead, valley elderberry longhorn beetle, and delta smelt, and giant garter snake.
Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work that is consistent with the requirements of the USACE Environmental Team or as otherwise specified. Confine construction activities to within the limits of the work indicated or specified.
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3.1.1 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.
3.1.2 Vegetation
Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Contracting Officer's or delegated representative's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the
Contracting Officer or delegated representative. 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 or delegated representative and USACE Environmental Team to determine appropriate action for trees and other landscape features scarred or damaged by equipment operations.
3.1.3 Streams
Stream crossings must allow movement of materials or equipment without violating water pollution control standards of the federal, state, and local governments. Construction of stream crossing structures must be in compliance with any required permits including, but not limited to, Clean
Water Act Section 404, and Section 401 Water Quality.
The Contracting Officer's or delegated representative's…
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