Am01_W912PL-20-B-0001_SantaBarbara_Dredging.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0001 Oct 29, 2019

USACE - Los Angeles District Contracting Division, West Region Branch 915 Wilshire Blvd Los Angeles, CA 90017

W912PL-20-B-0001

Oct 2, 2019

Santa Barbara Harbor Maintenance Dredging, Santa Barbara County, CA Replace the following sections:

* 00 45 00 - Representations and Certifications - change to paragraph 52.204-8 - ANNUAL REPRESENTATIONS AND CERTIFICATIONS, sub-paragraph (a) (2) on page 2.

* 01 57 19 - Temporary Environmental Controls - change to paragraph 3.1.5.1 TIDEWATER GOBY MONITORING AND AVOIDANCE PLAN, sub-paragraph b. 2) on page 8.

* 35 20 23 - Dredging - change to paragraph 3.6.1 SAMPLING, sub-paragraphs b. and c. pages 10 and 11.

Santa Barbara Harbor Maintenance Dredging W912PL-20-B-0001 Santa Barbara County, CA

Table of Contents Amendment 1

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SF-1442 Solicitation, Offer and Award

00 01 05 Certification Page 00 10 00 Contract Line Item Number (CLIN) Schedule 00 20 00 Instructions for Procurement 00 21 13 Instructions to Bidders

00 45 00 Representations and Certifications Am1 00 70 00 Conditions of the Contract 00 73 00 Supplementary Conditions 00 73 46 Wage Rates

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 22 00 Price and Payment Procedures 01 32 01 Project Schedule 01 33 00 Submittal Procedures 01 33 00a Submittal Register 01 35 26 Governmental Safety Requirements

01 42 00 Sources for Reference Publications 01 45 00 Quality Control 01 45 01 Resident Management System Contractor Mode (RMS CM) 01 50 00 Temporary Construction Facilities and Controls 01 57 19 Temporary Environmental Controls Am1 01 78 00 Closeout Submittals

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 Dredging Am1 35 20 23a Plan View of Dredge Reaches

APPENDIX A – Santa Barbara Harbor Geotechnical Appendix – Sampling and Analysis Report – May 2016

-- End of Project Table of Contents --

Santa Barbara Harbor Maintenance Dredging W912PL20B0001 Santa Barbara, CA

00 45 00 - 1 Amendment 1

Section 00 45 00 - Representations and Certifications

Table of Contents

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 5

52.209-7 INFORMATION REGARDING RESPONSIBILIITY MATTERS (OCT 2018)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION

UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019)

00 45 00 - 2 Amendment 1

Section 00 45 00 - Representations and Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $30,000,000.00 : Dredging and Surface Cleanup Activities (See Note 2):

NOTE 2: NAICS code 237990 – Dredging: To be considered small for purposes of Government procurement, a firm must perform at least 40 percent of the volume dredged with its own equipment or equipment owned by another small dredging concern.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(XXX) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated in bold:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

00 45 00 - 3 Amendment 1

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

00 45 00 - 4 Amendment 1

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

00 45 00 - 5 Amendment 1

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILIITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

https://www.sam.gov/

00 45 00 - 6 Amendment 1

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

https://www.sam.gov/

00 45 00 - 7 Amendment 1

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL

VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.

112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018)

(a) Definitions. As used in this provision--

Government of a country that is a state sponsor of terrorism includes the state and the government of a country that is a state sponsor of terrorism, as well as any political subdivision, agency, or instrumentality thereof.

00 45 00 - 8 Amendment 1

Significant interest means--

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in ``nominee shares,'' ``street names,'' or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

State sponsor of terrorism means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include: Iran, North Korea, Sudan, and Syria.

(b) Prohibition on award. In accordance with 10 U.S.C. 2327, unless a waiver is granted by the Secretary of Defense, no contract may be awarded to a firm if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in--

(1) The firm;

(2) A subsidiary of the firm; or

(3) Any other firm that owns or controls the firm.

(c) Representation. Unless the Offeror submits with its offer the disclosure required in paragraph (d) of this provision, the Offeror represents, by submission of its offer, that the government of a country that is a state sponsor of terrorism does not own or control a significant interest in--

(1) The Offeror;

(2) A subsidiary of the Offeror; or

(3) Any other firm that owns or controls the Offeror.

(d) Disclosure.

(1) The Offeror shall disclose in an attachment to its offer if the government of a country that is a state sponsor of terrorism owns or controls a significant interest in the Offeror; a subsidiary of the Offeror; or any other firm that owns or controls the Offeror.

(2) The disclosure shall include--

(i) Identification of each government holding a significant interest; and

(ii) A description of the significant interest held by each government.

00 45 00 - 9 Amendment 1

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it—

_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause.

This page was intentionally left blank for duplex printing.

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.3 SUBMITTALS

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.4.1 Protection of Features

1.4.2 Permits

1.4.3 Environmental Assessment of Contract Deviations

1.5 ENVIRONMENTAL PROTECTION PLAN

1.5.1 List of Federal, State, and Local Laws and Regulations

1.5.2 Spill Control Plan

1.5.3 Recycling and Waste Minimization Plan

1.5.4 Contaminant Prevention Statement

1.5.5 Debris Management Plan

1.5.6 Environmental Training Program

PART 2 PRODUCTS Not used.

PART 3 EXECUTION

3.1 SPECIAL ENVIRONMENTAL PROTECTION REQUIREMENTS

3.1.1 Vegetation Protection / Landscape

3.1.2 Disposal of Solid Wastes

3.1.3 Disposal of Contractor Generated Hazardous Wastes

3.1.4 Fuels and Lubricants

3.1.5 Mission Creek Tidewater Goby Protection

3.1.5.1 Tidewater Goby Monitoring and Avoidance Plan

3.2 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.2.1 Known Historic, Archaeological, and Cultural Resources

3.2.2 Discovered Historic, Archaeological, and Cultural Resources

3.3 PROTECTION OF WATER RESOURCES

3.3.1 Water Quality Monitoring Firm

3.3.2 Water Quality Monitoring Plan

3.3.3 Monitoring and Sampling Requirements

3.3.3.1 Water Quality Monitoring

3.3.3.2 Recording of Observations

3.3.3.3 Submittal of Monitoring and Sampling Results

3.3.3.4 Water Quality Monitoring Summary Report

3.3.4 Turbidity Plume Reduction

3.3.5 Floating Debris

3.3.6 Other Discharge

3.3.7 Creek Crossings - Pipeline Mobilization / Demobilization Plan

3.4 PROTECTION OF FISH AND WILDLIFE RESOURCES

3.4.1 Construction Windows and Construction Restrictions

3.4.2 Marine Mammals

3.4.3 Incidental Take of Wildlife

SECTION 01 57 19 Page 1 Amendment 1

3.5 CAULERPA TAXIFOLIA SURVEY FOR DREDGE AREAS 3, 3R AND 4

3.6 PROTECTION OF AIR RESOURCES

3.6.1 Air Pollution Control District

3.6.2 Particulates

3.6.3 Odors

3.6.4 Other Commitments

3.7 NOISE

3.8 INSPECTION REQUIREMENTS / FOLLOW-UP ACTIONS

3.9 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.10 TRAINING OF CONTRACTOR PERSONNEL

-- End of Section Table of Contents --

SECTION 01 57 19 Page 2 Amendment 1

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

1.1 REFERENCES

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

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

40 CFR 261 Identification and Listing of Hazardous Waste

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

Caulerpa Control Protocol Survey Requirements for Caulerpa Surveys

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

1.2 DEFINITIONS

Environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances of plant or animal communities; or degrade the environment from an aesthetic, cultural, or historic perspective.

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

1.3 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following will be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

Biological Monitoring Firm; G

SECTION 01 57 19 Page 3 Amendment 1

Water Quality Monitoring Firm; G

Water Quality Monitoring Plan; G

Tidewater Goby Monitoring and Avoidance Plan; G

Pipeline Mobilization and Demobilization Plan; G

Caulerpa Taxifolia Survey Firm; G

SD-06 Test Reports

Tidewater Goby Status Report; G

Water Quality Monitoring

Caulerpa Taxifolia Survey; G

SD-11 Closeout Submittals

Water Quality Monitoring Summary Report; G

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

Comply with all applicable Federal, State, and local laws and regulations.

Provide environmental protective measures and procedures to prevent and control pollution, limit habitat disruption, and correct environmental damage that occurs during construction.

1.4.1 Protection of Features

Prepare a list of features requiring protection under the provisions of the CONDITION OF THE CONTRACT 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS which are not specifically identified on the drawings as environmental features requiring protection. Protect those environmental features, indicated specifically on the drawings, in spite of interference which their preservation may cause to the Contractor's work under the contract.

1.4.2 Permits

a. This section supplements the Contractor's responsibility under the SUPPLEMENTARY CONDITION 52.236-7, PERMITS AND RESPONSIBILITIES. The Government has not obtained any permits for this project with the exception of necessary concurrences from the California Coastal Commission, U.S. Fish and Wildlife Service, National Marine Fisheries Service, State Historic Preservation Office and the California Regional Water Quality Control Board (CRWQC). It is the Contractor's responsibility to obtain all other necessary permits and abide by the conditions set within each document. If there is a conflict among the conditions, request clarification from the Contracting Officer.

b. Air Quality - Permit to Operate. Obtain or have in possession appropriate Permits to Operate from the Santa Barbara County Air Pollution Control District (APCD) for all applicable equipment prior to commencement of work, and to pay all associated fees.

SECTION 01 57 19 Page 4 Amendment 1

1.4.3 Environmental Assessment of Contract Deviations

a. The Contract specifications have been prepared to comply with the special conditions and mitigation measures of an environmental nature which were established during the planning and development of this project. The Contractor is advised that deviations from the drawings or specifications (e.g., proposed disposal areas, staging areas, alternate access routes, scheduling delays, etc.) could result in the requirement for the Government to reanalyze the project from an environmental standpoint. Deviations from the construction methods and procedures indicated by the plans and specifications which may have an environmental impact will require an extended review, processing, and approval time by the Government.

b. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.5 ENVIRONMENTAL PROTECTION PLAN

a. Submit an Environmental Protection Plan within 10 days after Notice To Proceed. Incorporate Government comments into the final Environmental Protection Plan within 5 days after receipt of comments.

b. Acceptance is conditional and is predicated upon satisfactory performance during construction. The Government reserves the right to require changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met.

c. Detail the actions to take to comply with all applicable Federal, State, and local laws and regulations concerning environmental protection and pollution control and abatement, as well as the additional specific requirements of this Contract. Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). No physical work at the site can begin prior to acceptance of the Contractor's plan or an interim plan covering the work to be performed.

Keep the Environmental Protection Plan current and maintain a copy on site.

1.5.1 List of Federal, State, and Local Laws and Regulations

a. Provide as part of the Environmental Protection Plan, a list of all Federal, State, and local environmental laws and regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the proposed construction operations and the requirements imposed by those laws, regulations and permits.

b. Attach permits, including Air Quality Permit, and specific conditions to the Environmental Protection Plan.

1.5.2 Spill Control Plan

Include a Spill Control Plan as part of the Environmental Protection Plan.

In the Spill Control Plan, include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by the Emergency Response and Community Right-to-Know Act or regulated under State or local laws or regulations. The Spill Control Plan

SECTION 01 57 19 Page 5 Amendment 1 supplements the requirements of EM 385-1-1. Include as a minimum:

a. The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

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

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

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

e. The methods and procedures to be used for expeditious contaminant cleanup.

f. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation.

(Notify the Contracting Officer and Corps Biologist within 20 minutes of any spills. Notify the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) within 10 minutes of any reportable quantity spill.

Include list of the required reporting channels and telephone numbers.)

1.5.3 Recycling and Waste Minimization Plan

Submit a Recycling and Waste Minimization Plan as part of the Environmental Protection Plan. Detail actions to comply with the following recycling and waste minimization requirements:

a. Participate in State and local government sponsored recycling programs to reduce the volume of solid waste materials at the source.

b. Collect glass bottles, aluminum cans, and paper at the job site for recycling.

1.5.4 Contaminant Prevention Statement

As part of the Environmental Protection Plan, prepare a contaminant prevention statement identifying potentially hazardous substances to be used on the job site, and intended actions to prevent introduction of such materials into the air, water, or ground. Detail provisions to be taken to meet Federal, State, and local laws and regulations regarding the storage and handling of these materials.

1.5.5 Debris Management Plan

As part of the Environmental Protection Plan, prepare a Debris Management Plan identifying methods and locations for solid waste disposal. Include sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods.

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1.5.6 Environmental Training Program

In the Environmental Protection Plan, describe a plan for continual training of the Contractor and Sub-Contractor personnel throughout the construction period on all environmental protection measures and procedures. Prior to initiating work, ensure personnel are made aware of the ecological importance of surrounding habitat areas, the presence of federal and state listed threatened and endangered species and other sensitive species (including marine mammals), and the legal ramifications for harming endangered species and other items listed in paragraph "Training of Contractor Personnel". In addition, the Environmental Training will include protocols to be followed in the event of any spills.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 SPECIAL ENVIRONMENTAL PROTECTION REQUIREMENTS

3.1.1 Vegetation Protection / Landscape

Thoroughly clean all construction equipment at the prior job site in a manner that ensures all residual soil is removed and that egg deposits from plant pests are not present. Consult with the USDA Plant Protection and Quarantine (USDA - PPQ) jurisdictional office for additional cleaning requirements that may be necessary.

3.1.2 Disposal of Solid Wastes

Solid waste is rubbish, debris, waste materials, garbage, and other discarded solid materials (excluding clearing debris and hazardous waste as defined in following paragraphs). Place all solid waste in containers and dispose on a regular schedule. Conduct all handling and disposal in such a way as to prevent spillage and contamination. Transport all solid waste off the project site and dispose of in compliance with Federal, State, and local requirements.

3.1.3 Disposal of Contractor Generated Hazardous Wastes

Hazardous wastes are hazardous substances as defined in 40 CFR 261, or as defined by applicable State and local regulations. Remove hazardous waste generated by construction activities from the work area and dispose in compliance with Federal, State, and local requirements. Segregate hazardous waste from other materials and wastes, and protect it from the weather by placing it in a safe covered location; precautionary measures against accidental spillage such as berming or other appropriate measures must be taken. Remove hazardous waste from the project site within 30 days. Do not dump hazardous waste onto the ground, into storm drains or open water courses, or into the sanitary sewer system.

3.1.4 Fuels and Lubricants

Conduct fueling and lubrication of equipment and motor vehicles in a manner that affords the maximum protection against spills and evaporation. Store lubricants and waste oil to be discarded in marked corrosion-resistant containers and recycled or disposed in accordance with Federal, State, and local laws and regulations. Ensure motorized equipment are not maintained

SECTION 01 57 19 Page 7 Amendment 1 or parked in or near any bodies of water in such a manner that petroleum products or other pollutants from the equipment may enter these areas. Do not operate vehicles and equipment in any water body, except as necessary for construction. Drip pans to be placed under parked equipment to contain any oil leaks.

3.1.5 Mission Creek Tidewater Goby Protection

Submit the name and qualifications for a Biological Monitoring Firm within 5days of Notice to Proceed (NTP). Do not commence work in Mission Creek until the Contracting Officer has approved the selected firm. The Biological Monitoring Firm must utilize qualified staff that include:

* A trained biologist holding a valid USFWS issued 10(a)(1)(A) permit to handle Tidewater Goby.

3.1.5.1 Tidewater Goby Monitoring and Avoidance Plan

a. Submit a Tidewater Goby Monitoring and Avoidance Plan within 10 days after the Notice to Proceed. Incorporate government comments into the Plan within 5 days of receipt of comments. Ensure the Biological Monitoring Firm assists with the development and execution of the Plan. Ensure the Biological Monitoring Firm is on site any time equipment or personnel:

1) enter waters of Mission Creek and tidewater gobies are present in the work area (determined by Corps Biologist),

2) enter waters of Mission Creek and water depths exceed 12 inches

3) enter waters of Mission Creek and traverse into waters further than 10 feet from the bank of the creek

b. Ensure the Plan includes a list of all required minimization measures as outlined below.

1) If equipment or personnel need to access Mission Creek, and water depths are shallower than 12 inches, and the area of creek to be accessed is within 10 feet of the bank, the Corps Biologist will survey the area for tidewater goby. If gobies are present and do not leave the work area, the biological monitoring firm's 10(a)(1)(A) permitted biologist will utilize exclusionary netting and seines to remove tidewater goby from the work area.

2) If equipment or personnel need to access Mission Creek, and water depths are greater than 12 inches, or the area of creek to be accessed is 10 feet or greater from the bank, the biological monitoring firm's 10(a)(1)(A) permitted biologist will utilize exclusionary netting and seines to remove tidewater goby from the work area.

3) For seigning, use 3 to 4 millimeter (mm) mesh nets, unless directed otherwise by the Contracting Officer.

4) Remove any non-native species captured during the seining.

c. Within 5 days after every seining event, submit a Tidewater Goby Status Report to the Contracting Officer and Corps Biologist with the following information:

1) date & time, location, and construction activity

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2) number of Tidewater Gobies observed and number relocated

3) identification and number of other species captured in seine

4) action taken (i.e. used seine to remove goby from impact area) and

GPS coordinates

5) and status of effect, if any, on operations

3.2 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.2.1 Known Historic, Archaeological, and Cultural Resources

There are no known historic, archaeological, and cultural resources associated with this project.

3.2.2 Discovered Historic, Archaeological, and Cultural Resources

If during construction activities, items are observed that may have historic or archaeological value (e.g., anchors, shipwrecks, Native American human remains or associated objects), report such observations within 15 minutes to the Contracting Officer and to the COE archaeologist, Danielle Storey (213-462-3855). In addition, upon discovery immediately cease all ground disturbing activities within 200 feet of the discovery until the Corps has met the requirement of 36 CFR 800.13 and the Contracting Officer directs resumption of work. Prevent employees from trespassing on, removing, or otherwise disturbing such resources.

3.3 PROTECTION OF WATER RESOURCES

Keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters. Stay within the boundaries of the identified construction zones. Ensure all dredging and placement activities remain within the boundaries specified in the drawings. (No dumping of any material in the marine environment outside of the project area or within any adjacent aquatic community.) Avoid environmentally sensitive areas such as estuaries.

3.3.1 Water Quality Monitoring Firm

Submit the name and qualifications of the Water Quality Monitoring Firm to conduct the water quality monitoring within 5 days of NTP. Do not submit the Water Quality Monitoring Plan until written approval of the selected firm has been received.

3.3.2 Water Quality Monitoring Plan

Prepare a Water Quality Monitoring Plan. Include all procedures required to conduct the water quality monitoring including, but not limited to: name and qualifications of the monitoring firm; standard operating procedures;

quality assurance/quality control; schedules; lists of personnel;

instrument maintenance and calibration; record keeping; daily and final report preparation requirements; water sample collection, handling, analysis (including detection limits), reporting requirements; and safety requirements. Submit the Water Quality Monitoring Plan within 10 days of the Notice to Proceed. Do not proceed with work until written approval of the Water Quality Monitoring Plan has been received. Incorporate government comments into the Plan within 5 days of receipt of comments.

SECTION 01 57 19 Page 9 Amendment 1

3.3.3 Monitoring and Sampling Requirements

Perform discharge monitoring, sampling, inspections, and testing, reporting and record keeping as set forth below:

3.3.3.1 Water Quality Monitoring

a. Perform the following sampling protocol during the dredging and beach placement operations. Commence monitoring at least one week prior to the start of dredging and continue at least one week following the completion of all such operations. Conduct monitoring for the first seven days of dredging, and then twice per week until the completion of the dredge cycle. For the purposes of clarity, the monitoring period is defined as:

1. Conduct one day of water quality monitoring one week prior to start of dredging.

2. Conduct daily water quality monitoring for the first seven days of dredging. Should dredging not take place on any given day within the first seven days, do not conduct water quality monitoring on that day(s), and those non-dredge days will not count towards the first seven days.

3. Water quality monitoring to continue each dredge day until seven days of dredging has occurred and water quality monitoring commitments reached. A total of seven days of water quality monitoring from the first dredge day defines the first week of dredging for water quality monitoring purposes.

4. The eighth day of dredging defines the week period for the rest of the dredge cycle. For example, if the 8th day of dredging falls on a Tuesday, a week will be defined as Tuesday to Monday for the remaining dredge cycle.

5. Conduct one day of water quality monitoring one week following the comletion of dredging.

b. Conduct monitoring of the dredge site at least one hour after the start of dredge operations.

Conduct monitoring of the beach placement site at leat one hour after the start of placement of dredge material and while placement is ongoing.

c. Obtain all receiving water monitoring data via grab samples or remote electronic detection equipment.

d. Perform Water Quality Monitoring at the dredge site and beach placement site at locations A thru E as specified below. Water samples from locations B and C should be at the same approximate depths (+/- 3 ft), and samples from locations D and E should be at the same approximate depths (+/- 3 ft).

e. Collect data at the following locations, safety permitting:

Location Description

Dredge Site Sampling Locations (A - C):

(A). 100 feet down current of the dredging operations, in the direction of the turbidity plume.

SECTION 01 57 19 Page 10 Amendment 1

(B). 200 feet down current of the dredging operations, in the direction of the turbidity plume.

(C). Control site (nearby area not affected by dredging operations).

Beach Placement Site Sampling Locations (D & E):

(D). 200 feet down current from the point where runoff from beach placement enters the ocean (in water depths between -10 and -25 ft

MLLW).

(E). A control site downstream of the harbor, but at least 500 feet from the beach placement site, in water depths between -10 and - 25 ft

MLLW.

Collect control measurements outside of visible turbidity plumes to represent ambient conditions.

f. Monitor for the following parameters:

Parameter Units Location Frequency

Dissolved Oxygen mg/l A thru E First 7 days/twice Week* Light Transmittance % Transmittance A thru E First 7 days/twice Week* Turbidity NTU A thru E First 7 days/twice Week* pH pH Units A thru E First 7 days/twice Week* Water Temperature deg (C) A thru E First 7 days/twice Week* Salinity ‰ A thru E First 7 days/twice Week*

* See paragraph "a" for details on frequency of sampling.

1) Perform water column monitoring (dissolved oxygen, light transmittance, turbidity, pH, temperature, and salinity) throughout the water column at three foot intervals starting 3 feet below the surface to a point 3 feet above the bottom.

2) Plot water column light transmittance values from locations B and C, and D and E on a graph with depth, and include in the monitoring report. Graphs will be plotted to allow direct comparison of locations B and C on one graph, and locations D and E on a second graph.

3) Water column light transmittance values from locations B & C, and D & E must be averaged for the near surface (3 feet below the…