W912PL20B0011_Am2.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.

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

0002 Sep 9, 2020

USACE-LOS ANGELES DISTRICT

CONTRACTING DIVISION, WEST REGION BRANCH

915 WILSHIRE BLVD, SUITE 1440

LOS ANGELES, CA 90017

W912PL20B0011

Aug 14, 2020

Newport Harbor Entrance Channel Maintenance Dredging and East Jetty Repairs, Orange County, CA

Due date for receipt of bids is September 18, 2020 at 1:00 PM local time.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

See SF30 Continuation Page for Revisions.

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.

Amendment 002

INSTRUCTIONS

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code) . Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date) .

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contacting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By) . Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor) . For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - Dated ). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data) .

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B . The contracting officer's signature is not required on solicitation amendments. The contracting offier's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13 . Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification) .

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

Total contract price increased by $

Total contract price decreased by $

Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

A reference to the letter determination; and

A statement of the net amount determined to be due in settlement of the contract.

(g)

(h)

(i)

(ii)

(1)

(2)

(3)

(4)

(5)

(6)

(i)

(ii)

(iii)

STANDARD FORM 30 (REV. 10-83) BACK

(1) Accounting classification Net increase $

Newport Bay Harbor Maintenance Dredging and East Jetty Repairs W912PL20B0011 Orange County, CA

Amendment 0002

SF 30 (Continuation Page)

NOTICE TO BIDDERS:

This Amendment forms a part of the Covered Contract Documents and modifies the original Bidding Documents dated August 14, 2020, and as noted below. This Amendment shall become part of the Contract Documents to the same extent as though it had been written into the body thereof and bound therein. This Amendment is applicable to the items affected and all Bidders are held responsible for the contents herein. Acknowledgement of receipt of this Amendment shall be so noted in the space provided on Standard Form 1442, Solicitation, Offer and Award. Failure to do so may subject the Bidder to disqualification.

Revised Pages/Sections:

The following revised pages and/or sections, noted as Amendment 0002 and as listed below, are to replace the original pages/sections from Bid Documents dated August 14, 2020:

* SF1442 - Revised bid opening date to 18 September 2020

* Section 01 57 19 - Temporary Environmental Controls - replace entire section

* Section 35 31 26 - Jetties - revised Paragraph CONTRACTOR’S STAGING AND STORAGE AREAS and Paragraph Water Access

* Sheet CN104 - Revised notes and water access restriction

00 00 01 Amendment 02

PROJECT TABLE OF CONTENTS

DIVISION 00 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS

SF-1442 Solicitation, Offer and Award Am02

00 01 05 Certification Page 00 10 00 CLIN Schedule / Bidders Notes Am01 00 21 00 Instructions 00 21 13 Instructions to Bidders

00 45 00 Representations and Certifications 00 70 00 Conditions of the Contract 00 73 00 Supplementary Conditions 00 73 46 Wage Rates Am01

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 Quality Control (RMS CM)

01 50 00 Temporary Construction Facilities and Controls 01 57 19 Temporary Environmental Controls Am02 01 74 19 Construction Waste Management and Disposal 01 78 00 Closeout Submittals

DIVISION 03 – CONCRETE

03 01 32 Concrete Rehabilitation for Civil Works Am01 03 30 53 Miscellaneous Cast-in-Place Concrete

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 Dredging Am01 35 20 23a Sediment Sample Logs 35 20 24 National Dredging Quality Management Program – Scow 35 31 26 Jetties Am02

-- End of Project Table of Contents –-

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

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

Amendment 002

W912PL-20-B-0011 x 14 AUG 2020 1 OF 2

U.S.Army Corps of Engineers, Los Angeles Dist Attn:Contracting Division CESPL-CT-W 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401

DoD Secure Access File Exchange (DoD Safe) at https://safe.apps.mil/

See Section 00 21 13, Special Instructions Pertaining to Submission of Electronic Bids

Pat Bonilla 213-452-3255

Newport Bay Harbor - Entrance Channel Maintenance Dredging and East Jetty Repairs Orange County, California

Project consists of dredging approximately 62,000 cubic yards of material from the Federal channel and placement in the nearshore off Balboa Beach with options for an additional 65,000 cubic yards of material and placement at offshore disposal site LA-3. The project also includes concrete repairs to the existing concrete structure portion of the East Jetty and placement of 3,500 tons of 4 ton armor stone to repair the revetment on the channel side of the structure.

Magnitude of the Proposed Project: $1,000,000 to $5,000,000.

This solicitation is Small Business Set-Aside The NAICS Code is 237990, the small business size standard is $39,500,000.00.

BIDDERS PLEASE NOTE: This project contains environmental considerations not finalized at the time of issuance. Upon finalization of these considerations, the solicitation may be amended as needed, to provide additional environmental considerations for the performance of work. This project may be delayed, canceled or revised at any time prior to award.

10 see 007300

X X *Section 00 73 00

X 10

0 1:00 PM

local time 18 September 2020

X

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

Amendment 002

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

See Section 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule

USACE Los Angeles District Santa Ana Dams Resident Office 2493 Pomona Rincon Road Corona, CA 92880

USACE, Finance Center

ATTN: CEFCO-AO-D

5722 Integrity Drive Millington, TN 38054-5005

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 Plan

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

3.2 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 Water 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

3.4 PROTECTION OF FISH AND WILDLIFE RESOURCES

3.4.1 Marine Mammals

3.4.2 Incidental Take of Wildlife

3.5 CAULERPA TAXIFOLIA

3.6 EELGRASS

3.6.1 Pre- and Post-Dredge Eelgrass Surveys

3.6.2 Eelgrass Impact Avoidance

01 57 19 - 1

3.7 PROTECTION OF AIR RESOURCES

3.7.1 Air Pollution Control District

3.7.2 Particulates

3.7.3 Odors

3.7.4 Other Commitments

3.8 NOISE

3.9 INSPECTION REQUIREMENTS / FOLLOW-UP ACTIONS

3.10 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.11 TRAINING OF CONTRACTOR PERSONNEL

3.12 STORMWATER

3.12.1 Construction General Permit

3.12.2 Stormwater Pollution Prevention Plan

-- End of Section Table of Contents --

01 57 19 - 2

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)

36 CFR 800 Properties Discovered During Implementation of an Undertaking

40 CFR 261 Identification and Listing of Hazardous Waste

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

Caulerpa Control Protocol Survey Requirements for Caulerpa Surveys

CEMP California Eelgrass Mitigation Policy (CEMP) and Implementing Guidelines

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:

01 57 19 - 3

SD-01 Preconstruction Submittals

Environmental Protection Plan; G Water Quality Monitoring Firm; G Water Quality Monitoring Plan; G Caulerpa Taxifolia Survey Firm; G Caulerpa Taxifolia Survey; G Eelgrass Survey Firm; G Pre-Dredge Eelgrass Survey; G

SD-06 Test Reports

Water Quality Monitoring

SD-11 Closeout Submittals

Post-Dredge Eelgrass Survey; G 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.

This project contains environmental considerations not finalized at the time of issuance. Upon finalization of these considerations, the solicitation will be amended as needed, to provide additional environmental considerations for the performance of work. This project may be delayed, cancelled or revised at any time prior to award.

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. Avoid anchoring within eelgrass beds mapped in the pre-construction survey where possible.

1.4.2 Permits

This section supplements the Contractor's responsibility under the SUPPLEMENTARY CONDITION 52.236-7, PERMITS AND RESPONSIBILITIES. The Government will not obtain 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.

01 57 19 - 4

1.4.3 Environmental Assessment of Contract Deviations

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.

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.

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 (EPP) within 10 days after Notice To Proceed (NTP). Incorporate Government comments into the final Environmental Protection Plan within 10 days after receipt of comments.

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

c. Detail the actions taken 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

Provide as part of the EPP, 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. Attach all permits and specific conditions to the Environmental Protection Plan.

1.5.2 Spill Control Plan

Include a Spill Control Plan as part of the EPP. 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 supplements the requirements of EM 385-1-1 . Include as a minimum:

01 57 19 - 5

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 a 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 a part of the EPP.

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 Plan

As part of the EPP, 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 EPP 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. Include description of concrete demolition and sandblasting operations and plan to minimize introduction of concrete materials into the waters or air. Place all solid waste in self-closing containers.

01 57 19 - 6

1.5.6 Environmental Training Program

In the EPP 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 water quality impacts / monitoring, pollution prevention measures, protocols to be followed in the event of any spills, and best management practice implementation measures.

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 for vehicles and vessels.

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 self-closing 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 sewers 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

01 57 19 - 7 corrosion-resistant containers and recycled or disposed in accordance with Federal, State, and local laws and regulations. Ensure motorized equipment are not maintained 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

All equipment using gas, oil, hydraulic fluid, or other petroleum products to be inspected for leaks prior to use and monitored for leakage during the project. Position stationary equipment (e.g. motors, pumps, generators, etc.) over drip pans or other types of containment.

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 (213-452-3855). 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 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 fill activities remain within the boundaries specified in the drawings. Do not dump any material in the marine environment outside of the project area or within any adjacent aquatic community. Minimize impacts to environmentally sensitive areas such as eelgrass beds when possible.

3.3.1 Water Quality Monitoring Firm

Submi t t he name and qual i f i cat i ons of t he Wat er Qual i t y Moni t or i ng Fi r m t hat wi l l pr epar e t he Wat er Qual i t y Moni t or i ng Pl an, conduct t he wat er qual i t y moni t or i ng, and submi t al l moni t or i ng r epor t s and t he Wat er Qual i t y Moni t or i ng Summar y Repor t . Submi t t he qual i f i cat i ons of t he Wat er Qual i t y Moni t or i ng Fi r m wi t hi n 10 days of NTP. Do not commence wor k pr epar i ng t he Wat er Qual i t y Moni t or i ng Pl an unt i l wr i t t en appr oval of t he sel ect ed f i r m has been r ecei ved.

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; weekly and final report preparation requirements; water sample collection, 01 57 19 - 8 handling, analysis (including detection limits), reporting requirements;

and safety requirements. Address protocol and minimization measures to be implemented in the incidence of water quality exceedances. Submit the Water Quality Monitoring Plan within 15 days of the Notice to Proceed. Do not proceed with work until written approval of the Water Quality Monitoring Plan has been received.

3.3.3 Water Monitoring and Sampling Requirements

Maintain a copy of the Santa Ana Regional Water Quality Control Board 401 Certification or waiver at the project site. The 401 Certification will be provided by the USACE Biologist after contract award.

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

3.3.3.1 Water Quality Monitoring

a. Per f or m t he f ol l owi ng sampl i ng pr ot ocol dur i ng dr edgi ng oper at i ons and ar mor st one pl acement . Commence moni t or i ng at l east one week pr i or t o t he st ar t of dr edgi ng and cont i nue at l east one week f ol l owi ng t he compl et i on of al l such oper at i ons. Conduct moni t or i ng of t he dr edge si t e at l east one hour af t er t he st ar t of oper at i ons. Conduct moni t or i ng of t he near shor e pl acement s i t e wi t hi n 15 t o 45 mi nut es of dr edge mat er i al pl acement . Conduct moni t or i ng dai l y f or t he f i r st f i ve days of dr edgi ng and f i r st f i ve days of ar mor pl acement , and t hen once per week unt i l one week f ol l owi ng compl et i on. I f t he t empor ar y bench i s const r uct ed on Cor ona Del Mar Beach, consduct moni t or i ng dai l y dur i ng const r uct i on and r emoval of t he bench. Obt ai n al l r ecei v i ng wat er moni t or i ng dat a v i a gr ab sampl es or r emot e el ect r oni c det ect i on equi pment . Per f or m Wat er Qual i t y Moni t or i ng at t he dr edge si t e at l ocat i ons A t hr u D and dur i ng pl acement oper at i ons at l ocat i ons E t hr ough H as speci f i ed bel ow. Not i f y t he Cont r act i ng Of f i cer and Envi r onment al Coor di nat or a mi ni mum of 48 hour s i n advance of any and al l sampl e col l ect i on. Per f or m Wat er Qual i t y Moni t or i ng i mmedi at el y of f shor e of t he ar mor st one pl acement act i v i t i es. I f t he t empor ar y bench i s const r uct ed on Cor ona Del Mar Beach, per f or m wat er qual i t y moni t or i ng i mmedi at el y of f shor e of t he r amp.

b. Locate water monitoring station positions using a Global Positioning System (GPS) accurate to within 10 feet.

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

( Location ) Description

(A) 100 feet up current of the dredging operations, safety permitting.

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

(C) 300 feet down current of the dredging operations, in the direction of the turbidity plume, safety permitting.

(D) Control site (area not affected by dredging operations).

(E) 100 feet up current of the Nearshore Placement Area.

(F) 100 feet down current of the Nearshore Placement Area.

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(G) 300 feet down current of the Nearshore Placement Area.

(H) Control site (area not affected by nearshore placement operation): 1000 feet from the Nearshore Placement Area located in an area with the same water depth as Station G.

d. Monitor for the following parameters:

Parameter Units Location Frequency

Dissolved Oxygen mg/L A thru H Weekly*

Light Transmittance % Transmittance A thru H Weekly*

Turbidity NTU A thru H Weekly* pH ph Units A thru H Weekly*

Water Temperature deg (C) A thru H Weekly*

Salinity % A thru H Weekly*

Suspended Solids mg/l A thru H Monthly, once minimum

TRPH mg/l A thru H Monthly, once minimum

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

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

2) Present the water quality results (light transmittance, turbidity, pH & dissolved oxygen) in two independent tables (dredging site and nearshore placement site) in the monitoring report. Include the compliance value and compliance status in the table.

e. Should dredging not take place during any weekly period for any reason, water quality monitoring is not required. Submit a negative report documenting the reasons for no dredging during the week, and certifying that no dredging occurred. Any dredging during the week requires monitoring, even if dredging only occurs on a single day.

3.3.3.2 Recording of Observations

Ensure that the following observations are recorded by the individual performing such operations, during each monitoring effort:

a. Name of project (Newport Bay Harbor Maintenance Dredging and East Jetty Repairs)

b. Date, exact location and time of sampling or measurements

c. Name of individual performing sampling or measurements

d. Direction of current and approximate speed

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e. Tidal stage; speed and direction of currents

f. General weather conditions and wind velocity

g. Observations of sensitive biological resources

h. Appearance of trash, floatable material, grease, oil slick, or other objectionable material

i. Discoloration and extent of visible turbidity plumes

j. Any distinguishable odors

k. Quantity of material dredged the previous day

l. Cumulative total amount of material dredged to date

m. Date of analyses

n. Name of individual performing analyses

o. Analytical techniques and/or methods to be used to analyze and interpret data

p. Results

q. Photo documentation of project activities and conditions at time of sampling

3. 3. 3. 3 Submi t t al of Moni t or i ng and Sampl i ng Resul t s

a. Ensur e t hat , upon t he avai l abi l i t y of t est r esul t s or compl et i on of weekl y moni t or i ng by t he Wat er Qual i t y Moni t or i ng Fi r m, al l moni t or i ng r esul t s must be submi t t ed, t hat same day, s i mul t aneousl y t o t he Cont r act i ng Of f i cer , Envi r onment al Coor di nat or and Cont r act or . For any non- compl i ance wat er qual i t y r esul t s, t he Cont r act or must ensur e t hat t he r esul t s ar e submi t t ed s i mul t aneousl y t o t he Cont r act i ng Of f i cer , Envi r onment al Coor di nat or , and Cont r act or wi t hi n 30 mi nut es of r ecei pt of t he r esul t s. Addi t i onal l y, not i f y t he Cont r act i ng Of f i cer and Envi r onment al Coor di nat or t he pr ot ocol s and mi ni mi zat i on measur es t o be i mpl ement ed t o cor r ect t he non- compl i ance. Addi t i onal moni t or i ng and mi ni mi zat i on measur es may be r equi r ed i f compl i ance t hr eshol ds ar e not met .

b. Ensur e t hat t he Wat er Qual i t y Moni t or i ng Fi r m submi t s copi es of t he weekl y moni t or i ng r esul t s t o t he Cont r act i ng Of f i cer and vi a e- mai l t o t he Envi r onment al Coor di nat or , Lar r y Smi t h ( Lawr ence. J. Smi t h@usace. ar my. mi l ) wi t hi n 24 hour s of moni t or i ng and si mul t aneous t o i t s submi t ssi on of t he r esul t s t o t he Cont r act or .

c. Keep a copy of all reports in a file at the job site available for inspection.

3.3.3.4 Water Quality Monitoring Summary Report

Prepare and submit a Water Quality Monitoring Summary Report for approval at the completion of dredging. Evaluate water quality over the full dredge cycle duration. Include discussions about problems and resolutions

01 57 19 - 11 encountered throughout the project. Submit the Water Quality Monitoring Summary Report electronically in PDF, text searchable format using Optical Character Recognition, via email to the Contracting Officer and the Environmental Coordinator within 15 days of project completion.

Any supporting documentation (i.e., original field notes, computer disks, records of interviews, data, pictures, working papers, etc.) will become property of the Government.

3.3.4 Turbidity Plume Reduction

a. If directed, modify operations as necessary to reduce turbidity or other water quality impacts. Modifications could include slowing operations, avoidance of certain tidal conditions, temporarily stopping to allow turbidity to dissipate, stopping overflow, or use of silt curtains.

b. Modify dredge operations to reduce turbidity if the difference in percent light transmittance is 40 % or greater between any of the compliance stations and the control station; or dissolved oxygen concentrations fall below 5.0 mg/l (unless background readings indicate low dissolved oxygen concentrations).

c. Modify nearshore placement operations if, while placing in the nearshore, light transmittance at 300 feet down current of the placement (station G) is greater than 40% below the calculated daily average of background readings (station H); or dissolved oxygen concentrations fall below 5.0 mg/l (unless background readings indicate low dissolved oxygen concentrations), the Contractor must modify operations as necessary to reduce the turbidity.

d. Additional monitoring and minimization measures may be required if compliance thresholds are not met.

3.3.5 Floating Debris

During the performance of the work, institute and enforce procedures to prevent spills and floating debris from fouling the local waters and beaches. Should these procedures fail, inform the proper authorities and promptly clean up all spills and debris. At the end of each work shift, remove loose materials on adjoining structures and debris in the water and on the beach and dispose off site.

3.3.6 Other Discharge

Should the Contractor lose, dump, throw overboard, sink or misplace material, plant, machinery appliance, or cause pollution on the waters, give immediate notice and, if required, boom, buoy or otherwise mark the location of the incident until the obstruction or pollution problem is removed. Should the Contractor refuse, neglect or delay compliance with these requirements, the cost of the necessary removal and cleanup may be deducted from the monies due or to become due to the Contractor.

3.4 PROTECTION OF FISH AND WILDLIFE RESOURCES

Keep construction activities under surveillance, management and control to minimize interference with, disturbance to and damage to fish, wildlife and plants including their habitat. Be responsible for the protection of threatened and endangered animal and plant species including their habitat

01 57 19 - 12 in accordance with Federal, State, Regional, and local laws and regulations. Endangered and threatened species known to frequent the project area and their respective season include:

California Least Tern 01 April - 15 September each year

3.4.1 Marine Mammals

Do not harass marine mammals. Harassment is defined as any act of pursuit, torment or annoyance which has the potential to injure a marine mammal, has the potential to disturb a marine mammal by causing the disruption of behavioral patterns including feeding, breeding, migration and sheltering, nursing, pupping, etc.

3.4.2 Incidental Take of Wildlife

Report any incidental take (dead or injured species) within 15 minutes to the Contracting Officer and Environmental Coordinator. In the event of a collision between any project related watercraft and a green sea turtle or marine mammal immediately notify the Contracting Officer, Corps Biologist, and National Marine Fisheries Service Stranding Coordinator - (562) 980-3230 / 3264. Operations may be stopped if it is suspected that the impact of the taking causes an irreversible and adverse impact on these species.

3.5 CAULERPA TAXIFOLIA

a. Pr i or t o dr edgi ng, per f or m a Caul er pa t axi f ol i a sur vey encompassi ng t he dr edge ar eas wi t h a 100 f oot buf f er ext ensi on. I f bar ge based ar mor st one pl acement i s t o be used f or r epai r s t o t he east j et t y, t he sur vey cover age must cover t he ar ea bet ween t he f eder al channel and t he east j et t y r evet ment .

b. Submit the name and qualifications of the Caulerpa taxifolia Survey Firm to conduct the Caulerpa taxifolia survey for approval no later than 5 days after Notice to Proceed. Do not commence the survey and/or dredging until written approval of the selected firm has been received.

c. Not ear l i er t han 90 days pr i or t o t he st ar t of dr edgi ng and not l at er t han 10 days af t er t he Caul er pa t axi f ol i a sur vey f i r m appr oval , sur vey t he dr edge ar eas f or t he pr esence of Caul er pa t axi f ol i a. Not i f y t he Cont r act i ng Of f i cer and Envi r onment al Coor di nat or 5 days i n advance of t he sur vey so t he Cont r act i ng Of f i cer and/ or Envi r onment al Coor di nat or wi l l have t he oppor t uni t y t o obser ve t he sur vey i f t hey so choose.

Sur vey cover age t o ext end 100 f eet out war d of t he f eder al channel .

Conduct t hi s sur vey i n accor dance wi t h t he Caul er pa Cont r ol Pr ot ocol publ i shed by t he Nat i onal Mar i ne Fi sher i es Ser vi ce, http://www.westcoast.fisheries.noaa.gov/habitat/aquatic_invasives/ caulerpa_taxifolia.html .

The l evel of sur vey must be " sur vei l l ance" . Ensur e t hat t he Caul er pa t axi f ol i a Sur vey Fi r m submi t s t he r esul t s of t he Caul er pa t axi f ol i a sur vey a mi ni mum of 10 days pr i or t o t he st ar t of dr edgi ng and si mul t aneous t o submi ssi on of t he sur vey r esul t s t o t he Cont r act or .

Ensur e t hat t he Caul er pa t axi f ol i a Sur vey Fi r m submi t s Dr af t and Fi nal Repor t s t o t he Cont r act i ng Of f i cer and Envi r onment al Coor di nat or f or Caul er pa t axi f ol i a Sur vey Resul t s per t he f or mat det ai l ed i n t he Caul er pa Cont r ol Pr ot ocol and si mul t aneous t o submi ssi on of t he Dr af t and Fi nal Repor t s t o t he Cont r act or .

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d. If Caulerpa taxifolia is detected during construction activities, notify the Contracting Officer immediately, and cease all dredging activities, and do not resume until directed.

3.6 EELGRASS

3.6.1 Pre- and Post-Dredge Eelgrass Surveys

a. Submit the name and qualifications of the Eelgrass Survey Firm to conduct the eelgrass survey for approval no later than 5 days after Notice To Proceed. Do not commence the eelgrass survey until written approval of the selected firm has been received.

b. No earlier than 60 days prior to the start of construction and not later than 10 days after the Eelgrass Survey Firm approval, conduct a Pre-dredge Eelgrass Survey of the dredge template area (all areas including option items). Survey coverage to extend 100 feet outward of the federal channel. I f bar ge based ar mor st one pl acement i s t o be used f or r epai r s t o t he east j et t y, t he sur vey cover age must cover t he ar ea bet ween t he f eder al channel and t he east j et t y r evet ment . Map all occurrences of eelgrass in accordance with the California Eelgrass Mitigation Policy ( CEMP) with the exception that mapping must be restricted to areas occupied by eelgrass.

c. Submit the results of the pre-dredge eelgrass survey in report form no later than 15 days prior to the start of dredging.

d. Perform a Post-dredge Eelgrass Survey of the project area and map all occurrences of eelgrass within 15 days after completion of the work.

Submit the results in report form no later than 15 days after the completion of the eelgrass survey.

e. For each eelgrass survey, provide the results and reports in accordance with the CEMP, including the boundary of all eelgrass areas as an electronic media (ASCII format or shapefile format) in the coordinate system, units, and datum identified in the drawings.

f. The first lines of the ASCII data file will list the information as follows:

1) * Project Name: Newport Bay Harbor, Maintenance Dredging and East Jetty Repairs

2) * Date of Survey

3) * Type of Survey (Pre-dredge Eelgrass Survey or Post-Dredge Eelgrass Survey)

4) * Surveyor's Name and Company Name

5) * Area Surveyed

6) * Horizontal Datum

7) * Any other pertinent information

g. These first lines will be preceded by and asterisk (*), which indicates a comment line.

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h. If a shapefile format is used, the above information should be included into an accompanying *.shp.xml file.

i. For each eelgrass survey, plot the eelgrass…