Request_for_Proposals_N6247320RP001_App._G-L.pdf

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Defense Fuel Support Point San Pedro Commercial Lease
Solicitation number
N6247320RP001
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Appendix G - Impact Avoidance and Minimization Measures Appendix H - Main Terminal Record of Survey Showing Exception Areas 1-3 Appendix I - Main Terminal Real Estate Summary Map/Existing Encumbrances Map Appendix J - Marine Terminal Future Encumbrances Map Appendix K - Offeror's Cover Page Appendix L - Past Performance Questionnaire

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B-1

# Applies to Alternative(s) Action and Description Responsible Party

GENERAL

Short-Term (Rehabilitation and Construction)

G-1 1 and 2 All new construction, demo or renovation projects require preparation of an Environmental Protection Plan to be submitted to Installation Environmental staff for review; the EPP will describe how the mitigation, impact, avoidance and minimization measures presented in this table will be implemented.

LESSEE

AIR QUALITY (A)

Short-Term (Rehabilitation and Construction)

A-1 1 and 2 Lessee shall comply with air permit requirements and mobile air regulations in compliance with federal, state and local regulations.

LESSEE

A-2 1 and 2

Dust suppression methods (such as using water trucks to wet the disturbed areas and any soil stockpiles during rehabilitation and construction and covering stockpiles with tarps or other physical barriers) will minimize fugitive dust emissions in compliance with local city and air district regulations such as Air Quality Management District (AQMD) Rule 403..

LESSEE

A-3 1 and 2 Rehabilitation and construction activities will not occur when wind speeds exceed 25 miles per hour except as specifically exempted under AQMD Rule 402.

LESSEE

A-4 1 and 2 The best available engine technologies will be utilized on construction vehicles, when available, and in compliance with California Air Resource Board (CARB) rules and regulations.

LESSEE

A-5 1 and 2 The lessee is required to comply with all AQMD regulations, including fugitive dust measures.

LESSEE

WATER RESOURCES (W)

Short-Term (Rehabilitation and Construction)

W-1 1 and 2

The lessee would prepare and implement a project-specific construction stormwater pollution prevention plan (SWPPP) and all applicable best management practices (BMPs) for each location, in accordance with the Construction General Permit from initiation through completion of construction activities. Appropriate BMPs will be implemented in accordance with the Construction General Permit that meet requirements for Best Available Technology and Best Conventional Pollutant

LESSEE

Appendix "G"

Table of Impact Avoidance and Minimization Measures From the Draft Environmental Assessment for Action Alternatives (1 and 2)

Oct 2019 Rev.

B-2

Impact Avoidance and Minimization Measures for the Action Alternatives (1 and 2)

# Applies to Alternative(s) Action and Description Responsible Party

Control Technology to reduce or eliminate pollutants from entering receiving waters. These BMPs generally fall into four main categories: erosion control, soil stabilization, sediment control, and non-stormwater management. BMPs may include but not be limited to the following:

a. Stabilize disturbed soils through erosion and sediment control measures.

b. Revegetate disturbed areas with native or naturalized plant species consistent with the surrounding vegetation once rehabilitation and construction is complete.

c. Protection of storm drains around the rehabilitation and construction sites with sediment control (e.g., fiber rolls and sediment traps).

d. Storage of hazardous materials with proper secondary containment, and establishment of designated vehicle and equipment maintenance areas.

e. Management of spills and leaks from vehicles and equipment through inspections and use of drip pans, absorbent pads, and spill kits.

f. At the Marine Terminal, appropriate BMPs (e.g., pier-level containment partitions, in-water containment boom) will be implemented (as warranted) to minimize the potential for construction debris to enter the Port of Long Beach harbor.

W-2 1 and 2

If groundwater is encountered, dewatering wells or sumps may be used to lower the water table a few feet below the impacted excavation area. All groundwater encountered would be captured, sampled, and pretreated before discharge in accordance with the project-specific construction SWPPP. Any dewatering associated with a project needs to be reviewed by Installation Environmental staff to ensure no changes in contaminated groundwater plumes.

LESSEE

W-3 1 and 2 All projects should incorporate Low Impact Development (LID) measures to retain rainwater in catch basins on site and not discharge through outfalls off-site.

LESSEE

W-4 1 and 2

If any additional soil or groundwater contamination is found during the rehabilitation process, a follow-on site investigation and restoration project would be initiated to identify source of contamination as whether from DLA operations or from Navy pre-capitalized product. Cleanup would be negotiated with the California Department of Toxic Substances Control Certified Unified Program Agency and the Los Angeles Regional Water Quality Control Board. This process would include analysis of any such contamination and ensure that any potentially contaminated soil or groundwater would be disposed of in accordance with applicable federal, state, and local regulations.

LESSEE (Site Investigation and Restoration) GOVERNMENT (Agency Coordination)

W-5 1 and 2

Due to the conversion of pervious to impervious ground cover associated with future development, a stormwater study shall be conducted by the lessee to determine the ability of the existing storm water infrastructure to accommodate the additional flow. The stormwater collection system would be designed and implemented based on the stormwater study and in compliance with Unified Facilities Criteria 3-210-10 and Section 438 of the Energy Independence and Security Act

LESSEE

B-3

# Applies to Alternative(s) Action and Description Responsible Party of 2007.

Long-Term (Operations)

W-6 1 and 2 New SWPPPs would be prepared by the lessee for the Main and Marine Terminals in compliance with all regulatory requirements applicable to post-rehabilitation/construction site conditions and activities, to curtail any potential future impacts to water resources.

LESSEE

GEOLOGICAL RESOURCES (G)

Short-Term (Rehabilitation and Construction)

G-1 1 and 2

During rehabilitation and construction, a geotechnical/engineering evaluation will be conducted to determine the engineering measures and guidelines for restoration of excavations, compacting of soils, and slope stabilization. The evaluation will also evaluate whether additional drainage diversion/control will be needed on the slopes. The potential for increased landslides and erosion will be minimized by following a site engineering plan that identifies appropriate fill materials, compaction to engineering standards, appropriate angles for the reconstructed slopes, and drainage control to stabilize the reconstructed slopes. Examples of engineering controls could be:

a. The use of benched slopes on the steep hillsides; and

b. Concrete-lined drainage ditches to direct runoff away from the reconstructed slopes.

LESSEE

G-2 1 and 2

During rehabilitation and construction, lessee shall use a specified laydown area for the vehicles and equipment, drive on existing roads as much as possible, use of stabilized construction entrance/exit to minimize sediment from being carried offsite by vehicle tires, and use erosion-prevention BMPs such as:

a. Covering soil piles at the work site;

b. Using silt barriers to prevent soil loss from runoff; and

c. Revegetating reconstructed slopes to provide a surface cover to protect the soil from erosion.

LESSEE

G-3 1 and 2

Any new ASTs would be constructed by the lessee in compliance with the applicable Unified Facilities Criteria (if storing military grade fuels), or state or local requirements for seismic design so that they would not pose any increased risk of earthquake-related injury/damage. The lessee shall ensure that it is feasible to construct on top of these areas. Standard seismic engineering data would be used to minimize potential effects of seismically induced ground movement such as severe shaking, lateral spreading, or slope failure.

B-4

# Applies to Alternative(s) Action and Description Responsible Party

G-4 2 The lessee shall be required to observe the institutional controls that have been implemented to prevent unauthorized disturbance of the sediment under Pier 12.

LESSEE

G-5 1 and 2

Soil material would be temporarily stockpiled in generally flat and previously developed/disturbed areas, and appropriate erosion control BMPs would be implemented in accordance with a project-specific construction SWPPP and in compliance with coverage under a Construction General Permit. Excavated areas would then be compacted to engineering standards and graded to approximate existing slope contours. Exposed areas would be revegetated to provide a surface cover to protect the soil from erosion.

LESSEE

G-6 1 The lessee shall perform geological studies on the site to confirm where the fault line actually is before proposing construction of tanks in the area of the fault line.

LESSEE

BIOLOGICAL RESOURCES (B)

Note: These measures are mandated by two recent Biological Opinions issued to DFSP San Pedro (FWS-LA-08B0606-08F0704 [issued in 2010] and FWS-LA-15B0317-15F0042 [issued in 2015]). All applicable measures would still be mandated, and all references to demolition would apply to rehabilitation and construction under the Proposed Action. In addition, these measures apply only to the Main Terminal where the biologically sensitive areas have been identified.

Short-Term (Rehabilitation and Construction)

B-1 1 The project area will be accessed using existing roads. Parking, driving, lay-down, stockpiling, and vehicle and equipment storage will be limited to previously compacted and developed areas within the Operations Area. No off-road vehicle use will be permitted beyond the Operations Areas and designated access routes, except as addressed in #B-2.

LESSEE

B-2 1

To minimize impacts to biologically sensitive areas, construction access routes will be determined in coordination with Naval Facilities Engineering Command Southwest biologists during the design phase, and delineated in the construction plans. This access route will be clearly marked and will be considered part of the project activity zone. Biologically sensitive areas will be clearly marked on project activity plans, and avoided by personnel and equipment.

LESSEE

B-3 1

At least seven days before project initiation, the limits of the project boundary, including temporary features such as staging areas, will be clearly marked with flagging, fencing, or signposts. All project-related activities will occur within the project boundary. Limits of the project activity zone will be clearly marked on construction plans. No unauthorized personnel or equipment (including off-road vehicle access) will be allowed outside the project activity limits or designated access routes.

LESSEE

B-4 1 Should night work be authorized, any night work will involve shielding all lighting away from sensitive areas.

B-5

# Applies to Alternative(s) Action and Description Responsible Party

B-5 1 A lessee education program will be conducted during all project phases and will cover the potential presence of listed species; the requirements and boundaries of the project; the importance of complying with avoidance, minimization, and compensation measures; and problem reporting and resolution methods.

GOVERNMENT

B-6 1 All trash generated by demolition activities will be disposed of properly. All food-related trash will be placed in sealed bins or removed from the site regularly. Following initial project activities, all equipment, waste, and project debris will be removed from the site, and the soil will be re-contoured before habitat restoration.

LESSEE

B-7 1 Staging areas, laydown areas, and/or other temporary project activity-related requirements will be located within the Operations Area, in already disturbed areas or non-sensitive habitat types.

LESSEE

B-8 1 Use of shoring or other excavation stability measures to reduce areas of impact may be employed where practicable. LESSEE

B-9 1

A Project Biologist will be on site when work is being done in and/or adjacent to identified habitat areas. These identified habitat areas with an appropriate buffer will be included on project maps and drawings. The Project Biologist will identify work areas, monitor work activity, provide “tailgate” sessions for the lessee, and oversee and execute the impact avoidance and minimization measures pertaining to biological resources. The Project Biologist will have experience with listed and sensitive species, including Palos Verdes blue butterfly (PVB), that occur or have the potential to occur in the project area.

Before demolition activities, a qualified biologist will conduct pre-project clearance surveys to ascertain the demolition area is not being used by federally listed species. The following measures will be used to minimize and avoid impacts to PVB eggs, larvae, and adults within listed species management areas:

a. When practical, activities will avoid the flight season (February 15 to May 31);

b. For activities that require work within the flight season, the following measures will be implemented to minimize impacts to PVB;

i. Hostplants will be censused within the project footprint;

ii. All hostplants, including a 2-foot buffer around their canopies, will be avoided where possible; and

iii. All work will be conducted during daylight hours to allow adult PVB to escape impacts.

LESSEE (Government must approve biologist)

B-10 1

The following measures are designed to minimize impacts to habitat for federally listed species:

a. If access to work areas cannot be provided from existing roadways, construction equipment will access work areas by rolling over (crushing) existing vegetation;

b. If vegetation must be cleared for equipment access, vegetation will be cut at its base to avoid uprooting shrubs;

c. If substantial soil disturbance is necessary in high quality habitat as determined by a United States Fish and Wildlife

Service (USFWS) -approved biologist, topsoil will be salvaged and replaced following impact;

LESSEE (d and f do not apply)

B-6

# Applies to Alternative(s) Action and Description Responsible Party

i. If additional seeding and/or planting are determined to be necessary, seeds or clippings will be collected from Defense Fuel Support Point (DFSP) San Pedro to ensure appropriate plant stock is used, and the appropriate seed mix will be determined by the Project Biologist. PVB hostplants will be included in the seed mix if surrounding areas contain suitable PVB habitat. No nonnative plant species will be included in the seed mix;

d. No more than 0.2 hectare (ha) (0.5 ac) of suitable coastal California gnatcatcher (CAGN) or PVB habitat will be impacted in any 1-year period, and no more than 0.4 ha (1 ac) will be impacted over any 3-year period. Separate consultation will be required for any activities that may impact larger areas;

e. By September 31 of each year Defense Logistics Agency will provide the Service with an annual report that includes a table/spreadsheet that documents all habitat impacts that resulted from operations, maintenance and restoration activities implemented during the period between October 1 and September 3. The annual report will include a 3-year running cumulative table that reports and tabulates all impacts to PVB and CAGN habitat from operations and maintenance activities. Habitat impacts resulting from restoration activities will be tabulated separately. The annual report will include maps and or figures that display the location of all habitat impacts from operations and maintenance and restoration activities; and

f. Where temporary habitat impacts are unavoidable, impacted areas will be restored and habitat restoration plans will be forwarded to the USFWS for review prior to implementation. If the USFWS does not respond within 30 days, DFSP San Pedro will assume that the USFWS has no concerns with the plans and proceed with the restoration.

B-11 1

The following measures will be used to minimize and avoid impacts to CAGN:

a. The biologist will monitor demolition activities. The Project Biologist will conduct pre-activity surveys for CAGN s and their nests in and within a 100-foot wide buffer surrounding the impact area. These surveys will be conducted within the week before the initiation of brush clearing, grading, or other demolition activities. The Navy will coordinate with the USFWS to determine appropriate nest survey frequency. Areas that have been surveyed would be flagged, and any vegetation that is required to be removed for purposes of demolition would be removed outside the breeding season.

b. Dust migration in or adjacent to Coastal Sage Scrub areas will be minimized by lightly spraying areas of exposed soil with water during excavation activities when weather conditions require the use of dust control measures.

c. When practical, activities will avoid the active nesting season (February 15 to August 15);

d. The following measures will be employed if active CAGN nest(s) are detected within the immediate area of project impacts or within the surrounding 100-foot wide buffer:

B-7

# Applies to Alternative(s) Action and Description Responsible Party

i. If practical, demolition activities will be avoided within 100 feet of a nest until the nest fails or juveniles successfully fledge as determined by the Project Biologist.

ii. If any active CAGN nest (nest containing eggs or an empty or partial nest with CAGNs actively exhibiting breeding behaviors) occurs within 100 feet of proposed demolition area, the Project Biologist will report the nest to the Navy. The Project Biologist will use the distance to the project limits and local topography to determine if demolition activities are likely to directly damage a nest or disturb nesting activities. Signage will be installed to deter people from entering any area within an active CAGN nest.

iii. Where damage or disturbance of any CAGN nest(s) is likely, Naval Weapons Station Seal Beach will implement further measures to avoid the likelihood of nest destruction or disturbance, including temporarily halting clearing activities until the nest fails or until at least 10 days after young fledge from the nest.

Demolition activities will be directed to other areas farther from the active nest(s) where the activities will not disturb the active nest(s).

iv. The Project Biologist will monitor nest progress, demolition activity, and protective fencing to minimize potential demolition-related disturbance and submit a weekly nest status report to Naval Weapons Station Seal Beach. A post-demolition report will be submitted to the USFWS summarizing the weekly nest status report and outcomes within six months of project completion.

e. The following measures will be implemented to minimize impacts to CAGN outside of the breeding season:

i. Immediately prior to clearing vegetation, a Service-approved biologist will survey the work area for CAGN;

ii. If CAGN are found within the work footprint, the biologist will direct workers to begin initial vegetation clearing in an area away from CAGN; and

iii. The biologist will walk ahead of clearing/grubbing equipment to passively flush birds toward areas of appropriate vegetation that are to be avoided.

B-12 1 Due to the presence of Migratory Bird Treaty Act habitat within the project area, a qualified biologist will conduct pre-activity surveys for migratory birds and their nests within the project area and associated buffer area. The areas will be flagged; any vegetation needing to be removed for demolition will be removed prior to breeding season.

LESSEE (Government must approve biologist)

B-13 1

The entity performing the closure activities will be required to prepare a Revegetation Plan that is consistent with the DFSP Integrated Natural Resources Management Plan (INRMP). The Revegetation Plan will address all revegetation efforts associated with the project activities and include specific erosion control measures, irrigation requirements, species composition, seed mix origins and ratios for that particular habitat, weed control, water regimes, maintenance activities, success criteria, and monitoring requirements. The Revegetation Plan will apply to all soil disturbance and will include the following:

DOES NOT APPLY (BECAUSE

THE LESSEE WILL AVOID

HABITAT AREAS); THE

GOVERNMENT WILL MAINTAIN

RESPONSIBILITY FOR HABITAT

AREAS

B-8

# Applies to Alternative(s) Action and Description Responsible Party

a. The Operations Area will be reseeded with native species.

b. The Habitat Area (Listed Species Management and Habitat Opportunity Areas) will be restored with habitat plantings specific to the PVB and CAGN, as appropriate.

c. To minimize and avoid impacts to CAGN following project completion, all suitable and/or occupied CAGN habitat that is temporarily impacted by project activities will undergo appropriate restoration activities (e.g., re-contouring, planting, and weeding). Restoration will be conducted consistent with the Restoration Plan.

d. Revegetation methods for habitat areas will be consistent with the INRMP and include seeding and/or planting of container stock, salvaged plants, cuttings, or other propagules collected or propagated from a local native plant nursery or locally collected sources, including any sensitive plant species that will be impacted during soil disturbance or other project activities. Plants from local nurseries will use clean, weed-free soil.

e. Reseeding/replanting that becomes necessary after the start of the rainy season will be done as soon as possible.

Long-Term (Operations)

B-

Areas impacted by project activities will be inspected by the Navy within one year following the completion of project activities to determine whether any remedial measures, such as re-seeding/re-planting, weed control, watering, and/or erosion control, are required. Up to five years of post-restoration monitoring within disturbed habitat areas will occur.

Invasive weed control (e.g., hand removal, mechanical, and herbicide control) will be implemented in areas reseeded/replanted until the native vegetation is established. This will be conducted as part of the established Habitat Management Program and incorporated into the Habitat Management Plan and INRMP.

GOVERNMENT

B-

The project will minimize the potential for invasive plant species (i.e., weeds) or soil pathogens to become established in disturbed areas and spread into Listed Species Management Areas as well as minimize the risk of habitat degradation from the invasion of nonnative vegetation into Listed Species Management Areas. Invasive plant species generally include those species listed by the California Invasive Plant Council (Cal-IPC) and any species that can invade natural or restoration areas and replace or preclude the establishment of native or other more desirable species. Invasive Species (as listed by the Cal-IPC “high” and “moderate” categories) will be prevented from establishing in temporarily disturbed areas by biological monitoring and removal if discovered. The following measures will be implemented:

a. Vegetation characteristics will be monitored annually within habitat areas using study areas defined in Longcore (2007). Monitoring will occur following the PVB flight season each year. The following characteristics will be estimated:

i. Three permanent transects will be established in each survey area to estimate percent cover of native shrubs, native forbs, nonnative grasses, nonnative forbs, and bare ground.

B-9

# Applies to Alternative(s) Action and Description Responsible Party

ii. For each study area, a qualified biologist will provide a narrative that describes which invasive species pose the most important threats to habitat.

b. The following species will be eradicated from the Listed Species Management Areas, and any new invasion will be eliminated annually: giant reed (Arundo donax), Peruvian peppertree (Schinus molle), and iceplant (Carpobrotus edulis). Eradication techniques will avoid PVB hostplants with a buffer (2 foot) around hostplant canopies and follow guidelines described in CAGN minimization measures.

c. A qualified biologist will maintain and continually update a list of nonnative plants that are known to quickly invade and degrade native habitat in the vicinity of DFSP San Pedro. If plant species with rapid colonization and invasion potential are observed within the Listed Species Management Areas, they will be the highest priority for annual weed management. This list will initially include: spurge (Euphorbia terracina), castor bean (Ricinus communis) and pampas grass (Cortaderia selloana);

d. Other nonnative plants will be managed as part of habitat maintenance using the approaches as deemed appropriate by a biologist:

i. Routine nonnative vegetation control will be implemented using hand tools, including hand-held power tools such as weed trimmers, without the use of chemicals.

ii. To minimize impacts to PVB adults, use of powered weed trimmers or other potential disturbance-inducing methods will be avoided during the PVB flight season (February 15 to May 31) within areas determined to be occupied by monitoring and areas mapped as potentially occupied by PVB.

iii. In problematic areas, herbicides will be applied by certified pesticide applicators as needed using the following guidelines:

a. A mixture of 2 percent glyphosate and 98 percent water with no surfactant will be used. Alternate herbicides or formulations may be used with Service approval;

b. A marking dye (e.g., Blazon® Blue or Tracer™) will be added to the spray solution to help ensure that the herbicide is applied only to target plants;

c. The herbicide solution will be sprayed through a wand that reaches down to the base of target plants where a small amount of the herbicide solution will be sprayed;

d. Herbicide treatments will be limited to periods of low wind to reduce spray drift (unintended dispersal of herbicide through currents of air). Herbicide will not be used if conditions become windy (maximum gusts of 11 kilometers per hour (km/h) [7 miles per hour (mph)];

e. No herbicide will be applied within 2 feet of any coast locoweed (Astragalus trichopodus var. lonchus) or deerweed canopy;

B-10

# Applies to Alternative(s) Action and Description Responsible Party

f. Using data from vegetation sampling, each study area will be assessed to determine whether it meets the following criteria in regards to the severity of nonnative plant dominance.

i. If the relative ratio of nonnative plant cover to native plant cover for any study area exceeds 1:1, the biologist will initiate vegetation management for that study area during the same calendar year.

ii. If nonnative vegetation remains above this threshold two years later, the biologist will contact the USFWS and DFSP San Pedro to coordinate remedial actions, which may include supplemental seeding to enhance success.

B-

The following measures will be used to conserve PVB at the DFSP San Pedro:

a. To maintain a captive breeding program to support PVB protection and recovery, DFSP will:

i. Continue to fund the existing onsite captive breeding program that was initiated during consultation for the Chevron pipeline project [Formal Section 7 Consultation for the Chevron 1-8” Pipeline and Associated Government Pipeline Projects, Defense Fuel Support Point, San Pedro, Los Angeles County, California (1-6- 96-F-09)];

ii. Provide annual reports to the Carlsbad Fish and Wildlife Office that include techniques, results and proposed changes for the captive breeding program. The reports will be submitted by October 1 of each year to allow sufficient time for the Service to provide comments for the following breeding season;

iii. Provide access to facilities and share data with public or private researchers studying captive breeding techniques;

iv. Support maintenance of secondary PVB rearing facilities to protect against catastrophe;

v. Continue to provide PVB from the captive rearing program for Service-approved releases throughout the historic range of the species;

vi. Continue to allow the operation of a native plant nursery on DFSP San Pedro for providing PVB host plants and other native vegetation for habitat restoration projects within and outside the facility; and

vii. Continue to share PVB information with others who are trying to establish habitat and PVB populations.

b. To monitor PVB in the wild, DFSP San Pedro will:

i. Continue annual PVB surveys along transects that have been sampled since 1999 and as described in

Longcore 2009;

ii. Conduct PVB surveys throughout all habitat management areas as defined in Longcore (2007) every three years or as habitat conditions are appropriate. Survey protocol will follow the 2006 basewide sampling effort and include hostplant mapping (Longcore et al. 2010); and

GOVERNMENT (a,b) LESSEE (c,d,e)

B-11

# Applies to Alternative(s) Action and Description Responsible Party

iii. Deviations from the established PVB survey protocol will require coordination with and approval from the Service.

c. The following measures will be used to minimize and avoid impacts to PVB eggs, larvae, and adults within potentially occupied habitat:

i. When practical, routine maintenance and operations activities listed above will avoid the flight season

(February 15 to May 31);

ii. For activities that require work within the flight season, the following measures will be implemented to minimize impacts to PVB;

a. Hostplants will be censused within the project footprint;

b. All hostplants, including a 0.6-meter (2-foot) buffer around their canopies will be avoided where possible; and

c. All work will be conducted during daylight hours to allow adult PVB to escape impacts.

d. The following measures will be implemented to restore PVB habitat in vegetation communities that have matured to a point that they no longer include open patches with PVB hostplants and support few or no PVB:

i. For restoration activities, there will be an appropriate plan with existing conditions, methods, monitoring, maintenance (3-5 years), success criteria, reporting, and remedial actions. These plans will be forwarded to the Service for approval;

ii. Restoration priority will be given to the edges and outside of existing CAGN habitat;

iii. Priority will be given to areas that have relatively low PVB abundance according to recent survey data;

iv. The basic strategy will be to mimic natural disturbance events that historically maintained PVB habitat, but specific techniques will be determined on a project-specific basis; and

v. No more than 0.4 ha (1 ac) will be disturbed for the purpose of habitat restoration in any 1-year period, and this acreage will not be included in the limit described in Conservation Measure B-10.

e. The following measures will be implemented to minimize and avoid impacts to PVB and its habitat within the designated mowing areas:

i. No mowing will be conducted between February 15th and May 31st , when PVB eggs, larvae or adults are likely to be present; and

ii. No heavy equipment will be used for vegetation clearing in the Avoidance areas, and no clearing or mowing will occur between February 15th and May 31st. Where appropriate, bright colored flagging and tape will be used to demark the Avoidance areas.

B-12

# Applies to Alternative(s) Action and Description Responsible Party

B-

1 Continued operation of the onsite native plant nursery.

GOVERNMENT

LAND USE (L)

Short-Term (Rehabilitation and Construction)

L-1 1 and 2 Although facilities built on federal property are exempt from state and local building codes, the Navy will require the lessee to follow state and local building codes to the maximum extent practicable.

LESSEE

VISUAL RESOURCES (V)

Short-Term (Rehabilitation and Construction)

V-1 1 To the extent practicable, the lessee shall be required by the Navy to preserve existing vegetation and trees on the Main Terminal to reduce visual impacts to the surrounding viewshed.

LESSEE

V-2 1 The lessee shall consider the visual impacts of the facilities and infrastructure they are proposing to construct to consider visual screening and landscaping improvements where practicable.

LESSEE

V-3 2 If developing structures and facilities at the Marine Terminal, the lessee shall develop to a similar size, mass, and height of those existing to the maximum extent practicable, to ensure no dramatic change to visual setting.

LESSEE

NOISE (N)

Short-Term (Rehabilitation and Construction)

N-1 1 and 2

The lessee shall comply with all applicable laws and regulations including Navy requirement, to the fullest extent practicable. In addition, the following measure will be implemented:

a. The lessee shall provide advance notification of proposed rehabilitation and construction activities and associated rehabilitation and construction hours to the community.

LESSEE

N-2 1 and 2

San Pedro (City of Los Angeles Department of Building and Safety) permits construction activity between 7 A.M. and 9 P.M., Monday through Friday; 8 A.M. to 6 P.M. on Saturdays or holidays; and no work allowed on Sunday. Construction activity at the Marine Terminal would follow a similar construction window dictated by the City of Long Beach. All construction activity would conform to local regulations to occur within the specified window whenever possible and receive prior approval from the city for exceptions.

LESSEE

INFRASTRUCTURE (I)

Short-Term (Rehabilitation and Construction)

B-13

# Applies to Alternative(s) Action and Description Responsible Party

I-1 1 and 2 The lessee shall divert as much demolition waste from landfills as possible using demolition deconstruction techniques to reduce, reuse, or recycle the various types of waste. Demolition material would be recycled to the maximum extent practicable and when not feasible, the material would be categorized and sent to an appropriate disposal facility.

LESSEE

TRANSPORTATION (T)

Short-Term (Rehabilitation and Construction)

T-1 1 and 2 Western Avenue would not be used for repair or rehabilitation and construction-related trips to/from DFSP San Pedro.

LESSEE

PUBLIC HEALTH AND SAFETY (P)

Short-Term (Rehabilitation and Construction)

P-1 1 and 2 The lessee shall gain approval from the Navy for any changes to security procedures relating to commercial staff or other members of the public accessing DFSP San Pedro (Main or Marine Terminals).

LESSEE

P-2 1 and 2

The lessee shall ensure any products used in their operations that are transferred via the same system as the military fuels (F-76 and JP-5/JP-8) are compatible, and ensure any installed system has a way to be purged and checked to confirm the quality of fuel at fuel delivery points at Pier 12 (to confirm delivered products are meeting Military Specifications [MILSPEC] quality requirements).

LESSEE

P-3 1 and 2 The lessee shall implement inspection, testing, and monitoring procedures as well as safety measures at least as stringent as those that DFSP San Pedro was functioning under during the historical fully operational condition.

LESSEE

P-4 1 and 2 The lessee shall ensure appropriately rated roads are be used by tankers, and that tankers would not be travel on public roads at times of major traffic congestion in the local community.

LESSEE

P-5 1 and 2

The lessee shall have adequate arrangements to fund and respond to spills on land and in water. In-water spills shall be reported to appropriate regulatory agencies and Navy. Land spills exceeding 42 gallons shall be reported to appropriate regulatory agencies, but all land spills should be documented by lessee in a spill log. Log shall have adequate information, but not limited to, time, date, location, type of spill, impact to any waterbodies or release into storm drains, reason for release, corrective actions, responsible party. All spill information and logs can be requested by Navy at any time for review. The lessee shall maintain a Spill Prevention, Control and Countermeasure (SPCC) plan if 1320 gallons of fuel are stored onsite as well as comply with all regulations pursuant to 40 CFR 112 CWA.

P-6 1 and 2 The lessee shall provide for emergency communication and evacuation/alarm notifications to surrounding entities and other on-site users (e.g., ballfields).

B-14

# Applies to Alternative(s) Action and Description Responsible Party

HAZARDOUS MATERIALS AND WASTES (H)

Short-Term (Rehabilitation and Construction)

H-1 1 and 2

Before the start of rehabilitation and construction activities, a site-specific Health and Safety Plan will be prepared and submitted for the Navy’s approval, and all necessary permits and approvals will be obtained. The Health and Safety Plan will include detailed precautionary measures to substantially reduce potential exposure of on-site personnel to petroleum waste, hazardous waste, and potentially explosive gases. All on-site personnel handling or working in the vicinity of the contaminated soil will be trained in accordance with Occupational Safety and Health Administration regulations for hazardous waste operations. These regulations are based on Code of Federal Regulations 1910.120 (e) and 8 California Code of Regulations 5192, which states that “general site workers” shall will receive a minimum of 40 hours of classroom training and a minimum of three days of field training. This training provides precautions and protective measures to reduce or eliminate hazardous materials/waste hazards at the work place.

The site-specific Health and Safety Plan will describe the strategy for handling and disposing of all construction debris.

Part of this strategy will be to divert as much of the construction waste from landfills as possible using techniques to reduce, reuse, or recycle the various types of waste. Any required asbestos, lead, or polychlorinated biphenyl abatement will be conducted before rehabilitation and construction activities begin. The removal methods, health and safety procedures, and disposal methods will conform to the applicable regulations of federal, state, and local regulatory agencies, including any required notifications.

LESSEE

H-2 1 and 2

Before the start of rehabilitation and construction activities, Lessee shall coordinate with the Navy and Regional Water Quality Control Boards, Los Angeles Region, to determine whether demolition of underground and aboveground pipelines will potentially damage existing monitoring wells, remediation wells, and aboveground remediation equipment. In the event that such a scenario occurs, an environmental monitor, knowledgeable of on-site remediation equipment, will be present during underground pipeline demolition activities to verify that subsurface wells and remediation equipment are not damaged.

LESSEE

H-3 1 and 2 The Lessee shall be required to strictly comply with all applicable hazardous waste management and permitting requirements under RCRA and/or its applicable state equivalent.

LESSEE

CULTURAL RESOURCES (C)

Short-Term (Rehabilitation and Construction)

C-1 1 and 2 Halt work orders shall will be given if ground-disturbing activities were to encounter an unexpected archaeological discovery.

GOVERNMENT

EXCEPTION

AREA #2

EXCEPTION

AREA #1

SEE SHEET 2

Appendix "H"

SHEET 1 OF 2

December 11, 2018Main Terminal Record of Survey Showing Exception Areas 1-3

EXCEPTION

AREA #3

SEE SHEET 1

Appendix "H"

SHEET 2 OF 2

December 11, 2018

N61065-SP

06/30/2014

Main Terminal Real Estate Summary Map - Existing Encumbrance Map Appendix "I" lonie.cyr Text Box

BK 29643 PG 336

lonie.cyr Line lonie.cyr Text Box

L.A. COUNTY SANITATION DISTRICT

lonie.cyr Text Box NOyR 43592 lonie.cyr Text Box

BK 37348 PG 328

Appendix "J"

SHEET 1 OF 1

April 30, 2019Marine Terminal Future Encumbrance Map jerry.sain Line jerry.sain Callout

APPROXIMATE LOCATION OF NIMITZ ROAD ENCUMBERANCE

jerry.sain Callout

LEASE BOUNDARY

jerry.sain Polygon jerry.sain Callout

APPROXIMATE LOCATION OF SEWAGE LIFT STATION ENCUMBERANCE

Request for Proposal N6247320RP001

APPENDIX K

REQUEST FOR PROPOSALS N46247320RP001

COMMERICAL OUTLEASE AT DFSP SAN PEDRO, SAN PEDRO, CA

OFFEROR’S COVER PAGE

(Name of Offeror) (Point of Contact)

(Street Address) (Telephone Number)

(City, State and Zip Code) (Fax Number)

(Electronic Mail Address)

1. This offer is valid for a period of 180 days from the date hereinafter written.

2. Receipt of amendment(s) [insert amendment number, if applicable] is acknowledged.

3. Statement of Authority to Release Proprietary Information I hereby certify that I have read the Request for Proposals and understand and approve of the release of the information in all proposal submittals to the Government and its contractors for the purpose of providing advisory/consulting services in the Government’s evaluation of this Solicitation. I further understand that the Government and its contractors will not disclose any confidential information identified as such in these submissions.

4. Conflicts of Interest I hereby certify that to the best of my knowledge no potential conflict of interest exists between the above-identified Offeror and The Concourse Group, which has served as an advisor to the Navy on this project. As a condition of this offer, should my firm be the Selected Offeror for negotiations by the Government, my firm will not contract at any time with The Concourse Group nor any of its subcontractors for work relating to this project.

Authorized representative and signatory for Offeror:

(Print) Name Title Date

Signature

REQUEST FOR PROPOSALS N6247320RP001

APPENDIX L

PAST PERFORMANCE QUESTIONNAIRE

To: Offeror

1. A Past Performance Questionnaire must be completed for each project submitted by the Offeror in response to Factor B in the RFP, that reflects the past performance of the company and/or team with respect to the operation and management of a facility or project similar in nature, scope and scale to this solicitation.

2. The attached letter and accompanying questionnaire are provided for your use in obtaining the required information.

3. You are responsible for forwarding the past performance questionnaire to owners or clients that you use as references. References should be independent, with no affiliation with team members. You must complete Section 1 prior to forwarding to the reference. Your references must mail or e-mail their responses on or before the date established in the RFP for receipt of the submittal. Failure to receive this information may impact the assessment of your firm’s past performance and overall proposal.

4. A DON representative may place a follow-up call to your references for further information and/or clarification. Accordingly, the person completing the questionnaire should have first-hand knowledge of your performance.

5. The Offeror understands that all information submitted by the reference will be kept CONFIDENTIAL by the Government.

To: Reference for ________________ (the “Company”)

Subj: REQUEST FOR PROPOSALS N6247320RP001 - PAST PERFORMANCE

QUESTIONNAIRE

1. The purpose of the attached questionnaire is to obtain past performance information relative to the operation and management of similar properties and projects recently completed or currently being performed by the Company using you as a reference. This Company is a potential awardee of a lease of Defense Fuel Support Point (DFSP) San Pedro, CA with the Department of the Navy (“DoN”). The Request for Proposals for this opportunity is posted publicly to Federal Business Opportunities website, https://www.fbo.gov, Solicitation Number N6247320RP001.

2. The individual responding for your firm should have first-hand knowledge of the operation and management services provided by the Company on similar projects. A DON representative may place a follow-up call to this person for further information or clarification.

3. Section I has been completed by the Company. It identifies the operation and management of property or a project, similar to the DFSP San Pedro, CA lease opportunity, which the Company believes demonstrates its qualifications. Please complete Sections II, III and IV, and attach continuation sheets if additional space is needed. We seek additional comments that indicate the particular strengths and professional qualifications shown by the Company in dealing with the issues and challenges that arose on similar efforts. All information will be kept CONFIDENTIAL.

4. If you return the questionnaire by mail, please write “Lease of DFSP San Pedro, CA

REQUEST FOR PROPOSALS N6247320RP001 -- BUSINESS SENSITIVE

INFORMATION -- To be opened by addressee only” on the envelope and mail to:

Naval Facilities Engineering Command Southwest Attn: Kimberly Spencer, Real Estate, B127 1220 Pacific Highway San Diego, CA 92132-6186

Questionnaires may be emailed in PDF format to: kimberly.spencer@navy.mil

5. Your cooperation in this matter is greatly appreciated.

https://www.fbo.gov/

Questionnaire regarding Past Performance and Qualifications concerning Operation and Management Services on projects similar to those under the proposed Lease of DFSP San Pedro, CA.

I. Company and Operation and Management Information

COMPANY: __________________________________________________________________

PROJECT TITLE: ____________________________________________________________

CONTRACT TYPE (List all that apply, e.g., Lease, Permit, License, etc.):

PROJECT LOCATION: ________________________________________________________

DESCRIPTION OF SIMILAR PROJECT (Identify relevant features, magnitude, level of complexity, etc.):

PERIOD OF PERFORMANCE: _________________________________________________

PROJECT INFORMATION:

PROJECT OWNERSHIP:_______________________________________________________

II. Evaluate each of the following factors using the ratings provided.

Exceptional (E): Demonstrating excellence in operating and managing properties and facilities similar to those included in the opportunity, and construction or development management if applicable. Performance exceeds customer expectations. Development and/or construction objectives exceeded.

Satisfactory (S): Demonstrating satisfactory levels of expertise and capability to perform operating and managing properties and facilities similar to those included in the opportunity, and construction or development management if applicable. Customer expectations achieved.

Unsatisfactory (U): Demonstrating substandard performance with regard to operating and managing properties and facilities similar to those include in the opportunity, and construction or development management if applicable. Performance fails to meet customer expectations.

Not Applicable (N/A): Not applicable. If not applicable, please include an explanation below in the “Comments” section.

OPERATIONS AND MANAGEMENT

Extent to which management plan was met E S U N/A

Timely/courteous responses to complaints E S U N/A

Management within property budget E S U N/A

Tenure and capability of staff E S U N/A

Retention of key personnel E S U N/A

Preparation and accuracy of reports E S U N/A

Comments:

BUSINESS RELATIONS

Relationship between contractors and subcontractors E S U N/A

Relationship with local governmental authorities E S U

Innovation in resolving problems E S U N/A

Comments:

COST CONTROL

Management of operating budget, including subcontractor prices for labor and materials

E S U N/A

Reasonableness of costs proposed for modifications E S U N/A

Comments:

CUSTOMER SATISFACTION

Advocacy of customer satisfaction E S U N/A

Would you recommend awarding to this contractor again? If NO, please discuss in ADDITIONAL

REMARKS.

E Yes No N/A

Comments:

III. Please answer each of the following questions:

FINANCIAL INFORMATION - Please complete this section only if the Company was responsible for providing the financing of the operation, management, development, construction and/or renovation of property or facilities

Were any changes made to financial strategy/plan? If YES, please discuss in ADDITIONAL REMARKS.

Yes No N/A

Any cost overruns involved with the project? If YES, please discuss in ADDITIONAL REMARKS.

Yes No N/A

What type of financing was used? Please describe construction and permanent, bond/mortgage:

Yes No N/A

Was financing obtained in a timely manner? If NO, please discuss in ADDITIONAL REMARKS.

Yes No N/A

Were any changes made to financial strategy/plan? If YES, please discuss in ADDITIONAL REMARKS.

Yes No N/A

Were the pro forma financial objectives met? If NO, please discuss in ADDITIONAL REMARKS.

Yes No N/A

ADDITIONAL REMARKS Weaknesses/strengths of financial strategy (please describe):

ACCOUNT MANAGEMENT

Were there instances where subcontractors were not paid? If Yes, please discuss in ADDITIONAL REMARKS

Yes No N/A

Were liens placed against the project? If Yes, please discuss in

ADDITIONAL REMARKS

Yes No N/A

GENERAL

Were there disputes or claims raised or made against the project? If Yes, please discuss in ADDITIONAL REMARKS.

Yes No N/A

Have you used this Company again? If No, please discuss in

ADDITIONAL REMARKS.

Yes No N/A

ADDITIONAL REMARKS (Use additional pages if necessary):

IV. Please provide the following information about you:

Name ________________________________________________

Company _____________________________________________

Address ______________________________________________

Phone Number _________________________________________

Your role relative to project/contract, i.e. Owner, client, contract administrator, or other (explain)

Length of your involvement in project/contract _______________________________________

Signature Date:

File details come from the government source that posted it.