W911KB-15-R-0024-0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

PROJECT TITLE/LOCATION: St Paul Harbor Breakw ater Repairs and Maintenance Dredging, St Paul Island, Alaska

PROPOSAL DUE DATE is changed from 25 August 2015, 2:00 PM Alaska Time to 28 August 2015, 2:00 PM Alaska Time.

Proposals shall be submitted in accordance w ith Section 00 21 00, Paragraph 1.10 Proposal Submittals.

This Amendment provides changes to the solicitation as indicated on page 2 of this document.

YOU ARE REQUIRED TO ACKNOWLEDGE RECEIPT OF THIS AMENDMENT ON THE REVERSE SIDE OF THE STANDARD FORM 1442.

1. CONTRACT ID CODE PAGE OF PAGES

1 3

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

16C. DATE SIGNED

BY 21-Aug-2015

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911KB-15-R-0024

X 9B. DATED (SEE ITEM 11)

24-Jul-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Aug-2015

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911KB-15-R-0024

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 MODIFICATION CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 4

SUMMARY OF CHANGES

AMENDMENT #0004

The following revised drawings are substituted for the superseded drawings:

REF NUM: G-001, SPH012-INDEX SHEET

REF NUM: EXHIBIT – 3, SPH012-EXHIBIT SHEET 3A (Exhibit Drawing Being added)

The following revised documents are substituted for the superseded documents. The identifier “AM#04” appears before and after new and/or revised material and replacement pages are provided, except as noted:

SECTION 01 57 20.01 29 – ENVIRONMENTAL PROTECTION (Section 01 57

20.01 29 replaced in its entirety)

SECTION 35 31 19 – STONE, CHANNEL, SHORELINE/COASTAL

PROTECTION FOR STRUCTURES (Section 35 31 19 replaced in its entirety)

The following documents/drawings are deleted:

NONE

The following documents are added:

The following revisions are incorporated:

Other:

PROPOSAL DUE DATE is changed from 25 August 2015, 2:00 PM Alaska Time to 28 August 2015, 2:00 PM Alaska Time.

W911KB-15-R-0024

(End of Summary of Changes)

AM#4 ST PAUL HARBOR BREAKWATER REPAIR & MAINTENANCE DREDGING SPH012

ST PAUL HARBOR, ALASKA

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.01 29

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Project Pesticide Coordinator

1.2.5 Land Application for Discharge Water

1.2.6 Pesticide

1.2.7 Pests

1.2.8 Surface Discharge

1.2.9 Waters of the United States

1.2.10 Wetlands

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.7.3 Appendix

1.8 PROTECTION FEATURES

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.11 NOTIFICATION

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 LAND RESOURCES

3.1.1 Work Area Limits

3.1.2 Landscape

3.1.3 Erosion and Sediment Controls

3.1.4 Contractor Facilities and Work Areas

3.2 WATER RESOURCES

3.3 AIR RESOURCES

3.3.1 Particulates

3.3.2 Odors

3.3.3 Sound Intrusions

3.3.4 Burning

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

3.4.2 Chemicals and Chemical Wastes

Section 01 57 20.01 29 Page 1

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.4.4 Fuel and Lubricants

3.4.5 Waste Water

3.5 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.6 BIOLOGICAL RESOURCES

3.6.1 Migratory Birds

3.7 INTEGRATED PEST MANAGEMENT

3.7.1 Pesticide Delivery and Storage

3.7.2 Qualifications

3.7.3 Pesticide Handling Requirements

3.7.4 Application

3.8 PREVIOUSLY USED EQUIPMENT

3.9 MAINTENANCE OF POLLUTION FACILITIES

3.10 TRAINING OF CONTRACTOR PERSONNEL

3.11 POST CONSTRUCTION CLEANUP

AM#4...3.12 ATTACHMENT...AM#4

-- End of Section Table of Contents --

Section 01 57 20.01 29 Page 2

SECTION 01 57 20.01 29

ENVIRONMENTAL PROTECTION

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 within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

WETLANDS DELINEATION MANUAL (1987) Corps of Engineers Wetlands Delineation Manual

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 150 - 189 Pesticide Programs

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of

Section 01 57 20.01 29 Page 3 land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners,excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.2.4 Project Pesticide Coordinator

The Project Pesticide Coordinator (PPC) is an individual that resides at a Civil Works Project office and that is responsible for oversight of pesticide application on Project grounds.

1.2.5 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor must discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" must occur. Land Application must be in compliance with all applicable Federal, State, and local laws and regulations.

1.2.6 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.2.7 Pests

The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.8 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers,creeks, and/or "waters of the United States" and would require a permit to discharge water from the governing agency.

1.2.9 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

Section 01 57 20.01 29 Page 4

1.2.10 Wetlands

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with

WETLANDS DELINEATION MANUAL.

1.3 GENERAL REQUIREMENTS

Minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work must be protected during the entire duration of this contract. Comply with all applicable environmental Federal, State, and local laws and regulations.

Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

Ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section.

Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

The environmental protection plan.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern must be defined within the Environmental Protection Plan as outlined in this section. Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but are considered necessary, must be identified and discussed after those

Section 01 57 20.01 29 Page 5 items formally identified in this section. Prior to submittal of the Environmental Protection Plan, meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan must be current and maintained onsite by the Contractor.

1.7.1 Compliance

No requirement in this Section will relieve the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor will be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.7.2 Contents

Include in the environmental protection plan, but not limit it to, the following:

a. Name(s) of person(s) within the Contractor's organization who is(are) responsible for ensuring adherence to the Environmental Protection Plan.

b. Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. An erosion and sediment control plan. A Storm Water Pollution Prevention Plan (SWPPP) in accordance with SECTION 01 57 34.00 29 STORM WATER POLLUTION PREVENTION MEASURES, may be substituted for this plan.

f. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

i. Drawing showing the location of borrow areas.

j. Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan

Section 01 57 20.01 29 Page 6 supplements the requirements of EM 385-1-1 . Include in this plan, as a minimum:

(1) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual will immediately notify the Contracting Officer and Facility Environmental Office in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802 and Alaska Department of Environmental Conservation Area Response Team at (907)269-3063 during work hours or 1-800-478-9300 after hours) if a reportable quantity is released to the environment.

Include in the plan a list of the required reporting channels and telephone numbers.

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

(3) Training requirements for Contractor's personnel and methods of accomplishing the training.

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

(5) 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.

(6) The methods and procedures to be used for expeditious contaminant cleanup.

k. A non-hazardous solid waste disposal plan.

l. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

m. A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

n. A waste water management plan that identifies the methods and procedures for management and/or discharge of waste waters which are directly derived from construction activities, such as concrete curing water, clean-up water, dewatering of ground water, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan must include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of

Section 01 57 20.01 29 Page 7 disposal for the waste water, the plan must include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, include a copy of the permit and associated documents as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan must include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

o. A historical, archaeological, cultural resources biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site: and/or identifies procedures to be followed if historical archaeological, cultural resources, biological resources and wetlands not previously known to be onsite or in the area are discovered during construction.

Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer.

p. Include and update a pesticide treatment plan, as information becomes available. Include in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application and calibration of equipment. Federal, State, Regional and Local pest management record keeping and reporting requirements are the Contractor's responsibility.

1.7.3 Appendix

Attach to the Environmental Protection Plan, as an appendix, copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

1.8 PROTECTION FEATURES

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, the Contractor will prepare a brief report including a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. This survey report will be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor must protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference which their preservation may cause to the work under the contract.

Section 01 57 20.01 29 Page 8

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

1. No in-water work shall be conducted between September 1 and November 1 to avoid impacting (i.e. taking) juvenile fur seals and pups returning to Village Cove and the Salt Lagoon entrance channel.

2. Project vessels shall not travel within 3,000 feet of designated Steller sea lion critical habitat (haulouts or rookeries). AM#4...Sea lion haulouts are located at Northeast Point (57 15.0N, 170 06.5W) and Sea Lion Rock (57 06.0N, 170 17.5W) and the sea lion rookery is located on Walrus Island (57 11.0N, 169 56.0W)...AM#4

3. Prior to arriving at St. Paul Island, the Contractor shall contact the "Aleut Community of St. Paul Island Tribal Government" (Pamela Lestenkof or Paul Melovidov: 907-546-3200) and arrange upon arrival, certification that their project vessels are rat-free.

4. Project-related activities shall not use the Boulder Beach area AM#4...(local name for the peninsula of land between Village Cove and the Salt Lagoon)...AM#4 to access work sites in order to avoid impacting (i.e.

taking) least-auklets or their nesting habitat.

5. The contractor shall prepare an oil spill and prevention plan, in accordance with Federal, State of Alaska, and St. Paul Harbor requirements, and have it reviewed and approved by the Corps and St. Paul Harbormaster prior to commencing work.

6. Project vessels must be operated in compliance with State of Alaska marine vessel (air emissions) visibility standards (18 AAC 50.70).

7. Dredging operations shall not place dredged material in open water, and instead shall place all dredged material on designated St. Paul Island uplands.

8. The contractor shall implement the USFWS's "Observer Protocols for Pile Driving, Dredging and Placement of Fill, dated August 7, 2012" AM#4(see attachment)...AM#4 to protect Northern sea otters and Steller's eiders from being adversely impacted from such activities.

9. The contractor shall prevent the generation of fugitive dust at its rock source and dredged material disposal sites in accordance with 18 AAC 50.045(d).

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations from the drawings,plans and specifications, requested by the Contractor and which may have an environmental impact, will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. 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.

1.11 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental

Section 01 57 20.01 29 Page 9

Protection plan. After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

3.1 LAND RESOURCES

Confine all activities to areas defined by the drawings and specifications. Identify any land resources to be preserved within the work area prior to the beginning of any construction. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval, except in areas indicated on the drawings or specified to be cleared. Ropes, cables, or guys will not be fastened to or attached to any trees for anchorage unless specifically authorized. Provide effective protection for land and vegetation resources at all times, as defined in the following subparagraphs. Remove stone, soil, or other materials displaced into uncleared areas.

3.1.1 Work Area Limits

Mark the areas that need not be disturbed under this contract prior to commencing construction activities. Mark or fence isolated areas within the general work area which are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the purpose for marking and/or protecting particular objects.

3.1.2 Landscape

Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved must be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. Restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area.

3.1.3 Erosion and Sediment Controls

Providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations is the Contractor's responsibility.

Select and maintain the erosion and sediment controls such that water quality standards are not violated as a result of construction activities.

The area of bare soil exposed at any one time by construction operations should be kept to a minimum. Construct or install temporary and permanent erosion and sediment control best management practices (BMPs). If coverage under the Alaska Construction General Permit is required follow requirements as specified in Section 01 57 34.00 29 STORM WATER POLLUTION

Section 01 57 20.01 29 Page 10

PREVENTION MEASURES. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. Remove any temporary measures after the area has been stabilized.

3.1.4 Contractor Facilities and Work Areas

Place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities will be made only when approved. Erosion and sediment controls must be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas must be controlled to protect adjacent areas.

3.2 WATER RESOURCES

Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits.

3.3 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with all Federal and State air emission and performance laws and standards.

3.3.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; must be controlled at all times, including weekends, holidays and hours when work is not in progress. Maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area.

Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times. Provide sufficient, competent equipment available to accomplish these tasks. Perform particulate control as the work proceeds and whenever a particulate nuisance or hazard occurs. Comply with all State and local visibility regulations.

3.3.2 Odors

Odors from construction activities must be controlled at all times. The odors must be in compliance with State regulations and/or local ordinances and may not constitute a health hazard.

3.3.3 Sound Intrusions

Keep construction activities under surveillance and control to minimize

Section 01 57 20.01 29 Page 11 environment damage by noise. Comply with the provisions of the State of Alaska rules.

3.3.4 Burning

Burning is prohibited on Government premises.

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes will be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

3.4.1 Solid Wastes

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with solid waste. Comply with Federal, State, and local laws and regulations pertaining to the use of landfill areas.

3.4.2 Chemicals and Chemical Wastes

Dispense chemicals ensuring no spillage to the ground or water. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the Government. Collect chemical waste in corrosion resistant, compatible containers. Wastes will be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178. Take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. Segregate hazardous waste from other materials and wastes, protect it from the weather by placing it in a safe covered location, and take precautionary measures such as berming or other appropriate measures against accidental spillage. Storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, State, and local laws and regulations is the Contractor's responsibility. Dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials must be immediately reported to the Contracting Officer and the Facility Environmental Office.

Cleanup and cleanup costs due to spills are the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility.

3.4.4 Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations. Storage of fuel on the

Section 01 57 20.01 29 Page 12 project site will be in accordance with all Federal, State, and local laws and regulations.

3.4.5 Waste Water

Disposal of waste water will be as specified below.

a. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. will not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction related waste water off-Government property in accordance with all Federal, State, Regional and Local laws and regulations.

b. For discharge of ground water, the Contractor will obtain a State or Federal permit specific for pumping and discharging ground water prior to surface discharging.

c. Water generated from the flushing of lines after disinfection or disinfection in conjunction with hydrostatic testing will be discharged into the sanitary sewer with prior approval and/or notification to the Waste Water Treatment Plant's Operator.

3.5 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

If during excavation or other construction activities any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources will be temporarily suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts; shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. Cease all activities that may result in impact to or the destruction of these resources. Secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

3.6 BIOLOGICAL RESOURCES

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The protection of threatened and endangered animal and plant species, including their habitat, is the Contractor's responsibility in accordance with Federal, State, Regional, and local laws and regulations.

3.6.1 Migratory Birds

For more information, refer to the following Link:

//www.fws.gov/alaska/fisheries/fieldoffice/anchorage/pdf/vegetation_clearing.pdf

3.7 INTEGRATED PEST MANAGEMENT

The use and management of pesticides are regulated under 40 CFR 150 - 189.

Section 01 57 20.01 29 Page 13

3.7.1 Pesticide Delivery and Storage

Deliver pesticides to the site in the original, unopened containers bearing legible labels indicating the EPA registration number and the manufacturer's registered uses. Store pesticides according to manufacturer's instructions and under lock and key when unattended.

3.7.2 Qualifications

For the application of pesticides, use the services of a subcontractor whose principal business is pest control. The subcontractor must be licensed and certified in the state where the work is to be performed.

3.7.3 Pesticide Handling Requirements

Formulate, treat with, and dispose of pesticides and associated containers in accordance with label directions and use the clothing and personal protective equipment specified on the labeling for use during all phases of the application. Furnish Material Safety Data Sheets (MSDS) for all pesticide products.

3.7.4 Application

Apply pesticides using a State Certified Pesticide Applicator in accordance with EPA label restrictions and recommendation. The Certified Applicator must wear clothing and personal protective equipment as specified on the pesticide label. The Contracting Officer will designate locations for water used in formulating. Do not allow the equipment to overflow. All equipment must be inspected for leaks, clogging, wear, or damage and repaired prior to application of pesticide.

3.8 PREVIOUSLY USED EQUIPMENT

Clean all previously used construction equipment prior to bringing it onto the project site. Ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. Consult with the USDA jurisdictional office for additional cleaning requirements.

3.9 MAINTENANCE OF POLLUTION FACILITIES

Maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.10 TRAINING OF CONTRACTOR PERSONNEL

The Contractor's personnel must be trained in all phases of environmental protection and pollution control. Conduct environmental protection/pollution control meetings for all personnel prior to commencing construction activities. Additional meetings must be conducted for new personnel and when site conditions change. Include in the training and meeting agenda: methods of detecting and avoiding pollution;

familiarization with statutory and contractual pollution standards;

installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, wetlands, and endangered

Section 01 57 20.01 29 Page 14 species and their habitat that are known to be in the area.

3.11 POST CONSTRUCTION CLEANUP

The Contractor will clean up all areas used for construction in accordance with Contract Clause: "Cleaning Up". Unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. The disturbed area must be graded, filled and the entire area seeded unless otherwise indicated.

AM#4...3.12 ATTACHMENT

Observer Protocols for Pile Driving, Dredging and Placement of Fill, dated August 7, 2012...AM#4

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Anchorage Fish and Wildlife Field Office

Observer Protocols for Pile Driving, Dredging and Placement of Fill

Draft August 7, 2012 Contact: Kimberly Klein, 907-271-2066, Kimberly_Klein@fws.gov

Northern sea otters (Enhydra lutris kenyoni) may be harmed by noise from pile driving and other activities. Steller’s eiders (Polysticta stelleri) are unlikely to be in the project area between April 15- Novemeber 15 (Unalaska), May 1 - October 31 (Cook Inlet and Kodiak Island); work should be scheduled to occur to during this time to avoid impacts. However, if present, Steller’s eiders may also be harmed by noise. Impacts from noise are likely to be avoided if it is confirmed that otters and eiders are not present within a “hazard area” near the source of the noise. The “hazard area” is defined here as the area in which noise levels from construction activities are expected to exceed threshold noise levels that cause harm. Tables 1 specifies the size of the hazard area for dredge and fill activities and pile driving. The use of one or more observers to “clear” the hazard area is an effective means to assure that no Steller’s eiders or sea otters will be harmed. The observer is responsible for communicating the presence of one or more Steller’s eider or sea otters in the hazard area to the construction operators, and halting work until the animal voluntarily leaves the area. To “clear” the area means to verify no listed species are present; no action may be taken to disturb otters or eiders, move them away, or discourage their use of an area.

Because there has been no research conducted to establish noise thresholds for sea otters or Steller’s eiders, we used noise thresholds established by the National Marine Fisheries Service National Marine Fisheries Service [NMFS] for pinnipeds to guide development of hazard areas. NMFS determined that thresholds for Level A Harassment (injury) and Level B Harassment (disturbance) would be reached for pinnipeds under the following scenarios (NOAA 2005; NOAA 2006; NOAA 2008; NMFS 2009, Southall et al. 2007; full citations are available upon request):

Level B Harassment due to airborne noise: 100 dB re: 20 μPa;

Level B Harassment due to underwater noise: 120 dB re: 1 μPa for vibratory pile driving;

Level B Harassment due to underwater noise: 160 dB re: 1 for impact pile driving;

Level A Harassment due to underwater noise: 190 dB re: 1.

The U.S. Fish and Wildlife Service (Service) recommends the size of the hazard area be established according to Table 1. The hazard area includes all marine areas below mean high tide (MHT) within a specified radius around the source of the noise. Areas blocked by points of land or shoreline contours are not included in the hazard area, but a 10° buffer outside of these areas should be included (see Figure1).

The distances identified in Table 1 represent the minimum hazard area radii needed to ensure that the typical maximal sound production levels reached during specified activities attenuate to levels below those expected to cause injury. The Service estimates these thresholds to be 110 dB re: 20 μPa for airborne noise, and 183 dB re 1μPa2-sec cumulative SEL for underwater noise. These distances include a buffer for protection against injury due to cumulative sound exposure.

AM#4 ST PAUL HARBOR BREAKWATER REPAIR & MAINTENANCE DREDGING

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SPH012

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Table 1. Hazard area radii for specified activities, based on typical maximal sound levels generated during pile driving, dredging and fill placement activities1.

Activity Details (pile size, etc.)

Sound Production Level Radius of Hazard Area centered on noise sourcePeak** RMS** SEL**

In‐water

Impact Pile Driving*

Round or H pile >36" >215 >200 >190 Contact the Service

Round or H >36" with sound attenuation devices

200‐215 185‐200 175‐190 2000 meters

Round or H >24“ up to 36" 200‐215 185‐195 175‐185 2000 meters

Round or H >24‐36" with sound attenuation devices

190‐205 175‐185 165‐175 500 meters

Round or H ≤24" 185‐210 170‐185 160‐175 500 meters

Round or H ≤24" with sound attenuation devices

<200 <185 <175 300 meters

Sheet Pile‐any size 190 170 160 500 meters

Sheet Pile‐any size, with sound attenuation devices

180 160 150 300 meters

In‐water

Vibratory Pile Driving*

Round or H >36" 185‐200 170‐190 160‐180 1000 meters

Round or H >36" with sound attenuation devices

175‐190 160‐180 150‐170 500 meters

Round or H >24” up to 36" 175‐195 165‐185 155‐175 500 meters

Round or H >24” up to 36" with sound attenuation devices

165‐185 155‐175 145‐165

300 meters

Round or H ≤24" <190 <180 <170 300 meters

Round or H ≤24" with sound attenuation devices

<180 <170 <160 100 meters

Sheet Pile‐any size 182 165 165 300 meters

Sheet Pile‐any size, with sound attenuation devices

172 155 155 100 meters

Land‐based Pile Driving

Based on in‐situ recordings and sound propagation modeling, the distances needed to provide protection from airborne noise impacts would be adequately covered by monitoring the hazard area established for underwater sound propagation.

Same as each category above.

Hazard area is limited to areas below MHT.

In-water Fill Placement and Dredging

All in-water use of heavy equipment for manipulating the substrate;

including use of hydraulic rock breakers, drills, etc.

140-200 125-185 115-175 300 meters

* In-water <20 m ** Underwater sound pressure levels are measured in dB re: 1 μPa.

1 Typical maximal sound levels from Illinworth Rodkin (2007); Blackwell et al. (2004, cited in Navy 2011); Hastings and Popper (2005); Jasco Research Ltd (2005, as cited in Navy 2011); Laughlin (2005, 2010a,b) ; Reyff (2005); Onuu and Tawo (2006); URS (2007); Parvin et al. (2008);

Jones and Stokes (2009); NOAA (2009); Navy (2009); Scientific Fishery Systems, Inc. (2009); Thomsen et al. (2009); Mumford (2011); Navy (2011); Robinson et al. (2011); WSDOT (2011); Cardno ENTRIX (2012). Full citations are available upon request.

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Figure 1. Depiction of a hazard area modified by the contours of the shoreline and points of land.

Ramp-up procedures

1. For impact pile driving, contractors will be required to provide an initial set of three strikes from the hammer at 40% energy, followed by a 30-second waiting period, then two subsequent three-strike sets. For vibratory pile driving, sound should be initiated for fifteen seconds at reduced energy followed by a 1-minute waiting period. This procedure would be repeated two additional times.

2. Ramp up procedures will be designed by the Applicant for in-water fill placement and in-water dredging activities specified in Table 1 to allow noise production to increase gradually from a low level, and to begin at locations farthest from marine areas. For example, a 5-minute period following startup of a single generator located well above high tide could be followed by 5 minutes of operating an excavator near the shoreline, etc. Equipment should be operated at low power, and then gradually increased to noisier, high-power levels. In-water noise production such as placement of fill should occur only after other all other noise-generating activities have ramped up and otters and eiders have had the opportunity to leave the area of their own accord.

Monitoring the “hazard area” A. Pile driving: 100 to 2000-m “hazard area”

1. Observers will watch for Steller’s eiders and sea otters within the appropriate hazard area as specified in Table 1 for 30 minutes prior to start of work. Observations will continue for the full duration of these activities.

2. If one or more Steller’s eider or sea otter occurs within the hazard area before or at any time during pile driving, the observer will report the presence of the animal and work will immediately cease or be postponed until the animal leaves the hazard area on its own.

B. Fill Placement and Dredging: 300-m “hazard area”

3. Prior to commencing in-water fill placement, in-water dredging, and any other in-water use of heavy equipment for manipulating the substrate (including use of hydraulic rock breakers, AM#4 ST PAUL HARBOR BREAKWATER REPAIR & MAINTENANCE DREDGING

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A-5 drills, etc.) observers will clear a 300-m hazard area. Additionally, observers will clear the hazard area before recommencing work after any break greater than 30 minutes.

4. If an otter or eider is seen within the hazard area during the 30-minute observation period prior to start-up, the observation period need not start over once the animal moves out of the hazard area, but work may not commence until the observation period is complete.

5. If a sea otter or eider enters the 300-m hazard area during fill placement or dredging, after the observation period has ended, work may continue.

6. If an otter or eider is seen in the 300-m buffer during the observation period prior to start of work and does not leave the area prior to the completion of the 30-minute observation period, ramp up procedures will be applied.

C. ALL noise-generating activities specified in Table 1 (applies to both A and B)

7. All observers must be capable of spotting and identifying sea otters and Steller’s eiders and recording applicable data during all types of weather in which pile driving, in-water fill placement, or in-water dredging will be conducted.

8. All observer protocols will be applied to any unidentified duck whenever the observer cannot identify whether a duck is a male or a female Steller’s eiders in breeding or nonbreeding plumage.

9. Observers will be given the authority to halt project activities if a sea otter or Steller’s eider is present and to provide clearance for work to resume after the animal leaves on its own.

10. Observers will have no other duties during the observation period in order to…