AMENDMENT 1.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

Reference Project Title and Location: 2020-2022 Homer Harobr and Ninilchik Harbor Dredging, Homer and Ninilchik, Alaska

a. The above numbered solicitation is hereby amended to update the solicitation. See Summary of Changes for further details on page 2.

b. The date/time for receipt of offers remains unchanged at 17 December 2019 at 2:00 P.M. Alaska time.

YOU ARE REQUIRED TO ACKNOWLEDGE RECEIPT OF THIS AMENDMENT ON THE REVERSE SIDE OF THE SF1442.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 11-Dec-2019

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 W911KB20B0002

X 9B. DATED (SEE ITEM 11)

13-Nov-2019

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 is extended, X 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 1 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

11-Dec-2019

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:

W911KB19B0002

SUMMARY OF CHANGES

AMENDMENT #0002

• The following drawings are substituted for the superseded drawings:

NONE

• The following revised documents are substituted for the superseded documents. The identifier “AM#1” appears before and after new and/or revised material and replacement pages are provided, except as noted:

SECTION 57 20.01 29 is being replaced in its entirety.

• The following documents/drawings are deleted:

NONE

• The following documents are added:

NONE

• The following revisions are incorporated:

NONE

• Other:

NONE

AM1 2020-2022 HOMER & NINILCHIK DREDGING HN2022

HOMER & NINILCHIK, 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 Land Application for Discharge Water

1.2.5 Pesticide

1.2.6 Pests

1.2.7 Surface Discharge

1.2.8 Waters of the United States

1.2.9 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

1.9.1 LIST OF HOMER HARBOR AND US COAST GUARD BERTH MAINTENANCE

DREDGING REQUIREMENTS

1.9.2 LIST OF NINILCHIK DREDGING REQUIREMENTS

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.11 NOTIFICATION

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Erosion and Sediment Controls

3.2.4 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

3.4 AIR RESOURCES

3.4.1 Particulates

3.4.2 Odors

3.4.3 Sound Intrusions

3.4.4 Burning

Section 01 57 20.01 29 Page 1

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 Solid Wastes

3.5.2 Chemicals and Chemical Wastes

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous

Materials

3.5.4 Fuel and Lubricants

3.5.5 Waste Water

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8 BIOLOGICAL RESOURCES

3.8.1 Migratory Birds

3.9 PREVIOUSLY USED EQUIPMENT

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.11 TRAINING OF CONTRACTOR PERSONNEL

3.12 POST CONSTRUCTION CLEANUP

-- 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

33 CFR 329 Definition of Navigible Waters of the United States

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.

Section 01 57 20.01 29 Page 3

The control of environmental pollution and damage requires consideration of 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 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.

1.2.5 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.

1.2.6 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 the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.7 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.

1.2.8 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328 or under the jurisdiction of the Rivers and Harbors Act of 1899, as defined in 33 CFR 329 .

1.2.9 Wetlands

Those areas that are inundated or saturated by surface or ground water at

Section 01 57 20.01 29 Page 4 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

The written site specific environmental protection plan.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities, 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 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

Section 01 57 20.01 29 Page 5

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, if necessary due to overdredging or for construction of the temporary dewatering berms.

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 supplements the requirements of EM 385-1-1 . Include in this plan, as

Section 01 57 20.01 29 Page 6 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 local Fire Department in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) 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 Safety Data Sheets (SDS) 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 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

Section 01 57 20.01 29 Page 7 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 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

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 Section 00 72 00 CONTRACT CLAUSES 52.236-9

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 Section 00 72 00 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.

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

Comply with the special environmental requirements listed for Homer and Ninilchik.

1.9.1 LIST OF HOMER HARBOR AND US COAST GUARD BERTH MAINTENANCE DREDGING

REQUIREMENTS:

a. Reasonable precautions and controls shall be used to prevent

Section 01 57 20.01 29 Page 8 incidental and accidental discharge of petroleum products or other hazardous substances.

b. Equipment shall be inspected for leaks and recorded in a log on a daily basis during performance of work, including mobilization and demobilization phases. Equipment shall not be operated while leaking fuel, oil, hydraulic fluid, antifreeze, and/or other pollutants. If leaks are found, the equipment shall not be used and pulled from service until the leak is repaired.

c. Fuel storage and handling activities for equipment shall be conducted so there is no contamination of the ground, subsurface, surface runoff, or waterbodies. No equipment or fuel shall be stored in the dredged material disposal area down in the contract drawings.

d. Immediately report any spills of fuel, oil, hydraulic fluid, and/or other pollutants to the Contracting Officer or their designated representative.

e. Spill response equipment and supplies such as sorbent pads shall be available on site and used immediately to contain and cleanup oil, fuel, hydraulic fluid, antifreeze, or other pollutant spills as a result of construction activities.

f. Maintain a copy of Alaska Department of Fish and Game Special Area Permit (19-V-0232-SA) on site during project activities. An electronic copy of this permit shall be provided by the Corps following contract award.

g. Maintenance dredging shall only occur from 16 July through 30 April, subject to the work windows described in Section 00 72 00 CONTRACT CLAUSES 52.211-10, unless the Contracting Officer or their designated representative provides written authorization.

h. Discharge of effluent shall be conducted in a manner that mitigates potential erosion of the beach while accommodating public pedestrian access on the beach. Geotextile fabric, or similar protection measures, placed at the dewatering basin outfall to minimize beach erosion shall be completely removed after each dredging operation.

i. Construct the settling basin and cease maintenance dredging operations when the basin has reached its capacity of settled-out dredged material to prevent the reintroduction of dredged material, or suspended sediments, into Kachemak Bay. All dredged material shall be deposited as described in Section 35 20 24.00 29 and the contract drawings.

j. The Contractor shall not abandon any portion of the dredge equipment, including but not limited to pipeline and anchoring devices, in Waters of the United States.

k. The Contractor shall establish an exclusion (i.e. shutdown) zone for marine mammals that includes all marine waters within a 525 foot (160 meter) radius of the in-water dredging equipment and in-water support equipment such as dredge tender, work skiff(s), and survey vessels. However, the exclusion zone shall be 164 feet (50 meters) for northern sea otters.

l. The Contractor shall stop work when a marine mammal (beluga whale, Section 01 57 20.01 29 Page 9 stellar sea lion, humpback whale, fin whale, harbor seal, northern fur seal, harbor porpoise, dalls porpoise, Pacific white-sided dolphin, killer whale, minke whale, gray whale, and/or northern sea otter) appears likely to enter or enters within the exclusion zone of the dredging operations and/or in-water support equipment. Further, dredging shall not be conducted when weather conditions or darkness restrict clear, visible observation of all waters within and surrounding the exclusion zone.

m. To ensure that the exclusion zone remains clear of marine mammals, the Contractor shall designate one or more protected species observer (PSO) to continuously monitor the exclusion zone before and during in-water work. The PSO shall be positioned such that the entire exclusion zone is visible and will have no other primary duty than to watch for and report on events related to marine mammals. The PSO shall be able to accurately identify and distinguish species of Alaska marine mammals. The PSO shall have binoculars, range finder, GPS, two-way radio communication with all contract related marine vessels, and log book to aid in determining the location of marine mammals, to take action if marine mammals enter or appear likely to enter the exclusion zone, and to record these marine mammal observations.

n. Prior to initiating dredging, a PSO shall provide assurance that marine mammals have not been present in the exclusion zone for at least 30 minutes immediately prior to operations. If any marine mammals are present within the exclusion zone, then dredging activities shall not begin until the animal(s) has left the exclusion zone of their own accord. If the animal(s) is not visually observed leaving the exclusion zone, then dredging activity may begin/resume 15 minutes (if pinnipeds) or 30 minutes (if cetaceans) after the animal is last observed in the exclusion zone.

o. The Contractor's PSO shall complete an attached "Marine Mammal Sighting Form" each day in-water work is conducted by the dredge and/or support equipment. These forms shall be transmitted monthly to the Contracting Officer's Representative by serial letter no later than the 5th day of each month. The "Marine Mammal Sighting Form", or approved equal, shall provide details about marine mammal observations and interactions that occurred during in-water operations. The form shall contain the following information:

1. The date, duration, and time of each marine mammal observation in or near the exclusion zone, or report the absence of sightings.

2. The species, number of animals, and number of adults/juveniles/calves per sighting event.

3. Primary, and if observed, secondary behaviors of the marine mammals in each sighting event including the closest approach distance to the noise source (ie dredge equipment).

4. Geographic coordinates for the observed animals, with the position recorded by using the most precise coordinates practicable (decimal degrees or similar standard and defined coordinate system).

5. Dredging and/or support equipment operations at the time of each marine mammal observation and mitigation measure(s) taken to avoid the animal(s).

6. Date, time, and duration of interrupted dredging operations due to the presence of marine mammals in or near the exclusion zone.

7. Environmental conditions as they existed during each sighting event including weather conditions, visibility, lighting

Section 01 57 20.01 29 Page 10 conditions, etc.

p. If a marine mammal enters the exclusion zone before dredging activities can be safely shutdown (e.g. a whale or stellar sea lion surfaces inside the 525 foot radius exclusion zone), it shall be reported to the Contracting Officer’s Representative within 12 hours.

q. To reduce the risk of collisions with marine mammals, dredging and in-water support equipment shall be limited to a speed of 8 knots or the slowest speed above 8 knots consistent with safe navigation.

Vessels operating within Homer Harbor shall obey posted speed limits.

A sample marine mammal observation and recording form is available for use as an attachment.

1.9.2 LIST OF NINILCHIK DREDGING REQUIREMENTS :

a. Reasonable precautions and controls shall be used to prevent incidental and accidental discharge of petroleum products or other hazardous substances.

b. Equipment shall be inspected for leaks and recorded in a log on a daily basis during performance of work, including mobilization and demobilization phases. Equipment shall not be operated while leaking fuel, oil, hydraulic fluid, antifreeze, and/or other pollutants. If leaks are found, the equipment shall not be used and pulled from service until the leak is repaired.

c. Fuel storage and handling activities for equipment shall be conducted so there is no contamination of the ground, subsurface, surface runoff, or waterbodies.

d. Immediately report any spills of fuel, oil, hydraulic fluid, and/or other pollutants to the Contracting Officer or their designated representative.

e. Spill response equipment and supplies such as sorbent pads shall be available on site and used immediately to contain and cleanup oil, fuel, hydraulic fluid, antifreeze, or other pollutant spills as a result of construction activities.

Maintain a copy of Alaska Department of Fish and Game Special Area Permit (19-V-0231-SA) and KPB River Center permitted project sign (RC# 10792) on site during project activities. An electronic copy of these documents shall be provided by the Corps following contract award.

g. Dredging shall only occur from 15 March through 15 May, subject to the work windows described in Section 00 72 00 CONTRACT CLAUSES 52.211-10, unless the Contracting Officer or their designated representative provides written authorization.

h. Tracked and wheeled vehicles shall not operate in the flowing waters of the Ninilchik River between 16 May and 30 November unless the Contracting Officer or their designated representative provides written authorization.

i. Discharge of effluent shall be conducted in a manner that mitigates potential erosion of the beach. Geotextile fabric, or similar

Section 01 57 20.01 29 Page 11 protection measures, placed at the dewatering basin outfall to minimize beach erosion shall be completely removed after dredging operations each season.

j. All dredged material shall be deposited as described in Section 35 20 24.00 29 in order to mitigate against impacts to the Clam Gulch Critical Habitat Area designated by the State of Alaska

k. Existing vegetative cover in erosion-prone areas shall be retained to the greatest extent practicable. In cases where activities lead to removal of vegetation, erosion shall be prevented or, if it occurs, shall be remedied through revegetation (with local native species if available) or by other suitable measures approved by the Kenai Peninsula Borough.

l. The Contractor shall not abandon any portion of the dredge equipment, including but not limited to pipeline and anchoring devices, in Waters of the United States.

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations from the drawings,plans and specifications, requested by the Contractor, 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 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 ENVIRONMENTAL PERMITS AND COMMITMENTS

This paragraph supplements the Contractor's responsibility under Section 00 72 00 CONTRACT CLAUSES 52.236-7 "PERMITS AND RESPONSIBILITIES" to the extent that the Government has obtained the necessary Floodplain Development Permit from the Kenai Peninsula Borough as well as Special Area Permits and AM1... Certificates ...AM1 of Reasonable Assurance from

Section 01 57 20.01 29 Page 12 the State of Alaska for the work at AM1... Homer and ...AM1 Ninilchik.

The Contractor shall be responsible for obtaining permits/authorizations not supplied by the Government in order to comply with required Federal, State, and local environmental laws and regulations. Comply with the terms and conditions of the Government's permits as outlined in paragraph SPECIAL ENVIRONMENTAL REQUIREMENTS in this Section as well as Section 35 20 24.00 29. Coordinate with the Contracting Officer or their designated representative for any activity that deviates from the approved plan as described in ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS in this Section.

3.2 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.

3.2.1 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 areas and objects.

3.2.2 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.

3.2.3 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 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

Section 01 57 20.01 29 Page 13 channels, and sedimentation basins. Remove any temporary measures after the area has been stabilized.

3.2.4 Contractor Facilities and Work Areas

No field offices, staging areas, or stockpile storage are provided by the Government. 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.

3.3 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.

3.4 AIR RESOURCES

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

3.4.1 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.

3.4.2 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.

3.4.3 Sound Intrusions

Keep construction activities under surveillance and control to minimize environment damage by noise. Comply with the provisions of the State of Alaska rules and any local noise ordinances.

Section 01 57 20.01 29 Page 14

3.4.4 Burning

Burning is prohibited.

3.5 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.

3.5.1 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.

3.5.2 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.

3.5.3 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.

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.

3.5.4 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 project site will be in accordance with all Federal, State, and local laws and regulations.

Section 01 57 20.01 29 Page 15

3.5.5 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.

3.6 RECYCLING AND WASTE MINIMIZATION

The Contractor shall participate in State and local government sponsored recycling programs. The Contractor is further encouraged to minimize solid waste generation throughout the duration of the project.

3.7 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.

3.8 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.

3.8.1 Migratory Birds

The protection of migratory birds, including their habitat, is the Contractor's responsibility in accordance with all applicable Federal and State laws and regulations.

Section 01 57 20.01 29 Page 16

3.9 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.

3.10 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.

3.11 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 species and their habitat that are known to be in the area.

3.12 POST CONSTRUCTION CLEANUP

The Contractor will clean up all areas used for construction in accordance with Section 00 72 00 CONTRACT CLAUSES 52.236-12: "Cleaning Up". The dredge, discharge pipeline, and associated equipment necessary to perform the work shall be removed each year after the post-dredge survey has been reviewed and verified that required depth was achieved. The Contractor shall be responsible for coordinating all temporary storage of equipment at the project site at no additional cost to the Government. 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.

-- End of Section --

Section 01 57 20.01 29 Page 17

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2020-2022 HOMER & NINILCHIK DREDGING

HOMER & NINILCHIK, ALASKA HN2022

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