W912P7-14-B-0006_Amendment_0001.pdf

W62A2B42317063

OAKLAND INNER AND OUTER HARBOR CHANNEL MAINTENANCE DREDGING PROJECT, ALAMEDA COUNTY, CALIFORNIA

JOB DESCRIPTION: The work consists of maintenance dredging the Oakland Inner and Outer Harbor Channels of up to 316,000 cubic yards of dredged material to provide an authorized project depth of -50 feet plus 1 foot allowable paid over-depth. Dredged material excavated from the Oakland Inner and Outer Harbors shall be transported and disposed at a fully permitted upland beneficial use site of the Contractor’s choosing. All dredging, material transportation and material placement shall be in accordance with the project plans, specifications, permits, regulatory guidance and applicable contract clauses.

This requirement is full and open competition. It will be issued as an Invitation for Bid (IFB) which will result in the award of a single Firm-Fixed price (FFP) contract.

The North American Industry Classification System (NAICS) Code Applicable to this acquisition is: 237990

ESTIMATED COST RANGE IS BETWEEN: $10,000,000.00 - $25,000,000.00

X

JAMES E GARROR 415-503-6988

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Sep-2014

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

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

11. The Contractor shall begin performance within _______ 5 calendar days and complete it within ________ 96 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 30 Oct 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY ENGINEER DISTRICT, SAN FRANCISCO

CONTRACTING DIVISION

1455 MARKET ST., 17TH FLOOR SUITE 1741

SAN FRANCISCO CA 94103-1398

W912P7

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX: TEL: TEL: FAX:

W912P7-14-B-0006 112

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE 27. PAYMENT WILL BE MADE BY: 26. ADMINISTERED BY

(Include ZIP Code) 14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

Oakland Inner & Outer Harbor O&M Dredging Project FY15

Section 01 57 20.00 10 Page 1

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

04/06

1 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. AIR FORCE (USAF)

AFI 32-1053 (2009) Integrated Pest Management Program

U.S. ARMY (DA)

DA AR 200-1 (2007) Environmental Protection and

Enhancement

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008; Errata 1-2010; Changes 1-3 2010;

Changes 4-6 2011) 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 260 Hazardous Waste Management System: General

40 CFR 302 Designation, Reportable Quantities, and

Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

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.

Section 01 57 20.00 10 Page 2

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 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 Installation Pest Management Coordinator

Not Used.

1.2.5 Project Pesticide Coordinator

1.2.6 Land Application for Discharge Water

1.2.7 Pesticide

1.2.8 Pests

1.2.9 Surface Discharge

1.2.10 Waters of the United States

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

1.2.11 Wetlands

Section 01 57 20.00 10 Page 3

1.3 GENERAL REQUIREMENTS

The Contractor shall 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. The Contractor shall 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

The Contractor shall 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 Project-Specific Management Plan (PSMP) Preconstruction

Submittals

Environmental Protection Plan; G 01 57 20.00 10 - 1.7

Proof of Reformulated Diesel Fuel; I 01 57 20.00 10 - 3.5.1.1

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, the Contractor shall submit an Environmental Protection Plan for review and approval by the Contracting Officer within 7 days after Notice to

Proceed (NTP) as part of the Project-Specific Management Plan (PSMP). See

Section 35 20 23, Para. 1.2. 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. The Contractor shall 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, the Contractor shall 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 file://Spn-fs4sfo.spd.ds.usace.army.mil/cespn/BRANCH_FOLDERS/ENGINEERING/Civil_Design/Oakland2012_Inner&Outer_O&M/01%2033%2000.doc

Section 01 57 20.00 10 Page 4 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

The Contractor shall 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. Submit an authenticated letter of direction to the individual(s) responsible and countersigned by the individual(s) acknowledging receipt of responsibilities and duties for environmental pollution control, outlining his or her duties and responsibilities.

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. Not Used.

f. Not Used.

g. Not Used.

h. Not Used.

i. Not Used.

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 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 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

Section 01 57 20.00 10 Page 5 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. If applicable, a non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris and schedules for disposal. This does not apply to dredge material.

(1) Identify any subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites that are not a commercial operating facility.

(2) Evidence of the disposal facility's acceptance of the solid waste must be attached to this plan during the construction. Attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. Submit the report for the previous quarter on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted (e.g. the first working day of January, April, July, and October).

(3) Indicate in the report the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted.

(4) A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources.

Detail in the plan the Contractor's actions to comply with and to participate in Federal, State, Regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

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. If necessary, a copy of the Permit in accordance with the BAAQMD regulations and standards. If applicable, at the Contractor-

Furnished land disposal site(s), the Contractor will be required to

Section 01 57 20.00 10 Page 6 obtain any necessary air quality permits for operation of pumps and equipment.

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 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. Not Used.

p. Not Used.

q. Include a description of measures used to avoid eelgrass as noted in paragraph 3.8.3.

1.7.3 Appendix

The Contractor shall 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

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

Section 01 57 20.00 10 Page 7

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

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.

2 PART 2 PRODUCTS

NOT USED

3 PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

This paragraph supplements the Contractor's responsibility under the contract clause "PERMITS AND RESPONSIBILITIES" to the extent that the

Government has obtained certain permits for dredging the San Francisco Bay.

Comply with the terms and conditions of the attached documents at the end of this section. Failure to comply with all terms and conditions of the permits included in the Appendices of this solicitation may constitute grounds for a

Termination for Default in accordance with the provisions of FAR Clause

52.249-10, Default (Fixed-Price Construction) (Apr 1984).

3.2 LAND RESOURCES

3.3 WATER RESOURCES

The Contractor shall 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

Section 01 57 20.00 10 Page 8 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

3.4.2 Odors

3.4.3 Sound Intrusions

The Contractor shall keep construction activities under surveillance and control to minimize environment damage by noise. The Contractor shall comply with the provisions of the State of California rules. Equip all internal combustion engine-driven equipment with mufflers that are in good condition.

3.4.3.1 Testing

The Contractor shall establish background noise level measurements to assess noise impacts from dredging operations. The background noise level measurements are intended to provide an indication of the existing quietest ambient conditions, prior to dredging, and should be representative of the project area in which to be dredged. Measurements used to establish the background noise level should be measured from the project channel boundary and within the working hours in which dredging will take place. A minimum of two (2) sets of three (3) measurements shall be taken during this time frame, at different times during the day to estimate noise exposure over a workday. The total measurement period must be ten (10) minutes or longer.

The Contractor shall note the environment in which the measurements were conducted in, a list of the acoustical instruments used, and the points at which the measurements were made. The description shall be efficiently detailed to permit the test to be repeated.

During dredging, the Contractor shall monitor the noise to ensure that the noise limit is not exceeded. The Contracting Officer's Representative or

Quality Assurance personnel will be notified immediately, should the monitoring suggest a potential to exceed ordinance noise level. If necessary, the Contractor shall implement engineering control for the dredging activities to meet the required noise level.

3.4.4 Burning

Section 01 57 20.00 10 Page 9

3.5 AIR QUALITY REQUIREMENTS

The Contractor shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or the public; or which dangers the comfort, repose, health or safety of any such persons or the public, or which causes, or has a natural tendency to cause, injury or damage to business or property. In accordance with 40 CFR §

51.853(c)(2)(ix), the USACE has determined that the proposed agency action is exempt from the requirement to prepare a conformity determination with the State Implementation Plan under the Clean Air Act because the project consists of maintenance dredging, no new depths are required, and disposal would be at approved disposal sites.

The Contractor shall be responsible for compliance with all Bay Area Air

Quality Management District (BAAQMD) regulations and standards including obtaining a permit if necessary, for operation of a stationary source of air pollutants. Mechanical failures resulting in violations of particulate matter or sulfur compounds (Regulation #2) would be handled through application for a variance from the BAAQMD.

3.5.1 Diesel Powered Plant and Equipment

Unless "optimized" or diesel powered equipment with the "Best Available

Control Technology" (BACT) emission devices are used, injection timing on diesel powered dredges and equipment shall be retarded two degrees from manufacturer's recommended setting to reduce air pollutant emissions.

Dredges and equipment shall not be allowed to idle when not required in performing the work.

Dredges and equipment shall be given a tune-up at least annually.

3.5.1.1 Reformulated Diesel Fuel

Reformulated diesel fuel shall be used for all diesel powered dredges and equipment to reduce air pollutant emissions. Reformulated diesel fuel shall be a low sulfur, reduced aromatics diesel fuel meeting the following specifications, unless otherwise approved by the Contracting Officer: (1)

Sulfur content less than 0.05 percent by weight and (2) Aromatics content less than 20 percent by volume Prior to dredging or construction operations, the Contractor shall submit certification from the fuel supplier or manufacturer stating that the fuel contents meet the above requirements and proof of reformulated diesel fuel purchase of the above specified fuel shall be submitted to the Contracting Officer.

3.6 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

Section 01 57 20.00 10 Page 10 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.

3.7 DREDGING WINDOWS AND 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.

Specific windows for project dredging and disposal operations exist to minimize and reduce harm to sensitive species residing in the bay. To protect the Central California Coast Evolutionary Significant Unit (ESU) steelhead, the allowable dredging and disposal timeframe is between 1 August

2014 and 30 November 2014. For Pacific herring, dredging operations must fall between 1 March and 30 November 2014. Lastly, the dredging window for least terns is 1 August 2014 through 15 March 2015.

The environmental work windows are time frames when dredging and disposal may be conducted and no affects to sensitive, threatened, or endangered species are expected. Work windows are species specific and are driven by temporal and spatial constraints. Dredging and disposal may only occur during these environmental work windows, unless written authorization has been given by the Contracting Officer. The Government will seek an extension to the environmental work window in order to complete the contract work within the contract period of performance. The work windows for San

Francisco bay may be found at:

http://swr.noaa.gov./overview/sroffice/2Dredge_work_window.html

The Contractor shall at all times take such steps as are required to prevent any interference with or disturbance to fish, wildlife or eelgrass at the dredging site or while transporting dredged materials or equipment to a disposal site. The Contractor will not be permitted to disturb habitat within or adjacent to the project area which are essential to fish, wildlife or eelgrass. The Contracting Officer shall have the authority to redirect dredging operations away from sensitive habitat.

3.7.1 Fish

Barges transporting dredged material may pass through critical habitat of

Chinook salmon, steelhead, and Green Sturgeon, two species that are threatened or endangered, as they transit the area between the Bay Bridge and the Golden Gate Bridge. One of the conditions for use of the disposal sites is that no material shall be allowed to spill or leak from barges at any time en route to or from the site. The Government is required by the

California Department of Fish and Wildlife to have herring observers on-site in the area where dredging activities are being performed after 30 November

2014. In the event that herring spawning is observed within 500 meters of

Section 01 57 20.00 10 Page 11 the dredging, the Government will direct the Contractor to immediately stop dredging and move dredging operations outside of the 500-meter zone and continue working.

3.7.2 California Least Tern

The California least tern is listed by both the state of California and the federal government as an endangered species. Least terns have been observed to forage primarily along the breakwaters and shallows of the southern shoreline of NAS Alameda and in Ballena Bay during May through August. The least tern generally migrates from the San Francisco Bay Area in August and winters south of the United States.

3.7.3 Eelgrass

All dredging activities in San Francisco Bay must be in compliance with the

Magnuson-Stevens Fishery Conservation and Management Act (MSA), which protects Essential Fish Habitat (EFH). Eelgrass has been identified as

Essential Fish Habitat (EFH) for various life stages of fish species managed by Fisheries Management Plans under the MSA. Therefore, dredging activities

(dredging; placing studs and wires) shall only occur at the designated channels and sites. The contractor shall avoid areas with eelgrass. Maps identifying the known areas of eelgrass have been provided in Appendix 14.

The Contractor shall submit to the Contracting Officer a description of measures used to avoid eelgrass in the Environmental Protection Plan, 1.6

SUBMITTALS. If required a Government Biologist shall have access to the project area, at any time, to verify that the Contractor is in compliance with the provisions of this section.

3.8 PREVIOUSLY USED EQUIPMENT

The Contractor shall 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 MILITARY MUNITIONS

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

Section 01 57 20.00 10 Page 12 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.

The Contractor is responsible for acquiring the services of California

Department of Fish and Wildlife (CDFW)-approved biologist(s) to observe and record data documenting herring spawning activities during all dredging operations after 30 November 2014. The biologist must have a Bachelor of

Science degree in Biology with emphasis in fish biology, and experience with fish in the San Francisco bay. The observing activities shall be documented in accordance with CDFW guidance shown in Appendix 17 Daily Biological

Observation Log. The daily biological observation logs shall be submitted to

CDFW and the COR on a daily basis. The observer(s) will immediately notify the Contractor and CDFW when spawning activity is observed within the 500-meter zone, and the Contractor shall stop dredging and move outside of the

500-meter zone to continue dredging until notified by the observer that spawning has stopped. The Point of Contact for the CDFW is;

Arn Aarreberg

Environmental Scientist

CDFW

5355 Skylane Blvd., Suite B

Santa Rosa, CA. 94503

(707) 576-2889

Arn.Aarreberg@wildlife.ca.gov

3.12 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.

-- End of Section --mailto:Arn.Aarreberg@wildlife.ca.gov