B.08.03 Revision 0002, Port Everglades O&M.pdf

GROUP1-18-R-J002 SF1442-A1 REVISION 0002

ADDENDUM TO THE STANDARD FORM 1442

Revision 0002, dated 4 September 2020

PORT EVERGLADES HARBOR, MAINTENANCE DREDGING 42-FOOT PROJECT,

BROWARD COUNTY, FLORIDA

NOTICE OF INTENT TO ORDER: THIS OPPORTUNITY IS AVAILABLE ONLY TO

THE FOLLOWING CONTRACTORS AWARDED A CONTRACT UNDER

SOLICITATION NUMBER W912EP18R0029, GROUP 1 - UNRESTRICTED:

Callan Marine, Ltd. (W912EP19D0023); Cashman Dredging & Marine Contracting Co., LLC (W912EP19D0024); Cavache Inc. (W912EPD0025); Continental Heavy Civil Corp (CHC) (W912EP19D0026); Cottrell Contracting Corporation (W912EP19D0027); Great Lakes Dredge & Dock Company, LLC (W912EP19D0028); J.T. Cleary Inc. (W912EP19D0029); Manson Construction Co.

(W912EP19D0030); Marinex Construction, Inc. (W912EP19D0031); Norfolk Dredging Company (W912EP19D0032); Orion Marine Construction, Inc.

(W912EP19D0033); Southern Dredging Co., Inc. (W912EP19D0034); The Dutra Group (W912EP19D0035); Waterfront Property Services, LLC dba Gator Dredging (W912EP19D0036); Weeks Marine, Inc. (W912EP19D0037).

PROPOSALS WILL NOT BE CONSIDERED FROM ANY ENTITY OTHER THAN THE

PREVIOUSLY LISTED FIRMS INCLUDED IN THE GROUP 1 - UNRESTRICTED

DREDGING MATOC POOL.

EVALUATION: The award of the task order will be made on the basis of Lowest Price, Technical Acceptable (LPTA) evaluation method. To be considered technically acceptable, an offeror’s proposal must be rated “Acceptable under all non-price factors.

The factors for evaluation will be as follows:

FACTOR 1 - Availability of technically acceptable dredge(s). FACTOR 2 - Past performance.

FACTOR 3 – Price.

Note: Coast Guard Certified Equipment is REQUIRED.

SUBMISSION REQUIREMENTS: Contractors are required to submit the following:

FACTOR 1 - Availability of technically acceptable dredge(s).

The contractor shall provide a letter on company letterhead identifying the dredge(s) the

GROUP1-18-R-J002 SF1442-A2 REVISION 0002

contractor proposes to do the work and the current location of dredge(s).

Evaluation Method:

The Government will evaluate all identified dredge(s) submitted to determine whether the identified dredge(s) have been found technically acceptable by the Contracting Officer prior to the proposal due date. The Government will also determine whether the dredge(s) are available to meet the required period of performance as stated in the Notice of Intent.

To be determined Acceptable for Factor 1, the identified dredge(s) must have been found technically acceptable prior to the proposal due date and available to meet the required period of performance.

FACTOR 2 - Past performance.

NO SUBMISSION REQUIREMENT. Past Performance information submitted in response to the Dredging MATOC (Solicitation No. W912EP18R0029) will be used to determine the offeror’s record of complying with contractual requirements and meeting acceptable levels of performance risk.

Evaluation Method:

Past Performance was evaluated for all contractors under the Dredging MATOC. An "Acceptable" rating was earned under Past Performance for all offeros that received an award in accordance with the solicitation evaluation criteria for the Dredging MATOC (Solicitation No. W912EP18R0029). Therefore, for this task order all offeros will receive the Past Performance rating of "Acceptable".

Note: The Government reserves the right to use recent and relevant project data independently obtained from other Government or commercial sources or from any other sources available to include, but not limited to: (1) the Past Performance Information Retrieval System (PPIRS), (2) Federal Awardee Performance and Integrity Information System (FAPIIS) or Electronic Subcontract Reporting System (eSRS), or other data bases; (3) interviews with Program/Project Managers and Contracting Officers or rely upon personal business experience with the offeror; and (4) consider any information the offeror submits which explains any problems encountered on the identified contract and the offeror's corrective actions. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate. Information related to the contractor’s (or contractor’s team) performance in Quality, Schedule, Management, Regulatory Compliance, and Safety/Security will be reviewed from the aforementioned additional sources to determine the offeror “Acceptable” or “Unacceptable.

FACTOR 3 – Price.

The Offeror’s submission for this factor shall be fully completed. Offeror completeness

GROUP1-18-R-J002 SF1442-A3 REVISION 0002

addresses the extent to which the elements of the price proposal are consistent with the requirements of the RFP.

Offerors are required to submit the following:

(1) Completed Bid Schedule (see Section 00010A).

(2) Bid Guarantee per Section 00700, Clause 52.228-1 and Section 00100A, Attachment 8, Paragraph 2.4.3, of the MATOC.

(3) Completed “Addendum to the Standard Form 1442 with the latest revision”.

THE FOLLOWING INFORMATION IS APPLICABLE ONLY TO THIS TASK ORDER:

Block 7. ISSUED BY:

USA ENGINEER DISTRICT, JACKSONVILLE CONTRACTING DIVISION

701 SAN MARCO BLVD JACKSONVILLE FL 32207-8175

Block 9 -- For additional information contact:

A. NAME: Timothy Humphrey

EMAIL ADDRESS: Timothy.G.Humphrey@usace.army.mil

B. TELEPHONE NO.: 904-232-1072

Block 10 – THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK

DESCRIBED IN THESE DOCUMENTS:

DESCRIPTON OF WORK: Refer to Section 01 11 00 for complete description.

MAGNITUDE OF CONSTRUCTION: Between $5,000,000 and $10,000,000.

THIS SOLICITATION IS FOR GROUP 1 - UNRESTRICTED

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM

THIS NOTICE OF INTENT. THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV.

THE NAICS CODE FOR THIS NOTICE OF INTENT IS 237990 AND THE SMALL

BUSINESS SIZE STANDARD IS $27.5 MILLION.

mailto:Timothy.G.Humphrey@usace.army.mil http://www.sam.gov/

GROUP1-18-R-J002 SF1442-A4 REVISION 0002

Block 11 -- The Contractor shall begin performance within 60 calendar days and complete work NLT 140 calendar days after receipt of NTP, including 125 calendar days for the Base and 15 calendar days for Option A. (See FAR Clause 52.211-10 in Section 00700).

Block 12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE

AND PAYMENT BONDS: YES

Block 12B. PAYMENT BONDS DUE WITHIN 10 CALENDAR DAYS AFTER AWARD.

Block 13 ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers to perform the work required are due electronically at the following email address by 2:00 PM, local time on 14 September 2020:

timothy.g.humphrey@usace.army.mil and a carbon copy (cc) shall be sent to tedra.n.thompson@usace.army.mil and griselle.gonzalez@usace.army.mil.

B. An offer guarantee is required. An electronic copy of the bid guarantee shall be submitted with the offer while the Original must be received within two calendar days of the proposal response date.

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

NOTICE TO OFFERORS: Offerors are to complete Blocks 14, 15, 16, 17, 19, and 20A- 20D below:

Block 14. NAME AND ADDRESS OF OFFEROR (including Zip Code)

DUNS: CAGE:

Block 15. TELEPHONE NO. (Include area code):

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

Block 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this Notice of Intent, if this offer is accepted by the Government inwriting within calendar days after the mailto:timothy.g.humphrey@usace.army.mil mailto:tedra.n.thompson@usace.army.mil mailto:griselle.gonzalez@usace.army.mil

GROUP1-18-R-J002 SF1442-A5 REVISION 0002

date offers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D).

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

Block 19. ACKNOWLEDGMENT OF REVISIONS (The offeror acknowledges receipt of revisions to the notice of intent -- give number and date of each)

REVISION

NO.

DATE

Block 20A. NAME AND

TITLE OF PERSON

AUTHORIZED TO SIGN

OFFER (Type or print to include email address)

Block 20B. EMAIL

ADDRESS

Block 20C. SIGNATURE Block 20D.

OFFER DATE

GROUP1-18-R-J002 SF1442-A6 REVISION 0002

Block 26 --This Task Order will be administered by:

MIAMI RESIDENT OFFICE

3000 SW 148TH AVENUE, SUITE 251

MIRAMAR, FLORIDA 33027

Block 27 -- Payment will be made by:

USACE FINANCE CENTER

ATTN: CEFC-AO-PEFC-AO-P

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

SF 30 CONTINUATION SHEET

Port Everglades Harbor, Maintenance Dredging, 42-Foot Project, Broward County, Florida

GROUP1-18-R-J002 2 Revision 0002

SUMMARY OF CHANGES

1. SPECIFICATIONS:

Text changes in the Line Items and Pricing Schedule are in underline green lettering only and deleted text is simply removed to maintain neatness. Otherwise, text changes have been updated with additions noted by underlined text (green in PDF) and deletions noted by line/cross-outs (red in PDF). These text changes pertain only to changes made by this amendment.

DELETE Submittal Register and REPLACE with the attached revised Submittal Register.

DELETE Section 01 57 20 and REPLACE with the attached revised Section 01 57 20.

2. DRAWINGS:

DELETE Sheet ID G-05 and REPLACE with the attached revised Sheet ID G-05.

(End of Summary of Changes)

SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 1 OF 7 PAGES

Port Everglades Harbor, M/D, 42-Foot Project (Revision 0002)

01 22 00 SD-01 Preconstruction Submittals

1.4 G ROSchedule of Values

SD-07 Certificates

1.5.3.2 G ROWeigh Scale Certification

1.5.3.2 G ROWeight Tickets

01 30 00 SD-01 Preconstruction Submittals

Draft Joint Risk Register

List of Subcontractors

SD-07 Certificates

G ROPartnering Meeting(s) Written

Synopsis

Signature Authority

Drug-Free Work Place Record

01 32 01 SD-01 Preconstruction Submittals

1.3 G ROProject Scheduler Qualifications

3.4.1 G ROPreliminary Project Schedule

3.4.2 G RORMS Schedule

SD-07 Certificates

3.6.2 G ROPeriodic Schedule Update

01 33 00 SD-01 Preconstruction Submittals

G ROExport File

01 35 25 SD-01 Preconstruction Submittals

G RODive Operations Plan

SD-07 Certificates

G RODive Personnel Qualifications

01 35 26 SD-01 Preconstruction Submittals

SUBMITTAL REGISTER

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(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r)

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01 35 26 1.7 G DOAccident Prevention Plan (APP)

1.16 G DOAccident Prevention Plan (APP)

SD-06 Test Reports

1.4Monthly Exposure Reports

1.12Notifications and Reports

1.12.2 G DOAccident Reports

1.12.3LHE Inspection Reports

SD-07 Certificates

1.6.1.5Crane Operators/Riggers

1.7.2.2 G ROStandard Lift Plan

1.7.2.3 G DOCritical Lift Plan

1.7.2.4 G DONaval Architecture Analysis

1.8Activity Hazard Analysis (AHA)

1.9.1Confined Space Entry Permit

1.9.1Hot Work Permit

1.12.4Certificate of Compliance

01 45 05 SD-01 Preconstruction Submittals

G ROQuality Control Plan

SD-07 Certificates

Letter of Authority

G ROPersonnel Qualifications

01 50 02 SD-01 Preconstruction Submittals

Mobilization/Demobilization Plan

3.7.7 G DOVegetation Protection and

Restoration Plan

3.8Security Plan

SUBMITTAL REGISTER

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01 50 02 1.5.1.1 G ROExisting Conditions

Documentation

SD-02 Shop Drawings

3.7Contractor's Temporary Facilities

Temporary Electric Drawings

01 52 10 SD-02 Shop Drawings

2.1Contracting Officer's Field Office

01 55 10 SD-01 Preconstruction Submittals

G ROClearing Area Plan

G RODisposal Plan

01 55 26 SD-01 Preconstruction Submittals

G ROTraffic Control Plan

G RORoadway Over Pipeline Plan

01 57 20 SD-01 Preconstruction Submittals

1.7 G DOEnvironmental Protection Plan

G DOPipeline Corridor Hardbottom

Monitoring Plan

3.1.5.15.1G DOPipeline Pre-Construction

Hardbottom Survey

SD-02 Shop Drawings

3.1.5.6 G DOTurtle Deflector Device

G DOWeekly Logs/Summary Of FWC

Hopper Dredge Reports

3.1.5.3 G DOProtected Listed Species Sighting

Reports

3.1.5.11 G DOEscarpment Site Visit Report(S)

SUBMITTAL REGISTER

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SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 4 OF 7 PAGES

01 57 20 3.1.5.15.1G DOPipeline During-Construction

Hardbottom Survey

3.1.5.15.1G DOPipeline Impact Assessment

Hardbottom Survey

SD-07 Certificates

1.8.2 G DOHardbottom Monitoring

Qualifications

1.8.1Marine Turtle Nesting Monitor and Relocation Qualifications

1.8.3 G DOBird Monitoring Qualifications

1.8.4 G DOMarine Animal Observer

Qualifications

1.8.5 G DOEndangered Species Observer

and Supervisor Qualifications (For

Hopper Dredges Only)

SD-11 Closeout Submittals

3.1.5.13 G DOLogs/Summary Of Bird Nesting

Monitoring Report

3.1.5.9Logs/Summary of Marine Turtle

Nesting and Relocation

3.1.5.5 G DOProtected Species Summary

Report

3.1.5.2 G DOEndangered Species Observer

Program Final Report

3.4.2.1Invasive And Nuisance Species

Report

SUBMITTAL REGISTER

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SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 5 OF 7 PAGES

01 57 20 3.1.5.15.1G DOPipeline Post-Construction

Hardbottom Survey

01 57 25 SD-01 Preconstruction Submittals

G DOQualifications

SD-03 Product Data

Calibration Standard

SD-06 Test Reports

Turbidity Monitoring

02 22 13 SD-01 Preconstruction Submittals

G DOVibration Control Specialist

G DOVibration Control Specialist

Alternate

G DOVibration Monitoring

Technician(s)

G DOStructural Inspection/Evaluation

Engineer

G DOPre-Construction Structural

Survey

G DOVibration Control Plan

SD-06 Test Reports

Vibration Monitoring Report

Daily Instrument Logs

G DOPost-Construction Structural

Survey

32 93 00 SD-02 Shop Drawings

Watering Plan

SUBMITTAL REGISTER

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SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 6 OF 7 PAGES

32 93 00 SD-03 Product Data

Coastal Vegetation

SD-07 Certificates

Certificates of Compliance

35 20 23 SD-01 Preconstruction Submittals

Notice of Intent to Dredge

3.1.1Relocation of Navigation Aids

Contingency Plan

SD-02 Shop Drawings

Drag Bar

3.4.3.2 G DOScreening and Disposal Of Rock

3.4.4.4Noncompliant And Unacceptable

Material Contingency Plan

SD-07 Certificates

3.4.2.4.2Electronic Tracking System Data

Equipment and Performance

Data

1.7Historical Period Shipwreck Sites

Surveys

Daily/Monthly Report of

Operations

3.4.15Misplaced Material

1.10Declaration of Inspection

Surveillance of Ocean Disposal

SD-11 Closeout Submittals

G DOBeach Placement Survey

SUBMITTAL REGISTER

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SUBMITTAL FORM,Jan 96 PREVIOUS EDITION IS OBSOLETE PAGE 7 OF 7 PAGES

35 20 26 SD-07 Certificates

G ROLetter of National Dredging

Quality Management Program

Certification

35 20 27 SD-07 Certificates

G ROLetter of National Dredging

Quality Management Program

Certification

35 20 28 SD-07 Certificates

G ROLetter of National Dredging

Quality Management Program

Certification

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Port Everglades Harbor, Maintenance Dredging 42-Foot Project, Broward County, Florida

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

1.2.2 NEPA Reference

1.3 REFERENCES

1.4 QUALITY CONTROL

1.5 PERMITS AND AUTHORIZATIONS

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.8 QUALIFICATIONS

1.8.1 Marine Turtle Nesting Monitor and Relocation Qualifications

1.8.2 Hardbottom Monitoring Qualifications

1.8.3 Bird Monitoring Qualifications

1.8.4 Marine Animal Observer Qualifications (Clamshell/Mechanical

Only)

1.8.5 Endangered Species Observer and Supervisor Qualifications (For

Hopper Dredges Only)

1.9 SUBCONTRACTORS

1.10 NOTIFICATION

1.11 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 Sewage-Based Systems Environmental Design and Installation

Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Contractor Facilities and Other Work Areas

3.1.2.3 Solid Wastes

3.1.2.4 Fuel, Oil, and Lubricants

3.1.2.5 Hazardous Waste

3.1.2.6 Hazardous Materials

3.1.2.7 Disposal of Other Materials

3.1.3 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.3.1 Applicable Law

3.1.3.2 Known Resources

3.1.3.3 Inadvertent Discoveries

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

3.1.4.1 Monitoring of Water Areas

SECTION 01 57 20 Page 1 GROUP1-18-R-J002 Revision 0002

3.1.4.2 Turbidity

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Listed Species Protection

3.1.5.2 Endangered Species Observers (Hopper Dredge Only)

3.1.5.3 Protected Listed Species Sighting Reports

3.1.5.4 Disposition of Endangered or Threatened Species Carcasses

3.1.5.5 Protected Species Summary Report

3.1.5.6 Hopper Dredge Equipment

3.1.5.7 Excessive Turtle Take

3.1.5.8 General Guidelines for Corps Discretionary Authority to

Initiate Turtle Trawling or Suspend Dredging Due to Excessive Turtle Take

3.1.5.9 Sea Turtle Beach Nest Monitoring

3.1.5.10 Beach Placement Restrictions

3.1.5.11 Escarpments

3.1.5.12 Protection of Shorebirds

3.1.5.13 Shorebird Surveys

3.1.5.14 Bed-leveling

3.1.5.15 Hardbottom Protection

3.1.5.15.1 Pipeline Hardbottom Surveys

3.1.6 Seagrass Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Odors

3.1.8 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

3.4.2 Invasive and Nuisance Species Reporting

3.4.2.1 Invasive And Nuisance Species Report

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

This Section covers prevention of environmental damage as the result of construction operations under this contract and for those measures set forth in other Technical Requirements of these specifications. For the purpose of this specification, environmental damage is defined as the presence of hazardous, physical, chemical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species, biological communities, or ecosystems; or degrade the quality of the environment for aesthetic, cultural, and/or historical purposes. The control of environmental damage requires consideration of land, water, and air, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants.

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

There are numerous environmental laws and regulations. At the Federal level, the applicable laws and regulations include compliance with the Clean Water Act (CWA); Clean Air Act (CAA); Coastal Zone Management Act (CZMA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Endangered Species Act (ESA); Fish and Wildlife Coordination Act (FWCA); Marine Protection, Research, and Sanctuaries Act (MPRSA);

Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA);

National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA); National Pollution Discharge Elimination System (NPDES);

Research and Sanctuaries Act; Native American Graves Protection and Repatriation Act (NAGPRA); Resource Conservation and Recovery Act (RCRA);

Rivers and Harbors Act (R&H); Safe Drinking Water Act (SDWA); Toxic Substance Control Act (TSCA); Wild and Scenic Rivers Act (WSRA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Marine Mammal Protection Act (MMPA); Migratory Bird Treaty Act; Code of Federal Regulations (CFRs); Executive Orders; and, Environmental Protection Agency (EPA) requirements.

1.2.2 NEPA Reference

Commitments for the Contractor made in the NEPA document have been incorporated into these specifications. For additional background information, the NEPA document can be found at the following website:

http://www.saj.usace.army.mil/About/Divisions-Offices/Planning/Environmental-Branch/ Environmental-Documents/

1.3 REFERENCES

Any publication listed below forms a part of this specification to the extent referenced. Publications are referred to in the text by basic

SECTION 01 57 20 Page 3 designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 Safety and Health Requirements Manual

1.4 QUALITY CONTROL

Establish and maintain quality control for environmental protection of all items set forth herein. Record on daily quality control reports or attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

1.5 PERMITS AND AUTHORIZATIONS

Comply with all requirements under the terms and conditions set out in the following permit(s) and authorization(s) obtained by the Corps of Engineers listed below.

a. Florida Department of Environmental Protection Permit No.

0220509-001-JC; Effective Date: 9/28/2016, and continuation.

b. EPA MPRSA Section 103 Concurrence; Effective Date: August 23, 2019; Expiration Date: August 23, 2022.

c. Port Everglades ODMDS Site Management and Monitoring Plan;

Effective Date: May 15, 2020; Expiration Date: May 15, 2021.

d. NMFS South Atlantic Regional Biological Opinion (SARBO), see (https://www.fisheries.noaa.gov/content/ endangered-species-act-section-7-biological-opinions-southeast)

e. USFWS Statewide Programmatic Biological Opinion (SPBO); see (https://www.saj.usace.army.mil/About/Divisions-Offices/Planning /Environmental-Branch/Environmental-Documents/) (Click "+" next to "District Wide".)

f. USFWS Piping Plover Programmatic Biological Opinion (P3BO); see (https://www.saj.usace.army.mil/About/Divisions-Offices/Planning/ Environmental-Branch/Environmental-Documents/) (Click "+" next to "District Wide".)

The above permits indicate issuing agency approval of work required by this contract. Permits are available at the following web address:

https://www.saj.usace.army.mil/About/Divisions-Offices/Planning/Environmental-Branch/ Environmental-Compliance/

Obtain and comply with the requirements of all permits or licenses required for construction of this project in accordance with the Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1.

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. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

Submit the following preconstruction submittal items no later than 30

SECTION 01 57 20 Page 4 calendar days after Award:

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

Pipeline Corridor Hardbottom Monitoring Plan ; G, DO

Nearshore Hardbottom Monitoring Plan ; G, DO

Pipeline Pre-Construction Hardbottom Survey ; G, DO

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

Weekly Logs/Summary Of FWC Hopper Dredge Reports ; G, DO

Protected Listed Species Sighting Reports ; G, DO

Escarpment Site Visit Report(S) ; G, DO

Pipeline During-Construction Hardbottom Survey ; G, DO

Pipeline Impact Assessment Hardbottom Survey ; G, DO

Nearshore Hardbottom Reports ; G, DO

SD-07 Certificates

Hardbottom Monitoring Qualifications ; G, DO

Marine Turtle Nesting Monitor and Relocation Qualifications

Bird Monitoring Qualifications ; G, DO

Marine Animal Observer Qualifications (Clamshell/Mechanical Only);

G, DO

Endangered Species Observer and Supervisor Qualifications (For Hopper Dredges Only) ; G, DO

SD-11 Closeout Submittals

Logs/Summary Of Bird Nesting Monitoring Report ; G, DO

Logs/Summary of Marine Turtle Nesting and Relocation

Protected Species Summary Report ; G, DO

Endangered Species Observer Program Final Report ; G, DO

Invasive And Nuisance Species Report

Pipeline Post-Construction Hardbottom Survey ; G, DO

Post-Construction Nearshore Hardbottom Survey ; G, DO

SECTION 01 57 20 Page 5

1.7 ENVIRONMENTAL PROTECTION PLAN

Submit a draft Environmental Protection Plan no later than 5 calendar days after Notice to Proceed for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the plan will not relieve the Contractor of their responsibility for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the plan or an interim plan covering the work to be performed. The Environmental Protection Plan shall include but not be limited to the following:

a. A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the proposed operations and the requirements imposed by those laws, regulations, and permits.

b. Methods for protection of features to be preserved within authorized work areas. Prepare a listing of methods to protect resources needing protection, i.e., trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological, and cultural resources.

c. Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations.

Provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the environmental protection plan.

d. A permit or license for and the location of the solid waste disposal area.

e. Drawings showing locations of any proposed temporary excavations or embankments for haul roads, stream crossing, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials.

f. Environmental monitoring plans for the job site, including land, water, air, and noise monitoring.

g. Traffic control plan.

h. Methods of protecting surface and ground water during construction activities.

i. Spill prevention. Specify all potentially hazardous substances to be used on the job site and intended actions to prevent accidental or intentional introduction of such materials into the air, ground, water, wetlands, or drainage areas. Specify the provisions to be taken to meet Federal, State, and local laws and regulations regarding labeling, storage, removal, transport, and disposal of potentially hazardous substances.

SECTION 01 57 20 Page 6

j. Spill contingency plan for hazardous, toxic, or petroleum material.

k. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Include measures for marking the limits of use areas.

l. Include a statement as to the person who will be responsible for implementation of the Environmental Protection Plan. The Contractor personnel responsible shall report directly to the Contractor's top management and shall have the authority to act for the Contractor in all environmental protection matters.

m. Recycling and Waste Management Plan. Executive Order 12873 of 20 October 1993 requires a number of considerations in planning a project. Fallen trees should not be burned or buried. Mulching, composting, and other uses for trees should be considered. Also, recovery of metals at the job site, including aluminum cans, should be considered with proceeds to be retained by the Contractor.

Non-Federal recycling and waste minimization efforts shall also be incorporated into this plan.

n. Turbidity Monitoring Plan. A statement as to the person who shall be responsible for turbidity monitoring and reporting to be performed.

Method of turbidity monitoring and reporting that will be performed.

The turbidity monitoring requirements of any special areas such as outstanding Florida waters. This shall include details on the camera system, as well as the means to access the imagery in real time/near real time.

o. Operational plan to achieve protection of sea turtles during hopper dredge(s) operation.

p. Invasive and Nuisance Species Transfer Prevention Plan. The invasive and nuisance species transfer prevention plan shall identify specific transfer prevention procedures and designated cleaning sites/locations. Photos shall be submitted verifying that equipment is clean prior to coming on site.

1.8 QUALIFICATIONS

The individual(s) shall have a combination of education and experience that demonstrates they have the knowledge and background to identify the species of concern and be able to fulfill the requirements of the environmental specification. Resume/qualification submittals must specifically address the knowledge/experience with the species of concern. Any specific requirements for an environmental observer/monitor called out in environmental coordination or authorization documents (such as agency coordination letters, biological opinions, or permits) regarding the project area must be also addressed in the submittals.

1.8.1 Marine Turtle Nesting Monitor and Relocation Qualifications

Marine Turtle Nesting Monitor and Relocation Qualifications: Submit qualifications and Florida Fish and Wildlife Conservation Commission (FF&WCC) permit no later than 5 calendar days after Notice to Proceed. A FF&WCC permitted subcontractor is required to be approved by the Contracting Officer to accomplish the sea turtle monitoring and relocation (as necessary) of this section unless they demonstrate to the satisfaction

SECTION 01 57 20 Page 7 of the Contracting Officer the capability to accomplish sea turtle monitoring and recovery by obtaining a permit from the FF&WCC to take turtles.

1.8.2 Hardbottom Monitoring Qualifications

The names and qualifications of the individuals performing biological monitoring shall be submitted to the Contracting Officer for review and approval no later than 5 calendar days prior to Notice to Proceed. These individuals shall be Scientific Divers compliant with 29 CFR 1910.410 and American Academy of Underwater Scientists (AAUS) standards, shall have professional experience in conducting hardbottom monitoring surveys, and shall have a BS degree or higher in the study of marine biology. In addition, the person or persons performing these surveys shall have a good working knowledge of scleractinian coral, octocoral, and sponge taxonomy.

If additional monitoring team(s) are subcontracted, or new staff are added to the monitoring team, proposed changes and qualifications shall be submitted to the Contracting Officer for review at least 30 days prior to a monitoring event. The Contractor's selected hardbottom monitoring firm is fully responsible for training of new staff members and subcontractors on the required monitoring procedures, as well as the QA/QC verification of their work.

1.8.3 Bird Monitoring Qualifications

No later than 30 calendar days after Award, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor(s). Appropriate qualifications for bird monitor(s) shall be a demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. Bird monitor(s) shall be familiar with the general information, data collection protocol, and data entry procedures outlined on the FF&WCC Florida Shorebird Database website (https://publictemp.myfwc.com/crossdoi/shorebirds/index.aspx). The Contractor shall consult with and coordinate all monitoring plans and activities with the Contracting Officer and the Project Biologist indicated in the ECM (See paragraph PERMITS AND AUTHORIZATIONS above). The Bird Monitors shall meet the following minimum qualifications:

a. Has previously participated in beach-nesting bird surveys of Florida beach nesting birds and relevant work experience (provide references or resume). Experience with previous projects must document the ability to do the following:

(1) identify all species of beach-nesting birds by sight and sound,

(2) identify breeding/territorial behaviors, and find nests of shorebirds that occur in the project area,

(3) identify habitats preferred by shorebirds nesting in the project area.

b. Have a clear working knowledge of, and adhere to, the Breeding Bird Protocol for Florida’s Seabirds and Shorebirds:

(https://publictemp.myfwc.com/crossdoi/shorebirds/resources.aspx)

c. Have completed full-length webinars: Route Surveyor Training and Rooftop Monitoring Training, including annual refresher training.

Training resources can be found on the Florida Shorebird Database (FSD): https://publictemp.myfwc.com/crossdoi/shorebirds/index.aspx

SECTION 01 57 20 Page 8

d. Familiar with FF&WCC beach driving guidelines:

www.myfwc.com/conservation/you-conserve/wildlife/beach-driving.

e. Experience posting beach-nesting bird sites, consistent with Florida Shorebird Alliance (FSA) Guidelines (http://flshorebirdalliance.org/resources/instructions-manuals.aspx).

Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.8.4 Marine Animal Observer Qualifications (Clamshell/Mechanical Only)

Submit to the Contracting Officer for approval, the qualifications of the marine animal observer no later than 5 calendar days after Notice to Proceed. A resume of demonstrated experience monitoring manatees and marine turtles and their behaviors in association with in-water construction projects is required. Specifically, include a table with the names and locations of specific in-water construction projects that observers have worked on. Also, the table shall include for each in-water construction project the permit number(s), the estimated amount of time (hours) spent observing, the estimated number of manatees and marine turtles seen, and whether the work was ever halted due to manatees or marine turtles in the area. Complete the FWC Protected Marine Species Observer Information Form (see CONSTRUCTION FORMS AND DETAILS) for each marine animal observer to document their experience.

1.8.5 Endangered Species Observer and Supervisor Qualifications (For Hopper Dredges Only)

Submit the names of the endangered species observer-biologists (ESOs) to perform the monitoring for this contract no later than 5 calendar days after Notice to Proceed. Only NMFS pre-approved ESOs are authorized to monitor threatened/endangered species takes by hopper dredges. A pre-approved list of ESOs can be obtained by contacting NOAA Fisheries' Northeast Region, Protected Resources Division at 978-282-8460/(978)-281-9291.

1.9 SUBCONTRACTORS

Assurance of compliance with this section by subcontractors shall be the responsibility of the Contractor.

1.10 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations, permits and other elements of the environmental protection specifications. After receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension.

Additionally, notify the Contracting Officer, in writing, of the absence or occurrence of environmental incidents, as required on the Project Environmental Summary Sheet, copy on the first web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

SECTION 01 57 20 Page 9

1.11 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

Provide qualified personnel to perform all phases of environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Identify the Quality Control personnel in the Quality Control Plan submitted in accordance with Section

01 45 05 DREDGING/BEACH FILL PLACEMENT - CONTRACTOR QUALITY CONTROL.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this Contract shall be protected at least during the entire period of this Contract. Confine activities to areas defined by the drawings and specifications. Environmental protection shall be as stated in the following subparagraphs.

3.1.1 General Project Environmental Design and Installation Criteria

Some project sites have features that shall not be impacted in any way, including cultural, historic, or archeological features. At all sites, minimize disturbance to existing features at the site to the extent possible, including vegetative, topographic, and drainage pattern features. Wetland, seagrass or hardbottoms impacts (temporary access, detours, staging areas, and other work area impacts) to project sites should be avoided and may require separate permitting action. Any wetlands temporarily impacted shall have its soil restored upon project completion. Expansion of previously permitted project footprints may likewise require separate permitting action.

In all cases, the installation of temporary systems to aid construction shall provide for protection of the environment during handling, installing, storing, utilizing, transporting, servicing, testing, refilling, transferring, pumping, processing, removing waste products, repairing and maintaining systems and their components. Necessary protection shall also be considered that would prevent contamination of the environment from impacts to the systems caused by storm water runoff and flooding. Retrofit of temporary systems on project sites to modern environmental protection design standards shall also be considered.

In the event environmental protection measures fail, implement procedures to control and correct environmental damage. Coordinate with the Contracting Officer if environmental protection measures fail.

SECTION 01 57 20 Page 10

3.1.1.1 Sewage-Based Systems Environmental Design and Installation Criteria

In general, there shall be no waste or debris discharges of any kind for a project unless authorized by the Contracting Officer. This shall include the Contractor's providing sufficient temporary sanitary equipment and facilities for the project. The design and/or installation of temporary or permanent sewage systems shall ensure that waters will be free of effects of sewage discharges. Adhere to Federal, State, or local codes and requirements regarding sewage in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Adhere to Best Management Practices from the applicable agencies in the design.

3.1.2 Protection of Land Resources

Prior to the beginning of any construction, identify all land resources to be preserved or avoided within the work area. Remove materials displaced into not cleared areas. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without special permission from the Contracting Officer. Engage a qualified tree surgeon to perform all tree surgery. Repair injuries to bark, trunk, branches, and roots of protected trees by dressing, cutting, and painting as specified for Class I Fine Pruning, of the National Arborist Association Pruning Standards for Shade Tree or as per State's Agricultural Extension Agency Guidelines, immediately as occurrences arise. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs.

3.1.2.1 Work Area Limits

Prior to any construction, mark the areas that are not required to accomplish all work to be performed under this Contract. Mark or fence isolated areas within the general work area to be saved and protected.

Protect existing trees designated to remain. Provide protection of tree roots against noxious materials in solution caused by run-off or spillage. Fires shall be located outside the canopy of protected trees.

Do not store materials, trailers, or equipment within the drip line of any protected tree. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. Convey to personnel the purpose of marking and/or protection of all necessary objects.

3.1.2.2 Contractor Facilities and Other Work Areas

Locate facilities, staging and other work areas as indicated in Section 01 50 02 TEMPORARY CONSTRUCTION FACILITIES, and in compliance with permits listed in the paragraph PERMITS AND AUTHORIZATIONS above and obtained for performance of work. Manage borrow or dredge material management (DMMA) areas to minimize erosion and to prevent sediment from entering nearby watercourses, wetlands, or lakes. Manage and control dredged material areas to limit spoil intrusion into areas designated on the drawings and to prevent erosion of soil or sediment from entering nearby watercourses, wetlands, or lakes. Develop dredged material areas in accordance with the grading plan indicated on the drawings. Control temporary excavation and embankments for plant and/or work areas to protect adjacent areas from despoilment. If there is suspicion that sediment may be unsuitable for

SECTION 01 57 20 Page 11 disposal at a specified location, immediately take measures to contain the suspect sediment and notify the Contracting Officer.

3.1.2.3 Solid Wastes

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Conduct handling and disposal to prevent contamination. Haul solid waste materials to a solid waste disposal site approved by the Contracting Officer. Comply with Federal, State and local regulations pertaining to the use of the solid waste disposal site.

3.1.2.4 Fuel, Oil, and Lubricants

Manage fuel, oil, and lubricants in order to prevent spills and evaporation. Provide a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb for fuel dispensers to prevent spills. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Clean pans by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, immediately recover the contaminated ground and dispose of it offsite in an approved area. Store petroleum waste generated in marked corrosion-resistant containers and recycled or disposed of in accordance with 40 CFR 279, State, and local regulations.

3.1.2.5 Hazardous Waste

Hazardous wastes are defined in 40 CFR 261. Ensure that hazardous wastes are stored and disposed of in accordance with 40 CFR 261 and State and local regulations. Ensure that hazardous wastes are packed, labeled, and transported in accordance with 49 CFR 173 and State and local regulations.

3.1.2.6 Hazardous Materials

Ensure that hazardous materials are labeled, stored, and transported in accordance with 49 CFR 173, State and local regulations.

3.1.2.7 Disposal of Other Materials

Handle other materials than previously discussed (Construction and Demolition, vegetative waste, etc.) as directed by the Contracting Officer.

3.1.3 Preservation and Recovery of Historic, Archeological, and Cultural Resources

3.1.3.1 Applicable Law

A number of Federal laws require protection of cultural resources. Two laws, in particular, can be potentially involved with construction activities: (1) the National Historic Preservation Act, as amended; and,

(2) the Abandoned Shipwreck Act.

3.1.3.2 Known Resources

If known historic, archeological, and cultural resources within the Contractor's work area(s) are present, it will be designated as a avoidance area on the contract drawings or other documents. If so designated, install protection for these resources and preserve during the Contract's duration. Do not dredge, spud, or anchor within the designated

SECTION 01 57 20 Page 12 avoidance area. Do not distribute maps or other information on these resource locations except for distribution among the Contractor's staff with a need to know technical responsibility for protecting the resources.

3.1.3.3 Inadvertent Discoveries

If, during construction activities, items that may have historic or archaeological origin are observed, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified. Cease all activities adjacent to the discovery that may result in the destruction of these resources and prevent employees from further removing, or otherwise damaging, such resources. Once reported, Corps staff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Additional work in the area of the discovery will be suspended at the site until all federal and state regulations have been successfully completed and the Corps staff members provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed.

The possibility of encountering submerged cultural resources is inherent in dredging and snagging operations. Such findings could include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log dugouts), and other structural features intact or displaced. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water.