Addendum to 1442 REVISION 0003 (3).pdf

GROUP1-18-R-J019 3 REVISION 0003

REVISION 0003 – DATED 16 September 2020

ADDENDUM TO THE STANDARD FORM 1442

Shore Protection Project, Fort Pierce, Beach Renourishment 2021, St. Lucie 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

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 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

GROUP1-18-R-J019 4 REVISION 0003

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

Note: For future task orders, 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 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 Section00100A, Attachment 8, Paragraph 2.4.3, of the MATOC.

GROUP1-18-R-J019 5 REVISION 0003

(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: Dewayne Sparks Halis L. Batista

EMAIL ADDRESS: Dewayne.A.Sparks@usace.army.mil halis.l.batista@usace.army.mil

B. TELEPHONE NO.: 904-232-1626 1387

Block 10 – THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS: The project work consists of a base and one option. Project work includes constructing a beach berm between Florida Department of Environmental Protection (FDEP) Range Monuments R-34 to T-41 to an elevation +6.8 feet with a varying berm width. The Base of work consists of beach fill between Sta.

338+65 to Sta. 395+00 including an ADA compliant ramp. Option A consists of beach fill between Sta. 395+00 to Sta. 411+73. A permitted offshore borrow area for the project is located approximately 4 miles southeast of the project site. Due to the extensive hard ground areas located offshore of the fill template area, offshore pipeline access to the beach site is prohibited. The Contractor will operate the off-loading from inside the South Jetty of Fort Pierce Inlet, FL. Staging area and beach access to the project fill area is located at the end of Seaway Drive also near the south jetty offloading area.

Project work also includes but is not limited to endangered species observers, sea turtle non-capture trawl sweeping, turbidity monitoring, beach tilling, and construction/vibration controls and monitoring.

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 $30 MILLION.

Block 11 -- The Contractor shall begin performance within 75 calendar days and complete it within 120 calendar days after receiving notice to proceed. Complete all option CLINs within an additional 10 calendar days added to the period of performance.

This performance period is mandatory. (See FAR Clause 52.210.11 in Section 00700).

mailto:Dewayne.A.Sparks@usace.army.mil http://www.sam.gov/

GROUP1-18-R-J019 6 REVISION 0003

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. Offer to perform the work required are due electronically at the following email address(s) by 2:00 PM, local time 21 Sep 2020 to dewayne.a.sparks@usace.army.mil halis.l.batista@usace.army.mil & claurice.m.dingle@usace.army.mil.

B. An offer guarantee is required. Electronic copy of the bid guarantee shall be submitted with the offer and Original must be received within two calendar days of the date due for submittal of offer

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.

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.

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 in writing within 30 calendar days after the date offers are due.

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

mailto:dewayne.a.sparks@usace.army.mil mailto:halis.l.batista@usace.army.mil mailto:claurice.m.dingle@usace.army.mil

GROUP1-18-R-J019 7 REVISION 0003

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

Block 26 --This Task Order will be administered by: Jacksonville Resident Office

Block 27 -- Payment will be made by:

USACE Finance Center 5722 Integrity Drive

ATTN: CEFC-AO-P

Millington, TN 38054-5005

ADDENDUM TO 1442 CONTINUATON SHEET

Shore Protection Project

Fort Pierce Beach Renourishment 2021 St. Lucie County, Florida

SUMMARY OF CHANGES:

1. SPECIFICATIONS:

The text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs and pertain only to changes made by this revision. The entire section is replaced if there is any change. The Project Table of Contents and Submittal Register are replaced without underlines and cross-outs if there are changes to these documents. New sections are added without underlines and cross-outs.

Changes to Specifications:

W912EP-18-R-J019 1 Revision 0003

Delete FAR Clause 52.211-10 in its entirety and replace it with below FAR Clause 52.211-10.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within 75 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work associated with the Base and Option A ready for use not later than 15 May 2021 calendar days after the Contractor receives the notice to proceed, except for work between R-34 and R-37 which shall be completed no later than 30 MAY 2021. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 30 December 2020.

(End of clause)

ADD below clause.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor not later than 15 April 2021. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

1. TECHNICAL SPECIFICATIONS:

DELETE Section 01 57 20 and REPLACE with Section 01 57 20.

DELETE Section 35 20 25 and REPLACE with Section 35 20 25.

2. DRAWINGS:

REPLACE Sheet C-10 with Sheet C-12.

(End of Summary of Changes)

W912EP-18-R-J019 2 Revision 0003

SPP, Fort Pierce Beach Renourishment 2021

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 Bird Monitoring Qualifications

1.8.3 Manatee Observer Qualifications (Clamshell/Mechanical Only)

1.8.4 Endangered Species Observer and Trawl 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

3.1.4.2 Turbidity

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and

SECTION 01 57 20 Page 1 GROUP1-18-R-J019 Revision 0003

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 Manatee, Sea Turtle, and Whale 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 Sea Turtle Trawling and Relocation (For Hopper Dredges

Only)

3.1.5.8 Sea Turtle Beach Nest Monitoring

3.1.5.9 Beach Placement Restrictions

3.1.5.10 Escarpments

3.1.5.11 Hardbottom Protection

3.1.5.12 Protection of Shorebird Species

3.1.6 Protection of Piping Plover and Rufa Red Knot

3.1.7 Seagrass Protection Measures

3.1.8 Protection of Air Resources

3.1.8.1 Particulates

3.1.8.2 Odors

3.1.9 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

EM 1110-1-1003 (1996) NAVSTAR Global Positioning System Surveying

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.

0327791-001-JC; Effective Date: May 2, 2016; Expiration Date: May 2, 2031 and Modifications No. 0327791-002-JN issued on March 13, 2017.

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 other permits or licenses required for construction of this project in accordance with the Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES.

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 calendar days after Award:

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

SD-02 Shop Drawings

Turtle Deflector Device ; G, RO

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

SD-07 Certificates

Marine Turtle Nesting Monitor and Relocation Qualifications

SECTION 01 57 20 Page 4

Bird Monitoring Qualifications ; G, DO

Manatee Observer Qualifications (Clamshell/Mechanical Only); G, DO

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

SD-11 Closeout Submittals

Protected Species Summary Report ; G, DO

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

Logs/Summary of Marine Turtle Nesting and Relocation

Comprehensive Trawl Sweeping Daily Logs ; G, DO

Endangered Species Observer Program Final Report ; G, DO

Invasive And Nuisance Species Report

Winter Shorebird Survey

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.

SECTION 01 57 20 Page 5

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.

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. Plan of borrow area(s).

m. 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.

n. 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.

o. 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.

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

q. Construction activities shall be conducted in a manner as not to impact migratory birds or induce their nesting.

SECTION 01 57 20 Page 6

r. Provide one whale observer text mailbox per dredge e-mail address or telephone number to receive real time whale alerts throughout the calving season.

s. Endangered Species Watch Plan detailing how the requirements to minimize the risk of a North Atlantic right whale/dredge vessel interaction will be accomplished.

t. Invasive and Nuisance Species Transfer Prevention Plan.

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 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 Bird Monitoring Qualifications

No later than 5 calendar days after Notice to Proceed, 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, SECTION 01 57 20 Page 7

(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

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).

1.8.3 Manatee Observer Qualifications (Clamshell/Mechanical Only)

Submit to the Contracting Officer for approval, the qualifications of the manatee observer no later than 5 calendar days after Notice to Proceed. A resume of demonstrated experience monitoring manatees 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 seen, and whether the work was ever halted due to manatees in the area. Complete the FWC Protected Marine Species Observer Information Form (see CONSTRUCTION FORMS AND DETAILS) for each manatee observer to document their experience.

1.8.4 Endangered Species Observer and Trawl 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

SECTION 01 57 20 Page 8

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.

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

SECTION 01 57 20 Page 9 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.

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

SECTION 01 57 20 Page 10 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 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, SECTION 01 57 20 Page 11

(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 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. Suspected cultural materials inadvertently gathered from a water-saturated context should be kept moist by re-immersion, spraying, or some other expedient means of wetting until the appropriate Corps staff provide further directives. No interviews or other contact with the media or federal, tribal or state agencies shall occur without clear authorization from the Contracting Officer.

In the unlikely event that unmarked human remains are identified, they will be treated in accordance with Section 872.05 Florida Statutes.

Immediately cease all work and ground disturbing activities within a 50-meter diameter of the unmarked human remains and notify the Contracting Officer. The Contracting Officer will notify the local medical examiner, and the appropriate SHPO and THPO(s). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Contracting Officer may modify, suspend, or terminate work activities. Such activity shall not resume without written authorization from the State Archeologist and from the Contracting Officer.

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other

SECTION 01 57 20 Page 12 manner that strives to continue productive activities in keeping with the Contract. Should an inadvertent discovery be of the nature that substantial impact(s) to the work schedule are evident, such delays shall be coordinated with the Contracting Officer. Contract adjustments resulting from compliance with this paragraph shall be determined in accordance with Clause DIFFERING SITE CONDITIONS of Section 00700 CONTRACT

CLAUSES.

3.1.4 Protection of Water Resources

Keep construction activities under surveillance, management, and control to avoid pollution of surface, ground waters, and wetlands. Implement special management techniques as set out below to control water pollution by the listed construction activities which are included in this Contract. Construction methods shall protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. There shall be no storage or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone unless specifically authorized.

3.1.4.1 Monitoring of Water Areas

Monitor all water areas affected by construction activities

3.1.4.2 Turbidity

Conduct operations in a manner to minimize turbidity. Refer to Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING for further instructions.

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and Mitigation

Prevent oil, fuel, or other hazardous substances from entering the air, ground, drainage, local bodies of water, or wetlands. This shall be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following shall occur:

(1) Take immediate action to contain and cleanup any spill of oil, fuel or other hazardous substance.

(2) Immediately report spills to the Contracting Officer.

(3) Spill contingency planning shall be strictly in accordance with the criteria of 40 CFR, Part 109.

(4) To control the spread of any potential spill, absorbent materials shall be readily available and capable of absorbing the contents of the single largest tank.

(5) To control the spread of any potential spill, provide a written certification of commitment of manpower, equipment, and materials required to expeditiously cleanup and dispose of spill materials.

a. Spill Preventive Systems: System design and installation requirements have been discussed at the beginning of this Section. Temporary or portable tanks shall conform to applicable Federal, State and local codes and requirements and shall not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills shall be put in place in advance where practical. Both spill

SECTION 01 57 20 Page 13 preventive systems and any deviations from associated requirements shall be approved by the Contracting Officer prior to implementation.

b. Liabilities: Liable in the amounts established in 40 CFR, Part 113 when it can be shown that oil was discharged as a result of willful negligence or willful misconduct. The penalty for failure to report the discharge of oil shall be in accordance with the provision of 33 CFR, Part 153.

3.1.5 Protection of Fish and Wildlife Resources

Keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. List species that require specific attention along with measures for their protection in the Environmental Protection Plan prior to the beginning of construction operation.

In the event that a threatened, endangered, or Marine Mammal Protection Act (MMPA) species is harmed as a result of construction activities, cease all work and notify the Contracting Officer. The order of contact within the Corps of Engineers shall be as follows:

Order of Contact of Corps Personnel

Title Telephone Number

Corps, Inspector Onsite/After hours to be provided Corps, Project Engineer, Jim Bonanno 561-236-8360 Contracting officer Representative, Jim Bonanno 561-236-8360 Administrative Contracting Officer, Miguel Cedeno-Morales 561-386-3429 Area Engineer, Toney Jettinghoff 561-472-3511

3.1.5.1 Listed Species Protection

Instruct personnel associated with the project of the potential presence of listed species manatees, sea turtles, dolphins and whales in the area, and the need to avoid collisions with and/or harming these animals.

Advise construction personnel that there are civil and criminal penalties for harming, harassing, or killing, or attempting to harm, harass or kill or manatees, sea turtles, dolphins or whales which are protected under the Marine Turtle Protection Act, Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and/or the Florida Manatee Sanctuary Act. The Contractor shall be held responsible for any manatee, sea turtle, dolphin, or whale harmed, harassed, or killed as a result of construction activities.

a. Siltation Barriers: Made of material in which manatees cannot become entangled, properly secured, and regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat.

b. Special Operating Conditions:

(1) All vessels associated with the project shall operate at no wake/idle speeds at all times while in waters where the draft of the vessel provides less than a 4-foot clearance from the bottom, and vessels shall follow routes of deep water whenever possible.

Boats used to transport personnel shall be shallow-draft vessels, preferably of the light-displacement category, where navigational safety permits. Mooring bumpers shall be placed on all barges, SECTION 01 57 20 Page 14 tugs, and similar large vessels wherever and whenever there is a potential for manatees to be crushed between two moored vessels.

The bumpers shall provide a minimum stand-off distance of four feet.

(2) If a manatee(s) is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the Contractor to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. If a manatee is closer than 50 feet to moving equipment or the project area, the equipment shall be shut down and all construction activities shall cease within the waterway to ensure protection of the manatee. Construction activities shall not resume until the manatee has departed the project area.

(3) During the period November through April, barges or dredges moving through the designated critical habitat of the North Atlantic right whale (Eubalaena glacilis) shall take the following precautions. Before the start of dredging, the provide one whale observer email address to receive aerial survey-related notification (status, fly/no-fly plans, etc.) that will be immediately sent to all active vessels working in water for the project. The email address will be provided to nmfs.ser.rw.subscribe@noaa.gov and Angie Dunn, Chief, Environmental Branch angela.e.dunn@usace.army.mil.

Additionally, all captains of dredges, relocation trawlers, survey vessels, and support vessels over 33-ft in length will provide a text…