B.08.03 Horseshoe Cove-Revision 0001.pdf

ADDENDUM TO THE STANDARD FORM 1442

Revision 0001, dated 22 October 2020

HORSESHOE COVE, MAINTENANCE DREDGING 6-FOOT PROJECT, ENTRANCE CHANNEL AND

TURNING BASIN, DIXIE COUNTY, FLORIDA

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

CONTRACTORS AWARDED A CONTRACT UNDER SOLICITATION NUMBER W912EP18R0029:

For GROUP 2 use: W912EP18R0029: Cavache, Inc. (W912EP19D0038); CJW Construction (W912EP19D0039); Coastal Dredging Company, Inc. (W912EP19D0040); Cottrell Contracting Corporation (W912EP19D0041); Florida Dredge and Dock, LLC (W912EP19D0042); Southern Dredging Co., Inc. (W912EP19D0043); Southwind Construction Corp (W912EP19D0044);

Waterfront Property Services, LLC dba Gator Dredging (W912EP19D0045);

PROPOSALS WILL NOT BE CONSIDERED FROM ANY ENTITY OTHER THAN THE PREVIOUSLY

LISTED FIRMS INCLUDED IN THE GROUP2 – SMALL BUSINESS SET-ASIDE 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).

Note: Any type of dredge can be utilized, however if a cutter suction is selected it must be a 16” or larger.

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 be 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

GROUP2-18-R-J008 SF 1442-A1 Revision 0001 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 if the offeror is “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 Section 00100A, Paragraph 2.4(c) 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: Frederick Cooper B. Email Address: Frederick.L.Cooper@usace.army.mil C. Telephone No.: (904) 232-1186

Block 10. The Government Requires Performance of the Work Described in These Documents: See Section 01 11 00 – Summary of Work.

Description of Work:

Refer to Section 01 11 00 for complete description.

Magnitude of Construction is between $1,000,000.00 and $5,000,000.00.

NAICS Code: 237990 Small Business Size Standard: $30,000,000.00

GROUP2-18-R-J008 SF 1442-A2 Revision 0001 mailto:Frederick.L.Cooper@usace.army.mil

You must be registered in the System for Award Management (SAM) in order to receive an award from this Notice of Intent. The SAM website is located at www.sam.gov.

Block 11. The performance period if mandatory. (Refer to FAR Clause 52.211-10 in Section 00700).

Block 12A. The Contractor must furnish any required performance and payment bonds: YES

Block 12B. The contractor must furnish any required performance and payment bonds within 10 calendar days after award of the task order.

Block 13. Additional Solicitation Requirement

A. Offers to perform the required work are due electronically at the following email addresses by 2:00PM, local time on 02 November 2020 to frederick.l.cooper@usace.army.mil and carbon copy (cc) 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 and the Original must be received within two calendar days of the submission date for proposals.

C. All offers are subject to the (1) work requirements and (2) other provisions and clauses incorporated in the Notice of 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, 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 difference 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 60 calendar days after the date offers are due.

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

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

GROUP2-18-R-J008 SF 1442-A3 Revision 0001 http://www.sam.gov/ mailto:frederick.l.cooper@usace.army.mil mailto:tedra.n.thompson@usace.army.mil mailto:griselle.gonzalez@usace.army.mil

REVISION

NO.

DATE

Block 20A. NAME AND

TITLE OF PERSON

AUTHORIZED TO SIGN

OFFER (Type or print)

Block 20B. EMAIL

ADDRESS

Block 20C. SIGNATURE Block 20D.

OFFER DATE

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

North Florida Area Office

Block 27 -- Payment will be made by:

USACE Finance Center 5722 Integrity Drive

ATTN: CEFC-AO-P

Millington, TN 38054-5005

GROUP2-18-R-J008 SF 1442-A4 Revision 0001

SF 30 CONTINUATION SHEET

GROUP2-18-R-J008 1 Revision 0001

Horseshoe Cove, Maintenance Dredging 6-Foot Project, Entrance Channel and Turning Basin, Dixie County, Florida

SUMMARY OF CHANGES

1. SPECIFICATIONS:

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 Addendum to the Standard Form 1442 and REPLACE with the attached revised Addendum to the Standard Form 1442.

DELETE Section 00800A and REPLACE with the attached revised Section 00800A.

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

DELETE Section 35 20 23 and REPLACE with the attached revised Section 35 20 23.

2. DRAWINGS:

DELETE Sheet ID C-07 and REPLACE with the attached revised Sheet ID C-07.

(End of Summary of Changes)

ADDENDUM TO SECTION 00800A, WAGE DETERMINATIONS & OTHER

ATTACHMENTS ARE HEREBY PROVIDED:

THIS PROJECT INCORPORATES THE STATEWIDE HEAVY DREDGING WAGE

DECISION FOR FLORIDA AND THE HEAVY CONSTRUCTION WAGE

DECISION FOR DIXIE COUNTY, FL

No. Title Date No. of Pages 1 Note --- 2 General Decision Number FL20200002 10/02/2020 6 3 General Decision Number FL20200100 08/14/2020 5

NOTE

EXECUTIVE ORDER (EO) 13658 ESTABLISHES AN HOURLY MINIMUM WAGE OF

$10.80 FOR 2020 THATAPPLIES TO ALLCONTRACTSSUBJECT TO THE DAVIS-

BACON ACT FOR ALL HOURS PERFORMED ON THE CONTRACT IN CALENDAR

YEAR 2020

IF YOU HAVE ANY QUESTIONS CONCERNING THE APPLICATION OF THE WAGE

DECISIONS FURNISHEDFOR THISPROJECT, PLEASE CONTACT:

FRAN RUSSELL, OFFICE OF COUNSEL, JACKSONVILLE DISTRICT,

CORPSOF ENGINEERS AT fran.g.russell@usace.army.mil

GROUP2-18-R-J008 Clause Addendum-7

Revision 0001

"General Decision Number: FL20200002 10/02/2020

Superseded General Decision Number: FL20190002

State: Florida

Construction Type: Heavy Dredging

Counties: Florida Statewide.

Dredging Construction Projects FLORIDA (Excluding West of the Aucilla River and its tributary waterways)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 10/02/2020

* ENGI0025-002 10/01/2020

Rates Fringes

Dredging : (Hydraulic Dredges Over 20"") CLASS A1....................$ 41.42 18.31+a

GROUP2-18-R-J008 Clause Addendum-8 Revision 0001

CLASS A2....................$ 36.91 18.31+a CLASS B1....................$ 35.82 18.31+a CLASS B2....................$ 33.72 18.31+a CLASS C1....................$ 32.80 18.21+a CLASS C2....................$ 31.74 18.21+a CLASS D.....................$ 26.37 18.11+a

Hydraulic Dredges Under 20"" Cook........................$ 8.11 1.73+b Deckhand....................$ 7.77 1.73+b Engineer....................$ 9.59 1.73+b Launchman...................$ 8.19 1.73+b Leverman....................$ 10.03 1.73+b Mate........................$ 8.82 1.73+b Mess Cook...................$ 7.71 1.73+b Messman & Janitor...........$ 7.53 1.73+b Oiler & Fireman.............$ 8.11 1.73+b Shoreman....................$ 7.82 1.73+b Spider Barge Operator.......$ 8.68 1.73+b Spill Barge Operator........$ 8.68 1.73+b Welder......................$ 9.79 1.73+b

CLASSIFICATIONS:

CLASS A1: Deck Captain, Leverman, Mechanical Dredge Operator.

Licensed Tug Operator over 1000 HP CLASS A2: Crane Operator (360 swing) CLASS B1: Derrick Operator (180 swing), Spider/Spill Barge Operator, Timber Fork Operator, Dozer Operator, Engineer, Blaster/Driller, Fill Placer, Electrician, Licensed Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

CLASS C1: Mate, Drag Barge Operator, Welder, Assistant Fill

Placer, Steward.

CLASS C2: Boat Operator.

CLASS D: Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Oiler, Janitor, Drill Oiler

PREMIUMS: Additional 20% for hazardous material work

FOOTNOTE APPLICABLE TO ABOVE CRAFTS:

a. New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

Vacation Contribution of 8% of straight time rate multiplied by the total hours worked.

b. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Plus Vacation contribution of 8% of straight time pay for all hours worked.

INCENTIVE PAY : (Add to Hourly Rate)

GROUP2-18-R-J008 Clause Addendum-9 Revision 0001

Operator (NCCCO License/Certification) $1.80; Licensed Tug Operator over 1000 HP (Assigned as Master) USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed Boat Operator (assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80; Oiler QMED and Tankerman endorsement (USCG) $1.80; All classifications Tankerman endorsement only (USCG) $1.55; Deckhand or Mater AB w/Lifeboatman only (USCG) $1.80; Welder (ABS certification) $1.55

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical

GROUP2-18-R-J008 Clause Addendum-10 Revision 0001 order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the

GROUP2-18-R-J008 Clause Addendum-11 Revision 0001 classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

GROUP2-18-R-J008 Clause Addendum-12 Revision 0001

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

GROUP2-18-R-J008 Clause Addendum-13 Revision 0001

"General Decision Number: FL20200100 08/14/2020

Superseded General Decision Number: FL20190100

State: Florida

Construction Type: Heavy

Counties: Bradford, Citrus, Dixie, Flagler, Hamilton, Lafayette, Levy, Madison, Sumter, Suwannee and Taylor Counties in Florida.

HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Lines)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 08/14/2020

* PAIN0164-005 08/01/2020

Rates Fringes

PAINTER: Brush and Spray........$ 20.21 11.83

GROUP2-18-R-J008 Clause Addendum-14 Revision 0001

SUFL2009-139 06/24/2009

Rates Fringes

LABORER: Common or General......$ 8.58 0.00

LABORER: Pipelayer..............$ 12.60 1.01

OPERATOR: Backhoe/Excavator.....$ 14.21 0.94

OPERATOR: Bulldozer.............$ 13.30 1.92

OPERATOR: Loader................$ 11.00 0.00

TRUCK DRIVER: Distributor, Dump, Lowboy and Tandem..........$ 11.55 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

GROUP2-18-R-J008 Clause Addendum-15 Revision 0001

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

GROUP2-18-R-J008 Clause Addendum-16 Revision 0001

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

GROUP2-18-R-J008 Clause Addendum-17 Revision 0001

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

GROUP2-18-R-J008 Clause Addendum-18 Revision 0001

Horseshoe Cove, Maintenance Dredging, 6-Foot Project Entrance Channel and Turning Basin, Dixie 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 QUALITY CONTROL

1.4 PERMITS AND AUTHORIZATIONS

1.5 SUBMITTALS

1.6 ENVIRONMENTAL PROTECTION PLAN

1.7 QUALIFICATIONS

1.7.1 Bird Monitoring Qualifications

1.7.2 Marine Animal Observer Qualifications (Clamshell/Mechanical

Only)

1.7.3 Gopher Tortoise Nesting Monitor And Relocation Qualifications

1.7.4 Eastern Indigo Snake Observer

1.8 SUBCONTRACTORS

1.9 NOTIFICATION

1.10 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 Unprotected Erodible Soils

3.1.2.3 Contractor Facilities and Other Work Areas

3.1.2.4 Solid Wastes

3.1.2.5 Fuel, Oil, and Lubricants

3.1.2.6 Hazardous Waste

3.1.2.7 Hazardous Materials

3.1.2.8 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 GROUP2-18-R-J008 Revision 0001

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Listed Species Protection

3.1.5.2 Protected Listed Species Sighting Reports

3.1.5.3 Protected Species Summary Report

3.1.5.4 Protection of Migratory Bird Species

3.1.5.5 Protection of Gopher Tortoise (GT) Populations (Gopherus polyphemus)

3.1.5.6 Protection of Eastern Indigo Snake Populations

3.1.6 Seagrass Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Burning

3.1.7.3 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 QUALITY CONTROL

Establish and maintain quality control for environmental protection of all items set forth herein. Record on daily quality control reports or

SECTION 01 57 20 Page 3 attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

1.4 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.

Florida Department of Environmental Protection Exemption under Section 403.813(1)(f), Florida Administrative Code; File No.

15-0163891-005-EE dated November 19th, 2018.

The above exemption 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.

1.5 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.

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

Pre-Construction Gopher Tortoise Survey ; G, DO

Indigo Snake Protection/Education Plan ; G, DO

SD-06 Test Reports

Protected Listed Species Sighting Reports ; G, DO

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

Marine Animal Observer Qualifications (Clamshell/Mechanical Only);

G, DO

Gopher Tortoise Nesting Monitor And Relocation Qualifications ; G, DO

Eastern Indigo Snake Observer ; G, DO

SD-11 Closeout Submittals

Protected Species Summary Report ; G, DO

Eastern Indigo Snake Monitoring Report ; G, DO

SECTION 01 57 20 Page 4

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

Gopher Tortoises Comprehensive Final Report ; G, DO

Invasive And Nuisance Species Report

1.6 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 EPP shall have a Table of Contents. Pages of the EPP shall be numbered, including appendices. Sections of the plan and all appendices shall be indexed in the table of contents. 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.

SECTION 01 57 20 Page 5

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. 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 to the maximum extent practical. 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. Construction activities shall be conducted in a manner as not to impact migratory birds or induce their nesting.

p. Steps to be taken to construct the project in such a manner as not to impact gopher tortoises or the Eastern indigo snakes.

q. 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. The Contractor shall provide a report with photographs verifying that equipment brought on the site was cleaned.

The prevention plan and report shall be submitted to the Invasive Species Management Branch, Operations Division.

1.7 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.

SECTION 01 57 20 Page 6

1.7.1 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,

(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 (https://flshorebirdalliance.org/resources/instructions-resources/).

Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.7.2 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

SECTION 01 57 20 Page 7 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.

1.7.3 Gopher Tortoise Nesting Monitor And Relocation Qualifications

Submit qualifications and permit no later than 5 calendar days after Notice to Proceed. A FF&WCC permitted Contractor is required to be approved by the Contracting Officer to accomplish the gopher tortoise monitoring and relocation (as necessary) of this section unless they demonstrate to the satisfaction of the Contracting Officer the capability to accomplish gopher tortoise monitoring and recovery by obtaining a permit from the FF&WCC to take turtles.

1.7.4 Eastern Indigo Snake Observer

Submit the qualifications of the eastern indigo snake observer no later than 5 calendar days after Notice to Proceed. Submit the name(s) and qualifications of the proposed observer for approval. The information submitted should indicate what experience the individual has that would qualify the person to act as an indigo snake observer.

1.8 SUBCONTRACTORS

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

1.9 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.

1.10 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.

SECTION 01 57 20 Page 8

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…