Revision_0001_GROUP4-10-R-J027.pdf

GROUP4-10-R-J027 SF 1442-A1 Revision 0001

ADDENDUM TO THE STANDARD FORM 1442

Shore Protection Project, Duval County, Florida, Renourishment 2016

SPECIAL NOTIFICATION: THIS OPPORTUNITY IS AVAILABLE ONLY TO THE FOLLOWING

CONTRACTORS AWARDED A CONTRACT UNDER SOLICITATION NUMBER

W912EP-10-R-0026: Orion Marine Construction (W912EP-13-D-0003); Cavache, Inc.

(W912EP-13-D-0004); Cashman Dredging & Marine Contracting (W912EP-13-D-0005);

Cottrell Contracting Corporation (W912EP-13-D-0006); Great Lakes Dredge & Dock Company, LLC (W912EP-13-D-0007); Dutra Dredging Company (W912EP-13-D-0008);

Marinex Construction, Inc. (W912EP-13-D-0009); Norfolk Dredging Company (W912EP-13- D-0010); Mike Hooks, Inc. (W912EP-13-D-0011); Weeks Marine, Inc. (W912EP-13-D-0012);

Southern Dredging Co., Inc. (W912EP-13-D-0013); Manson Construction Company (W912EP-13-D-0014); C. F. Bean LLC (W912EP-13-D-0015) PROPOSALS WILL NOT BE

CONSIDERED FROM ANY ENTITY OTHER THAN THE PREVIOUSLY LISTED FIRMS

INCLUDED IN THE Group 4 Dredging MATOC Pool.

TECHNICAL EVALUATION: The award of the task order will be made on the basis of Lowest Price, Technical Acceptable (LPTA); the technical evaluation factors are:

(1) Availability of technically acceptable dredge(s). Note: Coast Guard Certified Equipment is REQUIRED.

(2) Past performance, to include the MATOC (The government reserves the right to obtain copies of all Contractor Performance Assessment Reporting System (CPARS) records contained in the US Army Corps of Engineers CPARS database for the Prime Contractor (Offeror) and all Major Sub-Contractors).

SUBMISSION REQUIREMENTS: Contractors are required to submit the following:

(1) A letter on company letterhead identifying the dredge(s) the contractor proposes to do the work and the location of dredge(s). The identified dredge(s) must also have been found technically acceptable by the Contracting Officer prior to the proposal due date.

(2) Completed Bid Schedule (see Section 00010A)

(3) Bid Guarantee per Section 00700, Clause 52.228-1 and Section 00100A, Paragraph 2.4(c) of the MATOC

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

(5) Revisions – Offers must acknowledge receipt of this Revision by completing “Notice to Offerors--Blocks 14, 15 and 20” of each revision.

THE FOLLOWING INFORMATION IS APPLICABLE ONLY TO THIS TASK ORDER:

Block 9 -- For additional information contact:

Timothy Humphrey 904-232-1072 Timothy.G.Humphrey@usace.army.mil.

Block 10 -- Magnitude of Construction is between $10,000,000.00 and $25,000,000.00. Coast Guard Load line, Certified Equipment is required for this project.

GROUP4-10-R-J027 SF 1442-A2 Revision 0001

Block 11 -- The Contractor shall begin performance within 45 calendar days and complete it within 104 calendar days after receiving notice to proceed. This performance period is mandatory. NOTE: If there are optional line items, refer to FAR 52.211-10 for breakdown of period of performance.

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

Block 13 -- Sealed offers to perform the work required shall be delivered to the following address not later than May 27, 2016 at 3:00 P.M. EST.

U.S. Army Corps of Engineers Jacksonville Regional Contracting Center (CESAJ-CT-C) Prudential Office Building 701 San Marco Blvd.

Jacksonville, Florida 32207-8175

NOTICE TO OFFERORS: Offerors are to complete Blocks 14, 15, and 20 below:

Block 14 -- Name and Address of Offeror (including Zip Code):

DUNS: ___________________ CAGE: _______________

Block 15 -- Telephone No. (include area code): _____________________

Block 20 -- Name and Title of Person Authorized to Sign Offer (type or print):

Type/Print ________________________________________________

Signature: ________________________________________________ e-Mail: ________________________________________________

Offer Date: _______________________________________________

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

North Florida Area Office 4070 Boulevard Center Drive Suite 201

Jacksonville, FL 32207

Block 27 -- Payment will be made by:

USACE Finance Center 5722 Integrity Drive

ATTN: CEFC-AO-P

Millington, TN 38054-5005

Shore Protection Project, Duval County, Florida, Renourishment 2016

GROUP4-10-R-J027 SF 30 Page 1 Revision 0001

SF 30 CONTINUATION SHEET

The purpose of this revision is to:

1. Revise the Specifications and Drawings as outlined in the Summary of Changes Page Attached.

2. Provide Site Visit Attendance Roster for site visit held on 12 May 2016

3. Provide the pre-proposal teleconference roster as well as the questions and responses provided during the pre-proposal teleconference held on 13 May 2016.

NOTE: PLEASE SEE SUMMARY OF CHANGES ON THE FOLLOWING PAGE:

TASK ORDER REVISIONS

SHORE PROTECTION PROJECT

DUVAL COUNTY, FLORIDA

BEACH RENOURISHMENT 2016

GROUP4-10-R-J027 Revision 0001

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 amendment. 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.

Contract Documents:

There are no changes to Contract Documents.

Technical Specifications:

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

DELETE Section 35 20 25 BEACH FILL and REPLACE with the attached revised Section 35 20 25

BEACH FILL.

2. DRAWINGS:

DELETE Drawing No. G-02 and REPLACE with the attached revised Drawing No. G-02.

DELETE Drawing No. C-06 and REPLACE with the attached revised Drawing No. C-06.

DELETE Drawing No. C-07 and REPLACE with the attached revised Drawing No. C-07.

DELETE Drawing No. C-08 and REPLACE with the attached revised Drawing No. C-08.

DELETE Drawing No. C-22 and REPLACE with the attached revised Drawing No. C-22.

(End of Summary of Changes)

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 SUBCONTRACTORS

1.8 NOTIFICATION

1.9 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT APPLICABLE)

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 Washing and Curing Water

3.1.4.2 Monitoring of Water Areas

3.1.4.3 Turbidity

3.1.4.4 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Endangered Species Protection

3.1.5.2 Endangered Species Observers (Hopper Dredge Only)

GROUP4-10-R-0027 SECTION 01 57 20 Page 1 Revision 0001

3.1.5.3 Manatee, Sea Turtle, and Whale Sighting Reports

3.1.5.4 Disposition of Turtles or Turtle Parts

3.1.5.5 Report Submission

3.1.5.6 Hopper Dredge Equipment

3.1.5.7 Sea Turtle Non-Capture Trawl Sweeping (For Hopper Dredges

Only)

3.1.5.8 Suspension of Dredging (Hopper Dredge Only)

3.1.5.8.1 Excessive Turtle Take

3.1.5.8.2 Equipment Breakdown

3.1.5.8.3 General Guidelines for Corps Discretionary Authority to

Initiate Turtle Trawling

3.1.5.9 Sea Turtle Beach Nest Monitoring

3.1.5.10 Beach Placement Restrictions

3.1.5.11 Escarpments

3.1.5.12 Protection of Shorebird Species

3.1.5.13 Shorebird Buffer Zones and Travel Corridors

3.1.6 Protection of Air Resources

3.1.6.1 Particulates

3.1.6.2 Odors

3.1.7 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

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

GROUP4-10-R-0027 SECTION 01 57 20 Page 2 Revision 0001

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 made in the NEPA document have been incorporated into these specifications. The NEPA document can be found at the following website:

http://www.saj.usace.army.mil/About/DivisionsOffices/Planning/ EnvironmentalBranch/EnvironmentalDocuments.aspx

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 designation only.

GROUP4-10-R-0027 SECTION 01 57 20 Page 3 Revision 0001

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

The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall 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

The Contractor shall 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.

0228528-005-JC; Effective Date: 9/18/15; Expiration Date: 9/18/30.

b. Bureau of Ocean Energy Management Regulation and Enforcement MOA.

The above permits indicate issuing agency approval of work required by this contract. Permits and environmental compliance documents, including Environmental Compliance Matrix (ECM) defining roles and responsibilities, are available at the following web address:

http://www.saj.usace.army.mil/About/DivisionsOffices/Planning/ EnvironmentalBranch/EnvironmentalCompliance.aspx

The Contractor shall 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 in Volume 1.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Submit the following preconstruction submittal items no later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, DO

No later than 15 calendar days after award or 7 calendar days prior to the pre-construction conference, whichever is later, the Contractor shall submit an Environmental Protection Plan for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, the Contractor shall furnish an acceptable

GROUP4-10-R-0027 SECTION 01 57 20 Page 4 Revision 0001 final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the Contractor's plan shall not relieve the Contractor of his 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 Contractor's 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. Details of monitoring for nesting marine turtles and shorebirds onsite during construction.

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

c. Methods for protection of features to be preserved within authorized work areas. The Contractor shall 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.

d. Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations. The Contractor shall 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.

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

f. 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.

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

h. Traffic control plan.

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

j. Spill prevention. The Contractor shall 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. The plan shall specify the Contractor's

GROUP4-10-R-0027 SECTION 01 57 20 Page 5 Revision 0001 provisions to be taken to meet Federal, State, and local laws and regulations regarding labeling, storage, removal, transport, and disposal of potentially hazardous substances.

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

l. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas.

m. Plan of borrow area(s).

n. A statement as to the person who shall 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.

o. 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.

p. 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. Documentation that the person(s) who will be conducting the turbidity monitoring meets the following requirements:

i) is independent of the construction contractor;

ii) has formal training in water quality monitoring; and

iii) has professional experience in monitoring turbidity for coastal construction projects; and submit a scope of work for the turbidity monitoring to ensure that the appropriate equipment is available to conduct the monitoring correctly at any location, and under any safe conditions.

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

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

s. The Contractor shall provide one whale observer text mailbox per dredge e-mail address or telephone number to receive real time whale alerts throughout the calving season.

t. Invasive and Nuisance Species Transfer Prevention.

Turtle Deflector Device; G, DO

GROUP4-10-R-0027 SECTION 01 57 20 Page 6 Revision 0001

If the Contractor proposes to use a hopper dredge for this work, detail drawings shall be submitted showing the proposed device and its attachment to the Contractor's equipment no later than 20 calendar days after award or (5) five calendar days after Notice to Proceed, which ever is later. Contractor's drawings to be submitted shall include the approach angle for any and all depths to be dredged during this contract. A copy of the approved drawings and calculations shall be available on the vessel during the life of this contract. No dredging work shall be allowed to commence until approval of the installed turtle deflector device.

SD-07 Certificates

Qualifications

The Contractor shall submit a copy of Florida Fish and Wildlife Conservation Commission (FF&WCC) permit for handling of sea turtle eggs.

Sea Turtle Nesting Monitor and Relocation Qualifications

Submit qualifications and permit prior to Notice to Proceed.

The Contractor shall have a FF&WCC permitted subcontractor approved by the Contracting Officer to accomplish the sea turtle monitoring and relocation (as necessary) of this section unless he demonstrates 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.

Bird Monitoring Qualifications; G, DO

Prior to Notice to Proceed, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor/observer. In addition, submit bird monitoring qualifications for review to FWC a minimum of seven (7) business days prior to the pre-construction conference. Appropriate qualifications for bird monitor/observer shall be a demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. 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).

Sea Turtle Non-Capture Trawling (For Hopper Dredges Only)

Within 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall submit non-capture trawling supervisor qualifications to the Contracting Officer. Trawling supervisor shall be a biologist approved by NMFS. The Contractor shall consult and coordinate qualifications with the Contracting Officer and the Specialist Biologist indicated in the ECM (See paragraph PERMITS AND AUTHORIZATIONS above).

SD-11 Closeout Submittals

Logs/Final Summary Report

Contractor shall submit as specified, logs and final summary

GROUP4-10-R-0027 SECTION 01 57 20 Page 7 Revision 0001 report of sightings and incidents with endangered species.

Project Environmental Summary Sheet

Contractor shall submit within 30 calendar days following completion of the project, a written report of the absence or occurrence of environmental incidents.

Logs/Summary of Bird Nesting Monitoring

Contractor shall submit as specified, logs and summary of monitoring detailing nesting and nesting success.

Logs/Summary of Marine Turtle Nesting and Relocation

Contractor shall submit as specified, logs and summary of marine turtles nesting and relocation.

Endangered Species Observer Program Final Report Non-Capture Trawl Sweeping Daily Logs

Within 30 calendar days following completion of work, the Contractor shall submit an Endangered Species Observer Program Final Report, including Load Data Forms, Daily Load Forms, Weekly Summaries and Incidental Take Forms, and submit the Non-Capture Trawl Sweeping Daily Logs.

1.7 SUBCONTRACTORS

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

1.8 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 Contractor's environmental protection plan. The Contractor shall, 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, the Contractor shall 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. Refer to paragraph SUBMITTALS above.

1.9 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

The Contractor's personnel shall be qualified 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

GROUP4-10-R-0027 SECTION 01 57 20 Page 8 Revision 0001

Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Quality Control personnel will be identified in the Quality Control Plan submitted in accordance with Section 01 45 05 DREDGING/BEACH FILL PLACEMENT - CONTRACTOR

QUALITY CONTROL.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, the Contractor shall 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. The Contractor shall confine his 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, the Contractor shall minimize disturbance to existing features at the site to the extent possible, including vegetative, topographic, and drainage pattern features. Wetlands, seagrass or hard bottoms, temporary access, detours, staging areas, and other work area impacts) to project sites should be avoided and may require separate permitting action. Any wetlands temporarily impacted shall have its soil restored upon project completion.

Expansion of previously permitted project footprints may likewise require separate permitting action.

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

In the event environmental protection measures fail, the Contractor shall implement procedures to control and correct environmental damage. The Contractor shall 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. Applicable Federal, State, or local codes and requirements regarding sewage shall be strictly adhered to in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Best Management Practices from the

GROUP4-10-R-0027 SECTION 01 57 20 Page 9 Revision 0001 applicable agencies shall also be adhered to in the design.

3.1.2 Protection of Land Resources

Prior to the beginning of any construction, the Contractor shall identify all land resources to be preserved or avoided within the Contractor's work area. Materials displaced into uncleared areas shall be removed. The Contractor shall 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. The Contractor shall engage a qualified tree surgeon to perform all tree surgery. The Contractor shall be responsible to 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, the Contractor shall 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, the Contractor shall mark the areas that are not required to accomplish all work to be performed under this contract.

Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. The Contractor shall protect from damage all existing trees designated to remain. Protection of tree roots shall be provided against noxious materials in solution caused by run-off or spillage. Fires shall be located outside the canopy of protected trees. No materials, trailers, or equipment shall be stored within the drip line of any protected tree. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor shall convey to his personnel the purpose of marking and/or protection of all necessary objects.

3.1.2.2 Contractor Facilities and Other Work Areas

Locate facilities, staging and other work areas as indicated in Section 01 50 02 TEMPORARY CONSTRUCTION FACILITIES, and in compliance with permits listed in the paragraph PERMITS AND AUTHORIZATIONS above and obtained for performance of work. Borrow or dredge material management (DMMA) areas shall be managed to minimize erosion and to prevent sediment from entering nearby watercourses, wetlands, or lakes. Spoil areas shall be managed and controlled 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. Spoil areas shall be developed in accordance with the grading plan indicated on the drawings. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas from despoilment. If there is suspicion that sediment may be unsuitable for disposal at a specified location, the Contractor shall immediately take measures to contain the suspect sediment and notify the Contracting Officer.

3.1.2.3 Solid Wastes

a. Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. All handling and

GROUP4-10-R-0027 SECTION 01 57 20 Page 10 Revision 0001 disposal shall be conducted to prevent contamination. Solid waste materials shall be hauled to a solid waste disposal site approved by the Contracting Officer. The Contractor shall comply with Federal, State and local regulations pertaining to the use of the solid waste disposal site.

b. The Contractor shall provide, install, and maintain predator-proof trash receptacles for the project's workers at all beach access points used for the project construction to minimize the potential for attracting predators of sea turtles. The Contractor shall brief his/her employees on the importance of not littering and keeping the project area free of trash and debris. Unless otherwise directed by the Contracting Officer, the Contractor shall remove the receptacles and they shall become property of the Contractor after their use at beach access points for construction.

3.1.2.4 Fuel, Oil, and Lubricants

Fuel, oil, and lubricants shall be managed so as to prevent spills and evaporation. To prevent spills, fuel dispensers shall have a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned 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, the Contractor shall immediately recover the contaminated ground and dispose of it offsite in an approved area. Petroleum waste generated shall be stored 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. The Contractor shall ensure that hazardous wastes are stored and disposed of in accordance with 40 CFR 261 and State and local regulations. The Contractor shall 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

The Contractor shall 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

Other materials than previously discussed (Construction and Demolition, vegetative waste, etc.) shall be handled 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 dredging activities:

(1) the National Historic Preservation Act, as amended; and, (2) the Abandoned Shipwreck Act.

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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 "environmental sensitive areas" on the contract drawings or other documents. If so designated, the Contractor shall install protection for these resources and shall be responsible for their preservation during the contract's duration. The Contractor shall 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, the Contractor observes items that may have historic or archeological value, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified and a determination for what, if any, additional action is needed. Examples of historic, archeological and cultural resources are bones, remains, artifacts, shell, midden, charcoal or other deposits, rocks or coral, evidences of agricultural or other human activity, alignments, and constructed features. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from further removing, or otherwise damaging, such resources.

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), 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 media shall occur without clear authorization from the Contracting Officer or the appropriate Corps representative.

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, the Contractor shall seek to continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other 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 in Volume 1.

3.1.4 Protection of Water Resources

The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface, ground waters, and wetlands. The Contractor shall plan his operation and perform all work necessary to minimize adverse impact or violation of water quality standards. Special management techniques as set out below shall be

GROUP4-10-R-0027 SECTION 01 57 20 Page 12 Revision 0001 implemented to control water pollution by the listed construction activities which are included in this contract. The Contractor's 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 Washing and Curing Water

Waste waters directly derived from construction activities shall not be allowed to enter water areas. These waste waters shall be collected and placed in retention ponds where suspended materials can be settled out or the water evaporates so that pollutants are separated from the water.

Analysis shall be performed and results reviewed and approved by Corps staff before water in retention ponds is discharged.

3.1.4.2 Monitoring of Water Areas

All water areas affected by construction activities shall be monitored by the Contractor.

3.1.4.3 Turbidity

The Contractor shall conduct his operations in a manner to minimize turbidity. Refer to Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING for further instructions.

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

The Contractor shall 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) Immediate action shall be taken to contain and cleanup any spill of oil, fuel or other hazardous substance.

(2) Spills shall be immediately reported 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, the Contractor shall 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

GROUP4-10-R-0027 SECTION 01 57 20 Page 13 Revision 0001 for spills shall be put in place in advance where practical. Both spill preventive systems and any deviations from associated requirements shall be approved by the Contracting Officer prior to implementation.

b. Liabilities: The Contractor shall be 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

The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention along with measures for their protection shall be listed in the Contractor's Environmental Protection Plan prior to the beginning of construction operation.

In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall 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 Area Engineer for Area Office indicated on Standard Form 1442 To be provided Chief, Environmental Branch Planning Division (CESAJ-PD-E) 904-232-1231 Chief, Construction Division

(CESAJ-CD) 904-232-1639

3.1.5.1 Endangered Species Protection

The Contractor shall instruct all personnel associated with the project of the potential presence of manatees, sea turtles, dolphins and whales in the area, and the need to avoid collisions with and harming these animals. All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing manatees, sea turtles, dolphins or whales which are protected under the 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, or whale harmed, harassed, or killed as a result of construction activities.

a. Siltation Barriers: If siltation barriers are used, they shall be made of material in which manatees cannot become entangled, are properly secured, and are 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

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"no wake/idle" speeds at all times while in waters where the draft of the vessel provides less than a four-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, 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 December through March, barges or dredges moving through the designated critical habitat of the right whale (Eubalaena glacilis) shall take the following precautions. The Contractor shall provide one whale observer text message mailbox per dredge to receive real time whale alerts throughout the calving season. The whale observer test message mailbox e-mail address or telephone number shall be provided to Terri Jordan-Sellers at terri.jordan-sellers@usace.army.mil.

During evening hours or when there is limited visibility due to fog or sea states greater than Beaufort 3, the tug/barge or dredge operator shall slow down to 5 knots or less when traversing between areas if whales have been spotted within 15 nautical miles

(nm) of the vessel's path within the previous 24 hours. During the period 1 December through 30 March, daily aerial surveys within 15 nautical miles (nm) of the dredging and disposal sites will be conducted by others to monitor for the presence of the right whale. Right whale sightings will be immediately communicated by marine radio to the dredging Contractor's dredge.

In addition, the tug/barge or dredge operator shall maintain a 500-yard buffer between the vessel and any whale. The area designated as critical habitat in the southeastern United States encompasses waters between 31 degrees 15 seconds N (approximately located at the mouth of the Altamaha River, GA) and 30 degrees 15 seconds N (approximately Jacksonville, FL) from the shoreline out to 15 nm offshore; and the waters between 30 degrees 15 seconds N and 28 degrees 00 seconds N (approximately Sebastian Inlet, FL) from the shoreline out to 5 nm. If a stranded/injured/incapacitated whale is observed within the construction site, the Contractor is requested to immediately contact the NMFS Whale Stranding Network pager number at 305-862-2850. The Contractor shall report all right whale sightings to the Florida Fish and Wildlife Conservation Commission Wildlife Alert Toll-Free Number 1-888-404-3922 (FWCC) or for cell phone customers *392 (*FWC) or #392 (#FWC).

(4) All turtle takes shall be immediately reported to the Contracting Officer. Dredging operations shall cease if 3 turtles

GROUP4-10-R-0027 SECTION 01 57 20 Page 15 Revision 0001 or 2 endangered turtles are taken until the Contracting Officer notifies the Contractor to resume dredging.

(5) If a turtle is taken by hopper dredge (dead or alive), a copy of the official incident take report shall be e-mailed in PDF format to takereport.nmfsser@noaa.gov, the project biologist and the Contracting Officer.

c. Manatee Signs: Prior to commencement of construction, each vessel involved in construction activities shall display at the vessel control station or in a prominent location, visible to all employees operating the vessel, a temporary sign at least 8-1/2" x 11" reading, "CAUTION: MANATEE HABITAT/IDLE SPEED IS REQUIRED IN CONSTRUCTION

AREA." In the absence of a vessel, a temporary 3' x 4' sign reading "CAUTION: MANATEE AREA" shall be posted adjacent to the issued construction permit. A second temporary sign measuring 8-1/2" x 11" reading "CAUTION: MANATEE HABITAT. EQUIPMENT MUST BE SHUTDOWN IMMEDIATELY IF A MANATEE COMES WITHIN 50 FEET OF OPERATION" shall be posted at the dredge operator control station and at a location prominently adjacent to the issued construction permit. The Contractor shall remove the signs upon completion of construction. Sample Manatee Caution Signs are on the first web site indicated in the paragraph CONSTRUCTION FORMS AND DETAILS below.

3.1.5.2 Endangered Species Observers (Hopper Dredge Only)

During dredging operations, observers approved by the National Oceanic and Atmospheric Administration - Fisheries (NOAA-Fisheries) sea turtles, sturgeon and whales shall be aboard to monitor for the presence of the species. Observer coverage shall be 100 percent (24hr/day) and shall be conducted year round. During transit to and from the disposal area, the observer shall monitor from the bridge during daylight hours for the presence of endangered species, especially the Northern right whale, during the period December through March. During dredging operations, while dragheads are submerged, the observer shall continuously monitor the inflow and/or overflow screening for turtles and/or turtle parts and sturgeon and/or sturgeon parts. Upon completion of each load cycle, dragheads should be monitored as the draghead is lifted from the sea surface and is placed on the saddle in order to assure that sea turtles that may be impinged within draghead are not lost and un-accounted for. Observers shall physically inspect dragheads and inflow and overflow screening/boxes for threatened and endangered species take.

a. Monitoring Reports: The results of the monitoring shall be recorded on the appropriate observation sheets. There is a sheet for each load, a daily summary sheet, and a weekly summary sheet. In addition, there will be a post dredging summary sheet. Observations sheets will be completed regardless of whether any takes of sturgeon (Gulf, Shortnose or Atlantic), whales, or sea turtles occur. In the event of any sea turtle or sturgeon (Gulf, Atlantic or Shortnose) take by the dredge, appropriate incident reporting forms shall be completed. Additionally, all specimens shall be photographed with a digital camera. These photographs shall be attached to respective reports for documentation. Dredging of subsequent loads shall not commence until all appropriate reports are completed from the previous dredging load to ensure completeness and thoroughness of documentation associated with the incidental take Reports shall be submitted to the Corps within 24-hours of the take. Copies of the forms shall be legible. Observer forms may be accessed on the web site indicated in

GROUP4-10-R-0027 SECTION 01 57 20 Page 16 Revision 0001 paragraph CONSTRUCTION FORMS AND DETAILS below.

b. Endangered Species Observer(s): A list of endangered species observer-biologists (ESOs) that have been NMFS-approved to monitor threatened/endangered species takes by hopper dredges can be obtained by contacting NOAA Fisheries' Northeast Region, Protected Resources Division at 978-282-8460.

c. Digital…