Revision_0003.pdf

GROUP4-10-R-J029 SF1442-A1 Revision 0003

ADDENDUM TO THE STANDARD FORM 1442

JACKSONVILLE HARBOR, MAINTENANCE DREDGING, 40-FOOT AND 38-

FOOT PROJECTS, CUT-41 THROUGH CUT-55 AND CUT-G, JACKSONVILLE,

DUVAL COUNTY, FLORIDA

SPECIAL NOTIFICATION: THIS OPPORTUNITY IS AVAILABLE ONLY TO

THE FOLLOWING CONTRACTORS AWARDED A CONTRACT UNDER

SOLICITATION NUMBER

For Group4 use: 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 GROUP4, 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).

(2) Past performance, to include Dredging MATOC Pools: Group1, Group2 and Group4. *Be advised the Government reserves the right to obtain copies of all Construction Contract Administration Support System (CCASS)/Contractor Performance Assessment Reporting System (CPARS) records contained in the US Army Corps of Engineers CCASS/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”.

GROUP4-10-R-J029 SF1442-A2 Revision 0003

(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:

John Vohlken 904-232-1884 john.d.vohlken@usace.army.mil.

Block 10 -- Magnitude of Construction is between $5,000,000.00 and $10,000,000.00.

Block 11 -- The Contractor shall begin performance within 60 calendar days and complete it within 100 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 August 18, 2016, at 3:00pm, EDT.

U.S. Army Corps of Engineers Jacksonville Regional Contracting Center (CESAJ-CT-C) 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 ________________________________________________

GROUP4-10-R-J029 SF1442-A3 Revision 0003

Signature: ________________________________________________ e-Mail: ________________________________________________

Offer Date: _______________________________________________

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

North Florida Area Office Suite 201 4070 Boulevard Center Drive Jacksonville, FL 32206-3474

Phone: (904) 232-3086

Block 27 -- Payment will be made by:

USACE Finance Center 5722 Integrity Drive

ATTN: CEFC-AO-P

Millington, TN 38054-5005

GROUP1 10-R-J014 SF-30 CONTINUATION Page REVISION #0003

REQUEST FOR PROPOSAL NUMBER: GROUP4-10-R-J029

REVISION #0003

SUMMARY OF CHANGES:

CLAUSES:

DELETE clause 52.211-10 and REPLACE with the attached clause 52.211.10.

SPECIFICATIONS:

ADD the attached Revision Number 0003 Standard Form 30 to the specifications.

DESCRIPTIVE CHANGES TO THE SPECIFICATIONS: The following are descriptive changes to the specifications.

Specifications should be adequately marked to indicate that they have been changed.

SECTION: 00010A – BID SCHEDULE

Revised Bid Schedule: CLIN 0007 and 0008 added. Delete SECTION 00010A and replace it with the attached revised

SECTION 00010A.

SECTION: 01 22 00 – MEASUREMENT AND PAYMENT

Revised: Payment paragraphs 1.4.5 and 1.5.3 added. Delete SECTION 01 22 00 and replace it with the attached revised

SECTION 01 22 00.

SECTION: 01 57 20 – ENVIRONMENTAL PROTECTION

Revised: Paragraph 3.1.5.8. Delete SECTION 01 57 20 and replace it with the attached revised SECTION 01 57 20.

DESCRIPTIVE CHANGES TO DRAWINGS:

Changes described are for information purposes only, and the Government is not liable for any omissions. It is the Contractor’s responsibility to review and submit a bid based upon the full set of revised contract documents.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 60 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 100 calendar days after the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

GROUP4-10-R-J029 00010A-1 Rev Am 0003

Jacksonville Harbor Maintenance Dredging, 40 - Foot and 38 - Projects, Cut-41 through Cut-55 and Cut-G, Jacksonville, Duval County, Florida

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE

0001 MOBILIZATION AND DEMOBILIZATION 1 LUMP SUM $____________

0002 EXCAVATION, UNCLASSIFIED 246,000 CUBIC YARD $____________ $____________

CUT-41 STA. 15+00 TO CUT-54 STA. 15+00 TO

40 FT PLUS 2 FT ALLOWABLE OVERDEPTH,

AND CUT-G TO 38 FT PLUS 1 FT ALLOWABLE

OVERDEPTH

0003 TURBIDITY MONITORING 1 LUMP SUM $____________

0004 ENDANGERED SPECIES MONITORING 1 LUMP SUM $____________

(HOPPER DREDGES ONLY)

0005 DEDICATED MANATEE AND SEA TURTLE 1 LUMP SUM $____________

OBSERVER (CLAMSHELL DREDGING ONLY)

0006 ENDANGERED SPECIES STANDBY TIME 24 HOUR $____________ $____________

(SEE NOTE 5)

*0007

MOBILIZATION AND DEMOBILIZATION FOR

NON-CAPTURE SEA TURTLE TRAWL

SWEEPING 1 LUMP SUM $____________

*0008

SEA TURTLE NON-CAPTURE TRAWL

SWEEPING, ESTIMATED QUANTITY (SEE

NOTE 6) 20 DAY $____________ $____________

* TOTAL (ITEMS 0001 THROUGH 0008) * $____________

NOTES:

(1) THE TOTAL QUANTITY SHOWN FOR EACH EXCAVATION CLIN INCLUDES DEPTH AND ALLOWABLE

OVERDEPTH SINCE THE PREVIOUS DREDGING EVENT. THE CONTRACTOR SHALL NOT PERFORM

WORK IN EXCESS OF THE TOTAL ESTIMATED QUANTITY GIVEN FOR EACH CLIN WITHOUT PRIOR

APPROVAL OF THE CONTRACTING OFFICER. THE CONTRACTOR SHALL NOTIFY THE CONTRACTING

OFFICER AT LEAST ONE WEEK PRIOR TO THE ANTICIPATED DATE THAT THE ESTIMATED QUANTITY

MAY BE EXCEEDED.

(2) ALL BIDS MUST BE FOR THE ENTIRE WORK AND MUST HAVE EACH BLANK SPACE COMPLETED.

(3) FAILURE TO COMPLETE AND RETURN ALL REQUIRED SUBMISSIONS (SF 1442, SECTION 00010A, SECTION 00101 AND BID GUARANTEE) COULD RENDER YOUR BID NON-RESPONSIVE. SEE

PARAGRAPH 999.214-4018 OF SECTION 00100. SEE CLAUSE 52.214-18 PREPARATION OF BIDS--

CONSTRUCTION OF SECTION 00100.

(4) AN ENDANGERED SPECIES OBSERVER IS REQUIRED FOR A HOPPER DREDGE ONLY. A DEDICATED

MANATEE OBSERVER IS REQUIRED FOR CLAMSHELL DREDGING ONLY.

(5) ENDANGERED SPECIES STANDBY TIME IS DEFINED AS WHEN THE DREDGE PLANT IS NOT IN

OPERATION BY REQUEST OF THE CONTRACTING OFFICER OR THE CONTRACTING OFFICER'S

REPRESENTATIVE. STAND-BY TIME SHALL BE UTILIZED ONLY DUE TO THE PRESENCE OF

ENDANGERED SPECIES IN THE IMMEDIATE AREA OF THE DREDGING OPERATIONS, BUT NOT DUE TO ADVERSE WEATHER CONDITIONS. THIS LINE ITEM IS NOT SUBJECT TO THE VARIATION IN ESTIMATED QUANTITY CLAUSE, AND PAYMENT WILL ONLY BE MADE FOR THE ACTUAL STANDBY TIME REQUIRED BY THE CONTRACTING OFFICER. SEE SECTION 01 22 00 MEASUREMENT AND PAYMENT AND SECTION

01 57 20 ENVIRONMENTAL PROTECTION.

(6) SEA TURTLE NON-CAPTURE TRAWL SWEEPING IS REQUIRED WHEN DIRECTED BY THE

CONTRACTING OFFICER. SEE SECTION 01 57 20.

Jacksonville Harbor Maintenance Dredging, 40-Foot and 38-Foot Projects, Cut 41 Thru Cut 55 and Cut G,Jacksonville, Duval County,Fl

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

10/13

PART 1 GENERAL

1.1 SUMMARY

1.1.1 Reference

1.2 QUALITY CONTROL SYSTEM (QCS)

1.2.1 Definition

1.2.2 Instructions

1.3 SUBMITTALS

1.4 LUMP SUM PAYMENT ITEMS

1.4.1 Mobilization and Demobilization (Line Item 0001)

1.4.2 Turbidity Monitoring (Line Item 0003)

1.4.3 Endangered Species Observer (Hopper Dredge Only, Line Item 0004)

1.4.4 Dedicated Manatee and Sea Turtle Observer (Clamshell Dredging

Only, Line Item 0005)

1.4.5 Mobilization and Demobilization for Non-Capture Sea Turtle

Trawl Sweeping (Line Item 0007)

1.5 UNIT PRICE PAYMENT ITEMS

1.5.1 Excavation, Unclassified (Line Item 0002)

1.5.1.1 Payment

1.5.1.2 Measurement

1.5.1.3 Unit of Measure

1.5.2 Standby Time (Line Item 0006)

1.5.2.1 Measurement and Payment

1.5.2.2 Unit of Measure

1.5.3 Sea Turtle Non-Capture Trawl Sweeping (Line Item 0008)

1.5.3.1 Payment

1.5.3.2 Measurement

1.5.3.3 Unit of Measure

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PAYMENT PROCEDURES

3.1.1 Requesting Progress Payment

3.1.2 Options and Modification CLINS

-- End of Section Table of Contents --

SECTION 01 22 00 Page 1 GROUP4-10-R-J029 Revison 0003

SECTION 01 22 00

MEASUREMENT AND PAYMENT

10/13

PART 1 GENERAL

1.1 SUMMARY

This section describes how Line Items will be measured and paid for when making progress payments. Work to be measured is described in specification sections listed for each Line Item. Measurement procedures for payment, required quantity survey or procurement documentation and payment restrictions are described in applicable specification sections.

Allocate costs for work not specifically mentioned to the Line Item most closely associated with work involved. Unless there is a specific Line Item for administrative costs, such as Quality Control and Safety, allocate such costs proportionally across all Line Items.

1.1.1 Reference

The publication listed below forms a part of this specification to the extent referenced. This publication is referred to in the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-2-1003 (2013) Engineering and Design, Hydrographic Surveying

1.2 QUALITY CONTROL SYSTEM (QCS)

1.2.1 Definition

The terms "Contract Line Item Number (CLIN)" and "Line Item" are interchangeable herein (e.g.: CLIN 0001 is Line Item 0001). The term "CLIN" is a contracting term used in the Quality Control System (QCS) payment data base.

1.2.2 Instructions

See Section 01 45 05 DREDGING/BEACH FILL PLACEMENT - CONTRACTOR QUALITY CONTROL for instructions on linking a CLIN to a schedule of values of pay activities and construction schedule, and in-depth payment procedure.

1.3 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. Transmit submittal items in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

SECTION 01 22 00 Page 2

Schedule of Values; G, RO

Provide a breakdown of lump sum items into proposed pay activities. Schedule of Values will become basis for CLIN and Pay Activity data in the QCS payment data base.

1.4 LUMP SUM PAYMENT ITEMS

Payment items for the work of this contract for which contract lump sum payments will be made are listed in the LINE ITEMS AND PRICING SCHEDULE and described below. All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

Progress payments for lump sum CLINs will be made in accordance with the Payments Under Fixed-Price Construction Contracts clause of Section 00700 CONTRACT CLAUSES in Volume 1. Provide a list of pay activities, (Schedule of Values) to breakdown bid for each lump sum CLIN. Within 20 calendar days after receiving Notice to Proceed, submit Schedule of Values for Government approval. An unbalanced Schedule of Values and Pay Activity Schedule will be returned for revision. If this contract contains either the Continuing Contracts clause or the Continuing Contracts (Alternate) clause, the Contractor should take into account the amount reserved for contract payments when preparing the construction schedule.

1.4.1 Mobilization and Demobilization (Line Item 0001)

Payment will be made for costs associated with or incidental to mobilization and demobilization and establishment of initial project management and coordination. See Clause PAYMENT FOR MOBILIZATION AND DEMOBILIZATION of Section 00700 CONTRACT CLAUSES in Volume 1.

1.4.2 Turbidity Monitoring (Line Item 0003)

Payment will be made for costs associated with or incidental to obtaining, analyzing, and reporting the results of monitoring for turbidity. See Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING.

1.4.3 Endangered Species Observer (Hopper Dredge Only, Line Item 0004)

Payment will be made for costs associated with or incidental to endangered species observers required with the use of a hopper dredge. See Section

01 57 20 ENVIRONMENTAL PROTECTION.

1.4.4 Dedicated Manatee and Sea Turtle Observer (Clamshell Dredging Only, Line Item 0005)

Payment will be made for costs associated with or incidental to dedicated manatee and sea turtle observers required when clamshell dredging. See Section 01 57 20 ENVIRONMENTAL PROTECTION.

SECTION 01 22 00 Page 3

1.4.5 Mobilization and Demobilization for Non-Capture Sea Turtle Trawl Sweeping (Line Item 0007)

Payment will be made for costs associated with or incidental to mobilization and demobilization for sea turtle trawling and relocation (For Hopper Dredges Only). See Clause PAYMENT FOR MOBILIZATION AND DEMOBILIZATION of Section 00700 CONTRACT CLAUSES in Volume 1. Also, see Section 01 57 20 ENVIRONMENTAL PROTECTION.

1.5 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this contract on which the contract unit price payments will be made are listed in the LINE ITEMS AND PRICING SCHEDULE and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

Each Unit Price CLIN may be a single pay activity item or may be broken down into pay activities with smaller quantities equal to CLIN total.

Contract unit price multiplied by agreed quantity is full compensation.

1.5.1 Excavation, Unclassified (Line Item 0002)

1.5.1.1 Payment

a. Payment will be made for costs associated with or incidental to excavation, transportation, and disposal of materials; providing and maintaining access to the work site(s) and disposal area(s); monitoring of species in the disposal area(s) and not paid for in other line items; noise control; debris removal; installation, operation or maintenance of the electronic tracking system for surveillance of all dredging and disposal activities. See Section 35 20 23 DREDGING.

b. Insofar as consistent with the paragraph CONTINUITY OF WORK of Section 35 20 23 DREDGING, monthly partial payments will be based on approximate quantities determined by soundings or sweepings performed by the Contractor behind the dredge. The term "area designated by the Contracting Officer" as used in the CONTINUITY OF WORK paragraph, is defined as "acceptance section".

c. Hydrographic surveys for final measurement and payment and for channel clearance will be made by the Government. All surveys will be performed in accordance with USACE EM 1110-2-1003. Survey frequencies will be the same as those shown in the drawings and will remain consistent throughout the contract.

1.5.1.2 Measurement

a. The maps and/or drawings already prepared (clause CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS of Section 00700 CONTRACT CLAUSES in Volume 1) are believed to represent accurately average existing conditions, but the depths shown thereon may be verified and corrected by soundings taken before dredging. Once quantities within a specified reach or section have been determined through the use of in-place measurement, they will not be reopened except on evidence of collusion, fraud, or obvious error.

SECTION 01 22 00 Page 4

b. The total amount of material removed, and to be paid for under the contract, will be measured by the cubic yard in place and quantities determined by the average end area method. The volume computed shall be between the bottom surface shown by soundings taken within 3 weeks before dredging and the bottom surface shown by the soundings taken within 3 weeks after the work specified in each acceptance section indicated on the drawings has been completed. The Contractor shall give 10 days advance notice, in writing, to the Contracting Officer's Representative of the need for a pre-dredging survey or after-dredging survey for final acceptance for each acceptance section. The quantity shall include the volume within the limits of the side slopes described in subparagraph "Side Slopes" of paragraph REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SIDE SLOPES of Section 35 20 23 DREDGING, less any deductions that may be required for misplaced material described in subparagraph "Misplaced Materials" of paragraph DISPOSAL OF EXCAVATED MATERIAL of Section 35 20 23 DREDGING.

1.5.1.3 Unit of Measure

Cubic yard.

1.5.2 Standby Time (Line Item 0006)

1.5.2.1 Measurement and Payment

Standby time for dredging will be paid for each hour or part thereof that the plant is not in operation by request of the Contracting Officer.

Payment will be made for costs associated with or incidental to standby of the dredge plant only upon implementation of this line item. If performance of this line item is not required or implemented per the NOTES in Section 00010A LINE ITEMS AND PRICING SCHEDULE, no payment will be made to the Contractor for this line item. The Contracting Officer may cease operations subsequent to the initial 24-hour period following a turtle take. However, if it is subsequently determined by the Government that a turtle take resulted from improper operational procedures, consideration for the standby time may be withheld by the Government.

1.5.2.2 Unit of Measure

Hour.

1.5.3 Sea Turtle Non-Capture Trawl Sweeping (Line Item 0008)

1.5.3.1 Payment

Payment will be made for costs associated with or incidental to Sea Turtle Non-Capture Trawl Sweeping. These prices shall include costs for furnishing labor, equipment, fuel, oil, materials, and supplies required for trawl sweeping to clear and/or relocate sea turtles from in vicinity of the dredge, and shall include the costs of reporting as specified. See Section 01 57 20 ENVIRONMENTAL PROTECTION.

1.5.3.2 Measurement

Sea Turtle Non-Capture Trawl Sweeping will be measured for payment based upon the duration of performance on a daily basis. A day of trawl sweeping is defined as 24 hours of continuous trawling. The Contractor shall conduct non-capture trawl sweeping as described in paragraph "Sea Turtle

SECTION 01 22 00 Page 5

Non-Capture Trawl Sweeping" in Section 01 57 20 ENVIRONMENTAL PROTECTION.

1.5.3.3 Unit of Measure

Day.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PAYMENT PROCEDURES

Upon receiving initial Resident Management System import file, go to "Pay Activities" and establish a link between bid breakdown schedule of values of "Pay Activities" to contract CLINs using "Schedule Activities" data entry page.

3.1.1 Requesting Progress Payment

For progress payments, ensure "Activity Schedule", "Feature Schedule", submittal register, and punchlists are all up to date. Use "Progress Payments" to "request Activity Earnings" for both "Activity Earnings" data entry page and "Other Earning". Provide hard copies of supporting invoices and quantity measurements to support all requested earnings. Ensure that sum of payment activities do not exceed contract award CLIN funding amounts, or "unbalanced" CLINs error will prevent processing the payment.

3.1.2 Options and Modification CLINS

When additional work is added by modification, existing CLINs funding amounts must be updated, or new CLINs for modification will be created. If contract has option CLINs not yet awarded, option CLINs will appear as zero dollar CLINs until option is awarded by modification. No payment may be requested for Options or Modification CLINs until contract modification has been funded and signed.

-- End of Section --

SECTION 01 22 00 Page 6

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

02/16

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 SUBCONTRACTORS

1.7 NOTIFICATION

1.8 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 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

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)

3.1.5.3 Manatee and Sea Turtle Sighting Reports

SECTION 01 57 20 Page 1

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 Suspension of Dredging (Hopper Dredge Only)

3.1.5.7.1 Excessive Turtle Take

3.1.5.7.2 Equipment Breakdown

3.1.5.7.3 General Guidelines for Corps Discretionary Authority to Initiate Turtle Trawling

3.1.5.8 Protection of Migratory Bird Species

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

3.1.6 Protection of Air Resources

3.1.6.1 Particulates

3.1.7 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

3.5 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

02/16

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 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

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

1.4 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 JCP Permit No.

0303186-001-JC; issued Date: May 23, 2012; Expiration Date: May 23, 2022.

b. Florida Department of Environmental Protection Operation Permit No. 16-255718-001-ES; effective Date: January 13, 2012.

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 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.

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 20 calendar days after award or 5 calendar days after Notice to Proceed, 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 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

SECTION 01 57 20 Page 4

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. 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.

b. 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.

c. 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.

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

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

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

g. Traffic control plan.

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

i. Spill prevention. 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 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. Plan should include measures for marking the limits of use areas.

l. A statement as to the person who shall be responsible for

SECTION 01 57 20 Page 5 implementation of the Environmental Protection Plan. The Contractor personnel responsible shall report directly to the Contractor's top management and shall have the authority to act for the Contractor in all environmental protection matters.

m. Recycling and Waste Management Plan. Executive Order 12873 of 20 October 1993 requires a number of considerations in planning a project. Fallen trees should not be burned or buried.

Mulching, composting, and other uses for trees should be considered. Also, recovery of metals at the job site, including aluminum cans, should be considered with proceeds to be retained by the Contractor. Non-Federal recycling and waste minimization efforts shall also be incorporated into this plan.

n. Turbidity Monitoring Plan. A statement as to the person who shall be responsible for turbidity monitoring, the turbidity monitor"s qualifications, 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.

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

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

q. Steps to be taken to construct the project in such a manner as not to impact gopher tortoises.

r. Invasive and Nuisance Species Transfer Prevention Plan.

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

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 calendar days after Notice to Proceed, whichever 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

Bird Monitoring Qualifications ; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor/observer. Appropriate qualifications for bird monitor/observer shall be a demonstrated ability to find and/or identify bird species, nesting behavior, SECTION 01 57 20 Page 6 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).

Manatee and Sea Turtle Observer Qualifications (Clamshell Only);

G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the manatee and Sea Turtle observer.

Appropriate qualifications for manatee and Sea Turtle observer shall be demonstrated experience monitoring manatees and their behaviors in association with in-water construction projects.

SD-11 Closeout Submittals

Logs/Final Summary Report

Contractor shall submit as specified, logs and final summary 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. In addition, for construction activities whose anticipated duration is more than one calendar year, the Contractor shall complete a sheet each May 31st (plus/minus 14 days).

1.6 SUBCONTRACTORS

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

1.7 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.

1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

The Contractor's personnel shall be qualified to perform all phases of

SECTION 01 57 20 Page 7 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. 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 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. Wetland, seagrass or hardbottoms impacts (temporary access, detours, staging areas, and other work area impacts) to project sites should be avoided and may require separate permitting action. Any wetlands temporarily impacted shall have its soil restored upon project completion. Expansion of previously permitted project footprints may likewise require separate permitting action.

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

In the event environmental protection measures fail, 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

SECTION 01 57 20 Page 8 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 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 Unprotected Erodible Soils

Earthwork brought to final grade shall be finished as indicated in the contract drawings. Side slopes and back slopes shall be protected as soon as practicable upon completion of rough grading. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils. Except in instances where the constructed feature obscures borrow areas, quarries, and waste material areas, these areas shall not initially be totally cleared. Clearing of such areas shall progress in reasonably sized increments as needed to use the areas developed as approved by the Contracting Officer.

3.1.2.3 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

SECTION 01 57 20 Page 9 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.

3.1.2.4 Solid Wastes

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

3.1.2.5 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.

3.1.2.6 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.

3.1.2.7 Hazardous Materials

The Contractor shall ensure that hazardous materials are labeled, stored, and transported in accordance with 49 CFR 173, State and local regulations.

3.1.2.8 Disposal of Other Materials

Other materials than previously discussed (Construction and Demolition, vegetative waste, etc.) shall be handled as directed by the Contracting Officer.

SECTION 01 57 20 Page 10

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.

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 "potentially significant cultural resource" 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…