W91278-14-B-0004_Amend_0009.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

W91278-14-B-0004-0009

The subject solicitation for: IDIQ Contract for Rental of Hopper Dredge with Attendant Plant and Operators for Maintenance Dredging of Mobile Harbor Channel FY14#2.

Is modified in the following: Sections 01 57 20.00 10 and 35 20 23.23 are replaced in entirety for amendment 0009.

U S ARMY ENGINEER DISTRICT, MOBILE

CONTRACTING DIVISION (CESAM-CT)

(109 ST. JOSEPH ST. 36602) P.O. BOX 2288

MOBILE, AL 36628-0001

SAME AS BLOCK 7

IF HAND CARRIED, DELIVER TO ROOM 6018

W31XNJ40629577

W91278-14-B-0004

12/02/2015

04/02/2014

X

IDIQ Contract for Rental of Hopper W91278-14-B-0004 Dredge with Attendant Plant and Operators for Maintenance Dredging of Mobile Harbor Channel

01 57 20.00 10 - 1

MOBILE HARBOR

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

09/08

PART 1 GENERAL

1.1 APPLICABLE REGULATIONS

The Contractor and their subcontractors in the performance of this contract, shall comply with all applicable Federal, state, and local laws and regulations concerning environmental pollution control and abatement, all applicable provisions of the Corps of Engineers Manual, EM 385-1-1, entitled "Safety and Health Requirements", in effect on the date of solicitation, and the specific requirements stated elsewhere in the contract specifications.

1.2 SCOPE

The work covered by this section consists of furnishing all labor, materials and equipment, and performing all work required for the prevention of environmental pollution during the dredging activities for the Mobile Harbor project, except for those measures set forth in other Technical Provisions of these specifications. For the purpose of this specification, environmental pollution is defined as: a) the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare;

b) unfavorably alter ecological balances; c) affect other species of designated importance of man; or d) degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water, and land, and involves noise control, solid waste management, as well as control of other pollutants.

1.3 SUBCONTRACTORS

The Contractor and their subcontractors shall comply with all requirements under the terms and conditions set out in the permits or certifications issued by the Alabama Department of Environmental Management (ADEM) and in compliance with the provisions of the Contract and applicable Federal, state, and local environmental laws and regulations. Compliance with the provisions of this section by subcontractors shall be the responsibility of the Contractor.

a. The Contractor shall submit an Environmental Protection Plan, in accordance with provisions as specified.

Operators for Maintenance Dredging of Mobile Harbor Channel

01 57 20.00 10 - 2

b. The Contractor shall record on daily reports any problems in complying with laws, regulations and ordinances and corrective action taken.

c. The Contractor shall prepare a listing of resources needing protection (i.e., upland vegetation, wetlands, oyster reefs, submerged aquatic vegetation, air quality, noise levels, surface and groundwater quality, fish and wildlife, historical, archeological and cultural resources) within authorized work areas.

d. The Contractor shall prepare a pollution prevention plan that identifies all potentially hazardous substances on the job site and the intended actions to be taken to prevent the accidental or intentional introduction of such materials into the air, the water or the ground.

e. The Contractor shall set out the procedures to be followed to correct pollution of the environment due to accident, natural causes or failure to follow the procedures identified in the environmental protection plan.

f. The Contractor shall keep dredging and placement activities under surveillance and shall exercise all necessary controls to minimize damage to the environment by noise from equipment and various activities. Areas that have noise levels greater than 85-dB continuously or 140-dB peak (unweighted) impulse must be designated as noise hazardous areas. These work areas must have caution signs displayed at the perimeter of the noise area indicating the presence of hazardous noise levels and requiring the use of hearing protection devices.

g. The Contractor shall detail special provisions taken to meet Federal, state, and local laws and regulations regarding the storage and handling of solid and hazardous waste materials.

1.4 PAYMENT

No separate payment will be made for work covered under this section and all costs in connection therewith will be considered a subsidiary obligation of the Contractor and covered under the contract unit and/or lump sum prices in the Bidding Schedule.

1.5 ENVIRONMENTAL PROTECTION PLAN

Prior to commencement of the work, the Contractor shall, after receipt of Notice of Award of the Contract and at least 7 days prior to the Preconstruction Conference, submit in writing the above Environmental Protection Plan, and shall meet with representative(s) of the Contracting Office to develop mutual understanding relative to compliance with this provision and administration of the environmental protection program.

1.6 NOTIFICATION

01 57 20.00 10 - 3

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental 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 the proposed corrective action and take such action when approved by the Contracting Officer. 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 equitable adjustments allowed to the Contractor for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PROTECTION OF WATER RESOURCES

The Contractor shall not pollute any water bodies including streams, lakes, bays, estuaries, or other marine or fresh waters with fuels, oils, acids, or any other harmful materials. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, state, county, and municipal laws concerning water pollution. The discharge of plastics of any kind within estuarine or marine waters is strictly prohibited.

All work under this contract shall also be performed in such a manner that objectionable conditions will not be created in proximity to the project areas.

a. The Contracting Officer will designate the proposed areas for excavation and the location of approved placement areas. No other areas are approved for the placement or excavation of material.

b. The Contactor shall comply with all turbidity and monitoring standards and other conditions set forth in the water quality standards as specified by the Alabama Department of Environmental Management (ADEM). The Government will monitor turbidity (NTU's) in the work area throughout the life of the contract to ensure that the Contactor complies with the permit requirements. If turbidity at the beach placement site exceeds 50 NTUs above background levels outside the prescribed mixing zones, as specified in the permit, the contractor shall cease activities until corrective actions have been taken and turbidity levels have returned to within compliance levels. Should work stoppage occur, the Contractor shall immediately notify the Contracting Officer.

c. Special measures shall be taken to prevent chemicals, fuels, oils, and greases at the beach placement site or along the pipeline from entering area waters, at all times.

01 57 20.00 10 - 4

d. Contractor shall maintain best Management Practices (BMPs) at all times during operations to minimize turbidity at both the dredge and placement sites.

e. Discharge of any pollutant into the watercourse is strictly prohibited, except as otherwise specified or allowed in other sections of the Technical Specifications.

f. Wastewater shall be processed, filtered, ponded, or otherwise treated prior to their release from project area into waterways.

g. All dredging equipment must have approved marine sanitation devices. Staging areas must have approved onsite wastewater treatment facilities.

3.2 MOBILE OCEAN DREDGED MATERIAL DISPOSAL SITE (ODMDS)

Placement of the dredged sediments within the ODMDS will be conducted in accordance with the conditions specified below in the Section 103 concurrence letter from U.S.

Environmental Protection Agency (EPA) and the Site Management and Monitoring Plan (SMMP). Both of these documents are included in Environmental Compliance Appendix.

a. Mobile Maintenance Ocean Disposal Conditions

(1) A bathymetry survey of the ODMDS release zone will be conducted within three months prior to initiation of disposal activities.

(2) A bathymetry survey of the ODMDS release zone will be conducted within thirty days of completion of disposal activities.

(3) All disposal will be initiated at least 330 feet within the boundaries of the Mobile

ODMDS.

(4) The following special conditions for Dredging Units 02, 06/07, and 10/11 will be followed:

(i) Disposal operations with disposal volumes of less than or equal to 10,800 cubic years per load have no further restrictions.

(ii) For volumes in excess of 10,800 cubic yards, the disposal vessel must dispose at speeds less than 3 knots (kts) (accuracy of +/-1 kts) and no more than one hopper bin may open simultaneously.

(iii) Disposal logs shall be maintained for each load in excess of 10,800 cubic yards. The logs will include at a minimum the following:

- DQM load number

- Date, time, and vessel speed at initiation of disposal

01 57 20.00 10 - 5

- Volume of disposal

- Date, time, and vessel speed of opening and closing of each hopper bin

(iv) Disposal logs shall be submitted with the Post-disposal summary report (condition 4 above) or upon request.

(v) Dredging Unit MH 10-02 is defined as Mobile River Channel 141+00 to 156+00.

Dredging Unit MH10-06/07 is defined as the Mobile Bay Channel 759+00 to 824+00.

Dredging Unit MH10-10/11 is defined as the Mobile Bay Channel 1594+00 to 1760+10.

3.3 RECORDING AND PRESERVING HISTORICAL AND ARCHEOLOGICAL

FINDS

All items having any apparent historical or archeological interest, which are discovered in the course of any removing of material and placement activities shall be carefully preserved. The Contractor shall leave the archaeological find undisturbed and immediately report the find to the Contracting Officer and the Mobile District Archeological Staff (attn: Mr. Michael Fedoroff, PD-EI 251-694-4114) so the proper authorities may be notified. Existing historical, archeological and cultural resources within the Contractor's work area will be so designated by the Contracting Officer. All activities associated with these resources shall be coordinated through the Mobile District Archeological Staff (attn: Mr. Michael Fedoroff, PD-EI 251-694-4114).

3.4 PROTECTION OF LAND RESOURCES

The environmental resources within the project boundaries and those outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The Contractor shall confine their activities to areas defined by the drawings and specifications. The Contractor shall perform a preconstruction survey, which includes but is not limited to photographs, and provide this to the Contracting Officer prior to dredging and placement activities.

a. It is intended that the land resources outside the limits of permanent work completed under this contract be preserved in their present condition or be restored to natural conditions, after completion of dredging and placement activities.

b. The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in an area approved by the Contracting Officer. The Contracting Officer shall approve all temporary movement or relocation of Contractor facilities.

c. The Contractor shall be required to maintain all work areas within or without the project boundaries free from dust that would cause a hazard or nuisance to others.

01 57 20.00 10 - 6

d. The Contractor shall obliterate all signs of temporary support facilities such as haul roads, work areas, structures, foundations of temporary structures, or any other vestiges of activities as directed by the Contracting Officer.

e. The Contractor shall construct or install all temporary and permanent erosion and sedimentation control features at the placement site and along the pipeline route.

f. Solid wastes (excluding clearing debris) includes any waste generated by the Contractor which meets the most complete definition of solid waste as described by Federal, state and local laws and regulations. Solid waste shall be placed in containers that are emptied on a regular schedule. All handling and disposal shall be conducted to prevent spillage and contamination.

g. Hazardous waste shall be stored, removed from the work area and disposed of in accordance with Federal, state and local laws and regulations.

h. The Contractor shall use drainage ditches, low ground pressure equipment, matting, geogrids, and/or other types of soil reinforcement as necessary to enable vehicle traffic and other activity.

3.5 PROTECTION OF FISH AND WILDLIFE

The Contractor shall at all times perform all work and take such steps required to prevent any significant interference or disturbance (as determined by the Contracting Officer) to fish and wildlife.

a. The Contractor will not be permitted to alter water flows or otherwise disturb native habitats adjacent to the project area, which, in the opinion of the Contracting Officer or their appointed representative, are critical to fish or wildlife. Fouling or polluting of water will not be permitted.

b. The Contractor must perform all work within compliance specifications of the permit issues by the Alabama Department of Environmental Management (ADEM).

c. Threatened and Endangered Species: The Contractor shall take all necessary precautions to ensure that activities conducted during the course of this project do not adversely impact listed threatened and endangered species. The Contractor shall instruct all personnel associated with the project of the potential presence of manatees, sea turtles, and Gulf sturgeon 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, Gulf sturgeon, dolphins or whales; or destroying or adversely modifying critical habitat of these species which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act

01 57 20.00 10 - 7 of 1973, and/or the Florida Manatee Sanctuary Act. The Contractor must take special precautions to ensure adequate protection for wildlife resources.

(1) The Contractor shall adhere to all Federal, state, and local laws and regulations including the 2003 NMFS Gulf Regional Biological Opinion (GRBO) and subsequent amendments.

(2) The Contractor shall coordinate all activities associated with these resources with the Coastal Environment Team, Mobile District (attn: Ms. Jenny Jacobson, PD-EC at 251- 690-2724 or Mr. Larry Parson, PD-EC at 251-690-3139).

(3) If any threatened or endangered species is taken, construction activities shall cease immediately and the following individuals shall be notified: (a) The Contracting Officer or appointed representative (b) Ms. Jenny Jacobson, U.S. Army Corps of Engineers, PD- EC at 251-690-2724 or Mr. Parson, U.S. Army Corps of Engineers, PD-EC at 251-690- 3139.

d. Protection of Manatee:

(1) Manatee Sighting: 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. Animals must not be herded away or harassed into leaving. If construction activity shall cease, the Contractor shall notify the Contracting Officer.

(2) 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. IDLE SPPED IS REQUIRED IF OPERATIING A VESSEL IN

THE CONSTRUCTION AREA. ALL EQUIPMENT MUST BE SHUTDOWN

IMMEDIATELY IF A MANATEE COMES WITHIN 50 FEET OF OPERATION. ALL

COLLLISIONS WITH AND/OR INJURY TO A MANATEE SHALL BE REPORTED

IMMEDIATELY TO THE USFWS IN DAPHNE (251-441-5181)." 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.

01 57 20.00 10 - 8

(3) Manatee Sighting Reports: Any collisions with a manatee or sighting of any injured or incapacitated manatee shall be reported immediately to the Contracting Officer or their appointed representative.

(4) Report Submission: The Contractor shall maintain a log detailing sightings, collisions, or injuries to manatees occurring during the contract period. All data in original form shall be forwarded directly to the Mobile District, Planning and Environmental Division, Coastal Environment Team, P.O. Box 2288 Mobile, Alabama 36628-0001, (Attn: Ms. Jenny Jacobson) and the Area Engineer within 10 days of collection.

e. Protection of Sea Turtles and Gulf Sturgeon - Hopper Dredging Only: the Contractor shall implement the following conditions:

(1) Observers: The contractor shall supply NMFS-approved protected species observers to be aboard the hopper dredges to monitor the hopper dredged material, screening, and dragheads for sea turtles and Gulf sturgeon and their remains. Observer coverage shall be 100 percent (24 hr/day). During transit to and from the placement area, the observer shall monitor from the bridge during daylight hours for the presence of endangered species. During dredging operations, while dragheads are submerged, the observer shall continuously monitor the inflow and/or overflow screening for turtles and Gulf sturgeon and/or parts of these species. 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 any sea turtle that may be impinged is not lost or un-accounted for.

Observers shall physically inspect dragheads and inflow and overflow screening/boxes for threatened and endangered species takes.

(2) The contractor shall provide a digital camera, with an image resolution capability of 300 dpi, in order to photographically report all incidental sea turtle and Gulf sturgeon takes during dredging operations. Immediately following an incidental take of a sea turtle or Gulf sturgeon, images shall be provided, via CD or DVD, to the Contracting Officer or their appointed representative in a .JPG or .TIF format and shall accompany load data and incidental take forms. The nature of findings shall be fully described in the incidental take forms including references to photographs.

(3) Screening: Sea turtle observers are required on hopper dredges and shall provide for 100% inflow screening of dredged material; 100% overflow screening is recommended.

If conditions prevent 100% inflow screening, inflow screening may be reduced gradually, as further detailed in the following paragraph, but 100% overflow screening is then required.

(4) Screen Size: The hopper's inflow screens shall have 4-inch by 4-inch screening. If the Contracting Officer, in consultation with observers and the draghead operator, 01 57 20.00 10 - 9 determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. Further clogging may compel removal of the screening altogether, in which case effective 100% overflow screening would be required. The Contactor Officer will consult with the NMFS (Mr. Eric Hawk 727-551-5773) and notify the Mobile District Coastal Environmental Team (Ms. Jenny Jacobson 251-690-2724) prior to the reductions in screening. The Contactor shall provide an explanation for such reduction in the dredging report.

(5) Dredging Pumps: Standard operating procedure shall be that dredging pumps are disengaged by the operator when the dragheads are not firmly on the bottom, to prevent impingement or entrainment of sea turtles within the water column.

(6) Sea Turtle Deflector Requirements:

(i) Sea Turtle Deflecting Draghead: A state-of-the-art rigid deflector draghead must be used on all hopper dredges in all Gulf of Mexico channels and sand mining sites at all times of the year and shall be installed while performing hopper dredging operations under this contract. The contractor shall submit drawings showing the proposed sea turtle deflector device and its attachment to the equipment being used. Drawings submitted shall include the approach angle for any and all depths to be dredged during the dredging.

A copy of the approved drawings and calculations shall be available on the vessel during the dredging.

(ii) Hopper Dredge Equipment: Hopper dredge drag heads shall be equipped with rigid sea turtle deflectors, which are rigidly attached. No dredging shall be performed by the hopper dredge without a turtle deflector device that has been approved by the Contracting Officer (CO).

(iii) Deflector Design: The leading v-shaped portion of the deflector shall have an included angle of less than 90 degrees. Internal reinforcement shall be installed in the deflector to prevent structural failure of the device. The leading edge of the deflector shall be designed to have a plowing effect of at least 6" depth when the drag head is being operated. Appropriate instrumentation or indicator shall be used and kept in proper calibration to insure the critical "approach angle."

If adjustable depth deflectors are installed, they shall be rigidly attached to the drag head using either a hinged aft attachment point or an aft trunnion attachment point in association with an adjustable pin front attachment point or cable front attachment point with a stop set to obtain the 6" plowing effect. This arrangement allows fine-tuning the 6" plowing effect for varying depths. After the deflector is properly adjusted there shall be NO openings between the deflector and the drag head that are more than 4" by 4".

01 57 20.00 10 - 10

(7) Training - Personnel on Hopper Dredges: The USACE may, as necessary, conduct thorough training on measures of dredge operation that will minimize takes of sea turtles and Gulf sturgeon. It shall be the goal of each hopper dredging operation to establish operating procedures that are consistent with those that have been used successfully during hopper dredging in other regions of the coastal United States, and which have proven effective in reducing turtle/dredge interactions.

(8) Monitoring Reports: The results of the monitoring shall be recorded on the appropriate observation forms. Observation forms shall include a daily report sheet and a weekly summary sheet. Observation sheets shall be completed regardless of whether any takes occur. Electronic copies of all data in its original form shall be forwarded to the Mobile District Coastal Environment Team (Attn: Ms. Jenny Jacobson; fax number 251- 690-2727 or e-mail Jennifer.L.Jacobson@sam.usace.army.mil) within 10 days of collection. Copies of forms submitted shall be legible with a minimum of smudges or blackened areas.

f. Sea Turtle and Gulf Sturgeon Trawling and Relocation – Trawling and reloation shall be conducted during Hopper Dredging within Mobile Bay Bar Channel unless otherwise directed by the Contracting Officer. The Contractor shall implement the following Trawling and Relocation conditions:

(1) Trawling Requirements: Relocation trawling shall be conducted to remove sea turtles and Gulf sturgeon from the dredging area(s) during dredging to help prevent entrainment by the dredge. Methods and equipment shall be standardized including data sheets, nets, trawling direction to tide, length of station, length of tow, and number of tows per station.

Data on each tow shall be recorded in on Trawling Report form. The trawler shall be equipped with 60-foot nets constructed from 8-inch mesh (stretch) fitted with mud rollers and flats as specified in the Turtle Trawl Nets Specifications appended to the end of this Section. Paired net tows shall be made for 12 hours per day or night, as directed by the Contracting Officer or their appointed representative. The tows shall be performed in shifts, to be determined by the Contracting Officer or their appointed representative. The trawler shall be available for operation 24 hours a day. If two (2) separate trawlers are required, they shall operate side-by-side, as much as practicable. If multiple dredges are utilized, the trawler(s) shall be used for each dredge actively performing dredging operations. If the dredging operations are coordinated so that only one (1) dredge is actively dredging, trawler(s) shall be required for only that dredge. If dredging operations cease for a period of 12 hours or more, relocation trawling shall be conducted for a minimum of 4 hours prior to resuming dredging operations. The trawler(s) shall be positioned ahead of the hopper dredge and as close to the hopper dredge as safely possible to give maximum coverage ahead of the dredging cut. The dredge and trawler(s) shall work closely together to implement techniques and procedures that will minimize the opportunity for turtles and Gulf sturgeon to enter the dredging path between the trawler(s) and dredge. NOTE: ALL TRAWLING ACTIVITIES, VESSELS AND

EQUIPMENT SHALL COMPLY WITH THE CONTRACTOR'S ACCIDENT

01 57 20.00 10 - 11

PREVENTION PLAN AND THE REQUIREMENTS OF EM 385-1-1, U.S. ARMY

CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL.

Trawling shall be conducted with and against the tidal flow at a speed between 2.5 to 3.5 knots using repetitive 15- to 42-minute (total time) trawls in the work area. Trawl tow-time duration shall not exceed 42 minutes (doors in - doors out) and trawl speeds shall not exceed 3.5 knots. If any lethal turtle takes occur during trawling duration greater than 30 minutes, then trawling time shall be reduced to not exceed 30 minute duration.

Positions at the beginning and end of each tow shall be determined from the Global Positioning System (GPS) equipment. Tow speed shall be recorded at the approximate midpoint of each tow. Acceptable GPS criteria shall be in accordance with EM 1110-1- 1003, paragraph 5.3 and Table 5-1. This EM 1110-1-1003 can be located at the following website:

http://www.publications.usace.army.mil/USACEPublications/EngineerManual s.aspx or can be purchased directly from the Government Printing Office by calling

(202) 512-1800. The postal address is Superintendent of Documents, P. O. Box 371954, Pittsburgh, Pennsylvania 15250-7954 or on line at http://bookstore.gpo.gov/.

(2) Water Quality and Physical Measurements: Water temperature measurements shall be taken at the water surface each day using a laboratory thermometer. Weather conditions shall be recorded from visual observations and instruments on the trawler.

Weather conditions, air temperature, wind velocity and direction, sea state-wave height, and precipitation shall be recorded on the Trawling Report form. High and low tides shall be recorded.

(3) Approved Sea Turtle Trawling and Relocation Supervisor: Trawling shall be conducted under the supervision of a crewmember that possesses the required permits for handling endangered species, experienced in sea turtle capture or is a NMFS-approved observer. A letter of approval from NMFS shall be provided to the Contracting Officer or their appointed representative prior to commencement of trawling.

(4) Repair and Replacement of Damaged Trawl Nets: The Contractor, at the time of mobilization, shall provide trawl nets, which meet the requirements specified in the Turtle Trawl Net Specifications at the end of this section. Trawl nets that are damaged shall be repaired or replaced by the Contractor at no additional expense to the Government. Tools, supplies and materials for repairing nets shall be kept aboard the trawler. In the event of damage to trawl nets, one hour shall be allowed to either repair or replace them. The Contractor shall have at least one set of replacement nets immediately available at all times, to insure that the dredging work is not adversely delayed due to trawler down-time for replacing damaged nets. It is recommended that a second set of replacement nets be available aboard the trawler.

(5) Equipment Breakdown: The contractor shall be placed in a non-pay status when trawling equipment breakdown is such that the trawler does not operate during the day.

Pay time shall resume when trawling operations recommence.

01 57 20.00 10 - 12

(6) Suspension of Dredging and Relocation Trawling: Should there be dangerously high seas that would cause the trawler to leave the dredging area when relocation trawling is required, the dredge may continue to operate, as long as no turtles or Gulf sturgeon are taken and subject to the discretion of the Contracting Officer.

(7) Turtle Excluder Devices: Approval for trawling for sea turtles without Turtle Excluder Devices (TEDs) on hopper dredge dragheads must be obtained from NMFS (contact Eric Hawk at 727-551-5773). Any necessary State or Federal clearances for the capture and relocation of sea turtles shall also be obtained. Approvals shall be submitted to the Contracting Officer or their appointed representative prior to trawling.

(8) Handling During Trawling: Sea turtles and sturgeon captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). Resuscitation guidelines are located in Appendix IV of the GRBO.

(9) Captured Turtle and Gulf Sturgeon Holding Conditions: Turtles and Gulf sturgeon may be held briefly for the collection of important scientific measurements, prior to their release. Captured turtles shall be kept moist, and shaded whenever possible, until they are released, according to the requirements below. Captured Gulf sturgeon shall be held in a suitable well-aerated seawater enclosure until they are released according to the requirements below.

(i) Take and Release Time During Trawling - Turtles: Turtles shall be kept no longer than 12 hours prior to release and shall be released not less than three (3) nautical miles (nmi) from the excavation site. If two or more released turtles are later recaptured, subsequent turtle captures shall be released not less than (5) five nautical miles away. If it can be done safely and without injuries to the turtle, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. Minor skin abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles shall be immediately transported to the nearest sea turtle rehabilitation facility. Observer(s), or their appointed representative(s), shall transport injured turtles to a rehabilitation facility as soon as possible. The NOAA Fisheries-approved turtle transporters shall be used for this purpose.

FLORIDA (partial list)

Clearwater Aquarium Mote Marine Lab 249 Windward Passage 1600 Ken Thompson Parkway Clearwater, FL 33767 Sarasota, FL 34236 Tel. 727-441-1790 Tel. 941-388-4441 or 800-691-MOTE

01 57 20.00 10 - 13

Gulf World Florida's Gulfarium 15412 Front Beach Rd 1010 Miracle Strip Parkway SE Panama City Beach, FL 32413 Ft. Walton Beach, FL 32548 Tel. 850-234-5271 Tel. 850-243-9046

Emerald Coast Wildlife Rescue 406 Mountain Dr Destin, FL 32541 Tel. 850-/650-1880

(ii) Take and Release Time During Trawling - Gulf Sturgeon: Gulf sturgeon shall be released immediately after capture, away from the dredge site, unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank, container, trough or pool where a maximum of one sturgeon may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site.

(10) Scientific Measurements: When safely possible, all turtles shall be measured (standard carapace measurements including body depth), tagged, weighed, and a tissue sample taken prior to release. When safely possible, all Gulf sturgeon shall be measured (fork length and total length), tagged weighed, and a tissue sample taken prior to release.

Any external tags shall be noted and data recorded onto the Tagging form. Only NMFS approved protected species observers or observer candidates in training under the direct supervision of a NMFS-approved observer shall conduct the tagging/measuring/weighing/tissue sampling operations.

(11) Turtle Flipper External Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the start of dredging from the University of Florida's Archie Carr Center for Sea Turtle Research. The NMFS-approved protected species observer aboard these relocation trawlers shall flipper-tag with external tags (e.g., Inconel tags) captured sea turtles.

Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed.

(12) PIT Tagging: PIT tagging of sea turtles and Gulf sturgeon is not required to be done, if the NMFS-approved protected species observer does not have prior training or experience in said activity; however, if the observer has received prior training in PIT tagging procedures, then the observer shall PIT tag the animal prior to release (in addition to the standard external tagging):

(i) Sea turtle PIT tagging must then be performed in accordance with the protocol detailed at NMFS' Southeast Fisheries Science Center's web page:

http://www.sefsc.noaa.gov/species/turtles/observers.htm.

01 57 20.00 10 - 14

(ii) Gulf sturgeon PIT tagging must then be performed in accordance with the protocol detailed at the NMFS SERO PRD Web site address:

http://sero.nmfs.noaa.gov/pr/protres.htm.

(iii) PIT tags used must be sterile, individually wrapped tags to prevent disease transmission. PIT tags should be 125 kHz, glass-encapsulated tags-the smallest ones made.

(13) Other Sampling Procedures: All other tagging and external or internal sampling procedures (e.g., blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) performed on live sea turtles or live sturgeon are not permitted unless the observer holds a valid sea turtle or sturgeon research permit authorizing this activity, either as the permit holder, or as designated agent of the permit holder.

(14) Reporting: Immediately after completing each day of relocation trawling, the Contractor shall notify the Contracting Officer by telephone conveying the results of the trawl. The results of each trawl shall be recorded on the Trawling Report. Electronic copies of trawling reports in its original form shall be forwarded to the Mobile District Coastal Environment Team (Attn: Ms. Jenny Jacobson; fax number 251-690-2727 or e-mail Jennifer.L.Jacobson@sam.usace.army.mil)and Area Engineer within 10 days of collection. Copies of trawl reports (trawling forms, tagging forms and/or incidental take forms) associated with a relocation of Gulf sturgeon or sea turtle shall be furnished to the U.S. Army Corps of Engineers, Mobile District (Attn: Ms. Jennifer Jacobson; fax number 251-690-2727 or e-mail Jennifer.L.Jacobson@sam.usace.army.mil) and to Eric Hawk, National Marine Fisheries Service (fax number 727-570-5517), within 24 hours after completing a relocation trawl.

g. Collateral or "Piggy Back" Research - Hopper Dredging/Trawling Relocation Only:

Any sea turtle research activities proposed by the contractor, or outside parties, to be conducted in association with USACE funded actions, including endangered species monitoring, relocation trawling operations, or use of turtles acquired by these operations shall comply with the following general requirements, and any specific requirements developed by the Corps on a case-by-case basis as requests are received:

(1) The USACE shall be given at least 60 days to review and comment on any such research proposals. The point of contact for this review is Dena Dickerson at the Engineer Research and Development Center (ERDC) in Vicksburg MS.

(2) No such research shall be conducted without the express consent of USACE.

(3) The USACE shall be given the opportunity to review and comment on any potential publication or interpretation of resulting data prior to release. The point of contact for this review is Dena Dickerson at the ERDC.

01 57 20.00 10 - 15

(4) The party or parties conducting the research shall possess a valid research permit pursuant to Section 10 of the Endangered Species Act; and will be responsible for any other Federal, State or local permits or authorizations required, including any requirement of the National Environmental Policy Act (NEPA).

(5) Any injuries, including lethal takes resulting from sea turtle handling activity beyond USACE contract requirements shall be the responsibility of the researcher.

(6) Acknowledgment that the research was conducted with the assistance of USACE shall be included in any resulting publication or report, at the discretion of USACE.

(7) Research activities shall not hinder USACE contracted operations, nor result in any additional cost to the Government;

(8) Research personnel not directly employed by USACE contractors or subcontractors shall not board contracted vessels without signing an appropriate waiver of liability and/or other documents required by USACE.

h. PIT-Tag Scanning - Hopper Dredging/Trawling Relocation Only: All sea turtles and Gulf sturgeon captured by relocation trawling or hopper dredges shall be thoroughly scanned for the presence of PIT tags prior to release using a multi-frequency scanner powerful enough to read multiple frequencies (including 125 128, 134 and 400-kHz tags) and read tags deeply embedded deep in muscle tissue (e.g., manufactured by Trovan, Biomark, or Avid).

Turtles whose scans show they have been previously PIT tagged shall be externally flipper tagged. The data collected (PIT tag scan data and external tagging data) shall be submitted to NOAA, NMFS, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis@noaa.gov; and Sheryan.Epperly@noaa.gov. Sea turtle external flipper tag and PIT tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research.

Gulf sturgeon data (PIT tag scan data and external tagging data) shall be submitted within 60 days of project completion to NOAA, National Marine Fisheries Service, Protected Resources Division, 263 13th Avenue South, St. Petersburg, Florida 33701, or by fax:

(727)824-5309; or by e-mail: takereport.nmfsser@noaa.gov, Attn: Dr. Stephania Bolden.

i. Handling Fibropapillomatose Turtles: NMFS-approved protected species observers onboard a relocation trawler or hopper dredges are not required to handle or sample the viral fibropapillomatose tumors if they believe there is a health hazard to themselves and choose not to. When handling sea turtles infected with fibropapilloma tumors shall

01 57 20.00 10 - 16 either: 1) clean all equipment that comes in contact with the turtle (tagging equipment, tape measures, etc.) with mild bleach solution, between the processing of each turtle or 2) maintain a separate set of sampling equipment for handling animals displaying fibropapilloma tumors or lesions.

j. Requirement and Authority to Conduct Tissue sampling for Genetic Analyses - Hopper Dredging/Trawling Relocation Only: All alive or dead sea turtles and Gulf sturgeon captured by relocation trawling or dredging shall be tissue-sampled prior to release by a NMFS-approved protected species observer.

(i) Sea turtle tissue samples shall be taken in accordance with NMFS' Southeast Fisheries Science Centers' (SEFSC) procedures for sea turtle genetic analyses (Appendix II of the GRBO). Tissue samples shall be properly stored and mailed within 60 days of completion of dredging project, to NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149.

(ii) Gulf sturgeon tissue samples (i.e., fin clips or barbel clips) shall be taken in accordance with NMFS SERO's Protected Resources Division's Gulf sturgeon Tissue Sampling Protocol found at NMFS SERO PRD Website address:

http://sero.nmfs.noaa.gov/pr/protres.htm. Tissue samples shall be property stored and mailed to SERO PRD (Attn: Dr. Stephania Bolden) within 60 days of dredging completion.

k. Dredge or Trawler Take Reporting: The observer(s) shall notify the Contracting Officer as soon as possible of collisions with, and the taking of injured, uninjured or killed sea turtles or Gulf sturgeon. The observer(s) shall complete the appropriate incident report forms for sea turtles and Gulf sturgeon (samples are attached) and transmit an e-mail of this information, within 24 hours of any incident to: NMFS, Southeast Regional Office (e-mail: takereport.nmfsser@noaa.gov), Mobile District Coastal Environmental Team (e-mail: jennifer.jacobson@usace.army.mil and larry.e.parson@sam.army.mil) Photographs shall be attached to respective reports for documentation.

l. Hopper Dredge and Trawler Report Submission: The contractor shall maintain a log detailing all incidental, including sightings of threatened and endangered species occurring during the contact period. The data shall be recorded on the forms provided by the Contracting Officer (sample forms are attached). Copies of all data in its original form shall be forwarded to the Mobile District Coastal Environment Team within 10 days of collection. Following project completion, and within 30 working days, an endangered species observer/trawling and relocation final report shall be submitted to the Mobile District Coastal Environment Team (Attn: Ms. Jenny Jacobson; P.O. Box P.O. Box 2288 Mobile, Alabama 36628-0001). Reports shall contain information on project location (specific area dredged), start-up and completion dates, cubic yards of material dredged, 01 57 20.00 10 - 17 problems encountered, incidental takes and sightings of protected species, mitigation actions taken (if relocation trawling, the number and species of turtles relocated), screening type (inflow, overflow) utilized, any modifications or repairs made on inflow/outflow screens and draghead deflectors, daily water temperatures, name of dredge, names of endangered species observers, and percent observer coverage.

m. Equipment Lighting: During the sea turtle nesting season and emergence season May 1 to October 31, lighting on offshore or onshore equipment shall be minimized through reduction, shielding, lowering, and appropriate placement to avoid excessive illumination of the waters surface and nesting beach while meeting all Coast Guard, COE EM 385-1- 1, and OSHA requirements. Light intensity of lighting plants should be reduced to the minimum standard required by U.S. Coast Guard and/or OSHA for General Construction areas, in order not to misdirect sea turtles. Shields should be affixed to the light housing and be large enough to block light from all lamps from being transmitted outside the construction area.

3.6 PROTECTION OF AIR RESOURCES

All fuel burning equipment shall be properly maintained to prevent violations of State or Federal Air Pollution Standards or interference with inhabitants of the area by causing drastic changes in their accustomed environment. If burning is required, the Contractor should obtain a burning permit from the local fire department, if necessary. Daily inspections will be made of all fuel burning equipment. Immediate corrective action shall be taken if exhaust emissions are found to be excessive.

3.7 MAINTENANCE OF POLLUTION CONTROL FACILITIES DURING

DREDGING AND PLACEMENT ACTIVITIES

During the life of this contract, the Contractor shall maintain all facilities constructed for pollution control as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created. During the dredging period the Contractor should conduct frequent training courses for his maintenance personnel. The curricula should include methods of detection of pollution, familiarity with pollution standards and measures for prevention or mitigation of environmental pollution.

3.8 SANITATION

The Contractor must provide suitable sanitation devices for the proper storage of all sanitary sewage. The Contractor shall ensure that all floating plant operates according to an approved waste management plan as required by 33 CFR Part 151. The dumping of sanitary sewage effluent and/or solids into the waters surrounding the job is strictly prohibited.

01 57 20.00 10 - 18

Turtle Trawl Net Specifications

DESIGN: 4 Seam, 4 Legged, 2 Bridal Trawl Net WEBBING: 4 inch bar, 8 inch stretch Top - 36 Gauge Twisted Nylon Dipped Side - 36 Gauge Twisted Nylon Dipped Bottom - 84 Gauge Braided Nylon Dipped NET LENGTH: 60 ft from cork line to cod end BODY TAPER: 2 to 1 WING END HEIGHT: 6 feet CENTER HEIGHT: Dependent on depth of trawl - 14 to 18 feet COD END: Length 50 meshes x 4 inches equals 16.7 feet Webbing 2 inch bar, 4 inch stretch, 84 gauge braid nylon Dipped, 80 meshes around, 40 rigged meshes…