Rockaway Groin Contract_Specification_02-19-2020.pdf

NEW YORK DISTRICT

Coastal Storm Risk Management

East Rockaway Inlet To Rockaway Inlet

Atlantic Shore Front Groins Project

Rockaway Peninsula, New York

Specifications

Feb 19th, 2020

IFB NO. W912DS-20-B-0004

LEFT BLANK INTENTIONALLY

East Rockawy Inlet to Rockawy Inlet & Jamaica Bay-Groin ROCKAWYJAMBAYGRO Specification

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 00 01 COVER SHEET

00 00 02 CHECK LIST FOR BIDDERS

00 10 00 SF 1442 AND BIDDING SCHEDULE

00 21 16 INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 90 00 WAGE RATES

00 90 01 TIMBER GROIN REMOVAL

00 90 02 WATER QUALITY CERTIFICATE

00 90 03 SURVEY BENCHMARK RECOVERY

00 90 04 TRANS-ATLANTIC SUBMARINE CABLES

00 90 05 BIOLOGICAL OPINION

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 11 35 AIR EMISSIONS REQUIREMENTS

01 14 00 WORK RESTRICTIONS

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 29 SUSTAINABILITY REPORTING

01 35 13 SPECIAL PROJECT PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 57 23.00 18 TEMPORARY STORM WATER POLLUTION CONTROL

01 58 00.00 18 PROJECT IDENTIFICATION AND STEWARDSHIP EDUCATION

INTERPRETIVE SIGN (ESA-SEIS)

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 01 51 VIBRATION MONITORING OF STRUCTURES

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 29.40 STONE CONSTRUCTION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION 00 00 01

COVER SHEET

PART 1 GENERAL

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

COASTAL STORM RISK MANAGEMENT

EAST ROCKAWAY INLET TO ROCKAWAY INLET

ATLANTIC SHORE FRONT GROINS PROJECT

ROCKAWAY PENINSULA, NEW YORK

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-20-B-0004

2. BIDS MUST BE SET FORTH full, accurate, and complete information as required by this Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00 21 16).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation.

(See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY in Section 00 21 16 of this IFB).

5. REPRESENTATIONS AND CERTIFICATIONS - SECTION 00 45 00 Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

Within Section 00 45 00, note in particular the PROHIBITION SEGREGATED FACILITIES. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause

(1984 APR).

6. THIS PROJECT IS A CIVIL WORKS PROGRAM PROCUREMENT AND IS NOT FUNDED BY

THE DEPARTMENT OF DEFENSE. BUY AMERICAN ACT - CONSTRUCTION MATERIALS

(MAY 1993) IN ACCORDANCE WITH FAR 52.225-5 APPLIES.

7. Please review all bonds and accompanying documents required to be submitted. Bonds, Powers of Attorney, statements of authenticity and continuing validity, and all related documents MUST NOT bear computer printer-generated signatures and/or seals. Documents bearing signatures and/or seals generated as part of a document, as opposed to being affixed to the document after its generation, will not be

DOCUMENT 00 00 01 Page 1 accepted. Submission of such documents may render the bid or offer non-responsive and ineligible for award.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 00 01 Page 2

SECTION 00 00 02

CHECK LIST FOR BIDDERS

PART 1 GENERAL

ATTACHED IS IFB NO. W912DS-20-B-0004

COASTAL STORM RISK MANAGEMENT

EAST ROCKAWAY INLET TO ROCKAWAY INLET

ATLANTIC SHORE FRONT GROINS PROJECT

ROCKAWAY PENINSULA, NEW YORK

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE

FURNISHED. MISTAKES OR OMISSIONS MAY RENDER YOUR OFFER INELIGIBLE FOR

AWARD. IMPORTANT ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED TO

THOSE LISTED BELOW. THIS INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN

SUBMITTING A PROPER BID

____HAVE YOU ACKNOWLEDGED ALL AMENDMENTS?

____HAVE YOU COMPLETED THE "REPRESENTATIONS AND CERTIFICATIONS" (SECTION 00

45 00) PORTION OF THE SOLICITATION?

____IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

____IS YOUR BID GUARANTEE PROPERLY SIGNED BY BOTH THE BIDDER AND SURETY AND

ARE ALL SEALS AFFIXED?

____DO THE BID BOND AND ACCOMPANYING DOCUMENTS BEAR SIGNATURES AND SEALS

AFFIXED AFTER THE DOCUMENT WAS GENERATED, AS OPPOSED TO COMPUTER

PRINTER-GENERATED SIGNATURES AND/OR SEALS?

____HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR OFFER BY ALTERING

THE PROVISIONS OF THE SOLICITATION?

____WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH PRICE ITEM? (THE

SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY.)

____ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

____IF YOU HAVE MADE ERASURES OR CORRECTIONS ON YOUR BID, ARE THEY

INITIALED BY THE PERSON SIGNING THE BID?

____DOES THE ENVELOPE CONTAINING YOUR BID PROPERLY IDENTIFY THAT IT ISA

SEALED BID AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER AND BID

OPENING TIME?

____WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00 21 16 OF

THE SOLICITATION.)

____WILL YOUR OFFER ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED "LATE

SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS" IN THE

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00 21 16 OF

DOCUMENT 00 00 02 Page 1

THE SOLICITATION.)

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS FEDERAL

BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES TO ENTER

THE BUILDING. BIDDERS IS RESPONSIBLE TO ENSURE THAT ITS BID IS

SUBMITTED TIMELY.

PART 2 PRODUCTS

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DOCUMENT 00 00 02 Page 2

SECTION 00 10 00

SF 1442 AND BIDDING SCHEDULE

PART 1 GENERAL

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD

Bidding Schedule attached.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 10 00 Page 1

DOCUMENT 00 10 00 Page 2

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 21 16 Page 1

DOCUMENT 00 21 16 Page 2

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 45 00 Page 1

DOCUMENT 00 45 00 Page 2

SECTION 00 72 00

CONTRACT CLAUSES

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 72 00 Page 1

DOCUMENT 00 72 00 Page 2

SECTION 00 90 00

WAGE RATES

PART 1 GENERAL

1.1 NOTE:

To be provided by Contracting Division.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 90 00 Page 1

DOCUMENT 00 90 00 Page 2

SECTION 00 90 01

TIMBER GROIN REMOVAL

PART 1 GENERAL

1.1 DESCRIPTION

Timber Groin Photo attached.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 90 01 Page 1

DOCUMENT 00 90 01 Page 2

SECTION 00 90 02

WATER QUALITY CERTIFICATE

PART 1 GENERAL

1.1 DESCRIPTION

The Water Quality Certificate will be issued once it becomes available.

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 90 02 Page 1

DOCUMENT 00 90 02 Page 2

SECTION 00 90 03

SURVEY BENCHMARK RECOVERY

PART 1 GENERAL

1.1 DESIGNATION

1.1.1 W 350

PID: KU1376

Location Scaled ELEVATION: 16.55' (NAVD88) Bench loop done 03/06/2018 BK1033 pp29-30 Bench loop done 02/26/2018 BK 1022 pp61 Bench loop check done on 10/16/2013 FB. 1009 P. 21

Located at New York, in Borough of Queens, at Southeast end of Marine Parkway bridge connecting Brooklyn and Rockaway beach, set vertically in the southwest face of rounded southwest wing wall, 2.5 Feet west of west edge of west sidewalk, about 2 feet bove ground and about 4 feet lower than south bound traffic lane of bridge

1.1.2 B 88

Proj: LIL X: 1036540.503 Y: 152269.570 Location and Elevation from OPUS Projects 5/2018.

Elevation: 11.26' (NAVD88)

Located at Hammels, Fire Island, New York. From the intersection of Beach 191st Street and Shore Front Parkway. Go 98.3m East on Shore Front Parkway to the entrance of parking lot on the South side of Shore Front Parkway.

Located at the Southwest corner of paved parking lot. 60.7' South from the South curb line of Shore Front Parkway. 45.8' South from the North West corner of parking lot. 45' North from the face of the concrete boardwalk.

80.9' West from the West face of existing rescue station. Brass Disk set on top of curb

1.1.3 B 121

Proj: LIL X: 1028737.748 Y: 149230.650 Location from OPUS Projects 5/2018.

Elevation: 19.49' (NAVD88)

USACE disk set at Rockaway Park, Queens County, New York.

From the intersection of Rockaway Beach Blvd. East and Beach 121 St, South 277.5m South on Beach 121 Street.

The disk is located on the concrete "boardwalk" at the end of Beach 121 Street. 65' from the centerline of Beach 121 Street. 38.0' Southwest from light pole B115-R010A. 4' East from the East side of walk. 1' North from the South side of walk. 2.3' North from FDNY call box.

USACE Disk set flush in the concrete "Boardwalk". Stamped B 121 2018.

DOCUMENT 00 90 03 Page 1

1.1.4 B 148

Proj: LIL X: 1022490.639 Y: 146204.082 Location from OPUS Projects 5/2018.

Elevation: 11.12' (NAVD88) Bench loop done on 5/7/2018 using DNA 10 (holding W 350). HOLD THIS 11.10' (NAVD88) From OPUS Projects.

USACE disk set In Neponsit, Queens County, New York.

From the intersection of Rockaway Beach Blvd. East and Beach 148th Street, 204.45m South on Beach 148th St.

Disk set in concrete sidewalk on the West side of Beach 148th Street.

Locate4d 1' from the end of sidewalk.

21.5' West from the centerline of Beach 148th Street.

58.5' Southwest from the centerline of pole with no number.

32.7' Soouth from centerline of fire hydrant.

3' East from the corner of block wall.

PART 2 PRODUCTS

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DOCUMENT 00 90 03 Page 2

DOCUMENT 00 90 03 Page 3

SECTION 00 90 04

TRANS-ATLANTIC SUBMARINE CABLES

PART 1 GENERAL

1.1 DESCRIPTION

Trans-Atlantic Submarine Cables map

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 90 04 Page 1

DOCUMENT 00 90 04 Page 2

SECTION 00 90 05

BIOLOGICAL OPINION

PART 1 GENERAL

1.1 DESCRIPTION

Attached

PART 2 PRODUCTS

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PART 3 EXECUTION

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DOCUMENT 00 90 10 Page 1

1. Piping Plover Avoidance and Minimization Measures

1.1 A time-of-year (TOY) no-dredge/work restriction for piping plover from April 1 through September 1 beginning 1,000 meters (m) east of Beach 19th Street to 1,000 m west of Beach 70th Street. Pre-construction surveys will be undertaken to determine the presence of plovers in the remainder of the project area. If located, their breeding areas will be protected and no construction activities will occur within 1,000 m of the delineated breeding area and the Corps will undertake all practicable measures to avoid incidental taking of the species.

1.2 Breeding areas will be delineated by a qualified biologist on the basis of behavioral observations regarding territorial, courtship, nest building, egg-laying and brood rearing behaviors.

1.3 In the event of project delays due to bad weather or equipment failure, the Corps indicated they may have to work inside either end of the restriction window. In the event that occurs, construction activities will avoid all delineated locations of the species by maintaining a 1,000-m buffer (D. Mazey, USACE, email correspondence dated October 24, 2018) during the plover breeding season and will undertake all practicable measures to avoid incidental taking of the species.

1.4 The Corps will conduct or coordinate with existing land managers to conduct pre-, concurrent, and post-construction piping plover surveys in the project area. In the area from Beach 19th Street to Beach 70th Street the Corps will either obtain survey data from the New York City Department of Parks and Recreation (NYCDPR) or conduct the surveys via a qualified monitor. The Corps will coordinate with the land managers (NYCDPR) regarding funding/staff to undertake this effort prior to each nourishment cycle.

Surveys will occur during the spring/summer and prior to construction activities. Surveys will identify nesting plovers in the project area, document all known locations of plovers, and document any other federal- or state-listed wildlife species observed in the project area. The Corps will initiate consultation with the appropriate federal and state agencies as necessary.

Productivity and population surveys will be conducted each year for the life of the project. Population survey information shall include the total number of breeding pairs; the total number of piping plovers, paired and unpaired, within the action area; and detailed mapping of breeding (i.e., courtship, territorial, scrapes, egg-laying, incubating, and brood rearing) and foraging use habitats in the action area. Productivity information shall include the total number of nests, the total number of fledged chicks per pair, and quantification of take, if observed, including eggs, chicks, and adults, that occurred, including reasons for take and actions that are taken to avoid take.

Surveys will be recorded and summarized, and plover locations would be recorded on maps, indicating areas surveyed and habitat types. Daily reports shall be furnished to the Service and shall include the following:

- date;

- time begin/end;

- weather conditions;

- tidal stage;

- area of coverage;

- ownership of site;

- number of adults observed;

- number of pairs observed;

- habitat type;

- nearest known plover occurrence;

- banded plovers;

- predator trail indices and identification of predators;

- geographical position system (GPS) coordinates of symbolic fencing, and nest, brood, and adult foraging locations;

- location of nearest vehicle cuts; and

- reports of disturbance factors such as pedestrians, off-road vehicles

(ORV), or fireworks.

Prior to implementation of the monitoring program, the Corps will consult with, and obtain agreement from, the Service on the methodology.

Surveys would be conducted daily with observations evenly distributed over a minimum time period (to be determined). Survey time periods should be conducted during daylight hours from 30 minutes after sunrise to 30 minutes before sunset and should include a wide range of tidal conditions and habitat types. Areas should be surveyed slowly and thoroughly and should not be conducted during poor weather (e.g., heavy winds greater than 25 miles-per-hour [mph], heavy rains, and severe cold), since birds might seek protected areas during these times.

1.5 The Corps will erect symbolic fencing and signs around all plover nests and brood rearing areas located in the construction area to deter human use of the area and protect sites from incidental disturbance from construction activities.

1.6 The Corps will erect interpretive signs in the project area for seabeach amaranth, piping plover, and red knot. The Corps will also coordinate with the NYCDPR so as to support their endeavors to educate residents, landowners, beach visitors, and beach managers on piping plover.

1.7 The Corps will seek to minimize the loss of interdunal habitat on the ocean beach south of Beach 19th Street as much as possible. Further, the Corps will, in coordination with the Service, restore any of this lost habitat through the grading of this area to mimic pre-construction conditions.

1.8 In order to address the potential loss/degradation of piping plover breeding habitat, the Corps will conduct annual inspections of shoreline changes and downdrift erosion, groins, and composite seawall burial to assess project integrity and potential need to adjust the re-nourishment cycle and/or remedial actions. Additionally, pre-construction surveys of beach profiles will be conducted prior to renourishment.

1.9 The shorefront design is intended to balance the Atlantic Shorefront sediment transport such that erosion is reduced to minimize losses of sand from storms and seasonal variability. Should the project over time cause unintended persistent change in the shoreline position landward (i.e., create an erosional hotspot which reduces critical nesting habitat for plovers) at the plover nesting area between Beach 49th Street and Beach 60th Street, exceeding normal variability, then the Corps will take action to remediate the problem.

1.10 The Corps will reinitiate consultation with the Service to identify mutually agreed-upon acceptable protective measures should any changes to the project or species elicit a trigger to support such reinitiation as provided in 50 CFR part 402.16.

2. Red Knot Avoidance and Minimization Measures

2.1 On the Atlantic shorefront, the Corps will use the plover TOY restriction (April 1 to September 1), which will overlap with a portion of the red knot migration season (April 1 to November 30). From September 2 through November 20, the Corps will monitor construction activities and no work would occur within 300 m of any red knots (Mazey 2018, pers comm.).

2.2 The Corps will support the NYCDPR’s pre- and post-construction surveys of the Project area to determine the presence of red knot.

2.3 The Corps will restrict construction activities within areas of known red knot populations.

2.4 The Corps will support the NYCDPR’s education of residents, landowners, beach visitors, and beach managers.

2.5 The Corps will check for historical records of red knots at the Mid-Rockaway NNBF locations and will undertake spring and fall surveys at Mid-Rockaway NNBF locations to determine red knot presence during migration. The Corps will coordinate with the Service to develop a survey protocol (Mazey 2018, pers.

comm.).

2.6 At Mid-Rockaway NNBF locations where red knot usage has been established, the Corps will enact a TOY restriction, which would preclude NNBF work from occurring from mid-May through early June and from late-July through November. NNBF work in areas where red knots are not detected would occur without a TOY restriction, but red knot monitoring would occur at the start of construction and periodically during construction. All other work associated with HFFRRFs would occur without a TOY restriction and without monitoring (Mazey 2018, pers. comm.).

2.7 The Corps will avoid activities likely to impact horseshoe crabs by potentially entrapping, entangling, or blocking adults; entraining larvae; interfering with spawning; or disturbing spawning habitat.

3. Seabeach Amaranth Avoidance and Minimization Measures

3.1 The Corps will coordinate with the NYCDPR and, as necessary, will either provide funding for, or supplement, surveys prior to and post construction, to identify seabeach amaranth in the project area and to document all known locations of the species.

3.2 Construction activities will avoid all delineated locations of the plant and the Corps will undertake all practicable measures to avoid incidental taking of the plant

3.3 A TOY no-dredge/work restriction for seabeach amaranth will be from June 1 through November 1, when the presence of this species within an area of potential effect (i.e., where plants have been established) is confirmed.

3.4 The Corps will erect symbolic fence and signs around all seabeach amaranth plants located in the construction area to deter use of the area and to protect plants.

3.5 For individual plants whose destruction could not be avoided, the Corps will ensure that: seed collection or transplants will be attempted as a means of mitigating potential loss; and seeds from plants to be translocated may be harvested prior to plants being moved.

With input from the Service and species experts, all or a portion of the seeds may be:

(a) immediately transferred to an area of suitable habitat elsewhere within the project area;

(b) stored under controlled conditions to be later replanted in the project area; or

(c) sent to a qualified greenhouse for germination and eventual replanting of germinated plants or propagated seeds in suitable habitats elsewhere in the project area.

If no seeds are collected on-site, then a portion of the transplanted plants may be sent to a qualified greenhouse and propagated to produce seeds or plants for the purposes listed above.

If translocation or seed collection are not viable options, or have proven ineffective, construction that would destroy live plants will be postponed, if possible, until individual plants in the construction footprint naturally die.

Whether or not construction can be postponed until the death of plants in the construction footprint, the Corps will endeavor to salvage and transfer the seedbank of such plants to the extent practicable. Within a 3 m radius of each plant or group of plants (alive or recently alive), the top layer of sand substrate will be “scraped” and then re-spread on a suitable habitat in the project area.

3.6 The Corps will install interpretive signs for seabeach amaranth and will coordinate with the NYCDPR so as to support their endeavors to educate residents, landowners, beach visitors and beach managers on seabeach amaranth.

II. ACTION AREA

A. Description of the Action Area

The “action area” is defined as all areas to be affected directly, or indirectly, by the federal action, and not merely the immediate areas involved in the action. Action areas for each of the species have been defined below.

The action area on the oceanside stretches from Beach 9th Street to Beach 184th Street (Figure

16) for a total of 8.3 mi. Between Beach 19th Street and Beach 67th Street and at Fort Tilden, piping plover and seabeach amaranth occurrences are concentrated due to management activities. In the case of piping plover, individual occurrences have been reported outside these concentration areas where records show individual birds during the breeding and migration seasons. Known occurrences for red knot on the ocean beach portion of the project area are from eBird.org (Cornell Lab of Ornithology). These are somewhat limited in scope, but it is reasonable to expect the species is present along the ocean beach as it contains suitable foraging and roosting habitats for the species.

For much of this area, dense residential, commercial and infrastructure development generally extends to the ocean beach, except at Jacob Riis Park and Arverne by the Sea. A municipally-owned boardwalk runs immediately north of the beach from Beach 9th Street to Beach 126th Street, encompassing the entirety of the eastern portion of the action area.

The action area also includes bayside habitat for red knot. While many bayside areas of the Rockaway Peninsula have been hardened, red knot foraging and sheltering habitats are still present in the form of fringing saltmarsh and unvegetated intertidal areas. These habitats are adjacent to hardened and unhardened (i.e., around Dubos Point and Brant Point) shoreline areas.

All lengths of shoreline with these habitats present within 500 m of proposed Mid-Rockaway

The Service believes the following reasonable and prudent measures are necessary and appropriate to minimize take of piping plover and red knot:

1. Reduce adverse effects to piping plover and red knot from construction and maintenance of composite seawall/dune, dune grass planting, sand fence installation, artificial beach, groin construction, and HFFRRF and NNBF projects;

2. Monitor pre-, concurrent, and post-habitat conditions in the action area;

3. Monitor implementation of avoidance and minimization measures and report to our office. (50 CFR 402.14[i][3]) requires federal agency or applicant to report the progress of the action and its impact on the species to the Service as specified in the incidental take statement.);

4. Ensure that all project engineers, contractors, and construction staff are fully informed of and compliant with all conservation measures contained in the project description, RPMs, and terms and conditions; and

5. Ensure that NYCDPR, state, and Service field staff have continued access to all portions of the project area necessary to carry out the endangered species management over the life of the project.

XVI. TERMS AND CONDITIONS

In order to be exempt from the prohibitions of section 9 of the Act, the Corps must comply with the following terms and conditions, which implement the reasonable and prudent measures described above and outline required reporting/monitoring requirements. These terms and conditions are non-discretionary and apply to the piping plover and red knot.

1. Terms and Conditions for Reasonable and Prudent Measure 1 (Reduce adverse effects from construction and maintenance of composite seawall/dune, dune grass planting, sand fence installation, artificial beach, groin construction, and HFFRRF and NNBF projects):

1.1 The Corps shall provide maps and drawings to the Service, showing the extent of the work zones and all access routes for the first element of construction at least 30 days prior to initial construction. Subsequent construction phase work zones and access route maps will also be provided 30 days prior to construction.

1.2 The Corps shall remove any construction material or equipment staged or stored within delineated breeding areas between Beach 19th Street and Beach 67th

Street (or other known breeding areas based on LICWS data and areas where plovers exhibit territorial, courtship, nesting, and brood-rearing activities) by April 1 of any given year over the life of the project and pre-migration staging areas.

1.3 During construction, the Corps shall work with the NYCDPR and the NPS to ensure that plover breeding habitat from Beach 19th Street to Beach 67th Street, and 500 m from breeding areas in Jacob Riis and Fort Tilden Parks is protected during construction activities from April 1 to September 1 with symbolic fencing, signs, etc.

1.4 If construction occurs during the piping plover season, the Corps shall establish no construction activity zones from Beach 14th Street to Beach 74th Street (this includes a 500-m buffer for protection of breeding adults early in the season), and 500 m on either side of the western end of the western taper by April 1 of any given year. To protect plover chicks, this buffer shall be increased to 1,000 m one week before the first nest is scheduled to hatch.

Should pre-and during-project monitoring (discussed below) establish plover presence extending either west of Beach 67th Street or east of Beach 169th Street, then the Corps shall extend the buffer area from the new location of the plover breeding area to maintain the 500-m buffer.

1.5 If construction on the Oceanside occurs during the red knot migration season (April 1 through November 30), the Corps shall undertake pre-construction and concurrent construction surveys (discussed below). A minimum 500-m buffer shall be used to protect the species from direct disturbance. For the bayside Mid- Rockaway Arverne and Edgemere HFFRRFs, the Corps shall monitor construction activities from May 1 through November 30 and implement a 500-m buffer around red knots observed for at least fifteen minutes.

1.6 The Corps shall conduct renourishment, repair, construction and maintenance of the composite seawall, walkover, vehicle access points, groins, and other structures using a 500-m buffer until one week before the first nest hatches. A 500-m buffer should be used from migrating, staging, or other nonbreeding plovers after September 1, and from red knots at all times. Exposed composite seawall or groin rocks above spring hide tide must be covered between Beach 9th Street and Beach 82nd Street prior to April 1 of any given year over the life of the project.

1.7 A vegetation planting plan for the artificial dune shall be coordinated with and approved by the Service. At a minimum, it shall incorporate a mix of native dune plant species (no woody vegetation) and not be limited to a single grass species.

Plantings should be made in a random manner and not rows with uniform spacing. The plantings should mimic natural dune vegetation in the region in species diversity, density, and spacing. The dune planting plan shall be completed and approved 3 months prior to initial construction.

1.8 The beach placement areas shall be finished to the same backshore and foreshore slopes as the surrounding natural or design beach profiles depending on location.

The area shall be graded at a gentle uniform slope with no piles, ridges, or holes left in the final graded beach placement materials.

1.9 If there are no breeding or chick foraging activities by July 15 in either of the two plover breeding areas or within the buffer zones, then work may proceed in those areas provided a 500-m buffer is maintained to protect nonbreeding plovers and red knots, and post fledge plovers.

1.10 The Corps shall work with the NYCDPR and the NPS to ensure that all suitable piping plover breeding habitat with a recent history (last five years) of plover breeding is protected by April 1 of each year to address the adverse effects associated with the expected increase in recreation.

2. Terms and Conditions for Reasonable and Prudent Measures 2 and 3 - MONITORING (50 CFR 402.14[i][3] requires federal agency or applicant to report the progress of the action and its impact on the species to the Service as specified in the incidental take statement.)

2.1 The Corps shall develop and implement pre-, concurrent, and post-construction monitoring plans for piping plover and red knot and their habitats with guidance and approval from the Service. This shall be completed and submitted to the Service 3 months before initial construction for approval. The basic elements of the monitoring plan shall include transect locations, frequency of monitoring, habitat type, construction activities that are present less than and greater than 500 m, time of day, tidal phase, etc.

2.2 The Corps shall document the topography, area, and habitat characteristics of the

3.5 ac of dune/ephemeral pool habitat present south of Beach 19th Street to determine whether it meets the Corps’ project design profile. If so, construction in the dune and ephemeral pool habitats shall be avoided. Heavy equipment shall avoid the ephemeral pool areas to prevent any compaction of the sediment and crushing of the invertebrate fauna that are the prey base of these species. If habitat loss is unavoidable, then the Corps shall develop a restoration and implementation plan, in coordination with the Service, 3 months prior to initial construction.

2.3 As part of the Corps Inspection of Completed Works Program and the local sponsor’s OMRR&R responsibilities, the Corps shall annually monitor the beach placement areas, beach profiles, composite seawalls, and new/modified groins to identify any erosion hotspots or areas where the project is not performing as intended to better inform any possible needed changes to the renourishment cycles. Any sandfill used for associated remedial actions shall be same sand grain size, percent composition, and sorting coefficient as the existing, naturally-occurring substrate in the project area.

2.4 The Corps shall devise an early successional beach habitat restoration plan for the berm habitat between Beach 9th and Beach 82nd in coordination with the Service. The plan shall be finalized 3 months prior to initial construction of the project. Ten percent vegetation coverage shall be the target vegetation density with a threshold action of 17 percent coverage for planning purposes between Beach 9th Street and Beach 82nd Street, so as to keep this in an early successional habitat stage, as this is within the zone of potential chick movement.

2.5 The Corps shall assess the potential for, or actual, erosion associated with hard structures (e.g., groins and rock sills) between Beach 49th Street to 82nd Street, and at Jacob Riis and Fort Tilden Parks that may impact plover habitat, and throughout the ocean and bayside shoreline for red knots as the final designs are developed.

Concurrently, develop a remedial action plan through further coordination with the Service for erosion that causes a loss of breeding, foraging, or roosting habitat. The plan shall be completed 3 months prior to initial construction.

2.6 The Corps shall undertake monitoring of wrack and wrack invertebrates in the intertidal zone, and berm based on a sampling program that has been devised in consultation with, and agreed to, by the Service prior to its implementation. The information collected during this monitoring program shall be used to adaptively manage the operation and maintenance phases of the project to further avoid and minimize take. The monitoring plan should include, but not be limited to, the response of the wrack and wrack invertebrates during and after sand placement within breeding and pre-migration staging, and foraging areas, including such information as estimates of total recovery time, recovery rates, abundance, biomass, diversity, and composition of prey items, and spatial coverage of wrack. The plan shall be finalized 3 months prior to initial construction of the project.

2.7 The Corps shall develop a biological monitoring program for the action area, to be approved by the Service, in coordination with the NYCDPR and the NPS, and implemented by the Service or Service-approved entity to address the impacts of the dune, berm, composite seawall, and groin construction on plover and red knot biology and ecology. The monitoring program shall span the pre-initial construction, initial construction, and a determined period of the renourishment phases of the project. The monitoring program shall evaluate red knot and plover population and behavioral responses to habitat changes in the action area, such as avoiding existing foraging, roosting, or breeding areas, as a whole, or as in the case of plovers, any shifts in the species distribution relative to the hard and soft shoreline protection structures. The plan shall be finalized 3 months prior to initiation of the biological monitoring plan.

2.8 By April 1 of each year, the Corps shall monitor and ensure that the subaerial extent (from spring hide tide to the base of the dune) of the proposed and extended groins are covered following initial construction and then during the maintenance phases of the project to minimize habitat fragmentation and ensure plover chicks are able to traverse nesting and foraging areas. (A monitoring component to evaluate species habitat use relative to the new groins shall be made part of the biological monitoring plan requirements).

2.9 Between Beach 16th Street and Beach 82nd Street, the Corps shall reduce the potential of plover chicks or eggs from falling or getting trapped in crevices of the composite seawall and shall reduce potential of garbage collecting in crevices thus attracting predators.

2.10 To reduce the anticipated level of take due to increases in disturbances from recreational activities, the Corps shall, in coordination with the NYCDPR and the NPS, ensure the full implementation of the Service’s “Guidelines for Managing Piping Plovers on Recreational Beach in Order to Avoid Take Under the Endangered Species Act” (found in USFWS 1996a) in the project area, including working with the NYCDPR and the NPS to ensure implementation and enforcement of plover management activities over the life of the project.

2.11 The Corps shall work with the NYCDPR and the NPS, in coordination with the Service, in developing a predator management plan for the action area where predators of piping plovers are identified, management objectives designed and implemented, and results are documented.

2.12 As the project involves nighttime construction activities and no night time monitoring is proposed, all construction personnel and the Service shall be provided a daily report at the end of each day providing the location of all breeding activities, including territories, courtship areas, nest building areas, nest sites and chick rearing areas. All lights shall be directed away from these areas.

2.13 The Corps shall undertake monitoring of physical beach parameters that requires the use of “sleds” or other beach equipment outside of the plover breeding season (April 1 to September 1) or not within 500 m of breeding adults or 1,000 m of chicks. When undertaking this work, a 500-m buffer should be used from migrating, staging, or other nonbreeding plovers whenever encountered. The 500-m buffer shall be applied to red knots from April 1 through November 30 on both the ocean- and bay-side action areas.

2.14 Report the extent of direct incidental take of piping plover and red knot to the Service within 30 days of completing construction activities related to the composite seawall and dune, new groins or groin extensions, beachfill, renourishment, HFFRRFs, or NNBFs. Through the Endangered Species Management Program, document annually the extent of observed indirect incidental take of piping plovers from recreational activities and beach management practices. In the event of take, a system of notification shall be implemented following the guidelines:

(a) Exercise care in handling any specimens of dead piping plover adults, young, or non-viable eggs and adult red knot to preserve biological material in the best possible state. In conjunction with the preservation of any specimens, the finder is responsible for ensuring that evidence intrinsic to determining the cause of death of the specimen is not unnecessarily disturbed. Finding dead or non-viable specimens does not imply enforcement proceedings pursuant to the Act. Reporting dead specimens is required for the Service to determine if take is reached or exceeded and to ensure that the terms and conditions are appropriate and effective.

(b) Upon locating a dead piping plover or red knot, initial notification shall be made to the following Service’s Law Enforcement office:

Resident Agent in Charge

USFWS

Office of Law Enforcement 70 East Sunrise Highway, Suite 419 Valley Stream, NY 11581 516-825-3950 and

USFWS

Long Island Field Office 340 Smith Road Shirley, NY 11967 631-286-0485

3. Terms and Conditions for Reasonable and Prudent Measure 4 (Ensure construction contractors informed of all conservation measures)

3.1. A construction field meeting will be held on or before March 1 and should include the local cost sharing sponsors, a representative from the Corps, Service, the qualified monitors, and the construction crew to provide all information on avoidance and minimization measures and reasonable and prudent measures that must be implemented. A checklist shall be provided to ensure that all conservation measures are followed.

The Corps shall provide oversight and coordination with all project engineers, contractors, and construction staff to inform and provide to them all conservation measures contained in the project description, RPMs, and terms and conditions to ensure full compliance.

All on site personnel shall be required to participate in a mandatory piping plover and seabeach amaranth training session prior to April 1 (provided and conducted by the Service or an approved Service representative). Any individuals without this training shall not be permitted on site. All costs of this training will be the responsibility of the Corps or the contractor.

4. Terms and Conditions for Reasonable and Prudent Measure 5 (Ensure that NYCDPR, state, and Service field staff have continued access to all portions of the project area necessary to carry out the endangered species management over the life of the project)

4.1 The Corps shall ensure the NYCDPR, the NYSDEC, the Service, and the NPS have continued access to all portions of the project area necessary to carry out endangered species management over the life of the project.

XVII.CONSERVATION RECOMMENDATIONS

Section 7(a)(1) of the Act directs federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information.

A. Piping Plover

1. The Corps should identify areas on Long Island within their Civil Works program where natural process can form bay to overwash habitat and promote optimal plover habitat formation. The focus should be on areas outside of sites that already provide opportunities for these types of habitat development.

2. The Corps should identify mechanisms to contribute to plover protection measures, either by providing equipment, personnel, or funds, to local land managers within areas affected by their Civil Works projects.

3. The Corps should work with the Service, state, local municipalities, and nongovernmental organizations to develop an outreach program to promote the recovery of piping plover.

B. Red Knot

1. The Corps should avoid dredging submerged and emergent shoals to preserve beach dynamics and shorebird habitat on the bayside.

2. The Corps should avoid or reduce damage to wrack during project construction by requiring that vehicles drive above or below the primary wrackline.

3. The Corps should coordinate with the NYCDPR to protect wrack by ceasing or reducing wrack removal during beach-cleaning activities.

4. The Corps should incorporate provisions prohibiting introduction of (and requiring removal of existing) invasive plant species that degrade beach and dune habitats.

5. The Corps should coordinate with the NPS and the NYCDPR to place symbolic fencing around or otherwise protect roosting and staging areas during the time of year when red knots are present.

6. The Corps should coordinate with the NYCDPR to reduce disturbance by prohibiting dogs on the beach during the time of year when red knots are present.

C. Seabeach Amaranth

1. Both the NYCDPR and the NPS currently conduct surveys and erect symbolic fencing and signage to protect seabeach amaranth. Additionally, these agencies manage several state-listed shorebirds, including the common tern, least tern, and black skimmer along the ocean beach shoreline within the action area. In order to avoid duplicative efforts and minimize the potential to disturb nesting shorebirds during seabeach amaranth surveys, the Corps should coordinate with the NYCDPR and the NPS prior to implementing any surveys or installation of fencing within the action area.

XVIII. REINITIATION NOTICE

This concludes formal consultation on the action outlined in the request. As provided in 50 CFR 402.16, reinitiation of formal consultation is required where discretionary federal agency involvement or control over the action has been retained (or is authorized by law) and if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this Opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this Opinion; or (4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation.

DOCUMENT 00 90 10 Page 2

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 FAR 52.211-10, COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

a. The Contractor shall be required to (i) commence work under this contract within five (5) calendar days after the date the Contractor receives the Notice to Proceed, (ii) prosecute the work diligently, and

(iii) complete the entire work ready for use, not later than 1,460 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. (FAR 52.212-3)

b. All work shall be in accordance with the drawings and specifications or instructions attached hereto and made a part thereof, or to be furnished hereafter by the Contracting Officer and subject, in every detail, to his supervision, direction, and instructions.

1.2 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. Submittals with an "S" are for inclusion in the Sustainability eNotebook, in conformance with Section 01 33 29 SUSTAINABILITY REPORTING. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals Salvage Plan; G RO

1.3 WORK COVERED BY CONTRACT DOCUMENTS

1.3.1 Project Description

Work for this contract between B149th Street and B32nd Street consists of fourteen new stone groins, and rehabilitation and extensions of five existing stone groins. Work in the West groin field is between B92nd St.and B149th St.; it consists of construction of 12 new stone groins and rehabilitation of the existing stone groin at B149th Street. Work in the East groin field is between B32nd St. to B52nd St.; it consists of two new stone groins and rehabilitation of four existing groins.

Groins will be constructed of quarried stone, consisting of bedding stone, core stone and armor stone. Groin types and sizes can be found in Section 35 31 29.40. Existing timber groins at proposed W2 and W11 groin locations must be removed or cut below the entirety of the proposed groin footprints.

The existing timber groins consist of timber piles, timber wales and timber sheet piles, and are approximately 250ft. - 300ft. in length. The existing timber groins must be removed/cut and disposed of properly.

SECTION 01 11 00 Page 1

1.3.2 DFARS 236.204, DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS

This project is estimated between $100,000,000 and $250,000,000.

1.3.3 Location

The work is located in Rockaway, Queens County, New York along an approximately 2.0 mile stretch of the Atlantic Ocean shoreline extending from B52nd Street east to B9th Street, and along an approximately 4.0 mile stretch of the Atlantic Ocean shoreline extending from B149th St to B92nd Street. The exact location will be shown by the Contracting Officer.

1.4 EXISTING WORK

In addition to FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements:

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work must be in a condition equal to or better than that which existed before new work started.

1.4.1 AUTHORIZED CONSTRUCTION AREA AND TRESPASSING

Do not inflict damage upon land and properties outside the authorized construction area by unwarranted entry upon, passage through, damage to, or disposal of, material on such land or property. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, land or facilities outside the contract area. If such an agreement is made, it must be in writing and a copy shall be provided to the Contracting Officer. The Contractor must hold and save the Government, its officers, and agents free from liability arising from trespassing or damage occasioned by his operations.

1.5 LOCATION OF UNDERGROUND UTILITIES

Obtain digging permits prior to start of excavation, and comply with Installation requirements for locating and marking underground utilities.

Contact local utility locating service a minimum of 48 hours prior to excavating, to mark utilities, and within sufficient time required if work occurs on a Monday or after a Holiday. Verify existing utility locations indicated on contract drawings, within area of work.

Identify and mark all other utilities not managed and located by the local utility companies. Scan the construction site with Ground Penetrating Radar (GPR), electromagnetic, or sonic equipment, and mark the surface of the ground or paved surface where existing underground utilities are discovered. Verify the elevations of existing piping, utilities,and any type of underground or encased obstruction not indicated, or specified to be removed, that is indicated or discovered during scanning, in locations to be traversed by piping, ducts, and other work to be conducted or installed.

SECTION 01 11 00 Page 2

1.5.1 Notification Prior to Excavation

Notify the Contracting Officer at least 15 days prior to starting excavation work.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

SECTION 01 11 00 Page 3

SECTION 01 11 35

AIR EMISSIONS REQUIREMENTS

PART 1 GENERAL

1.1 BACKGROUND

The Contractor shall comply with the air emissions requirements of this section which are intended to ensure compliance with the Federal Clean Air Act.

1.2 PRE-OPERATIONAL PLANNING AND REPORTING

The Contractor shall retain an independent firm having a minimum of 3 years of experience in calculating air emissions for equipment in the utility, process, construction or manufacturing industries to assist the Contractor in fulfilling the requirements of this section.

The Contractor shall submit the Project Air Emissions Calculator information within 30 calendar days of…