Amendment_0005_Hot_Spots_16B0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Beach Erosion Control and Hurricane Protection Project, Miami-Dade County, Florida, Beach Renourishment 2016, Miami Beach - Hot Spots

Please see continuation sheet for summary of changes.

The Receipt of Bids due date is changed from 07 June 2016 @ 2:00 PM to 10 June 2016 @ 2:00 PM

All other conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912EP-16-B-0001

X 9B. DATED (SEE ITEM 11)

25-Feb-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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 you 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Jun-2016

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SF 30 CONTINUATION SHEET

Beach Erosion Control and Hurricane Protection Project, Miami-Dade County, Florida, Beach Renourishment 2016, Miami Beach - Hotspots

W912EP-16-B-0001 2 Am0005

CHANGES TO THE SPECIFICATIONS: The following are changes to the specifications. Specifications should be adequately marked or annotated to indicate that they have been changed

SECTION 01 11 00 – SUMMARY OF WORK: Delete Section 01 11 00 and replace it with the attached Section 01 11 00.

SECTION 01 57 20 – ENVIRONMENTAL PROTECTION: Delete Section 01 57 20 and replace it with the attached Section 01 57 20.

SECTION 35 30 00 – BEACH FILL: Delete Section 35 30 00 and replace it with the attached Section 35 30 00.

DRAWINGS: W912EP-16-B-0001 Plans dated 2016 in 7 Sheets + Cover:

There are no changes to the drawings.

--END OF AMENDMENT 0005 CHANGES --

BECHPP, MIAMI-DADE COUNTY, FLORIDA, BEACH

RENOURISHMENT 2016, MIAMI BEACH - HOTSPOTS

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.3 WORK COVERED BY CONTRACT DOCUMENTS

1.3.1 Project Description

1.3.2 Location

1.3.3 Safety Requirements

1.3.4 Work Restrictions

1.3.4.1 Delivery of material

1.3.4.2 Work on the Beach

1.3.4.3 46th Street Hotspot and Staging/Access area

1.4 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

1.5 LIQUIDATED DAMAGES - CONSTRUCTION

1.6 PHYSICAL DATA

1.6.1 Weather, Water Stage and Tide Data

1.6.2 Contractor Investigation

1.6.3 Surveys

1.7 LAYOUT OF WORK

1.7.1 Established Project Control

1.7.2 Layout

1.7.3 Survey

1.8 DAMAGE TO WORK

1.9 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)

1.9.1 Schedule of Monthly Anticipated Adverse Weather Delays

1.9.2 Contractor Responsibility

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

-- End of Section Table of Contents --

SECTION 01 11 00 Page 1 W912EP-16-B-000 Am0005

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

Survey Number 15-145 Electronic Survey Files Provided for Beach Survey

EM 385-1-1 Safety and Health Requirements Manual

1.2 DEFINITIONS

a. "Adverse weather" occurs when atmospheric conditions at a definite time and place that are unfavorable to construction activities and is based on climatological and meteorological observations and data sources provided in Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA.

b. "Unusually severe weather" is weather that is more severe than the adverse weather anticipated by the Contractor for the season or location involved. Adverse weather delays are considered unusually severe weather if adverse weather delay days prevent work for 50 percent or more of the Contractor's scheduled work day.

1.3 WORK COVERED BY CONTRACT DOCUMENTS

1.3.1 Project Description

This project will renourish critically eroded shoreline at the Miami Beach Hotspots located at approximately 55th Street and 46th Street in Miami Beach between Florida Department of Environmental Protection (FDEP) Range Monuments R-49.5 to R-50.5 and R-53.7 to R-55.5 respectively. The project beach has a maximum berm elevation of +6.6 feet, NAVD88, and a minimum berm elevation no less than +6.1 feet, NAVD88. The width of the restored beach is 230 feet measured perpendicular to the Erosion Control Line (ECL) as shown on the drawings. The sand source for the project will be an upland source, and material will be truck hauled to the project location. The upland source will be selected by the Contractor meeting criteria required in Section 35 30 00 BEACH FILL. Upland sand sources which have met criteria specified in 35 30 00 BEACH FILL can be found within the authorized Limited Revaluation Report located at the following web address:

(http://www.saj.usace.army.mil/About/DivisionsOffices/Planning /EnvironmentalBranch/EnvironmentalDocuments.aspx). Project work also includes vibration control and monitoring, environmental species monitoring, turbidity monitoring and Contracting Officer's field office.

SECTION 01 11 00 Page 2

1.3.2 Location

The work is located between Bakers Haulover and Government Cut in Miami-Dade County, Florida.

1.3.3 Safety Requirements

See Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS and EM 385-1-1.

1.3.4 Work Restrictions

Work will be permitted 7 days per week. Absolutely no work will be permitted at the staging and access areas from 11:00 pm until 6:00am. The contractor shall only use the access at the 46th Street and 55th Street respectively for placement at that location. No vehicles will be permitted to transit or operate on the beach between the 46th Street and 55th Street placement areas. Any additional access or stages needed by the by the Contractor will be acquired by the Contractor at their expense with Contracting Officer approval. Any additional access or staging areas needed by the Contractor will need to be approved by the Contracting Officer and coordinated with the City of Miami at the Contractor's expense.

The Contractor shall not operate or store equipment beyond the limits of construction shown on the drawings. A 15 foot wide emergency vehicle lane on the beach must be maintained at all times for the duration of the contract.

1.3.4.1 Delivery of material

Delivery of the material from the Contractor's selected source to the designated staging and access areas shown on the drawings will be permitted between the hours of 6:00 am to 11:00 pm.

1.3.4.2 Work on the Beach

No work shall be performed seaward of the Erosion Control Line (ECL) prior to sunrise or after sunset. Sunrise and sunset will vary depending on the time of year; however, no work will be permitted prior to 7:00am or after 7:00pm should the sun rise before 7:00am and/or the sun set after 7:00pm.

1.3.4.3 46th Street Hotspot and Staging/Access area

All work at the 46th street hotspot shall be complete by November 9, 2016 to allow room for various local activities that will occur within this area at that time. This includes demobilization of all equipment from this placement location and staging area and any post construction restoration which may be required to the staging and/or access area as required in Section 01 50 02 TEMPORARY CONSTRUCTION FACILITIES. The Contractor will not be permitted to return to place any additional material should the full template not be completed prior to this date.

1.4 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

a. Read this paragraph in conjunction with the Clause COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) of Section 00700 CONTRACT CLAUSES in Volume 1.

b. In addition to the above, the following shall apply: The time for completion does not include establishment of coastal vegetation.

Vegetation shall be established not later than the time stated in the

SECTION 01 11 00 Page 3

Clause COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) of Section 00700 CONTRACT CLAUSES in Volume 1 plus the time stated for the establishment of vegetation. See paragraph ORDER OF WORK of Section 32 93 00 COASTAL VEGETATION PLANTING.

1.5 LIQUIDATED DAMAGES - CONSTRUCTION

Refer to the Clause LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.6 PHYSICAL DATA

Read this paragraph in conjunction with the Clause PHYSICAL DATA (FAR 52.236-4) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.6.1 Weather, Water Stage and Tide Data

See Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA for applicable data links and information to where the Contractor can ascertain the weather conditions that could be encountered at the project location. The information provided does not preclude the Contractor from assessing and scheduling for adverse weather.

1.6.2 Contractor Investigation

Refer to the Clause SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (FAR 52.236-3) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.6.3 Surveys

Survey Number 15-145 indicated in paragraph REFERENCES above are provided as separate electronic files.

1.7 LAYOUT OF WORK

Read this paragraph in conjunction with the Clause LAYOUT OF WORK (FAR 52.236-17) of Section 00700 CONTRACT CLAUSES in Volume 1.

1.7.1 Established Project Control

The Government has established monuments along the work site(s). Each monument is represented in the contract drawings by a Designation and in most cases, an alphanumeric Permanent Identifier (PID). Information concerning the location and elevations can be found within the Survey Notes on the plan sheets. The Survey Notes for each included field survey will cite a particular survey number, and specify the control used to conduct that survey. Additional information is included in the Survey Notes that must be duplicated if an attempt to recreate the subject survey is desired.

For navigation channels, the Government has established tidal calibration sites for projects constructed and maintained to a tidal datum. Each tidal calibration site is represented in the plan sheet drawings by Station ID, and is cited in the Survey Notes. All projects constructed and maintained to a tidal datum shall be calibrated to the Station ID specified in the plan sheet drawings. Information regarding the location and associated benchmarks of the referenced Station ID is included in the Monument Description section of these specifications.

See Section 00 31 21 CONTROL MONUMENT DESCRIPTIONS.

SECTION 01 11 00 Page 4

1.7.2 Layout

From the monuments, control data and elevations established by the Government, the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

1.7.3 Survey

The Contractor shall furnish, at his own expense, such stakes, templates, platforms, equipment, tools and material, and all labor as may be required in laying out any part of the work from the monuments, control data and elevations established by the Government. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Contracting Officer until authorized to remove them, and if such marks are destroyed by the Contractor or through his negligence, prior to their authorized removal, they may be replaced by the Contracting Officer, at his discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

1.8 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1. However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to Clause CHANGES of Section 00700 CONTRACT CLAUSES in Volume 1 will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

1.9 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)

This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the Clause DEFAULT (FIXED-PRICE CONSTRUCTION) of Section 00700 CONTRACT CLAUSES in Volume 1. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than

SECTION 01 11 00 Page 5 the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

1.9.1 Schedule of Monthly Anticipated Adverse Weather Delays

The schedule of monthly anticipated adverse weather delays is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

See Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA. A reasonable number of anticipated weather delay work days is obtained from the average number of days per month with precipitation greater than that indicated in Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA rounded to the nearest whole number.

1.9.2 Contractor Responsibility

The project area may be affected by stormy, windy and/or rainy weather, including thunderstorms, during any time of the year. The Contractor shall be responsible for obtaining information concerning rain, wind and wave conditions that could influence safety, hauling and placement operations prior to submitting a proposal or bid. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all-weather dependent activities. A list of potential sources providing climatological and meteorological observations and data for the project area is provided.

a. Contractor shall research the project site conditions and incorporate potential adverse weather delays into their schedule prior to submitting a proposal or bid. The Contractor shall develop a schedule of monthly anticipated adverse weather based on the equipment to be used to complete the project and determine the conditions that would cause them to cease operations using the sources provided in Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

b. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report the occurrence of adverse weather and unusually severe weather with the purpose to note impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's schedule to be considered "unusually severe weather".

c. The number of actual adverse weather delay days shall include days impacted by actual adverse weather, be calculated chronologically from the first to the last day of each month, and be recorded as full days.

If the number of actual adverse weather delay days exceeds the number of days anticipated for adverse weather by the Contractor, the Contracting Officer may convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days that should have been anticipated for the conditions at the project location.

SECTION 01 11 00 Page 6

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

-- End of Section --

SECTION 01 11 00 Page 7

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

1.2.2 NEPA Compliance

1.3 REFERENCES

1.4 QUALITY CONTROL

1.5 PERMITS AND AUTHORIZATIONS

1.6 SUBMITTALS

1.7 SUBCONTRACTORS

1.8 NOTIFICATION

1.9 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 Sewage-Based Systems Environmental Design and Installation

Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Contractor Facilities and Other Work Areas

3.1.2.3 Solid Wastes

3.1.2.4 Fuel, Oil, and Lubricants

3.1.2.5 Hazardous Waste

3.1.2.6 Hazardous Materials

3.1.2.7 Disposal of Other Materials

3.1.3 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.3.1 Applicable Law

3.1.3.2 Known Resources

3.1.3.3 Inadvertent Discoveries

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

3.1.4.1 Monitoring of Water Areas

3.1.4.2 Turbidity

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Sea Turtle Beach Nest Monitoring

3.1.5.2 Beach Placement Restrictions

3.1.5.3 Escarpment Monitoring and Removal

SECTION 01 57 20 Page 1

3.1.5.4 Protection of Migratory Bird Species

3.1.6 Dune Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Burning

3.1.7.3 Odors

3.1.8 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES

3.4 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.5 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

This Section covers prevention of environmental damage as the result of construction operations under this contract and for those measures set forth in other Technical Requirements of these specifications. For the purpose of this specification, environmental damage is defined as the presence of hazardous, physical, chemical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species, biological communities, or ecosystems; or degrade the quality of the environment for aesthetic, cultural, and/or historical purposes. The control of environmental damage requires consideration of land, water, and air, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants.

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

There are numerous environmental laws and regulations. At the Federal level, the applicable laws and regulations include compliance with the Clean Water Act (CWA); Clean Air Act (CAA); Coastal Zone Management Act (CZMA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Endangered Species Act (ESA); Fish and Wildlife Coordination Act (FWCA); Marine Protection, Research, and Sanctuaries Act (MPRSA);

Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA); National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA);

National Pollution Discharge Elimination System (NPDES); Research and Sanctuaries Act; Native American Graves Protection and Repatriation Act (NAGPRA); Resource Conservation and Recovery Act (RCRA); Rivers and Harbors Act (R&H); Safe Drinking Water Act (SDWA); Toxic Substance Control Act (TSCA); Wild and Scenic Rivers Act (WSRA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Marine Mammal Protection Act (MMPA); Migratory Bird Treaty Act; Code of Federal Regulations (CFRs); Executive Orders; and, Environmental Protection Agency (EPA) requirements.

1.2.2 NEPA Compliance

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

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

1.3 REFERENCES

Any publication listed below forms a part of this specification to the extent referenced. Publications are referred to in the text by basic designation only.

SECTION 01 57 20 Page 3

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 Safety and Health Requirements Manual

1.4 QUALITY CONTROL

The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily quality control reports or attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

1.5 PERMITS AND AUTHORIZATIONS

The Contractor shall comply with all requirements under the terms and conditions set out in the following permit(s) and authorization(s) obtained by the Corps of Engineers listed below.

a. Florida Department of Environmental Protection Permit No.

0233822-005-JM; Effective Date: 01/06/2011; Expiration Date:

03/24/2019; Modification No. 0233882-006-JN; Effective Date:

11/04/2014; and Modification No. 0233882-008-JN; Effective Date:

04/05/2016.

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

ftp://ftp.dep.state.fl.us/pub/ENV-PRMT/dade/issued/ 0233882_Miami_Beach_Truck_Haul/

The Contractor shall obtain and comply with the requirements of all other permits or licenses required for construction of this project in accordance with the Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1.

1.6 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall submit an Environmental Protection Plan for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, the Contractor shall furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the Contractor's plan shall not relieve the Contractor of his

SECTION 01 57 20 Page 4 responsibility for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the Contractor's plan or an interim plan covering the work to be performed. The Environmental Protection Plan shall include but not be limited to the following:

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

b. Methods for protection of features to be preserved within authorized work areas. The Contractor shall prepare a listing of methods to protect resources needing protection, i.e., trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological, and cultural resources.

c. Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations. The Contractor shall provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the environmental protection plan.

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

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

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

g. Traffic control plan.

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

i. Spill prevention. The Contractor shall specify all potentially hazardous substances to be used on the job site and intended actions to prevent accidental or intentional introduction of such materials into the air, ground, water, wetlands, or drainage areas. The plan shall specify the Contractor's provisions to be taken to meet Federal, State, and local laws and regulations regarding labeling, storage, removal, transport, and disposal of potentially hazardous substances.

j. Spill contingency plan for hazardous, toxic, or petroleum

SECTION 01 57 20 Page 5 material.

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

l. A statement as to the person who shall be responsible for implementation of the Environmental Protection Plan. The Contractor personnel responsible shall report directly to the Contractor's top management and shall have the authority to act for the Contractor in all environmental protection matters.

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

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

n. Turbidity Monitoring Plan. A statement as to the person who shall be responsible for turbidity monitoring and reporting to be performed. Method of turbidity monitoring and reporting that will be performed. The turbidity monitoring requirements of any special areas such as outstanding Florida waters.

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

SD-07 Certificates

Qualifications

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

Sea Turtle Nesting Monitor and Relocation Qualifications

Submit qualifications and permit no later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later. The Contractor shall have a FF&WCC permitted subcontractor approved by the Contracting Officer to accomplish the sea turtle monitoring and relocation (as necessary) of this section unless he demonstrates to the satisfaction of the Contracting Officer the capability to accomplish sea turtle monitoring and recovery by obtaining a permit from the FF&WCC to take turtles.

Bird Monitoring Qualifications; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor/observer. Appropriate qualifications for bird monitor/observer shall be a demonstrated ability to find and/or identify bird species, nesting behavior, SECTION 01 57 20 Page 6 eggs and nests, and habitat requirements. The Contractor shall consult with and coordinate all monitoring plans and activities with the Contracting Officer and the Project Biologist indicated in the ECM (See paragraph PERMITS AND AUTHORIZATIONS above).

SD-11 Closeout Submittals

Logs/Final Summary Report

Contractor shall submit as specified, logs and final summary report of sightings and incidents with endangered species.

Project Environmental Summary Sheet

Contractor shall submit within 30 calendar days following completion of the project, a written report of the absence or occurrence of environmental incidents. In addition, for construction activities whose anticipated duration is more than one calendar year, the Contractor shall complete a sheet each May 31st (plus/minus 14 days).

Logs/Summary of Bird Nesting Monitoring

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

Logs/Summary of Marine Turtle Nesting and Relocation

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

1.7 SUBCONTRACTORS

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

1.8 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations, permits and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension.

Additionally, the Contractor shall notify the Contracting Officer, in writing, of the absence or occurrence of environmental incidents, as required on the Project Environmental Summary Sheet, copy on the first web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below. Refer to paragraph SUBMITTALS above.

1.9 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

The Contractor's personnel shall be qualified to perform all phases of environmental protection, including methods of detecting and avoiding

SECTION 01 57 20 Page 7 pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Quality Control personnel will be identified in the Quality Control Plan submitted in accordance with Section 01 45 04 CONTRACTOR QUALITY CONTROL.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, the Contractor shall comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected at least during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Environmental protection shall be as stated in the following subparagraphs.

3.1.1 General Project Environmental Design and Installation Criteria

Some project sites have features that shall not be impacted in any way, including cultural, historic, or archeological features. At all sites, the Contractor shall minimize disturbance to existing features at the site to the extent possible, including vegetative, topographic, and drainage pattern features. Wetland impacts (temporary access, detours, staging areas, and other work area impacts) to project sites should be avoided and may require separate permitting action. Any wetlands temporarily impacted shall have its soil restored upon project completion. Expansion of previously permitted project footprints may likewise require separate permitting action.

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

In the event environmental protection measures fail, the Contractor shall implement procedures to control and correct environmental damage. The Contractor shall coordinate with the Contracting Officer if environmental protection measures fail.

3.1.1.1 Sewage-Based Systems Environmental Design and Installation Criteria

In general, there shall be no waste or debris discharges of any kind for a project unless authorized by the Contracting Officer. This shall include the Contractor's providing sufficient temporary sanitary equipment and facilities for the project. The design and/or installation of temporary or permanent sewage systems shall ensure that waters will be free of effects of sewage discharges. Applicable Federal, State, or local codes and

SECTION 01 57 20 Page 8 requirements regarding sewage shall be strictly adhered to in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Best Management Practices from the applicable agencies shall also be adhered to in the design.

3.1.2 Protection of Land Resources

Prior to the beginning of any construction, the Contractor shall identify all land resources to be preserved or avoided within the Contractor's work area. Materials displaced into uncleared areas shall be removed. The Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without special permission from the Contracting Officer. The Contractor shall engage a qualified tree surgeon to perform all tree surgery. The Contractor shall be responsible to repair injuries to bark, trunk, branches, and roots of protected trees by dressing, cutting, and painting as specified for Class I Fine Pruning, of the National Arborist Association Pruning Standards for Shade Tree or as per State's Agricultural Extension Agency Guidelines, immediately as occurrences arise. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, the Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs.

3.1.2.1 Work Area Limits

Prior to any construction, the Contractor shall mark the areas that are not required to accomplish all work to be performed under this contract.

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

3.1.2.2 Contractor Facilities and Other Work Areas

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

3.1.2.3 Solid Wastes

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

SECTION 01 57 20 Page 9 be conducted to prevent contamination. Solid waste materials shall be hauled to a solid waste disposal site approved by the Contracting Officer.

The Contractor shall comply with Federal, State and local regulations pertaining to the use of the solid waste disposal site.

3.1.2.4 Fuel, Oil, and Lubricants

Fuel, oil, and lubricants shall be managed so as to prevent spills and evaporation. To prevent spills, fuel dispensers shall have a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, the Contractor shall immediately recover the contaminated ground and dispose of it offsite in an approved area. Petroleum waste generated shall be stored in marked corrosion-resistant containers and recycled or disposed of in accordance with 40 CFR 279, State, and local regulations.

3.1.2.5 Hazardous Waste

Hazardous wastes are defined in 40 CFR 261. The Contractor shall ensure that hazardous wastes are stored and disposed of in accordance with 40 CFR 261 and State and local regulations. The Contractor shall ensure that hazardous wastes are packed, labeled, and transported in accordance with 49 CFR 173 and State and local regulations.

3.1.2.6 Hazardous Materials

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

3.1.2.7 Disposal of Other Materials

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

3.1.3 Preservation and Recovery of Historic, Archeological, and Cultural Resources

3.1.3.1 Applicable Law

A number of Federal laws require protection of cultural resources. Two laws, in particular, can be potentially involved with dredging activities:

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

3.1.3.2 Known Resources

If known historic, archeological and cultural resources within the Contractor's work area(s) are present, it will be designated as a "potentially significant cultural resource" on the contract drawings or other documents. If so designated, the Contractor shall install protection for these resources and shall be responsible for their preservation during the contract's duration. The Contractor shall not distribute maps or other information on these resource locations except for distribution among the Contractor's staff with a "need to know" technical responsibility for

SECTION 01 57 20 Page 10 protecting the resources.

3.1.3.3 Inadvertent Discoveries

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

The possibility of encountering submerged cultural resources is inherent in dredging and snagging operations. Such findings could include shipwrecks, shipwreck debris fields (such as steam engine parts), prehistoric watercraft (such as log "dugouts"), and other structural features intact or displaced. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. Suspected cultural materials inadvertently gathered from a water-saturated context should be kept moist by re-immersion, spraying, or some other expedient means of wetting until the appropriate Corps staff provide further directives. No interviews or other contact with media shall occur without clear authorization from the Contracting Officer or the appropriate Corps representative.

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, the Contractor shall seek to continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other manner that strives to continue productive activities in keeping with the contract. Should an inadvertent discovery be of the nature that substantial impact(s) to the work schedule are evident, such delays shall be coordinated with the Contracting Officer. Contract adjustments resulting from compliance with this paragraph shall be determined in accordance with Clause DIFFERING SITE CONDITIONS of Section 00700 CONTRACT CLAUSES in Volume 1.

3.1.4 Protection of Water Resources

The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface, ground waters, and wetlands. The Contractor shall plan his operation and perform all work necessary to minimize adverse impact or violation of water quality standards. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities which are included in this contract. The Contractor's construction methods shall protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. There shall be no storage or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone unless specifically authorized.

3.1.4.1 Monitoring of Water Areas

All water areas affected by construction activities shall be monitored by

SECTION 01 57 20 Page 11 the Contractor.

3.1.4.2 Turbidity

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

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

The Contractor shall prevent oil, fuel, or other hazardous substances from entering the air, ground, drainage, local bodies of water, or wetlands.

This shall be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following shall occur:

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

(2) Spills shall be immediately reported to the Contracting Officer.

(3) Spill contingency planning shall be strictly in accordance with the criteria of 40 CFR, Part 109.

(4) To control the spread of any potential spill, absorbent materials shall be readily available and capable of absorbing the contents of the single largest tank.

(5) To control the spread of any potential spill, the Contractor shall provide a written certification of commitment of manpower, equipment, and materials required to expeditiously cleanup and dispose of spill materials.

a. Spill Preventive Systems: System design and installation requirements have been discussed at the beginning of this Section.

Temporary or portable tanks shall conform to applicable Federal, State and local codes and requirements and shall not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills shall be put in place in advance where practical. Both spill preventive systems and any deviations from associated requirements shall be approved by the Contracting Officer prior to implementation.

b. Liabilities: The Contractor shall be liable in the amounts established in 40 CFR, Part 113 when it can be shown that oil was discharged as a result of willful negligence or willful misconduct.

The penalty for failure to report the discharge of oil shall be in accordance with the provision of 33 CFR, Part 153.

3.1.5 Protection of Fish and Wildlife Resources

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

SECTION 01 57 20 Page 12

In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall cease all work…