W912EP-17-R-0018_Amendment_0003.pdf

W32CS570880307

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)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Kissimmee River Restoration Project, Structure 69 Weir and Canal Backfill, Okeechobee and Highlands Counties, Florida

A. See Continuation Page for Amendment details.

B. The propoosal due date remains unchanged.

All other conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 63

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. 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-17-R-0018

X 9B. DATED (SEE ITEM 11)

21-Jun-2017

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 is extended, X 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 1 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

10-Jul-2017

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 CODE CODE

EMAIL: TEL:

SF 30 CONTINUATION SHEET

Kissimmee River Restoration Project, S-69 Weir and Canal Backfill, Highlands & Okeechobee Counties, FLORIDA

Amendment 0003

SUMMARY OF CHANGES

1. SPECIFICATIONS:

A. In some Volume 1 sections, asterisks appear before and after the line or lines where revisions have been made to the text, and pertain only to changes made by this amendment. In some cases, replacement clauses are attached to this amendment.

B. In Volume 2 sections, the text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs, and pertain only to changes made by this amendment. The entire section is replaced if there is any change.

The Project Table of Contents and Submittal Register are replaced without underlines and cross-outs if there are changes to these documents.

Changes to Specifications:

Volume 1 of 2 – Technical Specifications:

No changes

Volume 2 of 2 – Technical Specifications:

DELETE Section 01 57 20 and REPLACE with the attached revised Section 01 57 20

DELETE Section 31 00 00 and REPLACE with the attached revised Section 31 00 00

2. DRAWINGS:

No changes

(End of Summary of Changes)

S69 WEIR AND CANAL BACKFILL W912EP-17-R-0018

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 REFERENCES

1.2.1 Miscellaneous Environmental Laws And Regulations

1.2.2 Publication Reference(s)

1.3 QUALITY CONTROL

1.4 PERMITS AND AUTHORIZATIONS

1.5 SUBMITTALS

1.6 SUBCONTRACTORS

1.7 NOTIFICATION

1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 Sewage-Based Systems Environmental Design and Installation

Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Protection of Landscape

3.1.2.3 Unprotected Erodible Soils

3.1.2.4 Disturbed Areas

3.1.2.5 Contractor Facilities and Other Work Areas

3.1.2.6 Solid Wastes

3.1.2.7 Fuel, Oil, and Lubricants

3.1.2.8 Hazardous Waste

3.1.2.9 Hazardous Materials

3.1.2.10 Disposal of Other Materials

3.1.3 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.3.1 Applicable Law

3.1.3.2 Known Resources

3.1.3.3 Inadvertent Discoveries

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

3.1.4.1 Washing and Curing Water

3.1.4.2 Stream Crossings

3.1.4.3 Monitoring of Water Areas

3.1.4.4 Turbidity

3.1.4.5 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

SECTION 01 57 20 Page 1 Amendment 0003

3.1.4.6 Wetlands Protection

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Endangered Species Protection

3.1.5.2 Protection of Manatees

3.1.5.3 Manatee Sighting Reports

3.1.5.4 Report Submission

3.1.5.5 Protection of Migratory Bird Species

3.1.5.6 Protection of Snail Kites

3.1.5.7 Wood Storks

3.1.5.8 Protection of American Bald Eagle

3.1.5.9 Protection of the Florida Burrowing Owl (Speotyto

cunicularia floridana)

3.1.5.10 Protection of Audubon's Crested Caracara (Polyborus

plancus audubonii)

3.1.5.11 Protection of Gopher Tortoise (GT) Populations

(Gopherus polyphemus)

3.1.5.12 Protection of Eastern Indigo Snake Populations

3.1.5.13 Protection of Florida Bonneted Bat (FBB) Populations

3.1.6 Protection of Air Resources

3.1.6.1 Particulates

3.1.6.2 Burning

3.1.6.3 Odors

3.1.7 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

3.4.2 Invasive and Nuisance Species Reporting

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2 Amendment 0003

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 REFERENCES

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); Code of Federal Regulations (CFRs); Executive Orders; and, Environmental Protection Agency (EPA) requirements.

1.2.2 Publication Reference(s)

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 Safety and Health Requirements Manual

EM 1110-1-1003 (1996) NAVSTAR Global Positioning System Surveying

SECTION 01 57 20 Page 3 Amendment 0003

ER 1110-1-5 (1984) Plant Pest Quarantined Areas and Foreign Soil Samples

1.3 QUALITY CONTROL

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

1.4 PERMITS AND AUTHORIZATIONS

The Contractor is responsible for obtaining NPDES Stormwater Construction Generic Permit to provide coverage under the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Stormwater Discharges from Construction Activities (CGP) pursuant to Rule 62-621.300(4), F.A.C. The Contractor is advised to contact FDEP's NPDES Stormwater Program at (850) 245-7522 or toll free at (866) 336-6312, or to download application information from http://www.dep.state.fl.us/water/stormwater/npdes/construction1.htm prior to commencement of construction.

Offsite Dewatering. The issuance of this permit does not constitute coverage under the NPDES General Permit for the Discharge of Produced Ground Water from any Non-Contaminated Site Activity pursuant to 62-621.300(2), F.A.C. If any offsite discharges will occur due to construction dewatering activities, then coverage under the aforementioned General Permit may be required, and the permittee is advised to review Rule 66-621.300(2), F.A.C. At least 30 days before beginning use of the General Permit, the permittee must notify this office of its intent by letter. If the proposal meets applicable criteria for use of the General Permit, then the Department does nothing, and the permittee may proceed with the project while abiding by all conditions of the General Permit.

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. ( 0272794 -009 ) ; Effective issue Date: July, 7 2017 ; Expiration Date:

July 27, 2017 .

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

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

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

1.5 SUBMITTALS

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

submittals not having a "G" designation are for information only. When

SECTION 01 57 20 Page 4 Amendment 0003 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:

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G|DO

No later than 30 calendar days prior to the Preconstruction Conference, the Contractor shall submit an Environmental Protection Plan for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, the Contractor shall furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the Contractor's plan shall not relieve the Contractor of his responsibility for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the 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.

SECTION 01 57 20 Page 5 Amendment 0003

g. Traffic control plan.

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

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

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

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

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

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

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

q. A protection and education plan for the Eastern indigo snake.

r. The Environmental Protection Plan shall include the following statements within the first three pages of the document:

"Warning: Wetlands are sensitive environments protected by State and Federal Law. Any intentional damage to wetlands may result in fines and/or imprisonment. When working in, on or over wetlands and other surface waters, the contractor shall stay only

SECTION 01 57 20 Page 6 Amendment 0003 within the footprint of the project."

"Threatened and endangered species may be present in the project area; personnel shall avoid harming, harassing, or killing these species. Any intentional interaction with a threatened and endangered species may result in civil and criminal consequences.

Other protected species that might be observed in the region include the American alligator, wood stork, snail kite, eastern indigo snake, manatee, bald eagle, and crested caracara.

Construction activities shall be kept under constant surveillance, management, and control to minimize any interference, disturbance, or impact to these and other protected species."

s. Erosion Control Plan, Storm Water Pollution Prevention Plan (SWPP) shall include, but not be limited to, a turbidity control and monitoring plan to include turbidity barrier specifications and a drawing(s) showing their placement, including anchoring details. The use of best management practices for erosion control plan to include silt curtain specifications..

(See SECTION 01 57 25 "Turbidity and Disposal Monitoring.")

t. Invasive and Nuisance Species Transfer Prevention Plan

u. A protection and education plan for the Florida Bonneted Bat.

SD-07 Certificates

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 according to current USFWS and FFWCC requirements, including demonstrating ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. The Contractor shall consult with and coordinate all monitoring plans and activities with the Contracting Officer and the Project Biologist indicated in the ECM (See paragraph PERMITS AND AUTHORIZATIONS above).

Eastern Indigo Snake Observer ; G|DO

Within 20 calendar days after the date of Notice of Award, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the eastern indigo snake observer.

Florida Bonneted Bat Qualifications ; G|DO

Within 20 calendar days after the date of Notice of Award, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the Florida Bonneted Bat Surveyor.

SD-11 Closeout Submittals

Logs/Final Summary Report

Contractor shall submit as specified, logs and final summary

SECTION 01 57 20 Page 7 Amendment 0003 report of sightings and incidents with endangered species.

Eastern Indigo Snake Monitoring Report

Contractor shall submit an Eastern indigo snake monitoring report to the appropriate U.S. Fish and Wildlife (FWS) Field Office within 60 days of the conclusion of clearing phases. The report shall be submitted whether or not Eastern indigo snakes are observed. The report shall contain any sightings of Eastern indigo snakes, summaries of any relocated snakes if relocation was approved for the project (e.g., locations of where and when they were found and relocated), and other obligations required by the State that may or may not be stipulated in the permit.

Project Environmental Summary Sheet

Contractor shall submit within 30 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.

Comprehensive Final Report

Contractor shall submit as specified, a compilation of all data and maps prepared during the surveys and all information regarding relocation of gopher tortoises.

1.6 SUBCONTRACTORS

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

1.7 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations, permits and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken.

No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension.

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

SECTION 01 57 20 Page 8 Amendment 0003

1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

The Contractor's personnel shall be qualified to perform all phases of environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly knowledgeable of 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. Deviations from drawings or specifications (e.g., proposed alternate borrow areas, disposal areas, staging areas, and alternate access routes) could result in the need for the Government to reanalyze and reapprove the project from an environmental standpoint. 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.

SECTION 01 57 20 Page 9 Amendment 0003

3.1.1.1 Sewage-Based Systems Environmental Design and Installation Criteria

In general, there shall be no waste or debris discharges of any kind for a project unless authorized by the Contracting Officer. This shall include the Contractor's providing sufficient temporary sanitary equipment and facilities for the project. The design and/or installation of temporary or permanent sewage systems shall ensure that waters will be free of effects of sewage discharges. Applicable Federal, State, or local codes and requirements regarding sewage shall be strictly adhered to in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Best Management Practices from the 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.

The Contractor shall thoroughly clean all construction equipment and tools at the prior job site in a manner that ensures all residual soil is removed and that egg deposits from plant pests are not present. The Contractor shall consult with the U.S. Department of Agriculture (USDA) regarding additional cleaning requirements that may be necessary. In addition, if this contract involves the identification, shipping, storage, testing, or disposal of soils from such a quarantined area, the Contractor agrees to comply with the provisions of ER 1110-1-5 and attachments. The Contractor agrees to assure compliance with this obligation by all subcontractors.

SECTION 01 57 20 Page 10 Amendment 0003

3.1.2.2 Protection of Landscape

Trees and their roots, shrubs, vines, grasses, land forms, and other landscape features shall be clearly identified and protected by fencing or any other approved techniques. Protection of trees shall be as illustrated in the Tree Protection Plan Detail on the first web site indicated in the paragraph CONSTRUCTION FORMS AND DETAILS below. Tree protection fencing shall be placed before excavation or grading is begun and maintained in place until construction is complete. Branches of protected trees, if required, shall be removed to clear for construction and pruning shall subsequently be performed to restore the natural shape of the entire tree. Branches or roots, if required, shall be cut with sharp pruning instruments and not broken or chopped. Protected trees shall be fertilized to compensate for root loss with 6-6-6 as per manufacturer's application direction. Any damage to tree crowns or roots shall be repaired promptly after damage occurs.

a. Trench or Bore Under Trees: Where trenching for utilities is required within tree driplines, the Contractor shall hand dig under and around roots or bore under them. The Contractor shall protect roots from drying and cover exposed roots within an hour as specified in subparagraph "Excavation for Structures" below. No lateral roots which interfere with new construction shall be cut. Boring is permitted.

b. Excavation for Structures: Where excavating for new construction is required within tree drip lines, the Contractor shall hand excavate to minimize damage to root systems. The Contractor shall use narrow tine pitchforks and comb soil to expose roots. The Contractor shall relocate roots in backfill areas. If large, main lateral roots are encountered that are exposed beyond the excavation limits, the Contractor shall bend and relocate these roots without breaking or girdling. If roots are encountered immediately adjacent to new construction such that relocation is not practical, the Contractor shall saw roots approximately 3" back from the new construction, seal with tree wound dressing, and protect any exposed embankment of roots from drying by covering with straw and black plastic. The Contractor shall irrigate affected areas daily until final grade conditions are established and the exposed roots are backfilled properly for continued plant growth.

c. Replacement: The Contractor shall remove dead or damaged protected trees determined, by the Government, to be incapable of restoration to normal health growth. The Contractor shall replace each removed tree up to 4" caliper with tree of equal specie and size. For each tree removed larger than a 4" caliper, the Contractor shall replace the tree with one 4" caliper tree per 4" caliper increment or fraction thereof.

3.1.2.3 Unprotected Erodible Soils

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

SECTION 01 57 20 Page 11 Amendment 0003 sized increments as needed to use the areas developed as approved by the Contracting Officer.

3.1.2.4 Disturbed Areas

The Contractor shall effectively prevent erosion and control sedimentation through approved methods including, but not limited to, the following:

a. Retardation and Control of Runoff: Runoff from the construction site or from storms shall be controlled, retarded, and diverted to protected drainage courses by means of diversion ditches, benches, and by any measures required by area wide plans approved under paragraph 208 of the Clean Water Act.

b. Erosion and Sedimentation Control Devices: The Contractor shall construct or install temporary and permanent erosion and sedimentation control features in accordance with permit. Temporary velocity dissipation devices shall be placed along drainage courses so as to provide for non-erosive flows. Temporary erosion and sediment control measures such as berms, dikes, drains, sediment traps, sedimentation basins, grassing, mulching, baled hay or straw, and silt fences shall be maintained until permanent drainage and erosion control facilities are completed and operative. For silt fences, the filter fabric is to be of nylon, polyester, propylene, or ethylene yarn of at least 50 lb/in strength and able to withstand a flow rate of at least 0.3 gal/ft sq/minute. The fabric should contain ultraviolet ray inhibitors and stabilizers and be a minimum of 36 inches in width.

The toe of the fence shall be buried at least 8 inches deep to prevent undercutting and shall be secured to posts by suitable staples, tie wire, or hog rings. Posts shall be a minimum of 4 feet in length.

Fence shall be overlapped to the next post if fabric joints are necessary.

c. Sediment Basins: Sediment from construction areas shall be trapped in temporary or permanent sediment basins. The basins shall accommodate the runoff of a local 24-hour storm. After each storm, the basins shall be pumped dry and accumulated sediment shall be removed as necessary to maintain basin effectiveness. Overflow shall be controlled by paved weir or by vertical overflow pipe, draining from the surface. The collected topsoil sediment shall be reused for fill on the construction site, and/or conserved (stockpiled) for use at another site(s). The Contractor shall institute effluent quality monitoring programs as required by State and local environmental agencies.

3.1.2.5 Contractor Facilities and Other Work Areas

The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities shall be made when approved by the Contracting Officer. Disposal and waste areas shall be managed to minimize erosion and to prevent sediment from entering nearby watercourses, wetlands, or lakes. Disposal areas shall be developed in accordance with 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.

SECTION 01 57 20 Page 12 Amendment 0003

3.1.2.6 Solid Wastes

Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. Solid waste materials shall be hauled to a solid waste disposal site approved by the Contracting Officer. The Contractor shall comply with Federal, State, and local regulations pertaining to the use of the solid waste disposal site.

3.1.2.7 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.

3.1.2.8 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.

3.1.2.9 Hazardous Materials

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

3.1.2.10 Disposal of Other Materials

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

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 "environmentally sensitive area" on the contract drawings or other

SECTION 01 57 20 Page 13 Amendment 0003 documents. If so designated, the Contractor shall install protection for these resources and shall be responsible for their preservation during the contract's duration. The Contractor shall not distribute maps or other information on these resource locations except for distribution among the Contractor's staff with a "need to know" technical responsibility for protecting the resources.

3.1.3.3 Inadvertent Discoveries

If, during construction activities, the Contractor observes items that may have historic or archeological origin, 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, human remains, artifacts, shell, midden, modified rocks of coral, constructed features, and charcoal or other deposits. 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.

Once reported, the Corps staff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Additional work in the area of the discovery will be suspended at the site until all federal and state regulations have been successfully completed and the Corps staff members provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed. No interview 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 the water quality standard. 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.

SECTION 01 57 20 Page 14 Amendment 0003

3.1.4.1 Washing and Curing Water

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

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

3.1.4.2 Stream Crossings

Stream crossings shall be controlled during construction. Crossings shall provide movement of materials or equipment without violating water pollution control standards of the Federal, State, or local government.

3.1.4.3 Monitoring of Water Areas

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

3.1.4.4 Turbidity

The Contractor shall conduct his operations in a manner to minimize turbidity. Also, the Contractor shall conform to all water quality standards as prescribed by Chapter 62-302, State of Florida, Department of Environmental Protection (FDEP).

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.

3.1.4.5 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

SECTION 01 57 20 Page 15 Amendment 0003 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.

3.1.4.6 Wetlands Protection

a. The Contractor shall determine the location of wetlands within the project area and adjacent to the project area from the information provided in the contract documents. The Contactor shall instruct all personnel associated with the project of the presence of wetlands if the wetlands are located within 1,000 feet of staging areas, access roads or any other areas used during construction activities.

b. All construction personnel shall be advised that there are civil and criminal penalties for harming or destroying wetlands beyond actions specifically identified, anticipated, and authorized in these specifications and associated plans and environmental documents. The Contractor shall erect a silt fence at least 30 feet upland and along the entire length of all wetland delineation lines adjacent to the work site and staging areas, prohibit all access into the wetland, and ensure compliance with the paragraph "Protection of Water Resources" above.

c. The Contractor shall not anchor, place pipelines, or stage equipment in a manner that will cause any damage to wetlands beyond those specifically identified, anticipated, and authorized in these specifications and associated drawings and environmental documents.

Anchoring, placing pipeline, or staging equipment shall be avoided in these sensitive wetland areas. If such activities cannot be done without affecting sensitive areas outside the construction area identified in the contract documents, the activities shall cease, and the Contracting Officer and Chief, Environmental Branch (904-232-1665) shall be immediately notified (no later than the morning following the working day if the incident occurs after normal working hours). Any actual incident involving damage to, or disturbance of, wetlands shall be reported.

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.

Order of Contact of Corps Personnel

SECTION 01 57 20 Page 16 Amendment 0003

Title Telephone Number

Corps, Inspector On site Lodging Location

Area Engineer (CESAJ-CO-G) 813-348-0690 To be Provided

Chief, Environmental Branch, Planning 904-232-2336 To be Provided Division (CESAJ-PD-E)

Chief, Construction Division (CESAJ-CD) 904-232-1118 To be Provided

Sebring Field Office 863-471-1741 To be Provided

3.1.5.1 Endangered Species Protection

The Contractor shall instruct all personnel associated with the project of the potential presence of, but not limited to, manatees, snail kites, little blue heron, tricolored heron, Florida sandhill crane, Florida ospreys, wood storks, gopher tortoises, Eastern indigo snakes, bald eagles, burrowing owls, and crested caracara,Florida Bonneted Bat in the area, and the need to avoid harming these animals. The Contractor shall be held responsible and liable for any of the above-mentioned animals that are harmed, harassed, or killed as a result of construction activities.

In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall cease all work and notify the Contracting Officer.

3.1.5.2 Protection of Manatees

The Contractor shall instruct all personnel associated with the project of the potential presence of manatees in the area, and the need to avoid collisions with and harming these animals. All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and/or the Florida Manatee Sanctuary Act. The Contractor shall be held responsible for any manatee harmed, harassed, or killed as a result of construction activities.

a. Siltation Barriers: If siltation barriers are used, they shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat.

b. Special Operating Conditions:

(1)…