Amendment_0003.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

CANAVERAL HARBOR, FLORIDA MAINTENANCE DREDGING 39 THROUGH 44-FOOT PROJECT BREVARD

COUNTY, FLORIDA

A. See Continuation Sheet for Amendments details.

B. The Proposal Due Date Remain Unchanged 30 Jan 2019 @ 2:00 PM Local Time.

C. Contractor is required to aknowledge Amentments 0001 and 0002. Contractor is not required to aknowledge

Amendment 0003.

D. All other Terms and Condiions remain uchanged.

1. CONTRACT ID CODE PAGE OF PAGES

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 9A. AMENDMENT OF SOLICITATION NO.

W912EP19B0002

X 9B. DATED (SEE ITEM 11)

13-Dec-2018

10B. DATED (SEE ITEM 13)

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, 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

24-Jan-2019

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:

X

SF 30 CONTINUATION SHEET

CANAVERAL HARBOR, FLORIDA

MAINTENANCE DREDGING

39 THROUGH 44-FOOT PROJECT

BREVARD COUNTY, FLORIDA

W912EP19B0002 1 Amendment 0003

SUMMARY OF CHANGES

1. SPECIFICATIONS:

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. New sections are added without underlines and cross-outs.

Changes to Specifications:

Volume 2 of 2

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

(End of Summary of Changes)

Volume 1 of 2

Revise Standard Form 1442 Paragraph 10 sentence "Magnitude of Construction is Between $5,000,000 - $10,000,000 " to "Magnitude of Construction is Between $10,000,000 - $25,000,000."

Canaveral Harbor, Maintenance Dredging 39 Through 44-Foot Project, Brevard County, Florida

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 REFERENCES

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 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 and Dissolved Oxygen

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Endangered Species Protection

3.1.5.2 Manatee, Sea Turtle, and Whale Sighting Reports

3.1.5.3 Report Submission

3.1.6 Protection of Air Resources

SECTION 01 57 20 Page 1 W912EP-19-B-0002 Amendment 0003

3.1.6.1 Particulates

3.1.6.2 Burning

3.1.6.3 Odors

3.1.7 Protection of Sound Intrusions

3.2 SONAR TEST

3.3 POSTCONSTRUCTION CLEANUP

3.4 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

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. NEPA compliance measures specified in an Environmental Assessment (EA) or Environmental Impact Statements (EIS) are also applicable with regard to compliance.

1.2.2 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.

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

SECTION 01 57 20 Page 3

Surveying

ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IES)

IES RP-12 (1997) Recommended Practice for Marine Lighting

IES RP-16 (2010; Addendum A 2008; Addenda B & C 2009) Nomenclature and Definitions for Illuminating Engineering

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 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 (FDEP) Permit No.

0129260-002-JC issued 15 January 2010 and expires on 15 January 2020.

FDEP Permit Exemption No. 0129260-007-BE effective 22 April 2015.

b. Department of the Army Permit No. SAJ-2007-05637 (SP-TSD) 10/404;

effective 16 February 2017; expires 14 February 2020; 103 effective 18 August 2017; expires 18 August 2020.

c. EPA MPRSA Section 103 (Civil Military) Concurrence; valid until 18 August 2020.

d. Canaveral Site Management and Monitoring Plan; Effective Date:

February 2012; Expiration Date: February 2022.

The above permits indicate issuing agency approval of work required by this contract. Permits and environmental compliance documents are available at the following web address:

http://www.saj.usace.army.mil/About/Divisions-Offices/Planning/Environmental-Branch/ Environmental-Compliance/

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

All submittals required herein shall be directed to both the DEP’s Bureau of Beaches & Coastal Systems office and the Central District office (cover letter only) at the following addresses:

Florida Dept. of Environmental Protection Bureau of Beaches and Coastal Systems Attn: JCP Compliance Officer

SECTION 01 57 20 Page 4

3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 Phone: 850-414-7716 Email: JCPCompliance@dep.state.fl.us

Florida Dept. of Environmental Protection Central District Office, SLERP Program Attn: Compliance Manager 3319 Maguire Blvd, Suite 232 Orlando, Florida 32803-3767 Phone: 407-893-7861

FAX: 407-893-3075

Such submittals include, but are not limited to, notices, progress reports, and water quality monitoring reports. All submittals shall clearly indicate the project name (Canaveral Harbor Federal Maintenance Dredging) and the permit number (0129260-002-JC).

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:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, DO

No later than 30 calendar days after Award, the Contractor shall submit a draft 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, SECTION 01 57 20 Page 5 archeological, and cultural resources.

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

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

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

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

g. Traffic control plan.

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

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

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

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

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

SECTION 01 57 20 Page 6 who shall be responsible for turbidity monitoring and reporting to be performed. Method of turbidity monitoring and reporting that will be performed.

o. The Contractor shall provide one whale observer text mailbox per dredge e-mail address or telephone number to receive real time whale alerts throughout the calving season.

SD-02 Shop Drawings

Monthly Reports Of Marine Animal Observers

The Contractor shall ensure that copies of the daily logs are submitted on a monthly basis to the Contracting Officer and the Chief, USACE Jacksonville District, Environmental Branch.

SD-07 Certificates

Lighting Notification

Prior to the commencement of dredging, the Contractor shall provide written notification to the Contracting Officer and the Chief, USACE Jacksonville District, Environmental Branch, that dredge lighting meets the requirements of Section 01 57 20 Protection of Fish and Wildlife Resources, a. Special Operating Conditions for Manatees, paragraph (10). This notification shall include, but not be limited to, a measurement of the size of the illuminated area (75 feet) around the hoist line, the intensity of the specified illumination (a minimum of 54 lux throughout the illuminated area including the edge) and an assessment of whether the lighting is visible from adjacent beaches. The lights shall be shielded and/or positioned such that they are not visible from any sea turtle nesting beaches immediately north or south of Port Canaveral.

Marine Animal Observer Qualifications; G, DO

Observers shall have appropriate qualifications and observation experience. Each observer shall submit a resume which includes a table showing names and locations of dredging projects worked on, permit numbers (if known), type of dredge utilized, days spent observing (estimated), number of manatees observed (estimated), and whether the work was ever halted due to manatees in the area.

No later than 15 calendar days prior to the commencement of each dredging event, the Contractor shall ensure that the names, contact information, and experience has been submitted to the Contracting Officer and the Chief, Environmental Branch for review and approval.

Turbidity and Dissolved Oxygen Monitor Qualifications; G, DO

Turbidity and Dissolved Oxygen Monitor shall have appropriate qualifications and monitoring experience. Each monitor shall submit a resume which includes the names and locations of dredging projects worked on, permit number (if known), and dates spent monitoring.

SD-11 Closeout Submittals

SECTION 01 57 20 Page 7

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 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).

Summary of Marine Animal Monitoring

A final report summarizing all activities noted in the daily observer logs, an assessment and documentation (via photo or digital imagery) of effectiveness of any new technology implemented for observation (such as infrared) and new protocols, the location and name of project, and the dates and times of work shall be submitted within 30 days following project completion.

The final report shall be submitted to the Contracting Officer and Chief, Environmental Branch.

1.6 SUBCONTRACTORS

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

1.7 NOTIFICATION

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

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

1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

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

SECTION 01 57 20 Page 8 personnel will be identified in the Quality Control Plan submitted in accordance with Section 01 45 05 DREDGING/BEACH FILL PLACEMENT - CONTRACTOR

QUALITY CONTROL.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, the Contractor shall comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected at least during the entire period of this contract. The Contractor shall confine 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.

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.

SECTION 01 57 20 Page 9

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. Borrow or dredge material management (DMMA) areas shall be managed to minimize erosion and to prevent sediment from entering nearby watercourses, wetlands, or lakes. Spoil areas shall be managed and controlled to limit spoil intrusion into areas designated on the drawings and to prevent erosion of soil or sediment from entering nearby watercourses, wetlands, or lakes. Spoil areas shall be developed in accordance with the grading plan indicated on the drawings. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas from despoilment. If there is suspicion that sediment may be unsuitable for disposal at a specified location, the Contractor shall immediately take measures to contain the suspect sediment and notify the Contracting Officer.

3.1.2.3 Solid Wastes

Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. Solid waste materials shall be hauled to a solid waste disposal site approved by the Contracting Officer.

SECTION 01 57 20 Page 10

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.

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 "Avoidance Areas" 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 dredge, spud, or anchor within the designated environmentally sensitive zone(s). 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.

SECTION 01 57 20 Page 11

3.1.3.3 Inadvertent Discoveries

If, during construction activities, the Contractor observes items that may have historic or archaeological origin, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified. The Contractor shall cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. Once reported, 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.

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, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, 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 the media or federal, tribal or state agencies shall occur without clear authorization from the Contracting Officer.

In the unlikely event that unmarked human remains are identified they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 50-meter diameter of the unmarked human remains shall immediately cease and, and the Contracting Officer or the appropriate Corps representative shall be immediately notified. The Corps shall then notify the local medical examiner, and the appropriate SHPO and THPO(s). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or terminate work activities. Such activity shall not resume without written authorization from the State Archeologist and from the Corps.

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, SECTION 01 57 20 Page 12 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.

3.1.4.1 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.

3.1.4.2 Turbidity and Dissolved Oxygen

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.

SECTION 01 57 20 Page 13

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.

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. The order of contact within the Corps of Engineers shall be as follows:

Order of Contact of Corps Personnel

Title Telephone Number

Corps, Inspector Onsite/After hours to be provided Area Engineer, North Florida (CESAJ-CD-N) To be provided / 904-232-2086 Chief, Environmental Branch Planning Division (CESAJ-PD-E) 904-232-2336 Chief, Construction Division

(CESAJ-CD) 904-232-1118

3.1.5.1 Endangered Species Protection

The Contractor shall instruct all personnel associated with the project of the potential presence of manatees, and sea turtles, dolphins and whales 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, or sea turtles, dolphins or whales 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, sea turtle, or whale harmed, harassed, or killed as a result of construction activities.

a. Special Operating Conditions for Manatees:

(1) All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. Boats used to transport personnel shall be shallow-draft vessels, preferably of the light-displacement category, where navigational safety permits.

(2) Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, SECTION 01 57 20 Page 14 and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

(3) All on-site project personnel are responsible for observing water-related activities for the presence of manatees. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the Contractor to ensure protection of the manatee. All in-water activities, including vessel operation, must be shut down if a manatee comes within 50 feet of the active construction site during daytime hours. Activities will not resume until the manatee has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee has not reappeared within 50 feet of the operation. During nighttime dredging (nighttime shall be defined as one half hour before sunset and one half hour after sunrise), all moving equipment and construction activities shall cease if a manatee moves closer than 75 feet from such equipment or the project area. Activities will not resume until the manatee has moved beyond the 75-foot radius of the project operation, or until 30 minutes elapses if the manatee has not reappeared within 75 feet of the operation. Animals must not be herded away or harassed into leaving.

(4) Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the Contractor upon completion of the project.

Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see www.MyFWC.com). One sign measuring at least 3 feet by 4 feet, which reads "Caution: Boaters - Watch for Manatees", must be posted in a location prominently visible to all personnel engaged in water-related activities. Additional signs measuring at least 8 ½ inches by 11 inches explaining the requirements for "Idle Speed/No Wake" and the shut down of in-water operations must be posted on vessels associated with the construction, and should be placed visible to the vessel operator.

(5) During daylight hours, the Contractor shall provide at least one dedicated marine animal observer and this observer must be on site during all in-water construction activities. During nighttime hours(nighttime shall be defined as one half hour before sunset and one half hour after sunrise), the Contractor shall provide at least four dedicated marine animal observers. At least three of the four nighttime observers shall be on site during all in-water construction activities. The four observers shall rotate which three 3 observers are on site and which one in on break such that each observer takes a minimum of one 30 minute break during each 4 hour period. One nighttime observer shall be stationed as close to the clamshell bucket as safety permits, the second nighttime observer shall be stationed at the stern, and the third on the port or starboard side of the dredge opposite the scow. The observer stationed as close to the clamshell bucket as safety permits shall have direct line of sight of the bucket going in and out of the water. The nighttime observers shall rotate positions after each break. All marine animal observers shall advise personnel to cease operations upon sighting a manatee within 50 feet of any in-water construction activity (75 feet for nighttime work).

SECTION 01 57 20 Page 15

(6) All observers shall maintain a daily log that details sightings, collisions, or injuries to protected marine animals, as well as project specific information such as when each observer took a break and for how long, work itinerary, weather, work shutdowns, observer shift changes, etc. In regard to manatee behavior, the observers shall also log time of observation, estimated distance of manatees from the dredge, type of behavior (such as passing through, pausing in the vicinity of the project, interacting with the dredge, scows, tugs, etc., attracted to running or dripping water), and whether the dredge was operating at the time of observation. The Contractor shall ensure that copies of the daily logs are submitted on a monthly basis to the Contracting Officer and the Chief, USACE Jacksonville District, Environmental Branch.

(7) To reduce the risk of a vessel crushing a manatee, fenders or buoys providing a minimum standoff space of at least four feet under maximum designed compression shall be utilized between two vessels that are moored together such as, but not limited to, the mooring of the scow and dredge barges.

(8) During daytime operations, the Contractor shall stop the clamshell bucket at the water's surface and after confirmation that there are no manatees within the 50-foot safety distance the Contractor shall gravity release the clamshell bucket. During nighttime operations, the Contractor shall stop the clamshell bucket at the water's surface and after confirmation that there are no manatees within the 75-foot distance, the Contractor shall maintain a controlled descent to the bottom that shall not exceed 4 feet per second (nighttime shall be defined as one half hour before sunset and one half hour after sunrise). This descent rate may be inspected by the Contracting Officer at any time. The observers will notify the dredge operator if manatees enter within the designated safety distances.

(9) In order to better observe manatees during nighttime clamshell operations, the Contractor shall use shielded lights to illuminate the water surface for 75 feet around the hoist line (cable attached to bucket), the starboard and port sides of the dredge, and the stern of the dredge. These lights shall be shielded and/or positioned such that they are not visible from any sea turtle nesting beaches immediately north and south of Port Canaveral. The light intensity shall be a minimum of 54 lux (5 foot candles) at the water surface throughout this illuminated area including the edge. The Contractor shall also have a handheld spotlight with a minimum of 10,000,000 candle power available to better observe manatees outside of this illuminated area. The Contractor shall measure the size of the illuminated area, intensity of the specified illumination, and assess its direct visibility from adjacent beaches and shall provide written notification to the Contracting Officer and to the Chief, Jacksonville District, Environmental Branch, that each of these requirements have been met prior to commencement of dredging. No night-time operations shall commence or continue if one or more of these lighting parameters do not comply with the required specifications. The illumination and line of sight will be inspected by the Contracting Officer prior to commencement of dredging and anytime during the duration of the dredging operations.

SECTION 01 57 20 Page 16

(10) If the marine animal observers determine that detection of manatees during certain weather conditions (i.e. fog, rain, wind, etc.) is not possible, then dredging operations shall cease until weather conditions improve and detection is again possible. See Bid Schedule, note (6) for Standby time. Standby time for endangered species monitoring will not be paid for if the dredge cannot operate for any other reason to include but not be limited to, weather that would prevent dredging, mechanical breakdowns, ship movements, launches from Cape Canaveral, etc. If the work stoppages exceed one hour (per event) or 4 hours in any 24 hour period (multiple events), the Contractor shall immediately notify the Contracting Officer. Standby time as shown on the bid schedule shall not be paid for cessation of dredging operations unless directed by the Contracting Officer or the Contracting Officer's Representative. The observers shall report any issues of non-compliance with the special operating measures to the Contracting Officer and record these instances on their Daily Control Reports. The Contractor shall install a video surveillance camera that is aimed at the front of the dredge. The surveillance equipment must be capable of recording to a hard drive. The lens must be of sufficient power to discern the sea state as well as general weather conditions such as fog, rain, and rough seas caused by wind. The imagery must be unwavering and the camera contained in all weather housing capable of tolerating a marine environment. It must be operated continuously throughout the duration of the project. The camera recording must be able to also show time and date. Access to all video recordings must be provided to the Contracting Officer and Contracting Officer's Representative. The live feed of this video shall be placed on an Internet site and access to this site shall be provided to the Contracting Officer and the Chief, Environmental Branch, Jacksonville District USACE. The Contractor shall notate on their daily Quality Control Report any work stoppages due to the presence of Endangered Species (i.e. manatees and sea turtles).

(11) Non-compliance with any one of the above special operating conditions for manatees shall require immediate notification to the Contracting Officer and the Chief, USACE Jacksonville District, Environmental Branch, at 904-232-1665, or on the morning of the following work day if it occurs after normal work hours.

In addition, all dredging activity shall cease immediately and all measures taken to comply with the conditions. Dredging shall not resume until corrective measures are taken, and compliance with the conditions is achieved.

b. Special Operating Conditions for Sea Turtles

(1) In conjunction with the special operating conditions for manatees, the marine animal observers shall also log details on sea turtles, include time of observation, estimated distance of sea turtles from the dredge, type of behavior (e.g., passing through, pausing in the vicinity of the project, responding to dredge activity, coming into contact with any stopped vessel, etc.), detection method (e.g., unaided visual, polarized glasses, infrared, light…