B.08.03 W912EP20B0013 OWW Reach 3 and 4, Amendment 0007.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

OKEECHOBEE WATERWAY, REACH 3 AND 4 ON THE ST. LUCIE RIVER MAINTENANCE DREDGING 8-FOOT PROJECT MARTIN COUNTY, FLORIDA

1. See SF30 Continuation Sheet for Amendment Details.

2. The Bid Opening Date Remains Unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 49

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 W912EP20B0013

X 9B. DATED (SEE ITEM 11)

01-Oct-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X is not extended.

(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

09-Nov-2020

0CODE

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:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is 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:

X

SF 30 CONTINUATION SHEET

Okeechobee Waterway, Reach 3 and 4 on the St. Lucie River, Maintenance Dredging 8-Foot Project

Martin County, Florida

W912EP20B0013 1 Amendment 0007

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by underlined GREEN BOLD TEXT and deletions noted by strikethrough, and pertain only to changes made by this revision. The entire section is replaced if there is any change. The Project Table of Contents and Submittal Register are replaced without underlines and strikethrough if there are changes to these documents. New sections are added without underlines and strikethrough.

Changes to Specifications:

Volume 1 of 2 - Contract Clauses:

DELETE Section 00010A, Line Items and Pricing Schedule and REPLACE with the attached Section 00010A, Line Items and Pricing Schedule.

Volume 2 of 2 - Technical Specifications:

ADD Appendix A, Section 01 57 20.

DELETE Section 01 11 00 and REPLACE with the attached Section 01 11 00.

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

2. DRAWINGS:

NONE.

(End of Summary of Changes)

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

Okeechobee Waterway, Reach 3 and 4 on the St. Lucie River

Maintenance Dredging 8-Foot Project

Martin County, Florida

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE - DREDGE AREAS 1 AND 2

0001 MOBILIZATION AND DEMOBILIZATION JOB $_______________

0002 EXCAVATION, UNCLASSIFIED (SEE NOTE 2) 45,400 CUBIC YARD $_____________ $_______________

(ESTIMATED QUANTITY)

0003 TURBIDITY MONITORING JOB $_______________

0004 ENVIRONMENTAL SPECIES MONITORING JOB $_______________

0005 PARTNERING REGROUP 1 EACH $_____________ $_______________

0006 CONTRACTING OFFICER'S OFFICE SPACE 5 MONTH $_____________ $_______________

0007 CLEARING VEGETATION 0.40 ACRE $_____________ $_______________

TOTAL BASE (LINE ITEMS 0001 THROUGH 0007)

OPTION A

0008 GOPHER TORTOISE RELOCATION 6 EACH $_____________ $_______________

OPTION B

0009 EXCAVATION, UNCLASSIFIED (SEE NOTE 2) 19,250 CUBIC YARD $_____________ $_______________

(ESTIMATED QUANTITY)

0010 TURBIDITY MONITORING JOB $_______________

0011 ENVIRONMENTAL SPECIES MONITORING JOB $_______________

TOTAL OPTION B (LINE ITEMS 0009 THROUGH 0011) $_______________

TOTAL BASE + OPTION A + OPTION B (LINE ITEMS 0001 THROUGH 0011) $_______________

NOTES:

(1) OFFER MUST PRICE ALL LINE ITEMS.

(2) INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SHOALING ESTIMATED TO OCCUR BETWEEN DATES OF

SURVEYS SHOWN ON DRAWINGS AND DREDGING.

W912EP20B0013 00010A-1 Amendment 0007

Okeechobee Waterway Reach 3 & 4 Maintenance Dredging

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

1.2 WORK COVERED BY CONTRACT DOCUMENTS

1.2.1 Project Description

1.2.2 Base and Option

1.2.3 Location

1.2.4 Safety Requirements

1.2.5 Work Performed by Others

1.3 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

1.4 LIQUIDATED DAMAGES - CONSTRUCTION

1.5 PHYSICAL DATA

1.5.1 Physical Conditions

1.5.2 Weather, Water Stage and Tide Data

1.5.3 Contractor Investigation

1.5.4 Maritime Traffic

1.5.5 Obstruction of Channel

1.5.6 Hydrographic Surveys

1.6 LAYOUT OF WORK

1.6.1 Established Project Control

1.6.2 Layout

1.6.3 Survey

1.7 DAMAGE TO WORK

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

1.8.1 Contractor Responsibility

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

SECTION 01 11 00 Page 1 W912EP20B0013 Amendment 0007

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

GDR Section 00 31 32, Geotechnical Data Report for Okeechobee Waterway, Reach 3 Maintenance Dredging, 8-Foot Project, Martin County, Florida.

EM 385-1-1 Safety and Health Requirements Manual

1.2 WORK COVERED BY CONTRACT DOCUMENTS

1.2.1 Project Description

This project will be divided into a Base plus one option. The work includes dredging shoal material from Okeechobee Waterway in Martin County, Florida to an 8-foot depth plus 1-foot allowable overdepth. The base work consist of dredge areas 1 and 2 as shown on the drawings. The option consist of dredge areas 3 through 8 as shown on the drawings. All dredged material will be placed in an existing Dredged Managed Material Area (DMMA), O-7, located approximately 9.0 miles from the eastern end of Reach 3. Other work includes clearing vegetation for the pipeline corridor. Incidental related work also includes turbidity monitoring, endangered species monitoring, and incidental related work.

1.2.2 Base and Option

This project consists of base and two options. The base consist of dredging Reach 3 with associated CLIN items. Option A is to relocate gopher tortoises. Option B consist of dredging Reach 4 with associated CLIN items.

1.2.3 Location

The project is located at between Crossroads of the Intercostal Waterway and St. Lucie Lock and Dam structure in Martin County, Florida. DMMA O-7 is located just north of the St. Lucie Lock structure within an agricultural field. Access to the DMMA site is via SW 96th Street and access road parallel to the C-44 St. Lucie Canal.

1.2.4 Safety Requirements

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

SECTION 01 11 00 Page 2

1.2.5 Work Performed by Others

See paragraph PROJECT COORDINATION of Section 01 30 00 ADMINISTRATIVE

PROCEDURES.

1.3 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

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

1.4 LIQUIDATED DAMAGES - CONSTRUCTION

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

1.5 PHYSICAL DATA

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

1.5.1 Physical Conditions

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and/or by core borings. When the indicated physical conditions are the result of site investigations by core borings, the core boring logs and laboratory data are in Section 00 31 32 GEOTECHNICAL DATA REPORT (GDR) and the core boring locations are shown on the drawings. Also, see the GDR for instructions concerning availability of core borings for inspection.

1.5.2 Weather, Water Stage and Tide Data

See Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA.

1.5.3 Contractor Investigation

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

1.5.4 Maritime Traffic

Marine Traffic in the project area consists of commercial, pleasure, and small recreational vessels of all types and sizes which can be accommodated by existing depths.

1.5.5 Obstruction of Channel

The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. Conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of any vessels, promptly move said plant on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work, promptly remove the plant, including ranges, buoys, piles, and other marks

SECTION 01 11 00 Page 3 placed under the Contract in navigable waters or on shore.

1.5.6 Hydrographic Surveys

Hydrographic surveys are posted as a separate electronic files. Survey numbers are indicated on the drawings.

1.6 LAYOUT OF WORK

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

1.6.1 Established Project Control

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

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

See Section 00 31 21 CONTROL MONUMENT DESCRIPTIONS.

1.6.2 Layout

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

1.6.3 Survey

Provide equipment, tools, material, labor for laying out any part of the work from the monuments, control data, and elevations established by the Government. Maintain and preserve all monuments, stakes and other marks established by the Contracting Officer until authorized to remove them, and if such marks or monuments are destroyed by the Contractor or through negligence, prior to their authorized removal, they may be replaced by the Contracting Officer, at their discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor.

The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

SECTION 01 11 00 Page 4

1.7 DAMAGE TO WORK

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

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

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

a. The weather experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than the adverse weather anticipated for the project location during any given month.

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

1.8.1 Contractor Responsibility

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the Contract, record on the daily CQC report the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. Include the number of actual adverse weather delay days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA (rounded to the nearest whole number), the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Clause DEFAULT (FIXED PRICE CONSTRUCTION) of Section 00700 CONTRACT CLAUSES in Volume 1.

SECTION 01 11 00 Page 5

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section --

SECTION 01 11 00 Page 6

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

1.2.2 NEPA Reference

1.3 QUALITY CONTROL

1.4 PERMITS AND AUTHORIZATIONS

1.5 SUBMITTALS

1.6 ENVIRONMENTAL PROTECTION PLAN

1.7 QUALIFICATIONS

1.7.1 Bird Monitoring Qualifications

1.7.2 Marine Animal Observer Qualifications (Clamshell/Mechanical

Only)

1.7.3 Gopher Tortoise Nesting Monitor And Relocation Qualifications

1.7.4 Eastern Indigo Snake Observer

1.8 SUBCONTRACTORS

1.9 NOTIFICATION

1.10 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS

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 Disturbed Areas

3.1.2.4 Contractor Facilities and Other Work Areas

3.1.2.5 Solid Wastes

3.1.2.6 Fuel, Oil, and Lubricants

3.1.2.7 Hazardous Waste

3.1.2.8 Hazardous Materials

3.1.2.9 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

SECTION 01 57 20 Page 1

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 Listed Species Protection

3.1.5.2 Protected Listed Species Sighting Reports

3.1.5.3 Protected Species Summary Report

3.1.5.4 Protection of Migratory Bird Species

3.1.5.5 Protection of Gopher Tortoise (GT) Populations (Gopherus polyphemus)

3.1.5.6 Protection of Eastern Indigo Snake Populations

3.1.6 Seagrass Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Burning

3.1.7.3 Odors

3.1.8 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

3.4.2 Invasive and Nuisance Species Reporting

3.4.2.1 Invasive And Nuisance Species Report

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 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

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

Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA);

National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA); National Pollution Discharge Elimination System (NPDES);

Research and Sanctuaries Act; Native American Graves Protection and Repatriation Act (NAGPRA); Resource Conservation and Recovery Act (RCRA);

Rivers and Harbors Act (R&H); Safe Drinking Water Act (SDWA); Toxic Substance Control Act (TSCA); Wild and Scenic Rivers Act (WSRA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Marine Mammal Protection Act (MMPA); Migratory Bird Treaty Act; Code of Federal Regulations (CFRs); Executive Orders; and, Environmental Protection Agency (EPA) requirements.

1.2.2 NEPA Reference

Commitments for the Contractor made in the NEPA document have been incorporated into these specifications. For additional background information, the NEPA document can be found at the following website:

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

1.3 QUALITY CONTROL

Establish and maintain quality control for environmental protection of all items set forth herein. Record on daily quality control reports or

SECTION 01 57 20 Page 3 attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

1.4 PERMITS AND AUTHORIZATIONS

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 Exemption under 403.813(3), Florida Statutes Verification on July 7, 2020 (Dredging).

b. Florida Department of Environmental Protection Permit No. SI 43-0296831-001; Effective Date: June 16, 2010 (O-7 DMMA).

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

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

Obtain and comply with the requirements of all 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 used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

Submit the following preconstruction submittal items no later than 30 calendar days after Award:

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

Pre-Construction Gopher Tortoise Survey ; G, DO

Indigo Snake Protection/Education Plan ; G, DO

SD-06 Test Reports

Protected Listed Species Sighting Reports ; G, DO

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

Marine Animal Observer Qualifications (Clamshell/Mechanical Only);

G, DO

Gopher Tortoise Nesting Monitor And Relocation Qualifications ; G, DO

Eastern Indigo Snake Observer ; G, DO

SECTION 01 57 20 Page 4

SD-11 Closeout Submittals

Protected Species Summary Report ; G, DO

Eastern Indigo Snake Monitoring Report ; G, DO

Logs/Summary Of Bird Nesting Monitoring Report ; G, DO

Gopher Tortoises Comprehensive Final Report ; G, DO

Invasive And Nuisance Species Report

1.6 ENVIRONMENTAL PROTECTION PLAN

Submit a draft Environmental Protection Plan no later than 5 calendar days after Notice to Proceed for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the plan will not relieve the Contractor of their 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 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 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. 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.

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

g. Traffic control plan.

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

i. Spill prevention. 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. Specify the 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. Include measures for marking the limits of use areas.

l. Include a statement as to the person who will 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 to the maximum extent practical. Mulching, composting, and other uses for trees should be considered. Also, recovery of metals at the job site, including aluminum cans, should be considered with proceeds to be retained by the Contractor. Non-Federal recycling and waste minimization efforts shall also be incorporated into this plan.

n. Turbidity Monitoring Plan. A statement as to the person who shall be responsible for turbidity monitoring and reporting to be performed.

Method of turbidity monitoring and reporting that will be performed.

The turbidity monitoring requirements of any special areas such as outstanding Florida waters.

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

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

q. Invasive and Nuisance Species Transfer Prevention Plan. The invasive and nuisance species transfer prevention plan shall identify specific transfer prevention procedures and designated cleaning sites/locations. The Contractor shall provide a report with photographs verifying that equipment brought on the site was cleaned.

The prevention plan and report shall be submitted to the Invasive Species Management Branch, Operations Division.

1.7 QUALIFICATIONS

The individual(s) shall have a combination of education and experience that demonstrates they have the knowledge and background to identify the species of concern and be able to fulfill the requirements of the

SECTION 01 57 20 Page 6 environmental specification. Resume/qualification submittals must specifically address the knowledge/experience with the species of concern. Any specific requirements for an environmental observer/monitor called out in environmental coordination or authorization documents (such as agency coordination letters, biological opinions, or permits) regarding the project area must be also addressed in the submittals.

1.7.1 Bird Monitoring Qualifications

No later than 5 calendar days after Notice to Proceed, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor(s). Appropriate qualifications for bird monitor(s) shall be a demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. Bird monitor(s) shall be familiar with the general information, data collection protocol, and data entry procedures outlined on the FF&WCC Florida Shorebird Database website (https://publictemp.myfwc.com/crossdoi/shorebirds/index.aspx). 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). The Bird Monitors shall meet the following minimum qualifications:

a. Has previously participated in beach-nesting bird surveys of Florida beach nesting birds and relevant work experience (provide references or resume). Experience with previous projects must document the ability to do the following:

(1) identify all species of beach-nesting birds by sight and sound,

(2) identify breeding/territorial behaviors, and find nests of shorebirds that occur in the project area,

(3) identify habitats preferred by shorebirds nesting in the project area.

b. Have a clear working knowledge of, and adhere to, the Breeding Bird Protocol for Florida’s Seabirds and Shorebirds:

(https://publictemp.myfwc.com/crossdoi/shorebirds/resources.aspx)

c. Have completed full-length webinars: Route Surveyor Training and Rooftop Monitoring Training, including annual refresher training.

Training resources can be found on the Florida Shorebird Database (FSD): https://publictemp.myfwc.com/crossdoi/shorebirds/index.aspx

d. Familiar with FF&WCC beach driving guidelines:

www.myfwc.com/conservation/you-conserve/wildlife/beach-driving.

e. Experience posting beach-nesting bird sites, consistent with Florida Shorebird Alliance (FSA) Guidelines (https://flshorebirdalliance.org/resources/instructions-resources/).

Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.7.2 Marine Animal Observer Qualifications (Clamshell/Mechanical Only)

Submit to the Contracting Officer for approval, the qualifications of the marine animal observer no later than 5 calendar days after Notice to Proceed. A resume of demonstrated experience monitoring manatees and

SECTION 01 57 20 Page 7 marine turtles and their behaviors in association with in-water construction projects is required. Specifically, include a table with the names and locations of specific in-water construction projects that observers have worked on. Also, the table shall include for each in-water construction project the permit number(s), the estimated amount of time (hours) spent observing, the estimated number of manatees and marine turtles seen, and whether the work was ever halted due to manatees or marine turtles in the area. Complete the FWC Protected Marine Species Observer Information Form (see CONSTRUCTION FORMS AND DETAILS) for each marine animal observer to document their experience.

1.7.3 Gopher Tortoise Nesting Monitor And Relocation Qualifications

Submit qualifications and permit no later than 5 calendar days after Notice to Proceed. A FF&WCC permitted Contractor is required to be approved by the Contracting Officer to accomplish the gopher tortoise monitoring and relocation (as necessary) of this section unless they demonstrate to the satisfaction of the Contracting Officer the capability to accomplish gopher tortoise monitoring and recovery by obtaining a permit from the FF&WCC to take turtles.

1.7.4 Eastern Indigo Snake Observer

Submit the qualifications of the eastern indigo snake observer no later than 5 calendar days after Notice to Proceed. Submit the name(s) and qualifications of the proposed observer for approval. The information submitted should indicate what experience the individual has that would qualify the person to act as an indigo snake observer.

1.8 SUBCONTRACTORS

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

1.9 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 environmental protection specifications. 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, 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.

1.10 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

Provide qualified personnel 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

SECTION 01 57 20 Page 8 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. Identify the Quality Control personnel in the Quality Control Plan submitted in accordance with Section

01 45 05 DREDGING/BEACH FILL PLACEMENT - CONTRACTOR QUALITY CONTROL.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, 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. Confine 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, 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, implement procedures to control and correct environmental damage. Coordinate with the Contracting Officer if environmental protection measures fail.

3.1.1.1 Sewage-Based Systems Environmental Design and Installation Criteria

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

SECTION 01 57 20 Page 9 the FAC. Adhere to Best Management Practices from the applicable agencies in the design.

3.1.2 Protection of Land Resources

Prior to the beginning of any construction, identify all land resources to be preserved or avoided within the work area. Remove materials displaced into not cleared areas. Do 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. Engage a qualified tree surgeon to perform all tree surgery. 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, 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, mark the areas that are not required to accomplish all work to be performed under this Contract. Mark or fence isolated areas within the general work area to be saved and protected.

Protect existing trees designated to remain. Provide protection of tree roots against noxious materials in solution caused by run-off or spillage. Fires shall be located outside the canopy of protected trees.

Do not store materials, trailers, or equipment within the drip line of any protected tree. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. Convey to personnel the purpose of marking and/or protection of all necessary objects.

3.1.2.2 Protection of Landscape

Trees and their roots, shrubs, vines, grasses, land forms, and other landscape features [indicated and defined on the drawings to be preserved] 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, hand dig under and around roots or bore under them. 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.

SECTION 01 57 20 Page 10

b. Excavation for Structures: Where excavating for new construction is required within tree drip lines, hand excavate to minimize damage to root systems. Use narrow tine pitchforks and comb soil to expose roots. Relocate roots in backfill areas. If large, main lateral roots are encountered that are exposed beyond the excavation limits, bend and relocate these roots without breaking or girdling. If roots are encountered immediately adjacent to new construction such that relocation is not practical, saw roots approximately 3 inches 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. Irrigate affected areas daily until final grade conditions are established and the exposed roots are backfilled properly for continued plant growth.

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

3.1.2.3 Disturbed Areas

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: Construct or install temporary and permanent erosion and sedimentation control features as directed by the Contracting Officer. Place temporary velocity dissipation devices along drainage courses so as to provide for non-erosive flows. Maintain temporary erosion and sediment control measures such as berms, dikes, drains, sediment traps, sedimentation basins, grassing, mulching, baled hay or straw, and silt fences 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 shall contain ultraviolet ray inhibitors and stabilizers and be a minimum of 36 inches in width. Bury the toe of the fence at least 8 inches deep to prevent undercutting and secure to posts by suitable staples, tie wire, or hog rings. Posts shall have a cross section of at least 1-1/2 inch by 1-1/2 inch hardwood or 2 inch by 4 inch softwood, and a minimum of 4 feet in length. If work is performed in area with karst/limestone soils, metal stakes or rebar may be used. Overlap fence to the next post if fabric joints are necessary.

c. Sediment Basins: Trap sediment from construction areas in temporary or permanent sediment basins. The basins shall accommodate the runoff of a local 24-hour storm. After each storm, pump the basins dry and accumulated sediment and remove as necessary to maintain basin effectiveness. Control overflow by paved weir or by vertical overflow

SECTION 01 57 20 Page 11 pipe, draining from the surface. Reuse the collected topsoil sediment for fill on the construction site, and/or conserved (stockpiled) for use at another site(s). Institute effluent quality monitoring programs as required by State and local environmental agencies.

3.1.2.4 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. Manage borrow or dredge material management (DMMA) areas to minimize erosion and to prevent sediment from entering nearby watercourses, wetlands, or lakes. Manage and control dredged material areas 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. Develop dredged material areas in accordance with the grading plan indicated on the drawings. Control temporary excavation and embankments for plant and/or work areas to protect adjacent areas from despoilment. If there is suspicion that sediment may be unsuitable for disposal at a specified location, immediately take measures to contain the suspect sediment and notify the Contracting Officer.

3.1.2.5 Solid Wastes

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Conduct handling and disposal to prevent contamination. Haul solid waste materials to a solid waste disposal site approved by the Contracting Officer. Comply with Federal, State and local regulations pertaining to the use of the solid waste disposal site.

3.1.2.6 Fuel, Oil, and Lubricants

Manage fuel, oil, and lubricants in order to prevent spills and evaporation. Provide a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb for fuel dispensers to prevent spills. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Clean pans 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, immediately recover the contaminated ground and dispose of it offsite in an approved area. Store petroleum waste generated in marked corrosion-resistant containers and recycled or disposed of in accordance with 40 CFR 279, State, and local regulations.

3.1.2.7 Hazardous Waste

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

3.1.2.8 Hazardous Materials

Ensure that hazardous materials are labeled, stored, and transported in accordance with 49 CFR 173, State and local regulations.

3.1.2.9 Disposal of Other Materials

Handle other materials than previously discussed (Construction and

SECTION 01 57 20 Page 12

Demolition, vegetative waste, etc.) as directed by the Contracting Officer.

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

3.1.3.1 Applicable Law

A number of Federal laws require protection of cultural resources. Two laws, in particular, can be potentially involved with construction 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 avoidance area on the contract drawings or other documents. If so designated, install protection for these resources and preserve during the Contract's duration. Do not dredge, spud, or anchor within the designated avoidance area. Do 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, items that may have historic or archaeological origin are observed, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified.