B.08.03 Amendment 0001, Mayport-Jax Harbor.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

Maintenance Dredging, U.S. Naval Station Mayport, 50-Foot Project, Jacksonville Harbor, 47-Foot Project, and Construction Dredging, Jacksonville Harbor High Spot Removal Duval County, Florida

A. See Continuation Sheet for Amendment Details B. Bid Opening Date of 03 Novemeber 2020, remains unchanged

1. CONTRACT ID CODE PAGE OF PAGES

J 1 59

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 W912EP20B0014

X 9B. DATED (SEE ITEM 11)

02-Oct-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-Oct-2020

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SF 30 CONTINUATION SHEET

Maintenance Dredging, U.S. Naval Station Mayport, 50-Foot Project, Jacksonville Harbor, 47-Foot Project, and Construction Dredging, Jacksonville Harbor High Spot Removal, Duval County, Florida

W912EP20B0014 2 Amendment 0001

SUMMARY OF CHANGES

1. SPECIFICATIONS:

Text changes have been updated with additions noted by underlined text (green in PDF) and deletions noted by line/cross-outs (red in PDF). These text changes pertain only to changes made by this amendment.

DELETE Section 00800A and REPLACE with the attached revised Section 00800A.

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

ADD new Section 01 57 20, Appendix B.

ADD new Section 01 57 20, Appendix C.

2. DRAWINGS: No change to drawings.

(End of Summary of Changes)

ADDENDUM TO SECTION 00800A, WAGE DETERMINATIONS & OTHER

ATTACHMENTS ARE HEREBY PROVIDED:

THIS PROJECT INCORPORATES THE STATEWIDE HEAVY DREDGING WAGE

DECISIONS FOR FLORIDA

No. Title Date No. of Pages 1 Note --- 2 General Decision Number FL20200002 10/02/2020 66 3 General Decision Number FL20200003 01/03/2020 5

NOTE

EXECUTIVE ORDER (EO) 13658 ESTABLISHES AN HOURLY MINIMUM WAGE OF

$10.80 FOR 2020 THATAPPLIES TO ALLCONTRACTSSUBJECT TO THE DAVIS-

BACON ACT FOR ALL HOURS PERFORMED ON THE CONTRACT IN CALENDAR

YEAR 2020

IF YOU HAVE ANY QUESTIONS CONCERNING THE APPLICATION OF THE WAGE

DECISIONS FURNISHEDFOR THISPROJECT, PLEASE CONTACT:

FRAN RUSSELL, OFFICE OF COUNSEL, JACKSONVILLE DISTRICT,

CORPSOF ENGINEERS AT fran.g.russell@usace.army.mil

W912EP20B0014 Section 00800A-1 Amendment 0001

"General Decision Number: FL20200002 10/02/2020

Superseded General Decision Number: FL20190002

State: Florida

Construction Type: Heavy Dredging

Counties: Florida Statewide.

Dredging Construction Projects FLORIDA (Excluding West of the Aucilla River and its tributary waterways)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 10/02/2020

* ENGI0025-002 10/01/2020

Rates Fringes

Dredging : (Hydraulic Dredges Over 20"") CLASS A1....................$ 41.42 18.31+a

W912EP20B0014 1 Amendment 0001

CLASS A2....................$ 36.91 18.31+a CLASS B1....................$ 35.82 18.31+a CLASS B2....................$ 33.72 18.31+a CLASS C1....................$ 32.80 18.21+a CLASS C2....................$ 31.74 18.21+a CLASS D.....................$ 26.37 18.11+a

Hydraulic Dredges Under 20"" Cook........................$ 8.11 1.73+b Deckhand....................$ 7.77 1.73+b Engineer....................$ 9.59 1.73+b Launchman...................$ 8.19 1.73+b Leverman....................$ 10.03 1.73+b Mate........................$ 8.82 1.73+b Mess Cook...................$ 7.71 1.73+b Messman & Janitor...........$ 7.53 1.73+b Oiler & Fireman.............$ 8.11 1.73+b Shoreman....................$ 7.82 1.73+b Spider Barge Operator.......$ 8.68 1.73+b Spill Barge Operator........$ 8.68 1.73+b Welder......................$ 9.79 1.73+b

CLASSIFICATIONS:

CLASS A1: Deck Captain, Leverman, Mechanical Dredge Operator.

Licensed Tug Operator over 1000 HP CLASS A2: Crane Operator (360 swing) CLASS B1: Derrick Operator (180 swing), Spider/Spill Barge Operator, Timber Fork Operator, Dozer Operator, Engineer, Blaster/Driller, Fill Placer, Electrician, Licensed Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

CLASS C1: Mate, Drag Barge Operator, Welder, Assistant Fill

Placer, Steward.

CLASS C2: Boat Operator.

CLASS D: Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Oiler, Janitor, Drill Oiler

PREMIUMS: Additional 20% for hazardous material work

FOOTNOTE APPLICABLE TO ABOVE CRAFTS:

a. New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

Vacation Contribution of 8% of straight time rate multiplied by the total hours worked.

b. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Plus Vacation contribution of 8% of straight time pay for all hours worked.

INCENTIVE PAY : (Add to Hourly Rate)

W912EP20B0014 2 Amendment 0001

Operator (NCCCO License/Certification) $1.80; Licensed Tug Operator over 1000 HP (Assigned as Master) USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed Boat Operator (assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80; Oiler QMED and Tankerman endorsement (USCG) $1.80; All classifications Tankerman endorsement only (USCG) $1.55; Deckhand or Mater AB w/Lifeboatman only (USCG) $1.80; Welder (ABS certification) $1.55

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical

W912EP20B0014 3 Amendment 0001 order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the

W912EP20B0014 4 Amendment 0001 classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

W912EP20B0014 5 Amendment 0001

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

W912EP20B0014 6 Amendment 0001

"General Decision Number: FL20200003 01/03/2020

Superseded General Decision Number: FL20190003

State: Florida

Construction Types: Heavy Dredging

Counties: Florida Statewide.

HOPPER DREDGE CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020

SUFL1993-010 05/24/1993

Rates Fringes

W912EP20B0014 7 Amendment 0001

Self-Propelled Hopper Dredge Drag Tenders................$ 8.21

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

W912EP20B0014 8 Amendment 0001

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current

W912EP20B0014 9 Amendment 0001 negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

W912EP20B0014 10 Amendment 0001

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

W912EP20B0014 11 Amendment 0001

M/D, USNS Mayport, 50-Ft Project, Jax Harbor, 47-Ft Project, and C/D, Jax Harbor High Spot Removal

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 REFERENCES

1.4 QUALITY CONTROL

1.5 PERMITS AND AUTHORIZATIONS

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.8 QUALIFICATIONS

1.8.1 Bird Monitoring Qualifications

1.8.2 Marine Animal Observer Qualifications (Clamshell/Mechanical

Only)

1.8.3 Endangered Species Observer and Trawl Supervisor

Qualifications (For Hopper Dredges Only)

1.8.4 Sturgeon Protected Species Observer (PSO)

1.9 SUBCONTRACTORS

1.10 NOTIFICATION

1.11 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 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

SECTION 01 57 20 Page 1 W912EP20B0014 Amendment 0001

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 Endangered Species Observers (Hopper Dredge Only)

3.1.5.3 Manatee, Sea Turtle, and Whale Sighting Reports

3.1.5.4 Disposition of Endangered or Threatened Species Carcasses

3.1.5.5 Protected Species Summary Report

3.1.5.6 Hopper Dredge Equipment

3.1.5.7 Sea Turtle Trawling and Relocation (For Hopper Dredges

Only)

3.1.5.8 Sturgeon Monitoring (Cutterhead Only)

3.1.5.9 Protection of Migratory Bird Species

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

3.1.6 Protection of Air Resources

3.1.6.1 Particulates

3.1.6.2 Odors

3.1.7 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

3.4.2 Invasive and Nuisance Species Reporting

3.4.2.1 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 REFERENCES

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

SECTION 01 57 20 Page 3 designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-1-1003 (2011) NAVSTAR Global Positioning System Surveying

1.4 QUALITY CONTROL

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

1.5 PERMITS AND AUTHORIZATIONS

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.

Jacksonville Harbor Construction Dredging, High Spot Removal (Option B):

a. Department of the Army Rivers and Harbors Act (RHA) Section 10 and Marine Protection, Research, and Sanctuaries Act (MPRSA) Section 103 Permit (PENDING).

b. Jacksonville Ocean Dredged Material Disposal Site, Site Management and Monitoring Plan (SMMP), issued 16 September 2015 and expires on 15 December 2025.

c. National Marine Fisheries Service NMFS South Atlantic Regional Biological Opinion (SARBO);

https://www.fisheries.noaa.gov/content/endangered-species-act-section-7-biological-opinions-southeast

Jacksonville Harbor Maintenance Dredging (Option A):

a. Florida Department of Environmental Protection JCP Permit No.

0303186-001-JC; issued Date: May 23, 2012; Expiration Date: May 23, 2022; Modification No. 0303186-005-JN September 16, 2020.

b. U.S. Environmental Protection Agency, Region 4, 103 concurrence for disposal of dredged material from Jacksonville Harbor Maintenance Dredging Project into the Jacksonville Ocean Dredged Material Disposal Site (ODMDS), issued 11 December 2018, and valid until 11 December 2021.

c. Jacksonville Ocean Dredged Material Disposal Site, Site Management and Monitoring Plan (SMMP), issued 16 September 2015 and expires on 15 December 2025.

d. Florida Department of Environmental Protection Operation Permit for Buck Island, No. 16-297486-002-ES, Effective date April 15, 2012.

Mayport Maintenance Dredging (Base):

a. Florida Department of Environmental Protection Permit No.

0298451-006BE Exemption; effective 12/27/2016.

SECTION 01 57 20 Page 4

b. DA RHA Section 10 Permit SAJ-2002-02052-(SP-BAL); effective 7/17/2014; expires 7/17/2024.

c. EPA MPRSA Section 103 Concurrence; effective 7/25/2019 and expires 7/25/2022.

d. Jacksonville Ocean Dredged Material Disposal Site, Site Management and Monitoring Plan (SMMP), issued 16 September 2015 and expires on 15 December 2025.

e. NMFS South Atlantic Regional Biological Opinion (SARBO).

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/

The South Atlantic Regional Biological Opinion (SARBO) for Dredging and Material Placement Activities in the Southeast United States (2020 SARBO) is located at (https://www.fisheries.noaa.gov/content/endangered-species-act-section- 7-biological-opinions-southeast)

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

1.6 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

Submit the following preconstruction submittal items no later than 5 calendar days after Notice to Proceed:

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

Weekly Logs/Summary Of FWC Hopper Dredge Reports ; G, DO

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

Marine Animal Observer Qualifications (Clamshell/Mechanical Only);

G, DO

Endangered Species Observer and Trawl Supervisor Qualifications (For Hopper Dredges Only) ; G, DO

Sturgeon Protected Species Observer (PSO) ; G, DO

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SD-11 Closeout Submittals

Protected Species Summary Report ; G, DO

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

Comprehensive Trawl Sweeping Daily Logs ; G, DO

Endangered Species Observer Program Final Report ; G, DO

Invasive And Nuisance Species Report

1.7 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.

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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. 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. Operational plan to achieve protection of sea turtles during hopper dredge(s) operation.

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

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

r. Before the start of dredging, the Contractor shall provide one whale observer email address to receive aerial survey-related notification (status, fly/no-fly plans, etc.) that will be immediately sent to all active vessels working in water for the project. The email address will be provided to nmfs.ser.rw.subscribe@noaa.gov and Angie Dunn, Chief, Environmental Branch angela.e.dunn@usace.army.mil.

s. All captains of dredges, relocation trawlers, survey vessels, and support vessels over 33-ft in length will provide a text message address to receive real-time whale alerts throughout the calving

SECTION 01 57 20 Page 7 season to nmfs.ser.rw.subscribe@noaa.gov . The text message address will be provided at least 14 days prior to the start of dredging or annually on November 1 if the vessel is utilized year round.

t. Endangered Species Watch Plan detailing how the requirements to minimize the risk of a North Atlantic right whale/dredge vessel interaction will be accomplished.

u. Invasive and Nuisance Species Transfer Prevention Plan.

1.8 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 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.

1.8.1 Bird Monitoring Qualifications

No later than 30 calendar days after Award, 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

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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/media/1055/fsapostingguidelines.pdf).

Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.8.2 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 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.

1.8.3 Endangered Species Observer and Trawl Supervisor Qualifications (For Hopper Dredges Only)

Submit the names of the endangered species observer-biologists (ESOs) to perform the monitoring for this contract no later than 5 calendar days after Notice to Proceed. Only NMFS pre-approved ESOs are authorized to monitor threatened/endangered species takes by hopper dredges. A pre-approved list of ESOs can be obtained by contacting NOAA Fisheries' Northeast Region, Protected Resources Division at 978-282-8460/(978)-281-9291.

1.8.4 Sturgeon Protected Species Observer (PSO)

Submit the names and resumes of the sturgeon protected species observer to perform the monitoring for this contract no later than 5 calendar days after Notice to Proceed. The PSO will have training in identification of fish parts. A resume of demonstrated experience monitoring sturgeons and their behaviors in association with in-water construction projects is preferred. Information on sturgeon identification is provided in PSO Project Design Criteria (PDCs) in Appendix H of 2020 National Marine Fisheries Service (NMFS) South Atlantic Regional Biological Opinion (SARBO; Attachment B).

1.9 SUBCONTRACTORS

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

1.10 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

SECTION 01 57 20 Page 9

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.

1.11 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 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, seagrass or hardbottoms 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

SECTION 01 57 20 Page 10 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 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.