Amendment 0002.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

See Summary of Changes

1. CONTRACT ID CODE PAGE OF PAGES

J 1 82

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 W912EP20R0021

X 9B. DATED (SEE ITEM 11)

28-Jul-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 X is extended, is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

A00002

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Aug-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:

X 1

SF 30 CONTINUATION SHEET

CENTRAL EVERGLADES PLANNING PROJECT (CEPP)SOUTH CONTRACT 1,

L-67A STRUCTURES (S-631, S-632, and S-633), SPOIL PILE REMOVAL AND L-67C GAP PROJECT

MIAMI-DADE COUNTY, FLORIDA

W912EP-20-R-0021 1 REVISION 0002

SUMMARY OF CHANGES

1. SPECIFICATIONS:

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

Changes to Specifications:

Volume 1 of 2 – Contract Clauses:

N/A

Volume 2 of 2 – Technical Specifications:

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

DELETE Section 01 57 25 and REPLACE with the attached Section 01 57 25.

DELETE Section 03 31 01 and REPLACE with the attached Section 03 31 01.

DELETE Section 31 23 00 and REPLACE with the attached Section 31 23 00.

3. DRAWINGS:

DELETE Drawing G-05 and REPLACE with the attached Drawing G-05.

(End of Summary of Changes)

CEPP South Contract 1, L-67A Structures (S-631, S-632 & S-633), Spoil Pile Removal and L-67C Gap Project, Miami-Dade County, FL

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 ARCHAEOLOGICAL MONITORING

1.7.1 Weekly Logs/Summary Of Archaeological Monitoring

1.8 QUALIFICATIONS

1.8.1 Bird Monitoring Qualifications

1.8.2 Eastern Indigo Snake Observer

1.8.3 Florida Bonneted Bat Qualifications

1.8.4 Manatee Observer Qualifications

1.8.5 Archaeological Monitor Qualifications

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 Petroleum-Based Systems Environmental Design and

Installation Criteria

3.1.1.2 Sewage-Based Systems Environmental Design and Installation

Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Protection of Landscape

3.1.2.3 Unprotected Erodible Soils

3.1.2.4 Disturbed Areas

3.1.2.5 Contractor Facilities and Other Work Areas

3.1.2.6 Solid Wastes

3.1.2.7 Fuel, Oil, and Lubricants

3.1.2.8 Hazardous Waste

3.1.2.9 Hazardous Materials

3.1.2.10 Soil/Sediment Reuse, Testing and Disposal

3.1.2.11 Disposal of Other Materials

3.1.3 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.3.1 Applicable Law

SECTION 01 57 20 Page 1 W912EP-20-R-0021 Amendment 0002

3.1.3.2 Known Resources

3.1.3.3 Cultural Resources Training

3.1.3.4 Inadvertent Discoveries

3.1.3.5 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

3.1.4.1 Washing and Curing Water

3.1.4.2 Cofferdam and Diversion Operations

3.1.4.3 Stream Crossings

3.1.4.4 Monitoring of Water Areas

3.1.4.5 Turbidity

3.1.4.6 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

3.1.4.7 Wetlands Protection

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Training

3.1.5.2 Listed Species Protection

3.1.5.3 Protected Species Summary Report

3.1.5.4 Protection of Migratory Bird Species

3.1.5.5 Protection of Everglade Snail Kite (Rostrhamus sociabilis plumbeus)

3.1.5.6 Protection of Wood Stork (Mycteria americana)

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

3.1.5.8 Protection of Eastern Indigo Snake Populations

3.1.5.9 Protection of the West Indian (Florida) Manatee

(Trichechus manatus latirostris)

3.1.5.10 Manatee Monitoring

3.1.5.11 Protection of Florida Bonneted Bat (FBB) Populations

3.1.6 Protection of Air Resources

3.1.6.1 Particulates

3.1.6.2 Burning

3.1.6.3 Odors

3.1.7 Protection of Sound Intrusions

3.1.8 Blasting Plan

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/

On that page, click on the "+" next to "Multiple Counties". Scroll down to the project name (Environmental Assessment Central Everglades Planning Project South: Interim Operations).

SECTION 01 57 20 Page 3

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 attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

1.4 PERMITS AND AUTHORIZATIONS

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

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

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 CERPRA No.

0387130-001 ; Effective Date: August 17, 2020 PENDING; Expiration Date: August 17, 2025 PENDING.

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

1.5 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

Indigo Snake Protection/Education Plan ; G, DO

SECTION 01 57 20 Page 4

SD-02 Shop Drawings

Weekly Logs/Summary Of Archaeological Monitoring ; G, DO

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

Eastern Indigo Snake Observer ; G, DO

Florida Bonneted Bat Qualifications ; G, DO

Archaeological Monitor Qualifications ; G, DO

Manatee Observer Qualifications ; G, DO

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

Invasive And Nuisance Species Report

Cultural Resource Monitoring Report ; G, DO

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.

SECTION 01 57 20 Page 5

Provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the environmental protection plan.

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

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

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

g. Traffic control plan.

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

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

SECTION 01 57 20 Page 6

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

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

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

s. A protection and education plan for the Everglades Snail Kite.

t. A protection and education plan for the Wood Stork.

u. A protection and education plan for the American alligator.

v. A protection and education plan for Manatees.

w. Disposal plan for any soils moved off project site.

x. 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.

y. A procedure for sending personnel working on site to training in accordence witn subparagraph "Training" under subparagraph "Protection of Fish and Wildlife Resources" below.

z. Blasting Plan.

aa. Archeological Monitoring Plan.

1.7 ARCHAEOLOGICAL MONITORING

1.7.1 Weekly Logs/Summary Of Archaeological Monitoring

Contractor shall email weekly Archaeological Monitoring Reports to the Contracting Officer.

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 NTP, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor/observer. Appropriate qualifications for bird monitor/observer shall be a demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. The Contractor shall consult with and coordinate all monitoring plans and activities with the Contracting Officer and the Project Biologist indicated in the ECM (See paragraph PERMITS AND AUTHORIZATIONS above).

SECTION 01 57 20 Page 7

1.8.2 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.

1.8.3 Florida Bonneted Bat Qualifications

Submit the qualifications of the Florida Bonneted Bat surveyor (s) 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 a Florida Bonneted Bat surveyor.

1.8.4 Manatee Observer Qualifications (Blasting In-Water Work Only)

Submit to the Contracting Officer for approval, the qualifications of the dedicated manatee observer no later than 5 calendar days after Notice to Proceed. A resume of demonstrated experience monitoring manatees 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 seen, and whether the work was ever halted due to manatees in the area. Complete the FWC Protected Marine Species Observer Information Form (see CONSTRUCTION FORMS AND DETAILS) for each manatee observer to document their experience.

1.8.5 Archaeological Monitor Qualifications

Within 5 calendar days after the date of Notice to Proceed, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the archaeological monitor. Appropriate qualifications for the monitor shall meet or exceed the professional standards outlined in the Secretary of The Interior Professional Qualification Standards for Archaeology as outlined in 36 CFR Part 61.

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 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

SECTION 01 57 20 Page 8 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 04 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 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.

SECTION 01 57 20 Page 9

3.1.1.1 Petroleum-Based Systems Environmental Design and Installation Criteria

Provide a statement of site suitability for petroleum based systems.

Include what would be necessary to prevent adverse impact to water quality; natural resources; habitat; historic, cultural, and archeological sites; and fragile local resources in the event of a fuel spill. Consider human error and mechanical/electrical failure of components without human intervention in the design with regard to spills. Additionally, incorporate appropriate noise and emissions controls into the design, including vapor and exhaust controls.

At a minimum, include the following environmental protection design requirements: (1) stationary tanks and piping shall have secondary containment features; (2) utilize approved materials and corrosion protection systems; (3) system leaks shall be readily detected and contained without human intervention; and, (4) provide overfill containment systems.

Adhear to Federal, State, and local codes and requirements in the design, including those of the U.S. Environmental Protection Agency (EPA), the State of Florida, the South Florida Water Management District (SFWMD), and other local governing agencies such as those of counties and municipalities. In the case of the State, requirements include Chapter of the Florida Administrative Code (FAC) such as 62-17 (Approved Materials), 62-252 (Vapor Emissions), 62-296 (Emissions), 62-761 (Underground Storage Tanks), and 62-762 (Aboveground Tanks). Note that Chapters 62-761 and 62-762 of the FAC may be combined into one Chapter. Adhere to Best Management Practices from the applicable agencies in the design.

3.1.1.2 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. 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

SECTION 01 57 20 Page 10 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 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.

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

SECTION 01 57 20 Page 11 caliper, the replace the tree with one 4 inch caliper tree per 4 inch caliper increment or fraction thereof.

3.1.2.3 Unprotected Erodible Soils

Finish earthwork brought to final grade as indicated in the contract drawings. Protect side slopes and back slopes as soon as practicable upon completion of rough grading. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils. Except in instances where the constructed feature obscures borrow areas, quarries, and waste material areas, these areas shall not initially be totally cleared. Clearing of such areas shall progress in reasonably sized increments as needed to use the areas developed as approved by the Contracting Officer.

3.1.2.4 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 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.

SECTION 01 57 20 Page 12

3.1.2.5 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.

3.1.2.6 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.

3.1.2.7 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.

3.1.2.8 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.

3.1.2.9 Hazardous Materials

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

3.1.2.10 Soil/Sediment Reuse, Testing and Disposal

If excavated soil or sediment are reused on site or transported off site, the material may need to be characterized for residual concentrations of contaminants by the Contractor, depending on the final material disposal location. At a minimum, analyze samples for arsenic, cadmium, chromium, mercury, copper, barium, and organochlorine pesticides using EPA Methods 6020 and 8081, or an equivalent State method, by a laboratory certified

SECTION 01 57 20 Page 13 under NELAP by the Florida Department of Health. Before any soils are moved off site or reused, the Contracting Officer will make the determination if sampling and analysis is required. No material can be moved off site or reused without the approval of the Contracting Officer.

The sampling and analysis, if required, shall be performed at no additional cost to the Government. Take a minimum of two samples, each composed of three closely representative grab samples, composited into one sample. If the project involves the removal of sovereignty materials to upland property off site by dredging or any other means, the removed material is subject to Rule 18-21.011(3), F.A.C, Severed Dredge Materials. Excavated soils and sediment that will be transported off site or reused, if determined necessary by the Contracting Officer, shall be analyzed for the parameters outlined above and the material may be stockpiled on-site until the preliminary analysis is completed. Submit results of the analyses to the Contracting Officer. If the excavated material exceeds the Cleanup Target Levels (CTLs) as found in Chapter 62-777, F.A.C., and will be transported to a solid waste disposal facility, proper documentation shall also be provided to the Contracting Officer including, but not limited to, soil transportation and disposal manifests and waste profile documentation.

3.1.2.11 Disposal of Other Materials

Handle other materials than previously discussed (Construction and Demolition, vegetative waste, etc.) as directed by the Contracting Officer.

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

On a daily basis, the contractor shall coordinate with the on-site archaeological monitor to ensure there are no impacts to 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

Cultural resources within the Contractor's work area(s) are present, it will be designated as an "avoidance area" on the contract drawings or other documents. No ground disturbing activities are permitted within the "avoidance area" without an archaeological monitor present.

Because there are potentially sensitive resources in the avoidance area, archeological monitoring is required during construction within these areas. This task will consist of cultural resources monitoring services during all ground-disturbing activities within the avoidance areas (i.e.

vegetation clearing, grubbing, grading, removal soil) that have the potential to adversely affect sensitive resources. The Contractor shall provide a cultural resource monitor during ground-disturbing construction for the purpose of detecting any cultural resources that may be exposed.

Additionally, the monitor will provide inspection services during construction to review information related to unanticipated finds as well as any necessary response and follow-up to assist construction activities with unanticipated finds. A qualified archeological monitor, who at a

SECTION 01 57 20 Page 14 minimum meets or exceeds the qualifications cited in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (36 CFR Part 61) is required to be retained by the construction company and present during all ground disturbing activities of this construction project. Based on 36 CFR 800.4(c)(1), the USACE may also re-consult with the Florida State Historic Preservation Officer (SHPO) and the appropriate federally-recognized Tribes. However, the Contractor is not permitted to engage with the SHPO or Tribes without clear authorization from the Contracting Officer.

Prior to the beginning of the project the archaeological monitor will discuss with the USACE procedures for protection of all visible resources within the project area and submit an archaeological monitoring plan.

The archaeological monitor shall e-mail weekly monitoring reports to the USACE and upon completion of the project a Cultural Resource Monitoring Report shall be submitted to the Contracting Officer within 30 calendar days following completion of the project that summarizes all work completed and addresses any concerns or impacts to resources. The monitoring report shall be of sufficient quality to allow the USACE to coordinate with state, federal, and tribal agencies.

3.1.3.3 Cultural Resources Training

This training will be conducted by the Contractor's archeological monitor and developed in consultation with the Corp's project archeologist.

Cultural resource training sessions will be conducted for the Contracting Officer's Representative, on-site Corps personnel, Contactor, subcontractors and heavy equipment operators by a professional archeologist. The training session will include a review of the archeological/cultural materials that might be encountered and the appropriate steps to be taken in case of an unanticipated discovery of such materials.

3.1.3.4 Inadvertent Discoveries

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

Once reported, the Contracting Officer will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Additional work in the area of the discovery will be suspended at the site until all federal and state regulations have been successfully completed and the Contracting Officer will provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed. No interview or other contact with the media or federal, tribal or state agencies shall occur without clear authorization from the Contracting Officer.

In the unlikely event that unmarked human remains are identified, they will be treated in accordance with Section 872.05 Florida Statutes.

SECTION 01 57 20 Page 15

Immediately cease all work and ground disturbing activities within a 50-meter diameter of the unmarked human remains and notify the Contracting Officer. The Contracting Officer will notify the local medical examiner, and the appropriate SHPO and THPO(s). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Contracting Officer may modify, suspend, or terminate work activities. Such activity shall not resume without written authorization from the State Archeologist and from the Contracting Officer.

3.1.3.5 Claims for Downtime due to Inadvertent Discoveries

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

3.1.4 Protection of Water Resources

Keep construction activities under surveillance, management, and control to avoid pollution of surface, ground waters, and wetlands. Implement special management techniques as set out below to control water pollution by the listed construction activities which are included in this Contract. Construction methods shall protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. There shall be no storage or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone unless specifically authorized.

3.1.4.1 Washing and Curing Water

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

Analysis shall be performed and results reviewed and approved by the Contracting Officer before water in retention ponds is discharged.

3.1.4.2 Cofferdam and Diversion Operations

Construction for dewatering, removal of cofferdams, tailrace excavation, and tunnel closure shall be controlled at all times to limit the impact of water turbidity on the habitat for wildlife and impacts on water quality for downstream use.

3.1.4.3 Stream Crossings

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

3.1.4.4 Monitoring of Water Areas

Monitor all water areas affected by construction activities

SECTION 01 57 20 Page 16

3.1.4.5 Turbidity

Conduct operations in a manner to minimize turbidity. Refer to Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING for further instructions.

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

Prevent oil, fuel, or other hazardous substances from entering the air, ground, drainage, local bodies of water, or wetlands. This shall be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following shall occur:

(1) Take immediate action to contain and cleanup any spill of oil, fuel or other hazardous substance.

(2) Immediately report spills to the Contracting Officer.

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

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