B.08.03 Amendment 0001, Tampa Upper Channels.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

Tampa Harbor Maintenance Dredging 34-Foot Project, Upper Channels Hillsborough County, Florida

1. See SF 30 Continuation Sheet for Amendment Details.

2. The Bid Opening date of 16 August 2021, remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 35

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 W912EP21B0008

X 9B. DATED (SEE ITEM 11)

16-Jul-2021

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

02-Aug-2021

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

W912EP21B0008 Amendment 0001

Tampa Harbor Maintenance Dredging 34-Foot Project, Upper Channels, Hillsborough County Florida

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 00010A, Attachment A - Instructions for Technical Inquiries and Questions and REPLACE with the attached SECTION 00010A, Attachment A - Instructions for Technical Inquiries and Questions.

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

2. DRAWINGS: No change to drawings.

(End of Summary of Changes)

SECTION 00010A, Attachment A

INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in

ProjNet at (https://www.projnet.org) No Later Than (NLT) August 2 6, 2021, End of Day. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment

/question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

The Solicitation Number is: W912EP21B0008

The Bidder Inquiry Key is: XT3ZRG-PKI46I

Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:

1. Identify the Agency. This should be marked as USACE.

2. Email. Enter the email address you would like to use for communication.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. Identify the Agency. This should be marked as USACE.

3. Email. Enter the email address you used to register previously in ProjNet.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

Amendment 0001W912EP21B0008 k3ctcjlc Cross-Out

Tampa Harbor Maintenance Dredging 34-Foot Project, Upper Channels, Hillsborough 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 REFERENCES

1.4 QUALITY CONTROL

1.5 PERMITS AND AUTHORIZATIONS

1.6 SUBMITTALS

1.7 SUBCONTRACTORS

1.8 NOTIFICATION

1.9 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 Sewage-Based Systems Environmental Design and Installation Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Contractor Facilities and Other Work Areas

3.1.2.3 Solid Wastes

3.1.2.4 Fuel, Oil, and Lubricants

3.1.2.5 Hazardous Waste

3.1.2.6 Hazardous Materials

3.1.2.7 Disposal of Other Materials

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

3.1.3.1 Applicable Law

3.1.3.2 Known Resources

3.1.3.3 Inadvertent Discoveries

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

3.1.4.1 Washing and Curing Water

3.1.4.2 Monitoring of Water Areas

3.1.4.3 Turbidity

3.1.4.4 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, Smalltooth Sawfish and Whale Sighting

Reports

SECTION 01 57 20 Page 1

3.1.5.4 Disposition of Endangered or Threatened Species Carcasses

3.1.5.5 Report Submission

3.1.5.6 Hopper Dredge Equipment

3.1.5.7 Sea Turtle Trawling and Relocation (For Hopper Dredges

Only)

3.1.5.8 Protection of Migratory Bird Species

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

3.1.6 Seagrass Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Odors

3.1.8 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 MARINE VEGETATION PROTECTION

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

3.4.2 Invasive and Nuisance Species Reporting

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2

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 made in the NEPA document have been incorporated into these specifications. 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 designation only.

SECTION 01 57 20 Page 3

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

1.4 QUALITY CONTROL

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

1.5 PERMITS AND AUTHORIZATIONS

The Contractor shall comply with all requirements under the terms and conditions set out in the following permit(s) and authorization(s) obtained by the Corps of Engineers listed below.

a. Florida Department of Environmental Protection Permit 403.813(3) Exemption Verification Pending acknowledgement notice from DEP July 19, 2021 .

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

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

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

1.6 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 30 calendar days after Notice to Proceed:

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

No later than 30 calendar days after Notice to Proceed, the Contractor shall submit an Environmental Protection Plan for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, the Contractor shall furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the Contractor's plan shall not relieve the Contractor of his responsibility for adequate and continuing control of pollutants and other environmental protection

SECTION 01 57 20 Page 4 measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the Contractor's plan or an interim plan covering the work to be performed. The Environmental Protection Plan shall include but not be limited to the following:

a. A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the Contractor's proposed operations and the requirements imposed by those laws, regulations, and permits.

b. Methods for protection of features to be preserved within authorized work areas. The Contractor shall prepare a listing of methods to protect resources needing protection, i.e., trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological, and cultural resources.

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

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

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

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

g. Traffic control plan.

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

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

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

SECTION 01 57 20 Page 5

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

l. A statement as to the person who shall be responsible for implementation of the Environmental Protection Plan. The Contractor personnel responsible shall report directly to the Contractor's top management and shall have the authority to act for the Contractor in all environmental protection matters.

m. Recycling and Waste Management Plan. Executive Order 12873 of 20 October 1993 requires a number of considerations in planning a project. Fallen trees should not be burned or buried.

Mulching, composting, and other uses for trees should be considered. Also, recovery of metals at the job site, including aluminum cans, should be considered with proceeds to be retained by the Contractor. Non-Federal recycling and waste minimization efforts shall also be incorporated into this plan.

n. Turbidity Monitoring Plan. A statement as to the person who shall be responsible for turbidity monitoring and reporting to be performed. Method of turbidity monitoring and reporting that will be performed. 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. Migratory Bird Protection Plan. The Contractor shall include in the Environmental Protection Plan a detailed plan for protecting migratory birds in the project area. The project site, especially DMPF 3-D, is important migratory bird nesting habitat, and experiences high densities of both common and rare bird species. All species utilizing this site for nesting are protected under the Migratory Bird Treaty Act (MBTA). The nesting season is generally between March 1 and September 15 in this region; however, migratory birds and their eggs are protected at all times of the year pursuant to the MBTA. Since construction may occur during the nesting season, the Contractor will be responsible for ensuring that migratory birds are not impacted during construction. As mentioned in subparagraph "Protection of Fish and Wildlife Resources" below, delays in work due to the presence of migratory birds or their nests shall not be compensable. The Migratory Bird Protection Plan shall include the following components:

(1) Proposal for managing project activities to prevent the creation of suitable nesting habitat in the active conservation area prior to and during the nesting season;

(2) Measures to be implemented by the Contractor prior to nesting season to deter birds from nesting in areas where construction is anticipated to occur during nesting season;

(3) Monitoring protocol during construction, including names

SECTION 01 57 20 Page 6 and qualifications of the proposed bird monitors;

(4) Steps that will be followed to address any unintentional take of migratory birds, should that occur. Construction activities shall be conducted in a manner so as not to impact migratory birds or their eggs.

r. 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.

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

If the Contractor proposes to use a hopper dredge for this work, detail drawings shall be submitted showing the proposed device and its attachment to the Contractor's equipment no later than 30 calendar days after Notice to Proceed. Contractor's drawings to be submitted shall include the approach angle for any and all depths to be dredged during this contract. A copy of the approved drawings and calculations shall be available on the vessel during the life of this contract. No dredging work shall be allowed to commence until approval of the installed turtle deflector device.

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

The Contractor shall e-mail the Contracting Officer and (MTP@MyFWC.com) weekly reports to the Imperiled Species Management section on Friday each week that trawling is conducted in Florida waters. These weekly reports shall include the species and number of turtles captured in Florida waters, general health, and release information. The Contractor shall provide a summary (on FWC provided Excel spreadsheet) of the following: all trawling activity (including non-capture trawling), all turtles captured in Florida waters, all measurements, the latitude and longitude (in decimal degrees) of captures and tow start-stop points, and times for the start-stop points of the tows (including those tows on which no turtles are captured).

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

Contractor shall submit as specified, daily logs of bird monitoring activities detailing the current bird activity on the island, ongoing nesting, and nesting success during the nesting season.

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

Contractor shall submit minimum weekly uploads of seabird and shorebird nesting count data using specific procedures outlined in the Florida Fish and Wildlife Conservation Commission Breeding Bird Protocol (BBP). Data collected using this protocol will be required to be uploaded to the Florida Shorebird Database (FSD) using the online website www.FL.ShorebirdDatabase.org, and to be submitted to the Contracting Officer in electronic pdf file format on a weekly basis.

SECTION 01 57 20 Page 7

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

Prior to the Preconstruction Conference, the Contractor shall furnish the qualifications of the bird monitor(s) to the Contracting Officer for approval. The Contractor shall furnish an approved plan prior to the commencement of construction. These qualifications shall also be included as part of the Migratory Bird Protection Plan in the Environmental Protection Plan.

Appropriate qualifications for bird monitors shall be a demonstrated ability to find and identify bird species, nesting behavior, nests, and eggs. Monitors shall have extensive knowledge of species' nesting habitat requirements (specifically beach-nesting bird species, including all nesting sea and shorebird species found in Florida,) general and nesting behavior characteristics, nests and eggs, and a knowledge of habitat requirements and experience implementing a variety of methods to deter birds from nesting, and experience working as a migratory bird monitor for construction projects. In addition, references shall be provided to verify non-educational experience. The qualifications shall be submitted on the Bird Monitoring Qualification Sheet (See Construction Forms & Details module indicated in paragraph CONSTRUCTION FORMS AND DETAILS below). The Contracting Officer shall consult with and coordinate all monitoring plans and activities with the USACE designated biologist.

Marine Animal Observer Qualifications ; G, DO

No later than 5 calendar days after Notice to Proceed, the Contractor shall furnish the qualifications of the marine animal observers to the Contracting Officer for approval. Monitors are required to submit a resume demonstrating a minimum of 100 hours of documented experience observing marine animals during in-water dredging projects. Resumes should include a table with the names and locations of specific in-water construction projects that observers have worked on. For each in-water construction project, the table shall include for the permit number(s), the estimated amount of time (hours) spent observing, the estimated number of manatees or sea turtles seen, and whether the work was ever halted due to manatees or sea turtles in the area. Each marine animal observer shall complete the FWC Protected Marine Species Observer Information Form (see CONSTRUCTION FORMS AND DETAILS) to document their experience.

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

No later than 30 calendar days after Notice to Proceed, the Contractor shall furnish to the Contracting Officer for approval, the names of the endangered species observer-biologists (ESOs) to perform the monitoring for this contract. Only pre-approved ESOs by NMFS are 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.

SECTION 01 57 20 Page 8

SD-11 Closeout Submittals

Logs/Final Summary Report

Contractor shall submit as specified, logs and final summary report of sightings and incidents with endangered species.

Project Environmental Summary Sheet

Contractor shall submit within 30 calendar days following completion of the project, a written report of the absence or occurrence of environmental incidents. In addition, for construction activities whose anticipated duration is more than one calendar year, the Contractor shall complete a sheet each May 31st (plus/minus 14 days).

Trawl Sweeping Daily Logs

Within 30 calendar days following completion of work, the Contractor shall submit the Trawl Sweeping Daily Logs.

1.7 SUBCONTRACTORS

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

1.8 NOTIFICATION

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

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

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

1.9 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

The Contractor's personnel shall be qualified to perform all phases of environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Quality Control personnel will be identified in the Quality Control Plan submitted in accordance with Section 01 45 05 DREDGING/BEACH FILL PLACEMENT -

CONTRACTOR QUALITY CONTROL.

SECTION 01 57 20 Page 9

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

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

Environmental protection shall be as stated in the following subparagraphs.

3.1.1 General Project Environmental Design and Installation Criteria

Some project sites have features that shall not be impacted in any way, including cultural, historic, or archeological features. At all sites, the Contractor shall minimize disturbance to existing features at the site to the extent possible, including vegetative, topographic, and drainage pattern features. Wetland, 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, the Contractor shall implement procedures to control and correct environmental damage. The Contractor shall 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. Applicable Federal, State, or local codes and requirements regarding sewage shall be strictly adhered to in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Best Management Practices from the applicable agencies shall also be adhered to in the design.

3.1.2 Protection of Land Resources

Prior to the beginning of any construction, the Contractor shall identify all land resources to be preserved or avoided within the Contractor's work

SECTION 01 57 20 Page 10 area. Materials displaced into uncleared areas shall be removed. The Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without special permission from the Contracting Officer. The Contractor shall engage a qualified tree surgeon to perform all tree surgery. The Contractor shall be responsible to repair injuries to bark, trunk, branches, and roots of protected trees by dressing, cutting, and painting as specified for Class I Fine Pruning, of the National Arborist Association Pruning Standards for Shade Tree or as per State's Agricultural Extension Agency Guidelines, immediately as occurrences arise. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, the Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs.

3.1.2.1 Work Area Limits

Prior to any construction, the Contractor shall mark the areas that are not required to accomplish all work to be performed under this contract.

Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. The Contractor shall protect from damage all existing trees designated to remain. Protection of tree roots shall be provided against noxious materials in solution caused by run-off or spillage. Fires shall be located outside the canopy of protected trees. No materials, trailers, or equipment shall be stored within the drip line of any protected tree. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor shall convey to his personnel the purpose of marking and/or protection of all necessary objects.

3.1.2.2 Contractor Facilities and Other Work Areas

Locate facilities, staging and other work areas as indicated in Section 01 50 02 TEMPORARY CONSTRUCTION FACILITIES, and in compliance with permits listed in the paragraph PERMITS AND AUTHORIZATIONS above and obtained for performance of work. Borrow or dredge material management (DMMA) areas shall be managed to minimize erosion and to prevent sediment from entering nearby watercourses, wetlands, or lakes. Spoil areas shall be managed and controlled to limit spoil intrusion into areas designated on the drawings and to prevent erosion of soil or sediment from entering nearby watercourses, wetlands, or lakes. Spoil areas shall be developed in accordance with the grading plan indicated on the drawings. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas from despoilment. If there is suspicion that sediment may be unsuitable for disposal at a specified location, the Contractor shall immediately take measures to contain the suspect sediment and notify the Contracting Officer.

3.1.2.3 Solid Wastes

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

SECTION 01 57 20 Page 11

3.1.2.4 Fuel, Oil, and Lubricants

Fuel, oil, and lubricants shall be managed so as to prevent spills and evaporation. To prevent spills, fuel dispensers shall have a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, the Contractor shall immediately recover the contaminated ground and dispose of it offsite in an approved area.

Petroleum waste generated shall be stored in marked corrosion-resistant containers and recycled or disposed of in accordance with 40 CFR 279, State, and local regulations.

3.1.2.5 Hazardous Waste

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

3.1.2.6 Hazardous Materials

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

3.1.2.7 Disposal of Other Materials

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

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

3.1.3.1 Applicable Law

A number of Federal laws require protection of cultural resources. Two laws, in particular, can be potentially involved with dredging activities: (1) the National Historic Preservation Act, as amended; and,

(2) the Abandoned Shipwreck Act.

3.1.3.2 Known Resources

If known historic, archeological, and cultural resources within the Contractor's work area(s) are present, it will be designated as a "environmentally sensitive area" on the contract drawings or other documents. If so designated, the Contractor shall install protection for these resources and shall be responsible for their preservation during the contract's duration. The Contractor shall not distribute maps or other information on these resource locations except for distribution among the Contractor's staff with a "need to know" technical responsibility for protecting the resources.

3.1.3.3 Inadvertent Discoveries

If, during construction activities, the Contractor observes items that may

SECTION 01 57 20 Page 12 have historic or archaeological origin, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified. Examples of expected historical, archaeological or cultural resources include bones, human remains, artifacts, shell, midden, charcoal, and other evidences of human activity. The Contractor shall cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. Once reported, Corps staff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Additional work in the area of the discovery will be suspended at the site until all federal and state regulations have been successfully completed and the Corps staff members provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed.

The possibility of encountering submerged cultural resources is inherent in dredging and snagging operations. Such findings could include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other structural features intact or displaced. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. Suspected cultural materials inadvertently gathered from a water-saturated context should be kept moist by re-immersion, spraying, or some other expedient means of wetting until the appropriate Corps staff provide further directives. No interviews or other contact with media shall occur without clear authorization from the Contracting Officer.

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, the Contractor shall seek to continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other manner that strives to continue productive activities in keeping with the contract. Should an inadvertent discovery be of the nature that substantial impact(s) to the work schedule are evident, such delays shall be coordinated with the Contracting Officer.

Contract adjustments resulting from compliance with this paragraph shall be determined in accordance with Clause DIFFERING SITE CONDITIONS of Section 00700 CONTRACT CLAUSES in Volume 1.

3.1.4 Protection of Water Resources

The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface, ground waters, and wetlands. The Contractor shall plan his operation and perform all work necessary to minimize adverse impact or violation of water quality standards. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities which are included in this contract. The Contractor's construction methods shall protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. There shall be no storage or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone unless specifically authorized.

SECTION 01 57 20 Page 13

3.1.4.1 Washing and Curing Water

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

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

3.1.4.2 Monitoring of Water Areas

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

3.1.4.3 Turbidity

The Contractor shall conduct his operations in a manner to minimize turbidity. Refer to Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING for further instructions.

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

The Contractor shall prevent oil, fuel, or other hazardous substances from entering the air, ground, drainage, local bodies of water, or wetlands.

This shall be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following shall occur:

(1) Immediate action shall be taken to contain and cleanup any spill of oil, fuel or other hazardous substance.

(2) Spills shall be immediately reported to the Contracting Officer.

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

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

(5) To control the spread of any potential spill, the Contractor shall provide a written certification of commitment of manpower, equipment, and materials required to expeditiously cleanup and dispose of spill materials.

a. Spill Preventive Systems: System design and installation requirements have been discussed at the beginning of this Section.

Temporary or portable tanks shall conform to applicable Federal, State and local codes and requirements and shall not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills shall be put in place in advance where practical. Both spill preventive systems and any deviations from associated requirements shall be approved by the Contracting Officer prior to implementation.

b. Liabilities: The Contractor shall be liable in the amounts established in 40 CFR, Part 113 when it can be shown that oil was discharged as a result of willful negligence or willful misconduct.

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The penalty for failure to report the discharge of oil shall be in accordance with the provision of 33 CFR, Part 153.

3.1.5 Protection of Fish and Wildlife Resources

The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention along with measures for their protection shall be listed in the Contractor's Environmental Protection Plan prior to the beginning of construction operation.

In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall cease all work and notify the Contracting Officer. The order of contact within the Corps of Engineers shall be as follows:

Order of Contact of Corps Personnel

Title Telephone Number

Corps, Inspector Onsite/After hours to be provided Corps, Project Engineer To be provided Contracting Officer To be provided Area Engineer To be provided

Information to be provided will be provided in the Preconstruction Conference.

3.1.5.1 Listed Species Protection

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

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

b. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in waters where the draft of the vessel provides less than a four-foot clearance from the bottom, and vessels shall follow routes of deep water whenever possible. Boats used to transport personnel shall be shallow-draft vessels, preferably of the light-displacement category, where navigational safety permits. Mooring bumpers shall be placed on all barges, tugs, and similar large vessels wherever and whenever there is a potential for manatees to be crushed between two moored vessels. The bumpers shall

SECTION 01 57 20 Page 15 provide a minimum stand-off distance of four feet under maximum designed compression.

c. All on-site project personnel shall be responsible for observing water-related activities for the presence of sea turtles and manatees.

All in-water operations, including vessels, shall be shut down if a sea turtle or manatee comes within 50 feet of the operation.

Activities shall not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation.

Animals shall not be herded away or harassed into leaving.

d. If an injured or dead marine mammal or marine turtle is discovered in the vicinity of the project location while mobilized, the following shall occur:

(1) All work in the active work zone of the incident, shall cease immediately.

(2) Contractor shall maintain contact with the injured or dead animal to the greatest extent practicable until the appropriate authorities (i.e., FWC or NMFS) arrive to retrieve the animal.

(3) In the case of a marine turtle take, work may resume while the submitted details and other reports (such as internal FWC rescue or necropsy reports) are assessed by FWC. In the case of a marine mammal take, the Contracting Officer in coordination with the agencies (i.e., FWC, NMFS, and DEP) will determine when work may resume.

(4) Details of the incident shall be sent to FWC at ImperiledSpecies@myfwc.com within 24 hours. Information shall include, but not be limited to: a narrative of the incident;

photographs/videos of the incident and surrounding environment (if possible); a GPS point where the animal was discovered; names, titles and contact numbers of all personnel onsite at the time of the incident; and the name, title and contact number for the designated representative. Additional information may be requested by FWC, and telephone interviews may be required.

(5) Once the circumstances have been reviewed, Contracting Officer will provide their written determination to the Contractor on how to proceed: whether operations can proceed normally;

whether modifications to the protective measures are required in order to proceed; or if operations need to cease temporarily due to the need for further investigation. If modifications to the protective measures are required, construction shall not resume until the protective measures are made by the Contractor.

e. Marine Animal Monitoring: At least one person will be dedicated as a marine animal observer. The dedicated observers will be on site during all in-water construction activities and will advise personnel to cease operation upon sighting a manatee or sea turtle within 50 feet of any in-water construction.

(1) During dredging operations, a dedicated observer shall monitor for the presence of manatees or sea turtles. The dedicated observer shall have experience in manatee and sea turtle

SECTION 01 57 20 Page 16 observation and be equipped with polarized sunglasses to aid in observing.

(2) Nighttime lighting of waters within and adjacent to the work area shall be illuminated, using shielded or low-pressure sodium-type lights, to a degree that allows the dedicated observer to sight any manatee or sea turtle on the surface within 200 feet of the operation. The contractor will have a handheld spotlight with a minimum of 10,000,000 candle power available to assist when appropriate in the detection of manatees and sea turtles immediately outside of this illuminated area. The Contractor will measure the size of the illuminated area and intensity of the specified illumination prior to commencement of the project. No night-time operations will commence or continue if one or more of these lighting parameters does not comply with the required specifications.

(3) If the dedicated observers determine that detection of manatees or sea turtles during certain weather conditions (i.e., fog, rain, wind, etc.) is not possible, then dredging operations will cease until weather conditions improve and detection is again possible.

(4) All observers will maintain a daily log that details sightings, collisions, or injuries to protected marine…