W912EP21R0022 Amendment 0005.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)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

COMPREHENSIVE EVERGLADES RESTORATION PLAN, INDIAN RIVER LAGOON - SOUTH, C-23/24 STORMWATER TREATMENT AREA ST

LUCIE COUNTY, FLORIDA

A. SEE CONTINUATION SHEET FOR AMENDMENT DETAILS.

B. THE PROPOSAL DUE DATE REMAINS UNCHANGED AT AUGUST 17, 2021@ 2:00 PM LOCAL TIME.

1. CONTRACT ID CODE PAGE OF PAGES

1 46

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. 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 W912EP21R0022

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, 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

11-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 CODE CODE

EMAIL: TEL:

X___

SF 30 CONTINUATION SHEET

Comprehensive Everglades Restoration Plan, Indian River Lagoon South C-23/24 Stormwater Treatment Area

St. Lucie County, Florida

W912EP21R0022 1 Amendment 0005

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.

Volume 2 of 2 – Technical Specifications:

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

(End of Summary of Changes)

CERP, Indian River Lagoon South C-23/24 Stormwater Treatment Area, St. Lucie County, Florida

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

1.2.2 NEPA Reference

1.3 QUALITY CONTROL

1.4 PERMITS AND AUTHORIZATIONS

1.5 SUBMITTALS

1.6 ENVIRONMENTAL PROTECTION PLAN

1.7 QUALIFICATIONS

1.7.1 Bird Monitoring Qualifications

1.7.2 Eastern Indigo Snake Observer

1.8 SUBCONTRACTORS

1.9 NOTIFICATION

1.10 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 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

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

SECTION 01 57 20 Page 1 W912EP21R0022 Amendment 0005

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 Audubon's Crested Caracara (Polyborus

plancus audubonii)

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

3.1.5.9 Protection of Eastern Indigo Snake Populations

3.1.5.10 Florida Panther

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 (Central and Southern Florida, Everglades Agricultural Area Environmental Impact Statement.).

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 and South Florida Water Management District and local municipalities 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.

0397309-001 0273787-002 ; attached to the end of this section;

Effective Date: PENDINGJune 30, 2021 ; Expiration Date: PENDING June 30, 2026 .

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

SECTION 01 57 20 Page 4

Indigo Snake Protection/Education Plan ; G, DO

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

Eastern Indigo Snake Observer ; 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

1.6 ENVIRONMENTAL PROTECTION PLAN

Submit a draft Environmental Protection Plan no later than 5 calendar days after Notice to Proceed for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the plan will not relieve the Contractor of their responsibility for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the plan or an interim plan covering the work to be performed. The Environmental Protection Plan shall include but not be limited to the following:

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

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

c. Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations.

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

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

e. Drawings showing locations of any proposed temporary excavations or embankments for haul roads, stream crossing, material storage areas, SECTION 01 57 20 Page 5 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.

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 Everglades Snail Kite.

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

t. A protection and education plan for the Audubon's creseted caracara and

SECTION 01 57 20 Page 6

Florida panther.

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

v. 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.

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

x. Blasting Plan.

1.7 QUALIFICATIONS

The individual(s) shall have a combination of education and experience that demonstrates they have the knowledge and background to identify the species of concern and be able to fulfill the requirements of the environmental specification. Resume/qualification submittals must specifically address the knowledge/experience with the species of concern. Any specific requirements for an environmental observer/monitor called out in environmental coordination or authorization documents (such as agency coordination letters, biological opinions, or permits) regarding the project area must be also addressed in the submittals.

1.7.1 Bird Monitoring Qualifications

No later than 5 calendar days after 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).

1.7.2 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 SUBCONTRACTORS

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

1.9 NOTIFICATION

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

SECTION 01 57 20 Page 7 until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension.

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

1.10 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

Provide qualified personnel to perform all phases of environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and 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

SECTION 01 57 20 Page 8 environmental protection design standards shall also be considered.

In the event environmental protection measures fail, implement procedures to control and correct environmental damage. Coordinate with the Contracting Officer if environmental protection measures fail.

3.1.1.1 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; (5) utilize top cover over secondary containment systems to prevent accumulation of rainwater.

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, SECTION 01 57 20 Page 9 and painting as specified for Class I Fine Pruning, of the National Arborist Association Pruning Standards for Shade Tree or as per State's Agricultural Extension Agency Guidelines, immediately as occurrences arise. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is permitted, provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs.

3.1.2.1 Work Area Limits

Prior to any construction, mark the areas that are not required to accomplish all work to be performed under this Contract. Mark or fence isolated areas within the general work area to be saved and protected.

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

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

3.1.2.2 Protection of Landscape

Trees and their roots, shrubs, vines, grasses, land forms, and other landscape features 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

SECTION 01 57 20 Page 10 properly for continued plant growth.

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

3.1.2.3 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. All graded areas should be stabilized and vegetated within seven days after construction activities have temporarily or permanently ceased for any portion of the site to minimize erosion.

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

SECTION 01 57 20 Page 11 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.

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.

SECTION 01 57 20 Page 12

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 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

3.1.3.1 Applicable Law

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

(2) the Abandoned Shipwreck Act.

3.1.3.2 Known Resources

If known historic, archeological, and cultural resources within the Contractor's work area(s) are present, it will be designated as a avoidance area on the contract drawings or other documents. If so designated, install protection for these resources and preserve during the Contract's duration. Do not 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 have historic or archeological origin, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff

SECTION 01 57 20 Page 13 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.

Immediately cease all work and ground disturbing activities within a 50-meter diameter of the unmarked human remains and notify the Contracting Officer or the appropriate Corps representative shall be immediately notified. 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.

3.1.3.4 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

SECTION 01 57 20 Page 14 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.

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 largest tank.

(5) To control the spread of any potential spill, 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

SECTION 01 57 20 Page 15 shall be approved by the Contracting Officer prior to implementation.

b. Liabilities: Liable in the amounts established in 40 CFR, Part 113 when it can be shown that oil was discharged as a result of willful negligence or willful misconduct. The penalty for failure to report the discharge of oil shall be in accordance with the provision of 33 CFR, Part 153.

3.1.4.7 Wetlands Protection

a. Determine the location of wetlands within the project area and adjacent to the project area from the information provided in the contract documents. Instruct all personnel associated with the project of the presence of wetlands if the wetlands are located within 1,000 feet of staging areas, access roads or any other areas used during construction activities.

b. Advise construction personnel that there are civil and criminal penalties for harming or destroying wetlands beyond actions specifically identified, anticipated, and authorized in these specifications and associated plans and environmental documents.

Erect a silt fence at least 30 feet upland and along the entire length of all wetland delineation lines adjacent to the work site and staging areas, prohibit all access into the wetland, and ensure compliance with the paragraph PROTECTION OF WATER RESOURCES above.

c. Do not anchor, place pipelines, or stage equipment in a manner that will cause any damage to wetlands beyond those specifically identified, anticipated, and authorized in these specifications and associated drawings and environmental documents. Avoid anchoring, placing pipeline, or staging equipment in these sensitive wetland areas. If such activities cannot be done without affecting sensitive areas outside the construction area identified in the Contract, cease the activities notify the Contracting Officer and Project Biologist immediately (no later than the morning following the working day if the incident occurs after normal working hours). Report any actual incident involving damage to, or disturbance of wetlands.

3.1.5 Protection of Fish and Wildlife Resources

Keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. List species that require specific attention along with measures for their protection in the Environmental Protection Plan prior to the beginning of construction operation.

In the event that a threatened or endangered is harmed as a result of construction activities, 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 Representative To be provided Administrative Contracting Officer To be provided

SECTION 01 57 20 Page 16

Area Engineer To be provided Project Biologist, CESAJ-PD-ES 904-232-1368 Chief, Environmental Branch 904-232-2336

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

3.1.5.1 Training

All internal and external personnel working on the project will receive training regarding their responsibilities to protect and conserve fish and wildlife species during all work on the project. All personnel will receive training sessions including but not limited to the topics of:

Threatened and Endangered (T&E) Species General Training, Eastern Indigo Snake Training, Migratory Bird (includes Ground Nesting Birds) Training, and Gopher Tortoise Training. Training Topics will be identified and delivered in accordance with the Biological Opinion, and any subsequent amendments thereto, established for the project. The Contracting Officer (Corps staff) and/or the local sponsor (South Florida Water Management District) staff will provide training as necessary. Mandatory training will be provided to all personnel prior to the commencement of work activities. Any personnel commencing work after the initial training session(s) will receive the same training.