B.08.03 Am 0001, W912EP22B0009 Jax Harbor FY22.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

Jacksonville Harbor, Maintenance Dregding 47-Foot, 40-Foot, 38-Foot & 34-Foot Project, Duval County, Florida

A. See Continuation Sheet for Amendment Details B. Bid Opening Date of August 8, 2022 at 2:00pm, EDT, remains unchanged

1. CONTRACT ID CODE PAGE OF PAGES

1 38

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 W912EP22B0009

X 9B. DATED (SEE ITEM 11)

07-Jul-2022

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 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

22-Jul-2022

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

Jacksonville Harbor, Maintenance Dredging, 47-Foot, 40-Foot, 38-Foot & 34-Foot Project

Duval County, Florida

W912EP22B0009 1 Amendment 0001

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 1 of 2 – Technical Specifications:

DELETE Section 00010A, and REPLACE with the attached revised Section 00010A.

Volume 2 of 2 – Technical Specifications:

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

LINE ITEMS AND PRICING SCHEDULE

JACKSONVILLE HARBOR, MAINTENANCE DREDGING

47-FOOT, 40-FOOT, 38-FOOT & 34-FOOT PROJECT,

DUVAL COUNTY, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE

0001 MOBILIZATION AND DEMOBILIZATION JOB $_______________

0002 EXCAVATION, UNCLASSIFIED

BAR CUT-3 STATION 187+00 TO

CUT-18 STATION 0+00

(ESTIMATED QUANTITY, SEE NOTE 1) 448,000 CUBIC YARD $____________ $_______________

0003 EXCAVATION, UNCLASSIFIED

CUT-18 STATION 0+00 TO CUT-42 STATION 33+80

(ESTIMATED QUANTITY, SEE NOTE 1) 140,000 CUBIC YARD $____________ $_______________

0004 EXCAVATION, UNCLASSIFIED

CUT-42 STATION 136+00 TO CUT-50 STATION 0+00

(ESTIMATED QUANTITY, SEE NOTE 1) 268,000 CUBIC YARD $____________ $_______________

0005 TURBIDITY MONITORING JOB $_______________

0006 ENDANGERED SPECIES OBSERVERS

(HOPPER DREDGES ONLY) JOB $_______________

0007 MOBILIZATION AND DEMOBILIZATION FOR

SEA TURTLE/STURGEON TRAWL SWEEPING

(HOPPER DREDGES ONLY, SEE NOTE 3) JOB $_______________

0008 SEA TURTLE/STURGEON TRAWL SWEEPING

(HOPPER DREDGES ONLY, SEE NOTE 3) 1 DAY $____________ $_______________

0009 MARINE ANIMAL OBSERVERS (MECHANICAL

DREDGING ONLY, SEE NOTE 4) JOB $_______________

0010 BIRD MONITORING (SEE NOTE 5) JOB $_______________

0011 STANDBY TIME (SEE NOTE 6) 24 HOUR $____________ $_______________

0012 DISPOSAL AREA PUMPOUT (SEE NOTE 7) 30 DAY $____________ $_______________

0013 PARTNERING REGROUP 1 EACH $____________ $_______________

TOTAL BASE (LINE ITEMS 0001 THROUGH 0013) $_______________

OPTION A

00014 EXCAVATION, UNCLASSIFIED

CUT-50 STATION 0+00 TO CUT-55 STATION 0+00

(ESTIMATED QUANTITY, SEE NOTE 1) 57,000 CUBIC YARD $____________ $_______________

0015 TURBIDITY MONITORING JOB $_______________

0016 ENDANGERED SPECIES OBSERVERS

(HOPPER DREDGES ONLY) JOB $_______________

0017 MARINE ANIMAL OBSERVERS (MECHANICAL

DREDGING ONLY, SEE NOTE 4) JOB $_______________

0018 BIRD MONITORING (SEE NOTE 5) JOB $_______________

TOTAL OPTION A (LINE ITEMS 0014 THROUGH 0018) $_______________

TOTAL BASE PLUS OPTION A (LINE ITEMS 0001 THROUGH 0018) $_______________

W912EP22B0009 00010A-1 Amendment 0001

JACKSONVILLE HARBOR, MAINTENANCE DREDGING

47-FOOT, 40-FOOT, 38-FOOT & 34-FOOT PROJECT,

DUVAL COUNTY, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION B

0019 EXCAVATION, UNCLASSIFIED

CUT-55 STATION 00+00 TO

LOWER TERMINAL CHANNEL STATION 65+00

(ESTIMATED QUANTITY, SEE NOTE 1) 248,000 CUBIC YARD $____________ $_______________

0020 TURBIDITY MONITORING JOB $_______________

0021 ENDANGERED SPECIES OBSERVERS

(HOPPER DREDGES ONLY) JOB $_______________

0022 MARINE ANIMAL OBSERVERS (MECHANICAL

DREDGING ONLY, SEE NOTE 4) JOB $_______________

0023 BIRD MONITORING (SEE NOTE 5) JOB $_______________

TOTAL OPTION B (LINE ITEMS 0019 THROUGH 0023) $_______________

TOTAL BASE PLUS OPTIONS A AND B (LINE ITEMS 0001 THROUGH 0023) $_______________

OPTION C

0024 EXCAVATION, UNCLASSIFIED

CUT-F STATION 10+00 TO

CUT-G STATION 91+24.49

(ESTIMATED QUANTITY, SEE NOTE 1) 181,000 CUBIC YARD $____________ $_______________

0025 TURBIDITY MONITORING JOB $_______________

0026 ENDANGERED SPECIES OBSERVERS

(HOPPER DREDGES ONLY) JOB $_______________

0027 MARINE ANIMAL OBSERVERS (MECHANICAL

DREDGING ONLY, SEE NOTE 4) JOB $_______________

0028 BIRD MONITORING (SEE NOTE 5) JOB $_______________

TOTAL OPTION C (LINE ITEMS 0024 THROUGH 0028) $_______________

TOTAL BASE PLUS OPTIONS A THROUGH C (LINE ITEMS 0001 THROUGH 0028) $_______________

SEE NEXT PAGE FOR OPTION D AND NOTES.

W912EP22B0009 00010A-2 Amendment 0001

JACKSONVILLE HARBOR, MAINTENANCE DREDGING

47-FOOT, 40-FOOT, 38-FOOT & 34-FOOT PROJECT,

DUVAL COUNTY, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION D

0029 EXCAVATION, UNCLASSIFIED

LOWER TERMINAL CHANNEL STATION 65+00 TO

UPPER TERMINAL CHANNEL STATION 130+00

(ESTIMATED QUANTITY, SEE NOTE 1) 440,000 CUBIC YARD $____________ $_______________

0030 TURBIDITY MONITORING JOB $_______________

0031 ENDANGERED SPECIES OBSERVERS

(HOPPER DREDGES ONLY) JOB $_______________

0032 MARINE ANIMAL OBSERVERS (MECHANICAL

DREDGING ONLY, SEE NOTE 4) JOB $_______________

0033 BIRD MONITORING (SEE NOTE 5) JOB $_______________

TOTAL OPTION D (LINE ITEMS 0029 THROUGH 0033) $_______________

TOTAL BID (LINE ITEMS 0001 THROUGH 0033) $_______________

NOTES: (1) THE TOTAL QUANTITY SHOWN FOR EACH EXCAVATION CLIN INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SHOALING ESTIMATED TO OCCUR BETWEEN THE DATES OF SURVEYS SHOWN ON THE DRAWINGS AND ACTUAL DREDGING. THE CONTRACTOR MUST NOT PERFORM WORK IN EXCESS OF THE

TOTAL ESTIMATED QUANTITY GIVEN FOR EACH LINE ITEM WITHOUT PRIOR APPROVAL OF THE

CONTRACTING OFFICER. NOTIFY THE CONTRACTING OFFICER AT LEAST ONE WEEK PRIOR TO THE

ANTICIPATED DATE THAT THE ESTIMATED QUANTITY MAY BE EXCEEDED.

(2) OFFER MUST PRICE ALL LINE ITEMS. SEE SECTION 00100 "INSTRUCTIONS TO OFFERORS".

(3) SEA TURTLE/STURGEON TRAWL SWEEPING IS REQUIRED WHEN DIRECTED BY THE CONTRACTING

OFFICER. SEE SECTION 01 57 20 ENVIRONMENTAL PROTECTION.

(4) MARINE ANIMAL MONITORING IS REQUIRED FOR MECHANICAL DREDGING ONLY. SEE SECTION 01 57 20

ENVIRONMENTAL PROTECTION.

(5) NESTING SEASON SURVEYS MUST BEGIN ON APRIL 1 OR 10 DAYS PRIOR TO COMMENCEMENT OF WORK (INCLUDING SURVEYING ACTIVITIES), WHICHEVER IS LATER, AND MUST BE CONDUCTED DAILY

THROUGHOUT THE CONSTRUCTION PERIOD OR THROUGH AUGUST, WHICHEVER IS EARLIER.

(6) STANDBY TIME IS DEFINED AS WHEN, AT THE DIRECTION OF THE CONTRACTING OFFICER, THE DREDGE IS PUT OUT OF OPERATION FOR REASONS OUTSIDE THE REQUIREMENTS IN THE CONTRACT. SEE SECTION

01 22 00 MEASUREMENT AND PAYMENT.

(7) DISPOSAL AREA PUMPOUT TO PROTECT EXISTING BIRD NESTS IS REQUIRED WHEN DIRECTED BY THE CONTRACTING OFFICER. SEE SECTION 01 57 20 ENVIRONMENTAL PROTECTION. PAYMENT WILL ONLY BE

MADE FOR ACTUAL DISPOSAL AREA PUMPOUT REQUIRED BY THE CONTRACTING OFFICER.

W912EP22B0009 00010A-3 Amendment 0001

Jacksonville Harbor, Maintenance Dredging

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

1.2.2 NEPA Reference

1.3 REFERENCES

1.4 QUALITY CONTROL

1.5 PERMITS AND AUTHORIZATIONS

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.8 QUALIFICATIONS

1.8.1 Bird Monitoring Qualifications

1.8.2 Marine Animal Observer Qualifications (Clamshell/Mechanical

Only)

1.8.3 Endangered Species Observer and Trawl Supervisor

Qualifications (For Hopper Dredges Only)

1.8.4 Sturgeon Protected Species Observer (PSO)(Cutterhead Only)

1.9 SUBCONTRACTORS

1.10 NOTIFICATION

1.11 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 Sewage-Based Systems Environmental Design and Installation

Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Unprotected Erodible Soils

3.1.2.3 Contractor Facilities and Other Work Areas

3.1.2.4 Solid Wastes

3.1.2.5 Fuel, Oil, and Lubricants

3.1.2.6 Hazardous Waste

3.1.2.7 Hazardous Materials

3.1.2.8 Disposal of Other Materials

3.1.3 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.3.1 Applicable Law

3.1.3.2 Known Resources

3.1.3.3 Inadvertent Discoveries

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

3.1.4.1 Monitoring of Water Areas

SECTION 01 57 20 Page 1 W912EP22B0009 Amendment 0001

3.1.4.2 Turbidity

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Listed Species Protection

3.1.5.2 Endangered Species Observers (Hopper Dredge Only)

3.1.5.3 Protected Listed Species Sighting Reports

3.1.5.4 Disposition of Endangered or Threatened Species Carcasses

3.1.5.5 Protected Species Summary Report

3.1.5.6 Hopper Dredge Equipment

3.1.5.7 Sea Turtle/Sturgeon Trawling and Relocation (For Hopper

Dredges Only)

3.1.5.8 Sturgeon Monitoring (Cutterhead Only)

3.1.5.9 Protection of Migratory Bird Species

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

3.1.6 Protection of Air Resources

3.1.6.1 Particulates

3.1.6.2 Burning

3.1.6.3 Odors

3.1.7 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

3.4.2 Invasive and Nuisance Species Reporting

3.4.2.1 Invasive And Nuisance Species Report

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE

This Section covers prevention of environmental damage as the result of construction operations under this contract and for those measures set forth in other Technical Requirements of these specifications. For the purpose of this specification, environmental damage is defined as the presence of hazardous, physical, chemical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; affect other species, biological communities, or ecosystems; or degrade the quality of the environment for aesthetic, cultural, and/or historical purposes. The control of environmental damage requires consideration of land, water, and air, and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants.

1.2 ENVIRONMENTAL LAWS, REGULATIONS AND DOCUMENTS

1.2.1 Miscellaneous Environmental Laws And Regulations

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

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

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

Research and Sanctuaries Act (RSA); 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 (MBTA); Code of Federal Regulations (CFRs); Executive Orders (EO); and, Environmental Protection Agency (EPA) requirements.

1.2.2 NEPA Reference

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

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

1.3 REFERENCES

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

SECTION 01 57 20 Page 3 designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

1.4 QUALITY CONTROL

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

1.5 PERMITS AND AUTHORIZATIONS

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

a. Florida Department of Environmental Protection Permit No.

0303186-001-JC; issued Date: May 23, 2012; Expiration Date: May 23, 2027 and modification 0303186-005-JN issued September 16, 2020.

b. Florida Department of Environmental Protection Operation Permit No. 16-255718-003-SI; effective Date: June 20, 2013.

c. Florida Department of Environmental Protection Operation Permit No. 16-297486-002-ES; effective Date: August 15, 2012.

d. NMFS South Atlantic Regional Biological Opinion (SARBO);

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

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

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

Obtain and comply with the requirements of all 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 will be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, DO

SD-02 Shop Drawings

Turtle Deflector Device; G, DO

SECTION 01 57 20 Page 4

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

SD-06 Test Reports

Protected Listed Species Sighting Reports; G, DO

SD-07 Certificates

Bird Monitoring Qualifications; G, DO

Marine Animal Observer Qualifications (Clamshell/Mechanical Only);

G, DO

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

Sturgeon Protected Species Observer (PSO)(Cutterhead Only); G, DO

SD-11 Closeout Submittals

Protected Species Summary Report; G, DO

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

Comprehensive Trawl Sweeping Daily Logs; G, DO

Endangered Species Observer Program Final Report; G, DO

Invasive And Nuisance Species Report; G, DO

1.7 ENVIRONMENTAL PROTECTION PLAN

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

The EPP will have a Table of Contents. Pages of the EPP will be numbered, including appendices. Sections of the plan and all appendices will be indexed in the table of contents. The Environmental Protection Plan will 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

SECTION 01 57 20 Page 5 protection, i.e., trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological, and cultural resources.

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

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

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

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

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

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. List the Corps environmental POC's with phone numbers and email addresses. Specify that the contractor will notify the Corps Environmental Branch POC's by phone the same day any spill if possible or no later than the morning of the next day(to include weekends).

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

There must a secondary containment (110% of full tank capacity) for any fuel storage tanks (including pumps/generators). Fuel storage tanks must have over head cover to prevent rainwater from entering the secondary containment. The spill response material quantity must be sufficient to absorb/contain the maximum expected fuel storage.

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 will report directly to the Contractor's top management and will have the authority to act for the Contractor in all environmental protection matters.

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

SECTION 01 57 20 Page 6 extent practical. Mulching, composting, and other uses for trees should be considered. Also, recovery of metals at the job site, including aluminum cans, should be considered with proceeds to be retained by the Contractor. Non-Federal recycling and waste minimization efforts will also be incorporated into this plan.

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

o. Migratory Bird Protection Plan. Construction activities will be conducted in a manner as not to impact migratory birds or induce their nesting.

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

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

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

1.8 QUALIFICATIONS

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

1.8.1 Bird Monitoring Qualifications

No later than 5 calendar days after Notice to Proceed, the Contractor will furnish to the Contracting Officer for approval, the qualifications of the bird monitor(s). Appropriate qualifications for bird monitor(s) will be a demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. Bird monitor(s) will be familiar with the general information, data collection protocol, and data entry procedures outlined on the FF&WCC Florida Shorebird Database website (www.flshorebirddatabase.org). The Contractor will consult with and coordinate all monitoring plans and activities with the Contracting Officer and the Project Biologist indicated in the ECM (See paragraph PERMITS AND AUTHORIZATIONS above). The Bird Monitors will meet the following minimum qualifications:

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

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

(2) identify breeding/territorial behaviors, and find nests of

SECTION 01 57 20 Page 7 shorebirds that occur in the project area,

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

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

(www.flshorebirddatabase.org)

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

Training resources can be found on the Florida Shorebird Database (FSD): www.flshorebirddatabase.org

d. Familiar with FF&WCC beach driving guidelines:

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

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

Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.8.2 Marine Animal Observer Qualifications (Clamshell/Mechanical Only)

Submit to the Contracting Officer for approval, the qualifications of the marine animal observer no later than 5 calendar days after Notice to Proceed. A resume of demonstrated experience monitoring manatees and marine turtles and their behaviors in association with in-water construction projects is required. Specifically, include a table with the names and locations of specific in-water construction projects that observers have worked on. Also, the table will include for each in-water construction project the permit number(s), the estimated amount of time (hours) spent observing, the estimated number of manatees and marine turtles seen, and whether the work was ever halted due to manatees or marine turtles in the area. Complete the FWC Protected Marine Species Observer Information Form (see CONSTRUCTION FORMS AND DETAILS) for each marine animal observer to document their experience.

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

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

1.8.4 Sturgeon Protected Species Observer (PSO)(Cutterhead Only)

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

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Fisheries Service (NMFS) South Atlantic Regional Biological Opinion (SARBO; Attachment B).

1.9 SUBCONTRACTORS

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

1.10 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations, permits and other elements of the environmental protection specifications. After receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or costs or damages allowed to the Contractor for any such suspension.

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

1.11 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

Provide qualified personnel to perform all phases of environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel will be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Identify the Quality Control personnel in the Quality Control Plan submitted in accordance with Section

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

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this Contract will be protected at least during the entire period of this Contract. Confine activities to areas defined by the drawings and specifications. Environmental protection will be as stated in the following subparagraphs.

3.1.1 General Project Environmental Design and Installation Criteria

Some project sites have features that will not be impacted in any way, including cultural, historic, or archeological features. At all sites, SECTION 01 57 20 Page 9 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 will 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 will 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 will 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 will also be considered.

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

3.1.1.1 Sewage-Based Systems Environmental Design and Installation Criteria

In general, there will be no waste or debris discharges of any kind for a project unless authorized by the Contracting Officer. This will 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 will ensure that waters will be free of effects of sewage discharges. Adhere to Federal, State, or local codes and requirements regarding sewage in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Adhere to Best Management Practices from the applicable agencies in the design.

3.1.2 Protection of Land Resources

Prior to the beginning of any construction, identify all land resources to be preserved or avoided within the work area. Remove materials displaced into not cleared areas. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without special permission from the Contracting Officer. Engage a qualified tree surgeon to perform all tree surgery. Repair injuries to bark, trunk, branches, and roots of protected trees by dressing, cutting, and painting as specified for Class I Fine Pruning, of the National Arborist Association Pruning Standards for Shade Tree or as per State's Agricultural Extension Agency Guidelines, immediately as occurrences arise. No ropes, cables, or guys will 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.

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Protect existing trees designated to remain. Provide protection of tree roots against noxious materials in solution caused by run-off or spillage. Fires will 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 will be visible. Convey to personnel the purpose of marking and/or protection of all necessary objects.

3.1.2.2 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 will 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 will not initially be totally cleared. Clearing of such areas will progress in reasonably sized increments as needed to use the areas developed as approved by the Contracting Officer.

3.1.2.3 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.

3.1.2.4 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.

3.1.2.5 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 will 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. Any fueling operation will

SECTION 01 57 20 Page 11 be conducted such that any accidental spills will be prevented from entering surface waters or wetlands.

3.1.2.6 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.

3.1.2.7 Hazardous Materials

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

3.1.2.8 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 dredge, spud, or anchor within the designated avoidance area. Do not distribute maps or other information on these resource locations except for distribution among the Contractor's staff with a need to know technical responsibility for protecting the resources.

3.1.3.3 Inadvertent Discoveries

If, during construction activities, items that may have historic or archaeological origin are observed, such observations will be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified. Cease all activities adjacent to the discovery that may result in the destruction of these resources and prevent 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

SECTION 01 57 20 Page 12 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 willow 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 the media or federal, tribal or state agencies will 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 will 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 will 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 will be coordinated with the Contracting Officer. Contract adjustments resulting from compliance with this paragraph will 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 will protect wetland and surface water areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. There will 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 Monitoring of Water Areas

Monitor all water areas affected by construction activities

3.1.4.2 Turbidity

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

SECTION 01 57 20 Page 13

3.1.4.3 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 will be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following will 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 and any spills to surface water or wetlands to the National Response Center (NRC) at 1-800-424-8802. Any spills above 25 gallons to soils must be reported to the NRC. Report any spills to Corps environmental POC on same working day if possible or at the beginning of the next day. Contact will be made by telephone and email to Angie Dunn at Angela.E.Dunn@usace.army.mil. and environmental compliance lead. Environmental POC's will be updated if necessary at the preconstruction meeting.

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

(4) To control the spread of any potential spill, absorbent materials will 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 will conform to applicable Federal, State and local codes and requirements and will not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills will be put in place in advance where practical. Fuel storage locations to include pumps and generators will be placed and have features such as earthen berms, to prevent any fuel spills to surface water or wetlands. Both spill preventive systems and any deviations from associated requirements will 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 will be in accordance with the provision of 33 CFR, Part 153.

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, endangered, or Marine Mammal Protection

SECTION 01 57 20 Page 14

Act (MMPA) species 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 will be as follows:

Order of Contact of Corps Personnel

Title Telephone Number

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

Information provided above will be updated during the pre-construction meeting.

3.1.5.1 Listed Species Protection

Endangered and Threatened Species and MMPA species that may be in the project area

Common Name Scientific Name ESA Status

Florida manatee Trichechus manatus latirostris

Threatened

North Atlantic whale Eubalaena glacilis Endangered

Common Bottlenose Dolphin Tursiose truncatui Marine Mammal Protection Act Protected

Shortnose sturgeon Acipenser brevirostrum Endangered

Atlantic sturgeon Acipenser oxyrhynchus oxyrhynchus

Endangered

Green sea turtle Chelonia mydas Threatened

Loggerhead sea turtle Caretta caretta Threatened

Kemp's ridley sea turtle Lepidochelys kempii Endangered

Leatherback sea turtle Dermochelys coriacea Endangered

Hawksbill sea turtle Eretmochelys imbricata Endangered

Smalltooth sawfish Pristis pectinata Endangered

Eastern Indigo snake Drymarchon corais couperi Threatened

Gopher tortoise Goperus polyphemus Candidate

Piping plover Charadrius melodus Threatened

Red knot Calidris canutus rufa Threatened

Bald eagle Haliaeetus leucocephalus Bald and Golden Eagle Act protected

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Common Name Scientific Name ESA Status

Wood Stork Mycteria americana Threatened

Instruct personnel associated with the project of the potential presence of listed species as noted in the Table 3.1.5.1 in the area and the need to avoid collisions with and/or harming these animals. All construction personnel will be advised that there are civil and criminal penalties for harming, harassing, or killing, or attempting to harm, harass or kill or listed species as noted in the Table 3.1.5.1 in the area 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 will be held responsible for any listed species as noted in the Table 3.1.5.1 in the area harmed, harassed, or killed as a result of construction activities.

a. Siltation Barriers: Made of material in which manatees cannot become entangled, properly secured, and regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat.

b. Special Operating Conditions:

(1) All vessels associated with the project will operate at no wake/idle speeds at all times while in waters…