W912EP25BA013_PBCMT25_AMD_0001_specs_plans.pdf

SF 30 CONTINUATION SHEET

Shore Protection Project Beach Renourishment Palm Beach Mid-Town

Palm Beach County, Florida

W912EP25BA013 1 Amendment 0001

SUMMARY OF CHANGES

1. SPECIFICATIONS:

DELETE GDR and REPLACE with the attached revised GDR.

DELETE Section 01 11 00 and REPLACE with the attached revised Section 01 11 00.

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

DELETE Section 35 20 25 and REPLACE with the attached revised Section 35 20 25.

2. DRAWINGS:

DELETE Sheet C-10 and REPLACE with the attached revised Sheet C-10.

DELETE Sheet C-11 and REPLACE with the attached revised Sheet C-11.

DELETE Sheet C-12 and REPLACE with the attached revised Sheet C-12.

DELETE Sheet C-14 and REPLACE with the attached revised Sheet C-14.

3. For Information Only:

N/A

(End of Summary of Changes)

BEACH RENOURISHMENT PALM BEACH MID-TOWN

PALM BEACH COUNTY, FLORIDA

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.3 WORK COVERED BY CONTRACT DOCUMENTS

1.3.1 Project Description

1.3.2 Location

1.3.3 Work Restrictions

1.3.4 Local Sponsor

1.3.5 Variances from the Town of Palm Beach Code of Ordinances

1.3.6 Safety Requirements

1.3.7 Work Performed by Others

1.4 EXISTING WORK

1.5 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

1.6 LIQUIDATED DAMAGES - CONSTRUCTION

1.7 PHYSICAL DATA

1.7.1 Physical Conditions

1.7.2 Weather, Water Stage and Tide Data

1.7.3 Contractor Investigation

1.7.4 Maritime Traffic

1.7.5 Obstruction of Channel

1.7.6 Hydrographic Surveys

1.7.7 Surveys

1.8 LAYOUT OF WORK

1.8.1 Established Project Control

1.8.2 Layout

1.8.3 Survey

1.9 DAMAGE TO WORK

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

SECTION 01 11 00 Page 1 W912EP25BA013 Amendment 0001

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

GDR Section 00 31 32, Geotechnical Data Report for Palm Beach Shore Protection Project Mid-Town Segment

EM 385-1-1 (2024) Safety and Occupational Health (SOH) Requirements

Surveys Electronic Survey Files Provided for:

Survey Numbers 19-010, 19-035, and 19-038

1.2 DEFINITIONS

1.3 WORK COVERED BY CONTRACT DOCUMENTS

1.3.1 Project Description

This project will renourish the shoreline in Palm Beach County, between Florida Department of Environmental Protection (FDEP) Range Monuments R-92.1 and R-102. The project includes construction of a beach berm. The sand for the project will be sourced from a combination of borrow sources in the area, Palm Beach Harbor Entrance Channel and Settling Basins, Northern Borrow Area 1, and Northern Borrow Area 2. Palm Beach Harbor Entrance Channel and Settling Basins and Northern Borrow Area 2 are approximately 4 nautical miles from the midpoint of the project fill area.

Northern Borrow Area 1 is approximately 5 nautical miles from the midpoint of the project fill area. Work also includes but is not limited to environmental species monitoring, turbidity monitoring, beach tilling, beach fill quality control, screening, and vibration control and monitoring.

1.3.2 Location

Mid-Town is located along the east coast of Florida in the central portion of Palm Beach County, in the Town of Palm Beach.

1.3.3 Work Restrictions

Beach fill placement, grading, tilling or any other work or storage on the beach, known herein as beach fill work, is not permitted during the period from May 1st through October 31st. Mechanical Dredging is prohibited in Palm Beach Harbor. Dredging restrictions apply to the shaded portion of

SECTION 01 11 00 Page 2

NBA-2 in accordance with SARBO Table 54. Nighttime mechanical dredging is prohibited in the areas of the Palm Beach Harbor Entrance Channel and Settling Basins. Daytime mechanical dredging is contingent upon approval from Florida Fish and Wildlife (FWC). The Contracting Officer will coordinate requests. Do not place pipeline outside of pipeline corridors or the beach fill limits. See section 01 57 20 , ENVIRONMENTAL PROTECTION.

1.3.4 Local Sponsor

Public Works Department, Town of Palm Beach is the local sponsor who may participate in the Initial Partnering Meeting indicated in Section 01 30 00

ADMINISTRATIVE PROCEDURES.

1.3.5 Variances from the Town of Palm Beach Code of Ordinances

This project has received variances from the following Town ordinances to allow for 24 hours per day, seven days per week operation:

1. Section 42-198, which prohibits operation of equipment or machinery during winter, Sundays, and legal holidays

2. Section 42-199, which prohibits work between 5:00 pm and 8:00 am

3. Sections 42-226 through 229, which regulates noise measurement requirements

1.3.6 Safety Requirements

See Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS and EM 385-1-1 .

1.3.7 Work Performed by Others

See paragraph PROJECT COORDINATION of Section 01 30 00 ADMINISTRATIVE

PROCEDURES.

1.4 EXISTING WORK

Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work must be in a condition equal to or better than that which existed before new work started.

1.5 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

Read this paragraph in conjunction with the Clause COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10).

1.6 LIQUIDATED DAMAGES - CONSTRUCTION

Refer to the Clause LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12) in Volume 1.

1.7 PHYSICAL DATA

Read this paragraph in conjunction with the Clause PHYSICAL DATA (FAR 52.236-4).

SECTION 01 11 00 Page 3

1.7.1 Physical Conditions

The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and/or by core borings. When the indicated physical conditions are the result of site investigations by core borings, the core boring logs and laboratory data are in Section 00 31 32 GEOTECHNICAL DATA REPORT ( GDR) and the core boring locations are shown on the drawings. Also, see the GDR for instructions concerning availability of core borings for inspection.

1.7.2 Weather, Water Stage and Tide Data

See Section 00 33 50 WEATHER, WATER STAGE AND TIDE DATA for applicable data links and information to where the Contractor can ascertain the weather conditions that could be encountered at the project location. The information provided does not preclude the Contractor from assessing and scheduling for adverse weather.

1.7.3 Contractor Investigation

Refer to the Clause SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(FAR 52.236-3).

1.7.4 Maritime Traffic

Marine Traffic in the project area consists of Naval, cruise ships, commercial, pleasure, and small recreational vessels of all types and sizes which can be accommodated by existing depths.

1.7.5 Obstruction of Channel

The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of any vessels, promptly move said plant on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work, promptly remove the plant, including ranges, buoys, piles, and other marks placed under the Contract in navigable waters or on shore.

1.7.6 Hydrographic Surveys

Hydrographic surveys are p rovided on the ehydro web site:

https://www.arcgis.com/apps/opsdashboard/index.html#/4b8f2ba307684cf597617bf1b6d2f85d Survey numbers are indicated on the drawings.

1.7.7 Surveys

Surveys indicated in paragraph REFERENCES above are provided as separate electronic files.

1.8 LAYOUT OF WORK

Read this paragraph in conjunction with the Clause LAYOUT OF WORK (FAR

SECTION 01 11 00 Page 4

52.236-17).

1.8.1 Established Project Control

The Government has established monuments along the work site(s). Each monument is represented in the contract drawings by a Designation and in most cases, an alphanumeric Permanent Identifier (PID). Information concerning the location and elevations can be found within the Survey Notes on the plan sheets. The Survey Notes for each included field survey will cite a particular survey number, and specify the control used to conduct that survey. Additional information is included in the Survey Notes that must be duplicated if an attempt to recreate the subject survey is desired.

For navigation channels, the Government has established tidal calibration sites for projects constructed and maintained to a tidal datum. Each tidal calibration site is represented in the plan sheet drawings by Station ID, and is cited in the Survey Notes. Calibrate all projects constructed and maintained to a tidal datum to the Station ID specified in the plan sheet drawings. Information regarding the location and associated benchmarks of the referenced Station ID is included in the Monument Description section of these specifications.

See Sections 00 31 21 CONTROL MONUMENT DESCRIPTIONS - MID-TOWN PLACEMENT

AREA.

1.8.2 Layout

From the monuments, control data and elevations established by the Government, complete the layout of the work and obtain all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

1.8.3 Survey

The Contractor shall furnish, at his own expense, such stakes, templates,platforms, equipment, tools and material, and all labor as may be required in laying out any part of the work from the monuments, control data and elevations established by the Government. It shall be the responsibility of the Contractor to maintain and preserve all monuments, stakes and other marks established by the Contracting Officer until authorized to remove them, and if such marks or monuments are destroyed by the Contractor or through his negligence, prior to their authorized removal, they may be replaced by the Contracting Officer, at his discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

1.9 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work will be as set forth in Clause PERMITS AND RESPONSIBILITIES. However, if any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado, which damage is not due to the failure

SECTION 01 11 00 Page 5 of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable Contract unit or job prices as fixed and established in the Contract. If, in the opinion of the Contracting Officer, there are no contract unit or job prices applicable to any part of such work, an equitable adjustment pursuant to Clause CHANGES will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or job prices. Except as herein provided, repair damage to all work (including temporary construction), utilities, materials, equipment and plant at the Contractor's expense, regardless of the cause of such damage.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section --

SECTION 01 11 00 Page 6

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 PERSONNEL TRAINING

1.6 PERMITS AND AUTHORIZATIONS

1.7 SUBMITTALS

1.8 ENVIRONMENTAL PROTECTION PLAN

1.9 QUALIFICATIONS

1.9.1 Marine Turtle Nesting Monitor and Relocation Qualifications

1.9.2 Bird Monitoring Qualifications

1.9.3 Endangered Species Observer Qualifications (For Hopper Dredges

Only)

1.10 SUBCONTRACTORS

1.11 NOTIFICATION

1.12 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

3.1.1 General Project Environmental Design and Installation Criteria

3.1.1.1 Sewage-Based Systems Environmental Design and Installation

Criteria

3.1.2 Protection of Land Resources

3.1.2.1 Work Area Limits

3.1.2.2 Contractor Facilities and Other Work Areas

3.1.2.3 Solid Wastes

3.1.2.4 Fuel, Oil, and Lubricants

3.1.2.5 Hazardous Waste

3.1.2.6 Hazardous Materials

3.1.2.7 Disposal of Other Materials

3.1.3 Preservation and Recovery of Historic, Archeological, and

Cultural Resources

3.1.3.1 Applicable Law

3.1.3.2 Known Resources

3.1.3.3 Inadvertent Discoveries

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

3.1.4 Protection of Water Resources

3.1.4.1 Monitoring of Water Areas

3.1.4.2 Turbidity

3.1.4.3 Oil, Fuel, and Hazardous Substance Spill Prevention and

SECTION 01 57 20 Page 1

Mitigation

3.1.5 Protection of Fish and Wildlife Resources

3.1.5.1 Listed Species Protection

3.1.5.2 Protected Listed Species Sighting Reports

3.1.5.3 Protected Species Summary Report

3.1.5.4 Endangered Species Observers (Hopper Dredge Only)

3.1.5.5 Disposition of Endangered or Threatened Species Carcasses

3.1.5.6 Hopper Dredge Equipment

3.1.5.7 Suspension of Dredging Due to Take (Hopper Dredge Only)

3.1.5.8 Sea Turtle Beach Nest Monitoring

3.1.5.9 Beach Placement Restrictions

3.1.5.10 Escarpments

3.1.5.11 Pipeline Corridors

3.1.5.12 Pre-Construction Pipeline Corridor Survey

3.1.5.13 Hardbottom Protection

3.1.5.13.1 Hardbottom/Reef Protection Plan

3.1.5.13.2 Scientific Divers

3.1.5.14 Protection of Shorebird and Shorebird Surveys

3.1.5.15 Protection of Piping Plover and Rufa Red Knot

3.1.5.16 Shorebird Buffer Zones and Travel Corridors

3.1.5.17 Dune Restoration

3.1.6 Seagrass Protection Measures

3.1.7 Protection of Air Resources

3.1.7.1 Particulates

3.1.7.2 Odors

3.1.8 Protection of Sound Intrusions

3.2 POSTCONSTRUCTION CLEANUP

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND AQUATIC 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

3.7 Applicable Tables and Attachments

ATTACHMENTS:

Attachment A Table 54. Channel and Borrow Area Dredging Scenarios Covered under the 2020 SARBO within the Range of ESA-Listed Corals.

-- 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:

https://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 385-1-1 (2024) Safety and Occupational Health (SOH) Requirements

ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IES)

IES RP-12 (1997) Recommended Practice for Marine Lighting

IES RP-16 (2010; Addendum A 2008; Addenda B & C 2009) Nomenclature and Definitions for Illuminating Engineering

Code of Federal Regulations (CFR) indicated herein may be found at https://www.govinfo.gov/app/collection/cfr.

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 PERSONNEL TRAINING

The Contractor is to train their personnel in all phases of environmental protection.

1.6 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 Beach Management Agreement Permit No. 0328802-001-BMA; Effective Date: 19 August 2013;

Expiration: 19 August 2028. Individual Project Approval No.

0328802-020-BMA; Effective Date: 11 August 2025.

b. USFWS Statewide Programmatic Biological Opinion (SPBO); see (https://www.saj.usace.army.mil/About/Divisions-Offices/Planning /Environmental-Branch/Environmental-Documents/) (Click "+" next to "District Wide".)

c. USFWS Piping Plover Programmatic Biological Opinion (P3BO); see (https://www.saj.usace.army.mil/About/Divisions-Offices/Planning/ Environmental-Branch/Environmental-Documents/) (Click "+" next to"District Wide".)

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/

SECTION 01 57 20 Page 4

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.

1.7 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES.

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

Pre-Construction Pipeline Corridor Survey ; G, DO

SD-02 Shop Drawings

Turtle Deflector Device ; G, DO

Hardbottom/Reef Protection Plan ; G, DO

SD-06 Test Reports

Escarpment Site Visit Report(s) ; G, DO

Log Of The Results Of Turtle Egg Monitoring And Recovery Activities ;

G, DO

Protected Listed Species Sighting Reports ; G, DO

Weekly Protected Species Summary Report ; G, DO

Nonbreeding Shorebird Survey ; G, DO

SD-07 Certificates

Marine Turtle Nesting Monitor And Relocation Qualifications ; G, DO

Bird Monitoring Qualifications ; G, DO

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

SD-11 Closeout Submittals

Protected Species Summary Report ; G, DO

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

Logs/Summary Of Marine Turtle Nesting And Relocation ; G, DO

Invasive And Nuisance Species Report ; G, DO

Project Environmental Summary Sheet ; G, DO

SECTION 01 57 20 Page 5

1.8 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 and cc the Environmental Compliance POC. 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 is to begin prior to acceptance of the plan or an interim plan covering the work to be performed.

The EPP is to have a Table of Contents. Pages of the EPP will be numbered, including appendices. Sections of the plan and all appendices are to be indexed in the table of contents. The Environmental Protection Plan is to include but not be limited to the following:

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

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

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

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

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

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

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

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

SECTION 01 57 20 Page 6 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 be a secondary containment (110% of full tank capacity) for any fuel storage tanks (including pumps/generators). This is to include temporary fuel storage above 550 gallons. Any fuel storage container with more than 550 gallon capacity, trailer mounted or otherwise, left on the job site for more than 24 hours must comply with the secondary containment with over head cover unless specifically authorized by the COR. 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. Plan of borrow area(s).

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

n. 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 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 are to also be incorporated into this plan.

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

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

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

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

SECTION 01 57 20 Page 7

1.9 QUALIFICATIONS

The individual(s) are to 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.

1.9.1 Marine Turtle Nesting Monitor and Relocation Qualifications

Submit to the Contracting Officer and cc the Environmental Compliance POC qualifications and Florida Fish and Wildlife Conservation Commission (FF&WCC) permit no later than 5 calendar days after Notice to Proceed. A FF&WCC permitted subcontractor is required to be approved by the Contracting Officer to accomplish the sea turtle monitoring and relocation of this section unless they demonstrate to the satisfaction of the Contracting Officer the capability to accomplish sea turtle monitoring and relocation by obtaining a permit from the FF&WCC for daily monitoring and relocation that is specific to the project beach area.

1.9.2 Bird Monitoring Qualifications

No later than 5 calendar days after Notice to Proceed, the Contractor is to furnish to the Contracting Officer and cc the Environmental Compliance POC for approval, the qualifications of the bird monitor(s). Appropriate qualifications for bird monitor(s) are to have demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. Bird monitor(s) are to be familiar with the general information, data collection protocol, and data entry procedures outlined on the FF&WCC Florida Shorebird Database website (http://www.flshorebirddatabase.org/). Consult with and coordinate all monitoring plans and activities with the Contracting Officer. 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 shorebirds that occur in the project area,

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

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

(https://app.myfwc.com/crossdoi/shorebirds/)

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

Training resources can be found on the Florida Shorebird Database (FSD): https://app.myfwc.com/crossdoi/shorebirds/

SECTION 01 57 20 Page 8

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/).

f. Has registered as a contributor to the Florida Shorebird Database

(FSD).

1.9.3 Endangered Species Observer Qualifications (For Hopper Dredges Only)

Submit to the Contracting Officer and cc the Environmental Compliance POC 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.

1.10 SUBCONTRACTORS

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

1.11 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 are to be granted or costs or damages allowed to the Contractor for any such suspension.

Within 30 calendar days following project completion, the Contractor is to submit to the Contracting Officer and cc the Environmental Compliance POC the Project Environmental Summary Sheet . The Project Environmental Summary Sheet is to provide absence or occurrence of environmental incidents, as indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

1.12 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 are to 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.

SECTION 01 57 20 Page 9

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 is to be as stated in the following subparagraphs.

3.1.1 General Project Environmental Design and Installation Criteria

Some project sites have features that must 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 are to 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 is to 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 is to 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 are to 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

SECTION 01 57 20 Page 10 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 are to 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 are to 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 Contractor Facilities and Other Work Areas

Locate facilities, staging and other work areas as indicated in Section 01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS, 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.

3.1.2.3 Solid Wastes

The Contracting Officer will approve the type of solid waste containers, staging areas on land for these containers, the roads to haul the solid waste, and the final solid waste disposal site. In addition, comply with Federal, State and local regulations pertaining to the use of the solid waste disposal site.

Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Conduct handling and disposal to prevent contamination.

SECTION 01 57 20 Page 11

3.1.2.4 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 are to 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. If any spilling of fuel occurs, 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 is to be conducted such that any accidental spills will be prevented from entering surface waters or wetlands.

3.1.2.5 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.

3.1.2.6 Hazardous Materials

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

3.1.2.7 Disposal of Other Materials

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 an 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 are to be reported immediately to the Contracting Officer so that the USACE Project

SECTION 01 57 20 Page 12

Archaeologist 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, USACE Project Archaeologist 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 USACE staff members provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed.

The possibility of encountering submerged cultural resources is inherent in dredging and snagging operations. Such findings could include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log dugouts), and other structural features intact or displaced. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. Suspected cultural materials inadvertently gathered from a water-saturated context should be kept moist by re-immersion, spraying, or some other expedient means of wetting until the Contracting Officer provide further directives in coordination with the USACE Project Archaeologist. No interviews or other contact with the media or federal, tribal or state agencies are to 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 USACE representative is to be immediately notified. The USACE Project Archaeologist will notify the local medical examiner, and the appropriate State Historic Preservation Office (SHPO) and Tribal Historic Preservation Office(s) (THPO). 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 is not to 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. If an inadvertent discovery be of the nature that substantial impact(s) to the work schedule are evident, such delays are to be coordinated with the Contracting Officer. Contract adjustments resulting from compliance with this paragraph are to be determined in accordance with Clause DIFFERING SITE CONDITIONS.

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. Use construction methods that protect wetland and surface water

SECTION 01 57 20 Page 13 areas from damage due to mechanical grading, erosion, sedimentation and turbid discharges. Storageing or stockpiling of equipment, tools, or materials within wetlands or along the shoreline within the littoral zone is not allowed 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.

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 is to be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following is to 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, the National Response Center (NRC) at 1-800-424-8802. For spills into wetlands or waterways, regardless of quantity, and terrestrial spills over 25 gallons, report to the Florida Department of Environmental Protection's (FDEP) State Warning Point at 1-800-320-0519 within 24 hours. This immediate response must include the suspension of any pumping/dewatering activities that could transport the spilt material to another location. Pumping must be suspended until the spill site is cleaned up and has no visible chemical sheen on the water surface. The Contractor is fully responsible, at no addition cost to the government for the remediation the spill cleanup to include the spill site and any location the spilt material was transferred to.

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

(4) To control the spread of any potential spill, absorbent materials are to 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 is not to be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills are to 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

SECTION 01 57 20 Page 14 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 Act (MMPA) species is harmed as a result of construction activities, cease all work and notify the Contracting Officer.