SF30_W912HP-17-B-0003_MB_Nourishment_20170517.pdf

MYRTLE BEACH STORM DAMAGE REDUCTION PROJECT

HORRY AND GEORGETOWN COUNTIES, SOUTH CAROLINA W912HP-17-B-0003

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 45 00.15 10

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

11/16

PART 1 GENERAL

1.1 REFERENCES

1.2 Contract Administration

1.2.1 Correspondence and Electronic Communications

1.2.2 Other Factors

1.3 RMS SOFTWARE

1.3.1 RMS CONTRACTOR MODE (CM)

1.4 SYSTEM REQUIREMENTS

1.5 RELATED INFORMATION

1.5.1 RMS User Guide

1.6 CONTRACT DATABASE

1.7 DATABASE MAINTENANCE

1.7.1 Administration

1.7.1.1 Contractor Information

1.7.1.2 Subcontractor Information

1.7.1.3 Correspondence

1.7.1.4 Equipment

1.7.1.5 Management Reporting

1.7.1.6 Request For Information (RFI)

1.7.2 Finances

1.7.2.1 Pay Activity Data

1.7.2.2 Payment Requests

1.7.3 Quality Control (QC)

1.7.3.1 Daily Contractor Quality Control (CQC) Reports.

1.7.3.2 Deficiency Tracking.

1.7.3.3 QC Requirements

1.7.3.4 Three-Phase Control Meetings

1.7.3.5 Labor and Equipment Hours

1.7.3.6 Accident/Safety Reporting

1.7.3.7 Features of Work

1.7.3.8 Hazard Analysis

1.7.4 Submittal Management

1.7.5 Schedule

1.7.6 Import/Export of Data

1.8 IMPLEMENTATION

1.9 MONTHLY COORDINATION MEETING

1.10 NOTIFICATION OF NONCOMPLIANCE

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 45 00.15 10 Page 1

SECTION 01 45 00.15 10 Page 2

SECTION 01 45 00.15 10

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

11/16

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

ER 1-1-11 (1995) Administration -- Progress, Schedules, and Network Analysis Systems

1.2 Contract Administration

The Government will use the Resident Management System (RMS) to assist in its monitoring and administration of this contract. The Contractor uses the Government-furnished Construction Contractor Mode of RMS, referred to as RMS CM, to record, maintain, and submit various information throughout the contract period. The Contractor mode user manuals, updates, and training information can be downloaded from the RMS web site http://rms.usace.army.mil and http://rmsdocumentation.com. The joint Government-Contractor use of RMS facilitates electronic exchange of information and overall management of the contract. RMS CM provides the means for the Contractor to input, track, and electronically share information with the Government in the following areas:

Administration Finances Quality Control Submittal Monitoring Scheduling Import/Export of Data

1.2.1 Correspondence and Electronic Communications

For ease and speed of communications, exchange correspondence and other documents in electronic format to the maximum extent feasible between the Government and Contractor. Correspondence, pay requests and other documents comprising the official contract record are also be provided in paper format, with signatures and dates where necessary. Paper documents will govern, in the event of discrepancy with the electronic version.

1.2.2 Other Factors

Particular attention is directed to Contract Clause, "Schedules for Construction Contracts", Contract Clause, "Payments", Section 01 33 00 SUBMITTAL PROCEDURES, and Section 01 45 00.00 10 QUALITY CONTROL, which

SECTION 01 45 00.15 10 Page 3 have a direct relationship to the reporting to be accomplished through RMS. Also, there is no separate payment for establishing and maintaining the RMS database; costs associated will be included in the contract pricing for the work.

1.3 RMS SOFTWARE

RMS is a Windows-based program that can be run on a Windows based PC meeting the requirements as specified in Section 1.3. The Government will make available the RMS software to the Contractor after award of the construction contract. Prior to the Pre-Construction Conference, the Contractor will be responsible to download, install and use the latest version of the RMS software from the Government's RMS Internet Website.

Any program updates of RMS will be made available to the Contractor via the Government RMS Website as the updates become available.

1.3.1 RMS CONTRACTOR MODE (CM)

RMS Contractor Mode or RMS CM is the replacement for Quality Control System or QCS. The database remains the same. References to RMS in this specification includes RMS CM.

RMS CM will become operational in Calendar Year 2017. At no additional cost to the Government, the Contractor shall use either QCS (Section 01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)) or RMS CM (SECTION 01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)) as directed by the Contracting Officer depending on the timing of contract award and software releases.

1.4 SYSTEM REQUIREMENTS

The following is the minimum system configuration required to run RMS and Contractor Mode:

Minimum RMS System Requirements

Hardware

Windows-based PC 1.5 GHz 2 core or higher processor

RAM 8 GB

Hard drive disk 200 GB space for sole use by the RMS system

Monitor Screen resolution 1366 x 768

Mouse or other pointing device

Windows compatible printer Laser printer must have 4 MB+ of

RAM

Connection to the Internet minimum 4 Mbs per user

SECTION 01 45 00.15 10 Page 4

Minimum RMS System Requirements

Software

MS Windows Windows 7 x 64 bit (RMS requires 64 bit O/S) or newer

Word Processing software Viewer for MS Word 2013, MS Excel 2013, or newer

Microsoft.NET Framework Coordinate with Government QA Representative for free version required

Email MAPI compatible

Virus protection software Regularly upgraded with all issued manufacturer's updates and is able to detect most zero day viruses.

1.5 RELATED INFORMATION

1.5.1 RMS User Guide

After contract award, download instructions for the installation and use of RMS from the Government RMS Internet Website.

1.6 CONTRACT DATABASE

Prior to the pre-construction conference, the Government will provide the Contractor with basic contract award data to use for RMS. The Government will provide data updates to the Contractor as needed. These updates will generally consist of submittal reviews, correspondence status, Quality Assurance(QA) comments, and other administrative and QA data.

1.7 DATABASE MAINTENANCE

Establish, maintain, and update data in the RMS database throughout the duration of the contract at the Contractor's site office. Submit data updates to the Government (e.g., daily reports, submittals, RFI's, schedule updates, payment requests) using RMS. The RMS database typically includes current data on the following items:

1.7.1 Administration

1.7.1.1 Contractor Information

Contain within the database the Contractor's name, address, telephone numbers, management staff, and other required items. Within 7 calendar days of receipt of RMS software from the Government, deliver Contractor administrative data in electronic format in RMS.

1.7.1.2 Subcontractor Information

Contain within the database the name, trade, address, phone numbers, and other required information for all subcontractors. A subcontractor is listed separately for each trade to be performed. Assign each

SECTION 01 45 00.15 10 Page 5 subcontractor/trade a unique Responsibility Code, provided in RMS. Within 7 calendar days of receipt of RMS software from the Government, deliver subcontractor administrative data in electronic format.

1.7.1.3 Correspondence

Identify all Contractor correspondence to the Government with a serial number. Prefix correspondence initiated by the Contractor's site office with "S". Prefix letters initiated by the Contractor's home (main) office with "H". Letters are numbered starting from 0001. (e.g., H-0001 or S-0001). The Government's letters to the Contractor will be prefixed with "C".

1.7.1.4 Equipment

Contain within the Contractor's RMS database a current list of equipment planned for use or being used on the jobsite, including the most recent and planned equipment inspection dates.

1.7.1.5 Management Reporting

RMS includes a number of reports that Contractor management can use to track the status of the project. The value of these reports is reflective of the quality of the data input, and is maintained in the various sections of RMS. Among these reports are: Progress Payment Request worksheet, Quality Assurance/Quality Control (QA/QC) comments, Submittal Register Status, Three-Phase Control checklists.

1.7.1.6 Request For Information (RFI)

Exchange all Requests For Information (RFI) using the Built-in RFI generator and tracker in RMS.

1.7.2 Finances

1.7.2.1 Pay Activity Data

Include within the RMS database a list of pay activities that the Contractor develops in conjunction with the construction schedule. The sum of pay activities equals the total contract amount, including modifications. Each pay activity must be assigned to a Contract Line Item Number (CLIN). The sum of the activities equals the amount of each CLIN.

The sum of all CLINs equals the contract amount.

1.7.2.2 Payment Requests

Prepare all progress payment requests using RMS. Complete the payment request worksheet, prompt payment certification, and payment invoice in RMS. Update the work completed under the contract, measured as percent or as specific quantities, at least monthly. After the update, generate a payment request report using RMS. Submit the payment request, prompt payment certification, and payment invoice with supporting data using RMS CM. If permitted by the Contracting Officer, email or a optical disc may be used. A signed paper copy of the approved payment request is also required and will govern in the event of discrepancy with the electronic version.

SECTION 01 45 00.15 10 Page 6

1.7.3 Quality Control (QC)

RMS provides a means to track implementation of the 3-phase QC Control System, prepare daily reports, identify and track deficiencies, document progress of work, and support other Contractor QC requirements. Maintain this data on a daily basis. Entered data will automatically output to the RMS generated daily report. Provide the Government a Contractor Quality Control (CQC) Plan within the time required in Section 01 45 00.00 10 QUALITY CONTROL. Within seven calendar days of Government acceptance, submit a RMS update reflecting the information contained in the accepted CQC Plan: schedule, pay activities, features of work, submittal register, QC requirements, and equipment list.

1.7.3.1 Daily Contractor Quality Control (CQC) Reports.

RMS includes the means to produce the Daily CQC Report. The Contractor can use other formats to record basic Quality Control(QC) data. However, the Daily CQC Report generated by RMS must be the Contractor's official report. Summarize data from any supplemental reports by the Contractor and consolidate onto the RMS-generated Daily CQC Report. Submit daily CQC Reports as required by Section 01 45 00.00 10 QUALITY CONTROL.

Electronically submit reports to the Government within 24 hours after the date covered by the report. Also provide the Government a signed, printed copy of the daily CQC report.

1.7.3.2 Deficiency Tracking.

Use RMS to track deficiencies. Deficiencies identified by the Contractor will be numerically tracked using its Quality Control (QC) punch list items. Maintain a current log of its QC punch list items in the RMS database. The Government will log the deficiencies it has identified using its Quality Assurance (QA) punch list items. The Government's QA punch list items will be included in its export file to the Contractor.

Regularly update the correction status of both QC and QA punch list items.

1.7.3.3 QC Requirements

Develop and maintain a complete list of QC testing and required structural and life safety special inspections required by the International Code Council (ICC), transferred and installed property, and user training requirements in RMS. Update data on these QC requirements as work progresses, and promptly provide the information to the Government via RMS.

1.7.3.4 Three-Phase Control Meetings

Maintain scheduled and actual dates and times of preparatory and initial control meetings in RMS.

1.7.3.5 Labor and Equipment Hours

Log labor and equipment exposure hours on a daily basis. The labor and equipment exposure data will be rolled up into a monthly exposure report.

1.7.3.6 Accident/Safety Reporting

The Government will issue safety comments, directions, or guidance whenever safety deficiencies are observed. The Government's safety comments will be provided via RMS CM. Regularly update the correction status of the safety comments. In addition, utilize RMS to advise the Government of any

SECTION 01 45 00.15 10 Page 7 accidents occurring on the jobsite. A brief supplemental entry of an accident is not to be considered as a substitute for completion of mandatory reports, e.g., ENG Form 3394 and OSHA Form 300.

1.7.3.7 Features of Work

Include a complete list of the features of work in the RMS database. A feature of work is associated with multiple pay activities. However, each pay activity (see subparagraph "Pay Activity Data" of paragraph "Finances") will only be linked to a single feature of work.

1.7.3.8 Hazard Analysis

Use RMS CM to develop a hazard analysis for each feature of work included in the CQC Plan. The Activity Hazard Analysis will include information required by EM 385-1-1, paragraph 01.A.13.

1.7.4 Submittal Management

The Government will provide the initial submittal register in electronic format. Thereafter, maintain a complete list of submittals, including completion of data columns. Dates when submittals are received and returned by the Government will be included. Use RMS CM to track and transmit submittals. ENG Form 4025, submittal transmittal form, and the submittal register update is produced using RMS. RMS will be used to update, store and exchange submittal registers and transmittals. In addition to requirements stated in Section 01 33 00 SUBMITTAL PROCEDURES, actual submittals are to be stored in RMS CM, with hard copies also provided. Exception will be where the Contracting Officer specifies only hard copies required, where size of document cannot be saved in RMS CM, and where samples, spare parts, color boards, and full size drawings are to be provided.

1.7.5 Schedule

Develop a construction schedule consisting of pay activities, in accordance with Contract Clause, "Schedules for Construction Contracts". Input and maintain in the RMS database the schedule either manually or by using the Standard Data Exchange Format (SDEF). Include with each pay request the updated schedule. Provide electronic copies of transmittals.

1.7.6 Import/Export of Data

RMS includes the ability to import schedule data using SDEF. See ER 1-1-11 for SDEF requirements.

1.8 IMPLEMENTATION

Use of RMS CM as described in the preceding paragraphs is mandatory.

Ensure that sufficient resources are available to maintain contract data within the RMS CM system. RMS CM is an integral part of the Contractor's management of quality control.

1.9 MONTHLY COORDINATION MEETING

Update the RMS CM database each workday. At least monthly, generate and submit a schedule update. At least one week prior to submittal, meet with the Government representative to review the planned progress payment data submission for errors and omissions.

SECTION 01 45 00.15 10 Page 8

Make required corrections prior to Government acceptance of the export file and progress payment request. Payment requests accompanied by incomplete or incorrect data submittals will not be accepted. The Government will not process progress payments until all required corrections are processed.

1.10 NOTIFICATION OF NONCOMPLIANCE

The Contracting Officer will notify the Contractor of any detected noncompliance with the requirements of this specification. Take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, will be deemed sufficient for the purpose of notification.

PART 2 PRODUCTS

Not Used

Not Used

-- End of Section --

SECTION 01 45 00.15 10 Page 9

SECTION TABLE OF CONTENTS DIVISION

01 - GENERAL REQUIREMENTS SECTION

01 57 20.00 10 ENVIRONMENTAL

PROTECTION

07/16 Environmental protection during construction activities

1.1 GENERAL REQUIREMENTS

1.2 REFERENCES

1.3 DEFINITIONS

1.3.1 Biological Opinion

1.3.2 Environmental Pollution and Damage

1.3.3 Environmental Protection

1.3.4 Contractor Generated Hazardous Waste

1.3.5 Pesticide

1.3.6 Pests

1.3.7 Waters of the United States

1.3.8 Wetlands

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION

1.7.1 Environmental Protection

1.7.2 Environmental Litigation

1.7.3 Work in Quarantined Areas (1968 May OCE)

1.8 ENVIRONMENTAL PROTECTION PLAN

1.8.1 Compliance

1.8.2 Contents

1.8.3 Appendix

1.9 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL

1.10 NONCOMPLIANCE

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.12 NOTIFICATION

1.13 QUALITY CONTROL

PART 2 PRODUCTS (NOT USED)

3.1 ENVIRONMENTAL COMMITMENTS

3.2 WATER RESOURCES

3.3 AIR RESOURCES

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

3.4.2 Chemicals and Chemical Wastes

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.4.4 Fuel and Lubricants

3.5 RECYCLING AND WASTE MINIMIZATION

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.6.1 Cultural Resource Surveys

MYRTLE BEACH STORM DAMAGE REDUCTION PROJECT - VOLUME 1 OF 2

3.7 BIOLOGICAL RESOURCES

3.8 COMPLIANCE WITH THE ENDANGERED SPECIES ACT AND THE MARINE MAMMALS

PROTECTION ACT

3.8.1 Manatees

3.8.1.1 Protection of Manatees

3.8.1.2 Time Manatee Conditions Apply

3.8.1.3 Standard Manatee Conditions

3.8.1.4 Sightings and Reporting

3.8.2 Avoidance of Right Whales

3.8.2.1 General

3.8.2.2 Vessel Speed

3.8.2.3 Endangered Species Observers

3.8.2.4 Sightings and Reporting

3.8.3 Sea Turtles

3.8.3.1 Dredging Window for Hopper Dredges

3.8.3.2 Equipment Requirements for Hopper Dredges

3.8.3.2.1 Dragheads

3.8.3.2.2 Baskets or Screening

3.8.3.2.3 Floodlights

3.8.3.3 Hopper Dredge Operation

3.8.3.3.1 Operation

3.8.3.3.2 Priming the Dredge Pump

3.8.3.3.3 Water Ports

3.8.3.3.4 Clean-up Procedures

3.8.3.3.5 Turning Operations

3.8.3.3.6 Hopper Dredge Operations Plan

3.8.3.4 Processing Dead Sea Turtles and Shortnose Sturgeon or Parts

3.8.3.5 Taking of Live Sea Turtles and Shortnose Sturgeons

3.8.3.6 Reporting

3.8.3.7 Sea Turtle Nesting and Hatching Season

3.8.3.8 Nighttime Sea Turtle Monitoring Requirements and Procedures

3.8.3.9 Nighttime Lighting

3.8.3.10 Construction Staging Areas

3.8.3.11 Dredge Pipe

3.8.3.12 Escarpments

3.8.3.13 Other Requirements from USFWS Biological Opinion

3.8.3.14 Missed Sea Turtle Nest

3.8.3.15 Injured Sea Turtle

3.9 Class II Observers

3.10 INTEGRATED PEST MANAGEMENT

3.11 PREVIOUSLY USED EQUIPMENT

3.12 HOPPER DREDGING AND TURTLE TRAWLING

3.12.1 Non-Capture Sweep Trawling

3.12.2 Suspension of Dredging and Non-capture Trawl Sweeping

3.12.3 General Guidelines for Corps Discretionary Authority to Initiate

Non-Capture Turtle Sweeping

-- End of Section Table of Contents --

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

04/07

1.1 GENERAL REQUIREMENTS

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable Federal, state and local environmental laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations. The Contractor shall furnish all labor, materials and equipment and perform all work required to prevent environmental pollution and damage as the result of construction operations under this contract. Excavation shall be accomplished using a U.S. Coast Guard ocean certified hopper dredge.

1.2 REFERENCES

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

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 328 Definitions of Waters of the United States

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

49 CFR 171 - 178 Hazardous Materials Regulations

EM 385-1-1 U.S. Army Corps of Engineers Safety and Health Requirements Manual

ER 1110 1 5 (1984) Plant Pest Quarantined Areas and

Foreign Soil Samples, ENG Form 1743, ENG Form 1743A

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1

NATIONAL MARINE FISHERIES SERVICE

Regional Biological Opinion Hopper Dredging in Southeastern United States (September 25, 1997)

US FISH AND WILDLIFE SERVICE

Biological Opinion on the Garden City/Surfside

1.3 DEFINITIONS

1.3.1 Biological Opinion

Statement issued in accordance with Section 7(b)(4) of the Endangered Species Act, specifying the impact of any incidental taking of endangered or threatened species. It also states that reasonable and prudent measures, along with terms and conditions for their implementation, be provided to minimize such impacts. Only incidental takings resulting from action by the agency, including dredging contracted by the agency, that are identified in the statement and that comply with the specified reasonable and prudent alternatives and terms and conditions, are exempt from the takings prohibition of Section 9(a), pursuant to Section 7 of the Endangered Species Act.

1.3.2 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare;

unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.3.3 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.3.4 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.3.5 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.3.6 Pests

The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.3.7 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.3.8 Wetlands

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with WETLAND MANUAL.

1.4 SUBCONTRACTORS

The Contractor shall ensure that all subcontractors comply with the requirements of this section.

1.5 PAYMENT

The Contractor shall be responsible for payment of fees associated with environmental permits, applications, and/or notices obtained by the Contractor. The Contractor shall also be responsible for payment of all fines and fees for violation of, or non-compliance with, Federal, state, regional, and local laws and regulations. No separate payment will be made for work covered under this section, except as follows: Payment for complying with the requirements of Paragraph COMPLIANCE WITH ENDANGERED SPECIES ACT AND MARINE MAMMALS PROTECTION ACT. Payment for complying with the requirements of Paragraph COMPLIANCE WITH ENDANGERED SPECIES ACT AND MARINE MAMMALS PROTECTION ACT, as specified below, will be made at the contract lump sum price in the bidding schedule for complying with Endangered Species Act and Marine Mammals Protection Act. All other costs associated with this section shall be included in the contract prices for other items of work.

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. Submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

Submit a draft plan detailing Contractor's procedures for protecting the environment at the preconstruction conference. Included in this plan the Contractor shall state his proposed method of excavating and placing beach fill within the project area.

Inflow/Overflow Plan; G

The Inflow/Overflow Plan for hopper dredges shall be submitted with the Environmental Protection Plan.

SD-04 Drawings

Turtle Deflectors; G

Submit drawings of the turtle deflectors used on hopper dredges to show the approach angles over the range of dredging depths that may be encountered.

SD-09 Reports

Manatee Sighting Form;

Completed Manatee Sighting Form documenting each manatee sighted, as specified in Paragraph Manatee Sightings.

Operations and Dredging Endangered Species Support (ODESS) Forms

Load Data Form, Sea Turtle Incidental Take Form, Sturgeon Incidental Take Form, and Large Whale Observation Form shall be used per the ODESS Guidance

(ATTACHMENT K-3)

Beach Sea Turtle Sighting Form; FIO

All Sea Turtle sightings on the beach shall be documented on the Sea Turtle Monitoring Log (ATTACHMENT K-4).

1.7 ENVIRONMENTAL PROTECTION

1.7.1 Environmental Protection

It is the responsibility of the Contractor to investigate and comply with all Federal, state, county, and municipal laws concerning pollution of air and water, and for the protection of public and employee health, and for damages to shellfish, fish, and wildlife. The Contractor shall provide sufficient safeguards to prevent pollution to the waterways by spillage or waste of paints, pesticides, fuels, oils, bitumen, calcium chloride, or other similar materials harmful to public health, water quality, fish, shellfish, or wildlife. The Contractor shall undertake immediate corrective action in response to any violation of applicable environmental protection laws and regulations, or the environmental protection provisions of this section.

Federal immunity, supremacy, or preemption may preclude the application of some state or local laws and regulations.

1.7.2 Environmental Litigation

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the Contract Clause SUSPENSION OF WORK. The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provision thereof.

The term "environmental litigation", as used herein, means a criminal or civil proceeding alleging a violation or potential violation of an environmental law, regulation or ordinance related to the work to be performed under this contract.

1.7.3 Work in Quarantined Areas (1968 May OCE)

The work called for by this contract involves activities in a county quarantined by the Department of Agriculture to prevent the spread of certain plant pests that may be present in the soil. The Contractor agrees that all construction equipment and tools to be moved from such counties shall be thoroughly cleaned of all soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, if this contract involves the identification, shipping, storage, testing, or disposal of soils from such a quarantined area, the Contractor agrees to comply with the provisions of ER 1110-1-5 and attachments, a copy of which will be made available by the Contracting Officer upon request. The Contractor agrees to assure compliance with this obligation by all subcontractors.

1.8 ENVIRONMENTAL PROTECTION PLAN

At the preconstruction conference, the Contractor shall submit a written Environmental Protection Plan for review and approval by the Contracting Officer. Implementation of the Environmental Protection Plan will be discussed at the preconstruction conference along with reporting requirements, possible subsequent additions and revisions, and methods for administration of the plan. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this section. The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required construction tasks.

Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. The Environmental Protection Plan shall be current and maintained onsite by the Contractor.

1.8.1 Compliance

No requirement in this Section shall be construed as relieving the Contractor of any applicable Federal, state, and local environmental protection laws and regulations. During Construction, the Contractor shall be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.8.2 Contents

The environmental protection plan shall include, but shall not be limited to, the following:

a. Name of person within the Contractor's organization who is responsible for ensuring adherence to the Environmental Protection Plan.

b. Name and qualifications of person responsible for manifesting hazardous waste to be removed from the site, if applicable.

c. Name and qualifications of person responsible for training the

Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. A list of the primary Federal, state, and local laws and regulations concerning environmental protection that are applicable to the Contractor's proposed operations and the principal requirements imposed by those laws and regulations which apply to the work under this contract.

f. The Spill Control plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under state or local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. This plan shall include as a minimum:

1. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer and U.S. Coast Guard in addition to the legally required Federal, state, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers.

2. The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

3. Training requirements for Contractor's personnel and methods of accomplishing the training.

4. A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazards identified.

5. The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

6. The methods and procedures to be used for expeditious contaminant cleanup.

g. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste. Licenses or permits shall be submitted for solid waste disposal sites that are not a commercial operating facility. Evidence of the disposal facility's acceptance of the solid waste shall be attached to this plan during construction. Reports shall be submitted on the first working day of each month after non-hazardous solid waste has been disposed. The report shall indicate the total amount of waste generated.

h. A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources. The plan shall detail the Contractor's actions to comply with and to participate in Federal, state, regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

i. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and do not travel offsite.

j. A contaminant prevention plan that identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground;

and details provisions for compliance with Federal, state, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be on site at any given time shall be included in the contaminant prevention plan.

The plan shall be updated if new hazardous materials are brought on site or removed from the site.

k. A historical, archaeological, cultural resources and biological resources plan that identifies procedures to be followed if historical archaeological, cultural resources, and biological resources not previously known to be onsite or in the area are discovered during construction. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer.

l. A pesticide treatment plan shall be included and updated, as information becomes available. The plan shall include the sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application and calibration of equipment. The Contractor is responsible for Federal, state, regional, and local pest management record keeping and reporting requirements as well as any additional specific requirements.

m. A biological resources protection plan that defines procedures for identifying and protecting endangered or threatened species, or other biological resources, known to be on the projects site, and/or identifies procedures to be followed if such resources not previously known to be onsite or in the area are discovered during dredging activities. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer. The plan shall include procedures for compliance with any other applicable biological opinions or incidental take statements, including without limitations, the Regional Biological Opinion (including the Incidental Take Statement) in the case of hopper dredging.

1.8.3 Appendix

Copies of all certifications, reports, and termination documents shall be attached, as an appendix, to the Environmental Protection Plan.

1.9 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL

Contractor personnel shall be trained in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment, and shall be thoroughly knowledgeable of Federal, state and local laws and regulations as listed in the Environmental Protection Plan submitted by the Contractor. Quality control personnel will be identified in the Quality Control Plan submitted in accordance with

SECTION 01 45 00.00 10 QUALITY CONTROL.

1.10 NONCOMPLIANCE

The Contracting Officer will notify the Contractor, in writing, of any observed noncompliance with the aforementioned Federal, state, or local laws and regulations, and other elements of the Contractor's environmental protection plan. This shall not relieve the contractor of the responsibility to comply with the aforementioned Federal, state, or local laws and regulations, and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No extensions shall be granted or costs or damages allowed to the Contractor for any such suspension.

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any deviations, requested by the Contractor, from the drawings, plans and specifications which may have an environmental impact will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.12 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. The Contractor shall, after receipt of such notice, take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, shall be deemed sufficient for the purpose of notification.

1.13 QUALITY CONTROL

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

PART 2 PRODUCTS (NOT USED)

3.1 ENVIRONMENTAL COMMITMENTS

The Contractor shall comply with the requirements of this section. The Contractor shall be responsible for obtaining and complying with any additional environmental permits required by Federal, state, regional, and local environmental laws and regulations.

3.2 WATER RESOURCES

The Contractor shall monitor construction activities to prevent pollution of surface and ground waters. Toxic or hazardous chemicals shall not be applied unless otherwise specified. All water areas affected by construction activities shall be monitored by the Contractor. The Contractor shall not enter, disturb, destroy, or allow discharge of contaminants into any wetlands, except as authorized herein.

3.3 AIR RESOURCES

Equipment operation, activities, or processes performed by the Contractor shall be in accordance with all Federal and state air emission and performance laws and standards. Dust particles, aerosols, and gaseous by-products from construction activities shall be controlled at all times, including weekends, holidays and hours when work is not in progress.

Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs.

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes shall be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

3.4.1 Solid Wastes

Solid wastes generated by the Contractor (excluding dredged material) shall be placed in containers that are emptied on a regular schedule. Handling, storage, and disposal shall be conducted to prevent contamination.

Segregation measures shall be employed so that no hazardous or toxic waste will become co-mingled with solid waste. The Contractor shall transport solid waste to shore and dispose of it in compliance with Federal, state, and local requirements for solid waste disposal. A Subtitle D RCRA permitted landfill shall be the minimum acceptable off-site solid waste disposal option. The Contractor shall verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate.

3.4.2 Chemicals and Chemical Wastes

Chemicals shall be dispensed ensuring no spillage to the ground or water.

Periodic inspections of dispensing areas to identify leakage and initiate corrective action shall be performed and documented. This documentation will be periodically reviewed by the Government. Chemical waste shall be collected in corrosion resistant, compatible containers. Collection drums shall be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes shall be classified, managed, stored, and disposed of in accordance with Federal, state, and local laws and regulations.

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171

178. The Contractor shall, at a minimum, manage and store hazardous waste in compliance with 40 CFR 262. The Contractor shall take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. The Contractor shall segregate hazardous waste from other materials and wastes, shall protect it from the weather by placing it in a safe covered location, and shall take precautionary measures against accidental spillage. The Contractor shall be responsible for storage, describing, packaging, labeling, and marking of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, state, and local laws and regulations. The Contractor shall transport Contractor generated hazardous waste in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. The Contractor shall dispose of hazardous waste in compliance with Federal, state and local laws and regulations. Spills of hazardous or toxic materials shall be immediately reported to the Contracting Officer. Cleanup and cleanup costs due to spills shall be the Contractor's responsibility. Disposal of Contractor generated hazardous waste and excess hazardous materials shall be the responsibility of the Contractor.

3.4.4 Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spill and evaporation. Fuel, lubricants and oil shall be managed and stored in accordance with all Federal, State, Regional, and local laws and regulations.

Used lubricants and used oil to be discarded shall be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations. Storage of fuel shall be accordance with all Federal, state, and local laws and regulations.

3.5 RECYCLING AND WASTE MINIMIZATION

The Contractor shall participate in State and local government sponsored recycling programs. The Contractor is further encouraged to minimize solid waste generation throughout the duration of the project.

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

During construction, if any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, all activities that may damage or alter such resources shall be temporarily suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts; bone, or other deposits; constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, the Contractor shall immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in impact to or the destruction of these resources. The Contractor shall secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources.

3.6.1 Cultural Resource Surveys

The contractor shall perform magnetometer and side-scan surveys of the pipeline alignment from the identified Borrow Area to insure that no cultural resources are being impacted. The spacing between survey lines should be no more than 20 meters. As a general guidance, two passes (basically out and back, should provide about a 125-foot wide corridor) of the planned corridor should be sufficient to accomplish this. This is mandatory beyond the 3-mile limit and is inside the 3-mile limits as far as data can be collected due to sea and safety conditions. A letter report shall be submitted, documenting what and how the assessment was performed and the findings. Should any cultural resources be identified along the planned alignment corridor during the survey effort, additional surveys shall be conducted to identify potential areas to relocate any pipeline, anchors, buoys, and anything associated with the dredge pipeline at least 100 feet from the cultural resources.

3.7 BIOLOGICAL RESOURCES

The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention along with measures for their protection will be listed in the Contractor's Environmental Protection Plan prior to the beginning of construction operations. The Contractor shall minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The Contractor shall be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, state, regional, and local laws and regulations. Compliance with the Endangered Species Act and Marine Mammals Protection Act shall be in accordance with Paragraph COMPLIANCE WITH THE ENDANGERED SPECIES ACT AND THE MARINE MAMMALS PROTECTION ACT, below.

3.8 COMPLIANCE WITH THE ENDANGERED SPECIES ACT AND THE MARINE MAMMALS

PROTECTION ACT

Species listed by the Federal government as threatened and endangered receive a high level of protection under the Endangered Species Act of 1973 (PL 93-205), as amended. Threatened or endangered species that may be encountered in the project area during this project include sea turtles, shortnose sturgeon, Atlantic sturgeon, manatees, whales, piping plovers, rufa red knot, and sea beach amaranth. In addition, all marine mammals, including whales, manatees, porpoises, and dolphins, are protected under the Marine Mammal Protection Act of 1972 (PL 92-522), as amended.

Therefore, the Contractor shall take such measures as may be required to assure that any activities conducted as part of this contract do not kill, injure, capture, pursue, harass, or otherwise harm any of these species.

Specific types of equipment and operations pose different types of hazards, so specific protective measures will vary.