PAGE OF PAGES AMENDMENT OF … Cofferdam Seepage Protection (Line Items 0005 and 0039) 1.5.6...

91
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office. AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE 2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable) 7. ADMINISTERED BY (If other than Item 6) CODE STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243 FACILITY CODE 9A. AMENDMENT OF SOLICITATION NUMBER 9B. DATED (SEE ITEM 11) 10A. MODIFICATION OF CONTRACT/ORDER NUMBER 10B. DATED (SEE ITEM 13) 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended. 12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14. CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15C. DATE SIGNED 15A. NAME AND TITLE OF SIGNER (Type or print) 16C. DATE SIGNED 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) PAGE OF PAGES 6. ISSUED BY CODE 8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) CODE 15B. CONTRACTOR/OFFEROR (Signature of person authorized to sign) 16B. UNITED STATES OF AMERICA (Signature of Contracting Officer) Previous edition unusable

Transcript of PAGE OF PAGES AMENDMENT OF … Cofferdam Seepage Protection (Line Items 0005 and 0039) 1.5.6...

Page 1: PAGE OF PAGES AMENDMENT OF … Cofferdam Seepage Protection (Line Items 0005 and 0039) 1.5.6 Dewatering (Line Items 0006 and 0040) 1.5.7 Excavation (Line Items 0007 and 0041)

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

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

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

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SF 30 CONTINUATION SHEET

Herbert Hoover Dike Rehabilitation Structure Replacements S-265 (KI-2) and S-266 (KI-1) Reconstruction,

Okeechobee County, FLORIDA

W912EP-17-R-0006 2 Amendment 0005

SUMMARY OF CHANGES

1. SPECIFICATIONS:

A. In some Volume 1 sections, asterisks appear before and after the line or lines where revisions have been made to the text, and pertain only to changes made by this amendment. In some cases, replacement clauses are attached to this amendment.

B. In Volume 2 sections, the text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs, and pertain only to changes made by this amendment. The entire section is replaced if there is any change. The Project Table of Contents and Submittal Register are replaced without underlines and cross-outs if there are changes to these documents.

Changes to Specifications:

Volume 1 of 2 – Contract Documents:

N/A

Volume 2 of 2 – Technical Specifications:

DELETE Specification section 01 22 00 and REPLACE with the attached revised specification section 01 22 00.

DELETE Specification section 01 33 00 and REPLACE with the attached revised specification section 01 33 00. Submittal register remains unchanged.

DELETE Specification section 01 57 20 and REPLACE with the attached revised specification section 01 57 20.

2. DRAWINGS:

S-266 (KI-1) RECONSTRUCTION

DELETE Drawing No. C-23 and REPLACE with the attached revised Drawing No. C-23.

(End of Summary of Changes)

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 SUMMARY 1.2 QUALITY CONTROL SYSTEM (QCS) 1.2.1 Definition 1.2.2 Instructions 1.3 SUBMITTALS 1.4 PAYMENT PROCEDURES 1.4.1 Lump Sum 1.4.2 Unit Price 1.5 LINE ITEMS 1.5.1 Access (Line Items 0001 and 0035) 1.5.2 Turbidity Monitoring (Line Items 0002 and 0036) 1.5.3 Earthen Cofferdam (Line Items 0003 and 0037) 1.5.4 Cofferdam Armoring (Line Items 0004 and 0038) 1.5.5 Cofferdam Seepage Protection (Line Items 0005 and 0039) 1.5.6 Dewatering (Line Items 0006 and 0040) 1.5.7 Excavation (Line Items 0007 and 0041) 1.5.8 Demolition (Line Items 0008 and 0042) 1.5.9 Sheetpile Scour Cutoff Walls (Line Items 0009 and 0043) 1.5.10 Mud Mat (Line Items 0010 and 0044) 1.5.11 Lakeside Headwall Reinforced Concrete (Line Items 0011 and

0045) 1.5.12 Lakeside Wing Walls Reinforced Concrete (Line Items 0012 and

0046) 1.5.13 Landside Headwall Reinforced Concrete (Line Items 0013 and

0047) 1.5.14 Landside Wing Walls Reinforced Concrete (Line Items 0014 and

0048) 1.5.15 Culvert Structure Reinforced Concrete (Line Items 0015 and

0049) 1.5.16 Lakeside Headwall Embedded Metals (Line Items 0016 and 0050) 1.5.17 Landside Headwall Embedded Metals (Line Items 0017 and 0051) 1.5.18 Miscellaneous Metals (Line Items 0018 and 0052) 1.5.19 Combination Slide/Flap Gate with Actuator (Line Items 0019

and 0053) 1.5.20 Manatee Screen/Debris Barrier (Line Items 0020 and 0054) 1.5.21 Embankment Fill (Line Items 0021 and 0055) 1.5.22 Soil-Bentonite Core (Line Items 0022 and 0056) 1.5.23 Chimney Drain, Drainage Blanket and Filter Collar (Line Items

0023 and 0057) 1.5.24 Limerock Surface (Line Items 0024 and 0058) 1.5.25 Asphalt Pavement (Line Items 0025 and 0059) 1.5.26 Restoration Riprap (Line Items 0026 and 0060) 1.5.27 Intake and Outlet Channel (Line Items 0027 and 0061) 1.5.28 Site Signage (Line Items 0028 and 0062)

W912EP-17-R-0006 SECTION 01 22 00 Page 1 AMD0005

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

1.5.29 Control Building (Line Items 0029 and 0063) 1.5.30 Electrical and Telecommunications Work and Equipment (Line

Items 0030 and 0064) 1.5.31 Sodding (Line Items 0031 and 0065) 1.5.32 Dual Leaf Gates (Line Items 0032 and 0066) 1.5.33 Abandonment Grouting (Line Item 0033) 1.5.34 Stilling Wells (Line Items 0034 and 0068) 1.5.35 Bypass Pumping Standby (Line Item 0067) 1.5.36 Bypass Pump Operation (Line Item 0069) 1.5.37 Contracting Officer's Field Office (Line Item 0070)

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PAYMENT PROCEDURES 3.1.1 Requesting Progress Payment 3.1.2 Options and Modification CLINS

-- End of Section Table of Contents --

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

SECTION 01 22 00

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 SUMMARY

This section describes how Line Items will be measured and paid for when making progress payments. Work to be measured is described in specification sections listed for each Line Item. Measurement procedures for payment, required quantity survey or procurement documentation and payment restrictions are described in applicable specification sections. Allocate costs for work not specifically mentioned to the Line Item most closely associated with work involved. Unless there is a specific Line Item for administrative costs, such as Quality Control and Safety, allocate such costs proportionally across all Line Items.

1.2 QUALITY CONTROL SYSTEM (QCS)

1.2.1 Definition

The terms "Contract Line Item Number (CLIN)" and "Line Item" are interchangeable herein (e.g.: CLIN 0001 is Line Item 0001). The term "CLIN" is a contracting term used in the Quality Control System (QCS) payment data base.

1.2.2 Instructions

See Section 01 45 04 CONTRACTOR QUALITY CONTROL for instructions on linking a CLIN to a schedule of values of pay activities and construction schedule, and in-depth payment procedure.

1.3 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. Transmit submittal items in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Submit the following preconstruction submittal items no later than 230 calendar days after award or 5 calendar days after Notice to Proceed , whichever is later :

SD-01 Preconstruction Submittals

Schedule of Values ; G, RO

Provide a breakdown of lump sum items into proposed pay activities as part of the initial project schedule. Schedule of Values will become basis for CLIN and Pay Activity data in the QCS payment data base.

Utility Invoices

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

Submit invoices from the utility company indicating payment for services covered in the "Electrical Utilities" line item below. Payment under this line item will not be made prior to submission of valid invoices to the Government. The Contractor will be reimbursed for costs indicated on these invoices only.

1.4 PAYMENT PROCEDURES

Payment items for the work in this contract on which the contract payments will be made are listed in the LINE ITEMS AND PRICING SCHEDULE and described below. The price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided. All costs for items of work, which are not specifically mentioned to be included in a particular payment item, shall be included in the listed item most closely associated with the work involved.

1.4.1 Lump Sum

Progress payments for lump sum CLINs will be made in accordance with the Payments Under Fixed-Price Construction Contracts clause of Section 00700 CONTRACT CLAUSES in Volume 1. Submit a list of pay activities, (Schedule of Values) to breakdown bid for each lump sum CLIN. The Schedule of Values shall be submitted for Government approval with the baseline schedule submittal (see Section 01 32 01 PROJECT SCHEDULE. An unbalanced Schedule of Values and Pay Activity Schedule will be returned for revision. If this contract contains either the Continuing Contracts clause or the Continuing Contracts (Alternate) clause, the Contractor should take into account the amount reserved for contract payments when preparing the construction schedule.

1.4.2 Unit Price

Each Unit Price CLIN may be a single pay activity item or may be broken down into pay activities with smaller quantities equal to CLIN total. Contract unit price multiplied by agreed quantity is full compensation.

1.5 LINE ITEMS

Line items will be paid in accordance with the paragraph PAYMENT PROCEDURES above and as required below. The following line items are included in Section 00010A LINE ITEMS AND PRICING SCHEDULE in Volume 1:

1.5.1 Access (Line Items 0001 and 0035)

Lump sum payment will be made for costs associated with or incidental to clearing and grubbing; silt fence; cattle fence; and the construction, maintenance and removal of site access as indicated on the drawings. See Section 35 41 00 EMBANKMENT CONSTRUCTION.

1.5.2 Turbidity Monitoring (Line Items 0002 and 0036)

Payment will be made for costs associated with or incidental to obtaining, analyzing, and reporting the results of monitoring for turbidity. See Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING.

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

1.5.3 Earthen Cofferdam (Line Items 0003 and 0037)

Lump Sum payment will be made for costs associated with or incidental to placement, maintenance and removal of earthen cofferdams and plugs.

1.5.4 Cofferdam Armoring (Line Items 0004 and 0038)

Unit price payment will be made for costs associated with or incidental to placement, maintenance and removal of import riprap, bedding stone, and geotextile. Measurement will be made by the area placed. The unit of measure is square yard.

1.5.5 Cofferdam Seepage Protection (Line Items 0005 and 0039)

Unit price payment will be made for costs associated with or incidental to placement, maintenance and removal of seepage protection, including Bedding Stone and geotextile. Measurement will be made by the area placed. The unit of measure is square yard.

1.5.6 Dewatering (Line Items 0006 and 0040)

Lump sum payment will be made for costs associated with or incidental to installation, operation, maintenance and removal of dewatering equipment and drainage facilities. This includes permitting and preparation of the Dewatering Work Plan.

1.5.7 Excavation (Line Items 0007 and 0041)

Lump sum payment will be made for costs associated with or incidental to excavation, transportation, and disposal of all materials not otherwise defined; excavation, hauling and stockpiling of topsoil; providing and maintaining access to the work site(s) and disposal area(s); noise control; erosion control; and debris removal.

1.5.8 Demolition (Line Items 0008 and 0042)

Lump sum payment will be made for costs associated with or incidental to demolition, hauling, offsite disposal, and stockpiling of existing structures and features, including existing riprap and existing pavement, necessary to complete work as shown on the drawings.

1.5.9 Sheetpile Scour Cutoff Walls (Line Items 0009 and 0043)

Lump sum payment will be made for costs associated with or incidental to construction and completion of the sheetpile scour cutoff walls under the headwalls and the wingwalls on both sides of each culvert.

1.5.10 Mud Mat (Line Items 0010 and 0044)

Lump sum payment will be made for costs associated with or incidental to placement and completion of the unreinforced concrete mud mat required for the entire culvert structure foundation as shown on the drawings.

1.5.11 Lakeside Headwall Reinforced Concrete (Line Items 0011 and 0045)

Lump sum payment will be made for costs associated with or incidental to placement and completion of reinforced concrete required for the structure.

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

1.5.12 Lakeside Wing Walls Reinforced Concrete (Line Items 0012 and 0046)

Lump sum payment will be made for costs associated with or incidental to placement and completion of reinforced concrete required for the structure.

1.5.13 Landside Headwall Reinforced Concrete (Line Items 0013 and 0047)

Lump sum payment will be made for costs associated with or incidental to placement and completion of reinforced concrete required for the structure.

1.5.14 Landside Wing Walls Reinforced Concrete (Line Items 0014 and 0048)

Lump sum payment will be made for costs associated with or incidental to placement and completion of reinforced concrete required for the structure.

1.5.15 Culvert Structure Reinforced Concrete (Line Items 0015 and 0049)

Lump sum payment will be made for costs associated with or incidental to placement and completion of reinforced concrete required for the structure.

1.5.16 Lakeside Headwall Embedded Metals (Line Items 0016 and 0050)

Lump sum payment will be made for costs associated with or incidental to furnishing and installation of embedded metals required for bulkhead slots, sills and armors as shown on the drawings.

1.5.17 Landside Headwall Embedded Metals (Line Items 0017 and 0051)

Lump sum payment will be made for costs associated with or incidental to furnishing and installation of embedded metals required for bulkhead slots, sills and armors as shown on the drawings.

1.5.18 Miscellaneous Metals (Line Items 0018 and 0052)

Lump sum payment will be made for costs associated with or incidental to furnishing and installation of miscellaneous metals not paid for under the line item "Embedded Metals" above.

1.5.19 Combination Slide/Flap Gate with Actuator (Line Items 0019 and 0053)

Unit price payment will be made for costs associated with or incidental to furnishing and installation of combination slide/flap gates with actuators. Measurement will be by the number of gates installed. Unit of measure is each.

1.5.20 Manatee Screen/Debris Barrier (Line Items 0020 and 0054)

Unit price payment will be made for costs associated with or incidental to furnishing and installation of manatee screen/debris barriers. Measurement will be by the number of screen/barriers installed. Unit of measure is each.

1.5.21 Embankment Fill (Line Items 0021 and 0055)

Unit price payment will be made for costs associated with or incidental to borrow, transportation, and placement of embankment or other fill to the lines and grades shown on the drawings for the L-48 Levee, final construction of the new S-265 and S-266 Structures and final restoration of the site; noise control; erosion control; and debris removal. Payment

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

under this line item includes compaction and placement of subgrades for roads, foundations and revetment, embankment and placement of topsoil. Payment under this line item does not include Soil-Bentonite Core, Chimney Drain, Drainage Blanket, or Filter Collar.

The total amount of material placed, and to be paid for under this contract, will be measured by the volume in-place with quantities determined by digital terrain model (DTM) surface to surface computations. The Government will perform initial and final surveys in accordance with the clause QUANTITY SURVEYS of Section 00700 CONTRACT CLAUSES in Volume 1. The initial and final DTM surfaces used for calculation of final quantities will be determined from the original (initial surface) survey performed by the Government after excavation and placement of concrete culvert structures, headwalls and wing walls, and before fill placement, and the finished grades (final surface) as shown on the drawings. The final survey performed by the Government will be used to verify that fill placement is complete to the required finished grades, and that tolerances have not been exceeded. Fill above required finished grades will not be included in quantities calculated for final payment. The estimated quantity for this line item does not include tolerances. The Contractor is responsible for considering the cost of required tolerances, and including this cost in the unit price for this line item (see Section 00010A LINE ITEMS AND PRICING SCHEDULE in Volume 1). DTM surfaces used for calculation of quantities for progress payments will be determined from the original survey performed by the Government, and elevations below finished grade obtained from progress surveys performed by the Contractor in accordance with the clause QUANTITY SURVEYS of Section 00700 CONTRACT CLAUSES in Volume 1. The calculated volumes of features located between initial and final DTM and paid for under other line items will be deducted from the calculated volume between initial and final DTM. The unit of measure is cubic yard.

1.5.22 Soil-Bentonite Core (Line Items 0022 and 0056)

Lump sum payment will be made for costs associated with or incidental to borrow, transportation, mixing, placement and testing of Soil-Bentonite Fill to the lines and grades shown on the drawings; providing and maintaining access to the work site(s) and borrow area(s); noise control; and debris removal.

1.5.23 Chimney Drain, Drainage Blanket and Filter Collar (Line Items 0023 and 0057)

Lump sum payment will be made for costs associated with or incidental to borrow, transportation, placement and testing of all components of the Chimney Drain, Drainage Blanket, Filter Collar and internal drainage system, including Filter Soil, Filter Gravel and drain pipe to the lines and grades shown on the drawings; providing and maintaining access to the work site(s) and borrow area(s); noise control; and debris removal.

1.5.24 Limerock Surface (Line Items 0024 and 0058)

Unit price payment will be made for costs associated with or incidental to processing, transportation, and placement of aggregate surface coarse (limerock) to the lines and grades shown on the drawings. Compaction and placement of the subgrade will not be paid for under this line item. Measurement will be made by the area placed. The unit of measure is square yard.

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

1.5.25 Asphalt Pavement (Line Items 0025 and 0059)

Unit price payment will be made for costs associated with or incidental to placement of asphalt pavement. Measurement will be made by the area placed. The unit of measure is square yard.

1.5.26 Restoration Riprap (Line Items 0026 and 0060)

Unit price payment will be made for costs associated with or incidental to processing, transportation, and placement of permanent geotextile, bedding stone and import riprap on the restored embankment slope and the restored channel to the lines and grades shown on the drawings. Compaction and placement of the subgrade will not be paid for under this line item. Measurement will be made by the area placed. The unit of measure is square yard.

1.5.27 Intake and Outlet Channel (Line Items 0027 and 0061)

Lump sum payment will be made for costs associated with or incidental to excavation, transportation, and disposal of materials; excavation, hauling and stockpiling of topsoil; providing and maintaining access to the work site(s) and disposal area(s); installation of the debris barriers bulkheads , associated grading; noise control; and, debris removal.

Lump sum payment will also be made for costs associated with or incidental to the earthwork required to excavate new intake and discharge channels, and to partially backfill the old KI-1 channel as part of the KI-1 in-place abandonment.

1.5.28 Site Signage (Line Items 0028 and 0062)

Lump sum payment will be made for costs associated with or incidental to furnishing and installation of site signage as shown in the drawings, including all necessary assemblies and appurtenances.

1.5.29 Control Building (Line Items 0029 and 0063)

Lump sum payment will be made for costs associated with or incidental to furnishing and installation of the control building.

1.5.30 Electrical and Telecommunications Work and Equipment (Line Items 0030 and 0064)

Lump sum payment will be made for costs associated with or incidental to furnishing and installation of electrical and telecommunication equipment including antenna and solar panel pole.

1.5.31 Sodding (Line Items 0031 and 0065)

Unit price payment will be made for costs associated with or incidental to placement and establishment of sod. Measurement will be made by the area placed. The unit of measure is square yard.

1.5.32 Dual Leaf Gates (Line Items 0032 and 0066)

Unit price payment will be made for costs associated with or incidental to installation of the electrically operated double leaf gate systems including gate hardware and accessories. Measurement will be by the number of gates installed. Unit of measure is each.

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

1.5.33 Abandonment Grouting (Line Item 0033)

Unit price payment will be made for costs associated with or incidental to fully grouting culverts to be abandoned. Measurement will be made by the pumped volume of grout required to fill the culverts. Unit of measure is cubic yard.

1.5.34 Stilling Wells (Line Items 0034 and 0068)

Lump sum payment will be made for costs associated with or incidental to furnishing and installation of stilling wells, including metal grates, pre-cast concrete piles, and hand-rails.

1.5.35 Bypass Pumping Standby (Line Item 0067)

Lump sum payment will be made for costs associated with or incidental to purchase and installation of bypass pumps and appurtenant equipment on standby (minimum of 3 pumps required). Pumps shall become Government property at the conclusion of the construction contract. Upon acceptance by the Government of substantial completion, Contractor shall transport (load, deliver, and unload) bypass pumps per the direction of the Contracting Officer to a location within 100 miles of the project site.

1.5.36 Bypass Pump Operation (Line Item 0069)

Lump sum payment will be made for costs associated with or incidental to operation of the bypass equipment including labor, material and equipment used to reposition, operate, maintain and secure bypass equipment after operation. Costs indicated under line item "Bypass Equipment Standby" will not be paid for under this line item. For purposes of bidding, Contractor shall assume 1440 hours of bypass pump operation.

1.5.37 Contracting Officer's Field Office (Line Item 0070)

Unit price payment will be made for costs associated with or incidental to providing, maintaining, and final disposition of the Contracting Officer's field office including all costs for rent and provision of all services indicated in Section 01 52 10 CONTRACTING OFFICER'S FIELD OFFICE. Costs for such provision and maintenance of the Contractor's own field office and other facilities will not be paid for under this line item. Measurement will be the amount of time that the Contracting Officer's field office is available to the Government within the duration of the contract. Unit of measure is by month.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PAYMENT PROCEDURES

Upon receiving initial Resident Management System import file, go to "Pay Activities" and establish a link between bid breakdown schedule of values of "Pay Activities" to contract CLINs using "Schedule Activities" data entry page.

3.1.1 Requesting Progress Payment

For progress payments, ensure "Activity Schedule", "Feature Schedule",

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submittal register, and punchlists are all up to date. Use "Progress Payments" to "request Activity Earnings" for both "Activity Earnings" data entry page and "Other Earning". Provide hard copies of supporting invoices and quantity measurements to support all requested earnings. Ensure that sum of payment activities do not exceed contract award CLIN funding amounts, or "unbalanced" CLINs error will prevent processing the payment.

3.1.2 Options and Modification CLINS

When additional work is added by modification, existing CLINs funding amounts must be updated, or new CLINs for modification will be created. If contract has option CLINs not yet awarded, option CLINs will appear as zero dollar CLINs until option is awarded by modification. No payment may be requested for Options or Modification CLINs until contract modification has been funded and signed.

-- End of Section --

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SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 SUMMARY 1.2 DEFINITIONS 1.2.1 Submittal 1.2.2 Transmittal 1.2.3 Submittal Descriptions (SD) 1.2.4 Approving Authority 1.2.5 Work 1.2.6 Contractor Reviewer 1.2.7 Primary Reviewer 1.2.8 Secondary Reviewer 1.2.9 Reviewer Codes 1.2.10 Review and Action Codes 1.2.11 Review Comments to Contractor 1.3 SUBMITTALS 1.4 SUBMITTAL CLASSIFICATION 1.4.1 Government Approved 1.4.2 Information Only 1.5 APPROVED SUBMITTALS 1.6 DISAPPROVED SUBMITTALS 1.7 WITHHOLDING OF PAYMENT 1.8 GENERAL 1.9 SUBMITTAL REGISTER 1.10 SCHEDULING 1.10.1 Avoiding Delays 1.11 TRANSMITTAL FORM (ENG FORM 4025) 1.11.1 Approving Authority Review Codes 1.12 SUBMITTAL PROCEDURES 1.12.1 Reviewing, Certifying, Approving Authority 1.12.2 Procedures 1.12.3 Number of Copies or Samples 1.12.4 Identifying Submittal Items and Transmittals 1.12.5 Submittal Format 1.12.5.1 Format for Shop Drawings 1.12.5.2 Format for Construction Drawings 1.12.5.3 Format for Computer Aided Design (CAD) Drawings 1.12.5.4 Administrative Submittal Items Format 1.12.5.5 Operation and Maintenance Data 1.12.6 Deviations 1.12.7 Considering Variations 1.12.8 Proposing Variations 1.12.9 Warranty Variations 1.12.10 Electronic Correspondence 1.13 CONTROL OF SUBMITTALS 1.14 GOVERNMENT APPROVED SUBMITTALS

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1.15 INFORMATION ONLY SUBMITTALS 1.16 REQUEST FOR INFORMATION (RFI) 1.17 SUBMITTAL REGISTER 1.18 STAMPS

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

-- End of Section Table of Contents --

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SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 SUMMARY

This section describes submittal procedures in Jacksonville District contracts using Quality Control System submittal procedures in accordance with Section 01 45 04 CONTRACTOR QUALITY CONTROL. It covers submittal item identification, number of copies, review periods, quality control review, QC/QA reviewer coding, and transmittal tracking procedures using Quality Control System (QCS)/Resident Management System (RMS) shared data base. Contractor shall use QCS software to identify, track and transmit submittal items.

1.2 DEFINITIONS

1.2.1 Submittal

Contract Clauses "FAR 52.236-5, Material and Workmanship," paragraph (b) and "FAR 52.236-21, Specifications and Drawings for Construction," paragraphs (d), (e), and (f) apply to all "submittals."

1.2.2 Transmittal

This is a routine contract correspondence action using a transmittal form (ENG Form 4025) to send submittal items to the Government. The QCS "Transmittal Log" module uses data base entry to create a hard copy of ENG Form 4025.

1.2.3 Submittal Descriptions (SD)

Submittals requirements are specified in the technical sections. Submittals are identified by SD numbers and titles as follows.

SD-01 Preconstruction Submittals

Submittals which are required prior to start of construction (work) or the start of the next major phase of the construction on a multi-phase contract, includes schedules, tabular list of data, or tabular list including location, features, or other pertinent information regarding products, materials, equipment, or components to be used in the work. Preconstruction submittals shall be submitted no later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later.

SD-07 Certificates

Statements signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Must be dated after award of project contract and clearly name the project.

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Document required of Contractor, or of a supplier, installer or subcontractor through Contractor, the purpose of which is to further quality of orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel qualifications.

Confined space entry permits.

SD-11 Closeout Submittals

Documentation to record compliance with technical or administrative requirements or to establish an administrative mechanism.

1.2.4 Approving Authority

Office authorized to approve submittal.

1.2.5 Work

As used in this section, on- and off-site construction required by contract documents, including labor necessary to produce submittals, construction, materials, products, equipment, and systems incorporated or to be incorporated in such construction.

1.2.6 Contractor Reviewer

Contractor employee performing quality control review on submittal items.

1.2.7 Primary Reviewer

Initial Government reviewer is usually among construction field personnel who perform quality assurance review on submittal items.

1.2.8 Secondary Reviewer

Secondary Government reviewer is usually an in-house designer or Architect/Engineer (A/E) firm hired to perform "engineering during construction". This is a submittal reviewer for design critical "G" submittal items. Secondary Reviewers may also be specialized district staffs such as safety or environmental specialists, users, or operations and maintenance reviewers. Secondary Reviewers are advisors to Approving Authority.

1.2.9 Reviewer Codes

Two and three letter codes used to identify Government primary and secondary reviewer on submittal register are as follows:

PO -- Construction Project Office RO -- Construction Resident Office AO -- Construction Area Office DO -- Jacksonville District Office AE -- Architect Engineer Contractor providing engineering during construction

1.2.10 Review and Action Codes

Reviewer code letters A,B,C,E,F,G and X are used by Contractor QC Staff and Government Primary and Secondary Reviewers to indicate approval, acceptance or rejection of a submittal item.

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1.2.11 Review Comments to Contractor

ENG Form 4025, Section III is generated in Resident Management System, and contains consolidated remarks for Primary and Secondary Reviewers. When RMS exports to QCS, "Review Comments to Contractor" will electronically update. A hard copy of ENG Form 4025, Part III is attached to a submittal item when returned.

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only or as otherwise designated. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Submit the following preconstruction submittal items no later than 30 calendar days after Notice to Proceed:

SD-01 Preconstruction Submittals

Export File ; G, RO

As part of the initial project schedule, review and correct the "Submittal Register". Provide the corrected "Submittal Register" as part of first QCS export file to the Government.

1.4 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

1.4.1 Government Approved

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings."

1.4.2 Information Only

All submittals not requiring Government approval will be for information only. "Information Only" submittal items shall be reviewed, coded and approved by the Contractor. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above.

1.5 APPROVED SUBMITTALS

The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the Contractor Quality Control (CQC) requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Contracting Officer, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

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1.6 DISAPPROVED SUBMITTALS

Make all corrections required by the Contracting Officer and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, a notice in accordance with the Contract Clause "Changes" shall be given promptly to the Contracting Officer.

1.7 WITHHOLDING OF PAYMENT

No payment for materials incorporated in the work will be made if required approvals have not been obtained until it is determined by the Contracting Officer that materials meet contract requirements.

1.8 GENERAL

The Contractor shall make submittals as required by the specifications using the QCS software "Transmittal Log". The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the respective sections. Units of weights and measures used on all submittals shall be the same as those used in the contract drawings. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to transmittal, all items shall be checked and approval coded by the Contractor's Quality Control (CQC) System Manager, and each item shall be stamped, signed, and dated by the CQC System Manager indicating action taken. Proposed deviations from the contract requirements shall be clearly identified. Submittals shall include items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders; samples; O&M manuals (including parts list); certifications; warranties; and other such required submittals. Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. Samples remaining upon completion of the work shall be picked up and disposed of in accordance with manufacturer's Material Safety Data Sheets (MSDS) and in compliance with existing laws and regulations.

1.9 SUBMITTAL REGISTER

At the end of this section is a submittal register showing items of equipment and materials for which submittals are required by the specifications; this list may not be all inclusive and additional submittals may be required. The Submittal Register using QCS/RMS is a shared electronic database constantly updated by both Government and Contractor. The Government will provide initial RMS export file to populate the QCS submittal register in electronic format. This list may not be all inclusive, and additional submittals may be required. Examine contract drawings and specifications, verify QCS data, and add required submittal items. The Contractor's initial update to the submittal register shall be made prior to submission of the initial project schedule. The Contractor can print or e-mail QCS/RMS generated current Submittal Register ENG Form 4288, and Transmittal Log as QCS reports. Submittal and Transmittal status are updated with each RMS/QCS data file exchange.

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1.10 SCHEDULING

Submittals covering component items forming a system or items that are interrelated shall be scheduled to be coordinated and submitted concurrently. QCS requires the Contractor to schedule and transmit submittal items from one Section together. Certifications to be submitted with drawings shall be scheduled. Schedule submittals with sufficient time to obtain a Government response prior to delivery of applicable equipment and materials, and commencement of applicable work. The Contractor assumes risk for applicable deliveries and work performed prior to receipt of a Government response to a submittal which requires no resubmission as indicated in the clause SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION of Section 00700 CONTRACT CLAUSES of Volume 1. Unless otherwise indicated in specific paragraphs governing each submittal, allow QC/QA review periods from date of receipt by Approval Authority in the schedule as follows:

Information Only - Contractor QC Review - 10 Calendar Days"G" - Government QA Review - 30 Calendar Days

The Government has the number of calendar days indicated above from the date a transmitted "G" submittal item is received to review, code and return comments. The Contractor shall resubmit disapproved submittal items (codes C, D, E, G or X) within 10 calendar days after return. No delay damages or time extensions will be allowed for time lost caused by late submittals.

1.10.1 Avoiding Delays

Notify the Contracting Officer immediately when procurement or construction delays due to submittal review are possible.

1.11 TRANSMITTAL FORM (ENG FORM 4025)

These forms are included in the QCS software. Use the QCS transmittal log to generate "ENG Form 4025 - Transmittal of Shop Drawings, Equipment Data, Material Samples, or Manufacturer's Certificates of Compliance" to transmit submittal items to the Government. EN Form 4025R has three sections as follows:

Section I - "Request for Approval of the Following Items" is initiated by the Contractor.

Section II - "Approval Action" combined with a review code in column "For CE Use Code" indicates submittal item acceptance or rejection by Approving Authority.

Section III - Government Review Remarks.

This form shall be properly completed using QCS software to fill out all the heading blank spaces and identify each item submitted. Special care shall be exercised to ensure proper listing of the specification paragraph or sheet number of the contract drawings pertinent to the data submitted for each item.

1.11.1 Approving Authority Review Codes

The Contractor shall use QCS to act as Approving Authority to code FIO submittals. The Government will use RMS to prepare reviewer comments and

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code "G" submittal items. These comments and coding will update QCS when the .RFX file update is imported by the Contractor from the QCS SFTP repository. The action codes are as follows ("Resubmit" in parentheses means the Contractor is required to resubmit):

A -- Approved as submitted (Complete)B -- Approved, except as noted on drawings (Complete)C -- Approved, except as noted on drawings (Resubmit)D -- Returned by correspondence (Complete)E -- Disapproved (See Attached and Resubmit)F -- Receipt Acknowledged (Completed)G -- Other (Specify Action in Detail; Resubmittal may be required)X -- Receipt Acknowledged, does not comply (Resubmit)

1.12 SUBMITTAL PROCEDURES

Submittals shall be made as follows:

1.12.1 Reviewing, Certifying, Approving Authority

The Contractor shall perform QC review of all submittal items, and certify for compliance or note submittal item is a variation. Approving authorities are as follows:

"G" - Government will approve "G" submittal items.Information Only - Contractor shall approve "Information Only" submittal items.

The Government reserves the right to perform quality assurance on an "Information Only" submittal even after it has been approved by the Contractor's Approving Authority. See paragraph INFORMATION ONLY SUBMITTALS below.

1.12.2 Procedures

The Contractor shall furnish submittals required by contract and transmit them to the Contracting Officer using ENG Form 4025 as contract transmittal form. Transmit all submittals to the address provided by the Resident Engineer prior to the Preconstruction Conference. The address may also be provided by contacting the area office indicated in Page 00010-2 of the Standard Form 1442.

1.12.3 Number of Copies or Samples

Transmit three (3) hard copies and three (3) soft copies of "G" submittal items and three (3) hard copies and three (3) soft copies of "Information Only" submittals to Contracting Officer. Each transmittal of a set of hard copy submittal items shall have a coded and signed hard copy of a QCS generated ENG Form 4025. Soft copy submittal items shall be transmitted on CD-ROM in PDF format unless otherwise approved by the Contracting Officer. Only one transmittal shall be transmitted per CD-ROM. The Contractor shall attach a signed copy of ENG Form 4025 on each CD-ROM disk case, mark the contract and transmittal numbers on each CD-ROM disk, and include a PDF of the signed ENG Form 4025 on each CD-ROM.

1.12.4 Identifying Submittal Items and Transmittals

QCS creates a unique number using section number and generated number (01 30 00-X) for each submittal item. Also, QCS creates a unique number

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for each transmittal using section number and a number assigned by the Contractor (01 33 00-XXXXX). The Contractor assigned numbers are not consecutive and may be an activity number from the procurement schedule. Attach a QCS generated ENG Form 4025 to each set and copy of submittal items. Identify each sample submittal item with project title, contract number, section/submittal item number, name, address and phone number of Contractor's point of contact.

1.12.5 Submittal Format

1.12.5.1 Format for Shop Drawings

Paper copies of shop drawings shall be ANSI standard sizes A, B, C or E (8.5"x11", 11"x17", 17"x22" or 34"x44" respectively). Each drawing shall have a right side margin information block similar to contract drawings with project title, contract number, contractor/supplier names, section/submittal item number, drawing title, number and date, revision date, and approval box. Units shall be the same as those in contract drawings. Dimensions shall be to the scale shown or noted as "Not to Scale" (NTS).

1.12.5.2 Format for Construction Drawings

Construction drawings are large sized shop drawings for complex structures and systems, layout of site temporary construction (dewatering), mapping access, and land use descriptions. When required, prepare construction drawings on ANSI standard sizes C (17"x22") or E (34"x44") as directed by the Contracting Officer. The layout of construction drawings shall be as indicated in subparagraph "Format for Shop Drawings" above.

1.12.5.3 Format for Computer Aided Design (CAD) Drawings

CAD drawings may be transmitted on CD-ROM if approved by the Contracting Officer. The Contractor shall transmit the same number of CD-ROM disks as the number of hard copies required. Attach a copy of ENG Form 4025 on each CD-ROM disk case, and mark the contract and transmittal numbers on each CD-ROM disk. One paper copy of drawings shall be included with each set of CD-ROM disks transmitted.

1.12.5.4 Administrative Submittal Items Format

When an administrative submittal becomes part of the contract or project record, use 8.5"x11" pages for text and 11"x17" sheets for drawings. Use a table of contents with tabs for large submittal items. Use loose leaf binder or binder fastener to allow for disassembly, and addition of documents.

1.12.5.5 Operation and Maintenance Data

See Section 01 78 23 OPERATION AND MAINTENANCE DATA.

1.12.6 Deviations

Deviations are also known as "variations" from the contract requirements. Variations require Government approval, and will be considered when beneficial to the Government. An "Information Only" submittal item becomes a "G" submittal item requiring Government review and approval when a variation is proposed. When QCS variation block is checked, explain why the variation should be accepted in place of the specified item in

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"Remarks to Government". The "Remarks to Government" will populate the ENG Form 4025R "REMARKS" block. The variation will become a modification to contract requirements if it is approved by the Contracting Officer. Approved variations may require adjustments to contract price for increased (basic change document) or decreased (Government's credit) costs, and construction time. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations.

1.12.7 Considering Variations

Discuss proposed variations with the Contracting Officer prior to submission. Ensure function and quality requirements are met. Submit proposed variation as a Value Engineering Change Proposal (VECP) if it is likely to result in lower cost. See the clause VALUE ENGINEERING - CONSTRUCTION of Section 00700 CONTRACT CLAUSES of Volume 1.

1.12.8 Proposing Variations

Use QCS Transmittal Log to identify submittal items as variations. In "Remarks to Government", describe what the proposed variation is, how it differs from the contract, and why it is desirable and beneficial to the Government. Include estimate of cost savings if lower cost is a benefit.

1.12.9 Warranty Variations

Use the QCS transmittal log "Remarks to Government" to warrant that the variation submitted for approval will be compatible with other work if incorporated.

1.12.10 Electronic Correspondence

All correspondence and contract related documents shall be submitted in searchable Adobe Portable File format (PDF) with the only exceptions being those stated at the end of this paragraph. Any documents that require signature shall be submitted in PDF format with signature. Minimum scan quality shall be 150 dpi. The Contracting Officer will discuss electronic correspondence procedures at Preconstruction and Coordination Meetings. These procedures may include sending files by e-mail, submitting on electronic media such as compact disks, a Contractor provided FTP site, a website indicated by the Contracting Officer at the Preconstruction Conference, or other methods approved by the Contracting Officer. The Contractor shall be responsible for the cost of the electronic media. Examples of correspondence and contract related documents that must be submitted in PDF format include, but are not limited to, Contractor serial letters, notifications to Contracting Officer, requests for equitable adjustment, change requests, claims, Contract Modifications (SF 30), QC Reports, RFIs, pay requests, meeting minutes, insurance certificates, schedules, shop drawings, submittals and ENG 4025 transmittal forms and supporting data. QC Reports will include all required attachments including QC Test Reports. For all concrete placement, QC reports shall include all related information of mixture quantities to include scanned original truck tickets and DOT standard information with the measurement of all constituent materials including cementitious materials, each size of aggregate, water, and admixtures. For concrete thermistor data, in addition to pdf, include electronic Excel file format with tables and graphs for all concrete structures. Create a running embankment tally of the materials added daily through use of a spreadsheet submitted weekly until embankment construction is completed. For all embankment density test result (Bentonite Soil-B, Filter Soil-FS, & embankment

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material/fill-EBK) include all density and moisture content related to ASTM D1556 (Density of Soil in place by the Sand Cone Method) and ASTM 2922/D3017 (Density and Water Content of soil by Nuclear Method) in an Excel format. For every density data submittal provide an electronic Excel file with the following data: date, location (northing, easting, elevation), type of material tested (B, FS, EBK), type of test (nuclear or sand-cone), dry density found by test, moisture content found by test, Proctor reference Control Number-CT number, proctor optimum water content, proctor maximum density, pass or fail, and whether USACE performed corresponding Quality Assurance test. Both a hard copy and a PDF file of the signed QC Report including required attachments shall be submitted daily. In addition, one month after the end of each month all QC Reports for the month shall be combined into one PDF and submitted. Submit copies of correspondence to other businesses, entities, or agencies such as "Notices to Mariners", permit required reports, and other contract related documents in PDF format. Include signatures if applicable for final versions of scanned contracts. All correspondence and contract related documents shall also be submitted in hard copy form, in the quantities and with the requirements listed in these documents, unless the Contractor obtains a waiver from the Contracting Officer. E-mail correspondence and payroll documentation do not have to be provided in PDF format.

1.13 CONTROL OF SUBMITTALS

The Contractor shall carefully control his procurement operations to ensure that each individual submittal is made on or before the Contractor scheduled submittal date shown on the approved "Submittal Register."

1.14 GOVERNMENT APPROVED SUBMITTALS

Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being so stamped and dated. Two (2) copies of the submittal will be retained by the Contracting Officer and one (1) copy of the submittal will be returned to the Contractor.

1.15 INFORMATION ONLY SUBMITTALS

Normally submittals for information only are approved by the Contractor's approving authority. The Government will notify the Contractor if the submittal has received an "F" action code, and the submittal will not be returned. Approval of the Contracting Officer is not required on information only submittals. Submittal items found not to comply with contract requirements will be given an "X" action code, returned to the Contractor, and shall require resubmittal by the Contractor as a "G" submittal item. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the Contracting Officer from requiring removal and replacement of nonconforming material incorporated in the work; and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

1.16 REQUEST FOR INFORMATION (RFI)

Requests for Information are not submittal items. They are time sensitive Quality Control related correspondence. See Section 01 45 04 CONTRACTOR

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QUALITY CONTROL.

1.17 SUBMITTAL REGISTER

The Submittal Register is appended after the end of this section.

1.18 STAMPS

Stamps used by the Contractor on the submittal data to certify that the submittal meets contract requirements shall be similar to the following (see next page):

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________________________________________________________________________ | CONTRACTOR | | | | (Firm Name) | | | | | | | | _____ Approved | | | | | | _____ Approved with corrections as noted on submittal data and/or | | attached sheets(s). | | | | | | | | SIGNATURE: __________________________________________________________ | | | | TITLE: ______________________________________________________________ | | | | DATE: _______________________________________________________________ | | | |________________________________________________________________________|

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

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SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE 1.2 REFERENCES 1.2.1 Miscellaneous Environmental Laws And Regulations 1.2.2 Publication Reference(s) 1.3 QUALITY CONTROL 1.4 PERMITS AND AUTHORIZATIONS 1.5 SUBMITTALS 1.6 SUBCONTRACTORS 1.7 NOTIFICATION 1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES 3.1.1 General Project Environmental Design and Installation Criteria 3.1.1.1 Petroleum-Based Systems Environmental Design and

Installation Criteria 3.1.1.2 Sewage-Based Systems Environmental Design and Installation

Criteria 3.1.2 Protection of Land Resources 3.1.2.1 Work Area Limits 3.1.2.2 Protection of Landscape 3.1.2.2.1 Red Bay Tree 3.1.2.3 Unprotected Erodible Soils 3.1.2.4 Disturbed Areas 3.1.2.5 Contractor Facilities and Other Work Areas 3.1.2.6 Solid Wastes 3.1.2.7 Fuel, Oil, and Lubricants 3.1.2.8 Hazardous Waste 3.1.2.9 Hazardous Materials 3.1.3 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 3.1.3.5 Protection of Trees Significant to Seminole Brighton

Reservation 3.1.4 Protection of Water Resources 3.1.4.1 Washing and Curing Water 3.1.4.2 Stream Crossings

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3.1.4.3 Monitoring of Water Areas 3.1.4.4 Turbidity 3.1.4.5 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation 3.1.5 Protection of Fish and Wildlife Resources 3.1.5.1 Endangered Species Protection 3.1.5.2 Report Submission 3.1.5.3 Protection of Migratory Bird Species 3.1.5.4 Bald Eagle (Haliaeetus leucocephalus) 3.1.5.5 Protection of The Florida Burrowing Owl (Athene

cunicularia floridana) 3.1.5.6 Protection of Everglade Snail Kite (Rostrhamus sociabilis

plumbeus) 3.1.5.7 Protection of Wood Stork (Mycteria americana) 3.1.5.8 Protection of Audubon's Crested Caracara (Polyborus

plancus audubonii) 3.1.5.9 Protection of Gopher Tortoise (GT) Populations (Gopherus

polyphemus) 3.1.5.10 Protection of Eastern Indigo Snake (Drymachon couperi) 3.1.5.11 Protection of the West Indian (Florida) Manatee

(Trichechus manatus latirostris) 3.1.5.12 Okeechobee Gourd Protection Measures (Cucurbita

okeechobeensis ssp. okeechobeensis) 3.1.5.13 Protection of Florida Bonneted Bat (FBB) Populations 3.1.6 Protection of Air Resources 3.1.6.1 Particulates 3.1.6.2 Burning 3.1.6.3 Odors 3.1.7 Protection of Sound Intrusions 3.2 POSTCONSTRUCTION CLEANUP 3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES 3.4 INVASIVE AND NUISANCE SPECIES 3.4.1 Prevention of Invasive and Nuisance Species Transfer 3.4.2 Invasive and Nuisance Species Reporting 3.4.3 Monitoring for Exotic, Nuisance, and Invasive Species 3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES 3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

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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 REFERENCES

1.2.1 Miscellaneous Environmental Laws And Regulations

There are numerous environmental laws and regulations. At the Federal level, the applicable laws and regulations include compliance with the Clean Water Act (CWA); Clean Air Act (CAA); Coastal Zone Management Act (CZMA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Endangered Species Act (ESA); Fish and Wildlife Coordination Act (FWCA); Marine Protection, Research, and Sanctuaries Act (MPRSA); Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA); National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA); National Pollution Discharge Elimination System (NPDES); Research and Sanctuaries Act; Native American Graves Protection and Repatriation Act (NAGPRA); Resource Conservation and Recovery Act (RCRA); Rivers and Harbors Act (R&H); Safe Drinking Water Act (SDWA); Toxic Substance Control Act (TSCA); Wild and Scenic Rivers Act (WSRA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Marine Mammal Protection Act (MMPA); Code of Federal Regulations (CFRs); Executive Orders; and, Environmental Protection Agency (EPA) requirements. NEPA compliance measures specified in an Environmental Assessment (EA) or Environmental Impact Statements (EIS) are also applicable with regard to compliance.

1.2.2 Publication Reference(s)

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

COE ER 1110-1-5 (1984) Plant Pest Quarantined Areas and Foreign Soil Samples

1.3 QUALITY CONTROL

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

1.4 PERMITS AND AUTHORIZATIONS

The Contractor shall obtain all needed permits or licenses including the National Pollutant Discharge Elimination System (NPDES) permit for Construction Activities Exceeding 1 Acre. The Government will not obtain any permits for this project; see Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1.

The Contractor is responsible for obtaining NPDES Stormwater Construction Generic Permit to provide coverage under the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Stormwater Discharges from Construction Activities (CGP) pursuant to Rule 62-621.300(4), F.A.C. The Contractor is advised to contact FDEP's NPDES Stormwater Program at (850) 245-7522 or toll free at (866) 336-6312, or to download application information from http://www.dep.state.fl.us/water/stormwater/npdes/construction1.htmprior to commencement of construction.

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

a. Florida Department of Environmental Protection Permit Number 0234604-021, issued on May 2, 2014 and expires on May 2, 2019; and Modification 0234604-030 issued March 24, 2017.

b. Environmental Surveys for Burrowing Owls and gopher tortoises may require additional permits for removal or taking of listed species from the Florida Fish and Wildlife Conservation Commission prior to commencement of construction. The Contractor is responsible for obtaining, and shall be bound to the conditions of such permits.

c. If bald eagles nest within 660 feet from a construction zone, the Contractor shall be required to obtain the applicable disturbance permits from USFWS and FFWCC.

The above permits indicate issuing agency approval of work required by this contract. Permits and environmental compliance documents are available at the following web address:http://www.saj.usace.army.mil/About/Divisions-Offices/Planning/Environmental-Branch/Environmental-Compliance/

The Contractor shall comply with all requirements under the terms and

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conditions set out in all permit(s) in accordance with the Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1.

1.5 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Submit the following preconstruction submittal items no later than 30 calendar days after Notice to Proceed.

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, t The Contractor shall submit an Environmental Protection Plan for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, the Contractor shall furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the Contractor's plan shall not relieve the Contractor of his responsibility for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the Contractor's plan or an interim plan covering the work to be performed. The Environmental Protection Plan shall include but not be limited to the following:

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

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

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

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

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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, species, and noise monitoring.

g. Traffic control plan.

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

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

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

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

l. Plan of borrow area(s).

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

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

o. Construction activities shall be conducted in a manner as not to impact migratory birds or induce their nesting.

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

q. A protection and education plan for the Okeechobee Gourd.

r. A protection and education plan to achieve protection of Bald Eagles during construction.

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s. A protection and education plan to achieve protection of Burrowing Owls and their nests during construction.

t. A protection and education plan for the Eastern Indigo Snake.

u. A protection and education plan for the Florida Bonneted Bat.

v. A protection and education plan for the Everglades Snail Kite.

w. A protection and education plan for Audubon's Crested Caracara.

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

y. A protection and education plan for the Gopher Tortoise.

z. A protection and education plan for Manatees.

aa. Nuisance Species Decontamination Plan.

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor/observer. Appropriate qualifications for bird monitor/observer shall be a demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. In addition, references shall be provided to verify non-educational experience. The Contractor shall consult with and coordinate all monitoring plans and activities with Stacie Auvinshine at 904-232-3694.

Eastern Indigo Snake Observer ; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the eastern indigo snake observer.

Florida Bonneted Bat Qualifications ; G, DO

Within 20 calendar days after the date of Notice of Award, the Contractor shall furnish to the Contracting Officer for approval, the qualification of the Florida Bonneted Bat surveyor(s).

SD-11 Closeout Submittals

Logs/Final Summary Report

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

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Eastern Indigo Snake Monitoring Report

Contractor shall submit an Eastern indigo snake monitoring report to the appropriate U.S. Fish and Wildlife (FWS) Field Office within 60 days of the conclusion of clearing phases. The report shall be submitted whether or not Eastern indigo snakes are observed. The report shall contain any sightings of Eastern indigo snakes, summaries of any relocated snakes if relocation was approved for the project (e.g., locations of where and when they were found and relocated), and other obligations required by the State that may or may not be stipulated in the permit.

Project Environmental Summary Sheet

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

Logs/Summary of Bird Nesting Monitoring

Contractor shall submit as specified, logs and summary of monitoring detailing nesting and nesting success.

Comprehensive Final Report

Contractor shall submit as specified, a compilation of all data and maps prepared during the surveys and all information regarding relocation of gopher tortoises.

1.6 SUBCONTRACTORS

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

1.7 NOTIFICATION

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

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

1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

The Contractor's personnel shall be qualified to perform all phases of

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environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Quality Control personnel will be identified in the Quality Control Plan submitted in accordance with Section 01 45 04 CONTRACTOR QUALITY CONTROL.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, the Contractor shall comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected at least during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Deviations from drawings or specifications (e.g., proposed alternate borrow areas, disposal areas, staging areas, and alternate access routes) could result in the need for the Government to reanalyze and re-approve the project from an environmental standpoint. Environmental protection shall be as stated in the following subparagraphs.

3.1.1 General Project Environmental Design and Installation Criteria

Some project sites have features that shall not be impacted in any way, including cultural, historic, or archeological features. At all sites, the Contractor shall minimize disturbance to existing features at the site to the extent possible, including vegetative, topographic, and drainage pattern features. Wetland impacts (temporary access, detours, staging areas, and other work area impacts) to project sites should be avoided and may require separate permitting action. Any wetlands temporarily impacted shall have its soil restored upon project completion. Expansion of previously permitted project footprints may likewise require separate permitting action.

In all cases, the design and/or installation of project system shall provide for protection of the environment during handling, installing, storing, utilizing, transporting, servicing, testing, refilling, transferring, pumping, processing, removing waste products, repairing and maintaining systems and their components. Necessary design protection shall also be considered that would prevent contamination of the environment from impacts to the system caused by storm water runoff and flooding. Retrofit of connected systems on project sites to modern environmental protection design standards shall also be considered.

In the event environmental protection measures fail, the Contractor shall implement procedures to control and correct environmental damage.

3.1.1.1 Petroleum-Based Systems Environmental Design and Installation Criteria

For petroleum-based systems, a statement of site suitability shall be provided and shall include what would be necessary to prevent adverse

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impact to water quality; natural resources; habitat; historic, cultural, and archeological sites; and fragile local resources in the event of a fuel spill. Human error and mechanical/electrical failure of components without human intervention shall also be considered in the design with regard to spills. Additionally, appropriate noise and emissions controls shall be incorporated into the design, including vapor and exhaust controls.

At a minimum, environmental protection design requirements shall also include the following: (1) stationary tanks and piping shall have secondary containment features; (2) approved materials and corrosion protection systems shall be utilized; (3) system leaks shall be readily detected and contained without human intervention; and, (4) overfill containment systems shall be provided.

Applicable Federal, State, and local codes and requirements shall be strictly adhered to in the design, including those of the U.S. Environmental Protection Agency (EPA), the State of Florida, the South Florida Water Management District (SFWMD), and other local governing agencies such as those of counties and municipalities. In the case of the State, requirements include Chapter of the Florida Administrative Code (FAC) such as 62-17 (Approved Materials), 62-252 (Vapor Emissions), 62-296 (Emissions), 62-761 (Underground Storage Tanks), and 62-762 (Aboveground Tanks). Note that Chapters 62-761 and 62-762 of the FAC may be combined into one Chapter. Best Management Practices from the applicable agencies shall also be adhered to in the design.

3.1.1.2 Sewage-Based Systems Environmental Design and Installation Criteria

In general, there shall be no waste or debris discharges of any kind for a project unless authorized by the Contracting Officer. This shall include the Contractor's providing sufficient temporary sanitary equipment and facilities for the project. The design and/or installation of temporary or permanent sewage systems shall ensure that waters will be free of effects of sewage discharges. Applicable Federal, State, or local codes and requirements regarding sewage shall be strictly adhered to in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Best Management Practices from the applicable agencies shall also be adhered to in the design.

3.1.2 Protection of Land Resources

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

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3.1.2.1 Work Area Limits

Prior to any construction, the Contractor shall mark the areas that are not required to accomplish all work to be performed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. The Contractor shall protect from damage all existing trees designated to remain. Protection of tree roots shall be provided against noxious materials in solution caused by run-off or spillage. Fires shall be located outside the canopy of protected trees. No materials, trailers, or equipment shall be stored within the drip line of any protected tree. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor shall convey to his personnel the purpose of marking and/or protection of all necessary objects.

The Contractor shall thoroughly clean all construction equipment and tools at the prior job site in a manner that ensures all residual soil is removed and that egg deposits from plant pests are not present. The Contractor shall consult with the U.S. Department of Agriculture (USDA) regarding additional cleaning requirements that may be necessary. 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 COE ER 1110-1-5 and attachments. The Contractor agrees to assure compliance with this obligation by all subcontractors.

3.1.2.2 Protection of Landscape

Trees and their roots, shrubs, vines, grasses, land forms, and other landscape features shall be clearly identified and protected by fencing or any other approved techniques. Protection of trees shall be as illustrated in the Tree Protection Plan Detail on the web site indicated in the paragraph CONSTRUCTION FORMS AND DETAILS below. Tree protection fencing shall be placed before excavation or grading is begun and maintained in place until construction is complete. Branches of protected trees, if required, shall be removed to clear for construction and pruning shall subsequently be performed to restore the natural shape of the entire tree. Branches or roots, if required, shall be cut with sharp pruning instruments and not broken or chopped. Protected trees shall be fertilized to compensate for root loss with 6-6-6 as per manufacturer's application direction. Any damage to tree crowns or roots shall be repaired promptly after damage occurs.

a. Trench or Bore Under Trees: Where trenching for utilities is required within tree driplines, the Contractor shall hand dig under and around roots or bore under them. The Contractor shall protect roots from drying and cover exposed roots within an hour as specified in subparagraph "Excavation for Structures" below. No lateral roots which interfere with new construction shall be cut. Boring is permitted.

b. Excavation for Structures: Where excavating for new construction is required within tree drip lines, the Contractor shall hand excavate to minimize damage to root systems. The Contractor shall use narrow tine pitchforks and comb soil to expose roots. The Contractor shall relocate roots in backfill areas. If large, main lateral roots are encountered that are exposed beyond the excavation

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limits, the Contractor shall bend and relocate these roots without breaking or girdling. If roots are encountered immediately adjacent to new construction such that relocation is not practical, the Contractor shall saw roots approximately 3" back from the new construction, seal with tree wound dressing, and protect any exposed embankment of roots from drying by covering with straw and black plastic. The Contractor shall irrigate affected areas daily until final grade conditions are established and the exposed roots are backfilled properly for continued plant growth.

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

3.1.2.2.1 Red Bay Tree

There is the potential for the presence of the red bay tree (Persea borbonia) within and/or adjacent to the proposed access roads and ramps for this contract. A survey was completed by USACE staff on 29 October 2013 in which red bay trees were not observed within the proposed access road footprints. The red bay tree is a culturally significant plant within the Seminole Tribe. A survey shall be completed prior to construction of the access roads and ramps to the site to ensure the absence of the red bay tree. If red bay trees are discovered, the Contractor shall contact the Contracting Officer prior to removal of trees to allow for coordination with the Seminole Tribe.

3.1.2.3 Unprotected Erodible Soils

Earthwork brought to final grade shall be finished as indicated. Side slopes and back slopes shall be protected as soon as practicable upon completion of rough grading. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils. Except in instances where the constructed feature obscures borrow areas, quarries, and waste material areas, these areas shall not initially be totally cleared. Clearing of such areas shall progress in reasonably sized increments as needed to use the areas developed as approved by the Contracting Officer.

3.1.2.4 Disturbed Areas

The Contractor shall effectively prevent erosion and control sedimentation through approved methods including, but not limited to, the following:

a. Retardation and Control of Runoff: Runoff from the construction site or from storms shall be controlled, retarded, and diverted to protected drainage courses by means of diversion ditches, benches, and by any measures required by area wide plans approved under paragraph 208 of the Clean Water Act.

b. Erosion and Sedimentation Control Devices: The Contractor shall construct or install temporary and permanent erosion and sedimentation control features as directed by the Contracting Officer. Temporary velocity dissipation devices shall be placed along drainage courses so as to provide for non-erosive flows. Temporary erosion and sediment

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control measures such as berms, dikes, drains, sediment traps, sedimentation basins, grassing, mulching, baled hay or straw, and silt fences shall be maintained until permanent drainage and erosion control facilities are completed and operative. For silt fences, the filter fabric is to be of nylon, polyester, propylene, or ethylene yarn of at least 50 lb/in strength and able to withstand a flow rate of at least 0.3 gal/ft sq/minute. The fabric should contain ultraviolet ray inhibitors and stabilizers and be a minimum of 36 inches in width. The toe of the fence shall be buried at least 8 inches deep to prevent undercutting and shall be secured to posts by suitable staples, tie wire, or hog rings. Posts shall have a cross section of at least 2"x4" softwood or 1.5"x1.5" hardwood, and a minimum length of 4 feet. Fence shall be overlapped to the next post if fabric joints are necessary.

c. Sediment Basins: Sediment from construction areas shall be trapped in temporary or permanent sediment basins. The basins shall accommodate the runoff of a local 24-hour storm. After each storm, the basins shall be pumped dry and accumulated sediment shall be removed as necessary to maintain basin effectiveness. Overflow shall be controlled by paved weir or by vertical overflow pipe, draining from the surface. The collected topsoil sediment shall be reused for fill on the construction site, and/or conserved (stockpiled) for use at another site(s). The Contractor shall institute effluent quality monitoring programs as required by State and local environmental agencies.

3.1.2.5 Contractor Facilities and Other Work Areas

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

3.1.2.6 Solid Wastes

Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. Solid wastes shall not be stored for longer than 30 days on-site (see DEP ERP permit conditions). All handling and disposal shall be conducted to prevent contamination. Solid waste materials shall be hauled to an approved solid waste disposal site designated by the Contracting Officer. The Contractor shall comply with Federal, State, and local regulations pertaining to the use of the solid waste disposal site.

3.1.2.7 Fuel, Oil, and Lubricants

Fuel, oil, and lubricants shall be managed so as to prevent spills and

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evaporation. To prevent spills, fuel dispensers shall have a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, the Contractor shall immediately recover the contaminated ground and dispose of it offsite in an approved area. Petroleum waste generated shall be stored in marked corrosion-resistant containers and recycled or disposed of in accordance with 40 CFR 279, State, and local regulations.

3.1.2.8 Hazardous Waste

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

3.1.2.9 Hazardous Materials

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

3.1.3 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. One law, in particular, can be potentially involved with construction activities: (1) the National Historic Preservation Act, as amended.

3.1.3.2 Known Resources

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

3.1.3.3 Inadvertent Discoveries

If, during construction activities, the Contractor observes items that may have historic or archeological origin, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified and a determination for what, if any, additional action is needed. Examples of historic, archeological and cultural resources are bones, human remains, artifacts, shell, midden, modified rocks or coral, constructed features, and charcoal or other deposits. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from further removing, or otherwise damaging, such resources.

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Once reported, the Corps staff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Additional work in the area of the discovery will be suspended at the site until all federal and state regulations have been successfully completed and the Corps staff members provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed. No interview or other contact with the media shall occur without clear authorization from the Contracting Officer.

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, the Contractor shall seek to continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other manner that strives to continue productive activities in keeping with the contract. Should an inadvertent discovery be of the nature that substantial impact(s) to the work schedule are evident, such delays shall be coordinated with the Contracting Officer. Contract adjustments resulting from compliance with this paragraph shall be determined in accordance with Clause DIFFERING SITE CONDITIONS of Section 00700 CONTRACT CLAUSES in Volume 1.

3.1.3.5 Protection of Trees Significant to Seminole Brighton Reservation

The red bay tree is a culturally significant plant within the Seminole Brighton Reservation near the Harney Pond (HP) culverts. Follow the procedures indicated in subparagraph "Red Bay Tree" above prior to construction.

3.1.4 Protection of Water Resources

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

3.1.4.1 Washing and Curing Water

Waste waters directly derived from construction activities shall not be allowed to enter water areas. These waste waters shall be collected and placed in retention ponds where suspended materials can be settled out or the water evaporates so that pollutants are separated from the water. Analysis shall be performed and results reviewed and approved by Corps staff before water in retention ponds is discharged.

3.1.4.2 Stream Crossings

Stream crossings shall be controlled during construction. Crossings shall provide movement of materials or equipment without violating water

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pollution control standards of the Federal, State, or local government.

3.1.4.3 Monitoring of Water Areas

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

3.1.4.4 Turbidity

See Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING

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

The Contractor shall prevent oil, fuel, or other hazardous substances from entering the air, ground, drainage, local bodies of water, or wetlands. This shall be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following shall occur:

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

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

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

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

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

a. Spill Preventive Systems: System design and installation requirements have been discussed at the beginning of this Section. Temporary or portable tanks shall conform to applicable Federal, State, and local codes and requirements and shall not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills shall be put in place in advance where practical. Both spill preventive systems and any deviations from associated requirements must be approved by the Contracting Officer prior to implementation.

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

3.1.5 Protection of Fish and Wildlife Resources

The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention

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along with measures for their protection shall be listed in the Contractor's Environmental Protection Plan prior to the beginning of construction operation.

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

Order of Contact of Corps Personnel

Telephone Number Title Work Hours After Hours

Corps, Inspector On site Lodging LocationArea Engineer, South Florida Area Office (CESAJ-CD-W) 561-626-8143 *Chief, Environmental Branch Planning Division (CESAJ-PD-E) 904-232-1665 *Chief, Construction Division (CESAJ-CD) 904-232-1118 *

* Telephone numbers will be provided in the Preconstruciton Conference.

3.1.5.1 Endangered Species Protection

The Contractor shall instruct all personnel associated with the project of the potential presence of West Indian (Florida) Manatee, Eastern Indigo Snakes, Bald Eagles, Gopher Tortoise, Snail Kite, Caracara, Florida Bonneted Bat, Wood Stork, Burrowing Owls and Okeechobee Gourd plants in the area, and the need to avoid collisions with and harming these animals and plants. The Contractor shall be held responsible for any of the above mentioned animals and plants harmed, harassed, or killed as a result of construction activities. In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall cease work and notify the Contracting Officer.

a. The Contractor shall conduct preconstruction surveys for protected species, making note of suitable nesting habitat with and adjacent to the project work limits, prior to the start of construction activities.

b. There are many trees (such as cypress and palms) within and adjacent to the project work limits that may provide suitable nesting habitat for protected species. In addition, nesting platforms could be present within the project work limits.

3.1.5.2 Report Submission

The Contractor shall maintain a log detailing all incidents, including sightings, collisions with, injuries, or killing of Manatees, Eastern Indigo Snakes, Burrowing Owls, Gopher Tortoise, Snail Kite, Caracara, Wood Stork, Bald Eagles and Okeechobee Gourd occurring during the contract period. The data shall be recorded on forms provided by the Contracting Officer (sample forms are on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below). All data in original form shall be forwarded directly to Chief, Environmental Branch, P. O. Box 4970, Jacksonville, Florida, 32232-0019, within 10 days of collection and copies of the data shall be supplied to the Contracting Officer. Following

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project completion, a report summarizing the above incidents and sightings shall be submitted to the following:

Florida Fish and Wildlife Conservation Commission Imperiled Species Management Section 620 South Meridian Street, Mail Stop 6A Tallahassee, Florida 32399-1600

Chief, Environmental Branch U.S. Army Corps of Engineers (CESAJ-PD-E) P.O. Box 4970 Jacksonville, Florida 32232-0019

Area Engineer, South Florida Area Office U.S Army Corps of Engineers (CESAJ-CD-W) 4400 PGA Boulevard, Suite 203 Palm Beach Gardens, Florida 33410

U.S. Fish and Wildlife Service 1339 20th Street Vero Beach, Florida 32960-3559

3.1.5.3 Protection of Migratory Bird Species

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to migratory birds and their nests. All construction personnel shall be advised that migratory birds are protected by the Florida Endangered and Threatened Species Act of 1977, Title XXVIII, Chapter 372.072, and the U.S. Fish and Wildlife Service pursuant to the Migratory Bird Treaty Act of 1918 and the Endangered Species Act of 1973, as amended. The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor shall conduct preconstruction surveys for protected species, making note of suitable nesting habitat within and adjacent to the project work limits, prior to the start of construction activities.

a. Monitoring of Construction Area: In order to meet these responsibilities, the Contractor shall conduct monitoring of the construction area beginning 1 April through 31 August, if construction activities occur during that period. Daily monitoring using the Daily Bird Monitoring Report shall be conducted during the dawn or dusk time frames by a bird monitor approved by the Contracting Officer. (Caution shall be taken by the monitor to avoid disturbance to the nesting birds.) The Contractor shall maintain a daily log detailing monitoring and nesting activity (not all bird species are listed). Sample monitoring report and qualification sheet are on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below. Within 30 days after completion of construction, a summary of monitoring shall be submitted to the Corps detailing nesting and nesting success/failure including species, number of nests created, location, number of eggs, number of offspring generated during the project and reasons for nesting success or failure, if known.

b. Nesting Activity Notification: Any nesting activity observed by the Contractor shall be reported immediately to the Contracting Officer who shall have sole authority for any work stoppages, creation of the buffer area, or restart of construction activities. In addition, notify the personnel indicated in the table "Order of

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Contact of Corps Personnel" above, and FWC Regional Director at (561) 625-5122.

c. Presence/Absence Survey: At least 3 visits must be made to each site during April-July. A 6-minute point count (variable circular plot) should be conducted between sunrise and 3 hours after or 1 hour prior to sunset. If breeding birds are encountered, nests shall be located and observed without disturbance to the nesting activity. Nests shall be marked and visited every 3-5 days to determine fate.

d. Nesting Within Construction Area:

(1) Should nesting begin within the construction area, a temporary, 200-foot buffer shall be created around the nests and marked to avoid entry (the Contracting Officer will provide signs). The area shall be left undisturbed until nesting is completed or terminated, and the chicks fledge. The decision to allow construction in a former nesting site will be determined by the Contracting Officer in consultation with the U.S. Fish and Wildlife Service and the FF&WCC. Access to the nesting sites by humans (except limited access when accompanied by the bird monitor or Contracting Officer), equipment or pets under control of the Contractor is prohibited.

(2) If nesting occurs within the construction area, a bulletin board shall be placed and maintained by the Contractor in the contracting shed with the location map of the construction site showing the bird nesting areas and a warning, clearly visible, stating that "BIRD NESTING AREAS ARE PROTECTED BY THE FLORIDA THREATENED AND ENDANGERED SPECIES ACT AND THE FEDERAL MIGRATORY BIRD TREATY ACT".

(3) Birds will find the top of the dike or the flat interior desirable nesting habitat. If construction activity ceases for any period of time, nesting may occur before work can resume. Any stoppage of activity could induce nesting, subsequently, construction could be altered or stopped to avoid impacting the birds. Areas which are potentially suitable for nesting can be altered to make the area undesirable. One approved method is the placement of stakes at 10- to 15-foot intervals and tie flagging between the stakes in a web fashion. This may dissuade bird nesting until construction can be resumed. In addition, the disposal area basin can be flooded prior to the beginning of nesting season to the elevation required for displacement from the disposal of dredged material in order to make the basin undesirable for bird nesting.

(4) Nesting platforms are present within, and adjacent to, the project work limits. Osprey and other protected species have nested on these platforms historically. In addition, there are many trees protected (such as cypress and palms) within the project work limits that may provide suitable nesting habitat for protected species. If an inactive bird nest is present within the project work limits, the Contractor may apply for a nest removal permit from FFWCC at http://myfwc.com/license/wildlife/#nest removal to remove the inactive nest to prevent impacts to construction. If the Contractor removes any nesting platform(s), the Contractor shall replace the platform(s) prior to completion of work.

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e. Bird Monitoring Qualifications: The Contractor's Environmental Protection Plan shall contain the qualifications of the bird monitor and the steps to be taken to construct the project in such a manner as not to impact migratory birds or induce their nesting. The qualifications of the bird monitor are a demonstrated ability to identify bird species, general and nesting behavior characteristics, nests and eggs, and a knowledge of habitat requirements. In addition, references must be provided to verify non-educational experience. The qualifications shall be submitted on the Bird Monitoring Qualification Sheet.

f. Work Delay: Delays in work due to the fault of negligence of the Contractor or the Contractor's failure to comply with this specification shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of compliance with this section shall be made in accordance with the Clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES in Volume 1.

3.1.5.4 Bald Eagle ( Haliaeetus leucocephalus)

A survey for bald eagles' nests shall be conducted prior to any construction activities. A preliminary survey has been conducted by the Government.

a. A 660-foot no activity buffer zone shall be maintained around the nest under the following conditions: (a) building construction at any height, and (b) where the project footprint is any size, and (c) the activity will be visible from the nest, and (d) if there is no similar activity within 1 mile of the nest.

(1) If there is existing tolerated activity for similar scope closer than 1 mile from the nest, the buffer zone may be adjusted to the same distance as that activity or structure occurs within the 660 feet.

b. A 330-foot no activity buffer zone shall be maintained around the nest under the following conditions: (a) building construction of any height, and (b) project footprint is 0.5 acre or less, and (c) the activity will not be visible from the nest, and (d) there is no similar activity within 1 mile of the nest.

(1) If there is existing tolerated activity of similar scope closer than 1 mile from the nest, the buffer zone may be adjusted to the same distance as that activity or structure occurs within the 330 feet for any project footprint larger than 0.5 acre.

c. If bald eagles nest within 660 feet of a construction zone, the Contractor shall be required to obtain the applicable disturbance permits from USFWS and FF&WCC.

The Service and FWC recommend biological monitoring of the nesting territory if new development, specifically residential, commercial, and /or industrial construction, is proposed to occur within 660 feet of the nest tree during the nesting season (October 1-May 15, Service 1987). If work will occur during nesting season, the Contractor shall obtain a take permit under the Bald & Golden Eagle Protection Act from USFWS. In addition, the Contractor shall obtain a disturbance permit from FFWCC. If

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the hatchlings fledge prior to the May 15 date, activity within the 660 foot buffer would be allowed. There are limited exceptions where individual construction projects may be granted closer access to nests; this will be determined by USFWS Florida Ecological Field Offices (FEFO) staff. In the event that construction within the interior of the buffer is unavoidable within nesting season, the Bald Eagle Monitor Guidelines, September, 2006, will be implemented accordingly.

3.1.5.5 Protection of The Florida Burrowing Owl ( Athene cunicularia floridana)

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to burrowing owls and their nests. All construction personnel shall be advised that burrowing owls are protected by the U.S. Fish and Wildlife Service under the Federal Migratory Bird Treaty Act. Burrowing owls are listed as a Species of Special Concern by the State of Florida, and therefore it is illegal to take (pursue, hunt, capture, molest, or kill) them and their nest burrows or eggs without a permit issued by the Executive Director of the Commission. The Contractor may be held responsible for harming or harassing the birds, their eggs, or their nests as a result of the construction.

a. Monitoring of Construction Area: In order to meet these responsibilities, the Contractor shall conduct monitoring of the construction area beginning 15 February through 10 July, if construction activities occur during that period. Daily monitoring using the Daily Bird Monitoring Report shall be conducted during the dawn or dusk time frames by a bird monitor approved by the Contracting Officer. Caution shall be taken by the monitor to avoid disturbance to the nesting birds. The Contractor shall maintain a daily log detailing monitoring and nesting activity (not all bird species are listed). Sample monitoring report and qualification sheet are on the web site indicated in the paragraph CONSTRUCTION FORMS AND DETAILS below. Within 30 days after completion of construction, a summary of monitoring shall be submitted to the Corps detailing nesting and nesting success/failure including species, number of nests created, location, number of eggs, number of offspring generated during the project and reasons for nesting success or failure, if known.

b. Nesting Within Construction Area:

(1) Should nesting begin within the construction area, a temporary, 150-foot buffer shall be created around the nests and marked to avoid entry (the Contracting Officer will provide signs). The area shall be left undisturbed until nesting is completed or terminated, and the chicks fledge. The decision to allow construction in a former nesting site will be determined by the Contracting Officer in consultation with the U.S. Fish and Wildlife Conservation Commission. Access to the nesting sites by humans (except limited access when accompanied by the bird monitor or Contracting Officer), equipment or pets under control of the Contractor is prohibited.

(2) If a temporary buffer is infeasible, a take permit can be requested by submitting an application packet to the Protected Species Permit Coordinator, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Mail Station WLD-BLX, Tallahassee, FL

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32399-1600, (850) 921-5990, ext 17310.

c. Bird Monitoring Qualifications: The Contractor's Environmental Protection Plan shall contain the qualifications of the bird monitor and steps to be taken to construct the project in such a manner as not to impact migratory birds or induce their nesting. The qualifications of the bird monitor are a demonstrated ability to identify bird species, general and nesting behavior characteristics, nests and eggs, and a knowledge of habitat requirements. In addition, references must be provided to verify non-educational experience.

d. Work Delay: Delays in work due to the fault or negligence of the Contractor or the Contractor's failure to comply with this specification shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of compliance with this section shall be made in accordance with the Clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES.

3.1.5.6 Protection of Everglade Snail Kite ( Rostrhamus sociabilis plumbeus)

No activities will be conducted within 1,640 feet of Everglade snail kite nests during the breeding season (January through June) or around roosting sites throughout the year. If the snail kite is documented on site, project activities shall be modified to not disturb the birds. If project activities in snail kite habitat during this breeding season are unavoidable, then a knowledgeable site monitor will be used to determine when activities are disturbing the birds. Project activities will cease if the snail kites are disturbed, and the Contracting Officer and Environmental Branch Chief shall be contacted. If disturbance is expected then an incidental take permit is needed, and shall be acquired by the Contractor.

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to Everglade snail kites and their nests. All construction personnel shall be advised that Everglade snail kites are protected by the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act of 1973, as amended (87 Stat. 884: 16 U.S.C. 1531 et seq.). Speed limits are limited to 30 to 35 mph where traffic is not common (behind gates) during the day. At dawn and dusk, speed limits will be limited from 15-25 mph where traffic is not common (behind gates). The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor must follow the Terms and Conditions outlined by U.S. Fish and Wildlife Service as outlined in the Project Concurrence Letter. Requirements include:

a. Monitoring of Construction Area. In order to meet these responsibilities, the Contractor shall conduct monitoring within 1,640 feet of the construction area January through June, and immediately prior to construction. Surveys will follow the appropriate procedures outlined in the Management Guidelines for Everglade snail kites from the USFWS.

b. Survey. Pre-nesting surveys shall be conducted between sunrise and about 1100 hours or between about 1600 hours and sunset. At least one pre-nesting survey shall be conducted weekly beginning December 1. Pre-nesting surveys shall cover an area at least 1,640 feet surrounding all project activities, which include but might not be limited to access roads, channels, or other routes; equipment storage

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facilities; and construction sites.

c. Monitoring. A knowledgeable biologist will monitor active snail kite nests during all project activities within 1,640 feet of active snail kite nests. Nest monitors will record snail kite and project activities sufficiently to observe if/when project activities disturb snail kites. Snail kite disturbance behaviors include, but might not be limited to, responsive movement, agitation, or flushing. If disturbance behaviors are observed, project activities shall cease. The nest monitors shall report disturbance behaviors to the Corps, who in consultation with the USFWS will determine which activities are allowed to resume.

d. Project Modifications. If the nesting snail kites are documented, project activities shall be modified to avoid disturbance. No activities shall be conducted within 425 feet of the nests during breeding season or around roosting sites throughout the year. Disturbance will be avoided within a 425-foot zone established around active nests. Habitat disturbances, such as anthropogenic water level changes and vegetative alterations shall be avoided within a 1,640-foot area surrounding active nests during the breeding season (January to June).

e. Injured or Dead Snail Kite. If a dead, injured, or sick snail kite is found in the project footprint or along access roads to the project site, notification shall be made to the Contracting Officer and Chief of the Environmental Branch in the Jacksonville District Office, and to U.S. Fish and Wildlife Service Law Enforcement Office Robert Register, Special Agent, 1339 20th Street, Vero Beach, Florida 32960; 772-562-3909, extension 224. Notification shall also be made to the Florida Fish and Wildlife Conservation Commission, South Region, 3900 Drane Field Road, Lakeland, FL 33811, Wildlife Alert Number 1-800-404-3922. A dead specimen shall be bagged and frozen. In conjunction with the care of sick or injured snail kite or preservation of biological material from a dead animal, the finder also has the responsibility to carry out instructions provided by the U.S. Fish and Wildlife Service Law Enforcement office to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.

3.1.5.7 Protection of Wood Stork ( Mycteria americana)

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to wood storks and their nests. Speed limits are limited to 30 to 35 mph where traffic is not common (behind gates) during the day. At dawn and dusk, speed limits will be limited from 15-25 mph where traffic is not common (behind gates). All construction personnel shall be advised that wood storks are protected by the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act of 1973, as amended. The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor must follow the Terms and Conditions outlined by the U.S. Fish and Wildlife Service as outlined in the Project Concurrence Letter. Requirements include:

a. Monitoring of Construction Area. In order to meet these responsibilities, the Contractor shall conduct monitoring within 1,000-1,500 feet of the construction area January through June, and immediately prior to construction. Surveys shall follow the appropriate procedures outlined in the wood stork Habitat Management

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Guidelines from the USFWS.

b. Survey. Surveys shall be conducted between sunrise and about 1100 hours or between about 1600 hours and sunset. Wood storks are most actively nest building, foraging, or feeding young between sunrise and about 1100 hours, and again between about 1600 hours and sunset. Wood storks are rarely active during the heat of midday, especially in the summer months.

c. Monitoring. A knowledgeable biologist shall monitor active wood stork nests during all project activities within 1,000 feet of active wood stork nests. Nest monitors will record snail kite and project activities sufficiently to observe if/when project activities disturb wood storks. Wood stork disturbance behaviors include but might not be limited to responsive movement, agitation, or flushing. If disturbance behaviors are observed, project activities shall cease. The nest monitors shall report disturbance behaviors to the Corps, who in consultation with the USFWS will determine which activities are allowed to resume.

d. Project Modifications. If the nesting wood storks are documented, project activities shall be modified to avoid disturbance. No activities shall be conducted within 1,000 feet of the nests during breeding season or around roosting sites throughout the year. Disturbance will be avoided within a 1,000-foot zone established around active nests. Habitat disturbances, such as anthropogenic water level changes and vegetative alterations shall be avoided within a 1,500-foot area surrounding active nests during the breeding season (January to June).

e. Injured or Dead Wood Stork. If a dead, injured, or sick wood stork is found in the project footprint or along access roads to the project site, notification shall be made to the Contracting Officer and Chief of the Environmental Branch in the Jacksonville District Office, and to the U.S. Fish and Wildlife Service Law Enforcement Office Robert Register, Special Agent, 1339 20th Street, Vero Beach, Florida 32960, 772-562-3909, extension 224. Notification shall also be made to the Florida Fish and Wildlife Conservation Commission, South Region, 3900 Drane Field Road, Lakeland, Florida 33811, Wildlife Alert Number 1-800-404-3922. A dead specimen shall be bagged and frozen. In conjunction with the care of sick or injured wood stork or preservation of biological material from a dead animal, the finder also has the responsibility to carry out instructions provided by the U.S. Fish and Wildlife Service Law Enforcement office to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.

3.1.5.8 Protection of Audubon's Crested Caracara ( Polyborus plancus audubonii)

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to caracara and their nests. Speed limits are limited to 30 to 35 mph where traffic is not common (behind gates) during the day. At dawn and dusk, speed limits shall be limited from 15-25 mph where traffic is not common (behind gates). All construction personnel shall be advised that caracara are protected by the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act of 1973, as amended. The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor must follow the Terms and Conditions

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outlined by U.S. Fish and Wildlife Service as outlined in the Project Concurrence Letter. Requirements include:

a. Monitoring of Construction Area. In order to meet these responsibilities, the Contractor shall conduct monitoring within 985-4,920 feet of the construction area between January and April, and immediately prior to construction. Surveys shall follow the appropriate procedures outlined in the Survey Protocol for caracara Territories from the USFWS.

b. Surveys are best conducted early in the morning or late in the afternoon. Caracaras are most actively nest building, foraging, or feeding young between sunrise and about 1100 hours, and again between about 1600 hours and sunset. Caracaras are rarely active during the heat of midday, especially in the summer months.

c. Monitoring. A knowledgeable biologist will monitor active caracara nests during all project activities within 985 feet of active caracara nests. Nest monitors will record caracara and project activities sufficiently to observe if/when project activities disturb caracara. Caracara disturbance behaviors include, but might not be limited to responsive movement, agitation, or flushing. If disturbance behaviors are observed, project activities shall cease. The nest monitors shall report disturbance behaviors to the Corps, who in consultation with the USFWS shall determine which activities are allowed to resume.

d. Project modifications. If nesting caracaras are documented, project activities shall be modified to avoid disturbance. No activities shall be conducted within 985 feet of the nests during breeding season or around roosting sites throughout the year. Disturbance shall be avoided within a 985-foot zone established around active nests. Habitat disturbance, such as anthropogenic water level changes and vegetative alterations, shall be avoided within a 4,920-foot area surrounding active nests during the breeding season (January to June).

e. Injured or Dead Caracara. If a dead, injured, or sick caracara is found in the project footprint or along access roads to the project site, notification should be made to the Contracting Officer and Chief of the Environmental Branch in the Jacksonville District Office, and to U.S. Fish and Wildlife Service Law Enforcement Office Robert Register, Special Agent, 1339 20th Street, Vero Beach, Florida 32960; 772-562-3909, extension 224. Notification should also be made to the Florida Fish and Wildlife Conservation Commission; South Region; 3900 Drane Field Road; Lakeland, Fl 33811; Wildlife Alert Number 1-800-404-3922. A dead specimen should be bagged and frozen. In conjunction with the care of sick or injured caracara or preservation of biological material from a dead animal, the finder also has the responsibility to carry out instructions provided by the U.S. Fish and Wildlife Service Law Enforcement officer to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.

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

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to GTs and their burrows. All construction personnel shall be advised that GTs are listed by the State

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of Florida as a Species of Special Concern and protected by the FAC, Chapter 39027.002(4). The Contractor may be held responsible for taking, harming, or harassing the tortoises, their eggs or their burrows as a result of the construction. The destruction of GT burrows constitutes taking under this law except as authorized by specific permit.

a. General. In order to meet these responsibilities, the Contractor shall conduct GT surveys prior to the beginning of construction activities. The surveys shall be conducted by a qualified GT biologist. A list of qualified individuals may be obtained from the FF&WCC. The Contractor shall stay at least 25 feet from entrances of individual burrows.

b. State Permit Applications. Pursuant to the requirements of Rules 68-25.002 and 68-27.002 of the Wildlife Code of the State of Florida (Title 68A, FAC), a permit for a GT capture/relocation release project must be secured from the FF&WCC prior to initiating any relocation work. Applications shall be submitted at least 30 days prior to the time needed from Office of Environmental Services, Division of Wildlife, Florida Fish and Wildlife Conservation Commission, 620 S Meridian Street, Tallahassee, Florida 32399-1600, ATTN: Mr. Rick McCann, Endangered Species Coordinator, telephone 850-488-6661. Permits to capture and release GTs on site will be issued by regional Division of Wildlife or Office of Environmental Services personnel based on telephone requests (field verifications may be conducted by FF&WCC personnel if deemed necessary).

c. Application Information. The application will contain, but not be limited to, aerial photography of the donor and recipient sites, a detailed map showing the location of the active and inactive burrow sites, the location and number of acres of GT habitat, the carrying capacity of the recipient site and any management plans for the recipient site.

d. Applicant Qualifications. Applicants for relocation permits shall be suitably trained or experienced in such work. Copies of applicant credentials demonstrating such shall be appended to applications. A list of qualified individuals may be obtained from the FF&WCC.

3.1.5.10 Protection of Eastern Indigo Snake ( Drymachon couperi)

a. Monitoring of Construction Area: The Contractor shall coordinate with the Jacksonville District Corps of Engineers, Environmental Branch, South Florida Section (CESAJ-PD-ES) and the U.S. Fish and Wildlife Service's (FWS) South Florida Field Office during the establishment and implementation of an indigo snake protection/education plan.

b. Qualified Observer: A qualified observer shall be present on site to watch for indigo snakes during all construction phases, including clearing phases of the project. The name(s) and qualifications of the proposed observer shall be submitted to the Contracting Officer for approval. The information submitted should indicate what experience the individual has that would qualify the person to act as an indigo snake observer.

c. Indigo Snake Protection/Education Plan: An indigo snake protection/education plan shall be developed for all construction crews to follow. The plan shall be provided to the Contracting

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Officer for review and approval at least 30 days prior to any construction or clearing activities. The educational materials for the plan could consist of a combination of posters or videos, pamphlets, and lectures and should include the following information:

(1) Description of the indigo snake, its habits, and protection under Federal Law;

(2) Instructions not to injure, harm, harass or kill this species;

(3) Directions to notify the qualified observer(s) if an indigo snake is sighted;

(4) Directions to cease construction activity, notify the qualified observer, and allow the indigo snake sufficient time to move away from the site on its own before resuming construction (only a qualified individual, who has been either authorized by a Section 10(a)(1)(A) permit issued by the FWS, or designated as an agent of the State of Florida by the FF&WCC for such activities, is permitted to come in contact with an indigo snake);

(5) Telephone numbers of pertinent agencies to be contacted if a dead indigo snake is encountered; and,

(6) Instructions that, if necessary, indigo snakes shall be held in captivity only long enough to transport them to a release site; at no time shall two snakes be kept in the same container during transportation.

3.1.5.11 Protection of the West Indian (Florida) Manatee ( Trichechus manatus latirostris)

a. Civil and Criminal Penalties: All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. The Contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities.

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

c. Vessel/Boat Operation: All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in waters where the draft of the vessel provides less than a four-foot clearance from the bottom, and vessels shall follow routes of deep water whenever possible. Boats used to transport personnel shall be shallow-draft vessels, preferably of the light-displacement category, where navigational safety permits. Mooring bumpers shall be placed on all barges, tugs, and similar large vessels wherever and whenever there is a potential for manatees to be crushed between two moored vessels. The bumpers shall provide a minimum stand-off distance of 4 feet.

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d. Prior to construction, measures to prevent manatees from accessing the canal system must be in place and remain throughout project completion. In the event a Florida manatee becomes stranded or entrapped in the enclosed canal system, the FWC shall be notified by calling the Hotline at 1-888-404-3922, and by email to [email protected] to initiate rescue or recovery. The permittee shall initiate any corrective actions that may be needed as approved and coordinated with the FWC/ISM as soon as practical.

e. Manatee Sighting: If a manatee(s) is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the Contractor to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. If a manatee is closer than 50 feet to moving equipment or the project area, the equipment shall be shut down and all construction activities shall cease within the waterway to ensure protection of the manatee. Construction activities shall not resume until the manatee has departed the project area. If construction activity shall cease, notify the Contracting Officer.

f. Manatee Signs: Prior to commencement of construction, each vessel involved in construction activities shall display at the vessel control station or in a prominent location, visible to all employees operating the vessel, a temporary sign at least 8-1/2" x 11" reading, "CAUTION: MANATEE HABITAT/IDLE SPEED IS REQUIRED IN CONSTRUCTION AREA." In the absence of a vessel, a temporary 3' x 4' sign reading "CAUTION: MANATEE AREA" will be posted adjacent to the issued construction permit. A second temporary sign measuring 8-1/2" x 11" reading "CAUTION: MANATEE HABITAT. EQUIPMENT MUST BE SHUTDOWN IMMEDIATELY IF A MANATEE COMES WITHIN 50 FEET OF OPERATION" shall be posted at the dredge operator control station and at a location prominently adjacent to the issued construction permit. The Contractor shall remove the signs upon completion of construction. Sample Manatee Caution Signs are on the first web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

g. Manatee Sighting Reports: Any collisions with a manatee or sighting of any injured or incapacitated manatee shall be reported immediately to the Corps of Engineers by notifying the personnel indicated in the table "Order of Contact of Corps Personnel" above. The Contractor shall also immediately report any collision with and/or injury to a manatee to the Florida Wildlife Conservation Commission "Manatee Hotline" 1-888-404-FWCC (3922) as well as the U.S. Fish and Wildlife Service, Vero Beach Field Office at 772-562-3909 for South Florida.

3.1.5.12 Okeechobee Gourd Protection Measures ( Cucurbita okeechobeensis ssp. okeechobeensis)

The Contractor shall be aware of the potential presence of the Okeechobee Gourd. A qualified botanist shall survey and flag the location of the Okeechobee Gourd within the construction area prior to commencement of construction activities. If the gourd is found, the Contracting Officer's Representative and the U.S. Fish and Wildlife Service shall be notified for management measures.

3.1.5.13 Protection of Florida Bonneted Bat (FBB) Populations

Before construction or any development begins the FBBs will be surveyed by

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the Construction Contractor within the project footprint following USFWS survey protocol (attachment) to identify potential roosts and if they are occupied. Because of the difficulty in detecting this species, negative survey results will not equate to species absence. The results of the surveys will provide information that can help guide the consultation process and appropriate conservation measures. This protocol is designed to be implemented prior to potential impacts from construction or development projects. FBB are known to roost in both natural and artificial structures. Potential natural roost structures include tree cavities, caves, rock crevices, and foliage; artificial roost structures include buildings, bridges, and bat houses constructed specifically to attract roosting bats.

FBB roost surveys should be performed by personnel experienced in management and monitoring of bat species and must be approved by USACE Project biologist.

The construction contractor shall keep construction activities under surveillance, management, and control to prevent impacts to FBB and roosts that may establish after construction begins. All construction personnel shall be advised that FBBs are listed by the State of Florida as critically endangered.

The USFWS Protocol for Florida Bonneted Bat Roost Surveys is provided in Attachment.

Contractor shall submit as specified, a compilation of all data and maps prepared during the surveys and all information regarding FBB and FBB roosts.

The following steps shall be followed by the Contractor:

a. General: If any FBB's are encountered during construction activities, the Contractor shall notify the Project Biologist.

b. Taking: If construction work kills FBBs, it will be the Contractor's responsibility to obtain an emergency take permit and pay the fine associated with the permit. If taking occurs, the Contractor shall notify the Project Biologist.

c. Reporting: Any FBB mortality or debilitating injury occurring during construction activities and mobilization are to be reported to:

Order of Contact of Corps Personnel to Report Florida Bonneted Bat Activities

Telephone Number Title Work Hours After Hours

Saxby Anderson, Resident Engineer (CESAJ-CD-WH) 561-762-5319 *Chief, Environmental Branch Planning Division (CESAJ-PD-E) 904-232-2336 *Florida Fish and WildlifeConservation Commission 850-410-0656 *

* Telephone numbers will be provided in the Preconstruciton Conference.

d. Qualifications: The Contractor's Environmental Protection Plan shall contain the steps to be taken to construct the project in such a

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manner as not to impact FBBs.

e. Work Delay: Delays in work due to the fault or negligence of the Contractor or the Contractor's failure to comply with these specifications shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of the compliance with this section shall be made in accordance with the provisions of the clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES.

3.1.6 Protection of Air Resources

The Contractor shall keep construction activities under surveillance, management, and control to minimize pollution of air resources. All activities, equipment, processes and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with the applicable air pollution standards of the State of Florida (Florida Statute, Chapter 403 and others and Chapters 200 series of the FAC) and all Federal emission and performance laws and standards, including the U.S. Environmental Protection Agency's Ambient Air Quality Standards. Information regarding Florida Statutes can be obtained from the following web site: http://www.dep.state.fl.us.

3.1.6.1 Particulates

Particulates, such as dust, shall be controlled at all times, including weekends, holidays, and hours when work is not in progress. The Contractor shall maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and work areas within or outside the project boundaries free from particulates that would cause air pollution standards to be exceeded or that would cause a hazard or nuisance. The Contractor shall have the necessary equipment and approved methods to control particulates as the work proceeds and before a problem develops.

3.1.6.2 Burning

All burning shall be subject to State and local requirements, including requirements for burn permits and bans during certain conditions such as droughts.

3.1.6.3 Odors

Odors shall be controlled at all times for all construction activities.

3.1.7 Protection of Sound Intrusions

The Contractor shall keep construction activities under surveillance and control to minimize damage to the environment by noise.

3.2 POSTCONSTRUCTION CLEANUP

The Contractor shall clean up any area(s) used for construction.

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION DAMAGES

The Contractor shall restore all landscape features and marine vegetation damaged or destroyed during construction operations outside the limits of the approved work areas. Such restoration shall be a part of the

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Environmental Protection Plan as defined in subparagraph "Environmental Protection Plan" of paragraph SUBMITTALS above. This work shall be accomplished at the Contractor's expense.

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

The Contractor shall thoroughly clean equipment prior to and following work on the project to ensure that soil, vegetative debris, eggs, mollusk larvae, seeds, and vegetative propagules are not transported from a previous work location to this project site, nor transported from this project site to another location. Decontamination protocols include cleaning all equipment surfaces, including but not limited to, undercarriages, tires, and sheet metal. All equipment, including but not limited to, heavy equipment, vehicles, trailers, ATV's, and chippers must be decontaminated. Smaller equipment, including chainsaws, loppers, shovels, and backpack sprayers, must be cleaned and inspected to ensure they are free of eggs, vegetative debris, and vegetative propagules. The Contractor may utilize any method accepted by the Government; common accepted methods include pressure washing and steam cleaning/washing equipment. Decontamination protocols should also address clothing and personal protective equipment.

Prior to the commencement of work, the Contractor shall complete and provide a nuisance species decontamination plan to the COR/QA for approval. This plan shall be part of the Environmental Protection Plan as defined in subparagraph "Environmental Protection Plan" of paragraph SUBMITTALS above. The decontamination plan shall identify specific decontamination procedures and decontamination sites/locations. Decontamination protocols may vary depending upon the nature of the project site. It will be the responsibility of the COR/QA to inspect all equipment prior to work commencing at the project site, as well as inspecting equipment when it will be transported of the project site. Work delays due to the fault and/or negligence of the Contractor or the Contractor's failure to comply with this specification shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of compliance with this section shall be made in accordance with the Clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES in Volume 1.

3.4.2 Invasive and Nuisance Species Reporting

The Contractor shall report sightings of invasive and nuisance species within 24 hours. The reporting shall include the date, time, location (latitude and longitude preferred), prevailing environmental conditions, circumstances surrounding the sighting, and disposition/behavior of the species. Pictures of the reported species are desirable. Reporting shall be made to the Jacksonville District Corps of Engineers:

Planning Division, Environmental Branch

Operations Division, Invasive Species Management Branch

3.4.3 Monitoring for Exotic, Nuisance, and Invasive Species

Upon removal of the lakeside cofferdam at S-286 (HP-3), the Contractor shall monitor the impact area. Exotic, nuisance, and invasive aquatic plant species shall be removed to allow for natural recruitment of bulrush

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and other native emergent aquatic vegetation. Monitoring and removal shall occur for six (6) months or until acceptance of work by the Government, whichever occurs earlier. Upon completion of monitoring, percent cover of exotic, nuisance, and invasive species shall be no greater than the original documented site condition. See subparagraph "Protection of Wetland and/or Emergent Aquatic Vegetation" above.

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

The Contractor shall maintain all constructed facilities and pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.6 CONSTRUCTION FORMS AND DETAILS

See the "Construction Forms & Details" module at the following web address: http://www.saj.usace.army.mil/About/Divisions-Offices/Engineering/Design-Branch/Specifications-Section/

-- End of Section --

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WIRE ROPE CLIPS (TYP.) TO EYEBOLTS WITH 3, 1/2" DIA.SST

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DEBRIS SCREEN (TYP)REFLECTIVE TAPE AND SUSPENDEDORANGE, 10'-0"x16"x14", WITHBARRIER FLOAT,

ALL AROUND (TYP)RETROREFLECTIVE TAPE,COAST GUARD APPROVED3", WHITE, S.O.L.A.S., U.S.

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8. CABLE CLAMPS SHALL BE SUPPLIED AS PER MANUFACTURER'S RECOMMENDATIONS.

LOCATIONS. VARIATION OF WATER STAGES AT THE LAKESIDE AND LANDSIDE7. THE CABLE LENGTH SHALL PROVIDE ADEQUATE SLACK TO ADDRESS THE

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TO THE TIMBER PILES. OF THE DEBRIS BARRIERS, INCLUDING DETAILS OF THE CONNECTIONS2. CONTRACTOR SHALL SUBMIT FABRICATION AND ERECTION DRAWINGS

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SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 SCOPE 1.2 REFERENCES 1.2.1 Miscellaneous Environmental Laws And Regulations 1.2.2 Publication Reference(s) 1.3 QUALITY CONTROL 1.4 PERMITS AND AUTHORIZATIONS 1.5 SUBMITTALS 1.6 SUBCONTRACTORS 1.7 NOTIFICATION 1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES 3.1.1 General Project Environmental Design and Installation Criteria 3.1.1.1 Petroleum-Based Systems Environmental Design and

Installation Criteria 3.1.1.2 Sewage-Based Systems Environmental Design and Installation

Criteria 3.1.2 Protection of Land Resources 3.1.2.1 Work Area Limits 3.1.2.2 Protection of Landscape 3.1.2.2.1 Red Bay Tree 3.1.2.3 Unprotected Erodible Soils 3.1.2.4 Disturbed Areas 3.1.2.5 Contractor Facilities and Other Work Areas 3.1.2.6 Solid Wastes 3.1.2.7 Fuel, Oil, and Lubricants 3.1.2.8 Hazardous Waste 3.1.2.9 Hazardous Materials 3.1.3 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 3.1.3.5 Protection of Trees Significant to Seminole Brighton

Reservation 3.1.4 Protection of Water Resources 3.1.4.1 Washing and Curing Water 3.1.4.2 Stream Crossings

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3.1.4.3 Monitoring of Water Areas 3.1.4.4 Turbidity 3.1.4.5 Oil, Fuel, and Hazardous Substance Spill Prevention and

Mitigation 3.1.5 Protection of Fish and Wildlife Resources 3.1.5.1 Endangered Species Protection 3.1.5.2 Report Submission 3.1.5.3 Protection of Migratory Bird Species 3.1.5.4 Bald Eagle (Haliaeetus leucocephalus) 3.1.5.5 Protection of The Florida Burrowing Owl (Athene

cunicularia floridana) 3.1.5.6 Protection of Everglade Snail Kite (Rostrhamus sociabilis

plumbeus) 3.1.5.7 Protection of Wood Stork (Mycteria americana) 3.1.5.8 Protection of Audubon's Crested Caracara (Polyborus

plancus audubonii) 3.1.5.9 Protection of Gopher Tortoise (GT) Populations (Gopherus

polyphemus) 3.1.5.10 Protection of Eastern Indigo Snake (Drymachon couperi) 3.1.5.11 Protection of the West Indian (Florida) Manatee

(Trichechus manatus latirostris) 3.1.5.12 Okeechobee Gourd Protection Measures (Cucurbita

okeechobeensis ssp. okeechobeensis) 3.1.5.13 Protection of Florida Bonneted Bat (FBB) Populations 3.1.6 Protection of Air Resources 3.1.6.1 Particulates 3.1.6.2 Burning 3.1.6.3 Odors 3.1.7 Protection of Sound Intrusions 3.2 POSTCONSTRUCTION CLEANUP 3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION

DAMAGES 3.4 INVASIVE AND NUISANCE SPECIES 3.4.1 Prevention of Invasive and Nuisance Species Transfer 3.4.2 Invasive and Nuisance Species Reporting 3.4.3 Monitoring for Exotic, Nuisance, and Invasive Species 3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES 3.6 CONSTRUCTION FORMS AND DETAILS

-- End of Section Table of Contents --

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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 REFERENCES

1.2.1 Miscellaneous Environmental Laws And Regulations

There are numerous environmental laws and regulations. At the Federal level, the applicable laws and regulations include compliance with the Clean Water Act (CWA); Clean Air Act (CAA); Coastal Zone Management Act (CZMA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Endangered Species Act (ESA); Fish and Wildlife Coordination Act (FWCA); Marine Protection, Research, and Sanctuaries Act (MPRSA); Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA); National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA); National Pollution Discharge Elimination System (NPDES); Research and Sanctuaries Act; Native American Graves Protection and Repatriation Act (NAGPRA); Resource Conservation and Recovery Act (RCRA); Rivers and Harbors Act (R&H); Safe Drinking Water Act (SDWA); Toxic Substance Control Act (TSCA); Wild and Scenic Rivers Act (WSRA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Marine Mammal Protection Act (MMPA); Code of Federal Regulations (CFRs); Executive Orders; and, Environmental Protection Agency (EPA) requirements. NEPA compliance measures specified in an Environmental Assessment (EA) or Environmental Impact Statements (EIS) are also applicable with regard to compliance.

1.2.2 Publication Reference(s)

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

COE ER 1110-1-5 (1984) Plant Pest Quarantined Areas and Foreign Soil Samples

1.3 QUALITY CONTROL

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

1.4 PERMITS AND AUTHORIZATIONS

The Contractor shall obtain all needed permits or licenses including the National Pollutant Discharge Elimination System (NPDES) permit for Construction Activities Exceeding 1 Acre. The Government will not obtain any permits for this project; see Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1.

The Contractor is responsible for obtaining NPDES Stormwater Construction Generic Permit to provide coverage under the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Stormwater Discharges from Construction Activities (CGP) pursuant to Rule 62-621.300(4), F.A.C. The Contractor is advised to contact FDEP's NPDES Stormwater Program at (850) 245-7522 or toll free at (866) 336-6312, or to download application information from http://www.dep.state.fl.us/water/stormwater/npdes/construction1.htmprior to commencement of construction.

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

a. Florida Department of Environmental Protection Permit Number 0234604-021, issued on May 2, 2014 and expires on May 2, 2019; and Modification 0234604-030 issued March 24, 2017.

b. Environmental Surveys for Burrowing Owls and gopher tortoises may require additional permits for removal or taking of listed species from the Florida Fish and Wildlife Conservation Commission prior to commencement of construction. The Contractor is responsible for obtaining, and shall be bound to the conditions of such permits.

c. If bald eagles nest within 660 feet from a construction zone, the Contractor shall be required to obtain the applicable disturbance permits from USFWS and FFWCC.

The above permits indicate issuing agency approval of work required by this contract. Permits and environmental compliance documents are available at the following web address:http://www.saj.usace.army.mil/About/Divisions-Offices/Planning/Environmental-Branch/Environmental-Compliance/

The Contractor shall comply with all requirements under the terms and

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conditions set out in all permit(s) in accordance with the Clause PERMITS AND RESPONSIBILITIES of Section 00700 CONTRACT CLAUSES in Volume 1.

1.5 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Submit the following preconstruction submittal items no later than 30 calendar days after Notice to Proceed.

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, t The Contractor shall submit an Environmental Protection Plan for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, the Contractor shall furnish an acceptable final plan no later than 30 calendar days after receipt of Notice to Proceed. Acceptance of the Contractor's plan shall not relieve the Contractor of his responsibility for adequate and continuing control of pollutants and other environmental protection measures. Acceptance of the plan is conditional and predicated on satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes to the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. No physical work at the site shall begin prior to acceptance of the Contractor's plan or an interim plan covering the work to be performed. The Environmental Protection Plan shall include but not be limited to the following:

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

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

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

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

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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, species, and noise monitoring.

g. Traffic control plan.

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

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

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

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

l. Plan of borrow area(s).

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

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

o. Construction activities shall be conducted in a manner as not to impact migratory birds or induce their nesting.

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

q. A protection and education plan for the Okeechobee Gourd.

r. A protection and education plan to achieve protection of Bald Eagles during construction.

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s. A protection and education plan to achieve protection of Burrowing Owls and their nests during construction.

t. A protection and education plan for the Eastern Indigo Snake.

u. A protection and education plan for the Florida Bonneted Bat.

v. A protection and education plan for the Everglades Snail Kite.

w. A protection and education plan for Audubon's Crested Caracara.

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

y. A protection and education plan for the Gopher Tortoise.

z. A protection and education plan for Manatees.

aa. Nuisance Species Decontamination Plan.

SD-07 Certificates

Bird Monitoring Qualifications ; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the bird monitor/observer. Appropriate qualifications for bird monitor/observer shall be a demonstrated ability to find and/or identify bird species, nesting behavior, eggs and nests, and habitat requirements. In addition, references shall be provided to verify non-educational experience. The Contractor shall consult with and coordinate all monitoring plans and activities with Stacie Auvinshine at 904-232-3694.

Eastern Indigo Snake Observer ; G, DO

No later than 20 calendar days after award or 5 calendar days after Notice to Proceed, whichever is later, the Contractor shall furnish to the Contracting Officer for approval, the qualifications of the eastern indigo snake observer.

Florida Bonneted Bat Qualifications ; G, DO

Within 20 calendar days after the date of Notice of Award, the Contractor shall furnish to the Contracting Officer for approval, the qualification of the Florida Bonneted Bat surveyor(s).

SD-11 Closeout Submittals

Logs/Final Summary Report

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

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Eastern Indigo Snake Monitoring Report

Contractor shall submit an Eastern indigo snake monitoring report to the appropriate U.S. Fish and Wildlife (FWS) Field Office within 60 days of the conclusion of clearing phases. The report shall be submitted whether or not Eastern indigo snakes are observed. The report shall contain any sightings of Eastern indigo snakes, summaries of any relocated snakes if relocation was approved for the project (e.g., locations of where and when they were found and relocated), and other obligations required by the State that may or may not be stipulated in the permit.

Project Environmental Summary Sheet

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

Logs/Summary of Bird Nesting Monitoring

Contractor shall submit as specified, logs and summary of monitoring detailing nesting and nesting success.

Comprehensive Final Report

Contractor shall submit as specified, a compilation of all data and maps prepared during the surveys and all information regarding relocation of gopher tortoises.

1.6 SUBCONTRACTORS

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

1.7 NOTIFICATION

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

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

1.8 CONTRACTOR PERSONNEL QUALIFICATIONS IN POLLUTION CONTROL

The Contractor's personnel shall be qualified to perform all phases of

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environmental protection, including methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and careful installation and monitoring of the project to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the Contractor. Quality Control personnel will be identified in the Quality Control Plan submitted in accordance with Section 01 45 04 CONTRACTOR QUALITY CONTROL.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 PROTECTION OF ENVIRONMENTAL RESOURCES

For contract work, the Contractor shall comply with all applicable Federal, State, or local laws and regulations. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected at least during the entire period of this contract. The Contractor shall confine his activities to areas defined by the drawings and specifications. Deviations from drawings or specifications (e.g., proposed alternate borrow areas, disposal areas, staging areas, and alternate access routes) could result in the need for the Government to reanalyze and re-approve the project from an environmental standpoint. Environmental protection shall be as stated in the following subparagraphs.

3.1.1 General Project Environmental Design and Installation Criteria

Some project sites have features that shall not be impacted in any way, including cultural, historic, or archeological features. At all sites, the Contractor shall minimize disturbance to existing features at the site to the extent possible, including vegetative, topographic, and drainage pattern features. Wetland impacts (temporary access, detours, staging areas, and other work area impacts) to project sites should be avoided and may require separate permitting action. Any wetlands temporarily impacted shall have its soil restored upon project completion. Expansion of previously permitted project footprints may likewise require separate permitting action.

In all cases, the design and/or installation of project system shall provide for protection of the environment during handling, installing, storing, utilizing, transporting, servicing, testing, refilling, transferring, pumping, processing, removing waste products, repairing and maintaining systems and their components. Necessary design protection shall also be considered that would prevent contamination of the environment from impacts to the system caused by storm water runoff and flooding. Retrofit of connected systems on project sites to modern environmental protection design standards shall also be considered.

In the event environmental protection measures fail, the Contractor shall implement procedures to control and correct environmental damage.

3.1.1.1 Petroleum-Based Systems Environmental Design and Installation Criteria

For petroleum-based systems, a statement of site suitability shall be provided and shall include what would be necessary to prevent adverse

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impact to water quality; natural resources; habitat; historic, cultural, and archeological sites; and fragile local resources in the event of a fuel spill. Human error and mechanical/electrical failure of components without human intervention shall also be considered in the design with regard to spills. Additionally, appropriate noise and emissions controls shall be incorporated into the design, including vapor and exhaust controls.

At a minimum, environmental protection design requirements shall also include the following: (1) stationary tanks and piping shall have secondary containment features; (2) approved materials and corrosion protection systems shall be utilized; (3) system leaks shall be readily detected and contained without human intervention; and, (4) overfill containment systems shall be provided.

Applicable Federal, State, and local codes and requirements shall be strictly adhered to in the design, including those of the U.S. Environmental Protection Agency (EPA), the State of Florida, the South Florida Water Management District (SFWMD), and other local governing agencies such as those of counties and municipalities. In the case of the State, requirements include Chapter of the Florida Administrative Code (FAC) such as 62-17 (Approved Materials), 62-252 (Vapor Emissions), 62-296 (Emissions), 62-761 (Underground Storage Tanks), and 62-762 (Aboveground Tanks). Note that Chapters 62-761 and 62-762 of the FAC may be combined into one Chapter. Best Management Practices from the applicable agencies shall also be adhered to in the design.

3.1.1.2 Sewage-Based Systems Environmental Design and Installation Criteria

In general, there shall be no waste or debris discharges of any kind for a project unless authorized by the Contracting Officer. This shall include the Contractor's providing sufficient temporary sanitary equipment and facilities for the project. The design and/or installation of temporary or permanent sewage systems shall ensure that waters will be free of effects of sewage discharges. Applicable Federal, State, or local codes and requirements regarding sewage shall be strictly adhered to in the design, such as those of the EPA and, in the case of the State, Chapter 62-620 (Wastewater Facilities) of the FAC. Best Management Practices from the applicable agencies shall also be adhered to in the design.

3.1.2 Protection of Land Resources

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

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3.1.2.1 Work Area Limits

Prior to any construction, the Contractor shall mark the areas that are not required to accomplish all work to be performed under this contract. Isolated areas within the general work area which are to be saved and protected shall also be marked or fenced. The Contractor shall protect from damage all existing trees designated to remain. Protection of tree roots shall be provided against noxious materials in solution caused by run-off or spillage. Fires shall be located outside the canopy of protected trees. No materials, trailers, or equipment shall be stored within the drip line of any protected tree. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the markers shall be visible. The Contractor shall convey to his personnel the purpose of marking and/or protection of all necessary objects.

The Contractor shall thoroughly clean all construction equipment and tools at the prior job site in a manner that ensures all residual soil is removed and that egg deposits from plant pests are not present. The Contractor shall consult with the U.S. Department of Agriculture (USDA) regarding additional cleaning requirements that may be necessary. 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 COE ER 1110-1-5 and attachments. The Contractor agrees to assure compliance with this obligation by all subcontractors.

3.1.2.2 Protection of Landscape

Trees and their roots, shrubs, vines, grasses, land forms, and other landscape features shall be clearly identified and protected by fencing or any other approved techniques. Protection of trees shall be as illustrated in the Tree Protection Plan Detail on the web site indicated in the paragraph CONSTRUCTION FORMS AND DETAILS below. Tree protection fencing shall be placed before excavation or grading is begun and maintained in place until construction is complete. Branches of protected trees, if required, shall be removed to clear for construction and pruning shall subsequently be performed to restore the natural shape of the entire tree. Branches or roots, if required, shall be cut with sharp pruning instruments and not broken or chopped. Protected trees shall be fertilized to compensate for root loss with 6-6-6 as per manufacturer's application direction. Any damage to tree crowns or roots shall be repaired promptly after damage occurs.

a. Trench or Bore Under Trees: Where trenching for utilities is required within tree driplines, the Contractor shall hand dig under and around roots or bore under them. The Contractor shall protect roots from drying and cover exposed roots within an hour as specified in subparagraph "Excavation for Structures" below. No lateral roots which interfere with new construction shall be cut. Boring is permitted.

b. Excavation for Structures: Where excavating for new construction is required within tree drip lines, the Contractor shall hand excavate to minimize damage to root systems. The Contractor shall use narrow tine pitchforks and comb soil to expose roots. The Contractor shall relocate roots in backfill areas. If large, main lateral roots are encountered that are exposed beyond the excavation

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limits, the Contractor shall bend and relocate these roots without breaking or girdling. If roots are encountered immediately adjacent to new construction such that relocation is not practical, the Contractor shall saw roots approximately 3" back from the new construction, seal with tree wound dressing, and protect any exposed embankment of roots from drying by covering with straw and black plastic. The Contractor shall irrigate affected areas daily until final grade conditions are established and the exposed roots are backfilled properly for continued plant growth.

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

3.1.2.2.1 Red Bay Tree

There is the potential for the presence of the red bay tree (Persea borbonia) within and/or adjacent to the proposed access roads and ramps for this contract. A survey was completed by USACE staff on 29 October 2013 in which red bay trees were not observed within the proposed access road footprints. The red bay tree is a culturally significant plant within the Seminole Tribe. A survey shall be completed prior to construction of the access roads and ramps to the site to ensure the absence of the red bay tree. If red bay trees are discovered, the Contractor shall contact the Contracting Officer prior to removal of trees to allow for coordination with the Seminole Tribe.

3.1.2.3 Unprotected Erodible Soils

Earthwork brought to final grade shall be finished as indicated. Side slopes and back slopes shall be protected as soon as practicable upon completion of rough grading. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils. Except in instances where the constructed feature obscures borrow areas, quarries, and waste material areas, these areas shall not initially be totally cleared. Clearing of such areas shall progress in reasonably sized increments as needed to use the areas developed as approved by the Contracting Officer.

3.1.2.4 Disturbed Areas

The Contractor shall effectively prevent erosion and control sedimentation through approved methods including, but not limited to, the following:

a. Retardation and Control of Runoff: Runoff from the construction site or from storms shall be controlled, retarded, and diverted to protected drainage courses by means of diversion ditches, benches, and by any measures required by area wide plans approved under paragraph 208 of the Clean Water Act.

b. Erosion and Sedimentation Control Devices: The Contractor shall construct or install temporary and permanent erosion and sedimentation control features as directed by the Contracting Officer. Temporary velocity dissipation devices shall be placed along drainage courses so as to provide for non-erosive flows. Temporary erosion and sediment

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control measures such as berms, dikes, drains, sediment traps, sedimentation basins, grassing, mulching, baled hay or straw, and silt fences shall be maintained until permanent drainage and erosion control facilities are completed and operative. For silt fences, the filter fabric is to be of nylon, polyester, propylene, or ethylene yarn of at least 50 lb/in strength and able to withstand a flow rate of at least 0.3 gal/ft sq/minute. The fabric should contain ultraviolet ray inhibitors and stabilizers and be a minimum of 36 inches in width. The toe of the fence shall be buried at least 8 inches deep to prevent undercutting and shall be secured to posts by suitable staples, tie wire, or hog rings. Posts shall have a cross section of at least 2"x4" softwood or 1.5"x1.5" hardwood, and a minimum length of 4 feet. Fence shall be overlapped to the next post if fabric joints are necessary.

c. Sediment Basins: Sediment from construction areas shall be trapped in temporary or permanent sediment basins. The basins shall accommodate the runoff of a local 24-hour storm. After each storm, the basins shall be pumped dry and accumulated sediment shall be removed as necessary to maintain basin effectiveness. Overflow shall be controlled by paved weir or by vertical overflow pipe, draining from the surface. The collected topsoil sediment shall be reused for fill on the construction site, and/or conserved (stockpiled) for use at another site(s). The Contractor shall institute effluent quality monitoring programs as required by State and local environmental agencies.

3.1.2.5 Contractor Facilities and Other Work Areas

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

3.1.2.6 Solid Wastes

Solid wastes (excluding clearing debris) shall be placed in containers which are emptied on a regular schedule. Solid wastes shall not be stored for longer than 30 days on-site (see DEP ERP permit conditions). All handling and disposal shall be conducted to prevent contamination. Solid waste materials shall be hauled to an approved solid waste disposal site designated by the Contracting Officer. The Contractor shall comply with Federal, State, and local regulations pertaining to the use of the solid waste disposal site.

3.1.2.7 Fuel, Oil, and Lubricants

Fuel, oil, and lubricants shall be managed so as to prevent spills and

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evaporation. To prevent spills, fuel dispensers shall have a 4-foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, the Contractor shall immediately recover the contaminated ground and dispose of it offsite in an approved area. Petroleum waste generated shall be stored in marked corrosion-resistant containers and recycled or disposed of in accordance with 40 CFR 279, State, and local regulations.

3.1.2.8 Hazardous Waste

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

3.1.2.9 Hazardous Materials

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

3.1.3 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. One law, in particular, can be potentially involved with construction activities: (1) the National Historic Preservation Act, as amended.

3.1.3.2 Known Resources

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

3.1.3.3 Inadvertent Discoveries

If, during construction activities, the Contractor observes items that may have historic or archeological origin, such observations shall be reported immediately to the Contracting Officer so that the appropriate Corps staff may be notified and a determination for what, if any, additional action is needed. Examples of historic, archeological and cultural resources are bones, human remains, artifacts, shell, midden, modified rocks or coral, constructed features, and charcoal or other deposits. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from further removing, or otherwise damaging, such resources.

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Once reported, the Corps staff will initiate coordination with the appropriate federal, tribal and state agencies to determine if archaeological investigation is required. Additional work in the area of the discovery will be suspended at the site until all federal and state regulations have been successfully completed and the Corps staff members provide further directive. Project activities in the vicinity of the discovery may not resume until the Contracting Officer approves work to proceed. No interview or other contact with the media shall occur without clear authorization from the Contracting Officer.

3.1.3.4 Claims for Downtime due to Inadvertent Discoveries

Upon discovery and subsequent reporting of a possible inadvertent discovery of cultural resources, the Contractor shall seek to continue work well away from, or otherwise protectively avoiding, the area of interest, or in some other manner that strives to continue productive activities in keeping with the contract. Should an inadvertent discovery be of the nature that substantial impact(s) to the work schedule are evident, such delays shall be coordinated with the Contracting Officer. Contract adjustments resulting from compliance with this paragraph shall be determined in accordance with Clause DIFFERING SITE CONDITIONS of Section 00700 CONTRACT CLAUSES in Volume 1.

3.1.3.5 Protection of Trees Significant to Seminole Brighton Reservation

The red bay tree is a culturally significant plant within the Seminole Brighton Reservation near the Harney Pond (HP) culverts. Follow the procedures indicated in subparagraph "Red Bay Tree" above prior to construction.

3.1.4 Protection of Water Resources

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

3.1.4.1 Washing and Curing Water

Waste waters directly derived from construction activities shall not be allowed to enter water areas. These waste waters shall be collected and placed in retention ponds where suspended materials can be settled out or the water evaporates so that pollutants are separated from the water. Analysis shall be performed and results reviewed and approved by Corps staff before water in retention ponds is discharged.

3.1.4.2 Stream Crossings

Stream crossings shall be controlled during construction. Crossings shall provide movement of materials or equipment without violating water

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pollution control standards of the Federal, State, or local government.

3.1.4.3 Monitoring of Water Areas

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

3.1.4.4 Turbidity

See Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING

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

The Contractor shall prevent oil, fuel, or other hazardous substances from entering the air, ground, drainage, local bodies of water, or wetlands. This shall be accomplished by design and procedural controls. In the event that a spill occurs despite the design and procedural controls, the following shall occur:

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

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

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

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

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

a. Spill Preventive Systems: System design and installation requirements have been discussed at the beginning of this Section. Temporary or portable tanks shall conform to applicable Federal, State, and local codes and requirements and shall not be placed where they may be affected by storm, flooding, or washout. Diversionary structures for spills shall be put in place in advance where practical. Both spill preventive systems and any deviations from associated requirements must be approved by the Contracting Officer prior to implementation.

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

3.1.5 Protection of Fish and Wildlife Resources

The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention

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along with measures for their protection shall be listed in the Contractor's Environmental Protection Plan prior to the beginning of construction operation.

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

Order of Contact of Corps Personnel

Telephone Number Title Work Hours After Hours

Corps, Inspector On site Lodging LocationArea Engineer, South Florida Area Office (CESAJ-CD-W) 561-626-8143 *Chief, Environmental Branch Planning Division (CESAJ-PD-E) 904-232-1665 *Chief, Construction Division (CESAJ-CD) 904-232-1118 *

* Telephone numbers will be provided in the Preconstruciton Conference.

3.1.5.1 Endangered Species Protection

The Contractor shall instruct all personnel associated with the project of the potential presence of West Indian (Florida) Manatee, Eastern Indigo Snakes, Bald Eagles, Gopher Tortoise, Snail Kite, Caracara, Florida Bonneted Bat, Wood Stork, Burrowing Owls and Okeechobee Gourd plants in the area, and the need to avoid collisions with and harming these animals and plants. The Contractor shall be held responsible for any of the above mentioned animals and plants harmed, harassed, or killed as a result of construction activities. In the event that a threatened or endangered species is harmed as a result of construction activities, the Contractor shall cease work and notify the Contracting Officer.

a. The Contractor shall conduct preconstruction surveys for protected species, making note of suitable nesting habitat with and adjacent to the project work limits, prior to the start of construction activities.

b. There are many trees (such as cypress and palms) within and adjacent to the project work limits that may provide suitable nesting habitat for protected species. In addition, nesting platforms could be present within the project work limits.

3.1.5.2 Report Submission

The Contractor shall maintain a log detailing all incidents, including sightings, collisions with, injuries, or killing of Manatees, Eastern Indigo Snakes, Burrowing Owls, Gopher Tortoise, Snail Kite, Caracara, Wood Stork, Bald Eagles and Okeechobee Gourd occurring during the contract period. The data shall be recorded on forms provided by the Contracting Officer (sample forms are on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below). All data in original form shall be forwarded directly to Chief, Environmental Branch, P. O. Box 4970, Jacksonville, Florida, 32232-0019, within 10 days of collection and copies of the data shall be supplied to the Contracting Officer. Following

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project completion, a report summarizing the above incidents and sightings shall be submitted to the following:

Florida Fish and Wildlife Conservation Commission Imperiled Species Management Section 620 South Meridian Street, Mail Stop 6A Tallahassee, Florida 32399-1600

Chief, Environmental Branch U.S. Army Corps of Engineers (CESAJ-PD-E) P.O. Box 4970 Jacksonville, Florida 32232-0019

Area Engineer, South Florida Area Office U.S Army Corps of Engineers (CESAJ-CD-W) 4400 PGA Boulevard, Suite 203 Palm Beach Gardens, Florida 33410

U.S. Fish and Wildlife Service 1339 20th Street Vero Beach, Florida 32960-3559

3.1.5.3 Protection of Migratory Bird Species

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to migratory birds and their nests. All construction personnel shall be advised that migratory birds are protected by the Florida Endangered and Threatened Species Act of 1977, Title XXVIII, Chapter 372.072, and the U.S. Fish and Wildlife Service pursuant to the Migratory Bird Treaty Act of 1918 and the Endangered Species Act of 1973, as amended. The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor shall conduct preconstruction surveys for protected species, making note of suitable nesting habitat within and adjacent to the project work limits, prior to the start of construction activities.

a. Monitoring of Construction Area: In order to meet these responsibilities, the Contractor shall conduct monitoring of the construction area beginning 1 April through 31 August, if construction activities occur during that period. Daily monitoring using the Daily Bird Monitoring Report shall be conducted during the dawn or dusk time frames by a bird monitor approved by the Contracting Officer. (Caution shall be taken by the monitor to avoid disturbance to the nesting birds.) The Contractor shall maintain a daily log detailing monitoring and nesting activity (not all bird species are listed). Sample monitoring report and qualification sheet are on the web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below. Within 30 days after completion of construction, a summary of monitoring shall be submitted to the Corps detailing nesting and nesting success/failure including species, number of nests created, location, number of eggs, number of offspring generated during the project and reasons for nesting success or failure, if known.

b. Nesting Activity Notification: Any nesting activity observed by the Contractor shall be reported immediately to the Contracting Officer who shall have sole authority for any work stoppages, creation of the buffer area, or restart of construction activities. In addition, notify the personnel indicated in the table "Order of

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Contact of Corps Personnel" above, and FWC Regional Director at (561) 625-5122.

c. Presence/Absence Survey: At least 3 visits must be made to each site during April-July. A 6-minute point count (variable circular plot) should be conducted between sunrise and 3 hours after or 1 hour prior to sunset. If breeding birds are encountered, nests shall be located and observed without disturbance to the nesting activity. Nests shall be marked and visited every 3-5 days to determine fate.

d. Nesting Within Construction Area:

(1) Should nesting begin within the construction area, a temporary, 200-foot buffer shall be created around the nests and marked to avoid entry (the Contracting Officer will provide signs). The area shall be left undisturbed until nesting is completed or terminated, and the chicks fledge. The decision to allow construction in a former nesting site will be determined by the Contracting Officer in consultation with the U.S. Fish and Wildlife Service and the FF&WCC. Access to the nesting sites by humans (except limited access when accompanied by the bird monitor or Contracting Officer), equipment or pets under control of the Contractor is prohibited.

(2) If nesting occurs within the construction area, a bulletin board shall be placed and maintained by the Contractor in the contracting shed with the location map of the construction site showing the bird nesting areas and a warning, clearly visible, stating that "BIRD NESTING AREAS ARE PROTECTED BY THE FLORIDA THREATENED AND ENDANGERED SPECIES ACT AND THE FEDERAL MIGRATORY BIRD TREATY ACT".

(3) Birds will find the top of the dike or the flat interior desirable nesting habitat. If construction activity ceases for any period of time, nesting may occur before work can resume. Any stoppage of activity could induce nesting, subsequently, construction could be altered or stopped to avoid impacting the birds. Areas which are potentially suitable for nesting can be altered to make the area undesirable. One approved method is the placement of stakes at 10- to 15-foot intervals and tie flagging between the stakes in a web fashion. This may dissuade bird nesting until construction can be resumed. In addition, the disposal area basin can be flooded prior to the beginning of nesting season to the elevation required for displacement from the disposal of dredged material in order to make the basin undesirable for bird nesting.

(4) Nesting platforms are present within, and adjacent to, the project work limits. Osprey and other protected species have nested on these platforms historically. In addition, there are many trees protected (such as cypress and palms) within the project work limits that may provide suitable nesting habitat for protected species. If an inactive bird nest is present within the project work limits, the Contractor may apply for a nest removal permit from FFWCC at http://myfwc.com/license/wildlife/#nest removal to remove the inactive nest to prevent impacts to construction. If the Contractor removes any nesting platform(s), the Contractor shall replace the platform(s) prior to completion of work.

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e. Bird Monitoring Qualifications: The Contractor's Environmental Protection Plan shall contain the qualifications of the bird monitor and the steps to be taken to construct the project in such a manner as not to impact migratory birds or induce their nesting. The qualifications of the bird monitor are a demonstrated ability to identify bird species, general and nesting behavior characteristics, nests and eggs, and a knowledge of habitat requirements. In addition, references must be provided to verify non-educational experience. The qualifications shall be submitted on the Bird Monitoring Qualification Sheet.

f. Work Delay: Delays in work due to the fault of negligence of the Contractor or the Contractor's failure to comply with this specification shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of compliance with this section shall be made in accordance with the Clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES in Volume 1.

3.1.5.4 Bald Eagle ( Haliaeetus leucocephalus)

A survey for bald eagles' nests shall be conducted prior to any construction activities. A preliminary survey has been conducted by the Government.

a. A 660-foot no activity buffer zone shall be maintained around the nest under the following conditions: (a) building construction at any height, and (b) where the project footprint is any size, and (c) the activity will be visible from the nest, and (d) if there is no similar activity within 1 mile of the nest.

(1) If there is existing tolerated activity for similar scope closer than 1 mile from the nest, the buffer zone may be adjusted to the same distance as that activity or structure occurs within the 660 feet.

b. A 330-foot no activity buffer zone shall be maintained around the nest under the following conditions: (a) building construction of any height, and (b) project footprint is 0.5 acre or less, and (c) the activity will not be visible from the nest, and (d) there is no similar activity within 1 mile of the nest.

(1) If there is existing tolerated activity of similar scope closer than 1 mile from the nest, the buffer zone may be adjusted to the same distance as that activity or structure occurs within the 330 feet for any project footprint larger than 0.5 acre.

c. If bald eagles nest within 660 feet of a construction zone, the Contractor shall be required to obtain the applicable disturbance permits from USFWS and FF&WCC.

The Service and FWC recommend biological monitoring of the nesting territory if new development, specifically residential, commercial, and /or industrial construction, is proposed to occur within 660 feet of the nest tree during the nesting season (October 1-May 15, Service 1987). If work will occur during nesting season, the Contractor shall obtain a take permit under the Bald & Golden Eagle Protection Act from USFWS. In addition, the Contractor shall obtain a disturbance permit from FFWCC. If

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the hatchlings fledge prior to the May 15 date, activity within the 660 foot buffer would be allowed. There are limited exceptions where individual construction projects may be granted closer access to nests; this will be determined by USFWS Florida Ecological Field Offices (FEFO) staff. In the event that construction within the interior of the buffer is unavoidable within nesting season, the Bald Eagle Monitor Guidelines, September, 2006, will be implemented accordingly.

3.1.5.5 Protection of The Florida Burrowing Owl ( Athene cunicularia floridana)

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to burrowing owls and their nests. All construction personnel shall be advised that burrowing owls are protected by the U.S. Fish and Wildlife Service under the Federal Migratory Bird Treaty Act. Burrowing owls are listed as a Species of Special Concern by the State of Florida, and therefore it is illegal to take (pursue, hunt, capture, molest, or kill) them and their nest burrows or eggs without a permit issued by the Executive Director of the Commission. The Contractor may be held responsible for harming or harassing the birds, their eggs, or their nests as a result of the construction.

a. Monitoring of Construction Area: In order to meet these responsibilities, the Contractor shall conduct monitoring of the construction area beginning 15 February through 10 July, if construction activities occur during that period. Daily monitoring using the Daily Bird Monitoring Report shall be conducted during the dawn or dusk time frames by a bird monitor approved by the Contracting Officer. Caution shall be taken by the monitor to avoid disturbance to the nesting birds. The Contractor shall maintain a daily log detailing monitoring and nesting activity (not all bird species are listed). Sample monitoring report and qualification sheet are on the web site indicated in the paragraph CONSTRUCTION FORMS AND DETAILS below. Within 30 days after completion of construction, a summary of monitoring shall be submitted to the Corps detailing nesting and nesting success/failure including species, number of nests created, location, number of eggs, number of offspring generated during the project and reasons for nesting success or failure, if known.

b. Nesting Within Construction Area:

(1) Should nesting begin within the construction area, a temporary, 150-foot buffer shall be created around the nests and marked to avoid entry (the Contracting Officer will provide signs). The area shall be left undisturbed until nesting is completed or terminated, and the chicks fledge. The decision to allow construction in a former nesting site will be determined by the Contracting Officer in consultation with the U.S. Fish and Wildlife Conservation Commission. Access to the nesting sites by humans (except limited access when accompanied by the bird monitor or Contracting Officer), equipment or pets under control of the Contractor is prohibited.

(2) If a temporary buffer is infeasible, a take permit can be requested by submitting an application packet to the Protected Species Permit Coordinator, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Mail Station WLD-BLX, Tallahassee, FL

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32399-1600, (850) 921-5990, ext 17310.

c. Bird Monitoring Qualifications: The Contractor's Environmental Protection Plan shall contain the qualifications of the bird monitor and steps to be taken to construct the project in such a manner as not to impact migratory birds or induce their nesting. The qualifications of the bird monitor are a demonstrated ability to identify bird species, general and nesting behavior characteristics, nests and eggs, and a knowledge of habitat requirements. In addition, references must be provided to verify non-educational experience.

d. Work Delay: Delays in work due to the fault or negligence of the Contractor or the Contractor's failure to comply with this specification shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of compliance with this section shall be made in accordance with the Clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES.

3.1.5.6 Protection of Everglade Snail Kite ( Rostrhamus sociabilis plumbeus)

No activities will be conducted within 1,640 feet of Everglade snail kite nests during the breeding season (January through June) or around roosting sites throughout the year. If the snail kite is documented on site, project activities shall be modified to not disturb the birds. If project activities in snail kite habitat during this breeding season are unavoidable, then a knowledgeable site monitor will be used to determine when activities are disturbing the birds. Project activities will cease if the snail kites are disturbed, and the Contracting Officer and Environmental Branch Chief shall be contacted. If disturbance is expected then an incidental take permit is needed, and shall be acquired by the Contractor.

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to Everglade snail kites and their nests. All construction personnel shall be advised that Everglade snail kites are protected by the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act of 1973, as amended (87 Stat. 884: 16 U.S.C. 1531 et seq.). Speed limits are limited to 30 to 35 mph where traffic is not common (behind gates) during the day. At dawn and dusk, speed limits will be limited from 15-25 mph where traffic is not common (behind gates). The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor must follow the Terms and Conditions outlined by U.S. Fish and Wildlife Service as outlined in the Project Concurrence Letter. Requirements include:

a. Monitoring of Construction Area. In order to meet these responsibilities, the Contractor shall conduct monitoring within 1,640 feet of the construction area January through June, and immediately prior to construction. Surveys will follow the appropriate procedures outlined in the Management Guidelines for Everglade snail kites from the USFWS.

b. Survey. Pre-nesting surveys shall be conducted between sunrise and about 1100 hours or between about 1600 hours and sunset. At least one pre-nesting survey shall be conducted weekly beginning December 1. Pre-nesting surveys shall cover an area at least 1,640 feet surrounding all project activities, which include but might not be limited to access roads, channels, or other routes; equipment storage

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facilities; and construction sites.

c. Monitoring. A knowledgeable biologist will monitor active snail kite nests during all project activities within 1,640 feet of active snail kite nests. Nest monitors will record snail kite and project activities sufficiently to observe if/when project activities disturb snail kites. Snail kite disturbance behaviors include, but might not be limited to, responsive movement, agitation, or flushing. If disturbance behaviors are observed, project activities shall cease. The nest monitors shall report disturbance behaviors to the Corps, who in consultation with the USFWS will determine which activities are allowed to resume.

d. Project Modifications. If the nesting snail kites are documented, project activities shall be modified to avoid disturbance. No activities shall be conducted within 425 feet of the nests during breeding season or around roosting sites throughout the year. Disturbance will be avoided within a 425-foot zone established around active nests. Habitat disturbances, such as anthropogenic water level changes and vegetative alterations shall be avoided within a 1,640-foot area surrounding active nests during the breeding season (January to June).

e. Injured or Dead Snail Kite. If a dead, injured, or sick snail kite is found in the project footprint or along access roads to the project site, notification shall be made to the Contracting Officer and Chief of the Environmental Branch in the Jacksonville District Office, and to U.S. Fish and Wildlife Service Law Enforcement Office Robert Register, Special Agent, 1339 20th Street, Vero Beach, Florida 32960; 772-562-3909, extension 224. Notification shall also be made to the Florida Fish and Wildlife Conservation Commission, South Region, 3900 Drane Field Road, Lakeland, FL 33811, Wildlife Alert Number 1-800-404-3922. A dead specimen shall be bagged and frozen. In conjunction with the care of sick or injured snail kite or preservation of biological material from a dead animal, the finder also has the responsibility to carry out instructions provided by the U.S. Fish and Wildlife Service Law Enforcement office to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.

3.1.5.7 Protection of Wood Stork ( Mycteria americana)

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to wood storks and their nests. Speed limits are limited to 30 to 35 mph where traffic is not common (behind gates) during the day. At dawn and dusk, speed limits will be limited from 15-25 mph where traffic is not common (behind gates). All construction personnel shall be advised that wood storks are protected by the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act of 1973, as amended. The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor must follow the Terms and Conditions outlined by the U.S. Fish and Wildlife Service as outlined in the Project Concurrence Letter. Requirements include:

a. Monitoring of Construction Area. In order to meet these responsibilities, the Contractor shall conduct monitoring within 1,000-1,500 feet of the construction area January through June, and immediately prior to construction. Surveys shall follow the appropriate procedures outlined in the wood stork Habitat Management

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Guidelines from the USFWS.

b. Survey. Surveys shall be conducted between sunrise and about 1100 hours or between about 1600 hours and sunset. Wood storks are most actively nest building, foraging, or feeding young between sunrise and about 1100 hours, and again between about 1600 hours and sunset. Wood storks are rarely active during the heat of midday, especially in the summer months.

c. Monitoring. A knowledgeable biologist shall monitor active wood stork nests during all project activities within 1,000 feet of active wood stork nests. Nest monitors will record snail kite and project activities sufficiently to observe if/when project activities disturb wood storks. Wood stork disturbance behaviors include but might not be limited to responsive movement, agitation, or flushing. If disturbance behaviors are observed, project activities shall cease. The nest monitors shall report disturbance behaviors to the Corps, who in consultation with the USFWS will determine which activities are allowed to resume.

d. Project Modifications. If the nesting wood storks are documented, project activities shall be modified to avoid disturbance. No activities shall be conducted within 1,000 feet of the nests during breeding season or around roosting sites throughout the year. Disturbance will be avoided within a 1,000-foot zone established around active nests. Habitat disturbances, such as anthropogenic water level changes and vegetative alterations shall be avoided within a 1,500-foot area surrounding active nests during the breeding season (January to June).

e. Injured or Dead Wood Stork. If a dead, injured, or sick wood stork is found in the project footprint or along access roads to the project site, notification shall be made to the Contracting Officer and Chief of the Environmental Branch in the Jacksonville District Office, and to the U.S. Fish and Wildlife Service Law Enforcement Office Robert Register, Special Agent, 1339 20th Street, Vero Beach, Florida 32960, 772-562-3909, extension 224. Notification shall also be made to the Florida Fish and Wildlife Conservation Commission, South Region, 3900 Drane Field Road, Lakeland, Florida 33811, Wildlife Alert Number 1-800-404-3922. A dead specimen shall be bagged and frozen. In conjunction with the care of sick or injured wood stork or preservation of biological material from a dead animal, the finder also has the responsibility to carry out instructions provided by the U.S. Fish and Wildlife Service Law Enforcement office to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.

3.1.5.8 Protection of Audubon's Crested Caracara ( Polyborus plancus audubonii)

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to caracara and their nests. Speed limits are limited to 30 to 35 mph where traffic is not common (behind gates) during the day. At dawn and dusk, speed limits shall be limited from 15-25 mph where traffic is not common (behind gates). All construction personnel shall be advised that caracara are protected by the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act of 1973, as amended. The Contractor may be held responsible for harming or harassing the birds, their eggs or their nests as a result of the construction. The Contractor must follow the Terms and Conditions

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outlined by U.S. Fish and Wildlife Service as outlined in the Project Concurrence Letter. Requirements include:

a. Monitoring of Construction Area. In order to meet these responsibilities, the Contractor shall conduct monitoring within 985-4,920 feet of the construction area between January and April, and immediately prior to construction. Surveys shall follow the appropriate procedures outlined in the Survey Protocol for caracara Territories from the USFWS.

b. Surveys are best conducted early in the morning or late in the afternoon. Caracaras are most actively nest building, foraging, or feeding young between sunrise and about 1100 hours, and again between about 1600 hours and sunset. Caracaras are rarely active during the heat of midday, especially in the summer months.

c. Monitoring. A knowledgeable biologist will monitor active caracara nests during all project activities within 985 feet of active caracara nests. Nest monitors will record caracara and project activities sufficiently to observe if/when project activities disturb caracara. Caracara disturbance behaviors include, but might not be limited to responsive movement, agitation, or flushing. If disturbance behaviors are observed, project activities shall cease. The nest monitors shall report disturbance behaviors to the Corps, who in consultation with the USFWS shall determine which activities are allowed to resume.

d. Project modifications. If nesting caracaras are documented, project activities shall be modified to avoid disturbance. No activities shall be conducted within 985 feet of the nests during breeding season or around roosting sites throughout the year. Disturbance shall be avoided within a 985-foot zone established around active nests. Habitat disturbance, such as anthropogenic water level changes and vegetative alterations, shall be avoided within a 4,920-foot area surrounding active nests during the breeding season (January to June).

e. Injured or Dead Caracara. If a dead, injured, or sick caracara is found in the project footprint or along access roads to the project site, notification should be made to the Contracting Officer and Chief of the Environmental Branch in the Jacksonville District Office, and to U.S. Fish and Wildlife Service Law Enforcement Office Robert Register, Special Agent, 1339 20th Street, Vero Beach, Florida 32960; 772-562-3909, extension 224. Notification should also be made to the Florida Fish and Wildlife Conservation Commission; South Region; 3900 Drane Field Road; Lakeland, Fl 33811; Wildlife Alert Number 1-800-404-3922. A dead specimen should be bagged and frozen. In conjunction with the care of sick or injured caracara or preservation of biological material from a dead animal, the finder also has the responsibility to carry out instructions provided by the U.S. Fish and Wildlife Service Law Enforcement officer to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.

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

The Contractor shall keep construction activities under surveillance, management, and control to prevent impacts to GTs and their burrows. All construction personnel shall be advised that GTs are listed by the State

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of Florida as a Species of Special Concern and protected by the FAC, Chapter 39027.002(4). The Contractor may be held responsible for taking, harming, or harassing the tortoises, their eggs or their burrows as a result of the construction. The destruction of GT burrows constitutes taking under this law except as authorized by specific permit.

a. General. In order to meet these responsibilities, the Contractor shall conduct GT surveys prior to the beginning of construction activities. The surveys shall be conducted by a qualified GT biologist. A list of qualified individuals may be obtained from the FF&WCC. The Contractor shall stay at least 25 feet from entrances of individual burrows.

b. State Permit Applications. Pursuant to the requirements of Rules 68-25.002 and 68-27.002 of the Wildlife Code of the State of Florida (Title 68A, FAC), a permit for a GT capture/relocation release project must be secured from the FF&WCC prior to initiating any relocation work. Applications shall be submitted at least 30 days prior to the time needed from Office of Environmental Services, Division of Wildlife, Florida Fish and Wildlife Conservation Commission, 620 S Meridian Street, Tallahassee, Florida 32399-1600, ATTN: Mr. Rick McCann, Endangered Species Coordinator, telephone 850-488-6661. Permits to capture and release GTs on site will be issued by regional Division of Wildlife or Office of Environmental Services personnel based on telephone requests (field verifications may be conducted by FF&WCC personnel if deemed necessary).

c. Application Information. The application will contain, but not be limited to, aerial photography of the donor and recipient sites, a detailed map showing the location of the active and inactive burrow sites, the location and number of acres of GT habitat, the carrying capacity of the recipient site and any management plans for the recipient site.

d. Applicant Qualifications. Applicants for relocation permits shall be suitably trained or experienced in such work. Copies of applicant credentials demonstrating such shall be appended to applications. A list of qualified individuals may be obtained from the FF&WCC.

3.1.5.10 Protection of Eastern Indigo Snake ( Drymachon couperi)

a. Monitoring of Construction Area: The Contractor shall coordinate with the Jacksonville District Corps of Engineers, Environmental Branch, South Florida Section (CESAJ-PD-ES) and the U.S. Fish and Wildlife Service's (FWS) South Florida Field Office during the establishment and implementation of an indigo snake protection/education plan.

b. Qualified Observer: A qualified observer shall be present on site to watch for indigo snakes during all construction phases, including clearing phases of the project. The name(s) and qualifications of the proposed observer shall be submitted to the Contracting Officer for approval. The information submitted should indicate what experience the individual has that would qualify the person to act as an indigo snake observer.

c. Indigo Snake Protection/Education Plan: An indigo snake protection/education plan shall be developed for all construction crews to follow. The plan shall be provided to the Contracting

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Officer for review and approval at least 30 days prior to any construction or clearing activities. The educational materials for the plan could consist of a combination of posters or videos, pamphlets, and lectures and should include the following information:

(1) Description of the indigo snake, its habits, and protection under Federal Law;

(2) Instructions not to injure, harm, harass or kill this species;

(3) Directions to notify the qualified observer(s) if an indigo snake is sighted;

(4) Directions to cease construction activity, notify the qualified observer, and allow the indigo snake sufficient time to move away from the site on its own before resuming construction (only a qualified individual, who has been either authorized by a Section 10(a)(1)(A) permit issued by the FWS, or designated as an agent of the State of Florida by the FF&WCC for such activities, is permitted to come in contact with an indigo snake);

(5) Telephone numbers of pertinent agencies to be contacted if a dead indigo snake is encountered; and,

(6) Instructions that, if necessary, indigo snakes shall be held in captivity only long enough to transport them to a release site; at no time shall two snakes be kept in the same container during transportation.

3.1.5.11 Protection of the West Indian (Florida) Manatee ( Trichechus manatus latirostris)

a. Civil and Criminal Penalties: All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. The Contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities.

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

c. Vessel/Boat Operation: All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in waters where the draft of the vessel provides less than a four-foot clearance from the bottom, and vessels shall follow routes of deep water whenever possible. Boats used to transport personnel shall be shallow-draft vessels, preferably of the light-displacement category, where navigational safety permits. Mooring bumpers shall be placed on all barges, tugs, and similar large vessels wherever and whenever there is a potential for manatees to be crushed between two moored vessels. The bumpers shall provide a minimum stand-off distance of 4 feet.

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d. Prior to construction, measures to prevent manatees from accessing the canal system must be in place and remain throughout project completion. In the event a Florida manatee becomes stranded or entrapped in the enclosed canal system, the FWC shall be notified by calling the Hotline at 1-888-404-3922, and by email to [email protected] to initiate rescue or recovery. The permittee shall initiate any corrective actions that may be needed as approved and coordinated with the FWC/ISM as soon as practical.

e. Manatee Sighting: If a manatee(s) is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the Contractor to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. If a manatee is closer than 50 feet to moving equipment or the project area, the equipment shall be shut down and all construction activities shall cease within the waterway to ensure protection of the manatee. Construction activities shall not resume until the manatee has departed the project area. If construction activity shall cease, notify the Contracting Officer.

f. Manatee Signs: Prior to commencement of construction, each vessel involved in construction activities shall display at the vessel control station or in a prominent location, visible to all employees operating the vessel, a temporary sign at least 8-1/2" x 11" reading, "CAUTION: MANATEE HABITAT/IDLE SPEED IS REQUIRED IN CONSTRUCTION AREA." In the absence of a vessel, a temporary 3' x 4' sign reading "CAUTION: MANATEE AREA" will be posted adjacent to the issued construction permit. A second temporary sign measuring 8-1/2" x 11" reading "CAUTION: MANATEE HABITAT. EQUIPMENT MUST BE SHUTDOWN IMMEDIATELY IF A MANATEE COMES WITHIN 50 FEET OF OPERATION" shall be posted at the dredge operator control station and at a location prominently adjacent to the issued construction permit. The Contractor shall remove the signs upon completion of construction. Sample Manatee Caution Signs are on the first web site indicated in paragraph CONSTRUCTION FORMS AND DETAILS below.

g. Manatee Sighting Reports: Any collisions with a manatee or sighting of any injured or incapacitated manatee shall be reported immediately to the Corps of Engineers by notifying the personnel indicated in the table "Order of Contact of Corps Personnel" above. The Contractor shall also immediately report any collision with and/or injury to a manatee to the Florida Wildlife Conservation Commission "Manatee Hotline" 1-888-404-FWCC (3922) as well as the U.S. Fish and Wildlife Service, Vero Beach Field Office at 772-562-3909 for South Florida.

3.1.5.12 Okeechobee Gourd Protection Measures ( Cucurbita okeechobeensis ssp. okeechobeensis)

The Contractor shall be aware of the potential presence of the Okeechobee Gourd. A qualified botanist shall survey and flag the location of the Okeechobee Gourd within the construction area prior to commencement of construction activities. If the gourd is found, the Contracting Officer's Representative and the U.S. Fish and Wildlife Service shall be notified for management measures.

3.1.5.13 Protection of Florida Bonneted Bat (FBB) Populations

Before construction or any development begins the FBBs will be surveyed by

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the Construction Contractor within the project footprint following USFWS survey protocol (attachment) to identify potential roosts and if they are occupied. Because of the difficulty in detecting this species, negative survey results will not equate to species absence. The results of the surveys will provide information that can help guide the consultation process and appropriate conservation measures. This protocol is designed to be implemented prior to potential impacts from construction or development projects. FBB are known to roost in both natural and artificial structures. Potential natural roost structures include tree cavities, caves, rock crevices, and foliage; artificial roost structures include buildings, bridges, and bat houses constructed specifically to attract roosting bats.

FBB roost surveys should be performed by personnel experienced in management and monitoring of bat species and must be approved by USACE Project biologist.

The construction contractor shall keep construction activities under surveillance, management, and control to prevent impacts to FBB and roosts that may establish after construction begins. All construction personnel shall be advised that FBBs are listed by the State of Florida as critically endangered.

The USFWS Protocol for Florida Bonneted Bat Roost Surveys is provided in Attachment.

Contractor shall submit as specified, a compilation of all data and maps prepared during the surveys and all information regarding FBB and FBB roosts.

The following steps shall be followed by the Contractor:

a. General: If any FBB's are encountered during construction activities, the Contractor shall notify the Project Biologist.

b. Taking: If construction work kills FBBs, it will be the Contractor's responsibility to obtain an emergency take permit and pay the fine associated with the permit. If taking occurs, the Contractor shall notify the Project Biologist.

c. Reporting: Any FBB mortality or debilitating injury occurring during construction activities and mobilization are to be reported to:

Order of Contact of Corps Personnel to Report Florida Bonneted Bat Activities

Telephone Number Title Work Hours After Hours

Saxby Anderson, Resident Engineer (CESAJ-CD-WH) 561-762-5319 *Chief, Environmental Branch Planning Division (CESAJ-PD-E) 904-232-2336 *Florida Fish and WildlifeConservation Commission 850-410-0656 *

* Telephone numbers will be provided in the Preconstruciton Conference.

d. Qualifications: The Contractor's Environmental Protection Plan shall contain the steps to be taken to construct the project in such a

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manner as not to impact FBBs.

e. Work Delay: Delays in work due to the fault or negligence of the Contractor or the Contractor's failure to comply with these specifications shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of the compliance with this section shall be made in accordance with the provisions of the clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES.

3.1.6 Protection of Air Resources

The Contractor shall keep construction activities under surveillance, management, and control to minimize pollution of air resources. All activities, equipment, processes and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with the applicable air pollution standards of the State of Florida (Florida Statute, Chapter 403 and others and Chapters 200 series of the FAC) and all Federal emission and performance laws and standards, including the U.S. Environmental Protection Agency's Ambient Air Quality Standards. Information regarding Florida Statutes can be obtained from the following web site: http://www.dep.state.fl.us.

3.1.6.1 Particulates

Particulates, such as dust, shall be controlled at all times, including weekends, holidays, and hours when work is not in progress. The Contractor shall maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and work areas within or outside the project boundaries free from particulates that would cause air pollution standards to be exceeded or that would cause a hazard or nuisance. The Contractor shall have the necessary equipment and approved methods to control particulates as the work proceeds and before a problem develops.

3.1.6.2 Burning

All burning shall be subject to State and local requirements, including requirements for burn permits and bans during certain conditions such as droughts.

3.1.6.3 Odors

Odors shall be controlled at all times for all construction activities.

3.1.7 Protection of Sound Intrusions

The Contractor shall keep construction activities under surveillance and control to minimize damage to the environment by noise.

3.2 POSTCONSTRUCTION CLEANUP

The Contractor shall clean up any area(s) used for construction.

3.3 PRESERVATION AND RESTORATION OF LANDSCAPE AND MARINE VEGETATION DAMAGES

The Contractor shall restore all landscape features and marine vegetation damaged or destroyed during construction operations outside the limits of the approved work areas. Such restoration shall be a part of the

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Environmental Protection Plan as defined in subparagraph "Environmental Protection Plan" of paragraph SUBMITTALS above. This work shall be accomplished at the Contractor's expense.

3.4 INVASIVE AND NUISANCE SPECIES

3.4.1 Prevention of Invasive and Nuisance Species Transfer

The Contractor shall thoroughly clean equipment prior to and following work on the project to ensure that soil, vegetative debris, eggs, mollusk larvae, seeds, and vegetative propagules are not transported from a previous work location to this project site, nor transported from this project site to another location. Decontamination protocols include cleaning all equipment surfaces, including but not limited to, undercarriages, tires, and sheet metal. All equipment, including but not limited to, heavy equipment, vehicles, trailers, ATV's, and chippers must be decontaminated. Smaller equipment, including chainsaws, loppers, shovels, and backpack sprayers, must be cleaned and inspected to ensure they are free of eggs, vegetative debris, and vegetative propagules. The Contractor may utilize any method accepted by the Government; common accepted methods include pressure washing and steam cleaning/washing equipment. Decontamination protocols should also address clothing and personal protective equipment.

Prior to the commencement of work, the Contractor shall complete and provide a nuisance species decontamination plan to the COR/QA for approval. This plan shall be part of the Environmental Protection Plan as defined in subparagraph "Environmental Protection Plan" of paragraph SUBMITTALS above. The decontamination plan shall identify specific decontamination procedures and decontamination sites/locations. Decontamination protocols may vary depending upon the nature of the project site. It will be the responsibility of the COR/QA to inspect all equipment prior to work commencing at the project site, as well as inspecting equipment when it will be transported of the project site. Work delays due to the fault and/or negligence of the Contractor or the Contractor's failure to comply with this specification shall not be compensable. Any adjustments to the contract performance period or price that are required as a result of compliance with this section shall be made in accordance with the Clause SUSPENSION OF WORK of Section 00700 CONTRACT CLAUSES in Volume 1.

3.4.2 Invasive and Nuisance Species Reporting

The Contractor shall report sightings of invasive and nuisance species within 24 hours. The reporting shall include the date, time, location (latitude and longitude preferred), prevailing environmental conditions, circumstances surrounding the sighting, and disposition/behavior of the species. Pictures of the reported species are desirable. Reporting shall be made to the Jacksonville District Corps of Engineers:

Planning Division, Environmental Branch

Operations Division, Invasive Species Management Branch

3.4.3 Monitoring for Exotic, Nuisance, and Invasive Species

Upon removal of the lakeside cofferdam at S-286 (HP-3), the Contractor shall monitor the impact area. Exotic, nuisance, and invasive aquatic plant species shall be removed to allow for natural recruitment of bulrush

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Herbert Hoover Dike Rehabilitation, Structure ReplacementsKI-1 (S-266) and KI-2 (S-265) Reconstruction

and other native emergent aquatic vegetation. Monitoring and removal shall occur for six (6) months or until acceptance of work by the Government, whichever occurs earlier. Upon completion of monitoring, percent cover of exotic, nuisance, and invasive species shall be no greater than the original documented site condition. See subparagraph "Protection of Wetland and/or Emergent Aquatic Vegetation" above.

3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES

The Contractor shall maintain all constructed facilities and pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.6 CONSTRUCTION FORMS AND DETAILS

See the "Construction Forms & Details" module at the following web address: http://www.saj.usace.army.mil/About/Divisions-Offices/Engineering/Design-Branch/Specifications-Section/

-- End of Section --

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SCREEN (TYP)INDUSTRIAL RUBBERSST FRAME WITH

N.T.S.

N.T.S.

SECTION

SCREENINDUSTRIAL RUBBER

LAKESIDE DEBRIS BARRIER DETAIL

NOTES:" DIA. SST EYE BOLT4

3

3/4" SST NUT AND WASHER5"x5"x3/8" SST PLATE,

WIRE ROPE CLIPS (TYP.) TO EYEBOLTS WITH 3, 1/2" DIA.SST

" DIA. SST WIRE ROPE FASTENED21

CONNECTING LINK (TYP)

2'-0"

AND DOWNSTREAM FACES (TYP)DEFLECTOR PLATE, UPSTREAM

HINGE CONNECTION (TYP)

2'-3"

10'-0"

DEBRIS SCREEN (TYP)REFLECTIVE TAPE AND SUSPENDEDORANGE, 10'-0"x16"x14", WITHBARRIER FLOAT,

ALL AROUND (TYP)RETROREFLECTIVE TAPE,COAST GUARD APPROVED3", WHITE, S.O.L.A.S., U.S.

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ALL AROUND (TYP)RETROREFLECTIVE TAPE,COAST GUARD APPROVED3", WHITE, S.O.L.A.S., U.S.

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SHACKLE (TYP.)CONNECTINGSTAINLESS STEEL

LANDSIDE DEBRIS BARRIER DETAIL

SIDE SLOPECHANNEL

SIDE SLOPECHANNEL

UNLESS NOTED OTHERWISE.11. BOLTS, WASHERS AND ALL OTHER STEEL ITEMS SHALL BE STAINLESS STEEL

10. EYE-BOLTS SHALL BE WELDLESS STAINLESS STEEL.

MINIMUM BREAKING STRENGTH OF THE WIRE ROPE. STAINLESS STEEL OF A TYPE AND GRADE AT LEAST EQUAL IN STRENGTH TO THE9. THIMBLES, WIRE ROPE CLAMPS, FASTENERS, AND ACCESSORIES SHALL BE

8. CABLE CLAMPS SHALL BE SUPPLIED AS PER MANUFACTURER'S RECOMMENDATIONS.

LOCATIONS. VARIATION OF WATER STAGES AT THE LAKESIDE AND LANDSIDE7. THE CABLE LENGTH SHALL PROVIDE ADEQUATE SLACK TO ADDRESS THE

CABLE.6. ALL CABLE SHALL BE MINIMUM 1/2 INCH DIAMETER, STAINLESS STEEL WIRE

SECTION 31 62 19.13.5. PROVIDE 16" DIAMETER TREATED PILE THAT CONFORMS TO SPECIFICATION

THAN THE LENGTHS SPECIFIED TO BE BELOW THE CUT-OFF ELEVATIONS. 4. PILES SHALL BE FURNISHED IN LENGTHS AT LEAST ONE FOOT GREATER

AT 2 INCHES O.C. AROUND EDGE TO PROVIDE FOR "HEADING". EDGES AND FASTENED TO SIDE OF PILE WITH 6d STAINLESS STEEL NAILS SHEET METAL, FORMED IN THE FIELD WITH NO SHARP OR PROTRUDING3. THE TOPS OF ALL PILES SHALL BE CAPPED WITH 20 GAUGE STAINLESS STEEL

TO THE TIMBER PILES. OF THE DEBRIS BARRIERS, INCLUDING DETAILS OF THE CONNECTIONS2. CONTRACTOR SHALL SUBMIT FABRICATION AND ERECTION DRAWINGS

RECOMMENDATIONS. FLOATING BARRIERS SHALL BE INSTALLED AS PER MANUFACTURER'S 1. DEBRIS BARRIERS SHALL BE LOCATED AS SHOWN ON DRAWING C-22

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CHANNEL BOTTOM EL. 5.2

EYEBOLT EL. 15.0

CHANNEL BOTTOM EL. 5.2

HIGH W.S. EL. 17.10

NORMAL W.S. EL. 14.72

LOW W.S. EL. 11.40

HIGH W.S. EL. 17.10

NORMAL W.S. EL. 14.72

LOW W.S. EL. 11.40

*ONE SECTION SHALL BE SHORTER TO ACCOMODATE TOTAL LENGTH.

*

*

TOP OF PILE EL. 17.5

TIP EL. -8.5

*ONE SECTION SHALL BE SHORTER TO ACCOMODATE TOTAL LENGTH.

TOP OF PILE EL. 17.5

TIP EL. -8.5

14" DIA. TIMBER PILE

14" DIA. TIMBER PILE

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