Okaloosa County BOCC — July 30, 2015 — I. e. Colleen Marine contract — reading text

other permits and authorizations obtained by the Contractor. The regulations, requirements, and conditions of all Federal, State, and local environmental permits and authorizations, obtained by Owner or Contractor, are considered a part of the contract and shall be complied with by the Contractor and subcontractors. The Contractor shall be responsible for ensuring that all Contractor personnel and subcontractors are all familiar with these and any other applicable permits, including referenced documents, their potential impact on the proposed work, and the measures needed to maintain compliance with these permits and authorizations. The Contractor will be responsible for all fines and fees associated with not obtaining the proper permits or authorizations, not following the permit conditions, and improper documentation or reporting required by regulatory authorities. 4.3 QUALITY CONTROL The Contractor shall establish and maintain quality control for environmental protection for all items set forth herein. The Contractor shall record on Daily Quality Control reports any problems in complying with laws, regulations, ordinances, and project permits and any corrective action taken (See Section 5 for daily reporting requirements). 4.4 ENDANGERED SPECIES PROTECTION The Contractor shall not impact any protected marine species. Construction operations shall be limited to daylight hours only. The Contractor will instruct all personnel associated with the project of the potential presence of protected species (e.g. sea turtles, manatees, gulf sturgeon) in the waters adjacent to the project area, the need to avoid collisions with these protected species, and specific regulatory measures to protect these species. The Contractor and all personnel shall follow all species protection measures required by regulatory authorizations (e.g., Sea Turtle and Smalltooth Sawfish Construction Conditions, Standard Manatee Conditions for In-Water Work, and Vessel Strike Avoidance Measures and Reporting for Mariners). All construction personnel will be advised that there are civil and criminal penalties for harming, harassing, or killing marine species that are protected under the Endangered Species Act of 1973. The Contractor will be held responsible for any protected, threatened or endangered species harmed, harassed, or killed as a result of construction activities. Any collisions with a sea turtle, manatee or gulf sturgeon, or sighting of any injured or incapacitated animal will be reported immediately to the Owner, Engineer and all other organizations/individuals as Page 11 of 37  required by regulatory authorizations. The Contractor will be required to abide by and implement all safeguards, reporting criteria, special operating conditions, lighting requirements, and other measures required by State and Federal permits to protect endangered species potentially occurring within and adjacent to the project limits during the entire period of construction. The Contractor shall maintain an Environmental Log detailing all incidents, including sightings, collisions with, injuries, or killing of sea turtles or other marine species occurring during the contract period. The log shall be recorded on a standardized form developed by the Contractor and approved by the Owner and Engineer; the form is to be entitled “Environmental and Endangered Species Reporting Log.” Copies of the log and all supporting data in its original form shall be forwarded directly to the Owner and Engineer within 10 days of recording. Following project completion, the Contractor shall submit an Environmental Final Summary Report summarizing the above incidents and sightings to the Owner and Engineer. 4.5 ENVIRONMENTAL PROTECTION PLAN Within ten (10) calendar days after Notice to Proceed, the Contractor will submit in writing an Environmental Protection Plan. The Owner’s Representative may, at its discretion, consider an interim plan for the first 10 days of operations. However, the Contractor must furnish an acceptable final plan no later than 20 calendar days after receipt of Notice to Proceed. Acceptance of the Contractor’s plan will not relieve the Contractor of its 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 Owner and Engineer reserve the right to require the Contractor to make changes to the Environmental Protection Plan or operations if they determine that environmental protection requirements are not being met. No physical work at the site will begin prior to acceptance of the Contractor’s Environmental Protection Plan or an interim plan covering the work to be performed. The Environmental Protection Plan must 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 and resources to be preserved within authorized work areas. The Contractor will prepare a listing of methods to protect resources needing protection, such as trees, shrubs, grasses and ground cover; landscape features; air and water quality; fish and wildlife; soil; and 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 will 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 procedure set out in accordance with the environmental protection plan. D. A permit or license for (if required) and the location of the solid waste disposal area. E. Environmental monitoring plans for the job site, including land, water, air, and noise monitoring. F. Methods for protection of both terrestrial and marine Threatened and Endangered Species. G. Methods for protection of Marine and Estuarine Resources including seagrasses, salt marsh and essential fish habitat such as existing artificial reefs. Page 12 of 37  H. Spill prevention. The Contractor must 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 must 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. I. Spill contingency plan for hazardous, toxic, or petroleum material J. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or non-use. Plan should include measures for marking the limits of use areas. K. A statement identifying the Contractor’s personnel who will be responsible for implementation of the Environmental Protection Plan. The Contractor’s personnel responsible will report directly to the Contractor’s top management and will have the authority to act for the Contractor in all environmental protection matters. L. A Certification Letter signed by Contractor; clearly identifying and acknowledging receipt, review, and understanding of all environmental permits applicable to the project and the conditions in the permits. The Certification Letter shall also acknowledge that the Contractor, including all of the Contractor’s personnel and subcontractors, is responsible for environmental protection. The Certification Letter must be attached to the Environmental Protection Plan. 4.6 NOTIFICATION The Owner or Engineer will notify the Contractor in writing of any observed noncompliance with the aforementioned federal, state, or local laws, regulations, and permits and other elements of the Contractor’s Environmental Protection Plan. The Contractor will, after receipt of such notice, inform the Owner and Engineer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Owner or Engineer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted for any such suspension, and any additional costs incurred by the Contractor shall be paid by the Contractor at no additional cost to the Owner. The Contractor will immediately notify the Owner and Engineer, in writing, of the occurrence of any environmental incidents or violations of the permit requirements or environmental protection laws. 4.7 REEF MATERIAL PROTECTION The Owner, Engineer, and FWC have reviewed the proposed reef material for regulatory authorization compliance and confirmed the material is suitable for artificial reef deployment. Appendix A and B provides a draft inventory of the approved reef materials. The Contractor shall be responsible for ensuring the reef material remains suitable for deployment throughout the handling, loading and transport process. The Contractor shall ensure the materials remain free of soils, oils and greases, debris, litter, putrescible substances, and other pollutants as required by regulatory authorizations. Should the materials become contaminated during the handling, loading, and transport process, the Contractor shall be responsible for cleaning the material to the satisfaction of the Owner or disposing of and replacing any contaminated units. Page 13 of 37 4.8 PROTECTION OF ENVIRONMENTAL RESOURCES A. General It is intended that the land and water resources within the project boundaries and outside the limits of permanent work performed under this Contract be preserved in the present condition or be restored, after completion of construction, to a condition that will appear to be natural and not detract from the appearance of the project. As much as possible, the Contractor will confine his construction activities to areas defined by the plans and specifications. Where vegetation must be impacted for purposes of accessing the stockpiled artificial reef material, the Contractor shall minimize the limits of impact to the greatest extent practical; mark areas for review and approval by the Owner, Engineer and property owner; and impact only those areas specifically approved for necessary work. Driving of vehicles and stockpiling or placement of equipment or materials outside the limit of approved work areas is specifically prohibited. B. Work Area Limits 1. The Contractor’s field offices, staging and stockpile areas, and temporary facilities will be placed in areas approved by the Owner or described on the