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

Drawings. Temporary movement or relocation of the Contractor facilities will be made only upon approval by the Owner. 2. Prior to any construction, the Contractor will mark the areas that are not required to accomplish all work to be performed under this contract. Isolated areas within the general work area that are to be saved and/or protected will also be marked or fenced. Markers must be clearly visible during all construction times and operations. The Contractor will convey to his personnel the purpose of marking and/or protection of all necessary objects. C. Disposal of Wastes Solid wastes (excluding clearing debris) shall be placed in containers that are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. The Contractor shall transport all solid waste off the properties within the project limits and dispose of it in compliance with federal, state, and local requirements for solid waste disposal. Discarded materials other than those that can be handled in the solid waste category will be handled as directed by the Owner. D. Dispensing of Fuel The Contractor shall take all responsible precautions to prevent fuel spills or contamination of the ground with fuel. 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 fuel spills occur, the Contractor shall immediately notify the Owner, Engineer, property owner, and any other required parties and immediately remove the contaminated ground and dispose of it offsite at an approved facility. E. Disposal of Chemical Wastes Chemical waste shall be stored in corrosion resistant containers, removed from the work area and disposed of in accordance with Federal, State, and local regulations. Page 14 of 37  F. Disposal of Discarded Materials Discarded materials other than those that can be included in the solid waste category shall be handled as directed by the Owner or Engineer. 4.9 PROTECTION OF WATER RESOURCES A. General The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters. The Contractor shall conduct his operations in a manner to minimize run-off and erosion, and shall conform to all water quality standards as prescribed by Chapter 63-302 of the Florida Administrative Code. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities that are included in this contract. B. Marine and Estuarine Resources The Contractor shall avoid impacts to any protected species and marine resources such as existing artificial and natural reefs, seagrasses, and marsh habitat within Choctawhatchee Bay, the Gulf of Mexico and connected waterbodies. Construction shall be limited to daylight hours only. Care shall be taken to avoid impacts to reefs, oysters, seagrasses, marsh, and any other resources or habitat in shallow marine or estuarine waters. All personnel should be advised there are civil and criminal penalties for damaging natural resources. C. Navigation The Contractor’s equipment shall remain within navigable water depths to avoid equipment groundings or impacts to submerged aquatic resources. The Contractor shall maintain current navigational charts of all work and transport areas at all times aboard the deployment and support vessels. The Contractor shall not obstruct navigation channels during material loading, transport or deployment operations. All vessels shall operate at minimum speeds necessary to maintain steerage while operating in shallow waters or channels where the draft of the vessel provides less than 3 feet clearance from the bottom. The Contractor shall immediately stop work and notify the Owner, Engineer, and Florida Fish & Wildlife Conservation Commission of any collision with or injury to submerged natural resources (e.g., reefs, seagrasses, etc.) or protected species (e.g., manatees, turtles, etc.). D. Washing and Curing Water Wastewaters directly derived from construction activities shall not be allowed to enter open surface waters or waters of the State. Any wastewater generated shall be collected or controlled through retention ponds or other environmental controls where suspended materials can settle out or the water evaporation can separate pollutants from the water. E. Oil Spill Prevention 1. The Contractor shall prevent oil, fuel, or other hazardous substances from entering the ground, drainage system, or local bodies of water. Containment, diversionary structures, or equipment shall be implemented by the Contractor to prevent discharged oil from reaching a watercourse. Should a spill occur, the Contractor shall take immediate action to contain and clean up any spill of oily substances, petroleum products, or hazardous substances and immediately report such Page 15 of 37  spills to the Owner and Engineer. The Contractor shall supply oil spill containment materials such as oil booms and absorbent materials at each site and offshore conveyance where the potential for an oil spill may exist. 2. Section 13 of the River and Harbor Act of 1899 prohibits any pumping or discharging of bilge water containing oil or any other pollutants into navigable waters or into areas which would permit the flow of oil or other pollutants into such waters. Violation of this prohibition is subject to penalties provided under the referenced Act. 3. Liabilities: The Contractor shall be liable for the damage caused by oil or fuel spills when it can be shown that materials were 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 state and federal laws. F. Turbidity The Contractor shall use whatever special equipment or methodology necessary to load the reef materials on the offshore conveyance and place the materials at the proposed artificial reef site(s) in a manner to avoid picking up quantities of sand or soil that might cause turbidity violations. The Contractor shall ensure that all employees involved in loading and placing material in the water understand the causes of turbidity and need to avoid water quality violations. Contractor shall conduct his disposal operations in accordance with FDEP permits requiring that all artificial reef construction shall commence in a manner to minimize turbidity and shall conform to all water quality standards as prescribed by Chapter 62-302, Florida Administrative Code and as required by approved permits. If the Contractor violates any condition of any Permit or work is stopped by any public entity, any additional costs incurred by the Contractor, including any fines, shall be paid by the Contractor at no additional cost to the Owner. 4.10 PROTECTION OF AIR RESOURCES A. General The Contractor shall continuously monitor and manage all construction activities to comply with the following requirements for environmental pollution prevention. B. Noise The Contractor shall make all possible efforts to minimize noise pollution. The Contractor will keep construction activities under surveillance and control to minimize damage to the environment by noise and to comply with all federal, state, and local noise ordinances. All equipment shall be equipped with satisfactory mufflers or other noise abatement devices. The use of horns, bells or the use of whistle signals shall be held to a minimum necessary in order to ensure as safe and as quiet an operation as possible. C. Air Pollution The Contractor will 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 Page 16 of 37  air pollution standards of the State of Florida (Florida Statue, Chapter 403 and others) and all Federal emission and performance laws and standards. 4.11 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL The Contractor will train his personnel in all phases of environmental protection. The training will include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to ensure adequate and continuous environmental pollution control. Quality Control and supervisory personnel will be thoroughly trained in the proper use of monitoring devices and abatement equipment, and will 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 5. 4.12 PRESERVATION AND RECOVERY OF HISTORIC, ARCHEOLOGICAL, AND CULTURAL RESOURCES If, during construction activities, the Contractor observes items that may have historic or archeological value, such observations shall be reported immediately to the Owner and Engineer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from trespassing on, removing, or otherwise damaging such resources. 4.13 POST-CONSTRUCTION CLEANUP The Contractor will be responsible for cleaning and restoring all construction areas (material stockpile, staging, and access areas) to pre-construction conditions to the satisfaction of the Owner and Engineer prior to demobilization. Post-Construction Cleanup shall include removal of all Contractors’ equipment and the removal and disposal of all waste generated during the construction process. The Contractor will not abandon any equipment or materials at any of the work areas, haul routes, etc. unless approved otherwise in writing by the Owner, Engineer and Property Owner. The Contractor shall be responsible for repairing any environmental damage to any of the work, stockpile, staging, loading, and access areas. The Contractor shall repair any