B3_Amend-0001_W9126G-16-B-0013.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

PROJECT: GULF INTRACOASTAL WATERWAY, TEXAS, ARANSAS NATIONAL WILDLIFE REFUGE (ANWR), IN CALHOUN COUNTY, TEXAS, BENEFICIAL USE SITE (BUS) "B" - STONE BREAKWATER EXTENSION

SEE THE ATTACHED PAGES FOR CHANGES AND ADDITIONS.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9126G-16-B-0013

X 9B. DATED (SEE ITEM 11)

08-Feb-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

or (c) By separate letter or telegram 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 telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, 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)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

26 Feb 2016

W9126G-16-B-0013

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-16-B-0013, GULF INTRACOASTAL

WATERWAY, TEXAS, ARANSAS NATIONAL WILDLIFE REFUGE (ANWR), IN

CALHOUN COUNTY, TEXAS, BENEFICIAL USE SITE (BUS) "B" STONE BREAKWATER

EXTENSION, are hereby amended as follows:

a) Specifications.

(1) SECTION 00 11 00.00 45, BID SCHEDULE – The enclosed SECTION 00 11 00.00 45 entitled BID SCHEDULE supersedes that issued with this Solicitation.

(2) SECTION 01 10 00.00 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS –

The enclosed SECTION 01 10 00.00 45, entitled NON-REGULATED SPECIAL CONTRACT REQUIREMENTS supersedes that issued with this Solicitation.

(3) SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION – The enclosed SECTION 01 57 20.00 45, entitled ENVIRONMENTAL PROTECTION supersedes that issued with this Solicitation.

(4) SECTION 35 31 19.32 45, RIPRAP AND BLANKET STONE – the enclosed SECTION 35 31 19.32 45 entitled RIPRAP AND BLANKET STONE supersedes that issued with this solicitation.

b) Drawings.

(1) DRAWINGS NO. C-02 through C-06 - The enclosed Drawings No. C-02 through C-06, supersedes that issued with this Solicitation.

2. This amendment shall be attached to and become a part of the solicitation.

5 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT

REQUIREMENTS

3. SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION

4. SECTION 35 31 19.32 45, RIPRAP AND BLANKET STONE

5. DRAWINGS NO. C-02 THROUGH C-06

SWG FILE NO.:IWW 1150-1124 SOLICITATION NO.:W9126G-16-B-0013

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 1.1 BID SCHEDULE

1.1.1 Schedule No. 1

1.1.2 Option No. 1

1.1.3 Option No. 2

1.1.4 Option No. 3

1.1.5 Option No. 4

1.1.6 Option No. 5

1.1.7 Option No. 6

1.2 EVALUATION OF BIDS AND MODIFICATIONS

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

(TO ACCOMPANY AMENDMENT 0001 TO SOLICITATION NO.:W9126G-16-B-0013)

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 1.1 BID SCHEDULE

BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1

Item No. Description

Estimated Quantity Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $________________

0002 Blanket Stone

(1/2" - 6") 4,100 TON $_________ $________________

0003 Riprap (40 - 650 lbs) 14,000 TON $_________ $________________

0004 Geotextile 7,800 S.Y. $_________ $________________

TOTAL SCHEDULE NO. 1 $________________

DOCUMENT 00 11 00.00 45 Page 2

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.2 Option No. 1

Item No. Description

Estimated Quantity Unit Unit Price Estimated Amount

OPTION NO. 1

0005 Blanket Stone

(1/2" - 6") 440 TON $_________ $_______________

0006 Riprap (40 - 650 lbs) 1,370 TON $_________ $_______________

0007 Geotextile 845 S.Y. $_________ $_______________

TOTAL OPTION NO. 1 $_______________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 $_______________

DOCUMENT 00 11 00.00 45 Page 3

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.3 Option No. 2

Item No. Description

Estimated Quantity Unit Unit Price Estimated Amount

OPTION NO. 2

0008 Blanket Stone

(1/2" - 6") 440 TON $_________ $_______________

0009 Riprap (40 - 650 lbs) 1,420 TON $_________ $_______________

0010 Geotextile 845 S.Y. $_________ $_______________

TOTAL OPTION NO. 2 $_______________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 AND OPTION NO.2 $_______________

DOCUMENT 00 11 00.00 45 Page 4

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.4 Option No. 3

Item No. Description

Estimated Quantity Unit Unit Price Estimated Amount

OPTION NO. 3

0011 Blanket Stone

(1/2" - 6") 450 TON $_________ $_______________

0012 Riprap (40 - 650 lbs) 1,470 TON $_________ $_______________

0013 Geotextile 845 S.Y. $_________ $_______________

TOTAL OPTION NO. 3 $_______________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 THROUGH OPTION

NO.3 $_______________

DOCUMENT 00 11 00.00 45 Page 5

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.5 Option No. 4

Item No. Description

Estimated Quantity Unit Unit Price Estimated Amount

OPTION NO. 4

0014 Blanket Stone

(1/2" - 6") 450 TON $___________ $_______________

0015 Riprap (40 - 650 lbs) 1,530 TON $___________ $_______________

0016 Geotextile 845 S.Y. $___________ $_______________

TOTAL OPTION NO. 4 $_______________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 THROUGH OPTION

NO.4 $_______________

DOCUMENT 00 11 00.00 45 Page 6

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.6 Option No. 5

Item No. Description

Estimated Quantity Unit Unit Price Estimated Amount

OPTION NO. 5

0017 Blanket Stone

(1/2" - 6") 450 TON $___________ $_______________

0018 Riprap (40 - 650 lbs) 1,530 TON $___________ $_______________

0019 Geotextile 845 S.Y. $___________ $_______________

TOTAL OPTION NO. 5 $_______________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 THROUGH OPTION

NO.5 $_______________

DOCUMENT 00 11 00.00 45 Page 7

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.7 Option No. 6

Item No. Description

Estimated Quantity Unit Unit Price Estimated Amount

OPTION NO. 6

0020 Blanket Stone

(1/2" - 6") 420 TON $___________ $_______________

0021 Riprap (40 - 650 lbs) 1,450 TON $___________ $_______________

0022 Geotextile 780 S.Y. $___________ $_______________

TOTAL OPTION NO. 6 $_______________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 THROUGH OPTION

NO.6 $_______________

DOCUMENT 00 11 00.00 45 Page 8

(TO BE ATTACHED TO STANDARD FORM 1442)

1.2 EVALUATION OF BIDS AND MODIFICATIONS

Contract will be awarded on the basis of price and other factors to the lowest responsive, responsible bidder in accordance with FAR 52.214-19, "Contract Award – Sealed Bidding – Construction". Contract award will be made based on the lowest total bid price.

Notes:

1. Prices must be submitted on all individual items of the Bid Schedule. Failure to do so may be cause for rejection of bids.

2. If a modification to a price based on unit price is submitted which provides for a lump sum adjustment to the total estimated price, the application of the lump sum adjustment to each unit price in the Pricing Schedule must be stated. If not stated, the bidder agrees that the lump sum adjustment will be applied on a pro rata basis to every unit price in the Bid Schedule.

3. The "JOB" line item under Schedule No. 1 is not an "estimated quantity" line item and therefore not subject to the Variation in Estimated Quantity contract clause.

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 9

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (CESWG)

1.2 QUANTITY OVERRUNS (CESWG)

1.2.1 Modification

1.2.2 Directions

1.2.3 Notice and Corrective Action

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER

415-1-15)

1.3.1 General

1.3.1.1 Unusually Severe Weather

1.3.1.2 Completion Delay

1.3.2 Baseline for Monthly Weather Time Evaluations

1.3.3 Records

1.4 DAMAGE TO WORK (CESWG)

1.5 CERTIFICATES OF COMPLIANCE (CESWG)

1.6 ENVIRONMENTAL LITIGATION (CESWG)

1.7 INSPECTION

1.8 CONTRACTING OFFICER SIGNATURE (CESWG)

1.9 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.9.1 General

1.9.2 Regulations

1.10 WORK IN QUARANTINED AREA (CESWG)

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(CESWG)

1.11.1 Allowable Cost

1.11.2 Equipment Rental Costs

1.11.3 Actual Equipment Costs

1.12 COORDINATION MEETINGS (CESWG)

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 10 00.00 45 Page 1

SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (CESWG)

Commence work under this Contract within 15 calendar days after the Notice to Proceed acknowledgment date, prosecute the Work diligently, and complete the Schedule No. 1 work and any Options awarded not later than 150 (AM#1)160 calendar days after acknowledging the Notice to Proceed. Options, if awarded, will be exercised at time of contract award. No additional time will be added to the construction time for the options exercised. Do not exceed the estimated quantities in the Contract Line Items without prior authorization and only with a signed modification issued by the Contracting Officer as specified in Paragraph: QUANTITY OVERRUNS below. Final cleanup of the worksite must be completed within the allotted construction time.

1.2 QUANTITY OVERRUNS (CESWG)

The Contractor is cautioned that funding on this Contract is based on the quantities shown in the Bid Schedule. Therefore, do not exceed the estimated quantities in the unit-priced Contract Line Items without prior specific authorization, and only with a signed modification issued by the Contracting Officer. Notify the Contracting Officer, in writing, once approximately 75 percent of the estimated quantity shown is reached for a particular Contract Line Item. This notification is to be separate and in addition to other reporting requirements specified. Promptly notify the Government when it becomes apparent that the estimated quantities will not be sufficient to complete the work indicated and specified.

1.2.1 Modification

If the Contractor exceeds the estimated quantities without a signed modification in place, it will be considered as unauthorized work, for which the Contractor may not be reimbursed. Once the potential quantity overrun is identified, the Contracting Officer may, among other options, provide additional funds (if available) to complete the work and equitably adjust the quantities in the Contract Line Item(s), modify the work to match the estimated quantities, consider the Contract complete once the contractually indicated quantities have been reached or terminate the Contract for the convenience of the Government.

1.2.2 Directions

Directions will be addressed through formal Contract modification. Do not perform work in excess of the contractually indicated quantities without an official modification.

1.2.3 Notice and Corrective Action

This provision shall not be interpreted as an order for the Contractor to stop work upon reaching 75 percent of the estimated quantities, it merely

SECTION 01 10 00.00 45 Page 2 requires notice and potential corrective action at that point. However, absent further specific direction, the Contractor shall be prepared to stop work at no additional cost to the Government once 100 percent of the Line Item quantities have been obtained.

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER 415-1-15)

1.3.1 General

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled DEFAULT (FIXED-PRICE CONSTRUCTION). For the Contracting Officer to award a time extension under this CLAUSE, the following conditions shall be satisfied.

1.3.1.1 Unusually Severe Weather

The weather experienced at the project site during the Contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

1.3.1.2 Completion Delay

The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

1.3.2 Baseline for Monthly Weather Time Evaluations

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (7) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(8) (5) (4) (4) (5) (7) (5) (7) (9) (7) (6) (7)

1.3.3 Records

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the Contract, the Contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days.

If the number of actual adverse weather delay days exceeds the number of days anticipated in Subparagraph: Baseline for Monthly Weather Time Evaluations above, the Contracting Officer will convert any qualifying

SECTION 01 10 00.00 45 Page 3 delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the CONTRACT CLAUSE entitled DEFAULT (FIXED PRICE CONSTRUCTION).

1.4 DAMAGE TO WORK (CESWG)

The responsibility for damage to any part of the permanent work shall be as set forth in the CONTRACT CLAUSE entitled PERMITS AND RESPONSIBILITIES.

However, if in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for these repairs will be made at the applicable Contract unit or lump sum price as fixed and established in this Contract. If, in the opinion of the Contracting Officer, there are no Contract unit or lump sum prices applicable to any part of this work an equitable adjustment pursuant to the CONTRACT CLAUSE entitled CHANGES of this Contract, will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable Contract unit or lump sum prices. Except as herein provided, damage to all work, including temporary construction;

utilities; materials; equipment; and plant shall be repaired and approved at the Contractor's expense regardless of the cause of this damage.

1.5 CERTIFICATES OF COMPLIANCE (CESWG)

Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three copies. Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.6 ENVIRONMENTAL LITIGATION (CESWG)

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

The term "environmental litigation," as used in this section, means a

SECTION 01 10 00.00 45 Page 4 lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work upon the environment.

1.7 INSPECTION

The Government will inspect the construction activities, the equipment and materials being used in the construction, and completed construction for compliance with the requirements of the Contract. Regardless of the Inspector's presence and inspections, the Work must be properly executed in accordance with the contract documents. To facilitate inspections by the Government, provide, at the Government's request, suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant and the workisite. Also provide a boat, boat operator, laborers, and personal safety equipment that are customarily employed in the construction work. Non-compliance with this requirement by way of refusal, neglect, or delay may necessitate the Government to provide and maintain a means of transportation and capability to conduct inspections, in which case, the costs associated with providing a means of transportation and to conduct inspections will be deducted from the amounts due or to become due the Contractor.

1.8 CONTRACTING OFFICER SIGNATURE (CESWG)

The Contracting Officer signing this Contract is the procuring Contracting Officer on this Contract. However, any Contracting Officer assigned to the Corps of Engineers Galveston District or Fort Worth District and acting within their authority may take formal action on this Contract when a contract action needs to be taken and the primary Contracting Officer is not available.

1.9 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.9.1 General

Offerors contemplating use of U.S. ports in the performance of the Contract are subject to paying a harbor maintenance fee on cargo. Federal law establishes an ad valorem port use fee on commercial cargo imported into or exported from various U.S. ports. The fee is 0.125 percent (.00125).

Cargo to be used in performing work under Contracts with the U.S.

Government is not exempt from the fee, although certain exemptions do exist. Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the U.S. Customs and Border Protection.

1.9.2 Regulations

The statute is at Title 26 U.S. Code sections 4461 and 4462. Department of Treasury U.S. Customs and Border Protection regulations implementing the statute, including a list of ports subject to the fee, are found at 19 CFR Section 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs and Border Protection offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs and Border Protection, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

SECTION 01 10 00.00 45 Page 5

1.10 WORK IN QUARANTINED AREA (CESWG)

The work called for by this Contract involves activities in a county the Department of Agriculture has quarantined to prevent the spread of certain plant pests that may be present in the soil. The Contractor agrees that construction equipment and tools moved from Calhoun County are to be thoroughly cleaned of soil residue at the construction site with high-pressure water and that hand tools are to be thoroughly cleaned by brushing or other methods to remove the soil.

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(CESWG)

This clause does not apply to terminations. See UAI 52.249-5000, Basis for settlement of proposals and FAR PART 49.

1.11.1 Allowable Cost

Allowable cost for construction and marine plant and equipment in sound working condition owned or controlled and provided by the Contractor or subcontractor at any tier must be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment will be based on EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VI. Working conditions will be considered as average for determining the equipment rates using the schedule unless otherwise specified. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations will apply.

For retroactive pricing, the schedule in effect at the time the work was performed will apply.

1.11.2 Equipment Rental Costs

Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

1.11.3 Actual Equipment Costs

When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

NOTE: A copy of EP 1110-1-8, "CONSTRUCTION EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," is available at the following website:

http://www.publications.usace.army.mil/Home.aspx. Copies are also available for review in the Southern Area Office, Galveston District, or can be purchased directly from the Government Publishing Office by calling (202) 512-1800. When corresponding by mail with the Government

SECTION 01 10 00.00 45 Page 6

Publishing Office, address to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954. Online sales are available at U.S. Government Bookstore.

1.12 COORDINATION MEETINGS (CESWG)

Schedule and attend regular coordination meetings with the Government. The meeting schedule and format will be agreed upon at the Pre-construction Conference. It will be the Contractor's responsibility to record, prepare, and disseminate the minutes of each meeting.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 10 00.00 45 Page 7

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 45

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Pests

1.2.5 Waters of the United States

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.7.3 Appendix

1.8 PROTECTION FEATURES

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.9.1 Threatened And Endangered Species

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.11 NOTIFICATION

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Erosion and Sediment Controls

3.2.3 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

3.3.1 Cofferdams, Diversions, and Dewatering Operations

3.3.2 Stream Crossings

3.3.3 Wetlands

3.4 AIR RESOURCES

3.4.1 Particulates

3.4.2 Odors

3.4.3 Sound Intrusions

3.4.4 Burning

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 Solid Wastes

3.5.2 Chemicals and Chemical Wastes

3.5.3 Contractor Generated Hazardous Wastes and Excess Hazardous

SECTION 01 57 20.00 45 Page 1

Materials

3.5.4 Fuel and Lubricants

3.5.5 Waste Water

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8 BIOLOGICAL RESOURCES

3.8.1 Critical Habitat

3.9 PREVIOUSLY USED EQUIPMENT

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.11 TRAINING OF CONTRACTOR PERSONNEL

3.12 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

SECTION 01 57 20.00 45 Page 2

SECTION 01 57 20.00 45

ENVIRONMENTAL PROTECTION

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes

SECTION 01 57 20.00 45 Page 3 management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy; and radioactive material as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

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

1.2.4 Pests

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

1.2.5 Waters of the United States

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

1.3 GENERAL REQUIREMENTS

Minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work must be protected during the entire duration of this Contract. Comply with all applicable environmental Federal, State, and local laws and regulations.

Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 SUBCONTRACTORS

Ensure compliance with this Section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section.

Payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, and payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations are the Contractor's responsibility. All costs associated with this section must be included in the contract price.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with the SECTION 01 33 00 SUBMITTAL PROCEDURES:

SECTION 01 57 20.00 45 Page 4

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

Within 10 calendar days from award date, submit in writing the Environmental Protection Plan. Approval 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.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor shall address during construction. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this Section. Address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this Section, but are considered necessary, shall be identified and discussed after those items formally identified in this Section. Prior to submittal of the Environmental Protection Plan, meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the Plan including reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan shall be current and maintained on-site by the Contractor.

1.7.1 Compliance

No requirement in this Section will relieve the Contractor of the applicable Federal, State, and local environmental protection laws and regulations. During construction, be responsible for identifying, implementing, and submitting for approval of additional requirements to be included in the Environmental Protection Plan.

1.7.2 Contents

Include in the Environmental Protection Plan, but not limit it to, the following:

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

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

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

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

e. An erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided. The plan must include monitoring and reporting requirements to assure that the

SECTION 01 57 20.00 45 Page 5 control measures are in compliance with the erosion and sediment control plan, Federal, State, and local laws and regulations.

f. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. 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 including methods for protection of features to be preserved within authorized work areas.

i. Drawing showing the location of borrow areas.

j. Include in the Spill Control plan the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. Include in this plan, as a minimum:

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

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

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

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

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

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

k. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris and

SECTION 01 57 20.00 45 Page 6 schedules for disposal.

(1) Identify any subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites that are not a commercial operating facility.

(2) Evidence of the disposal facility's acceptance of the solid waste must be attached to this plan during the construction. Attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. Submit the report for the previous quarter on the first working day after the first quarter that non-hazardous solid waste has been disposed or diverted (e.g. the first working day of January, April, July, and October).

(3) Indicate in the report the total amount of waste generated and total amount of waste diverted in cubic yards or tons along with the percent that was diverted.

(4) A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources.

Detail in the plan the Contractor's actions to comply with and to participate in Federal, State, Regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

l. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and travel off the project site.

m. A contaminant prevention plan that: identifies potentially hazardous substances to be used on the job site; identifies the intended actions to prevent introduction of such materials into the air, water, or ground; and details provisions for compliance with Federal, State, and local laws and regulations for storage and handling of these materials. In accordance with EM 385-1-1, a copy of the Material Safety Data Sheets (MSDS) and the maximum quantity of each hazardous material to be onsite at any given time must be included in the contaminant prevention plan. Update the plan as new hazardous materials are brought onsite or removed from the site.

n. A waste water management plan that identifies the methods and procedures for management and discharge of waste waters which are directly derived from construction activities, such as concrete curing water, clean-up water, dewatering of ground water, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan must include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of disposal for the waste water, the plan must include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, include a copy of the permit and associated documents as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan must include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

o. A historical, archaeological, cultural resources biological resources and wetlands plan that defines procedures for identifying and

SECTION 01 57 20.00 45 Page 7 protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site: identifies procedures to be followed if historical archaeological, cultural resources, biological resources and wetlands not previously known to be onsite or in the area are discovered during construction. Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer.

1.7.3 Appendix

Attach to the Environmental Protection Plan, as an Appendix, copies of environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, and termination documents.

1.8 PROTECTION FEATURES

This Paragraph supplements the CONTRACT CLAUSE PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, prepare a brief report including a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs, and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. This survey report will be signed by both the Contractor and Contracting Officer upon mutual agreement as to its accuracy and completeness. Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference which their preservation may cause to the work under this Contract.

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

Comply with the special environmental requirements listed here and attached at the end of this Section.

1.9.1 Threatened And Endangered Species

Implement the following measures to avoid and minimize impacts on threatened and endangered species:

(1) Instruct personnel associated with the project of the potential presence of sea turtles and smalltooth sawfish and the need to avoid collisions with these species. Construction personnel are responsible for observing water-related activities for the presence of these species.

(2) Advise construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973.

(3) Filtration barriers shall be made of material in which a sea turtle or small tooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment.

(4) Vessels associated with the construction project shall operate at

SECTION 01 57 20.00 45 Page 8

"no wake and idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a 4-foot clearance from the bottom. Vessels will preferentially follow deep-water routes, for example: marked channels, when possible.

(5) If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction or dredging operation or vessel movement, appropriate precautions shall be implemented to ensure its protection.

These precautions shall include cessation of operation of moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish.

Operation of mechanical construction equipment shall cease immediately if a sea turtle or small tooth sawfish is seen within a 50-foot radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.

(6) Collision with or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the local authorized sea turtle stranding or rescue organization (866-887-8535).

(6) The Whooping Crane is an endangered species that may be encountered during construction. Accordingly, inform personnel to be aware of this possibility and instruct them regarding the restrictions that will be imposed on personnel, equipment, and vessels operating and moving in the area.

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

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

1.11 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

Obtaining and complying with environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations

SECTION 01 57 20.00 45 Page 9 is the Contractor's responsibility.

3.2 LAND RESOURCES

Confine all activities to areas defined by the drawings and specifications. Identify any land resources to be preserved within the work area prior to the beginning of any construction. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval, except in areas indicated on the drawings or specified to be cleared. Ropes, cables, or guys will not be fastened to or attached to any trees for anchorage unless specifically authorized. Provide effective protection for land and vegetation resources at all times, as defined in the following subparagraphs. Remove stone, soil, or other materials displaced into uncleared areas.

3.2.1 Work Area Limits

Mark the areas that need not be disturbed under this contract prior to commencing construction activities. Mark or fence isolated areas within the general work area which are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the purpose for marking and protecting particular objects.

3.2.2 Erosion and Sediment Controls

Providing erosion and sediment control measures in accordance with Federal, State of Texas, and local laws and regulations is the Contractor's responsibility. Select and maintain the erosion and sediment controls such that water quality standards are not violated as a result of construction activities. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. Construct or install temporary and permanent erosion and sediment control Best Management Practices (BMPs) .

BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. Remove temporary measures after the area has been stabilized.

3.2.3 Contractor Facilities and Work Areas

Place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities will be made only when approved. Erosion and sediment controls must be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas must be controlled to protect adjacent areas.

3.3 WATER RESOURCES

Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or…