W9127N-09-B-0004-0002.pdf

117398

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

Correct Bid Schedule, add appendix missing from solicitatio, extend solicitation period.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 26-Feb-2009

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 W9127N-09-B-0004

X 9B. DATED (SEE ITEM 11)

06-Jan-2009

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 X is extended, 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 1 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

26-Feb-2009

CODE

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

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W9127N-09-B-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The Issued By organization has changed from

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

to

CONTRACTING DIVISION

USACE PORTLAND DISTRICT PO BOX 2946 333 S

PORTLAND OR 97208-2946

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

BID SCHEDULE

BID SCHEDULE

JULIA BUTLER HANSEN COLUMBIAN WHITE

TAILED DEER NATIONAL WILDLIFE REFUGE

SOLICITATION NO. W9127N-09-B-0004

CHANGED

LINE

ITEM

DESCRITPTION ESTIMATED

QUANTITIES

UNIT UNIT PRICE ESTIMATED

AMOUNT

0001 Mobilization/Demobilization

JOB

0002 Indian Jack Slough

0003 Duck Lake Slough

0004 W201 +30

0005 Brooks Slough

Optional

Item

Risk Creek

Optional

Item

Winter Slough

Optional

Item

Hampson Slough

Optional

Item

Typical Log Boom

CHANGED

EA

Base CLINS:

Optional CLINS:

Total: $_________________

END OF CHANGE

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52.000-4017 BID OPENING REVIEWED AND VERIFIED AS CORRECT.

The bid opening will be held in the bid room of the Contracting Division, 10th Floor, of the Robert Duncan PlazaBuilding, 333 SW 1st Avenue, Portland, Oregon, on 5 March 2009 at 2:00 pm PST. The bid room door will be closed at 2PM and no further bids will be accepted when the door is closed.

NOTICE:

Due to increased security all individuals intending to either submit their bid in person (before or at the time of opening), or attend the bid opening will need to clear security prior to being allowed into the Robert Duncan Plaza. Therefore, allow adequate time for the security screening. Bids will not be accepted from company representative(s) who are in the building, but not in the bid room by 2PM. The bid must be in the bid room prior to closing of the door.

Individuals requesting access to Robert Duncan Plaza can expedite security processing by sending an e-mail to the individual below. In subject line use title, “BIDDER ACCESS FOR JBH BID OPENNING”

The following must be provided in that e-mail.

FULL NAME

COMPANY

CITIZENSHIP

If more than one individual from one company is attending, then the above information must be on each person attending.

Send your attendance request to: randy.montalbano@usace.army.mil

If you do not receive an e-mail confirmation that your information has been received then call 503-808-4612 and ask for Randy Montalbano or have the individual answering the phone assist you.

Bid opening date has changed from 5 March 2009 to 7 March 2009. Time and Location are unchanged.

Amendment 0002

00100-2 Amendment 0001

Double Astrick

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Line

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00.00 40

SUMMARY OF WORK

PART 1 GENERAL

1.1 SUMMARY

1.2 WORK COVERED BY CONTRACT DOCUMENTS

1.2 Project Description

1.3 Location

1.4 Work Required By Contract

1.5 Main features of work:

1.6 Site specific considerations:

1.7 Contractor requirements

1.8 Time Frame for Work

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

-- End of Section Table of Contents --

01 11 00.00 40-i

SECTION 01 11 00.00 40

SUMMARY OF WORK

PART 1 GENERAL

1.1 SUMMARY

This Section provides a comprehensive summary of the various Contract work elements and their relationship to each other. This summary does not provide the technical detail of the referenced Sections for the particular work activities, but describes the work as a whole, providing an overall perspective to the separate tasks and their interrelationships. Background on-site conditions are also included. This Section shall be used in conjunction with all other Sections and Drawings to establish the total work requirements. (See tables at end of this Section.)

1.2 WORK COVERED BY CONTRACT DOCUMENTS

1.2 Project Description

The purpose of the project is to restore tidal influence via emplacement of new, or modification of, existing water control structures at six sloughs, plus realignment of one creek, located on Julia Butler Hansen Columbian White-tailed Deer National Wildlife Refuge (JBH NWR) Service's near Cathlamet, Washington.

1.3 Location

The proposed project is located on the JBH NWR within the Columbia River estuary. Located in southwestern Washington and northwestern Oregon, the JBH NWR was established in 1972 specifically to protect and manage the federally endangered Columbian white-tailed deer. The refuge contains over 5,600 acres of pastures, forested tidal swamps, brushy woodlots, marshes, and sloughs along the Columbia River in both Washington and Oregon. The mainland portion of the JBH NWR is bordered by the Columbia River to the west, the Elochoman River to the south, Brooks Slough and Skamokawa to the north, and Washington Highway 4 to the east.

1.4 Work Required By Contract

The Work includes, but is not limited to, the following activities:

a. Compliance with General Conditions of the Contract, including field supervision and management; administration and home office support;

purchasing; site security and emergency services; health and safety supplies; and utilities for the construction period (telephone/radio, electric).

b. Submittals/implementation plans required by the Contract.

c. Mobilization, Site Work, and temporary facilities including mobilization of personnel and equipment; site preparation; meetings;

temporary facilities such as sanitary facilities, utilities (e.g., electrical, phone/radio); and security controls.

01 11 00.00 40-1

1.5 Main features of work:

a. Sheet piles shall be driven and removed during low tide when water does not cover the site to minimize the environmental impact.

b. A table (see attachment to this section) has been formulated to clarify the main components of work to be done at each site.

1.6 Site specific considerations:

a. Indian Jack Slough

This is a new tide box structure.

An exterior discharge channel from the tide gate to the Elochoman River shall be constructed via blasting or excavation. The exterior channel construction shall not be enclosed by cofferdams due to wet soil conditions and length of channel.

An interior channel shall be excavated from the levee to the Indian Jack Slough channel; the bulk of this interior channel shall be excavated in the dry and opened to Ellison Slough only upon completion of construction to minimize potential turbidity.

b. Duck Lake Slough

Existing riprap shall be temporarily removed during construction. A culvert plug or cofferdam shall be used on the interior end of the existing culvert to block water.

The existing steel culvert shall be cut and shortened on the riverward end.

A side-hinged, restrained tide gate shall be retrofitted on the existing riverward culvert, complete with sheet piling headwall, wingwalls, concrete sill and (replaced existing) riprap.

c. W201+30 Slough

Work shall include removal of existing vegetation; the interior end of the culvert shall be cut and beveled and riprap placed as shown.

d. Brooks Slough Culvert plugs shall be used on the interior end of the culverts to block water. One side-hinged, restrained tide gate shall be retrofitted on the existing riverward headwall as shown on the drawings.

e. Risk Creek (OPTIONAL) The channel shall be deepened, widened and realigned as shown on the drawings.

f. Winter Slough (OPTIONAL)

This is a new tide box structure.

An interior channel shall be excavated from the flood control levee to the existing Winter Slough channel; the bulk of this interior channel can be excavated in the dry and opened to Winter Slough only upon

01 11 00.00 40-2 completion of excavation to minimize potential turbidity.

g. Hampson Slough (OPTIONAL)

This is a new tide box structure.

Existing elk proof fencing shall be removed and replaced as shown on the drawings.

An interior channel shall be excavated from the flood control levee to the Hampson Slough channel; the bulk of this interior channel shall be excavated in the dry and opened to Hampson Slough only upon completion of construction to minimize potential turbidity.

1.7 Contractor requirements

a. Monitoring and verification of construction activities as specified in SECTION 01 45 04.00 25 CONTRACTOR QUALITY CONTROL.

b. Coordination of in-water Work with the Government. All such coordination shall be handled through the Government Quality Assurance Representative (GQAR).

c. Preparation of Record Drawings and other construction documentation.

d. Demobilization of personnel, equipment, and materials at the completion of construction awarded by the GQAR; the Work includes demobilization of temporary facilities, utilities, and close-out reporting.

e. Work shall be measured and Contractor shall receive payment in accordance with SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT.

1.8 Time Frame for Work

Start date for implementation of this phase is estimated to be July 1, 2009, however all in-water work shall be July 15 through September 15.

Construction shall cease by October 30, 2009.

Two adjacent sites may be constructed concurrently, provided there are emergency spill containment materials for two sites and emergency traffic has access to residential dwellings (i.e. Brooks SLough site may not be constructed at the same time as Indian Jack Slough).

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

-- End of Section --

01 11 00.00 40-3

REQUIRED WORK:

Site Install sheet piling headwall / wingwalls and concrete sill and riprap between wingwalls on:

Install 72-inch HDPE culvert with concrete collars on each end:

Install side-hinged, self-restrained tide gate:

Excavate pilot channel from end of wingwall to river / slough on:

Construct vehicle pullout between headwalls:

Install landward log boom for debris protection:

Other work:

Indian Jack Slough

Riverward and landward sides

Yes Yes Riverward and landward sides

Yes Optional

Duck Lake Slough

Riverward side No Yes N/A Yes Optional Install landward culvert plug for dewatering. Install landward deadman for riverward headwall.

W201+30 Slough

Landward side No No N/A No Optional Install riverward culvert plug for dewatering.

Remove vegetation, excavate channel, cut culvert, and place riprap at landward culvert entrance.

Brooks Slough

Riverward side No Yes N/A No Optional Install landward culvert plug for dewatering.

Construct new concrete headwall for tide gate.

AMD #0002

OPTIONAL ITEMS:

Site Install sheet piling headwall / wingwalls and concrete sill and riprap between wingwalls on:

Install 72-inch HDPE culvert with concrete collars on each end:

Install side-hinged, self-restrained tide gate:

Excavate pilot channel from end of wingwall to river / slough on:

Construct vehicle pullout between headwalls:

Install landward log boom for debris protection:

Other work:

Risk Creek Channel work as described in the contract

Winter Slough

Riverward and landward sides

Yes Yes Landward side

Yes Optional

Hampson Slough

Riverward and landward sides

Yes Yes Landward side

Yes Optional

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 25

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 GENERAL INFORMATION

1.2 PUBLICATIONS

1.2.1 Applicable Regulations

1.2.2 Referenced Publications

1.3 SUBMITTALS

1.4 DEFINITIONS

1.4.1 Environmental Pollution and Damage

1.4.2 Environmental Protection

1.4.3 Contractor Generated Hazardous Waste

1.4.4 Land Application for Discharge Water

1.4.5 Surface Discharge

1.4.6 Waters of the United States

1.4.7 Wetlands

1.5 GENERAL REQUIREMENTS

1.6 SUBCONTRACTORS

1.7 PAYMENT

1.8 NONCOMPLIANCE

1.9 ENVIRONMENTAL LITIGATION

1.9.1 General

1.9.2 Definition

1.10 ENVIRONMENTAL PROTECTION PLAN

1.10.1 General

1.10.2 Compliance

1.10.3 Contents

1.10.4 Appendix

1.10.5 Sample: Spill Emergency Initial Report Form

1.11 PROTECTION FEATURES

1.12 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.13 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.14 NOTIFICATION

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.1.1 General

3.1.2 Authorized Personnel

3.1.3 National Pollution Discharge Elimination System (NPDES) Permit

Associated with Construction Activities.

3.1.4 Water Quality Certification

3.2 LAND RESOURCES

3.2.1 General

3.2.2 Work Area Limits

3.2.3 Landscape

3.2.4 Erosion and Sediment Controls

3.2.5 Contractor Facilities and Work Areas

01 57 20.00 25-i

3.3 PROTECTION OF WATER RESOURCES

3.3.1 General

3.3.2 Erosion Control

3.3.3 Washing and Curing Water

3.3.4 Excess Material Deposits

3.3.5 Wetlands

3.3.6 Dewatering Operations

3.3.7 Turbidity

3.4 AIR RESOURCES

3.4.1 General

3.4.2 Particulates

3.4.3 Odors

3.4.4 Sound Intrusions

3.4.5 Burning

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 General

3.5.2 Solid Wastes

3.5.3 Chemicals and Chemical Wastes

3.5.4 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.5.5 Disposal of Hazardous Waste

3.5.6 Fuel and Lubricants

3.5.7 Waste Water

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.7 BIOLOGICAL RESOURCES

3.8 PREVIOUSLY USED EQUIPMENT

3.9 MAINTENANCE OF POLLUTION FACILITIES

3.10 TRAINING OF CONTRACTOR PERSONNEL

3.11 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

01 57 20.00 25-ii

SECTION 01 57 20.00 25

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 GENERAL INFORMATION

This section covers preventing environmental pollution and minimizing environmental degradation during and as a result of construction operations. Other requirements in the sections may also contain specific requirements for environmental protection. Those specific requirements are in addition to or modify the requirements in this section. The control of environmental pollution requires consideration of sound levels, air, water, and land resources.

1.2 PUBLICATIONS

1.2.1 Applicable Regulations

All environmental pollution shall be prevented, abated, and controlled and environmental degradation arising from construction activities shall be minimized by complying with all applicable Federal, State, and local laws and regulations, as well as specific requirements of this contract. Where conflicting or duplicate regulations apply, the most stringent requirement shall govern. Contractor shall comply with the following list of environmental regulations where applicable. This list is not inclusive of all environmental requirements, but represents the Federal regulations most likely to apply to work under this contract.

a. Clean Air Act - 40 CFR 61: Emission Standards for Hazardous Air Pollutants

b. Solid Waste Disposal Act - 40 CFR 241: Land Disposal - 40 CFR 245:

Resource Recovery

c. Resource Conservation and Recovery Act - 40 CFR 260-272 : Hazardous Waste Management

d. Comprehensive Environmental Response , Compensation and Liability Act - 40 CFR 300-302: National Oil and Hazardous Substances Contingency Plan for hazardous substance spills and cleanup

e. Clean Water Act - 40 CFR 110-117, 122: Point source discharges into U.S. waters

f. Executive Order 12856 - Federal Compliance Order with the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act

g. 49 CFR 100-177, Hazardous materials transportation regulation

1.2.2 Referenced Publications

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

01 57 20.00 25-1

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2003) U.S. Army Corps of Engineers Safety and Health Requirements Manual

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

http://el.erdc.usace.army.mil/wetlands/pdfs/wlman87.pdf

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

33 CFR 328 Definitions

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

49 CFR 171 - 178 Hazardous Materials Regulations

USEPA CONSTRUCTION BMPs Construction Site Stormwater Runoff Control Best Management Practices (BMPs) Found at:

http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.c

1.3 SUBMITTALS

The following shall be submitted as stated in accordance with SECTION 01 10 00.00 25, paragraph 4.5 and SECTION 01 33 00:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

Environmental Protection Plan including proposals for implementing this section for environmental protection within 10 days after Notice to Proceed (NTP) and prior to commencing work. If satisfactory, it will be approved and one copy will be returned.

If unsatisfactory, it will be returned for resubmission.

Storm Water Pollution Prevention Plan (SWPPP); G

01 57 20.00 25-2

Traffic control plans; G Work area plan; G Spill Control plan; G non-hazardous solid waste disposal plan; G recycling and solid waste minimization plan; G air pollution control plan; G contaminant prevention plan; G waste water management plan; G historical, archaeological, cultural resources, biological resources, and wetlands plan; G

1.4 DEFINITIONS

1.4.1 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.

1.4.2 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 management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.4.3 Contractor Generated Hazardous Waste

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

1.4.4 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor shall discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" shall occur. Land Application shall be in compliance with all applicable Federal, State, and local laws and regulations.

1.4.5 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers,creeks, and/or "waters of the United States" and would require a permit to discharge water from the governing agency.

01 57 20.00 25-3

1.4.6 Waters of the United States

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

1.4.7 Wetlands

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

WETLAND MANUAL.

1.5 GENERAL REQUIREMENTS

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable environmental Federal, State, and local laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

1.6 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.7 PAYMENT

No separate payment will be made for work covered under this section. The Contractor shall be responsible for payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor. All costs associated with this section shall be included in the contract price. The Contractor shall be responsible for payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations.

1.8 NONCOMPLIANCE

An order may be issued stopping all or part of the work for failure to comply with the provisions of this section until corrective action has been taken. No time lost due to such stop orders shall be the subject of a claim for extension of time or for costs or damages unless it is later determined that the Contractor was in compliance.

1.9 ENVIRONMENTAL LITIGATION

1.9.1 General

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 Government at the request of the Contractor shall determine whether the order is due in any part to the acts of 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

01 57 20.00 25-4 a subcontractor at any tier other than as required by the terms of this Contract, such suspension, delay, or interruption shall be considered as if ordered by the Government in the administration of this Contract under the terms of SECTION 00700, Clause 52.242-14, SUSPENSION OF WORK. The period of such suspension, delay, or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this Contract (excluding profit) as provided in this clause, subject to the provisions thereof.

1.9.2 Definition

The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government ahs not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.10 ENVIRONMENTAL PROTECTION PLAN

1.10.1 General

Prior to commencing construction activities or delivery of materials to the site, the Contractor shall 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 must address during construction. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this section. The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, the Contractor shall 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 any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan shall be current and maintained onsite by the Contractor.

All work shall comply with the Biological Opinion prepared by hte National Marine Fisheries Service (Appendix 5).

1.10.2 Compliance

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

1.10.3 Contents

The environmental protection plan shall include, but shall not be limited 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.

01 57 20.00 25-5

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. Storm Water Pollution Prevention Plan (SWPPP).

(1) A general erosion and sediment control plan has been prepared by the Government (Appendix 3). Contractor shall update or modify this plan as necessary to identify the type and location of the erosion and sediment controls to be provided. The plan shall include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment control plan, Federal, State, and local laws and regulations.

(2) The plan shall address run-off from areas used for contractor staging, stockpiles, equipment storage and maintenance, and repair, waste receptacles, protected storage areas for hazardous and toxic waste (HTW), and Contractor's sanitary facilities.

These measures shall be included in the updated/modified Erosion and Sediment Control Plan. Drawings required (in paragraphs f and

g) below shall be attached to the Erosion and Sediment Control Plan.

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

(1) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer and Facility Response Personnel in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a

01 57 20.00 25-6 reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers.

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

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

(4) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified. For all work in or adjacent to water, at least two of each shall be required since work may be conducted at two locations at a time: 200-foot-long minimum containment boom, skimming equipment, and an absorbent cleanup kit shall be available at the job-site. Number required and availability must consider the logistics and time required to begin containment and cleanup of a spill, accessibility, number of remote work areas, number and location of floating plants on the river, etc.

Materials and equipment for other cleanup work shall be tailored to the potential hazards involved.

(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.

(7) The name of the individual who will report any spills and who will follow up with complete documentation.

(8) The 24-hour spill notification telephone numbers including NRC, OERS, County, and local police and/or Emergency Response organization as appropriate and required. The plan shall include 24-hour emergency number for the GQAR, Project Engineer, and Resident Engineer.

k. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal including clearing debris. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste. Licenses or permits shall be submitted for solid waste disposal sites that are not a commercial operating facility. Evidence of the disposal facility's acceptance of the solid waste shall be attached to this plan during the construction. The Contractor shall attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. The report shall be submitted on the first working day after the first quarter that non-hazardous solid waste has been disposed and/or diverted and shall be for the previous quarter (e.g. the first working day of January, April, July, and October). The report shall indicate the total amount of waste generated and total amount of waste diverted in cubic meters (yards) or tons along with the percent that was diverted.

l. A recycling and solid waste minimization plan with a list of

01 57 20.00 25-7 measures to reduce consumption of energy and natural resources. The plan shall detail the Contractor's actions to comply with and to participate in Federal, State, Regional, and local government sponsored recycling programs to reduce the volume of solid waste at the source.

m. 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.

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

o. A waste water management plan that identifies the methods and procedures for management and/or 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 (see the Section 401 Water Quality Certification (Appendix 4)). If a settling/retention pond is required, the plan shall 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 shall 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, a copy of the permit and associated documents shall be included as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan shall include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

p. A historical, archaeological, cultural resources, biological resources, and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site:

and/or 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. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer.

An archeological monitor must be present during all slough shoreline disking as well as the Risk Creek channel meander excavation.

1.10.4 Appendix

Copies of all environmental permits, permit application packages, approvals to construct, notifications, certifications, reports, report forms, and termination documents shall be attached,as an appendix, to the Environmental Protection Plan.

01 57 20.00 25-8

1.10.5 Sample: Spill Emergency Initial Report Form

A hazardous material Spill Emergency Initial Report Form shall be similar to Attachment A4. Ensure that all of the elements shown on the sample form are provided.

1.11 PROTECTION FEATURES

Prior to start of any onsite construction activities, the Contractor and the Contracting Officer shall make a joint condition survey. Immediately following the survey, the Contractor shall 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 shall be signed by both the the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The Contractor shall 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 Contractor's work under the contract.

1.12 SPECIAL ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with the special environmental requirements listed at the end of this section.

1.13 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

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

1.14 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. The Contractor shall, after receipt of such notice, 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 shall be granted or equitable adjustments allowed to the Contractor 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.

01 57 20.00 25-9

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.1.1 General

The Contractor is responsible for obtaining all permits/licenses required for this project as stated in SECTION 00700, Clause 52.236-7, PERMITS AND RESPONSIBILITIES. Three copies of each permit or license critical to project control and execution during project construction shall be provided to the Government. These may include inter-agency coordination agreements and subsequent compliance requirements.

3.1.2 Authorized Personnel

During construction, the area shall be restricted to only authorized and contracted personnel. These personnel may include Contractor's employees and Government authorized representatives. The Contractor shall be responsible for notifying the GQAR prior to unauthorized personnel entering the site.

3.1.3 National Pollution Discharge Elimination System (NPDES) Permit Associated with Construction Activities.

The Government has obtained an NPDES permit (Appendix 2) for storm water discharges associated with construction activities, issued by the Oregon Department of Environmental Quality for this contract. In addition, the Government has prepared a general Storm Water Pollution Prevention Plan (SWPPP)(Appendix 3) for this project. The Contractor is responsible for updating or modifying this plan as necessary to assure the plan covers all construction activities. The following requirements shall be successfully completed by the Contractor:

a. Comply with general NPDES permit language for construction activities and the Storm Water Pollution Prevention Plan.

b. Incorporate Contractor-originated best management practices into the NPDES permit.

c. Comply with USEPA CONSTRUCTION BMPs as applicable (Appendix 1) and as specified in the SWPPP.

3.1.4 Water Quality Certification

The Government has obtained a Section 401 Water Quality Certification (Appendix 4) under the federal Clean Water Act for conformance with state water quality standards associated with construction activities, issued by the WA Department of Ecology for (WDOE) this contract. All conditions shall be met as described in the attached document. The Contractor shall notify WDOE as specified in the Certification.

3.2 LAND RESOURCES

3.2.1 General

The Contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any construction, 01 57 20.00 25-10 the Contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. The Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs. The Contractor shall remove stone, soil, or other materials displaced into uncleared areas.

3.2.2 Work Area Limits

Prior to commencing construction activities, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area that are not to be disturbed shall be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, any markers shall be visible in the dark. The Contractor's personnel shall be knowledgeable of the purpose for marking and/or protecting particular objects.

3.2.3 Landscape

Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved shall be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. The Contractor shall restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area.

3.2.4 Erosion and Sediment Controls

The Contractor shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations. The Contractor's best management practices shall also be in accordance with the National Pollutant Discharge Elimination System (NPDES) (Appendix 2), the Storm Water Pollution Prevention Plan (SWPPP) (Appendix 3), and the Biological Opinion prepared by hte National Marine Fisheries Service (Appendix 5). The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of the Contractor's construction activities. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. The Contractor shall construct or install temporary and permanent erosion and sediment control best management practices (BMPs) as specified in SECTION 01 57 23.00 10, STORM WATER POLLUTION PREVENTION MEASURES and in accordance with the applicable Construction Site Stormwater Runoff Control Best Management Practices (BMPs)(Appendix 1). 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. Any temporary measures shall be removed after the area has been stabilized. The SWPPP shall be available on the job-site upon request and shall be updated for changes as specified. The SWPPP shall be submitted for each phases indicated below:

a. Phase I: Initial Perimeter Controls. Temporary access to each construction site shall be rocked to prevent traffic from tracking soils from disturbed areas. Initial perimeter controls shall be

01 57 20.00 25-11 constructed after clearing and prior to any grubbing of the site.

Construct sediment and erosion control measures such as silt fences, ditches, benches, and berms to keep fine sand sized sediments on site.

Sediment control measures shall have the capacity to contain fine sand sized sediments generated from runoff caused by a 5 year storm event.

Initial controls shall be maintained and remain in place until replaced by permanent stabilization practices. Work areas not initially needed shall not be cleared. Clearing shall progress in reasonably sized increments. The Contractor shall institute effluent quality monitoring programs as required by state and local environmental agencies and institute measures required by area-wide plans approved under Section 208 of the Clean Water Act.

b. Phase II: Sediment and Erosion Controls During Construction.

Structural measures and stabilization practices such as temporary drains, temporary channel linings, temporary erosion control vegetation establishment, silt fencing, mulching, diversions, settling structures and sump pumps shall be constructed in incremental stages as construction progresses. Side slopes and back slopes shall be protected as soon as practicable upon completion of rough grading or stockpiling. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils.

c. Phase III: Final Site Stabilization. Final site stabilization measures such as permanent erosion control vegetation establishment, channel linings, and outlet protection shall be constructed. Until final controls become effective, temporary measures shall remain in place.

d. Minimum Monitoring and Reporting. Minimum monitoring and reporting shall include:

All storm water management and erosion control measures shall be inspected daily. Inspection form is attached.

e. The Contractor shall keep a record of inspections. Uncontrolled releases of mud or muddy water shall be recorded with a brief explanation as the measures to be taken to prevent future releases.

This record shall be available upon request and submitted once per year.

f. Situational changes to measures in response to weather or construction activities shall be implemented by verbal approval and documented by submittal using pencil changes to the current SWPPP, noting the circumstances for the change. The ESCP and implementation of phased measures, including situational changes, monitoring, and record keeping shall be accomplished at no additional cost to the Government.

3.2.5 Contractor Facilities and Work Areas

The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities shall be made only when approved. Erosion and sediment controls shall be provided for on-site borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas shall be controlled to protect adjacent areas. Staging areas will be located a minimum of 50 feet and, 01 57 20.00 25-12 where pratical, 200 feet from waters of the state, including wetlands.

3.3 PROTECTION OF WATER RESOURCES

3.3.1 General

No water courses shall be polluted or have existing pollution contributed to with any petroleum products, fuels, oils, lubricants, bitumens, sandblast grit, paint chips, calcium chloride, insecticides, herbicides, or other toxic materials harmful to life. Chemical emulsifiers, dispersants, coagulants, or other cleanup compounds shall not be used without prior written approval. Compliance with State water quality standards and conditions of any permits and clearances obtained for the work is the Contractor's responsibility.

3.3.2 Erosion Control

Surface drainage from cuts and fills, whether or not completed, and from borrow and material deposit areas shall be held in sedimentation ponds or the areas shall be graded to control erosion within acceptable limits.

Temporary erosion and sediment control measures such as seeding,…