10b4-am3.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 3

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

AM-0003 19 Aug 10

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

Contracting Division USAED, Honolulu, Bldg 230 Ft Shafter, HI 96858-5440

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) (x) 9A. AMENDMENT OF SOLICITATION NO.

W9128A-10-B-0004 X

9B. DATED (SEE ITEM 11)

7/1/10

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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 Offers [ X ] is extended, [ ] is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning __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 ACKNOWLEDGEMENT 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.

(x) 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.)

FY08 MCA PN57415 Tactical Vehicle Wash Facility, Kahuku Training Area, Oahu Hawaii

See Page 2 of 2 Pages

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

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

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

RFP No. W9128A-10-B-0004 Standard Form 30 Amendment No. AM-0003 Page 2 of 3 Pages Item No. 14 (Continued)

CHANGES TO THE SOLICITATION. Attached hereto are new pages to the solicitation. The revision marked “(AM-0003)” is shown on each page.

1. NEW PAGES: Following are new pages to the solicitation:

Section 00900 – 00900-1

2. CHANGES TO SPECIFICATIONS. Attached hereto are new and revised pages and sections to the specifications.

The revision mark "(Am-0003)" is shown on each page.

A. REVISED PARAGRAPHS. The following are revised paragraphs to the specifications. Changes are indicated in bold. The following are new, revised, and deleted paragraphs to the specification.

Section 01 33 00 – paragraphs: 3.2 Section 01 57 20 – paragraphs: 3.1.2 and 3.5.5.c Section 03 40 00.00 10 – paragraphs: 1.2.1, 1.2.2 Section 06 82 14 – paragraph: 1.5.2 Section 13 48 00 – paragraph: 1.3 Section 31 00 00 – paragraphs: 1.2.10, 1.2.11, 1.3, 2.3, 2.4, 3.4.1, 3.4.2, 3.12.1, and 3.14 Section 31 05 19 – paragraphs: 1.2, 1.5.1, and 3.3 Section 32 13 13.06 – paragraph: 3.7.5 Section 32 13 73 – paragraph: 1.3 Section 32 16 13 – section title, paragraphs: 2.4.1, 2.6.2, 3.1.2, 3.2.2, 3.4, 3.4.1, 3.4.2, 3.6, 3.6.1, and 3.6.2 Section 32 31 13.53 – paragraphs: 2.5.1 and 3.5 Section 33 16 15 – paragraphs: 1.3, 2.1.3, 2.2.1.5, and 2.2.1.6 Section 33 20 00 – paragraph: 2.2.1 Section 33 40 00 – paragraphs: 3.2 and 3.2.1 Section 40 05 13 – paragraphs: 1.1, 2.3.4, 2.10.7, and 2.11.4 Section 44 42 53 – paragraphs: 1.3, 2.1.1.2, 2.2, 2.2.8, 2.3, 2.4.1, and 2.7.2 Section 44 43 00 – paragraphs: 2.4.1 and 2.4.2 Section 44 43 13.17 – paragraphs: 2.4.1 and 2.4.3 Section 44 46 00 – paragraphs: 2.2.1 and 2.2.4

B. NEW PAGES. The following pages are added to the specification:

Section 01 57 20 – Pages: NPDES Application

C. DELETED PAGES. The following pages are deleted from the specifications:

None

3. CHANGES TO DRAWINGS

A. REVISED DRAWINGS (NOT ISSUED). Following are revisions made to drawings listed. These revised drawings will not be issued with this amendment but will be furnished to the successful bidder at the time of award of the Contract.

RFP No. W9128A-10-B-0004 Standard Form 30 Amendment No. AM-0003 Page 3 of 3 Pages Item No. 14 (Continued)

B. REVISED DRAWINGS (ISSUED). The following revised drawings replace like-numbered drawings and are issued herewith:

REV

RING NO. DRAWING NO. SHEET NO. LTR REVISION DATE

REV RING NO. DRAWING NO. SHEET NO. LTR REVISION DATE

149-62-002 3

B2, B3, AND

C1 03 August 2010

149-62-002 11 A2 AND A4 03 August 2010

149-62-002 27

A5 AND

D3 03 August 2010

149-62-002 30 B2 AND C3 03 August 2010 149-62-002 31 A2 03 August 2010 149-62-002 59 B4,B5 AND C1 03 August 2010 149-62-002 62 D1 03 August 2010 149-62-002 63 C1 AND D5 03 August 2010 149-62-002 64 C1 AND C5 03 August 2010 149-62-002 65 A5 03 August 2010 149-62-002 66 C4 03 August 2010

149-62-002 68 A2, A4, B3, C3, C4, AND C5

03 August 2010

149-62-002 75 C1, C2, D1, D2, D4 AND

D5

03 August 2010

149-62-002 81 A1, A2 AND B1 03 August 2010 149-62-002 83 B2 03 August 2010 149-62-002 97 A4 03 August 2010 149-62-002 98 D1 03 August 2010 149-62-002 103 D1 03 August 2010

C. NEW DRAWINGS. The following new drawings are issued herewith:

D. DELETED DRAWINGS. The following drawings previously issued are deleted in their entirety:

4. The bid opening date is EXTENDED to August 25, 2010, 10:00 A.M., Hawaiian Standard Time.

IFB No. W9128A-10-B-0004

SECTION 00900

Questions and Answers FY08 MCA PN57415 Tactical Vehicle Wash Facility, Kahuku Training Area, Oahu, Hawaii

Amendments Q # Question Answer

We currently are supplying water reclaim equipment to various bases here in he US for 100% reclaim and reuse of the water used in this same type of wash systems currently being built. Will you accept an equal to the Reclaim system currently being proposed for this project. No.

Kahuku Tactical Vehicle Wash Rack System. On “Testing” Section 44 42 53 page 12 par 3.3.3, 3.3.3.1, 3.3.3.2, 3.3.3.3. and 3.3.3.4 My question: If I propose a SU2215 10ppm UL listed Oil water Separator that has STI (Steel Tank Institute) independent Engineer design and a 3rd party testing with the SU2215 10ppm label, will the document of the testing be acceptable and not be subject to the above Section on “Testing”.

No. Contractor will be required to comply with the specifications and drawings.

Is there fire sprinkler scope on this project? It is not indicated on plans & specs. No.

Is there termite control scope on this project? It is not indicated on plans & specs. No.

Section 44 42 53 page 5 par. SD-05 Design data, submitting a structural calculation for anchor bolt design, signed by a Hawaii licensed structural engineer will bring the cost of the oil water separator and we as a supplier has to pay up front to get a cost and we have not even been awarded the job. See Amendment 0003.

Section 44 42 53 page 9 par. 2.3 the oil water separator is a 500 GPM and the spec is asking for the inlet with a 45 minute retention time. That will bring the compartment up to 22,500 gallon capacity. Is this correct? A typical is 10 minute retention time. See Amendment 0003.

00900-1

AM-0003

TACTICAL VEHICLE WASH FACILITY, KAHUKU TRAINING AREA, OAHU, HI PN 057415

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 DEFINITIONS

1.1.1 Submittal Descriptions (SD)

1.1.2 Approving Authority

1.1.3 Work

1.2 SUBMITTALS

1.3 SUBMITTAL CLASSIFICATION

1.3.1 Government Approved

1.3.2 Information Only

1.4 APPROVED/ACCEPTED SUBMITTALS

1.5 WITHHOLDING OF PAYMENT

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 SUBMITTAL REGISTER

3.2 SCHEDULING

3.3 TRANSMITTAL FORM

3.3.1 Numbering

3.4 SUBMITTAL PROCEDURE

3.4.1 Procedures

3.4.2 Variations / Substitution Requests

3.4.2.1 Considering Variations

3.4.3 Proposing Variations

3.4.4 Warranting That Variations Are Compatible

3.4.5 Review Schedule Is Modified

3.5 CONTROL OF SUBMITTALS

3.5.1 Monthly Updates of Submittal Register

3.6 GOVERNMENT APPROVAL

3.7 INFORMATION ONLY SUBMITTALS

3.8 STAMPS

-- End of Section Table of Contents --

SECTION 01 33 00 Page 1 (Am-0003)

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the respective sections.

Units of weights and measures used on all submittals are to be the same as those used in the contract drawings.

Each submittal is to be complete and in sufficient detail to allow ready determination of compliance with contract requirements.

Contractor shall check and approve all items prior to submittal and stamp, sign, and date indicating action taken. Proposed deviations from the contract requirements are to be clearly identified. Include within submittals items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders;

samples; O&M manuals (including parts list); certifications; warranties;

and other such required submittals.

Submittals requiring Government approval are to be scheduled and made prior to the acquisition of the material or equipment covered thereby. Samples remaining upon completion of the work shall be picked up and disposed of in accordance with manufacturer's Material Safety Data Sheets (MSDS) and in compliance with existing laws and regulations.

1.1 DEFINITIONS

1.1.1 Submittal Descriptions (SD)

Submittals requirements are specified in the technical sections.

Submittals are identified by Submittal Description (SD) numbers and titles as follows:

SD-01 Preconstruction Submittals

Submittals required prior to the start of the next major phase of the construction on a multi-phase contract. Schedules or tabular list of data or tabular list including location, features, or other pertinent information regarding products, materials, equipment, or components to be used in the work, submitted prior to next major phase of construction.

List of proposed subcontractors Network Analysis Schedule (NAS) Submittal register Schedule of prices Accident Prevention Plan Quality control(QC) plan Environmental protection plan

SECTION 01 33 00 Page 2

SD-02 Shop Drawings

Drawings, diagrams and schedules specifically prepared to illustrate some portion of the work.

Diagrams and instructions from a manufacturer or fabricator for use in producing the product and as aids to the Contractor for integrating the product or system into the project.

Drawings prepared by or for the Contractor to show how multiple systems and interdisciplinary work will be coordinated.

SD-03 Product Data

Catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of materials, systems or equipment for some portion of the work.

Samples of warranty language when the contract requires extended product warranties.

SD-06 Test Reports

Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accordance with specified requirements. (Testing must have been within three years of date of contract award for the project.)

Report which includes findings of a test required to be performed by the Contractor on an actual portion of the work or prototype prepared for the project before shipment to job site.

Report which includes finding of a test made at the job site or on sample taken from the job site, on portion of work during or after installation.

Investigation reports.

Daily logs and checklists.

Final acceptance test and operational test procedure.

SD-07 Certificates

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

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

Confined space entry permits.

SECTION 01 33 00 Page 3

Text of posted operating instructions.

SD-08 Manufacturer's Instructions

Preprinted material describing installation of a product, system or material, including special notices and Material Safety Data sheets concerning impedances, hazards and safety precautions.

1.1.2 Approving Authority

Office or designated person authorized to approve submittal.

1.1.3 Work

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

1.2 SUBMITTALS

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

submittals not having a "G" designation are for Contractor QC or Designer of Record approval. Submit the following in accordance with this section.

SD-01 Preconstruction Submittals

Submittal register; G Monthly Updates

Four copies of the completed Submittal Register.

One copy of the monthly update shall be submitted together with the monthly progress payment requests.

1.3 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

1.3.1 Government Approved

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer.

Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings."

1.3.2 Information Only

Submittals not requiring Government approval will be for information only.

1.4 APPROVED/ACCEPTED SUBMITTALS

The Contracting Officer's approval or acceptance of submittals is not to be construed as a complete check, and indicates only that the general method of construction, materials, detailing and other information appear to meet the Solicitation. Approval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor

SECTION 01 33 00 Page 4 under the Contractor Quality Control (CQC) requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved or accepted by the Contracting Officer, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

1.5 WITHHOLDING OF PAYMENT

Payment for materials incorporated in the work will not be made if required approvals have not been obtained.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 SUBMITTAL REGISTER

Use the government-provided software, QCS (see Section 01 45 01.10), to create the Submittal register. Complete the columns labeled: Activity Number, Transmittal Number, and Contract Schedule Dates on the submittal resister form.

The completed Submittal Register shall be submitted to the Contracting Officer for approval within 30 calendar days after Notice to Proceed. The submit dates and need dates in the submittal register shall be coordinated with the dates in the Contractor's progress schedule. Updates to the Submittal Register showing the Contractor action codes and actual submittal dates with Government action codes and action dates shall be submitted monthly together with the monthly payment request, or until all submittals have been satisfactory completed. When the progress schedule is revised, the submittal register shall also be revised and both resubmitted for approval. The approved submittal register will serve as a scheduling document for submittals and will be used to control submittal actions throughout the contract period.

3.2 SCHEDULING

Schedule and submit concurrently submittals covering component items forming a system or items that are interrelated. Include certifications to be submitted with the pertinent drawings at the same time. Adequate time (minimum of 30 calendar days exclusive of mailing time) shall be allowed and shown on the register for review and approval by the Government. No delay damages or time extensions will be allowed for time lost in late submittals. An additional 15 calendar days will be allowed and shown on the register for review and approval of submittals for food service equipment and refrigeration and HVAC control systems.

a. Coordinate scheduling, sequencing, preparing and processing of submittals with performance of work so that work will not be delayed by submittal processing. Allow for potential resubmittal of requirements.

b. Submittals called for by the contract documents will be listed on the register. If a submittal is called for but does not pertain to the contract work, the Contractor is to include the submittal in the register and annotate it "N/A" with a brief explanation.

Approval by the Contracting Officer does not relieve the Contractor of supplying submittals required by the contract

SECTION 01 33 00 Page 5 documents but which have been omitted from the register or marked "N/A".

c. Re-submit register and annotate monthly by the Contractor with actual submission and approval dates. When all items on the register have been fully approved, no further re-submittal is required.

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

3.3 TRANSMITTAL FORM

A transmittal form (ENG Form 4025) shall be used for submitting all types of submittals. The Contractor shall use the government provided software, QCS (see Section 01 45 01.10), to create the Eng Form 4025. A separate transmittal form shall be used for each specification section. This form shall be properly completed by filling out all the heading blank spaces and identifying each item submitted. Special care shall be exercised to ensure proper listing of the specification paragraph and/or sheet number the contract drawings pertinent to the date submitted or each item.

3.3.1 Numbering

Transmittals will be automatically numbered by QCS. The transmittal number will consist of 2 parts, the specification number and the sequence number, e.g. 01330-001. Each specification section will begin with the sequence number, 001. Resubmittals will be identified by a decimal number appended to the original transmittal number, e.g. 01330-001.1, will identify resubmittals.

3.4 SUBMITTAL PROCEDURE

Submittals shall be made as follows:

3.4.1 Procedures

Establish procedures for purchasing materials and equipment, subcontracting, and processing of shop drawings, outlining the responsibilities at each level to insure that adequate review and approval, timely delivery, verification of procedures and proper storage are provided. Delays in the review and approval process shall not be given consideration for a time extension or additional cost, when such delays are the result of the Contractor's late submittal or failure to provide proper submittals; or make corrections in compliance with the contract documents or the Contracting Officer's comments; or provide a resubmittal because if an unacceptable original submittal.

Submittals to the Contracting Officer are required in the number of copies identified in paragraphs GOVERNMENT APPROVAL and INFORMATION ONLY SUBMITTALS and shall be submitted to:

U.S. Army Corps of Engineer District, Honolulu Schofield Barracks Area Office Bldg 230 Fort Shafter, Hawaii 96858-5440

SECTION 01 33 00 Page 6

3.4.2 Variations / Substitution Requests

Variations from contract requirements require Government approval pursuant to contract Clause FAR 52.236-21 and will be considered where advantageous to Government.

3.4.2.1 Considering Variations

Discussion with Contracting Officer prior to submission will help ensure functional and quality requirements are met and minimize rejections and re-submittals. When contemplating a variation which results in lower cost, consider submission of the variation as a Value Engineering Change Proposal

(VECP).

Specifically point out variations from contract requirements in transmittal letters. Failure to point out deviations may result in the Government requiring rejection and removal of such work at no additional cost to the Government.

3.4.3 Proposing Variations

When proposing variation, deliver written request to the Contracting Officer, with documentation of the nature and features of the variation and why the variation is desirable and beneficial to Government. If lower cost is a benefit, also include an estimate of the cost savings. In addition to documentation required for variation, include the submittals required for the item. Clearly mark the proposed variation in all documentation.

Check the column "variation" of ENG Form 4025 for submittals which include proposed deviations requested by the Contractor. Set forth in writing the reason for any deviations and annotate such deviations on the submittal.

The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations.

3.4.4 Warranting That Variations Are Compatible

When delivering a variation for approval, Contractor warrants that this contract has been reviewed to establish that the variation, if incorporated, will be compatible with other elements of work.

3.4.5 Review Schedule Is Modified

In addition to normal submittal review period, a period of 10 working days will be allowed for consideration by the Government of submittals with variations.

3.5 CONTROL OF SUBMITTALS

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

3.5.1 Monthly Updates of Submittal Register

Monthly updates of the initially accepted Submittal Registers, shall be submitted in duplicate at the time the monthly progress payment is requested and be current to within one (1) week of the date of submission.

When a monthly payment is not being requested, the update shall be

SECTION 01 33 00 Page 7 submitted on the 15th of each month or the workday closest to the 15th. If the Contractor fails to provide the Government acceptable initial submittal registers or monthly updates within the specified time frames, the Government may issue a stop work order and/or withhold a portion of pending progress payments due to non-performance. Any resulting cost or time loss to the Contractor due to such Government action shall not be subject to a claim for the time extensions, additional cost or for damages by the Contractor. Furnishing of the submittal registers by the Contractor and subsequent review/acceptance by the Government do not relieve the Contractor of the obligation to comply with all of the contract submittal requirements; for example, even if a required submittal was not originally listed on the initial register accepted by the Government, the Contractor will still be responsible for providing such submittal in accordance with the contract. The following shall be provided on the monthly updates to the initially accepted schedule:

a. Activity No., Transmittal No., and entries under other columns, as appropriate.

b. Distinguish those submittals which are VARIANCES, as appropriate.

c. Furnish a separate LISTING of required SUBMITTALS, together with the Government's review comments, and appropriate Contractor's status report on pending resubmittal actions.

d. Furnish a separate LISTING of SUBMITTALS provided by the Contractor to the Government; and another separate LISTING of SUBMITTALS returned by the Government to the Contractor, for the particular month the update is furnished.

3.6 GOVERNMENT APPROVAL

When approving authority is Contracting Officer, the Government will:

a. Note date on which submittal was received.

b. Review submittals for approval within scheduling period specified and only for conformance with project design concepts and compliance with contract documents.

c. Identify returned submittals with one of the actions defined in paragraph entitled "Review Notations" and with markings appropriate for action indicated.

Upon completion of review of submittals requiring Government approval, stamp and date approved submittals. 3 copies of the approved submittal will be retained by the Contracting Officer and 1 copy of the submittal will be returned to the Contractor.

3.7 INFORMATION ONLY SUBMITTALS

Normally submittals for information only will not be returned. Approval of the Contracting Officer is not required on information only submittals.

The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the Contracting Officer from requiring removal and replacement of nonconforming material incorporated in the work;

and does not relieve the Contractor of the requirement to furnish samples

SECTION 01 33 00 Page 8 for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

3.8 STAMPS

Stamps used by the Contractor on the submittal data to certify that the submittal meets contract requirements is to be similar to the following:

SECTION 01 33 00 Page 9

| CONTRACTOR |

| (Firm Name) | | _____ Approved | | _____ Approved with corrections as noted on submittal data and/or | | attached sheets(s) |

| SIGNATURE: __________________________________________________________ |

| TITLE: ______________________________________________________________ |

| DATE: _______________________________________________________________ |

-- End of Section --

SECTION 01 33 00 Page 10

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20

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 Land Application for Discharge Water

1.2.5 Surface Discharge

1.2.6 Waters of the United States

1.2.7 Wetlands

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 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.10 NOTIFICATION

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.1.1 Permits and Responsibilities

3.1.2 Hydrotesting Waters

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Erosion and Sediment Controls

3.2.4 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

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/Excess Hazardous Materials

SECTION 01 57 20 Page 1

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 MAINTENANCE OF POLLUTION FACILITIES

3.9 MILITARY MUNITIONS

3.10 TRAINING OF CONTRACTOR PERSONNEL

3.10.1 Environmental Compliance Assessment Training and Tracking

System (ECATTS)

3.10.1.1 Training Requirement

3.10.1.2 Training Certification

3.11 CONTAMINATED MEDIA MANAGEMENT

3.12 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

SECTION 01 57 20 Page 2

SECTION 01 57 20

ENVIRONMENTAL PROTECTION

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 (2008) Safety and Health Requirements Manual

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

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

33 CFR 328 Definitions of Waters of the United States

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 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.

SECTION 01 57 20 Page 3

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; and includes management of visual aesthetics; noise;

solid, chemical, gaseous, and liquid waste; as well as other pollutants.

1.2.3 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.

1.2.4 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.

1.2.5 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.

1.2.6 Waters of the United States

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

1.2.7 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.

1.3 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

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Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

1.4 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subContractors.

1.5 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.

1.6 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. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

The environmental protection plan.

Joint Condition Survey

1.7 ENVIRONMENTAL PROTECTION PLAN

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.

1.7.1 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

SECTION 01 57 20 Page 5 be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.7.2 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.

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, including site-specific Best Management Practices (BMP). 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. A Storm Water Pollution Prevention Plan (SWPPP) may be substituted for this 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. 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

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Contracting Officer and Facility Environmental Office 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. The plan shall contain a list of the required reporting channels and telephone numbers.

Emergency Spill Line: 656-1111 during normal working hours.

After wroking yours, notify the Installation On-Scene coordinator, Ms. Rhonda Suzuki 864-1457 Mr. Jim Rice 864-1438 Mr. Gary Akasaki 864-1001

(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.

j. 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 or tons along with the percent that was diverted.

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

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

SECTION 01 57 20 Page 7 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 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.

n. 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. 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.

1.7.3 Appendix

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

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 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.

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1.9 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.

1.10 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.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

The Contractor shall be responsible for obtaining and complying with all environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations.

3.1.1 Permits and Responsibilities

A National Pollutant Discharge Elimination System (NPDES) Notice of Intent for Stormwater Associated with Construction Activities is being prepared for submittal to the State of Hawaii Department of Health (DOH) for this project - see attached. A copy of the Notice of General Permit Coverage (NGPC) shall be provided later as part of a solicitation amendment.

In order to complete the NPDES permit process, the Contractor shall develop a Site-Specific Best Management Practices Plan (SSBMP), which meets the requirements of the DOH NPDES program. All required elements of the SSBMP may either be submitted as part of the Contractor's Environmental Protection Plan or as a separate Storm Water Pollution Prevention Plan.

The Contractor shall be responsible for the resolution of comments that the State DOH CWB may have regarding the SSBMP. The Contractor shall also complete a Solid Waste Disclosure Form for submission to the Office of Solid Waste Management.

The Contractor shall comply with all permit requirements applicable to the contract's construction activities as stipulated in the NGPC and required by the DOH as conditions of the permit. Although the term "permittee" references the U.S. Army Corps of Engineers in the NGPC, for contract purposes, the term "permittee" shall mean the Contractor.

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Construction cannot start until NPDES permitting requirements are completed. As specified in Section 342-11 Hawaii Revised Statutes (HRS), if the contract has any storm water discharge before a Notice of General Permit Coverage (NGPC) is issued, the permittee could face penalties of up to $25,000 per day per violation. The Contractor shall be responsible for paying any and all fines and/or penalties resulting from his failure to fully comply with Section 342-11 HRS and any other applicable State of Hawaii statutes.

The following documents contained in this section, or in a referenced appendix, are made a part of this contract. The Contractor shall comply with all permit requirements applicable to the contract's construction activities.

3.1.2 Hydrotesting Waters

Land application and evaporation of hydrotesting water is preferred.

Hydrotesting water shall be dechlorinated and applied in a manner to prevent flows into a stream or water body.

If discharging to a stream or water body, prepare and submit the Notice of Intent (NOI) and supporting documents, including water characterization, treatment plans, best management practices plans, filing fees, and other documentation as required, to ensure all permit requirements are designed, implemented, and monitored. Once the NPDES permit is obtained, comply with all permit conditions as stipulated in the NGPC. Although the term "permittee" references the U.S. Army Corps of Engineers in the NGPC, for contract purposes, the term "permittee" shall mean the Contractor.

Discharge of hydrotesting effluent cannot start until NPDES permitting requirements are completed. As specified in Section 342-D Hawaii Revised Statutes (HRS), if the contract has any discharge before a Notice of General Permit Coverage (NGPC) is issued, the permittee could face penalties of up to $25,000 per day per violation. The Contractor shall be responsible for paying any and all fines and/or penalties resulting from his failure to fully comply with Section 342-D HRS and any other applicable State of Hawaii statutes.

3.2 LAND RESOURCES

The Contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any construction, 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.