A.2.11.3.1_Am-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Kikiaola Light Draft Harbor Maintenance Dredging, Kauai, Hawaii

See continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128A17B0004

X 9B. DATED (SEE ITEM 11)

28-Jul-2017

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.

Am-0003

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

6. ISSUED BY

3. EFFECTIVE DATE

23-Aug-2017

CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128A17B0004 Am-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0003)” is shown on each revised page.

a. DELETED SECTIONS. The following sections are deleted in its entirety.

Section 01 57 20

b. REVISED SECTIONS. The following are revised pages to the solicitation. Changes are marked in bold or strikethrough.

Standard Form 1442 – Page 1 Section 00 72 00 – Page 4

c. NEW SECTIONS. The following are new pages to the solicitation.

Section 00 73 00, Appendix D – Requests For Information (#17 through 20) Section 01 57 20 (Revises Paragraph 1.7.2.r)

2. The bid opening date has been EXTENDED (see SF1442, Page 1, Block 13A).

Kikiaola Light Draft Harbor Maintenance Dredging, Kauai, Hawaii

X

COLIN K WAKI 808-835-4393

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

28-Jul-2017

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______7 calendar days and complete it within ________615 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 06 Sep 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX: TEL: TEL: FAX:

W9128A17B0004 2

(Am-0003)

W9128A-17-B-0004

Section 00 72 00 – Page 4

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 615 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,875 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.222-59 COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER 13673) (DEC 2016)

(a) Definitions. As used in this clause--

Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Agency labor compliance advisor (ALCA) means the senior official designated in accordance with E.O. 13673.

ALCAs are listed at www.dol.gov/fairpayandsafeworkplaces.

Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award ordecision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Civil judgment means any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

DOL Guidance means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also

Kikiaola Light Draft Harbor Maintenance Dredging, Kauai, Hawaii W9128A‐17‐B‐0004

RFI # Question Issued Response 17 There is no bid quantity for dredging on the bid schedule form. We request that base bid quantity be provided so all contactors are basing their bid on equal quantity so both the government and all bidder are clear on the magnitude of the work.

As noted on Sheet CS103 of the project drawings, the hydrographic survey was completed in January 2016, and additional shoaling may have occurred between that time and the start of construction. It is the bidder's responsibility to determine the bid quantity based on the latest survey and potential shoaling since that time.

18 Specification section 01 57 20, 1.7.2.r. states: ”A Water Quality Monitoring Plan that will address, at a minimum, sampling frequency and locations ….”.

Please confirm that a Water Quality Plan is required. If it is required, please provide the parameters for the water quality program including the following:

a. Preconstruction Monitoring

i. Number of monitoring locations.

ii. Duration and frequency of preconstruction monitoring.

iii. Define what constituents are required to be monitored. Is it strictly monitoring turbidity levels?

b. During Construction Monitoring

i. Number of monitoring locations.

ii. Duration and frequency of preconstruction monitoring.

iii. Define what constituents are required to be monitored. Is it strictly monitoring turbidity levels?

c. Post Construction Monitoring

i. Number of monitoring locations.

ii. Duration and frequency of preconstruction monitoring.

iii. Define what constituents are required to be monitored. Is it strictly monitoring turbidity levels?

We need this information in order to prepare pricing for the Water Quality Monitoring program.

Please see refer to Section 01 57 20, Paragraph 1.7.2.r. (as amended by this Am-0003).

19 Also, please provide how the contractor will be compensated for any delays due to encountering ESA-listed species since this is an unknown quantity.

Alternatively, please provide number of work hours contractor should allow in the pricing for work interruptions due to encountering ESA-listed species.

All bidders should be aware of the possibility of encountering Hawaiian monk seals, Green sea turtles, Hawksbill sea turtles, or other ESA-listed species during contract performance. The Federal Acquisition Regulation (FAR) and its supplements provide a process for a contractor to request compensation when circumstances warrant.

20 CLIN 0002 Dredging has a quantity of 1 Job. Please advise how the contractor will be compensated if additional material beyond the volume indicated in the drawings is identified from the pre-dredge survey.

Please see response for RFI# 17.

Section 00 73 00, Appendix D (Am‐0003)

KIKIAOLA DREDGING KIKIAOLA1

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 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.9.1 Asbestos Prohibition

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.11 NOTIFICATION

1.12 EROSION CONTROL SPECIALIST

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.1.1 Permits and Responsibilities

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

3.3.1 Dewatering Operations

3.3.2 Stream Crossings

3.4 AIR RESOURCES

3.4.1 Particulates

3.4.2 Odors

3.4.3 Sound Intrusions

3.4.4 Burning

SECTION 01 57 20 Page 1

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

3.5.4 Fuel and Lubricants

3.5.5 Waste Water

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT

3.8 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.9 BIOLOGICAL RESOURCES

3.10 PREVIOUSLY USED EQUIPMENT

3.11 MAINTENANCE OF POLLUTION FACILITIES

3.12 TRAINING OF CONTRACTOR PERSONNEL

3.12.1 Sediment and Stormwater Construction Trainings

3.12.1.1 Training Requirement

3.12.1.2 Training Certification

3.12.1.3 Training Certificates

3.12.1.4 Quarterly Staff Environmental Compliance Training

3.13 INSPECTIONS

3.14 CONTAMINATED MEDIA MANAGEMENT

3.15 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)

WETLANDS DELINEATION MANUAL (1987) Corps of Engineers Wetlands Delineation Manual

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

49 CFR 171 - 178 Hazardous Materials Regulations

STATE OF HAWAII, DEPARTMENT OF HEALTH, HAWAII ADMINISTRATIVE RULES

(DOH HAR)

DOH HAR 11-54 Water Quality Standards

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction.

The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

SECTION 01 57 20 Page 3

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

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

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

1.4 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subContractors.

SECTION 01 57 20 Page 4

1.5 PAYMENT

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

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

1.6 SUBMITTALS

Government approval/acceptance is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. The following shall be submitted in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

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 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:

SECTION 01 57 20 Page 5

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), qualifications (in resume format), duties, responsibilities, and authorities of the Erosion Control Specialist

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

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

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

f. 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, at a minimum, a description of the materials to be used, how they will be installed and maintained, measures to be taken during removal of the devices, and 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) which includes the BMP may be substituted for this plan.

g. 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.

h. 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.

i. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan shall include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

j. Drawing showing the location of borrow dredging and dredge material placement areas.

k. A Spill Control plan to 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. his individual shall immediately notify the Contracting Officer and the local Fire Department in addition to

SECTION 01 57 20 Page 6 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.

Provide notification to the State, City, National Response Center or media as directed by the Contracting Officer.

(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.

(7) The Contractor shall have a site specific Spill Prevention Control and Countermeasure (SPCC) Plan current to its construction operations and activities.

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

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

(2) Evidence of the disposal facility's acceptance of the solid waste must be attached to this plan during the construction.

Attach a copy of each of the Non-hazardous Solid Waste Diversion Reports to the disposal plan. Submit the report for the previous month on the first working day after the first month that non-hazardous solid waste has been disposed and/or diverted.

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

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

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

SECTION 01 57 20 Page 7

n. 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.

o. 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 detailed 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. Update the plan as new hazardous materials are brought onsite or removed from the site.

p. 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 dewatering of dredge material. If a dewatering basin is required, the plan shall include the design of the basin 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.

q. 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.

r. A Water Quality Monitoring Plan that will describe the means and methods to assess, maintain, and improve when needed, the effectiveness of best management practices to prevent negative impacts to water quality. Inspect BMPs on a daily basis to ensure they are in good working order. Inspect BMPs prior to, during, and after each work day and maintain a record of all inspections including dates, times, and digital photo documentation. At a minimum, use visual and olfactory indicators when inspecting the BMPs. Document any corrective actions that a re implemented to maintain the effectiveness of the BMPs.

s. A Storm Water Pollution Prevention Plan (SWPPP) 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 Federal, State, and local laws and regulations. Provide a cover sheet that includes the following certification statement, signed by an authorized representative of the contractor.

SECTION 01 57 20 Page 8

"I certify that:

The Storm Water Pollution Prevention Plan (SWPPP) was prepared in accordance with HAR, Chapter 11-55, Appendix C, Section 7.

(Enter Contractor name) will comply with all terms, conditions, and requirements in HAR Chapter 11-55, Appendix C.

(Enter Contractor name) will implement, operate, and maintain the SWPPP to ensure that storm water discharges associated with construction activities will not violate HAR, Chapter 11-54; HAR, Chapter 11-55; and HAR, Chapter 11-55, Appendix C."

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 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.

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

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

1.9.1 Asbestos Prohibition

All materials used shall be asbestos free (not contain any detectable amount of asbestos).

1.10 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.

SECTION 01 57 20 Page 9

1.11 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. 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 will 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.

1.12 EROSION CONTROL SPECIALIST

Retain an Erosion Control Specialist who is a certified professional in erosion and sediment control (CPESC), a certified professional in storm water quality (CPSQWQ), a licensed forester, or a professional engineer with erosion and sediment control certification. This individual shall develop the site specific best management practices. The specialist shall have experience in selecting, constructing, and inspecting storm water best management practices already defined.

The Erosion Control Specialist shall receive direction and authority from the CQC System Manager and serve as a member of the CQC staff. The specialist shall inspect BMP monthly and after storm events (see Section 01 57 23 STORM WATER POLLUTION PREVENTION MEASURES paragraph Inspections).

PART 2 PRODUCTS (NOT APPLICABLE)

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.

This paragraph supplements the Contractor's responsibility under the contract clause "PERMITS AND RESPONSIBILITIES" to the extent that the Government will obtain the National Pollutant Discharge Elimination System (NPDES) Notice of General Permit Coverage (NGPC) for Discharges of Storm Water Associated with Construction Activities. The Contractor shall familiarize itself with the requirements of HAR Chapter 11-55, Appendix C and shall comply with it along with the terms and conditions of the attached NGPC at the end of this section. 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

The Notice of General Permit Coverage (NGPC), for Discharges of Stormwater Associated with Construction Activities has been acquired by the Government and is attached to the end of this specification. The NGPC documents are part of this contract. The Contractor shall comply with all

SECTION 01 57 20 Page 10 permit requirements applicable to the contract's construction activities.

The Contractor may use the attached SWPPP as a basis for the contractor's SWPPP submittal. The Contractor shall monitor construction activities and modify the SWPPP as needed to ensure continued compliance with the permit and to prevent impacts to water quality. Modifications to the SWPPP shall be documented in accordance with the regulations, and is subject to the approval by the COR.

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. The permittee could face penalties of up to $25,000 per day per violation for failure to comply with any of the provisions of the HAR Chapter 11-55, Appendix C. 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 Contractor shall also complete a Solid Waste Disclosure Form for submission to the Office of Solid Waste Management.

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 from the Contracting Officer. 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. Stone, soil, or other materials displaced into uncleared areas shall be removed by the Contractor.

3.2.1 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 which 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.

3.2.2 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 inside or outside the limits of the approved work area, to their original (preconstruction) condition.

SECTION 01 57 20 Page 11

3.2.3 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 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 as specified in Section 01 57 23 STORM WATER POLLUTION PREVENTION MEASURES.

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. The Contractor's best management practices shall also be in accordance with the National Pollutant Discharge Elimination System Storm Water Pollution Prevention Plan. Any temporary measures shall be removed after the area has been stabilized.

3.2.4 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.

3.3 WATER RESOURCES

The Contractor shall monitor construction activities to prevent pollution of surface and ground waters. Toxic or hazardous chemicals shall not be applied to soil or vegetation unless otherwise indicated. All water areas affected by construction activities shall be monitored by the Contractor.

The Contractor's environmental protection plan shall describe his scheme for minimizing construction-related turbidity in nearshore waters.

Construction-related turbidity at the project sites shall be controlled so as to meet Hawaii State Water Quality Standards (WQS) ( DOH HAR 11-54 ) for the type and class of waters in which the project is located. Effective silt containment devices shall be deployed to isolate the construction activity, to minimize the transport of potential pollutants, and to avoid the potential degradation of receiving water quality and the marine ecosystem. Periodic monitoring shall be conducted immediately outside the silt containment devices and at control stations to verify that WQS are not being exceeded due to project construction. In-water construction shall be curtailed during sea conditions that are sufficiently adverse to render the silt containment devices ineffective. If monitoring indicates that the turbidity standard is being exceeded due to construction activities, the Contractor shall suspend the operations or operations causing excessive turbidity levels until the condition is corrected. Such suspension shall not form the basis for a claim against the Government.

3.3.1 Dewatering Operations

Construction operations for dewatering shall be controlled at all times to

SECTION 01 57 20 Page 12 maintain compliance with existing State water quality standards and designated uses of the surface water body. The Contractor shall comply with the State of Hawaii water quality standards.

3.3.2 Stream Crossings

Stream crossings shall allow movement of materials or equipment without violating water pollution control standards of the Federal, State, and local governments.

3.4 AIR RESOURCES

Equipment operation, activities, or processes performed by the Contractor shall be in accordance with all Federal and State air emission and performance laws and standards.

3.4.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; shall be controlled at all times, including weekends, holidays and hours when work is not in progress. The Contractor shall maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling or other methods designated by the Contracting Officer's Representative will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times.

The Contractor must have sufficient, competent equipment available to accomplish these tasks. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. The Contractor shall comply with all State and local visibility regulations

3.4.2 Odors

Odors from construction activities shall be controlled at all times. The odors shall not cause a health hazard and shall be in compliance with State regulations and/or local ordinances.

3.4.3 Sound Intrusions

The Contractor shall keep construction activities under surveillance and control to minimize environment damage by noise. The Contractor shall comply with the provisions of the State of Hawaii rules.

3.4.4 Burning

Burning is prohibited.

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes shall be as directed below, unless otherwise specified in other sections and/or shown on the drawings.

3.5.1 Solid Wastes

Solid wastes (excluding clearing debris) shall be placed in containers

SECTION 01 57 20 Page 13 which are emptied on a regular schedule. No debris shall be allowed to overflow containers or be allowed to accumulate in the vicinity of the containers. Handling, storage, and disposal shall be conducted to prevent contamination. Segregation measures shall be employed so that no hazardous or toxic waste will become co-mingled with solid waste. The Contractor shall transport solid waste off the site and dispose of it in compliance with Federal, State, and local requirements for solid waste disposal. The Contractor shall verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate.

The Contractor shall comply with site procedures and Federal, State, and local laws and regulations pertaining to the use of landfill areas.

3.5.2 Chemicals and Chemical Wastes

Chemicals shall be dispensed ensuring no spillage to the ground or water.

Periodic inspections of dispensing areas to identify leakage and initiate corrective action shall be performed and documented. This documentation will be periodically reviewed by the Government. Chemical waste shall be collected in corrosion resistant, compatible containers. Collection drums shall be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes shall be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

3.5.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261 , or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178 . The Contractor shall, at a minimum, manage and store hazardous waste in compliance with 40 CFR 262 and shall manage and store hazardous waste in accordance with the hazardous waste management plan.

The Contractor shall take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. The Contractor shall segregate hazardous waste from other materials and wastes, shall protect it from the weather by placing it in a safe covered location, and shall take precautionary measures such as berming or other appropriate measures against accidental spillage. The Contractor shall be responsible for storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178 , State, and local laws and regulations. The Contractor shall transport Contractor generated hazardous waste off the site within 60 days in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. The Contractor shall dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials shall be immediately reported to the Contracting Officer. Cleanup and cleanup costs due to spills shall be the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility.

3.5.4 Fuel and Lubricants

Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spill and evaporation. Fuel, lubricants and oil shall be managed and stored in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded shall be stored in marked corrosion-resistant containers and recycled or disposed in accordance with 40 CFR 279 , State, and local laws and regulations. There

SECTION 01 57 20 Page 14 shall be no storage of fuel on the project site. Fuel must be brought to the project site each day that work is performed. Fueling of project related vehicles and equipment will take place at least 50 feet away from the water, preferably over an impervious surface.

3.5.5 Waste Water

Disposal of waste water shall be as follows:

Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. shall not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. The Contractor shall dispose of the construction related waste water off the site in accordance with all Federal, State, Regional and Local laws and regulations.

3.6 RECYCLING AND WASTE MINIMIZATION

The Contractor shall participate in State and local government sponsored recycling programs. The Contractor is further encouraged to minimize solid waste generation throughout the duration of the project.

3.7 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT

The Contractor shall maintain an inventory of non-hazardous solid waste diversion and disposal of construction and demolition debris. The Contractor shall submit a report to the Contracting Officer on the first working day of each month, starting the first month that non-hazardous solid waste has been generated. The following shall be included in the report:

a. Construction and Demolition (C&D) Debris Disposed in cubic yards or tons, as appropriate.

b. Construction and Demolition (C&D) Debris Recycled in cubic yards or tons, as appropriate.

c. Total C&D Debris Generated in cubic yards or tons, as appropriate.

d. (DELETED)

3.8 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

Known existing historical, archaeological, and cultural resources have been identified in proximity to the Contractor's work area. An archaeological monitor, provided by the Contractor, shall be present for all on-shore ground disturbance.