Am0002.pdf

Am #0002 - 1

DEPARTMENT OF THE ARMY

Omaha District, Corps of Engineers 1616 Capitol Avenue Omaha, Nebraska 68102-4901

:NOTICE: Failure to acknowledge : Solicitation No. W9128F 16 B 0004 :all amendments may cause rejec- :

:tion of the bid. See FAR : Date of Issue: 28 Jan 2016 :52.214-3 of Section 00 21 00 : Date of Opening: 08 Mar 2016

Amendment No. 0002 26 February 2016

SUBJECT: Amendment No. 0002 to Specifications and Drawings for Construction of Sewage Lagoon Rehab, Garrison Dam, ND Solicitation No. W9128F 16 B 0004.

TO: Prospective Bidders and Others Concerned

1. The specifications and drawings for subject project are hereby modified as follows (revise all specification indices, attachment lists, and drawing indices accordingly).

a. Specifications. (Descriptive Changes.)

(1) Section 01 11 00 Page 1, paragraph 1.3, delete “approximately

3000 cubic yards of sludge from two (2) ea. sewage lagoons (total 6000 CY's)” and substitute “approximately 1600 dry tons of sludge and 10300 cubic yards of soil above and below the existing PVC liner from two (2) ea. sewage lagoon cells”.

b. Specifications (New and/or Revised and Reissued). Delete and substitute or add specification pages as noted below. The substituted pages are revised and reissued with this amendment.

Pages Deleted Pages Substituted or Added

00 10 00 pages 3 and 4 00 10 00 pages 3 and 4

01 12 00 Construction General 01 12 00 Construction General

---- 01 22 00 Measurement and Payment

SECTION 01 57 20.00 10 SECTION 01 57 20.00 10

Environmental Protection Environmental Protection (Attachment remains unchanged)

c. Drawings (Reissued). The following drawings are revised with latest revision date of 26 February 2016, and reissued with this amendment.

(1) Sheets G-101, G-102 and C-501.

2. This amendment is a part of the bidding papers and its receipt shall be acknowledged on the Standard Form 1442. All other conditions and requirements of the specifications remain unchanged. If the bids have been mailed prior to

Am #0002 - 2 receiving this amendment, you will notify the office where bids are opened, in the specified manner, immediately of its receipt and of any changes in your bid occasioned thereby.

a. Hand-Carried Bids shall be delivered to the U.S. Army Corps of Engineers, Omaha District, Contracting Division, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

b. Mailed Bids shall be addressed as noted in Item 8 on Page 00 10 00-1 of Standard Form 1442.

3. Bids will be received until 2:00 p.m., local time at place of bid opening, 08 March 2016.

U.S. Army Engineer District, Omaha Corps of Engineers 1616 Capitol Avenue Omaha, Nebraska 68102-4901

26 February 2016

MFS/2184

00 10 00 Page 3 Am0002

BIDDING SCHEDULE

ITEM

NO.

DESCRIPTION ESIMATED

QUANTITY

UNIT UNIT

PRICE

ESTIMATED AMOUNT

BASIC ITEMS

Excavation

Borrow

Sand

Sludge Removal

All remaining work excluding items 0001 through 0003, and Option item listed below

10,300

5,400

4,100

1,600

C.Y.

C.Y.

Ton

Ton

Job

XXX

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEM

[Option]

Additional cost for all purchasing an additional roll of HDPE liner (22.3 ft x 520 ft) as shown on sheet VF104 each

TOTAL AMOUNT (BASIC PLUS OPTION) $_________________________________

NOTES:

1. See 00 21 00, INSTRUCTIONS TO OFFERORS for evaluation of options. The Government reserves the right to exercise the options within 120 calendar days after issuance of Notice to Proceed.

2. Bid prices must be entered for all items of the schedule. Total amounts submitted without bid prices being entered on individual items will be rejected. In case of variation between the Job (lump-sum) prices and the total amount, the lump-sum prices will be considered the bid. In case of variation between the unit prices and the extensions, the unit prices will be considered the bid.

00 10 00 Page 3 Am0002

3. A modification to a bid which provides for a single adjustment to the total amounts, should state the application of the adjustment to each respective lump-sum price and unit price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0005.

4. No additional time will be authorized by exercising the option, unless there are unforeseen circumstances that would require additional time.

Sewage Lagoon Rehab, Garrison Dam, ND GR73

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 12 00

CONSTRUCTION GENERAL

04/07

PART 1 GENERAL

1.1 SCOPE

1.2 CONSTRUCTION RIGHT-OF-WAY

1.3 PROTECTION OF EXISTING FACILITIES AND WORKS

1.4 CARE OF WATER

1.5 Project Survey and Layout

1.6 DISPOSITION OF CONSTRUCTION FACILITIES

1.7 ACCESS ROADS

1.7.1 Access Roads

1.7.2 Haul Roads

1.7.3 Waterway Crossings

1.7.4 Ramps

1.7.5 Drainage

1.8 PUBLIC ROADS

1.8.1 Traffic Control Devices

1.8.2 Traffic Control

1.8.3 Operations

1.8.4 State and Federal Highways

1.8.5 State and Local Public Roads

1.8.6 Utility Lines

1.9 COOPERATION WITH OTHER CONTRACTORS

1.10 UNLOADING, HANDLING AND STORAGE

1.11 SUBMITTALS

1.12 SPECIAL INSTRUCTIONS FOR PROGRESS CHARTS

1.13 WARRANTY OF CONSTRUCTION (MAR 1994)

1.14 PORTABLE TOILETS

PART 2 NOT USED

PART 3 NOT USED

-- End of Section Table of Contents --

SECTION 01 12 00 Page 1 Am0002

SECTION 01 12 00

CONSTRUCTION GENERAL

04/07

PART 1 GENERAL

1.1 SCOPE

The work covered in this section is outlined as a statement of construction requirements common to all the work. Specific requirements for materials and installations are provided under the Technical Sections herewith. No claims for extras shall be made on account of items presumed to have been omitted from this section.

1.2 CONSTRUCTION RIGHT-OF-WAY

The Contractor will be assigned working areas or working right-of-way limits for use in the prosecution of work under this contract, subject to the CONTRACT CLAUSES clause entitled "Operations and Storage Areas."

1.3 PROTECTION OF EXISTING FACILITIES AND WORKS

The Contractor shall be responsible for the protection of the work area from damage and upon completion of the work shall leave existing works in a condition equal to that which existed when the work started. All work, storage of materials, and construction plant shall be kept within the limits of the areas assigned. Prior to construction operations, the Contractor shall confer with the Contracting Officer's representative to determine the proximity of any possible under-ground obstructions, pipe or equipment which could be damaged as a result of construction operations.

Existing utility lines that are shown on the drawings or the locations are otherwise made known to the Contractor shall be protected from damage, and if damaged, shall be repaired by the Contractor at no additional expense to the Government. In the event that the Contractor damages any existing utility lines that are not shown or the locations of which have not been made known to the Contractor, report thereof shall be made immediately to the Contracting Officer. If the Contracting Officer determines that repairs shall be made by the Contractor, such repairs will be ordered under CONTRACT CLAUSES clause entitled "Changes." The Contractor will be responsible for the protection of structures from any structural damage during the construction operations. Roads and surfaces shall be protected from damage by the work or if damaged shall be repaired with equal materials at no additional expense to the Government. At all times the plant and work areas shall be kept in a condition conducive to safety of workmen and the public and neat in appearance. Waste or surplus materials shall not be allowed to accumulate in the construction areas.

1.4 CARE OF WATER

Full responsibility for care of water shall be borne by the Contractor until completion of work under this contract. The Contractor shall provide the materials and equipment and perform all work necessary to facilitate construction and to protect the work from damage by water. The Contractor shall make his own investigations and determinations of conditions, both existing and anticipated concerning care of water. Plans for care of water are subject to approval by the Contracting Officer prior to construction.

SECTION 01 12 00 Page 2

Facilities shall be removed upon completion of the work.

1.5 Project Survey and Layout

In addition to the requirements of FAR 52.236-17 Layout of Work, the contractor shall provide a licensed land surveyor to check initial project control, perform initial construction site and borrow site topographic surveys for quantity calculations and to provide and set hubs for project construction. The contractor shall use (and reference in all as-built data) project stationing as described on the contract drawings. In addition, a licensed land surveyor shall provide final as-built survey (i.e. to include major breakpoints, lagoon embankments, lagoon bottom, embankment toe, Drawing C-101 cross sections, piping, etc prior to placement of HDPE membrane for government review and approval. These surveys shall provide and verify both horizontal and vertical project control, embankment between lagoon and cross sections; and recorded on the as-built condition in accordance with Section, As-Built Drawings.

The contractor may utilize his own quality control personnel to provide interim surveys for grade control.

1.6 DISPOSITION OF CONSTRUCTION FACILITIES

All buildings and facilities constructed by the Contractor shall be maintained in a satisfactory condition with strict observance of the rules of sanitation, safety and order as may be established by the Contracting Officer. Prior to final payment under the contract, all buildings and facilities constructed by the Contractor for his own use shall be removed from the site by the Contractor.

1.7 ACCESS ROADS

1.7.1 Access Roads

Access roads as required for the prosecution of the work shall be maintained (including sprinkling for dust control, safety personnel, signals and control) within the work areas assigned to the Contractor.

Consideration shall be given to the avoidance of interference with others, safety and frequency of traffic, subject to review and approval prior to construction. Access road areas shall be restored to their original or suitable condition upon completion of this contract. The Contractor shall be responsible for repair of damage to existing roads caused by his operation.

1.7.2 Haul Roads

The Contractor shall construct haul roads as may be necessary for the conduct of the work without additional cost to the Government at locations approved by the Contracting Officer. The Contractor shall arrange his hauling operations so as to cause a minimum interference with traffic and shall furnish flagmen and other facilities as required to avoid additional hazards to the public. Lines, grades and widths for haul roads, shall be selected to fulfill the requirements for safe and efficient hauling operations and shall be approved by the Contracting Officer prior to construction. Topsoil from haulroad corridors shall be stripped and salvaged for haulroad reclamation prior to haulroad construction.Haul roads shall have ample width to provide safety. Preference shall be given to one-way haul roads when these are feasible. All roads shall be maintained in original as-built condition during all periods of their use. Roads

SECTION 01 12 00 Page 3 shall be sprinkled whenever, in the opinion of the Contracting Officer, control of dust is necessary to insure safe movements of construction traffic. Upon completion of work under this contract, roads shall be disposed of as directed by the Contracting Officer. All signs, culverts, guards, fences and other improvements on roads constructed for the Contractor's convenience and operations shall be removed from the project site and shall remain his property. Haulroad corridors shall be regraded to original topography and respread with salvaged topsoil from the site.

Haulroad corridors shall be seeded according to Specification Section 32 92 19.Use and repair of existing roads and bridges shall be subject to the requirements of local authorities. Prior to start of hauling operations on public roads, the Contractor shall furnish written evidence to the Contracting Officer that an agreement has been consummated with State and County officials on the use of public roads and bridges. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these roads.

1.7.3 Waterway Crossings

The Contractor shall construct approved crossings where hauling is to be done across waterways with adequate openings for drainage and streamflow.

Structures for crossings shall be safe for all operating equipment and vehicles and shall be adequate for drainage and flow of the waterway.

After haul for construction has ceased, the structures constructed by the Contractor shall be removed and disposed of as directed.

1.7.4 Ramps

Ramps shall be provided and maintained for access of hauling equipment into excavation and waste areas. Locations, grades and width are subject to review and approval by the Contracting Officer prior to construction.

1.7.5 Drainage

The Contractor shall provide and maintain ditches, dikes and other facilities within and adjacent to the work areas to direct the surface and subsurface flow of water away from abutting private property and work in place or under construction by this and other contracts. The design, location, type and size of drainage facilities are subject to review and approval by the Contracting Officer prior to construction.

1.8 PUBLIC ROADS

1.8.1 Traffic Control Devices

All traffic control devices (signage, baricades, lighting etc) by the Contractor, must conform with the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices.

1.8.2 Traffic Control

The Contractor shall be responsible for the safe control of traffic on all haul and access roads used primarily for the work under these specifications and at their crossings with roads used by others. The Contractor shall, at his own expense, furnish all personnel, signal devices and signal necessary for the safe and efficient control of construction traffic on road systems used by the Contractor. A plan for traffic control, including a listing of equipment and its employment, shall be submitted for review and approval prior to construction.

SECTION 01 12 00 Page 4

1.8.3 Operations

When operations are being conducted near a U. S. or State Highway or when construction equipment is being used on or adjacent to such highway, the Contractor shall furnish signalmen and such warning signs as are necessary to provide adequate warning to the traveling public. The highways and streets shall be kept open at all times.

1.8.4 State and Federal Highways

Where the Contractor hauls across or on State or Federal highways, he shall enter into all agreements with the State Highway Commission and shall comply with any restrictions they may impose relative to load limits, care of traffic and cleanup. Such agreements shall clearly relieve the Government of any responsibility for damages resulting from hauling across or on State highways. Copies of such agreements shall be furnished to the Contracting Officer before the Contractor begins hauling on these highways.

1.8.5 State and Local Public Roads

(a) Load Limits:

The North Dakota Highway Commission and local County Road Commissions restrict the load weights of haul vehicles using highways and county roads during the spring thaw period. The load restrictions are usually imposed from 1 April through June depending on actual weather conditions.

(b) Hauling Regulations:

Prior to start of hauling operations on public roads, the Contractor shall furnish evidence to the Contracting Officer that an agreement has been consummated with State and County officials on the use of public roads and bridges. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these roads.

1.8.6 Utility Lines

It shall be the responsibility and obligation of the Contractor to make all arrangements with the affected companies for the necessary moving and alterations of utility lines and the continuation of service during construction as covered by the plans and specifications.

1.9 COOPERATION WITH OTHER CONTRACTORS

The Contractor shall cooperate and coordinate his work with that of others working in the area during the life of this contract. The Contractor shall coordinate his work with others to avoid undue interference and shall conduct his operations, other than approved required access, within the limits of the assigned construction area or construction right-of-way limits. The Contractor shall cooperate with others as necessary in the interest of timely completion of all work and in the event of disagreement the decision of the Contracting Officer shall be final.

1.10 UNLOADING, HANDLING AND STORAGE

(a) Unloading:

The Contractor shall be responsible for prompt acceptance on delivery, and

SECTION 01 12 00 Page 5 shall pay all demurrage charges for delay in release of railroad cars.

When practical he shall check material and equipment received against shipping lists; however, he shall not open shipments which are provided with protective coverings for storage until such materials and equipment are needed unless the shipment indicates possible damages. Protective coverings on damaged shipments shall be replaced or repaired by the Contractor after inspection. Shipments which are stored when received shall be opened when needed and checked against the shipping list in the presence of the Contracting Officer's representative. Any shortage shall be reported to the Contracting Officer.

(b) Handling:

The Contractor shall exercise due care in the unloading, hauling and handling of materials and equipment and shall make use of special handling means provided by the manufacturer. Care shall be taken not to damage materials and equipment during handling. Any damage during the handling of government furnish property shall be the responsibility of the Contractor to replace

(c) Storage:

The Contractor shall be responsible for the care and storage of material and equipment including Government-furnished property and they shall be stored in a suitable manner to protect them from the elements, pilfering, distortion, or any other damage. Immediately after unloading Government-furnished items, all spare parts and maintenance items not required for installation shall be clearly tagged or otherwise identified and shall be stored where directed by the Contracting Officer. If these items cannot be clearly ascertained during unloading of large crates and boxes, delivery to the Government storage area may be delayed until such are individually inspected. All costs incurred by the transfer of spare parts to permanent storage shall be included in the applicable contract price.

1.11 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

Proposed Methods of Operation; G-AO

Progress Charts; G-AO

Construction Right-of-Way

Right-of-Way Agreements State and Federal Highways

Agreements for hauling on highways

State and Local Public Roads

Agreements for hauling on roads

SECTION 01 12 00 Page 6

SD-02 Shop Drawings

Care of Water; G-AO Traffic Control; G-AO

SD-11 Closeout Submittals

Warranty of Construction

List of warranties with copy of each

1.12 SPECIAL INSTRUCTIONS FOR PROGRESS CHARTS

To be submitted in accordance with the CONTRACT CLAUSES clause entitled "Schedule for Construction Contracts" shall indicate the required data for each of the principal features of the work. Contract changes or modifications will not include extensions of time unless the updated progress chart shows that the contract completion date is delayed due to the affect of the change on one or more principal features of the work.

1.13 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

SECTION 01 12 00 Page 7

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (FAR 52.246-21)

1.14 PORTABLE TOILETS

Toilet facilities will not be available for Contractor's use. The Contractor shall provide and maintain portable toilets for use by the Contractor's staff . Toilet(s) shall be placed at the location directed by the Contracting Officer. To prevent overturning by high winds, all portable toilets shall be anchored down.

PART 2 NOT USED

PART 3 NOT USED

-- End of Section --

SECTION 01 12 00 Page 8

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

6/2000

PART 1 EXCAVATION

1.1 Work Included

1.2 Measurement

1.3 Payment

PART 2 BORROW

2.1 Work Included

2.2 Measurement

2.3 Payment

PART 3 SAND

3.1 Work Included

3.2 Measurement

3.3 Payment

PART 4 SLUDGE REMOVAL

4.1 Work Included

4.2 Measurement

4.3 Payment

PART 5 ALL REMAINING WORK

5.1 Work Included

5.2 Measurement

5.3 Payment

-- End of Section Table of Contents --

SECTION 01 22 00 Page 1

SECTION 01 22 00

MEASUREMENT AND PAYMENT

6/2000

SCOPE: This section covers the methods and procedures which will be used to measure the Contractor's work and to effect payment.

GENERAL: The general outline of the principal features of each item as listed does not in any way limit the responsibility of the Contractor for making a thorough investigation of the Drawings and Specifications to determine the scope of work under the entire Contract. Payment to the Contractor of the amounts based on the quantities of work as measured in accordance with the specified methods of measurement and the prices stipulated in the accepted proposal will constitute complete compensation for all work shown on the Drawings, provided in the specifications or other Contract Documents and all costs of accepting the general risks, liabilities and obligations expressed or implied. Payment under all items shall include, but not necessarily be limited to, compensation for furnishing all supervision, labor, equipment, and materials and services (including overhead and profit), as well as performing all work required to accomplish and complete the work specified under each item and all other work required.

JOB ITEMS

Quantities: The quantities under job items will not be measured except for the purpose of determining reasonable interim payments.

Interim Payments: Interim payments will be made in accordance with the estimated value of work done as determined by the CO or as specified in this section, and in accordance with contract clause for payments.

UNIT PRICE ITEMS

Excavation/Removal Items: Excavation and/or removal items and fill items will be measured from existing ground levels to excavation surfaces shown on the Drawings or as directed by the CO.

Existing Ground Levels: Existing ground levels shall be surveyed prior to any disturbances in accordance with the relevant provisions of these specifications.

Excavation Surfaces Not Shown: In the event excavation surfaces are not clearly shown on the Drawings, the Contractor shall obtain clarification from the CO prior to commencement of excavation and/or removal.

Payments to Contractor: Payments will be made to the Contractor and approved by for unit price items in accordance with measurements determined by CO at the unit prices entered in the proposal schedule.

Interim Measurement/Payments: Interim measurements and/or payments maybe adjusted to take account of partially completed work.

SECTION 01 22 00 Page 2

BASIC BIDDING ITEMS

PART 1 EXCAVATION

1.1 Work Included

This work consists of providing all labor and equipment for the removal and disposal of sludge and soil above the existing PVC liner and soil below the existing PVC liner according to lines and grades shown on the drawings..

1.2 Measurement

The unit of measurement shall be Cubic yard. The volume of excavated material to be paid for as excavation will be measured between the original surface and the surface of the specified grade lines. The volume shall be determined from cross sections of the area, taken after clearing and grubbing operations have been completed and immediately before and after grading. Measurements will be made to the nearest one-tenth foot and volume determined to the nearest whole cubic yard. Materials removed by the Contractor below the specified grade line will not be paid for, and the Contractor may be required to rebuild the foundation to the specified grade lines to avoid overruns in structure materials..

1.3 Payment

Payment for this item shall be the unit price per cubic yard as indicated on the Bidding Schedule multiplied by the number of cubic yards excavated.

PART 2 BORROW

2.1 Work Included

This work consists of providing all labor and equipment for the excavation, hauling, placement, and compaction of borrow material according to the specifications and to the lines and grades on the drawings.

2.2 Measurement

The unit of measurement shall be Cubic Yard. The quantity of borrow shall be determined based on initial surveys made of the existing ground surface of all borrow areas made prior to borrow work. Measurement of borrow shall include the total volume of material computed by the average end area method between the surfaces established by the initial survey and the change in volume of the surfaces as established by the final survey.

Initial survey of existing ground surface will be completed after clearing and grubbing, topsoil removal, and gravel removal from the borrow site.

2.3 Payment

Applicable unit price times the number of cubic yards excavated. Payment for borrow shall be based on the unit price per cubic yard indicated on the Bidding Schedule multiplied by the actual number of cubic yards needed to complete the required work according to plans and specifications.

PART 3 SAND

3.1 Work Included

This work consists of providing all labor and equipment for the hauling, placement, and compaction of sand according to the specifications and to

SECTION 01 22 00 Page 3 the lines and grades on the drawings.

3.2 Measurement

The unit of measurement shall be tons of dry aggregate placed and compacted. Measurement of material shall be by approved weight scales.

3.3 Payment

The quantities of materials will be paid for at the respective contract unit price. Payment shall constitute full compensation for furnishing and placement, labor, equipment, shaping, testing, and all incidentals required.

PART 4 SLUDGE REMOVAL

4.1 Work Included

This work consists of providing all materials, labor, and equipment for the removal, hauling, dewatering, landfarm application, and testing of sludge from each lagoon cell.

4.2 Measurement

The unit of measurement shall be per dry ton of total solids. Measurement of material shall be by approved weight scales and percent total solids content of dewatered sludge determined by analysis of a daily composite sample consisting of one sample from each truck. Dry tons of total solids will be calculated as the sludge wet weight in each truckload multiplied by the %TS.

4.3 Payment

The quantities of materials will be paid for at the respective contract unit price. Payment shall constitute full compensation for labor, equipment, testing, and all incidentals required.

PART 5 ALL REMAINING WORK

5.1 Work Included

The work included in this item includes, but is not limited to:

performance and payment bonds; taxes; permits; site preparation;

mobilization/demobilization; site controls, inspections, and Quality Control/Quality Assurance; all management, supervisory, and specialized personnel; surveys; all office and field overhead; preparation of all submittals; preparation, implementation, and updating of all special project procedures; photographs; safety equipment and clothing; project records and documents; construction scheduling; site maintenance and cleanup; on-site or off-site scales; decontamination; pvc liner removal and disposal; pipe removal and installation; valve installation; HDPE geomembrane liner installation; seeding; topsoil stripping and respreading;

contractor supplied topsoil; and all other work not specified in the above bid items.

5.2 Measurement

The unit of measurement shall be per Job.

SECTION 01 22 00 Page 4

5.3 Payment

Payment for this item shall be by the job amount as indicated on the Bidding Schedule.

-- End of Section --

SECTION 01 22 00 Page 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

04/06

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 Project Pesticide Coordinator

1.2.5 Land Application for Discharge Water

1.2.6 Pesticide

1.2.7 Pests

1.2.8 Surface Discharge

1.2.9 Waters of the United States

1.2.10 Wetlands

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 CERTIFICATION REQUIREMENTS

1.8 ENVIRONMENTAL COORDINATION, PERMITS, NOTICES, REVIEWS AND/OR

APPROVALS

1.8.1 Applications, Supporting Documents, and Fees

1.8.2 Permits, Notices, Reviews, and/or Approvals

1.9 ENVIRONMENTAL PROTECTION PLAN

1.9.1 Compliance

1.9.2 Contents

1.9.3 Appendix

1.10 PROTECTION FEATURES

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.12 NOTIFICATION

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 LAND RESOURCES

3.1.1 Work Area Limits

3.1.2 Landscape

3.1.3 Erosion and Sediment Controls

3.1.4 Contractor Facilities and Work Areas

3.2 WATER RESOURCES

3.2.1 Wetlands

3.3 AIR RESOURCES

3.3.1 Particulates

3.3.2 Odors

SECTION 01 57 20.00 10 Page 1

3.3.3 Sound Intrusions

3.3.4 Burning

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

3.4.2 Chemicals and Chemical Wastes

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous Materials

3.4.4 Fuel and Lubricants

3.4.5 Waste Water

3.4.6 Sludge Removal

3.5 RECYCLING AND WASTE MINIMIZATION

3.6 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8 BIOLOGICAL RESOURCES

3.9 INTEGRATED PEST MANAGEMENT

3.9.1 Pesticide Delivery and Storage

3.9.2 Qualifications

3.9.3 Pesticide Handling Requirements

3.9.4 Application

3.10 PREVIOUSLY USED EQUIPMENT

3.11 MAINTENANCE OF POLLUTION FACILITIES

3.12 TRAINING OF CONTRACTOR PERSONNEL

3.13 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

SECTION 01 57 20.00 10 Page 2

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

04/06

PART 1 GENERAL

ATTACHMENT

Sludge Analytical Report

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; Change 1-2010; Change 3-2010;

Errata 1-2010) 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 150 - 189 Pesticide Programs

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 503 Standards For The Use Or Disposal Of Sewage Sludge

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, SECTION 01 57 20.00 10 Page 3 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.

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 Project Pesticide Coordinator

The Project Pesticide Coordinator (PPC) is an individual that resides at a Civil Works Project office and that is responsible for oversight of pesticide application on Project grounds.

1.2.5 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor must 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" must occur. Land Application must be in compliance with all applicable Federal, State, and local laws and regulations. Discharge water cannot be land applied at a rate greater than an inch per week per acre (27254 gal per acre inch).

1.2.6 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.2.7 Pests

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

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1.2.8 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.

1.2.9 Waters of the United States

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

1.2.10 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 WETLAND MANUAL.

1.3 GENERAL REQUIREMENTS

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

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

1.4 SUBCONTRACTORS

Ensure compliance with this section by subcontractors.

1.5 PAYMENT

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

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

1.6 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Environmental Protection Plan; G, AO Sludge and Spoil Area Dewatering Plan; G, AO Sampling Plan; G, AO Permits; G, AO

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Landowner Agreements; G, AO The environmental protection plan.

1.7 CERTIFICATION REQUIREMENTS

An environmental agency may require design and construction documents to be certified by a Professional Engineer (PE) registered in the State of North Dakota. The Contractor shall comply with the certification requirements of the environmental regulatory agencies.

1.8 ENVIRONMENTAL COORDINATION, PERMITS, NOTICES, REVIEWS AND/OR APPROVALS

The Contractor shall be responsible for contacting the appropriate Federal, State, Regional, and local environmental agencies to identify all required environmental permits (construction and operating), notices, reviews, and approvals required for the project. Once the requirements are identified, the Contractor shall be responsible for coordinating the requirements with the Contracting Officer in regard to implementation for a Federal Facility project. The Contractor shall ensure that all coordination, permits, notices, reviews and/or approvals are completed and submitted with each applicable phase of the design. Prior to construction starting for any phase, the Contractor shall assure that all permits and/or approvals are received and copies are submitted to the Contracting Officer. The Contractor shall be responsible for any contract delays resulting from failure to obtain environmental permits, notices, reviews and/or approvals when required.

1.8.1 Applications, Supporting Documents, and Fees

The Contractor shall obtain and complete all environmental permit applications and notices including any documents required for a modification for an existing permit. The Contractor is responsible for preparing all supporting documents, including but not limited to engineering reports, emission surveys, diagrams, pollutant load calculations, etc. If, in lieu of permits, the governing agency requires review and approval of the design, the Contractor shall submit and obtain approval of the design and associated documents. The Contractor shall be responsible for all fees associated with the permits, applications, reviews, approvals, and notices.

1.8.2 Permits, Notices, Reviews, and/or Approvals

The following is a listing of permits, notices, reviews, and/or approvals which may be required for this project. This listing and requirements are not to be considered all-inclusive by the Contractor, but is provided as information that may be used in successfully accomplishing the environmental compliances.

a. In the State of North Dakota, EPA has authority for the National Pollutant Discharge Elimination System (NPDES)program.

Construction activities which result in disturbance of 1 acre of land or more, coverage under the EPA Storm Water General Permit For Construction Activities (NDR10-0000) is required. The Contractor shall be responsible for editing and applying Specification Section 01 41 26.06 24 (North Dakota) NPDES PERMIT

REQUIREMENTS FOR STORM WATER DISCHARGES FROM CONSTRUCTION SITES.

b. In the State of North Dakota EPA has authority for the direct enforcement through 40CFR 503 of Facilities/Operations that

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Generate, Treat, and/or Use/Dispose of Sewage Sludge by Means of Land Application, Landfill, and Surface Disposal under the National Pollutant Discharge Elimination System. The lagoon sludge has been sampled and analyzed for pollutants and the analytical report is attached to this section. The Contractor is responsible for locating an appropriate site for land application of the sludge and obtaining landowner agreement; dewatering the sludge to an appropriate level for land application; dewatering the excavated soils from above and below the PVC liner to an appropriate level for disposal in the spoil area; performing additional sampling of the sludge and excavated soils above and below the PVC liner as required by 40 CFR 503; preparing and reporting all the sample results and obtaining approval for land application of the sludge and disposal of excavated soils as fill in the spoil area. Once a written notice of coverage is obtained, the Contractor is responsible for removal, transportation, application, and management of the land-applied sludge, including all planning, recordkeeping, and reporting requirements.

Note that portions of the existing PVC liner that are exposed at the edges have become deteriorated. The contractor shall ensure the PVC liner is separated from the excavated soils and disposed of at a government approved facility off of government property meeting the requirements in Part 3.4.1 of this section.

c. The spoil area shall meet the requirements of 40 CFR 503 Subpart C until proven by additional sampling that the excavated soils can be classified as fill and not biosolids. Excavated soils above and below the PVC liner shall be tested for the same pollutants and characteristics as sludge as required by 40 CFR 503 and volatile solids using EPA Test Method 1684 to differentiate between soil and sludge. The sludge and excavated soils shall also be tested for the following additional pollutants:

Ammonia (as N) mg/Kg Total Kjeldahl Nitrogen (as N) mg/Kg Nitrate plus Nitrite (as N) mg/Kg Total Phosphorus (as P) mg/Kg

Report as mg/Kg of total solids (i.e. dry weight basis).

1.9 ENVIRONMENTAL PROTECTION PLAN

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

SECTION 01 57 20.00 10 Page 7 be current and maintained onsite by the Contractor.

1.9.1 Compliance

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

1.9.2 Contents

Include in the environmental protection plan, but not limit it to, the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

1). Identify any…