Left_Tailrace_Waterline_specs.pdf

SPECIFICATIONS

(Purchase Order)

Solicitation No. W9128F-17-Q-0083_______

Left Tailrace Waterline Replacement

Big Bend Dam, SD

August 2017

US Army Corps of Engineers Omaha District

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Left Tailrace Waterline Replacement Big Bend Dam, SD

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00-3 PRICING SCHEDULE

00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS)

DIVISION 01 - GENERAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 41 26.01 24 (SOUTH DAKOTA) NPDES PERMIT REQUIREMENTS FOR STORM WATER

DISCHARGES FROM CONSTRUCTION SITES

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 10 00.01 (SOUTH DAKOTA) PAVEMENTS FOR SMALL PROJECTS

DIVISION 33 - UTILITIES

33 11 00 WATER DISTRIBUTION

-- End of Project Table of Contents --

00 10 00 Page 3

BIDDING SCHEDULE

ITEM NO.

DESCRIPTION

QUANTITY

UNIT

AMOUNT

BASIC ITEMS

Entire work complete, excluding Option item(s) listed below.

Job

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEMS

[Option] complete, for replacing the line from the new basic waterline to the dump station

[Option] complete, for purchasing and installing the 3 pressure tanks as specified

TOTAL AMOUNT (BASIC PLUS OPTIONS) $_________________________________

NOTES:

1. See SECTION 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO BIDDERS for evaluation of options. The Government reserves the right to exercise the options within 180 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. Additions will be subject to verification by the Government. In case of variation between the Job (lump-sum) prices and the total amount, the lump-sum prices will be considered the bid.

3. A modification to a bid which provides for a single adjustment to the total amount bid, should state the application of the adjustment to each respective lump-sum price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0001.

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SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

INDEX

1. SCOPE

2. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

3. CONTRACT DRAWING AND SPECIFICATIONS

4. SUBMITTALS

5. CONTRACTOR QUALITY CONTROL (CQC)

5.1 RESPONSIBILITY OF THE CONTRACTOR

6. GUARANTEE

7. ACCIDENT PREVENTION:

8. PROTECTION OF EXISTING FACILITIES AND WORKS:

9. CONTRACT DRAWINGS AND SPECIFICATIONS

9.1 NOTIFICATION OF DISCREPANCIES

9.2 OMISSIONS

10. PAYMENT

10.1 PROMPT PAYMENT ACT

10.2 PAYMENTS FOR MODIFICATIONS

11. AVAILABILITY OF UTILITY SERVICES

12. PROFIT

13. AS-BUILT DRAWINGS

14. ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

1. Scope.

The project consists of replacing the existing 2,814 feet of waterline at the Big Bend Left tail-race campground. The potable waterlines will range in size from 1-3". It will start at the existing pump facility and route to: two existing comfort stations, an existing restroom, an existing fish cleaning station and to 14 new frost‐free hydrants. An option to improve the system water pressure will be to install three pressurized water tanks and replace the 771 feet of waterline from the campground to the existing dump station with two gate valves and two meters with boxes and digital readout. The old system will be abandoned in place.

2. Commencement, Prosecution, And Completion Of Work.

The Contractor shall commence work under this contract within ten (10) calendar days after the date of receipt by him of Notice to Proceed, prosecute said work diligently, and complete the entire work ready for use not later than 31 March 2018, (with the possible exception that the period of performance may be extend for the repair of any asphalt damaged during the construction). Due to Campground usage, the Contractor may start work on September 4th, 2017, however the Contractor will not be allowed onto the work site until 01 October 2017. The time stated for completion shall include final cleanup of the premises. (FAR 52.211-10)

00 73 00 Page 2

3. Contract Drawing And Specifications.

The Contractor shall be responsible for making his own copies of specifications, drawings and any amendments, as needed for the duration of the project, from the electronic files provided.

4. SUBMITTALS.

See Section: 01 33 00 SUBMITTAL PROCEDURES

5. CONTRACTOR QUALITY CONTROL (CQC).

5.1 Responsibility of the Contractor.

Except for isolated tests or other items of work specified to be performed by the Government, the quality of all work shall be the responsibility of the Contractor. Sufficient inspections and tests of all items of work, including that of subcontractors, to ensure conformance to applicable specifications and drawings with respect to the quality of materials, workmanship, construction, finish, functional performance, and identification shall be performed on a continuing basis.

6. GUARANTEE.

The equipment and supplies to be furnished under this contract shall be guaranteed for a period of one (1) year from the date of acceptance thereof, either for beneficial use or final acceptance, whichever is earlier, against defective materials, design, and workmanship. Upon receipt of notice from the Government of failure of any of the guaranteed equipment during the guarantee period, new replacement parts shall be furnished and installed promptly by the Contractor at no additional cost to the Government. The Contractor shall also obtain and deliver to the Contracting Officer any warranties of equipment or supplies which the subcontractors, manufacturers, or suppliers would give normal commercial practice.

7. ACCIDENT PREVENTION:

In accordance with EM 385-1-1, Safety and Health Requirements Manual, the Contractor shall provide for protecting of the lives and health of employees and other persons; preventing of damage to property; and avoiding work interruptions.

8. PROTECTION OF EXISTING FACILITIES AND WORKS:

The Contractor shall be responsible for the protection of 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.

9. CONTRACT DRAWINGS AND SPECIFICATIONS.

9.1 NOTIFICATION OF DISCREPANCIES.

The Contractor shall check all drawings furnished him immediately upon their

00 73 00 Page 3 receipt and shall promptly notify the Contracting Officer of any discrepancies. Dimensions marked on drawings shall be followed in lieu of scale measurements. Enlarged plans and details shall govern where the same work is shown at smaller scales. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby.

9.2 OMISSIONS.

Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

10. PAYMENT.

10.1 PROMPT PAYMENT ACT.

Pay requests authorized in CONTRACT CLAUSES clause: “Payments Under Fixed-Price Construction Contracts”, will be paid pursuant to the clause, “Prompt Payment for Construction Contracts”. Pay requests will be submitted on ENG Form 93 and 93a, “Payment Estimate-Contract Performance” and “Continuation”. All information and substantiation required by the identified contract clauses will be submitted with the ENG Form 93, and the required certification will be included on the last page of the ENG Form 93a, signed by an authorized contractor official and dated when signed. The designated billing office is the Office of the Area Engineer.

10.2 PAYMENTS FOR MODIFICATIONS.

Payments may be made for cost bearing change orders within the scope of the contract only to the extent funds are authorized in the order on a two-part modification. Contractor pricing proposed must be submitted at the earliest possible time after the change order is issued, or at a specific time as directed by the Contracting Officer. At the discretion of the Contracting Officer, any and all payments may be withheld on the modification until the Contractor has submitted a qualifying price proposal, in as much detail as required by the Contracting Officer, and the final price has been agreed.

11. AVAILABILITY OF UTILITY SERVICES.

All reasonably required amounts of electricity (110v) will be made available to the Contractor by the Government from existing system outlets and supplies.

12. PROFIT.

12.1 Weighted guidelines method of determining profit shall be used on any equitable adjustment change order or modification issued under this contract.

The profit factors shall be as follows:

Factor Rate Weight Value

00 73 00 Page 4

Degree of Risk 20 Relative difficulty of work 15 Size of Job 15 Period of performance 15 Contractor’s investment 5 Assistance by Government 5 Subcontracting 25

12.2 Based on the circumstances of each procurement action, each of the above factors shall be weighted from .03 to .12 as indicated below. The value shall be obtained by multiplying the rate by the weight. The value column when totaled indicates the fair and reasonable profit percentage under the circumstances of the particular procurement.

12.2.1 Degree of Risk.

Where the work involves no risk or the degree of risk is very small, the weighting should be .03; as the degree of risk increases, the weighting should be increased up to a maximum of .12. Lump sum items will have, generally, a higher weighted value than the unit price items for which quantities are provided. Other things to consider: the portion of the work to be done by subcontractors, nature of work, where work is to be performed, reasonableness of negotiated costs, amount of labor included in costs, and whether the negotiation is before or after performance of work.

12.2.2 Relative Difficulty of Work.

If the work is most difficult and complex, the weighting should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor is tied in to some extent with the degree of risk. Some things to consider: the nature of the work, by whom it is to be done, where, and what is the time schedule.

12.2.3 Size of Job.

All work not in excess of $100,000 shall be weighted at .12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05.

12.2.4 Periods of Performance.

Jobs in excess of 24 months are to be weighted at .12. Jobs of lesser duration are to be proportionately weighted to a minimum of .03 for jobs not to exceed 30 days. No weight where additional time not required.

12.2.5 Contractor’s Investment.

To be weighted from .03 to .12 on the basis of below average, average, and above average. Things to consider: amount of subcontracting, mobilization payment item, Government furnished property, equipment and facilities, and expediting assistance.

12.2.6 Assistance by Government.

To be weighted from .12 to .03 on the basis of average to above average.

Things to consider: use of Government-owned property, equipment and

00 73 00 Page 5 facilities, and expediting assistance.

12.2.7 Subcontracting.

To be weighted inversely proportional to the amount of subcontracting. Where 80 percent or more of the work is to be subcontracted, the weighting is to be .03 and such weighting proportionately increased to .12 where all the work is performed by the Contractor’s own forces.

13. AS-BUILT DRAWINGS

The Contractor shall provide a marked-up half size drawing to show actual work performed to include necessary sketches, modification drawings, shop drawings and notes. Red ink is to be used for additions and deviations from the contract. Green ink is to be used to indicate work deleted from the contract. The drawings shall be maintained by the contractor as the work progresses and available for review by the government representatives. The as-built drawings shall be submitted for approval at the completion of the project. The completed set shall be available at time of final inspection.

14. ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

14.1. Not Used

14.2. Access and General Protection/Security Policy and Procedures

All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

14.3. thru 14.14 Not Used.

14.15. Pre-Screen Candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

SECTION 01 33 00 Page 1

SECTION 01 33 00

SUBMITTAL PROCEDURES

1. Submittals

2. Submittal Form

3. Action Required

4. Meaning of Approvals

5. When Not Approved

6. Withholding of Payment

7. Sending of Submittals

Attachment: Submittal Register Transmittal Form (ENG Form 4025)

1. SUBMITTALS:

During the performance of this contract, the Contractor will be required to submit to the Contracting Officer for approval, review, or for information only certain descriptive literature, data, fabrication drawings, shop drawings, diagrams, test reports, samples, certificates, etc., as identified below. The required submittals will be submitted in the number of copies and directed to the address as shown below.

2. SUBMITTAL FORM:

The attached submittal form (ENG Form 4025) will be used for transmitting the submittals. This form may be reproduced by the Contractor and shall be properly executed by filling out all the heading blank spaces and identifying each item submitted. Special care should be executed to ensure proper listing of the specification paragraph and/or sheet number of the contract drawings pertinent to the date submitted for each item.

3. ACTION REQUIRED.

If the submittals is for information only or for review, work will continue unless the Contracting Officer notifies the Contractor that the submittal fails to indicate that the material, method, test, etc., conforms to the specification. If the submittals require approval, such submittal must be submitted to and approved by the Contracting Officer prior to performance by the Contractor.

4. MEANING OF APPROVALS:

The submittal returned to the Contractor shall be marked as noted on back of ENG Form 4025. The approval of the submittal by the Contracting Officer shall not be construed as a complete check, but will indicate only that the general method of prosecution and detailing is satisfactory. Approval will not release the Contractor of the responsibility for any error which may exist as the Contractor is responsible for satisfactory prosecution and detailing of all the work.

5. WHEN NOT APPROVED:

The Contractor shall make all corrections required by the Contracting Officer and promptly furnish a corrected submittal in the form and the number of copies as specified in the initial submittal.

SECTION 01 33 00 Page 2

6. WITHHOLDING OF PAYMENT:

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

7. SENDING OF SUBMITTALS:

The Contracting Officer may request submittals in addition to those listed when deemed necessary to adequately describe the work covered in the respective sections or drawings. Prior to submittal, all items shall be checked and approved by the Contractor and each respective transmittal form (ENG Form 4025) shall be stamped, initialed, and dated by the Contractor certifying that the accompanying submittal complies with the contract requirements.

7.1 Submittals are classified as follows:

PO - Project Office or other designated Government Office

7.2 Electronic Submittal Format

Electronic format will be utilized for submission of construction submittal items required by the specifications, including ENG Form 4025 Transmittal Form. Electronic submittals may be submitted by any means readily accessible to the Government including, but not limited to, the following:

a. E-mails with text and all attachments less than or equal to 14MB in size.

The Government IT system does not currently support e-mail transmissions of greater than 14MB. Should this e-mail transmission size limitation change during the course of the Contract, larger e-mail transmissions may become acceptable, but no time extensions will be granted for transmission errors resulting from oversized email attachments.

b. Internet Secure File Transfer Protocol (FTP) systems compatible with Government IT systems.

c. Mailed CD-ROM or DVD-ROM media.

d. Contractor-funded file sharing website compatible with Government IT systems.

e. Any other secure, Government-approved means of transmitting digital media.

Means of transfer must provide documents freely accessible to the Government.

If the means of transfer is by e-mail, FTP repository, or similar, files shall be capable of being downloaded without errors or disruption. Regardless of the method of transfer, the files shall be able to be archived on Government IT systems without error or restriction.

7.3 Submittals designated at G-PO and FIO

“G-PO” and “FIO” Submittals shall be submitted to the Area Engineer.

Government approved submittals are noted as “G-PO” in the Technical Specifications. Submittals not requiring Government approval have no notation and are “For Information Only”. All “G-PO” Government Approved submittals are noted as “G-PO” in the technical specifications shall be submitted electronically.

Electronic Submittals and e-mail notifications of Electronic Submittals posted to AMRDEC SAFE or other FTP repositories should be sent to Michael

SECTION 01 33 00 Page 3

Werdel at the following e-mail address: Michael.W.Werdel@usace.army.mil

7.3 Submittal Process. The Contractor shall submit all items listed on the attached submittal register.

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Left Tailrace Waterline Replacement, Big Bend Dan, SD BB76

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 41 26.01 24

(SOUTH DAKOTA) NPDES PERMIT REQUIREMENTS FOR STORM WATER DISCHARGES FROM

CONSTRUCTION SITES

05/03

PART 1 GENERAL

1.1 REFERENCES (Not Applicable)

1.2 SUBMITTALS

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL

3.2 IMPLEMENTATION

3.2.1 Notice of Intent

3.2.2 Authorization Letter

3.2.3 Posting NOI and Authorization Letter

3.2.4 Storm Water Pollution Prevention Plan

3.2.5 Inspections and Reporting

3.2.6 Retention of Records

3.2.7 Notice of Termination

3.2.8 Renotification

-- End of Section Table of Contents --

SECTION 01 41 26.01 24 Page 1

SECTION 01 41 26.01 24

(SOUTH DAKOTA) NPDES PERMIT REQUIREMENTS

FOR STORM WATER DISCHARGES

FROM CONSTRUCTION SITES

05/03

PART 1 GENERAL

NOTE: If Contractor can keep area of disturbed ground to under an acre then no NPDES permit will be required. The staging area does have to be included in the acre unless the Contractor stages on concrete or blacktop.

"General Permit For Storm Water Discharges Associated With Construction Activities", Permit No. SDR10#### can be found at the following website:

http://denr.sd.gov/des/sw/StormWaterandConstruction.aspx

1.1 REFERENCES (Not Applicable)

1.2 SUBMITTALS

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

submittals not having an "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 Submittal

Notice of Intent.

Authorization Letter.

Storm Water Pollution Prevention Plan.

Notice of Termination.

SD-06 Test Reports

Reports.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL

The Contractor shall be responsible for implementing the terms and requirements of the attached "General Permit For Storm Water Discharges Associated With Construction Activities", Permit No. SDR10####, for storm water discharges from construction sites. The Contractor shall be considered the "permittee". All submissions to the state shall be by certified mail. Copies of the return receipt for each submission shall be included with the submittal to the Contracting Officer's Representative

(COR).

SECTION 01 41 26.01 24 Page 2

3.2 IMPLEMENTATION

3.2.1 Notice of Intent

The Contractor shall complete and submit a Notice of Intent (NOI) in accordance with Permit No. SDR10####. A copy of the submitted NOI shall be furnished to the COR at least 15 days prior to the commencement of construction activities. The Government shall be considered the "Applicant" and shall sign as such on the form after review. The Contractor will complete Attachment C in the Permit No.SDR10####.

Attachment C is titled Department of Environment and Natural Resources Contractor Certification Form. Which will be submitted with the NOI.

NOTE: The Contractor is responsible for any Notice of Violations that occur during the NPDES Permit being in effect. The Contractor will be responsible for paying for any violation fines and/or making any corrections necessary.

3.2.2 Authorization Letter

Construction activities regulated under Permit No. SDR10#### shall not begin until an authorization letter from the State granting coverage for the storm water discharges is received by the Contractor. A copy of the authorization letter shall be furnished to the COR at least 2 days prior to the commencement of construction activities.

3.2.3 Posting NOI and Authorization Letter

A copy of the NOI and the authorization letter shall be posted by the Contractor at the construction site in a prominent place for public viewing.

3.2.4 Storm Water Pollution Prevention Plan

The Contractor shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) in accordance with Permit No. SDR10####. Any temporary or permanent erosion and sedimentation control measures shown on the drawings shall be incorporated into the Contractor's SWPPP. A copy of the SWPPP shall be submitted to the COR at least 2 days prior to the commencement of construction activities. Copies of all revisions to the SWPPP shall also be submitted.

3.2.5 Inspections and Reporting

The Contractor shall be responsible for all inspections and reporting required under the NPDES Permit No. SDR10####. Copies of all inspection reports shall be furnished to the COR.

3.2.6 Retention of Records

The Contractor shall retain a copy of the SWPPP, reports, and records of all data used to complete the NOI in accordance with Permit No. SDR10####.

3.2.7 Notice of Termination

The Contractor shall complete and submit a Notice of Termination (NOT) in accordance with Permit No. SDR10####. The Government shall be considered the "Facility Operator". A copy of the submitted NOT shall be furnished to the COR for signature prior to submission to the State..

SECTION 01 41 26.01 24 Page 3

3.2.8 Renotification

If the current permit expires prior to completion of construction, the Contractor shall submit a new NOI in accordance with Permit No. SDR10####.

A copy of all submissions to the State shall be furnished to the COR.

-- End of Section --

SECTION 01 41 26.01 24 Page 4

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 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.7.3 Appendix

1.8 PROTECTION FEATURES

1.9 PERMITS, NOTICES, REVIEWS, AND/OR APPROVALS

1.9.1 NPDES Permit for South Dakota Construction Activities

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.11 NOTIFICATION

PART 2 PRODUCTS

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 Cofferdams, Diversions, and Dewatering Operations

3.2.2 Stream Crossings

3.2.3 Wetlands

3.3 AIR RESOURCES

3.3.1 Particulates

3.3.2 Odors

3.3.3 Sound Intrusions

SECTION 01 57 20.00 10 Page 1

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

3.5 RECYCLING AND WASTE MINIMIZATION

3.6 NON-HAZARDOUS SOLID WASTE DIVERSION REPORT

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8 BIOLOGICAL RESOURCES

3.7.1 Endangered/Threatened Species

3.8.1 Interior Least Terns and/or Piping Plovers

3.8.2 Bald Eagles

3.8.3 Migratory Birds

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

SECTION 01 57 20.00 10 Page 2

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

04/06

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008; Change 1-2010; Change 3-2010;

Errata 1-2010) Safety and Health Requirements Manual

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 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 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

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

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

SECTION 01 57 20.00 10 Page 3

1.2.2 Environmental Protection

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

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.

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.

SECTION 01 57 20.00 10 Page 4

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

WETLANDS DELINEATION 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-PO

The environmental protection plan.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of

SECTION 01 57 20.00 10 Page 5 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 be current and maintained onsite by the Contractor.

1.7.1 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.

1.7.2 Contents

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

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

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

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

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

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

SECTION 01 57 20.00 10 Page 6 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 minimum:

(1) The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual will immediately notify the Contracting Officer and the local Fire Departmentin 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 subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites that are not a commercial operating facility.

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

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

SECTION 01 57 20.00 10 Page 7 the percent that was diverted.

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

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

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

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

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

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

Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer.

p. Include and update a pesticide treatment plan, as information becomes available. Include in the plan: sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e. pounds of active ingredient applied), equipment used for application and calibration of equipment. Federal, State, Regional and Local pest

SECTION 01 57 20.00 10 Page 8 management record keeping and reporting requirements as well as any additional Installation Project Office specific requirements are the Contractor's responsibility.

1.7.3 Appendix

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

1.8 PROTECTION FEATURES

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

1.9 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.

1.9.1 NPDES Permit for South Dakota Construction Activities

If construction activities results in disturbance of 1 acre of land or more (sites that may be smaller than 1 acre but are part of common plan of development are considered to be over 1 acre), coverage under the State of South Dakota Department of Environment and Natural Resources' (SDENR), Authorization to Discharge Under the Surface Water Discharge System Permit #SDR100000 is required. If the current permit is revised by the State of South Dakota to requiring the permit for a project disturbing less than 1 acre, the Contractor shall be responsible for the applying for coverage under the permit. The Contractor shall be responsible for implementing the terms and requirements of the permit and shall be considered the "permittee". The Contractor shall complete and submit a Notice of Intent (NOI) and the Notice of Termination (NOT)in accordance with Permit #SDR100000 and shall be considered the "Facility Operator". The Contractor shall not begin construction until an authorization letter from the State granting coverage for the storm water discharges is received. The Contractor shall be responsible for posting a copy of the NOI and the authorization letter at the construction site in a prominent place for public viewing. The Contractor shall prepare and implement a Storm Water Pollution Prevention Plan, inspections, and reporting in accordance with the SD#100000. Any temporary or permanent erosion and sedimentation

SECTION 01 57 20.00 10 Page 9 control measures shown on the drawings shall be incorporated into the Contractor's Storm Water Pollution Prevention Plan. The Contractor shall be responsible for assuring that their SWPPP is in accordance with Best Management Practices. The Contractor shall retain copies of the storm water pollution prevention plan and all reports in accordance with the permit. All submissions to the State shall be by certified mail. The Contractor shall include copies of all submittals to the State of South Dakota, plans, and reports in the Appendix to the Environmental Protection Plan.

NOTE: If Contractor can keep area of disturbed ground to under an acre then no NPDES permit will be required. The staging area does have to be included in the acre unless the Contractor stages on concrete or blacktop.

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

Any…