W9128F17Q0104;_Specs.pdf

SPECIFICATIONS

Purchase Order

Solicitation No. W9128F17Q0104

Outside Maintenance Parking Lot Repair, Cold Milling, Hot Mix Asphalt Paving, Drainage Installation

Big Bend Dam, South Dakota

August 2017

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

Outside Maintenance Parking Lot Repair Cold Milling, Hot Mix Asphalt Paving, Drainage Installation

Big Bend Dam, South Dakota

PROJECT TABLE OF CONTENTS

DIVISION 00 - GENERAL REQUIREMENTS

SOW STATEMENT OF WORK

00 73 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 33 00 SUBMITTAL REQUIREMENTS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 01 - GENERAL REQUIREMENTS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 16.71 COLD MILLING ASPHALT PAVING

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

DIVISION 33 - UTILITIES

33 40 00 STORM DRAINAGE UTILITIES

PHOTOS AND DRAWINGS

-- End of Project Table of Contents --

Statement of Work

BIG BEND DAM, SOUTH DAKOTA

OUTSIDE MAINTENANCE PARKING LOT REPAIR,

COLD MILLING, HOT MIX ASPHALT PAVING, DRAINAGE INSTALLATION

Background

The current parking lot for the Big Bend Project Maintenance Yard is not draining correctly. Water is pooling in various places along the curb and gutter, causing damage to the asphalt. Asphalt damages include block cracking, high-severity edge cracking, polished aggregate, and potholes. There are also issues with water draining across the sidewalk between the administration and maintenance buildings.

This has caused a safety hazard from slipping, especially in the winter, and has caused damage to the existing sidewalk.

Objectives

The objective is to perform asphalt milling, hot mix asphalt paving, and installation of drainage inlet and pipe at the Outside Maintenance parking lot.

Scope

This project consists of furnishing all personnel, services, equipment, materials, facilities, and other requirements necessary for, or incidental to, the performance of work set forth herein. All work shall be performed in accordance with all pertinent Corps, federal, state, and local regulations. The existing asphalt shall be milled to a depth of no less than 4 inches. Hot mix asphalt shall then be placed in one 3” lift, graded to drain according to drainage plan. Proper care must be taken so that placed asphalt is flush with existing concrete gutter. Catch basin inlets shall be installed in 5 locations specified in the drawings.

One location consists of one catch basin inlet connected to 200’ PVC pipe, which will enter into an existing storm-water system. The second location consists of 2 sections of 100’ PVC pipe, each connected to 2 catch basins, daylighting with flared ends.

Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI)

None

Place of Performance

Maintenance Yard, Big Bend Dam, Lyman County, South Dakota

Period of Performance

The period of performance will be 365 days from Notice to Proceed (NTP).

00 73 00 Page 1

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

INDEX

1. SCOPE. SEE STATEMENT OF WORK SECTION

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. See Statement of Work Section.

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 of Notice to Proceed, and complete the entire work except seeding ready for use not later than 365 calendar days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises. (FAR 52.211-10)

3. Contract Drawing And Specifications.

The Contractor shall be responsible for making their 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

00 73 00 Page 2

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 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

00 73 00 Page 3 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 domestic water and electricity 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 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

00 73 00 Page 4 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 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.

00 73 00 Page 5

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

1. AT Level I Training

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html ; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

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/facility 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 installation or facility change, the Government may require changes in contractor security matters or processes. Directions for background check are in paragraph 2.2

2.1 Personnel Risk Assessment

A minimum of seven days prior to engaging in work submit a complete, updated and signed list of all Contractor and subcontractor personnel (Security Personnel List), including their titles and intended working hours to the CO or Project POC. This listing shall be revised and resubmitted when personnel changes occur. A Personnel Risk Assessment (PRA) for each employee requiring authorized unescorted access to the Jobsite. The Contractor employee will only be allowed authorized unescorted physical access after the PRA is

00 73 00 Page 6 submitted to and approved by the Government.

2.2 Authorized Unescorted Access Requirements

2.2.1 Personnel Requiring Unescorted Access to Controlled Areas: (Estimated 5 people will need this level of clearance.) Personnel requiring unescorted access to controlled areas or personnel requiring escorted access more than 10 hours within a 5 day period are required to pass a Government background check, and shall submit Government Security Paperwork. These individuals will be identified at the pre-construction meeting. They will be required to complete the following forms: OF306, FD258, and SF85. All other employees will have background checks done in compliance with paragraph 2.2.2

2.2.2 Personnel Requiring Unescorted Access to Government facility (Excluding controlled areas): (All remaining personnel with access to job site will require this level of clearance.) Perform a PRA on all Contractor personnel that require authorized unescorted access to the Jobsite. Costs associated with the execution of the PRA shall be at the expense of the Contractor. The content of the PRA is defined by the requirements as follows:

a. Criminal Check - Obtain a criminal background check, completed within the last seven years, on all Contractor personnel that require authorized unescorted access to the Jobsite. A minimum of a 7-year criminal background check with the state patrol office shall be performed from all states of residence and employment, for the past seven years. The COR through the Contacting Officer will approve, disapprove, or revoke authorized unescorted access to the Jobsite as a result of the seven-year background check in accordance with Army Directive 2014-05 Enclosure 2.

b. Identity Verification - Contractor employees shall provide positive verification of individual identity prior to authorized unescorted access to the Jobsite. Acceptable forms of identity verification are documents issued by a federal Government agency that include: the individual's photograph, name, and date of birth, such as a passport or military identification (ID) card. Additionally, a state issued driver's license or ID card is acceptable for identity verification.

c. The Criminal Check and Identity Verification shall be updated at least every seven years for each employee requiring authorized unescorted access to the Jobsite.

d. Escort Requirements - Contractor personnel not cleared for authorized access to the Jobsite may be escorted by Government or Contractor personnel that have authorized unescorted access to the Jobsite. All costs related to the escorting of non-cleared personnel shall be at the expense of the Contractor. Additional burden shall not be placed upon the Government to provide these escorts. Prior to access, coordination with the Project Security Officer is required, including but not limited to:

(1) Verification of identity with photo identification

(2) Name of escorting individual and verification of unescorted status

(3) Time of entry into the Jobsite

(4) Time exiting the Jobsite.

3 thru 12. Not Used

13. Will be Escorted in Areas Where They May be Exposed to Classified and/or Sensitive Materials and/or Sensitive or Restricted Areas

00 73 00 Page 7

All contract employees, including subcontractor employees who are not in possession of the appropriate access privileges, will be escorted in areas where they may be exposed to sensitive materials and/or sensitive or restricted areas.

14. Not Used

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. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

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:

DO - District Office PO – Project Office AO - Area Office or other designated Government Office RO - Resident 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-DO and FIO

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

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

SECTION 01 33 00 Page 3

Electronic Submittals and e-mail notifications of Electronic Submittals posted to AMRDEC SAFE or other FTP repositories should be sent to Russell Matthews at the following e-mail address:

CENWO.ConstructionSubmittal@usace.army.mil

District Office(DO)

U.S. Army Corps of Engineers Russell Matthews Omaha District Attn: CENWO-CD-S-TS 1616 Capitol Ave Omaha, NE 68102-4901

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

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DATE TRANSMITTAL NO.

SECTION I - REQUEST FOR APPROVAL OF THE FOLLOWING ITEMS (This section to be initiated by the Contractor)

TO: FROM: CONTRACT NO. CHECK ONE:

THIS IS A NEW TRANSMITTAL

THIS IS A RE-SUBMITTAL OF

TRANSMITTAL NO. ____________

SPECIFICATION SECTION NO. PROJECT TITLE AND LOCATION CHECK ONE:

FIO G-ED

G-RE G-AE

SPEC. PARA. DWG. SHEET

a. c. d. e. f. i.

REMARKS:

SECTION II - APPROVAL ACTION

ENCLOSURES RETURNED (List by Item No.) NAME, TITLE, AND SIGNATURE OF APPROVING AUTHORITY DATE

CENWO-CD-Q SUBMITTAL FORM, IFB-1, (Omaha Version of ENG Form 4025-R), Apr 02

b. g.

I certify that the above submittal items have been reviewed in detail and are correct and in strict compliance with the contract drawings and specifications except as otherwise stated.

NAME, PHONE NUMBER, AND SIGNATURE OF CONTRACTOR QC

TRANSMITTAL OF SHOP DRAWINGS, EQUIPMENT DATA, MATERIAL SAMPLES

OR MANUFACTURE'S CERTIFICATES OF COMPLIANCE

ITEM

NO.

DESCRIPTION OF ITEM SUBMITTED

(Type, size, model, etc.)

MFG. OR CONTR.

CAT., CURVE

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BROCHURE NO.

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CONTRACT REFERENCE

DOCUMENT

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(SEE #6)

h.

INSTRUCTIONS

1. Section I will be initiated by the Contractor in the required number of copies.

2. Each transmittal shall be numbered consecutively in the space provided for "Transmittal No.”. This number, in addition to the contract number, will form a serial number for identifying each submittal. For new submittals or resubmittals mark the appropriate box; on resubmittals, insert transmittal number of last submission as well as the new submittal number.

3. The "Item No." will be the same "Item No." as indicated on ENG FORM 4288-R for each entry on this form.

4. Submittals requiring expeditious handling will be submitted on a separate form.

5. Separate transmittal form will be used for submittals under separate sections of the specifications.

6. A check shall be placed in the "Variation" column when a submittal is not in accordance with the plans and specifications--also, a written statement to that effect shall be included in the space provided for "Remarks".

7. Form is self-transmittal, letter of transmittal is not required.

8. When a sample of material or Manufacturer's Certificate of Compliance is transmitted, indicate "Sample" or "Certificate" in column c, Section I.

9. U.S. Army Corps of Engineers approving authority will assign action codes as indicated below in space provided in Section I, column i to each item submitted. In addition they will ensure enclosures are indicated and attached to the form prior to return to the contractor. The Contractor will assign action codes as indicated below in Section I, column g, to each item submitted.

THE FOLLOWING ACTION CODES ARE GIVEN TO ITEMS SUBMITTED

A -- Approved as submitted. E -- Disapproved (See attached).

B -- Approved, except as noted on drawings. F -- Receipt acknowledged.

C -- Approved, except as noted on drawings. FX -- Receipt acknowledged, does not comply Refer to attached sheet resubmission required. as noted with contract requirements.

D -- Will be returned by separate correspondence. G -- Other (Specify)

10. Approval of items does not relieve the contractor from complying with all the requirements of the contract plans and specifications.

(Reverse of CENWO-CD-Q SUBMITTAL FORM, IFB-1 (Omaha Version of ENG Form 4025-R))

Outside Maintenance Building Parking Lot Repair, Big Bend Dam, SD BB400

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 10

ENVIRONMENTAL PROTECTION

04/06 environment protection during construction activities

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Land Application for Discharge Water

1.2.5 Pests

1.2.6 Surface Discharge

1.2.7 Waters of the United States

1.2.8 Wetlands

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.7.3 Appendix

1.8 PROTECTION FEATURES

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.10 NOTIFICATION

PART 2 PRODUCTS

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

3.3.3 Sound Intrusions

3.3.4 Burning

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

SECTION 01 57 20.00 10 Page 1

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 PREVIOUSLY USED EQUIPMENT

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.11 TRAINING OF CONTRACTOR PERSONNEL

3.12 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

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 (2014) Safety and Health Requirements Manual

WETLANDS DELINEATION MANUAL Corps of Engineers Wetlands Delineation Manual

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

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.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat

SECTION 01 57 20.00 10 Page 3 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 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.

1.2.5 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.

1.2.6 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.

1.2.7 Waters of the United States

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

1.2.8 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.

SECTION 01 57 20.00 10 Page 4

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:

Administrative Submittals

Environmental Protection Plan

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 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.

SECTION 01 57 20.00 10 Page 5

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 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

SECTION 01 57 20.00 10 Page 6 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 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.

SECTION 01 57 20.00 10 Page 7

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.

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

SECTION 01 57 20.00 10 Page 8

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 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

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

1.10 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

3.1 LAND RESOURCES

Confine all activities to areas defined by the drawings and specifications. Identify any land resources to be preserved within the work area prior to the beginning of any construction. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval, except in areas indicated on the drawings or specified to be cleared. Ropes, cables, or guys will not be fastened to or attached to any trees for anchorage unless specifically authorized. Provide effective protection for land and vegetation resources at all times, as defined in the following subparagraphs. Remove stone, soil, or other materials displaced into uncleared areas.

3.1.1 Work Area Limits

Mark the areas that need not be disturbed under this contract prior to commencing construction activities. Mark or fence isolated areas within the general work area which are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the

SECTION 01 57 20.00 10 Page 9 purpose for marking and/or protecting particular objects.

3.1.2 Landscape

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

3.1.3 Erosion and Sediment Controls

Providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations is the Contractor's responsibility.

Select and maintain the erosion and sediment controls such that water quality standards are not violated as a result of construction activities.

The area of bare soil exposed at any one…