W912DW19B0008_Amendment_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Amendment 0002

(Please see continuation sheet)

1. CONTRACT ID CODE PAGE OF PAGES

1 6

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

16C. DATE SIGNED

BY 21-Aug-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DW19B0008

X 9B. DATED (SEE ITEM 11)

01-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

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

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

21-Aug-2019

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW19B0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0002

1. This amendment provides for the following changes:

a. Section 01 57 19 is revised.

b. Section 01 57 19-A (Water Quality Permit) is included.

c. Clause 52.204-8 is revised.

2. The bid submittal time and date of 03 Sep 2019 at 1:00 PM PT is changed to 06 Sep 2019 at 1:00 PM PT.

3. The attached revised sections are to be replaced in their entirety. All portions of the revised sections shall apply whether or not changes have been indicated.

4. NOTICE: Bidders must acknowledge receipt of this amendment by number and date on offer.

Attch:

Section 01 57 19 (revised) Section 01 57 19-A

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 03-Sep-2019 01:00 PM to 06-Sep-2019 01:00 PM.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36,500,000 $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

(End of Summary of Changes)

FY19 Alki Coastal Erosion Control 18026 Seattle, WA W912DW19B0008

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Class I and II Ozone Depleting Substance (ODS)

1.2.2 Contractor Generated Hazardous Waste

1.2.3 Electronics Waste

1.2.4 Environmental Pollution and Damage

1.2.5 Environmental Protection

1.2.6 Hazardous Debris

1.2.7 Hazardous Materials

1.2.8 Hazardous Waste

1.2.9 Installation Pest Management Coordinator

1.2.10 Land Application

1.2.11 Municipal Separate Storm Sewer System (MS4) Permit

1.2.12 National Pollutant Discharge Elimination System (NPDES)

1.2.13 Oily Waste

1.2.14 Pesticide

1.2.15 Pesticide Treatment Plan

1.2.16 Pests

1.2.17 Project Pesticide Coordinator

1.2.18 Regulated Waste

1.2.19 Sediment

1.2.20 Solid Waste

1.2.20.1 Debris

1.2.20.2 Green Waste

1.2.20.3 Material not regulated as solid waste

1.2.20.4 Non-Hazardous Waste

1.2.20.5 Recyclables

1.2.20.6 Surplus Soil

1.2.20.7 Scrap Metal

1.2.20.8 Wood

1.2.21 Surface Discharge

1.2.22 Wastewater

1.2.22.1 Stormwater

1.2.23 Waters of the United States

1.2.24 Wetlands

1.2.25 Universal Waste

1.3 SUBMITTALS

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.4.1 Conformance with the Environmental Management System

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.5.1 Interference Avoidance

1.5.2 Inadvertant Discovery of Artifacts

1.6 QUALITY ASSURANCE

1.6.1 Preconstruction Survey and Protection of Features

SECTION 01 57 19 Page 1 R0002

1.6.2 Regulatory Notifications

1.6.3 Environmental Brief

1.6.4 Environmental Manager

1.6.5 Employee Training Records

1.6.6 Non-Compliance Notifications

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 General Overview and Purpose

1.7.1.1 Descriptions

1.7.1.2 Duties

1.7.1.3 Procedures

1.7.1.4 Communications

1.7.1.5 Contact Information

1.7.2 General Site Information

1.7.2.1 Drawings

1.7.2.2 Work Area

1.7.2.3 Documentation

1.7.3 Management of Natural Resources

1.7.4 Protection of Historical and Archaeological Resources

1.7.5 Stormwater Management and Control

1.7.6 Protection of the Environment from Waste Derived from

Contractor Operations

1.7.7 Prevention of Releases to the Environment

1.7.8 Appendix

1.7.9 Regulatory Notification and Permits

1.7.10 Clean Air Act Compliance

1.7.10.1 Haul Route

1.7.10.2 Pollution Generating Equipment

1.7.10.3 Stationary Internal Combustion Engines

1.7.10.4 Air Pollution-engineering Processes

1.7.10.5 Particulates

1.7.10.6 Odors

1.7.10.7 Sound Intrusions

1.7.10.8 Burning

1.7.10.9 Compliant Materials

1.8 LICENSES AND PERMITS

1.9 ENVIRONMENTAL RECORDS BINDER

1.10 SOLID WASTE MANAGEMENT PERMIT

1.10.1 Solid Waste Management Report

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

3.1.1 Flow Ways

3.1.2 Vegetation

3.1.3 Streams

3.2 STORMWATER

3.2.1 Construction General Permit

3.2.1.1 Stormwater Pollution Prevention Plan

3.2.1.2 Stormwater Notice of Intent for Construction Activities

3.2.1.3 Inspection Reports

3.2.1.4 Stormwater Pollution Prevention Plan Compliance Notebook

3.2.1.5 Stormwater Notice of Termination for Construction

Activities

3.2.2 Erosion and Sediment Control Measures

3.2.2.1 Erosion Control

3.2.2.2 Sediment Control Practices

SECTION 01 57 19 Page 2 R0002

3.2.3 Work Area Limits

3.2.4 Contractor Facilities and Work Areas

3.2.5 Municipal Separate Storm Sewer System (MS4) Management

3.3 SURFACE AND GROUNDWATER

3.3.1 Cofferdams, Diversions, and Dewatering

3.3.2 Waters of the United States

3.4 PROTECTION OF CULTURAL RESOURCES

3.4.1 Archaeological Resources

3.4.2 Historical Resources

3.5 LAND RESOURCES

3.6 AIR RESOURCES

3.6.1 Burning

3.6.2 Dust Control

3.6.2.1 Particulates

3.6.2.2 Abrasive Blasting

3.6.3 Odors

3.7 WATER RESOURCES

3.8 BIOLOGICAL RESOURCES

3.9 SOUND INTRUSIONS

3.10 OTHER ENVIRONMENTAL ISSUES

3.11 WASTE MINIMIZATION

3.11.1 Salvage, Reuse and Recycle

3.11.2 Nonhazardous Solid Waste Diversion Report

3.12 WASTE MANAGEMENT AND DISPOSAL

3.12.1 Waste Determination Documentation

3.12.2 Solid Waste Management

3.12.2.1 Solid Waste Management Report

3.12.2.2 Control and Management of Solid Wastes

3.12.3 Control and Management of Hazardous Waste

3.12.3.1 Hazardous Waste/Debris Management

3.12.3.2 Waste Storage/Satellite Accumulation/90 Day Storage Areas

3.12.3.3 Hazardous Waste Disposal

3.12.3.3.1 Responsibilities for Contractor's Disposal

3.12.3.3.1.1 Services

3.12.3.3.1.2 Samples

3.12.3.3.1.3 Analysis

3.12.3.3.1.4 Labeling

3.12.3.3.2 Contractor Disposal Turn-In Requirements

3.12.3.4 Universal Waste Management

3.12.3.5 Electronics End-of-Life Management

3.12.3.6 Disposal Documentation for Hazardous and Regulated Waste

3.12.4 Releases/Spills of Oil and Hazardous Substances

3.12.4.1 Response and Notifications

3.12.4.2 Clean Up

3.12.5 Wastewater

3.12.5.1 Disposal of wastewater must be as specified below.

3.12.5.1.1 Treatment

3.12.5.1.2 Surface Discharge

3.12.5.1.3 Land Application

3.13 HAZARDOUS MATERIAL MANAGEMENT

3.14 PREVIOUSLY USED EQUIPMENT

3.15 PETROLEUM, OIL, LUBRICANT (POL) STORAGE AND FUELING

3.15.1 Used Oil Management

3.15.2 Oil Storage Including Fuel Tanks

3.16 INADVERTENT DISCOVERY OF PETROLEUM-CONTAMINATED SOIL OR HAZARDOUS

WASTES

3.17 CHLORDANE

3.18 SOUND INTRUSION

3.19 POST CONSTRUCTION CLEANUP

SECTION 01 57 19 Page 3 R0002

-- End of Section Table of Contents --

SECTION 01 57 19 Page 4 R0002

SECTION 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS

11/15

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 (DA)

AR 200-1 (2007) Environmental Protection and Enhancement

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

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

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

40 CFR 112 Oil Pollution Prevention

40 CFR 122.26 Storm Water Discharges (Applicable to State NPDES Programs, see section 123.25)

40 CFR 241 Guidelines for Disposal of Solid Waste

40 CFR 243 Guidelines for the Storage and Collection of Residential, Commercial, and Institutional Solid Waste

40 CFR 258 Subtitle D Landfill Requirements

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 262.31 Standards Applicable to Generators of Hazardous Waste-Labeling

40 CFR 262.34 Standards Applicable to Generators of Hazardous Waste-Accumulation Time

SECTION 01 57 19 Page 5 R0002

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 265 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 266 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

40 CFR 268 Land Disposal Restrictions

40 CFR 273 Standards For Universal Waste Management

40 CFR 273.2 Standards for Universal Waste Management - Batteries

40 CFR 273.3 Standards for Universal Waste Management - Pesticides

40 CFR 273.4 Standards for Universal Waste Management - Mercury Containing Equipment

40 CFR 273.5 Standards for Universal Waste Management - Lamps

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

40 CFR 300.125 National Oil and Hazardous Substances Pollution Contingency Plan - Notification and Communications

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 403 General Pretreatment Regulations for Existing and New Sources of Pollution

40 CFR 50 National Primary and Secondary Ambient Air Quality Standards

40 CFR 60 Standards of Performance for New Stationary Sources

40 CFR 63 National Emission Standards for Hazardous Air Pollutants for Source Categories

40 CFR 64 Compliance Assurance Monitoring

SECTION 01 57 19 Page 6 R0002

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 General Information, Regulations, and Definitions

49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements

49 CFR 172.101 Hazardous Material Regulation-Purpose and Use of Hazardous Material Table

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

49 CFR 178 Specifications for Packagings

1.2 DEFINITIONS

1.2.1 Class I and II Ozone Depleting Substance (ODS)

Class I ODS is defined in Section 602(a) of The Clean Air Act. A list of Class I ODS can be found on the EPA website at the following weblink.

http://www.epa.gov/ozone/science/ods/classone.html.

Class II ODS is defined in Section 602(s) of The Clean Air Act. A list of Class II ODS can be found on the EPA website at the following weblink.

http://www.epa.gov/ozone/science/ods/classtwo.html.

1.2.2 Contractor Generated Hazardous Waste

Contractor generated hazardous waste is 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), waste thinners, excess paints, excess solvents, waste solvents, excess pesticides, and contaminated pesticide equipment rinse water.

1.2.3 Electronics Waste

Electronics waste is discarded electronic devices intended for salvage, recycling, or disposal.

1.2.4 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 or historically.

1.2.5 Environmental Protection

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

SECTION 01 57 19 Page 7 R0002

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.

1.2.6 Hazardous Debris

As defined in paragraph SOLID WASTE, debris that contains listed hazardous waste (either on the debris surface, or in its interstices, such as pore structure) in accordance with 40 CFR 261 . Hazardous debris also includes debris that exhibits a characteristic of hazardous waste in accordance with 40 CFR 261 .

1.2.7 Hazardous Materials

Hazardous materials as defined in 49 CFR 171 and listed in 49 CFR 172 .

Hazardous material is any material that: Is regulated as a hazardous material in accordance with 49 CFR 173 ; or requires a Safety Data Sheet (SDS) in accordance with 29 CFR 1910.120 ; or during end use, treatment, handling, packaging, storage, transportation, or disposal meets or has components that meet or have potential to meet the definition of a hazardous waste as defined by 40 CFR 261 Subparts A, B, C, or D.

Designation of a material by this definition, when separately regulated or controlled by other sections or directives, does not eliminate the need for adherence to that hazard-specific guidance which takes precedence over this section for "control" purposes. Such material includes ammunition, weapons, explosive actuated devices, propellants, pyrotechnics, chemical and biological warfare materials, medical and pharmaceutical supplies, medical waste and infectious materials, bulk fuels, radioactive materials, and other materials such as asbestos, mercury, and polychlorinated biphenyls (PCBs).

1.2.8 Hazardous Waste

Hazardous Waste is any material that meets the definition of a solid waste and exhibit a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity) as specified in 40 CFR 261 , Subpart C, or contains a listed hazardous waste as identified in 40 CFR 261 , Subpart D.

1.2.9 Installation Pest Management Coordinator

Installation Pest Management Coordinator (IPMC) is the individual officially designated by the Installation Commander to oversee the Installation Pest Management Program and the Installation Pest Management Plan.

1.2.10 Land Application

Land Application means spreading or spraying discharge water at a rate that 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.

Comply with federal, state, and local laws and regulations.

1.2.11 Municipal Separate Storm Sewer System (MS4) Permit

MS4 permits are those held by installations to obtain NPDES permit

SECTION 01 57 19 Page 8 R0002 coverage for their stormwater discharges.

1.2.12 National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

1.2.13 Oily Waste

Oily waste are those materials that are, or were, mixed with Petroleum, Oils, and Lubricants (POLs) and have become separated from that POLs.

Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with and have been contaminated by, POLs and may be appropriately tested and discarded in a manner which is in compliance with other state and local requirements.

This definition includes materials such as oily rags, "kitty litter" sorbent clay and organic sorbent material. These materials may be land filled provided that: It is not prohibited in other state regulations or local ordinances; the amount generated is "de minimus" (a small amount);

it is the result of minor leaks or spills resulting from normal process operations; and free-flowing oil has been removed to the practicable extent possible. Large quantities of this material, generated as a result of a major spill or in lieu of proper maintenance of the processing equipment, are a solid waste. As a solid waste, perform a hazardous waste determination prior to disposal. As this can be an expensive process, it is recommended that this type of waste be minimized through good housekeeping practices and employee education.

1.2.14 Pesticide

Pesticide is 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.

1.2.15 Pesticide Treatment Plan

A plan for the prevention, monitoring, and control to eliminate pest infestation.

1.2.16 Pests

Pests are 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.

1.2.17 Project Pesticide Coordinator

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

1.2.18 Regulated Waste

Regulated waste are solid wastes that have specific additional federal, SECTION 01 57 19 Page 9 R0002 state, or local controls for handling, storage, or disposal.

1.2.19 Sediment

Sediment is soil and other debris that have eroded and have been transported by runoff water or wind.

1.2.20 Solid Waste

Solid waste is a solid, liquid, semi-solid or contained gaseous waste. A solid waste can be a hazardous waste, non-hazardous waste, or non-Resource Conservation and Recovery Act (RCRA) regulated waste. Types of solid waste typically generated at construction sites may include:

1.2.20.1 Debris

Debris is non-hazardous solid material generated during the construction, demolition, or renovation of a structure that exceeds 2.5-inch particle size that is: a manufactured object; plant or animal matter; or natural geologic material (for example, cobbles and boulders), broken or removed concrete, masonry, and rock asphalt paving; ceramics; roofing paper and shingles. Inert materials may be reinforced with or contain ferrous wire, rods, accessories and weldments. A mixture of debris and other material such as soil or sludge is also subject to regulation as debris if the mixture is comprised primarily of debris by volume, based on visual inspection.

1.2.20.2 Green Waste

Green waste is the vegetative matter from landscaping, land clearing and grubbing, including, but not limited to, grass, bushes, scrubs, small trees and saplings, tree stumps and plant roots. Marketable trees, grasses and plants that are indicated to remain, be re-located, or be re-used are not included.

1.2.20.3 Material not regulated as solid waste

Material not regulated as solid waste is nuclear source or byproduct materials regulated under the Federal Atomic Energy Act of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges;

regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.

1.2.20.4 Non-Hazardous Waste

Non-hazardous waste is waste that is excluded from, or does not meet, hazardous waste criteria in accordance with 40 CFR 263 .

1.2.20.5 Recyclables

Recyclables are materials, equipment and assemblies such as doors, windows, door and window frames, plumbing fixtures, glazing and mirrors that are recovered and sold as recyclable, wiring, insulated/non-insulated copper wire cable, wire rope, and structural components. It also includes commercial-grade refrigeration equipment with Freon removed, household appliances where the basic material content is metal, clean polyethylene terephthalate bottles, cooking oil, used fuel oil, textiles, high-grade paper products and corrugated cardboard, stackable pallets in good

SECTION 01 57 19 Page 10 R0002 condition, clean crating material, and clean rubber/vehicle tires. Metal meeting the definition of lead contaminated or lead based paint contaminated may be included as recyclable if sold to a scrap metal company. Paint cans that meet the definition of empty containers in accordance with 40 CFR 261.7 may be included as recyclable if sold to a scrap metal company.

1.2.20.6 Surplus Soil

Surplus soil is existing soil that is in excess of what is required for this work, including aggregates intended, but not used, for on-site mixing of concrete, mortars, and paving. Contaminated soil meeting the definition of hazardous material or hazardous waste is not included and must be managed in accordance with paragraph HAZARDOUS MATERIAL MANAGEMENT.

1.2.20.7 Scrap Metal

This includes scrap and excess ferrous and non-ferrous metals such as reinforcing steel, structural shapes, pipe, and wire that are recovered or collected and disposed of as scrap. Scrap metal meeting the definition of hazardous material or hazardous waste is not included.

1.2.20.8 Wood

Wood is dimension and non-dimension lumber, plywood, chipboard, hardboard. Treated or painted wood that meets the definition of lead contaminated or lead based contaminated paint is not included. Treated wood includes, but is not limited to, lumber, utility poles, crossties, and other wood products with chemical treatment.

1.2.21 Surface Discharge

Surface discharge means discharge of water into drainage ditches, storm sewers, creeks or "waters of the United States". Surface discharges are discrete, identifiable sources and require a permit from the governing agency. Comply with federal, state, and local laws and regulations.

1.2.22 Wastewater

Wastewater is the used water and solids from a community that flow to a treatment plant.

1.2.22.1 Stormwater

Stormwater is any precipitation in an urban or suburban area that does not evaporate or soak into the ground, but instead collects and flows into storm drains, rivers, and streams.

1.2.23 Waters of the United States

Waters of the United States means Federally jurisdictional waters, including wetlands, that are subject to regulation under Section 404 of the Clean Water Act or navigable waters, as defined under the Rivers and Harbors Act.

1.2.24 Wetlands

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that

SECTION 01 57 19 Page 11 R0002 under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

1.2.25 Universal Waste

The universal waste regulations streamline collection requirements for certain hazardous wastes in the following categories: batteries, pesticides, mercury-containing equipment (for example, thermostats), and lamps (for example, fluorescent bulbs). The rule is designed to reduce hazardous waste in the municipal solid waste (MSW) stream by making it easier for universal waste handlers to collect these items and send them for recycling or proper disposal. These regulations can be found at

40 CFR 273 .

1.3 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

Storm Water Pollution Prevention Plan; G,DO

Preconstruction Survey

Solid Waste Management Permit; G

Regulatory Notifications; G,DO

Environmental Protection Plan; G,DO

Stormwater Notice of Intent (for NPDES coverage under the general permit for construction activities); G,DO

Dirt and Dust Control Plan; G

Employee Training Records; G

Environmental Manager Qualifications; G

SD-06 Test Reports

Inspection Reports

Solid Waste Management Report; G

SD-07 Certificates

Employee Training Records; G

Erosion and Sediment Control Inspector Qualifications

SD-11 Closeout Submittals

Stormwater Pollution Prevention Plan Compliance Notebook; G,DO

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Stormwater Notice of Termination (for NPDES coverage under the general permit for construction activities); G

Waste Determination Documentation; G

Disposal Documentation for Hazardous and Regulated Waste; G

Assembled Employee Training Records; G

Solid Waste Management Permit; G

Solid Waste Management Report; G

Hazardous Waste/Debris Management; G

Regulatory Notifications; G

Sales Documentation; G

As-Built Topographic Survey

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during construction practice.

Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Protect the environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire duration of this Contract. Comply with federal, state, and local regulations pertaining to the environment, including water, air, solid waste, hazardous waste and substances, oily substances, and noise pollution.

Tests and procedures assessing whether construction operations comply with Applicable Environmental Laws may be required. Analytical work must be performed by qualified laboratories; and where required by law, the laboratories must be certified.

1.4.1 Conformance with the Environmental Management System

Perform work under this contract consistent with the policy and objectives identified in the installation's Environmental Management System (EMS).

Perform work in a manner that conforms to objectives and targets of the environmental programs and operational controls identified by the EMS.

Support Government personnel when environmental compliance and EMS audits are conducted by escorting auditors at the Project site, answering questions, and providing proof of records being maintained. Provide monitoring and measurement information as necessary to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, take corrective and preventative actions. In addition, employees must be aware of their roles and responsibilities under the installation EMS and of how these EMS roles and responsibilities affect work performed under the contract.

Coordinate with the installation's EMS coordinator to identify training

SECTION 01 57 19 Page 13 R0002 needs associated with environmental aspects and the EMS, and arrange training or take other action to meet these needs. Provide training documentation to the Contracting Officer. The Installation Environmental Office will retain associated environmental compliance records. Make EMS Awareness training completion certificates available to Government auditors during EMS audits and include the certificates in the Employee Training Records. See paragraph EMPLOYEE TRAINING RECORDS.

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

Comply with the special environmental requirements listed here.

1.5.1 Interference Avoidance

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants, including their habitats. Prior to the commencement of activities, consult with the Seattle District Environmental Office regarding rare species or sensitive habitats that need to be protected.

The protection of rare, threatened, and endangered animal and plant species identified, including their habitats, is the Contractor's responsibility.

All work will be completed between July 16 and February 15. The work window avoids sensitive migration periods for salmonids including bull trout. The following species are known and could be affected within the construction area: Salmonids (bull trout, Chinook salmon, steelhead), larval rockfish, marbled murrelet, green sturgeon, southern resident killer whale). The vertical columns will be constructed by drilling and placing forms for concrete, as opposed to pile driving to minimize noise impacts.

All requirements of the attached Section 401 Water Quality Certification will be followed. Preserve the natural resources within the project boundaries and outside the limits of permanent work. No heavy equipment will work outside of the construction limits identified on the construction drawings. Work will be completed at approved tide elevations.

Restore to an equivalent or improved condition upon completion of work that is consistent with the requirements of the Seattle District Environmental Office or as otherwise specified. Any beach logs moved during construction shall be immediately replaced after construction. Work will occur during approved hours only. Confine construction activities to within the limits of the work indicated or specified.

1.5.2 Inadvertant Discovery of Artifacts

In the event of an inadvertent discovery of cultural or historic artifacts anytime during construction, all construction will cease in that location. Any construction activities that may impact the artifacts will not occur until approved by the Corps PM and Cultural Resources Coordinator. If artifacts are found, the on-site Construction Supervisor will immediately halt work at that location and notify the Cultural Resources Coordinator. The discovery area and a surrounding buffer zone shall then be delineated with flagging tied to long stakes that are driven into the ground. The buffer zone established around the periphery of the cultural resources find shall be sufficient to permit the contractor to conduct ground-disturbing activities up to the stakes and flagging without disturbing the find.

The Cultural Resources Coordinator will coordinate with the on-site

SECTION 01 57 19 Page 14 R0002

Construction Manager to determine if further impact to potentially eligible cultural resources can be avoided. If further impacts to cultural resources cannot be avoided, then the Cultural Resources Coordinator will contact the State Historic Preservation Officer and affected Tribes to arrange for further evaluation and treatment of the material. At the time that any bone that may be human, or any funerary object, is discovered, construction activity in the vicinity will cease immediately. The on-site Construction Manager will first ensure the discovery area and a sufficient buffer zone is flagged-off and secured from further disturbance; second, contact the King County Sheriff's Office; and third, contact the Cultural Resources Coordinator to develop an appropriate response.

All contractors on-site will be briefed prior to construction on what to do if artifacts are discovered. Cultural resources staff will be notified of the schedule by the PM at least one week prior to mobilization. A Corps archaeologist will determine prior to construction if monitoring is required during the initial ground breaking phase of the project to monitor the material being removed for discoveries. Periodic site visits after the initial ground disturbance by a Corps archaeologist is not required unless post-review discoveries occur during construction

1.6 QUALITY ASSURANCE

1.6.1 Preconstruction Survey and Protection of Features

This paragraph supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, perform a Preconstruction Survey of the project site with the Contracting Officer, and take photographs showing existing environmental conditions in and adjacent to the site. Submit a report for the record. Include in the report 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. The Contractor and the Contracting Officer will sign this survey report upon mutual agreement regarding its accuracy and completeness. Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the Contract.

1.6.2 Regulatory Notifications

Provide regulatory notification requirements in accordance with federal, state and local regulations. In cases where the Government will also provide public notification (such as stormwater permitting), coordinate with the Contracting Officer. Submit copies of regulatory notifications to the Contracting Officer at least 30 days prior to commencement of work activities. Typically, regulatory notifications must be provided for the following (this listing is not all-inclusive): demolition, renovation, NPDES defined site work, construction, removal or use of a permitted air emissions source, and remediation of controlled substances (asbestos, hazardous waste, lead paint).

1.6.3 Environmental Brief

Attend an environmental brief to be included in the preconstruction

SECTION 01 57 19 Page 15 R0002 meeting. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the installation; and types and quantities of wastes/wastewater that may be generated during the Contract. Discuss the results of the Preconstruction Survey at this time.

Prior to initiating any work on site, meet with the Contracting Officer and installation Environmental Office to discuss the proposed Environmental Protection Plan (EPP). Develop a mutual understanding relative to the details of environmental protection, including measures for protecting natural and cultural resources, required reports, required permits, permit requirements (such as mitigation measures), and other measures to be taken.

1.6.4 Environmental Manager

Appoint in writing an Environmental Manager for the project site. The Environmental Manager is directly responsible for coordinating contractor compliance with federal, state, local, and installation requirements. The Environmental Manager must ensure compliance with Hazardous Waste Program requirements (including hazardous waste handling, storage, manifesting, and disposal); implement the EPP; ensure environmental permits are obtained, maintained, and closed out; ensure compliance with Stormwater Program requirements; ensure compliance with Hazardous Materials (storage, handling, and reporting) requirements; and coordinate any remediation of regulated substances (lead, asbestos, PCB transformers). This can be a collateral position; however, the person in this position must be trained to adequately accomplish the following duties: ensure waste segregation and storage compatibility requirements are met; inspect and manage Satellite Accumulation areas; ensure only authorized personnel add wastes to containers; ensure Contractor personnel are trained in 40 CFR requirements in accordance with their position requirements; coordinate removal of waste containers; and maintain the Environmental Records binder and required documentation, including environmental permits compliance and close-out. Submit Environmental Manager Qualifications to the Contracting Officer.

1.6.5 Employee Training Records

Prepare and maintain Employee Training Records throughout the term of the contract meeting applicable 40 CFR requirements. Provide Employee Training Records in the Environmental Records Binder. Submit these Assembled Employee Training Records to the Contracting Officer at the conclusion of the project, unless otherwise directed.

Train personnel to meet EPA requirements. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Contact additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, waters of the United States, and endangered species and their habitat that are known to be in the area.

Provide a copy of the Erosion and Sediment Control Inspector Qualifications as defined by EPA.

SECTION 01 57 19 Page 16 R0002

1.6.6 Non-Compliance Notifications

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 EPP. After receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law.

1.7 ENVIRONMENTAL PROTECTION PLAN

The purpose of the EPP is to present an overview of known or potential environmental issues that must be considered and addressed during construction. Incorporate construction related objectives and targets from the installation's EMS into the EPP. Include in the EPP measures for protecting natural and cultural resources, required reports, and other measures to be taken. Meet with the Contracting Officer or Contracting Officer Representative to discuss the EPP and develop a mutual understanding relative to the details for environmental protection including measures for protecting natural resources, required reports, and other measures to be taken. Submit the EPP within 15 days after Notice to Proceed and not less than 10 days before the preconstruction meeting.

Revise the EPP throughout the project to include any reporting requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact.