W912HN-09-R-0014-Technical ProvisionsClouter.pdf

CLOUTER CREEK DISPOSAL AREA W912HN-09-R-0014

CHARLESTON, SOUTH CAROLINA

TECHNICAL PROVISIONS

PROJECT TABLE OF CONTENTS

DIVISION 01 GENERAL REQUIREMENTS

01100 GENERAL

01312 QUALITY CONTROL SYSTEM (QCS)

01355A ENVIRONMENTAL PROTECTION

01451 CONTRACTOR QUALITY CONTROL (RENTAL)

01525 SAFETY REQUIREMENTS

DIVISION 02 SITE WORK

02246 DRAINAGE AND SITEWORK BY RENTAL EQUIPMENT

ATTACHMENTS

SECTION TABLE OF CONTENTS

GENERAL REQUIREMENTS

SECTION 01100

GENERAL

PART 1 GENERAL

1.1 QUALITY CONTROL

1.1.1 Quality Control System

1.2 PRECONSTRUCTION CONFERENCE

1.2.1 Conference

1.2.2 Submittals

1.2.3 Construction Quality Control Report

1.2.4 Letter of Record

1.3 PROGRESS CHARTS (OMITTED)

1.4 CERTIFICATES OF COMPLIANCE (OMITTED)

1.5 CONSOLIDATED REPORT (OMITTED)

1.6 DAMAGE TO WORK

1.7 PHYSICAL CONDITIONS AND DATA

1.7.1 General

1.7.2 Physical Conditions

1.7.3 Weather Conditions

1.7.4 Transportation Facilities

1.7.5 Tides

1.7.6 Location and Access

1.7.7 Condition of Site

1.7.8 Records

1.8 PAYMENT FOR SUSPENSION OF WORK, MOVEMENT OF EQUIPMENT,

DOWNTIME, AND BOGGED-DOWN TIME (SAC - RENTAL ONLY)

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION TABLE OF CONTENTS 01100 PAGE 1

SECTION 01100 PAGE 2

SECTION 01100

GENERAL

PART 1 GENERAL

1.1 QUALITY CONTROL

1.1.1 Quality Control System

The Contractor shall establish and maintain a quality control system for all construction operations, as referenced in Section 01451, CONTRACTOR QUALITY CONTROL, including, but not limited to the following:

(1) Safety and Occupational Health:

-Conduct daily safety inspections of the work site and document findings -Review Activity Hazard Analysis with employees in the field -Conduct Weekly Toolbox safety meetings and document -Implement Accident Prevention Plan through all phases of the work -Enforce all safety requirements -Develop and test Emergency Response Procedures and post copy in each vehicle and piece of equipment -Inspect and maintain all equipment in safe operating condition -Ensure employees are provided with and wear Personal Protective Equipment appropriate for the hazards -Provide safety indoctrination/training for all employees -Submit OSHA Form 200 for the previous three years -Maintain log of safety deficiencies with abatement dates

SECTION 01100 PAGE 3

(2) Miscellaneous Subsidiary Items:

-environmental protection -assure compliance with all contract provisions and notify COE Field Quality Assurance Representative of any deviations

1.2 PRECONSTRUCTION CONFERENCE

1.2.1 Conference

A Preconstruction Conference will be arranged by the

Contracting Officer's Representative after award of contract and before commencement of work. The Contracting Officer's Representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

1.2.2 Submittals

The Contractor shall bring to this conference the following items in either completed or draft form:

(a) Minimum Basic Outline for Accident Prevention Program

(See ATTACHMENTS)

(b) Emergency Response Procedures including employee certificates for current First Aid and CPR training

(c) Letter signed by an officer of the company designating the full-time job superintendent and his qualifications

(d) Quality Control Plan

(e) List of Subcontractors - Including written statement that no first tier subs are presently debarred or suspended from Government work

(f) Environmental Protection Plan

(g) Submit at least two (2) completed Safety Checklists for

Mobile Construction Equipment (SAD FORM 1666-R). See ATTACHMENTS. These safety inspection checklists should include identified safety deficiencies with corrective actions taken while performing work in other Corps of Engineers Districts.

SECTION 01100 PAGE 4

1.2.3 Construction Quality Control Report

The Contracting Officer's Representative will instruct the

Contractor in the preparation of the "Construction Quality Control Report", which the Contractor will submit daily.

1.2.4 Letter of Record

A Letter of Record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting Officer's Representative to all in attendance.

1.3 PROGRESS CHARTS (OMITTED)

1.4 CERTIFICATES OF COMPLIANCE (OMITTED)

1.5 CONSOLIDATED REPORT (OMITTED)

1.6 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in Section 0700, Contract Clauses, clause entitled PERMITS AND RESPONSIBILITIES.

However, if, in the judgement of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane, or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to the Contract Clause, CHANGES will be made as full compensation to the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

SECTION 01100 PAGE 5

1.7 PHYSICAL CONDITIONS AND DATA

1.7.1 General

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

1.7.2 Physical Conditions

The physical conditions indicated on the drawings and in the specifications are the result of site investigations by the U.S. Army Corps of Engineers, Charleston District, Technical Services Division, Operations Branch, Navigation Section.

It highly recommended that bidders conduct their own investigations and decide for themselves the wetness of the site, the character of the materials, and the difficulties of performing the work.

1.7.3 Weather Conditions

The areas in which work is to be done under these specifications are workable during the entire year; however, tropical storms may require that operations be suspended temporarily. The season for tropical storms is during the period June - October; during such disturbances precaution should be taken to secure all plant and equipment. In addition, heavy saturating rains can occur at any time of the year which will render the disposal site and/or materials too wet to work for extended periods of time.

1.7.4 Transportation Facilities

The Port of Charleston is served by Norfolk Southern Railway

System and CSX Transportation Railroad. Marine repair facilities, docking and fueling facilities, provisions, and marine supplies are also available.

1.7.5 Tides

The mean range of tide at U.S. Customhouse Wharf, Charleston, South Carolina is 5.22 feet and spring range is

6.15 feet.

SECTION 01100 PAGE 6

The mean range of tide in the vicinity of Clouter Creek

Disposal Area (north entrance of Clouter Creek into Cooper River) is 5.48 feet and spring range is 6.36 feet.

1.7.6 Location and Access

Clouter Creek Disposal Area is located on the east bank of the Cooper River, about four (4) miles upstream of the confluence of the Wando and Cooper Rivers, and about seven

(7) miles north of Charleston, South Carolina, and is accessible only by water. A fixed concrete pier on the Cooper River side of the South Cell may be used by the Contractor to tie up a work boat or crew boat. The Contractor shall obtain any and all rights-of-entry across private lands that he may use. The Contractor shall be held responsible for liabilities of any nature or kind arising from any trespassing or damage occasioned by his operations.

1.7.7 Condition of Site

It is highly recommended that prospective bidders examine the areas of work, prior to submission of bids, in order to determine for themselves the accessibility for transportation of personnel, supplies and equipment and also to familiarize themselves as to the nature and general arrangement of work areas.

1.7.8 Records

Field notes, maps, records, and other design data used to formulate the plans and specifications for this work are available for review at the U.S. Army Corps of Engineers, Charleston District, Technical Services Division, Operations Branch, Navigation Section, 69A Hagood Avenue, Charleston, South Carolina. To view these records, bidders may schedule an appointment with Mr. Brian Wells, phone (843) 329-8049.

Copies of historical files other than those which Mr. Wells has assembled may be requested under the Freedom of Information Act, attention: Office of Counsel. These records will be released to the Bidder within ten working days after the receipt of a proper Freedom of Information Act (FOIA) request.

SECTION 01100 PAGE 7

1.8 PAYMENT FOR SUSPENSION OF WORK, MOVEMENT OF EQUIPMENT,

DOWNTIME, AND BOGGED-DOWN TIME (SAC - RENTAL ONLY)

(a) The Government may suspend operations of any and all equipment when conditions exist which would hinder satisfactory performance. These conditions include, but are not limited to, adverse weather, wet materials, unstable foundations, or Contractor inefficiency. No payment will be made for lost time under such suspensions. The Contractor has the option, under suspensions of more than fourteen (14) calendar days, of moving equipment from the site of assignment, as convenience requires. If the Contractor exercises this option, additional mobilization and demobilization costs will be negotiated, but only in cases where such suspension does not involve Contractor inefficiency. The plant shall be returned, during such authorized suspensions, within five (5) calendar days after receipt by the Contractor or his authorized representative of notice to resume operations.

(b) Movement of equipment from designated mobilization points to areas where work is directed to begin and other movement within the disposal area, as directed by the Contracting Officer, will be paid for at the specified hourly rate. Maintenance and repair including routine fueling and lubrication are the Contractor's responsibility and no payment, therefore, shall be made for such downtime. It shall be the responsibility of the operator to determine suitability of supporting ground prior to advance. If the operator advances a piece of equipment in a negligent manner (as determined by the Contracting Officer) and "bogs" it down, no payment will be allowed for such "bogged-down" time.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

SECTION 01312 PAGE 1

SECTION 01312

QUALITY CONTROL SYSTEM (QCS)

PART 1 GENERAL

1.1 GENERAL

1.1.1 Correspondence and Electronic Communications

1.1.2 Other Factors

1.2 QCS SOFTWARE

1.3 SYSTEM REQUIREMENTS

1.3.1 Hardware

1.3.2 Software

1.4 RELATED INFORMATION

1.4.1 QCS User Guide

1.4.2 Contractor Quality Control (CQC) Training

1.5 CONTRACT DATABASE

1.6 DATABASE MAINTENANCE

1.6.1 Administration

1.6.1.1 Contractor Information

1.6.1.2 Subcontractor Information

1.6.1.3 Correspondence

1.6.1.4 Equipment

1.6.1.5 Management Reporting

1.6.2 Finances

1.6.2.1 Pay Activity Data

1.6.2.2 Payment Requests

1.6.3 Quality Control (QC)

1.6.3.1 Daily Contractor Quality Control (CQC) Reports.

1.6.3.2 Deficiency Tracking.

1.6.3.3 Three-Phase Control Meetings

1.6.3.4 Accident/Safety Tracking.

1.6.3.5 Features of Work

1.6.3.6 QC Requirements

1.6.4 Submittal Management

1.6.5 Schedule

1.6.6 Import/Export of Data

1.7 IMPLEMENTATION

1.8 DATA SUBMISSION VIA COMPUTER DISKETTE OR CD-ROM

1.8.1 File Medium

1.8.2 Media Format Labels

1.8.3 File Names

1.9 MONTHLY COORDINATION MEETING

1.10 NOTIFICATION OF NONCOMPLIANCE

-- End of Section Table of Contents –

SECTION 01312 PAGE 2

SECTION 01312

QUALITY CONTROL SYSTEM (QCS)

1.1 GENERAL

The Government will use the Resident Management System for Windows (RMS) to assist in its monitoring and administration of this contract. The Contractor shall use the Government-furnished Construction Contractor Module of RMS, referred to as QCS, to record, maintain, and submit various information throughout the contract period. The Contractor module, user manuals, updates, and training information can be downloaded from the RMS web site.

This joint Government-Contractor use of RMS and QCS will facilitate electronic exchange of information and overall management of the contract. QCS provides the means for the Contractor to input, track, and electronically share information with the Government in the following areas:

Administration Finances Quality Control Submittal Monitoring Scheduling Import/Export of Data

1.1.1 Correspondence and Electronic Communications

For ease and speed of communications, both Government and Contractor will, to the maximum extent feasible, exchange correspondence and other documents in electronic format.

Correspondence, pay requests and other documents comprising the official contract record shall also be provided in paper format, with signatures and dates where necessary. Paper documents will govern, in the event of discrepancy with the electronic version.

1.1.2 Other Factors

Particular attention is directed to Contract Clause, "Schedules for Construction Contracts", Contract Clause, "Payments", Contract Clause, PROJECT SCHEDULE, Section 01330, SUBMITTAL PROCEDURES, and Section 01451, CONTRACTOR QUALITY CONTROL, which have a direct relationship to the reporting to be accomplished through QCS. Also, there is no separate payment for establishing and maintaining the QCS database; all costs associated therewith shall be included in the contract pricing for the work.

1.2 QCS SOFTWARE

QCS is a Windows-based program that can be run on a stand-alone personal computer or on a network. The Government will make available the QCS software to the Contractor after award of the construction contract. Prior to the Pre-Construction Conference, the Contractor shall be responsible to download, install and use the latest version of the QCS software from the Government's RMS Internet Website. Upon specific justification and request by the Contractor, the Government can provide QCS on CD-ROM. Any program

SECTION 01312 PAGE 3

updates of QCS will be made available to the Contractor via the Government RMS Website as they become available.

1.3 SYSTEM REQUIREMENTS

The following listed hardware and software is the minimum system configuration that the Contractor shall have to run QCS:

1.3.1 Hardware

(a) IBM-compatible PC with 500 MHz Pentium or higher processor

(b) 128+ MB RAM for workstation / 256+ MB RAM for server

(c) 1 GB hard drive disk space for sole use by the QCS system

(d) Compact disk (CD) Reader, 8x speed or higher

(e) SVGA or higher resolution monitor (1024 x 768, 256 colors)

(f) Mouse or other pointing device

(g) Windows compatible printer (Laser printer must have 4+ MB of

RAM)

(h) Connection to the Internet, minimum 56 BPS

1.3.2 Software

(a) MS Windows 98, ME, NT, or 2000

(b) Word Processing software compatible with MS Word 97 or newer

(c) Latest version of: Netscape Navigator, Microsoft Internet Explorer, or other browser that supports HTML 4.0 or higher

(d) Electronic mail (E-mail), MAPI compatible

(e) Virus protection software that is regularly upgraded with all issued manufacturer's updates

1.4 RELATED INFORMATION

1.4.1 QCS User Guide

After contract award, the Contractor shall download instructions for the installation and use of QCS from the Government RMS Internet Website; the Contractor can obtain the current address from the Government. In case of justifiable difficulties, the Government will provide the Contractor with a CD-ROM containing these instructions.

1.4.2 Contractor Quality Control (CQC) Training

The use of QCS will be discussed with the Contractor's QC System Manager during the mandatory CQC Training class.

1.5 CONTRACT DATABASE

Prior to the pre-construction conference, the Government shall provide the Contractor with basic contract award data to use for QCS. The Government will provide data updates to the Contractor as needed, generally by files attached to E-mail. These updates will generally consist of submittal reviews, correspondence status, QA comments, and other administrative and QA data.

SECTION 01312 PAGE 4

1.6 DATABASE MAINTENANCE

The Contractor shall establish, maintain, and update data for the contract in the QCS database throughout the duration of the contract. The Contractor shall establish and maintain the QCS database at the Contractor's site office. Data updates to the Government shall be submitted by E-mail with file attachments, e.g., daily reports, schedule updates, payment requests. If permitted by the Contracting Officer, a data diskette or CD-ROM may be used instead of E-mail (see Paragraph DATA SUBMISSION VIA CD-ROM). The QCS database typically shall include current data on the following items:

1.6.1 Administration

1.6.1.1 Contractor Information

The database shall contain the Contractor's name, address, telephone numbers, management staff, and other required items.

Within 14 calendar days of receipt of QCS software from the Government, the Contractor shall deliver Contractor administrative data in electronic format via E-mail.

1.6.1.2 Subcontractor Information

The database shall contain the name, trade, address, phone numbers, and other required information for all subcontractors. A subcontractor must be listed separately for each trade to be performed. Each subcontractor/trade shall be assigned a unique Responsibility Code, provided in QCS. Within 14 calendar days of receipt of QCS software from the Government, the Contractor shall deliver subcontractor administrative data in electronic format via E-mail.

1.6.1.3 Correspondence

All Contractor correspondence to the Government shall be identified with a serial number. Correspondence initiated by the Contractor's site office shall be prefixed with "S". Letters initiated by the Contractor's home (main) office shall be prefixed with "H". Letters shall be numbered starting from 0001.

(e.g., H-0001 or S-0001). The Government's letters to the Contractor will be prefixed with "C".

1.6.1.4 Equipment

The Contractor's QCS database shall contain a current list of equipment planned for use or being used on the jobsite, including the most recent and planned equipment inspection dates.

1.6.1.5 Management Reporting

QCS includes a number of reports that Contractor management can use to track the status of the project. The value of these reports is reflective of the quality of the data input, and is maintained in the various sections of QCS. Among these reports

SECTION 01312 PAGE 5

are: Progress Payment Request worksheet, QA/QC comments, Submittal Register Status, Three-Phase Inspection checklists.

1.6.2 Finances

1.6.2.1 Pay Activity Data

The QCS database shall include a list of pay activities that the Contractor shall develop in conjunction with the construction schedule. The sum of all pay activities shall be equal to the total contract amount, including modifications. Pay activities shall be grouped by Contract Line Item Number (CLIN), and the sum of the activities shall equal the amount of each CLIN. The total of all CLINs equals the Contract Amount.

1.6.2.2 Payment Requests

All progress payment requests shall be prepared using QCS. The Contractor shall complete the payment request worksheet and include it with the payment request. The work completed under the contract, measured as percent or as specific quantities, shall be updated at least monthly. After the update, the Contractor shall generate a payment request report using QCS. The Contractor shall submit the payment requests with supporting data by E-mail with file attachment(s). If permitted by the Contracting Officer, a data diskette may be used instead of E-mail. A signed paper copy of the approved payment request is also required, which shall govern in the event of discrepancy with the electronic version.

1.6.3 Quality Control (QC)

QCS provides a means to track implementation of the 3-phase QC Control System, prepare daily reports, identify and track deficiencies, document progress of work, and support other contractor QC requirements. The Contractor shall maintain this data on a daily basis. Entered data will automatically output to the QCS generated daily report. The Contractor shall provide the Government a Contractor Quality Control (CQC) Plan within the time required in Section 01451, CONTRACTOR QUALITY CONTROL.

Within seven calendar days of Government acceptance, the Contractor shall submit a data diskette or CD-ROM reflecting the information contained in the accepted CQC Plan: schedule, pay activities, features of work, submittal register, QC requirements, and equipment list.

1.6.3.1 Daily Contractor Quality Control (CQC) Reports.

QCS includes the means to produce the Daily CQC Report. The Contractor may use other formats to record basic QC data.

However, the Daily CQC Report generated by QCS shall be the Contractor's official report. Data from any supplemental reports by the Contractor shall be summarized and consolidated onto the QCS-generated Daily CQC Report. Daily CQC Reports shall be submitted as required by Section 01451A, CONTRACTOR QUALITY CONTROL. Reports shall be submitted electronically to the Government using E-mail or diskette within 24 hours after the date covered by the report. Use of either mode of submittal shall

SECTION 01312 PAGE 6

be coordinated with the Government representative. The Contractor shall also provide the Government a signed, printed copy of the daily CQC report.

1.6.3.2 Deficiency Tracking.

The Contractor shall use QCS to track deficiencies. Deficiencies identified by the Contractor will be numerically tracked using QC punch list items. The Contractor shall maintain a current log of its QC punch list items in the QCS database. The Government will log the deficiencies it has identified using its QA punch list items. The Government's QA punch list items will be included in its export file to the Contractor. The Contractor shall regularly update the correction status of both QC and QA punch list items.

1.6.3.3 Three-Phase Control Meetings

The Contractor shall maintain scheduled and actual dates and times of preparatory and initial control meetings in QCS.

1.6.3.4 Accident/Safety Tracking.

The Government will issue safety comments, directions, or guidance whenever safety deficiencies are observed. The Government's safety comments will be included in its export file to the Contractor. The Contractor shall regularly update the correction status of the safety comments. In addition, the Contractor shall utilize QCS to advise the Government of any accidents occurring on the jobsite. This brief supplemental entry is not to be considered as a substitute for completion of mandatory reports, e.g., ENG Form 3394 and OSHA Form 300.

1.6.3.5 Features of Work

The Contractor shall include a complete list of the features of work in the QCS database. A feature of work may be associated with multiple pay activities. However, each pay activity (see subparagraph "Pay Activity Data" of paragraph "Finances") will only be linked to a single feature of work.

1.6.3.6 QC Requirements

The Contractor shall develop and maintain a complete list of QC testing, transferred and installed property, and user training requirements in QCS. The Contractor shall update all data on these QC requirements as work progresses, and shall promptly provide this information to the Government via QCS.

1.6.4 Submittal Management

The Government will provide the initial submittal register, ENG Form 4288, SUBMITTAL REGISTER, in electronic format. Thereafter, the Contractor shall maintain a complete list of all submittals, including completion of all data columns. Dates on which submittals are received and returned by the Government will be included in its export file to the Contractor. The Contractor shall use QCS to track and transmit all submittals. ENG Form

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4025, submittal transmittal form, and the submittal register update, ENG Form 4288, shall be produced using QCS. RMS will be used to update, store and exchange submittal registers and transmittals, but will not be used for storage of actual submittals.

1.6.5 Schedule

The Contractor shall develop a construction schedule consisting of pay activities, in accordance with Contract Clause "Schedules for Construction Contracts", or Section 01320A, PROJECT SCHEDULE, as applicable. This schedule shall be input and maintained in the QCS database either manually or by using the Standard Data Exchange Format (SDEF) (see Section 01320A PROJECT SCHEDULE). The updated schedule data shall be included with each pay request submitted by the Contractor.

1.6.6 Import/Export of Data

QCS includes the ability to export Contractor data to the Government and to import submittal register and other Government-provided data, and schedule data using SDEF.

1.7 IMPLEMENTATION

Contractor use of QCS as described in the preceding paragraphs is mandatory. The Contractor shall ensure that sufficient resources are available to maintain its QCS database, and to provide the Government with regular database updates. QCS shall be an integral part of the Contractor's management of quality control.

1.8 DATA SUBMISSION VIA COMPUTER DISKETTE OR CD-ROM

The Government-preferred method for Contractor's submission of updates, payment requests, correspondence and other data is by E-mail with file attachment(s). For locations where this is not feasible, the Contracting Officer may permit use of computer diskettes or CD-ROM for data transfer. Data on the disks or CDs shall be exported using the QCS built-in export function. If used, diskettes and CD-ROMs will be submitted in accordance with the following:

1.8.1 File Medium

The Contractor shall submit required data on an approved media format, CD-ROMs may be used. Approved media format shall conform to industry standards used in the United States. All data shall be provided in English.

1.8.2 Media format Labels

The Contractor shall affix a permanent exterior label to each approved media format submitted. The label shall indicate in English, the QCS file name, full contract number, contract name, project location, data date, name and telephone number of person responsible for the data.

SECTION 01312 PAGE 8

1.8.3 File Names

The Government will provide the file names to be used by the Contractor with the QCS software.

1.9 MONTHLY COORDINATION MEETING

The Contractor shall update the QCS database each workday. At least monthly, the Contractor shall generate and submit an export file to the Government with schedule update and progress payment request. As required in Contract Clause "Payments", at least one week prior to submittal, the Contractor shall meet with the Government representative to review the planned progress payment data submission for errors and omissions. The Contractor shall make all required corrections prior to Government acceptance of the export file and progress payment request. Payment requests accompanied by incomplete or incorrect data submittals will be returned. The Government will not process progress payments until an acceptable QCS export file is received.

1.10 NOTIFICATION OF NONCOMPLIANCE

The Contracting Officer will notify the Contractor of any detected non-compliance with the requirements of this specification. The Contractor shall take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, shall be deemed sufficient for the purpose of notification.

-- End of Section 01312 --

SECTION TABLE OF CONTENTS 01355A PAGE 1

SECTION 01355A

ENVIRONMENTAL PROTECTION

1.1 GENERAL REQUIREMENTS

1.2 QUALITY CONTROL

1.3 REFERENCES

1.4 DEFINITIONS

1.4.1 Environmental Pollution and Damage

1.4.2 Environmental Protection

1.4.3 Contractor Generated Hazardous Waste

1.4.4 Pesticide

1.4.5 Pests

1.4.6 Waters of the United States

1.4.7 Wetlands

1.5 SUBCONTRACTORS

1.6 PAYMENT

1.7 SUBMITTALS

1.8 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.8.1 Environmental Protection

1.8.2 Environmental Litigation

1.8.3 Work in Quarantined Areas (1968 May OCE)

1.9 ENVIRONMENTAL PROTECTION PLAN

1.9.1 Compliance

1.9.2 Contents

1.9.3 Appendix

1.10 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL

1.11 NONCOMPLIANCE

1.12 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.13 NOTIFICATION

1.14 QUALITY CONTROL

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 ENVIRONMENTAL COMMITMENTS

3.2 WATER RESOURCES

3.3 AIR RESOURCES

3.4 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.4.1 Solid Wastes

3.4.2 Chemicals and Chemical Wastes

3.4.3 Contractor Generated Hazardous Wastes/Excess Hazardous

Materials

SECTION TABLE OF CONTENTS 01355A PAGE 2

3.4.4 Fuel and Lubricants

3.5 RECYCLING AND WASTE MINIMIZATION

3.6 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.7 BIOLOGICAL RESOURCES

3.8 COMPLIANCE WITH ENDANGERED SPECIES ACT AND THE MARINE

MAMMALS PROTECTION ACT

3.8.1 Manatees

3.9 Environmental Report

SECTION 01355A PAGE 1

SECTION 01355A

ENVIRONMENTAL PROTECTION

1.1 GENERAL REQUIREMENTS

The Contractor shall furnish all labor, materials and equipment and perform all work required to prevent environmental pollution and damage as the result of construction operations under this contract and for those measures set forth in other Technical Requirements of these specifications. The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. For the purpose of this specification, environmental pollution and damage are defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of plant or animal communities; or degrade the utility of the environment of aesthetic, cultural, or historical perspective. Environmental protection is the prevention/control of pollution and habitat disruption that may occur during construction. The control of environmental pollution and damage requires consideration of air, water, and land, biological and cultural resources; and includes management of visual aesthetics, noise, solid, gaseous, and liquid waste, radiant energy and radioactive materials, and other pollutants. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable Federal, state and local environmental laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

1.2 QUALITY CONTROL

The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein.

The Contractor shall record on daily quality control reports or attachments thereto, any problems in complying with laws, regulations and ordinances, and corrective action taken.

SECTION 01355A PAGE 2

1.3 REFERENCES

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

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

33 CFR 328 Definitions

40 CFR 68 Chemical Accident Prevention

Provisions

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

49 CFR 171 - 178 Hazardous Materials Regulations

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2003) U.S. Army Corps on Engineers

Safety and Health Requirements Manual

ER 1110-1-5 (1984) Plant Pest Quarantined Areas and Foreign Soil Samples, ENG Form 1743, ENG Form 1743A

WETLAND MANUAL Corps of Engineers Wetlands

Delineation Manual Technical Report Y- 87-1

1.4 DEFINITIONS

1.4.1 Environmental Pollution and Damage

Environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare;

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unfavorably alter ecological balances of plant or animal communities; or degrade the environment from an aesthetic, cultural or historic perspective. Environmental protection is the prevention/control of pollution and habitat disruption that may occur during construction. The control of environmental pollution and damage requires consideration of air, water, land, biological and cultural resources; and includes management of visual aesthetics;

noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive materials; and other pollutants.

Stewardship of environmental and cultural resources is an important responsibility of the Corps of Engineers and its contractors, and thus is a continual goal. For the purpose of this specification, environmental and cultural resource protection includes preventing (1) release into the environment of significant amounts of pollutants (chemical, physical, or biological substances or agents) having the potential to adversely affect human health or other life forms; (2) addition of excessive, quantities of silt and/or sediment to water bodies; (3) unfavorable alteration of ecological relationships; (4) significant adverse impacts on fish and wildlife resources; (5) reduction of aesthetic or recreational values of the environment; (6) creation of major or unpleasant increases in noise levels; and (7) disturbance of significant historical or archaeological objects. The Contractor shall conduct all activities performed under this contract in a manner which supports these protection goals, including the use of management measures to control solid and liquid waste, noise levels, radioactive materials, siltation and sedimentation, and pollutants in any form. The work covered by this section consists of furnishing all labor, material, and equipment and performing all work required for environmental protection during and/or as a result of construction operations under this contract. Additional instructions related to specific aspects of environmental and cultural resource compliance appear in other provisions of these specifications

1.4.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

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1.4.3 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.

1.4.4 Pesticide

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

1.4.5 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.

1.4.6 Waters of the United States

All waters which are under the jurisdiction of the Clean

Water Act, as defined in 33 CFR 328.

1.4.7 Wetlands

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with WETLAND MANUAL.

1.5 SUBCONTRACTORS

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The Contractor shall ensure that all subcontractors comply with the requirements of this section.

1.6 PAYMENT

The Contractor shall be responsible for payment of fees associated with environmental permits, applications, and/or notices obtained by the Contractor. The Contractor shall also be responsible for payment of all fines and fees for violation of, or non-compliance with, Federal, state, regional, and local laws and regulations. No separate payment will be made for work covered under this section.

All costs for complying with the requirements of this section shall be included in the contract prices for other items of work.

1.7 SUBMITTALS

Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01330 SUBMITTAL PROCEDURES:

Environmental Protection Plan; GA

Submit a draft plan detailing Contractor’s procedures for protecting the environment at the preconstruction conference.

Report; GA

SD-09 Reports

Manatee Sighting Form;

Completed Manatee Sighting Form documenting each manatee sighted, as specified in Paragraph Sightings and Reporting.

1.8 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.8.1 Environmental Protection

It is the responsibility of the Contractor to investigate and comply with all Federal, state, county, and municipal laws concerning pollution of air and water, and for the protection of public and employee health, and for damages to shellfish, fish, and wildlife. The Contractor shall provide sufficient safeguards to prevent pollution to the waterways by excessive release of sediment or by spillage or waste of

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paints, pesticides, fuels, oils, bitumen, calcium chloride, or other similar materials harmful to public health, water quality, fish, shellfish, or wildlife. The Contractor shall undertake immediate corrective action in response to any violation of applicable environmental protection laws and regulations, or the environmental protection provisions of this section. Federal immunity, supremacy, or preemption may preclude the application of some state or local laws and regulations.

1.8.2 Environmental Litigation

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the Contract Clause SUSPENSION

OF WORK.

The term "environmental litigation", as used herein, means a criminal or civil proceeding alleging a violation or potential violation of an environmental law, regulation or ordinance related to the work to be performed under this contract.

1.8.3 Work in Quarantined Areas (1968 May OCE)

The work called for by this contract involves activities in a county quarantined by the Department of Agriculture to prevent the spread of certain plant pests that may be present in the soil. The Contractor agrees that all construction equipment and tools to be moved from such counties shall be thoroughly cleaned of all soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, if this contract involves the identification, shipping, storage, testing, or disposal of soils from such a quarantined area, the Contractor agrees to comply with the provisions of ER 1110- 1-5 and attachments, a copy of which will be made available by the Contracting Officer upon request. The Contractor

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agrees to assure compliance with this obligation by all subcontractors.

1.9 ENVIRONMENTAL PROTECTION PLAN

At the preconstruction conference, the Contractor shall submit a written Environmental Protection Plan for review and approval by the Contracting Officer. Implementation of the Environmental Protection Plan will be discussed at the preconstruction conference along with reporting requirements, possible subsequent additions and revisions, and methods for administration of the plan. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this section.

The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required construction tasks. Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. The Environmental Protection Plan shall be current and maintained onsite by the Contractor.

1.9.1 Compliance

No requirement in this Section shall be construed as relieving the Contractor of any applicable Federal, state, and local environmental protection laws and regulations.

During Construction, the Contractor shall be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection Plan.

1.9.2 Contents

The environmental protection plan shall include, but shall not be limited to, the following:

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

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

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

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

e. A list of the primary Federal, state, and local laws and regulations concerning environmental protection that are applicable to the Contractor’s proposed operations and the principal requirements imposed by those laws and regulations which apply to the work under this contract.

f. The Spill Control plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under state or local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. This plan shall include as a minimum:

1. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer and U.S.

Coast Guard in addition to the legally required Federal, state, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. The plan shall contain 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 hazards 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.

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g. A non-hazardous solid waste disposal plan identifying methods and locations for solid waste disposal. The plan shall include schedules for disposal. The Contractor shall identify any subcontractors responsible for the transportation and disposal of solid waste. Licenses or permits shall be submitted for solid waste disposal sites that are not a commercial operating facility. Evidence of the disposal facility's acceptance of the solid waste shall be attached to this plan during construction. Reports shall be submitted on the first working day of each month after non-hazardous solid waste has been disposed. The report shall indicate the total amount of waste generated.

h. A recycling and solid waste minimization plan with a list of measures to reduce consumption of energy and natural resources. The plan shall detail 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.

i. An air pollution control plan detailing provisions to assure that dust, debris, materials, trash, etc., do not become air borne and do not travel offsite.

j. 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 on site at any given time shall be included in the contaminant prevention plan. The plan shall be updated if new hazardous materials are brought on site or removed from the site.

k. A historical, archaeological, cultural resources, and biological resources plan that identifies procedures to be followed if historical archaeological, cultural resources, and biological resources not previously known to be onsite or in the area are discovered during construction. The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer.

l. A pesticide treatment plan shall be included and updated, as information becomes available. The plan shall include the

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sequence of treatment, dates, times, locations, pesticide trade name, EPA registration numbers, authorized uses, chemical composition, formulation, original and applied concentration, application rates of active ingredient (i.e.

pounds of active ingredient applied), equipment used for application and calibration of equipment. The Contractor is responsible for Federal, state, regional, and local pest management record keeping and reporting requirements as well as any additional specific requirements.

m. A biological resources protection plan that defines procedures for identifying and protecting endangered or threatened species, or other biological resources, known to be on the projects site, and/or identifies procedures to be followed if such resources not previously known to be onsite or in the area are discovered during dredging activities.

The plan shall include methods to assure the protection of known or discovered resources and shall identify lines of communication between Contractor personnel and the Contracting Officer.

1.9.3 Appendix

Copies of all certifications, reports, and termination documents shall be attached, as an appendix, to the Environmental Protection Plan.

1.10 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL

Contractor personnel shall be trained in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment, and shall be thoroughly knowledgeable of Federal, state and local laws and regulations as listed in the Environmental Protection Plan submitted by the Contractor. Quality control personnel will be identified in the Quality Control Plan submitted in accordance with SECTION 01451 CONTRACTOR

QUALITY CONTROL.

1.11 NONCOMPLIANCE

The Contracting Officer will notify the Contractor, in writing, of any observed noncompliance with the aforementioned Federal, state, or local laws and

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regulations, and other elements of the Contractor’s environmental protection plan. This shall not relieve the contractor of the responsibility to comply with the aforementioned Federal, state, or local laws and regulations, and other elements of the Contractor’s environmental protection plan.