Amend 0001 W912HY21B0004.pdf

W45VAK03438095

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

1. The specif ications for Solicitation No. W912HY21B0004, HOUSTON SHIP CHANNEL HOUSTON, TX HOUSETRACT PLACEMENT AREA, PROJECT MANUAL FOR SEEPAGE REPAIR, IN HARRIS COUNTY TX., are hereby amended as follow s:

*(THE BID DUE DATE IS TO REMAIN THE SAME)

a) Specifications.

(1) SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION – The enclosed SECTION 01 57 20.00 45 entitled ENVIRONMENTAL PROTECTION supersedes that issued w ith this Solicitation.

b) Draw ings. (1) NONE

2. This amendment shall be attached to and become a part of the solicitation.

01 Encls:

1. SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

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 W912HY21B0004

X 9B. DATED (SEE ITEM 11)

07-Jan-2021

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 is extended, X 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

20-Jan-2021

CODE

US ARMY CORPS OF ENGINEERS

2000 FORT POINT ROAD

P.O. BOX 1229

GALVESTON TX 77553-1229

W912HY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HY21B0004

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY21B0004, HOUSTON SHIP CHANNEL

HOUSTON, TX HOUSETRACT PLACEMENT AREA, PROJECT MANUAL FOR SEEPAGE

REPAIR, IN HARRIS COUNTY TX., are hereby amended as follows:

*(THE BID DUE DATE IS TO REMAIN THE SAME)

a) Specifications.

(1) SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION – The enclosed SECTION 01 57 20.00 45 entitled ENVIRONMENTAL PROTECTION supersedes that issued with this Solicitation.

b) Drawings.

(1) NONE

2. This amendment shall be attached to and become a part of the solicitation.

01 Encls:

1. SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION

SWG FILE NO.: HSC 401-582 SOLICITATION NO. : W912HY21B0004

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 45

ENVIRONMENTAL PROTECTION AMENDMENT NO. 0001

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Land Application for Discharge Water

1.2.5 Pesticide

1.2.6 Pests

1.2.7 Surface Discharge

1.2.8 Waters of the United States

1.2.9 Wetlands

1.3 GENERAL REQUIREMENTS

1.4 WORK IN QUARANTINED AREA

1.5 SUBCONTRACTORS

1.6 PAYMENT

1.7 SUBMITTALS

1.8 ENVIRONMENTAL PROTECTION PLAN

1.8.1 Compliance

1.8.2 Contents

1.8.3 Appendix

1.9 PROTECTION FEATURES

1.10 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.10.1 Threatened And Endangered Species

1.10.2 Nesting Colonial Water Birds

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.12 NOTIFICATION

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Erosion and Sediment Controls

3.2.4 Contractor Facilities and Work Areas

3.3 WATER RESOURCES

3.3.1 Cofferdams, Diversions, and Dewatering Operations

3.3.2 Stream Crossings

3.3.3 Wetlands

3.4 AIR RESOURCES

3.4.1 Particulates

SECTION 01 57 20.00 45 Page 1

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO. W912HY21B0004

3.4.2 Odors

3.4.3 Sound Intrusions

3.4.4 Burning

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 Solid Wastes

3.5.2 Chemicals and Chemical Wastes

3.5.3 Contractor Generated Hazardous Wastes and Excess Hazardous

Materials

3.5.4 Fuel and Lubricants AM#1

3.5.5 Waste Water

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8 BIOLOGICAL RESOURCES

3.9 PREVIOUSLY USED EQUIPMENT

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.10.1 Storm Water Pollution Prevention Plan

3.11 TRAINING OF CONTRACTOR PERSONNEL

3.12 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

SECTION 01 57 20.00 45 Page 2

SECTION 01 57 20.00 45

ENVIRONMENTAL PROTECTION

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

WETLANDS DELINEATION MANUAL (1987) Corps of Engineers Wetlands Delineation Manual

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

33 CFR 328 Definitions of Waters of the United States

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and

SECTION 01 57 20.00 45 Page 3 habitat disruption that may occur to the environment during construction.

The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy; and radioactive material as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed, may meet the definition of a hazardous waste. These waste streams will typically consist of material brought on-site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to excess paint thinners, (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.2.4 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor shall discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" shall occur. Land Application shall be in compliance with the applicable Federal, State, and local laws and regulations.

1.2.5 Pesticide

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

1.2.6 Pests

The term "pests" includes 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.

1.2.7 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, creeks, and/or "waters of the United States" and will require a permit to discharge water from the governing agency.

1.2.8 Waters of the United States

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

1.2.9 Wetlands

Those areas that are inundated or saturated by surface or ground water at

SECTION 01 57 20.00 45 Page 4 a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with

WETLANDS DELINEATION MANUAL.

1.3 GENERAL REQUIREMENTS

Minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work must be protected during the entire duration of this Contract. Comply with all applicable environmental Federal, State, and local laws and regulations. Any delays resulting from failure to comply with environmental laws and regulations will be the Contractor's responsibility.

1.4 WORK IN QUARANTINED AREA

The work called for by this Contract involves activities in counties quarantined by the Department of Agriculture to prevent the spread of certain plant pests which may be present in the soil. The Contractor agrees that construction equipment and tools to be moved from Harris County shall be thoroughly cleaned of soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other methods to remove the soil. In addition, if this Contract involves the identification, shipping, storage, testing, or disposal of soils from quarantined areas, the Contractor agrees to comply with the provisions of ER 1110-1-5 - PLANT PEST QUARANTINED AREA AND FOREIGN SOIL SAMPLES and its attachments. The Contractor agrees to assure compliance with this obligation by all subcontractors.

1.5 SUBCONTRACTORS

Ensure compliance with this Section by subcontractors.

1.6 PAYMENT

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

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

1.7 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 the SECTION 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan ; G

Within 15 calendar days from award date, submit in writing the Environmental Protection Plan. Approval of the Contractor's Plan

SECTION 01 57 20.00 45 Page 5 will not relieve the Contractor of its responsibility for adequate and continuing control of pollutants and other environmental protection measures.

Storm Water Pollution Prevention Plan

Within 15 calendar days from award date, submit in writing the Storm Water Pollution Prevention Plan. Approval of the Contractor's Plan will not relieve the Contractor of its responsibility for adequate and continuing control of Storm Water Pollution measures.

Notice Of Intent

1.8 ENVIRONMENTAL PROTECTION PLAN

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

1.8.1 Compliance

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

1.8.2 Contents

Include in the Environmental Protection Plan, but not limit it to, the following:

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

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

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

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

SECTION 01 57 20.00 45 Page 6

e. An erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided. The plan must include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment control plan, Federal, State, and local laws and regulations. A Storm Water Pollution Prevention Plan (SWPPP) may be substituted for this plan.

f. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

i. Drawing showing the location of borrow areas.

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

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

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

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

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

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

SECTION 01 57 20.00 45 Page 7 unforeseen spill emergency.

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

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

(1) Identify any subcontractors responsible for the transportation and disposal of solid waste. Submit licenses or permits for solid waste disposal sites that are not a commercial operating facility.

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

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

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

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

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

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

n. A waste water management plan that identifies the methods and procedures for management and discharge of waste waters which are directly derived from construction activities, such as concrete curing water, clean-up water, dewatering of ground water, disinfection water, hydrostatic test water, and water used in flushing of lines. If a settling/retention pond is required, the plan must include the design of the pond including drawings, removal plan, and testing requirements for possible pollutants. If land application will be the method of disposal for the waste water, the plan must include a sketch showing the location for land application along with a description of the pretreatment methods to be implemented. If surface discharge will be the method of disposal, include a copy of the permit and associated

SECTION 01 57 20.00 45 Page 8 documents as an attachment prior to discharging the waste water. If disposal is to a sanitary sewer, the plan must include documentation that the Waste Water Treatment Plant Operator has approved the flow rate, volume, and type of discharge.

o. A historical, archaeological, cultural resources biological resources and wetlands plan that defines procedures for identifying and protecting historical, archaeological, cultural resources, biological resources and wetlands known to be on the project site: identifies procedures to be followed if historical archaeological, cultural resources, biological resources and wetlands not previously known to be onsite or in the area are discovered during construction. Include in the plan methods to assure the protection of known or discovered resources, identifying lines of communication between Contractor personnel and the Contracting Officer.

1.8.3 Appendix

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

1.9 PROTECTION FEATURES

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

1.10 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.10.1 Threatened And Endangered Species

Implement the following measures to avoid and minimize impacts on threatened and endangered species:

(1) Instruct personnel associated with the project of the potential presence of sea turtles and smalltooth sawfish and the need to avoid collisions with these species. Construction personnel are responsible for observing water-related activities for the presence of these species.

(2) Advise construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973.

SECTION 01 57 20.00 45 Page 9

(3) Filtration barriers shall be made of material in which a sea turtle or small tooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment.

(4) Vessels associated with the construction project shall operate at "no wake and idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a 4-foot clearance from the bottom. Vessels will preferentially follow deep-water routes, for example: marked channels, when possible.

(5) If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction or dredging operation or vessel movement, appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of mechanical construction equipment shall cease immediately if a sea turtle or small tooth sawfish is seen within a 50-foot radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.

(6) Collision with or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the local authorized sea turtle stranding or rescue organization (866-887-8535).

1.10.2 Nesting Colonial Water Birds

Colonial water birds may attempt to nest before or during commencement of dredging. Nesting season typically occurs from March to August. Begin discouraging birds within the site during nesting season as specified below. Perform inspections of the existing emergent ground, as specified herein. These inspections shall be conducted as often as necessary to successfully prevent establishment of nesting sites. Each inspection shall include traverses of the length of the existing embankment, from end to end. Each traverse shall cover the emergent area along each side of the existing embankment from the toe up to the embankment centerline including vegetated portions of the embankment.

The inspections shall include careful examination of areas on which nesting colonial water birds typically form scratched nests in the soil to lay eggs. The Contractor's inspector shall: (1) endeavor to identify each possible or potential nesting location consisting of scrapes or other indications of an attempt to make the nest and make note of the approximate latitude and longitude coordinates, and the interior or exterior or both side(s) of the embankment; (2) record the location(s) for inclusion with the daily report; and (3) thoroughly scuff over the potential nest sites to discourage return to the site by the nesting birds. The Inspector shall disturb the birds from the site while making the inspection traverse, by approved Methods from the Government, without physically touching or harming them. Prior unsuccessful methods include, but are not limited to clapping, shouting and hand waving, driving around on four wheel all terrain vehicles and various types of decoys. Prior successful methods include the use of a falconer, and require the appropriate licensing or permitting. Firearms and introducing predators to the placement area are strictly prohibited for this purpose. The purpose of the daily disturbance at the site is to prevent establishment of the nests and to prompt potential nesters to seek out alternative nesting sites until completion of work. Proposed methods and a bird

SECTION 01 57 20.00 45 Page 10 abatement plan shall be included in the Construction Plan and Environmental Protection Plan for approval. If bird nests, eggs or fledglings are encountered they shall not be disturbed and their location(s) shall be recorded. Operations and movement of equipment are prohibited within 1,000 feet of any active bird nests, unless otherwise allowed by the Contracting Officer.

1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

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

1.12 NOTIFICATION

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

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

Obtaining and complying with environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations is the Contractor's responsibility.

3.2 LAND RESOURCES

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

3.2.1 Work Area Limits

Mark the areas that need not be disturbed under this contract prior to

SECTION 01 57 20.00 45 Page 11 commencing construction activities. Mark or fence isolated areas within the general work area which are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the purpose for marking and protecting particular objects.

3.2.2 Landscape

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

3.2.3 Erosion and Sediment Controls

Providing erosion and sediment control measures in accordance with Federal, State of Texas, and local laws and regulations is the Contractor's responsibility. Submit a Storm Water Pollution Prevention Plan (SWPPP) developed in accordance with the Texas Pollutant Discharge Elimination System (TPDES). Select and maintain the erosion and sediment controls such that water quality standards are not violated as a result of construction activities. Submit in writing a Notice of Intent (NOI) to the regulatory agency (TCEQ) as required by TPDES General Permit No.

TXR150000. A copy of the NOI is to be submitted to the Contracting Officer. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. Construct or install temporary and permanent erosion and sediment control Best Management Practices (BMPs. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. Remove temporary measures after the area has been stabilized.

3.2.4 Contractor Facilities and Work Areas

Place field offices, staging areas, stockpile storage, and temporary buildings in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities will be made only when approved. Erosion and sediment controls must be provided for onsite borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and/or work areas must be controlled to protect adjacent areas.

3.3 WATER RESOURCES

Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits.

3.3.1 Cofferdams, Diversions, and Dewatering Operations

Construction operations for dewatering, removal of cofferdams, tailrace

SECTION 01 57 20.00 45 Page 12 excavation, and tunnel closure shall be controlled at all times to maintain compliance with existing State water quality standards and designated uses of the surface water body. Comply with State Water Quality Standards and Anti-degradation Provisions and the Clean Water Act Section 404, Nation Wide Permit, if applicable.

3.3.2 Stream Crossings

Stream crossings shall allow movement of materials or equipment without violating water pollution control standards of the Federal, State, and local governments.

3.3.3 Wetlands

Do not enter, disturb, destroy, or allow discharge of contaminants into wetlands.

3.4 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with all Federal and State air emission and performance laws and standards.

3.4.1 Particulates

Dust particles; aerosols and gaseous by-products from construction activities; and processing and preparation of materials, such as from asphaltic batch plants; must be controlled at all times, including weekends, holidays and hours when work is not in progress. Maintain excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling, chemical treatment of an approved type, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area.

Sprinkling, to be efficient, must be repeated to keep the disturbed area damp at all times. Provide sufficient, competent equipment available to accomplish these tasks. Perform particulate control as the work proceeds and whenever a particulate nuisance or hazard occurs. Comply with all State and local visibility regulations.

3.4.2 Odors

Odors from construction activities must be controlled at all times. The odors must be in compliance with State regulations and local ordinances and may not constitute a health hazard.

3.4.3 Sound Intrusions

Keep construction activities under surveillance and control to minimize environment damage by noise. Comply with the provisions of the State of Texas rules.

3.4.4 Burning

Burning will not be allowed on the project site unless specified in other sections of the specifications or authorized in writing by the Contracting Officer. The specific time, location, and method of burning will be subject to approval.

SECTION 01 57 20.00 45 Page 13

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

Disposal of wastes shall be as directed below, unless otherwise specified in other sections or as shown.

3.5.1 Solid Wastes

Place solid wastes, excluding clearing debris, in containers which are emptied on a regular schedule. Handling, storage, and disposal shall be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste shall become co-mingled with solid waste.

Comply with Federal, State, and local laws and regulations pertaining to the use of landfill areas.

3.5.2 Chemicals and Chemical Wastes

Dispense chemicals ensuring no spillage to the ground or water. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the Government. Collect chemical waste in corrosion resistant, compatible containers. Collection drums shall be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes will be classified, managed, stored, and disposed in accordance with Federal, State, and local laws and regulations.

3.5.3 Contractor Generated Hazardous Wastes and Excess Hazardous Materials

Hazardous wastes are defined in 40 CFR 261 , or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178 . At a minimum, manage and store hazardous waste in compliance with 40 CFR 262 . Take sufficient methods to prevent spillage of hazardous and toxic materials during dispensing. Segregate hazardous waste from other materials and wastes, protect it from the weather by placing it in a safe covered location, and take precautionary measures, including berming or other appropriate methods against accidental spillage. Storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178 , State, and local laws and regulations is the Contractor's responsibility. Transport Contractor generated hazardous waste off Government property within 60 days in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. Dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials shall be immediately reported to the Contracting Officer.

Cleanup and cleanup costs due to spills are the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility.

Coordinate the disposition of hazardous waste with the the Contracting Officer.

3.5.4 Fuel and Lubricants AM#1

Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants, and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded shall be stored in marked corrosion-resistant containers and recycled or disposed in accordance with

SECTION 01 57 20.00 45 Page 14

40 CFR 279 , State, and local laws and regulations. St or ed f uel shal l f ol l ow al l EM 385- 1- 1 r equi r ement s. Storage of fuel on the project site is not allowed. Fuel shall be brought to the project site each day that work is performed.

3.5.5 Waste Water

Disposal of waste water shall be as specified below.

a. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. will not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction related waste water off-Government property in accordance with all Federal, State, Regional and Local laws and regulations.

b. For discharge of ground water, the Contractor will surface discharge in accordance with the requirements of the NPDES or State STORM WATER DISCHARGES FROM CONSTRUCTION SITES permit.

c. Water generated from the flushing of lines after disinfection or disinfection in conjunction with hydrostatic testing will be land applied in accordance with all Federal, State, and local laws and regulations for land application .

3.6 RECYCLING AND WASTE MINIMIZATION

The Contractor is encouraged to participate in State and local government sponsored recycling programs. The Contractor is further encouraged to minimize solid waste generation throughout the duration of this project.

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

Existing historical, archaeological, and cultural resources within the Contractor's work area will be designated by the Contracting Officer and the Contractor shall protect these resources and be responsible for their preservation during the life of this Contract. The resources shall be preserved as they existed at the time they were pointed out to the Contractor. If during excavation, construction, or dredging activities previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or found, activities shall cease pursuant to the CONTRACT CLAUSE entitled SUSPENSION OF WORK and the Contracting Officer shall be notified by the fastest available method.

Resources covered by this Paragraph include, but are not limited to: any human skeletal remains or burials; artifacts; shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and indication of agricultural or other human activities or shipwrecks.

After investigation by the Contracting Officer, the Contractor will be instructed on the procedures to follow and if an unreasonable delay is incurred or the work is changed, this Contract will be modified accordingly. Secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing these resources.

SECTION 01 57 20.00 45 Page 15

3.8 BIOLOGICAL RESOURCES

Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The protection of threatened and endangered animal and plant species, including their habitat, is the Contractor's responsibility in accordance with applicable Federal, State, Regional, and local laws and regulations.

3.9 PREVIOUSLY USED EQUIPMENT

Clean previously used construction equipment prior to bringing it onto the project site. Ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. Consult with the USDA jurisdictional office for additional cleaning requirements.

3.10 MAINTENANCE OF POLLUTION FACILITIES

Maintain permanent and temporary pollution control facilities and devices for the duration of this Contract or for that length of time construction activities create the particular pollutant.

3.10.1 Storm Water Pollution Prevention Plan

For construction sites covered by a General Permit for Storm Water Discharges, the Contractor's quality control organization shall inspect pollution control structures and activities a minimum of once every 14 calendar days and within 24 hours after a storm event of greater than 1/2-inch until final stabilization is achieved. An inspection report for each inspection shall be retained on-site by the Contractor. In addition, submit a copy of each report to the Contracting Officer. When the inspection reveals inadequacies, the pollution prevention methods in the Contractor's Pollution Prevention Plan shall be revised and changes implemented within 7 days after the inspection. After final stabilization has been achieved, inspect the site once a month until final inspection and project acceptance by the Government. After project acceptance, halt inspections and independently submit a Notice of Termination (NOT) to the Texas Commission on Environmental Quality (TCEQ) for the general construction.

3.11 TRAINING OF CONTRACTOR PERSONNEL

The Contractor's personnel shall be trained in every phase of environmental protection and pollution control. Conduct environmental protection and pollution control meetings for personnel prior to starting construction activities. Additional meetings shall be conducted 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 and pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, wetlands, and endangered species and their habitat that are known to be in the area.

3.12 POST CONSTRUCTION CLEANUP

Clean up all areas used for construction in accordance with CONTRACT CLAUSE entitled CLEANING UP. Unless otherwise instructed in writing by

SECTION 01 57 20.00 45 Page 16 the Contracting Officer, obliterate every sign of temporary construction facilities, for example: haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. The disturbed area shall be graded, filled, and the entire area seeded unless otherwise indicated.

-- End of Section --

SECTION 01 57 20.00 45 Page 17

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION 01 57 20.00 45 Page 18