W912HY21B0010 Amendment 1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 your 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 APPROPIRATION DATA (If required)

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

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

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

W912HY21B0010

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY21B0010, CEDAR BAYOU NAVIGATION

CHANNEL, TEXAS CEDAR BAYOU CHANNEL IMPROVEMENTS, PIPELINE DREDGING

are hereby amended as follows:

*THE BID DUE DATE IS HEREBY RESCHEDULED FOR APRIL 27, 2021 AT 2:00 P.M. LOCAL

TIME.

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.

(2) SECTION 31 11 00.10 45, CLEARING, GRUBBING, AND REMOVAL OF DEBRIS – The enclosed SECTION 31 11 00.10 45 entitled CLEARING, GRUBBING, AND REMOVAL OF DEBRIS supersedes that issued with this Solicitation.

(3) SECTION 31 14 13.23 45, STRIPPING – The enclosed SECTION 31 14 13.23 45 entitled STRIPPING supersedes that issued with this Solicitation.

(4) SECTION 32 92 00.00 45, TURF – The enclosed SECTION 32 92 00.00 45 entitled TURF supersedes that issued with this Solicitation.

(5) SECTION 35 20 23.12 45 APPENDIX-1, QUANTITY SUMMARY TABLE – The enclosed SECTION 35 20 23.12 45 APPENDIX-1, entitled QUANTITY SUMMARY TABLE supersedes that issued with this Solicitation.

(6) SECTION 35 31 19.32 45, RIP RAP AND BLANKET STONE – The enclosed SECTION 35 31 19.32 45 entitled RIP RAP AND BLANKET STONE supersedes that issued with this

(7) SECTION 35 41 00.01 45, EMBANKMENT CONSTRUCTION – The enclosed SECTION 35 41 00.01 45 entitled EMBANKMENT CONSTRUCTION supersedes that issued with this

b) Drawings.

(1) DRAWINGS NO. BB-101 through BB-108 - The enclosed Drawings No. BB-101 through BB-108, supersedes that issued with this Solicitation.

(2) DRAWINGS NO. C-102, C-121, C-521, C-531 - The enclosed Drawings No. C-102, C-121, C-521, C-531, supersedes that issued with this Solicitation.

c) Attachments - FOR INFORMATION ONLY, THEY DO NOT SUBSTITUTE OR ALTER THE

SPECIFICATIONS OR DRAWINGS THAT ARE PART OF THIS SOLICITATION.

W912HY21B0010

A0001-3

(1) CEDAR BAYOU BORING LOGS - The enclosed Attachments entitled CEDAR BAYOU BORING LOGS to be added to that issued with this Solicitation.

(2) CEDAR BAYOU WATERSHED WETLANDS MAP - The enclosed Attachments entitled

WETLANDS MAP, to be added to that issued with this Solicitation.

d) Survey Data - FOR INFORMATION ONLY, THEY DO NOT SUBSTITUTE OR ALTER THE SPECIFICATIONS OR DRAWINGS THAT ARE PART OF THIS SOLICITATION. - The uploaded txt files entitled SURVEY DATA, are to be added to the files issued with this Solicitation

(1) Cedar Bayou Channel - North-1.txt

(2) Cedar Bayou Channel - North-2.txt

(3) Cedar Bayou Channel - South-1.txt

(4) Cedar Bayou Channel - South-2.txt

(5) Devils Elbow LiDAR 2018 – 1.txt

(6) Devils Elbow LiDAR 2018 – 2.txt

(7) Devils Elbow LiDAR 2018 – 3.txt

(8) Devils Elbow LiDAR 2018 – 4.txt

(9) Ijams Lake 8-2020.txt

(10) PA-1 LiDAR EG.txt

(11) PA-2 LiDAR EG.txt

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

22 Encls:

1. SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION

2. SECTION 31 11 00.10 45, CLEARING, GRUBBING, AND REMOVAL OF DEBRIS

3. SECTION 31 14 13.23 45, STRIPPING

4. SECTION 32 92 00.00 45, TURF

5. SECTION 35 20 23.12 45 APPENDIX-1, QUANTITY SUMMARY TABLE

6. SECTION 35 31 19.32 45, RIP RAP AND BLANKET STONE

7. SECTION 35 41 00.01 45, EMBANKMENT CONSTRUCTION

8. DRAWING NO. BB-101

9. DRAWING NO. BB-102

10. DRAWING NO. BB-103

11. DRAWING NO. BB-104

12. DRAWING NO. BB-105

13. DRAWING NO. BB-106

14. DRAWING NO. BB-107

15. DRAWING NO. BB-108

16. DRAWING NO. C-102

17. DRAWING NO. C-121

18. DRAWING NO. C-521

19. DRAWING NO. C-531

20. CEDAR BAYOU BORING LOGS

21. SURVEY DATA FILES

22. CEDAR BAYOU WATERSHED WETLANDS MAP

SWG FILE: HSC 430-80 SOLICITATION NO: W912HY20B0010

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 AM#1

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 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS AM#1

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.7.3 Appendix

1.8 PROTECTION FEATURES

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.10 NOTIFICATION

PART 2 PRODUCTS (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

3.4.2 Odors

3.4.3 Sound Intrusions AM#1

3.4.4 Burning

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

SECTION 01 57 20.00 45 Page 1

TO ACCOMPANY AMENDMENT NO. 0001 OF SOLICITATION: W912HY21B0010

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

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

3.13 DREDGING

3.13.1 Rules and Regulations

3.13.2 Sanitation

3.13.3 Air Pollutants

3.13.4 Turbidity

3.13.5 Hazardous Materials

3.13.6 Human Life and Property

3.13.7 Flow of Effluent

3.14 DREDGE SPILL CONTINGENCY PLAN FOR CONFINED PLACEMENT AREAS

3.14.1 Placement Area Monitoring

3.14.2 Discharge Material Clean-up

3.14.3 Silt Curtains

3.14.4 Spill

-- 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 AM#1

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.

ACOUSTICAL SOCIETY OF AMERICA (ASA)

ASA S1.4 (1983; Amendment 1985; R 2006) Specification for Sound Level Meters (ASA 47)

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

SECTION 01 57 20.00 45 Page 3 life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat 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.

SECTION 01 57 20.00 45 Page 4

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

WETLANDS DELINEATION MANUAL.

1.3 GENERAL REQUIREMENTS

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

1.4 SUBCONTRACTORS

Ensure compliance with this Section by subcontractors.

1.5 PAYMENT

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

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

1.6 SUBMITTALS AM#1

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 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

SECTION 01 57 20.00 45 Page 5

Contractor's Plan will not relieve the Contractor of its responsibility for adequate and continuing control of Storm Water Pollution measures.

Notice Of Intent

Ambi ent Sound Level s

1.7 ENVIRONMENTAL PROTECTION PLAN

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

1.7.1 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.

1.7.2 Contents

Include in the EPP, but not limit it to, the following:

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

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

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

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

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

SECTION 01 57 20.00 45 Page 6 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 unforeseen spill emergency.

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

SECTION 01 57 20.00 45 Page 7

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 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.

SECTION 01 57 20.00 45 Page 8

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.

p. Dredged Spill Contingency Plan

1.7.3 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.

1.8 PROTECTION FEATURES

This Paragraph supplements the CONTRACT CLAUSE PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer will make a joint condition survey. Immediately following the survey, 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.

1.9 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

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

1.10 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory

SECTION 01 57 20.00 45 Page 9 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 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

SECTION 01 57 20.00 45 Page 10 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 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

SECTION 01 57 20.00 45 Page 11 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 AM#1

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

At each r esi dent i al ar ea measur e al ong at t he wat er edge of t he Cedar Bayou t he ambi ent sound l evel s i n deci bel s ( dB) pr i or t o st ar t of dr edgi ng dur i ng t he day and at ni ght . Pr ovi de t he Cont r act i ng Of f i cer t hese measur ement s by l ocat i on and t i me. Whi l e dr edgi ng equi pment i s oper at i ng within 1, 000 f eet of a r esi dent i al ar ea measur e t he sound l evel at t he wat er edged near est t he r esi dent i al ar ea. The sound l evel i s not t o exceed 5 dB above ambi ent submi t t ed pr evi ousl y. Sound l evel ar e t o be measur e wi t h a sound measur i ng met er appr opr i at e f or t he r equi r ed appl i cat i on meeting ASA S1. 4 or s i mi l ar st andar d.

3.4.4 Burning

Burning is prohibited on the Government premises.

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.

3.5.2 Chemicals and Chemical Wastes

Dispense chemicals ensuring no spillage to the ground or water. Perform

SECTION 01 57 20.00 45 Page 12 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 hazardous waste management plan. 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 and District Environmental Office. Cleanup and cleanup costs due to spills are the Contractor's responsibility.

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

3.5.4 Fuel and Lubricants

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 dispoStorage of fuel on the project site shall be in accordance with applicable Federal, State, and local laws and regulations.

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.

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

SECTION 01 57 20.00 45 Page 13 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.

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

SECTION 01 57 20.00 45 Page 14 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 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.

3.13 DREDGING

Comply with the following requirements to prevent degradation of the human environment.

3.13.1 Rules and Regulations

Comply with applicable Federal, State, and local laws, rules and regulations governing the placement of materials and wastes in navigable waters including approval of the appropriate Texas Commission on Environmental Quality for the discharge of materials and wastes in the navigable waters within its jurisdiction, and including the provisions of

33 USC 1342.

3.13.2 Sanitation

Provide and operate sanitation facilities that will adequately treat or dispose sanitary wastes to conform with applicable Federal, State, and local health regulations.

3.13.3 Air Pollutants

Comply with Federal, State, and local rules and regulations governing the control of air pollutants including those governing the burning of debris or wastes.

SECTION 01 57 20.00 45 Page 15

3.13.4 Turbidity

Perform construction and dredging operations using a method that will reduce turbidity to the lowest practicable level using the normal accepted dredging practices. Placement shall be controlled to confine material within the areas shown and specified.

3.13.5 Hazardous Materials

Take precautions in handling or storage of hazardous materials to prevent discharges or spillages that can result in degradation of the water quality.

3.13.6 Human Life and Property

When depositing material in confined areas, conduct operations using a method that will reduce conditions conducive to breeding of mosquitoes, flies, and other disease-bearing insects and pests and will prevent or control the release of obnoxious odors and gases deleterious to human life and property, including treatment of these gases, as directed.

3.13.7 Flow of Effluent

Exercise precaution to prevent dredged material and dredge effluent from flowing into areas or waterways and ditches not designated for the deposit of dredged material or the flow of effluent runoff as specified in the.

3.14 DREDGE SPILL CONTINGENCY PLAN FOR CONFINED PLACEMENT AREAS

Provide and maintain an effective Dredge Spill Contingency Plan that includes the following as a minimum

3.14.1 Placement Area Monitoring

The Contractor will be required to have 24-hour a day monitoring of the Placement Area during placement operations. The personnel monitoring the dikes will be in radio contact with the dredge. The number and qualifications of personnel to be used for this purpose shall be included in the Plan.

3.14.2 Discharge Material Clean-up

The Contractor will be required to identify and have available the names and phone numbers of companies having portable hydraulic dredges or vacuum pumps ready to clean up dredge material discharged from the Placement Area.

3.14.3 Silt Curtains

The Contractor will be required to identify and have available the names and phone numbers of companies having silt curtains which can contain dredged material discharged from the Placement Area

3.14.4 Spill

The Contractor's Dredge Spill Contingency Plan shall include the following procedures to be followed in the event of a spill:

(1) The dredge shall cease operations in the Placement Area.

SECTION 01 57 20.00 45 Page 16

(2) Immediately notify the Contracting Officer who in turn will notify the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife, and General Land Officer.

(3) Submit a specific clean-up plan for approval. No clean-up actions will commence until the plan has been approved. The clean-up of misplaced material will be at the Contractor's expense.

(4) The Contractor will be required to submit the Dredged Spill Contingency Plan as part of the Environmental Protection Plan for approval.

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SECTION 01 57 20.00 45 Page 17

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SECTION 01 57 20.00 45 Page 18

DIVISION 31 - EARTHWORK

SECTION 31 11 00.10 45

CLEARING, GRUBBING, AND REMOVAL OF DEBRIS AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SUMMARY

1.2 MEASUREMENT AND PAYMENT

1.3 DEFINITIONS

1.3.1 Clearing

1.3.2 Grubbing

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 PROTECTION

3.1.1 Roads and Walks

3.1.2 Utility Lines

3.2 CLEARING

3.2.1 Excavation and Fill Areas

3.3 TREE REMOVAL

3.4 GRUBBING

3.5 REMOVAL OF DEBRIS

3.6 DISPOSAL OF MATERIAL AM#1

-- End of Section Table of Contents --

SECTION 31 11 00.10 45 Page 1

SECTION 31 11 00.10 45 Page 2

SECTION 31 11 00.10 45

CLEARING, GRUBBING, AND REMOVAL OF DEBRIS

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SUMMARY

The work covered in this Section consists of furnishing plant, labor, and equipment necessary to perform the operations in connection with clearing, grubbing, removal of debris from the areas specified herein, and the satisfactory disposal of cleared and removed materials.

1.2 MEASUREMENT AND PAYMENT

Measurement and payment for clearing, grubbing, and removal of debris will be paid for in accordance with provisions of the SECTION 01 22 00.10

MEASUREMENT AND PAYMENT.

1.3 DEFINITIONS

1.3.1 Clearing

Clearing consists of the removal and satisfactory disposal of all trees, downed timber, snags, slash, brush, garbage, trash, debris, fencing, and other items occurring in the designated areas to be cleared.

1.3.2 Grubbing

Grubbing consists of the removal and satisfactory disposal of stumps, roots larger than 3 inches in diameter, and matted roots from the designated grubbing areas. Grubbing also includes filling of holes from the grubbing operation.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 PROTECTION

3.1.1 Roads and Walks

Keep roads and walks free of dirt and debris at all times.

3.1.2 Utility Lines

Notify the Contracting Officer immediately of damage to or an encounter of a utility line. The Contractor will be responsible for repairs of damage to existing utility lines that are indicated or made known to the Contractor prior to start of clearing and grubbing operations.

3.2 CLEARING

Clearing is to be accomplished within the limits of existing ground to

SECTION 31 11 00.10 45 Page 3 receive embankment, structures, ditches, access and maintenance roads, and channel excavation.

3.2.1 Excavation and Fill Areas

Excavation and fill areas shown are to be cleared prior to placement of fill.

3.3 TREE REMOVAL

Where indicated or directed, trees and stumps that are designated to be removed from areas outside of the areas designated for clearing and grubbing. This work is to include the felling of these trees and the removal of their stumps and roots as specified in the Paragraph:

GRUBBING. Trees are to be disposed as specified in the Paragraph:

DISPOSAL OF MATERIALS below.

3.4 GRUBBING

Grubbing is to be accomplished within the limits of existing ground to receive embankment, structures, ditches, and access and maintenance roads.

Grubbing is to be accomplished to a depth of at least 3 feet below the existing ground surface. Holes caused by grubbing operations and removal of pipes and drains, excluding holes in borrow areas, channels and ditches above required grade, are to be filled with satisfactory material as specified and compacted to at least the same density as the…