A02-17-R-0019-Grand_Tower_PL8499_Adv_Specs.pdf

US Army Corps of Engineers St. Louis District

GRAND TOWER DRAINAGE AND

LEVEE DISTRICT

2015 FLOOD RECOVERY-

LEVEE REPAIRS

GRAND TOWER, ILLINOIS

FLOOD PROTECTION PROJECT

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

SOLICITATION NUMBER: W912P9-17-R-0019

FEBRUARY 2017

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 08 00.99 15 SPECIAL CONTRACT REQUIREMENTS (PL84-99)

DIVISION 01 - GENERAL REQUIREMENTS

01 11 30 ENVIRONMENTAL PROTECTION

01 13 12 QUALITY CONTROL SYSTEM (QCS)

01 13 20 PROJECT SCHEDULE

01 14 40 CONTRACTOR QUALITY CONTROL

01 15 00.99 15 TEMPORARY CONSTRUCTION FACILITIES (PL84-99)

01 22 00.99 15 MEASUREMENT AND PAYMENT (PL84-99)

01 33 00 SUBMITTAL PROCEDURES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

DIVISION 31 - EARTHWORK

31 21 10.99 15 STRIPPING (PL84-99)

31 22 23.99 15 SLIDE REPAIRS WITH LIME TREATMENT (PL84-99)

31 22 26.99 15 IMPERVIOUS EARTHWORK FOR SLIDE GT-01-16L (PL84-99)

31 22 40.99 15 GEOTEXTILE (PL84-99)

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 22 30.99 15 CRUSHED STONE MATERIALS (PL84-99)

32 29 35.99 15 ESTABLISHMENT OF TURF (PL84-99)

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS (PL84-99)

PART 1 GENERAL

1.1 PAY REQUESTS

1.2 PHYSICAL DATA (APR 1984) FAR 52.236-4

1.3 RIGHT-OF-WAY

1.4 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

1.5 DAMAGE TO WORK.

1.6 LAYOUT OF WORK

1.7 QUANTITY SURVEYS

1.8 PARTIAL PAYMENT

1.9 CERTIFICATES OF COMPLIANCE

1.10 PURCHASE ORDERS

1.11 SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385-1-1

1.12 ACCIDENT INVESTIGATIONS AND REPORTING

1.13 ACCIDENT PREVENTION PROGRAM

1.14 DAILY INSPECTIONS

1.15 ENVIRONMENTAL LITIGATION

1.16 SEVERE WEATHER LIMITATIONS

1.17 SUBCONTRACTS

1.18 REQUIRED INSURANCE - WORK ON A NON-GOVERNMENT INSTALLATION.

1.19 PROTECTION OF MATERIAL AND WORK

1.20 CONTAMINATION OF WATER

1.21 COMMERCIAL WARRANTY (as required)

1.22 ORDER AND COORDINATION OF WORK

1.23 SUBMITTALS

1.24 AS-BUILT DRAWINGS

1.25 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY.

1.26 PARTNERING

1.27 CONTRACTOR PERFORMANCE EVALUATIONS

1.28 SECURITY REQUIREMENTS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 08 00.99 15 Page 1

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS (PL84-99)

PART 1 GENERAL

1.1 PAY REQUESTS

Pay requests authorized in the Contract Clause entitled "Payments Under Fixed-Price Construction Contracts", will be paid pursuant to the clause entitled "Prompt Payment for Construction Contracts". Pay requests shall be submitted on ENG Form 93 and 93a, "Payment Estimate-Contract Performance" and "Continuation", respectively. All information and substantiation required by the identified contract clauses shall be submitted with the ENG Form 93, and the required certification shall be included on the last page of the ENG Form 93a, signed by an authorized official of the Contractor and dated when signed. The designated billing office is the Office of the Area Engineer.

1.2 PHYSICAL DATA (APR 1984) FAR 52.236-4

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

a. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

b. Weather Conditions. Information with respect to temperatures and precipitation may be obtained from the National Weather Service.

c. Transportation Facilities. Railroads and highways serve the general area of the work. Water transportation is available to the site of the work.

1.3 RIGHT-OF-WAY

Right-of-way for construction purposes will be furnished by the Government without cost to the Contractor. Where right-of-way for access to a work site is not available over existing public roads, access through private lands as shown on the contract drawings will be furnished by the Government without cost to the Contractor. The Contractor will be required at its own expense to do all work necessary to make such right-of-way suitable for traveling to and from the work site without interrupting the existing drainage. Upon completion of the contract work, any such access roadway and right-of-way furnished by the Government shall be left in a condition satisfactory to the Contracting Officer.

1.4 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

a. Unless otherwise specified, shown on the drawings, or stated in writing by the Contracting Officer, the Contractor shall not move or disturb any public utilities or private improvements. Such removals, alterations, and/or relocations, where necessary, will be made by others. The locations shown on the drawings for underground utilities are approximate only. The exact locations of such utilities shall be

DOCUMENT 00 08 00.99 15 Page 2 determined by the Contractor in the field prior to commencing construction operations in their vicinity.

b. The attention of the Contractor is directed to the possibility that public utilities or private improvements may be encountered within the construction limits, some of which may be buried, and the existence of which is presently not known. Should any such utilities or improvements be encountered, the Contractor shall immediately notify the Contracting Officer so that a determination may be made as to whether they shall be removed, relocated, or altered. After such determination is made, the Contractor shall, if so directed by the Contracting Officer, remove, relocate, or alter them as required and an equitable adjustment will be made. In the event the Contracting Officer arranges for such removals, alterations, or relocations to be performed by others, the Contractor shall cooperate with such others during the latters' removal, alteration, or relocation operations.

1.5 DAMAGE TO WORK.

The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause entitled "Permits and Responsibilities."

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

1.6 LAYOUT OF WORK

a. The Government has provided on the drawings the approximate northing and easting coordinates at the beginning and ending of the excavation required for each slide repair.

b. The Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

c. The Contractor shall furnish at its own expense such items as stakes, templates, platforms, equipment, tools and material, and all labor as may be required in laying out any part of the work from the limit marks established by the Government. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Contracting Officer until authorized

DOCUMENT 00 08 00.99 15 Page 3 to remove them, and if such marks are destroyed by the Contractor or through its negligence prior to their authorized removal, they may be replaced by and at the discretion of, the Contracting Officer, and the expense of replacement will be deducted from any amounts due or to become due the Contractor. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

1.7 QUANTITY SURVEYS

The Contractor shall have a Professional Land Surveyor registered in the state the work is being accomplished conduct original and final earthwork surveys.

1.8 PARTIAL PAYMENT

At the discretion of the Contracting Officer, partial payment will be made for equipment delivered and stored on site or off site providing such storage is in accordance with the provisions of these specifications and the Contractor furnishes satisfactory evidence that title to such equipment has been acquired and that it will be utilized on the work covered by these specifications. Partial payment is defined as the invoice amount plus shipping costs. If the equipment is stored off site, the Government shall have the right to inspect the equipment.

1.9 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 3 copies.

Each certificate shall include the signature and title of an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from responsibility for furnishing satisfactory material if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.10 PURCHASE ORDERS

Two copies of all purchase orders for other than stock materials showing the firm names and addresses and list of material shall be furnished to the Contracting Officer or an authorized representative as soon as issued.

1.11 SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385-1-1

The Safety and Health Requirements Manual EM 385-1-1 forms a part of these specifications. EM 385-1-1 and its changes are available at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

1.12 ACCIDENT INVESTIGATIONS AND REPORTING

Refer to EM 385-1-1, Paragraph 01.D. Accidents, involving contractor

DOCUMENT 00 08 00.99 15 Page 4 and/or subcontractor employees performing any work or related work on a USACE project, shall be investigated and reported immediately to the Contracting Officer or authorized Contracting Officer's representative.

This reporting requirement applies to on-site or off-site accidents. Upon receipt of the initial accident report notification, the Contracting Officer shall issue additional guidance concerning continuing project operations which may include a "cease work" directive. If a cease work directive is issued, the Contractor will not be allowed to resume work related to the accident until all conditions of the "cease work" directive are met. After the initial notification, the Contractor shall ensure a formal investigation is conducted and reports are completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or an authorized representative within one working day after the accident occurs. The accident Investigation report shall be made on ENG Form 3394.

1.13 ACCIDENT PREVENTION PROGRAM

Refer to Contract Clause FAR 52.236-13 entitled, "Accident Prevention".

Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the prework conference, the original and one copy of the Accident Prevention Program shall be submitted to the Contracting Officer for review. A checklist has been included at the end of this section to aid the Contractor in preparing the Accident Prevention Plan.

The program shall be prepared in the following format:

a. An executed MVS Form 385-43, Administrative Plan.

b. An executed MVS Form 385-43/2, Hazard Analysis.

c. A copy of company policy statement of accident prevention and any other guidance statements normally provided new employees. Each company employee shall be required to sign the company policy statement of accident prevention to verify that all employees have been informed of the safety program, and such signed statements shall be maintained at the project site.

The Contractor shall not commence physical work at the site until the program has been reviewed and found acceptable by the Contracting Officer, or an authorized representative. The Contractor shall submit for approval the Activity Hazard Analysis for each phase of construction prior to the beginning of work in each phase. Also refer to Section 1 of EM 385-1-1.

1.14 DAILY INSPECTIONS

The Contractor shall perform daily safety inspections and record them in RMS. Reports of daily inspections shall be maintained at the job site.

The reports shall be records of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

a. Phase(s) of construction underway during the inspection.

b. Locations of areas inspections were made.

c. Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

DOCUMENT 00 08 00.99 15 Page 5

1.15 ENVIRONMENTAL LITIGATION

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

b. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.16 SEVERE WEATHER LIMITATIONS

When construction operations are prevented due to severe weather conditions, the Contracting Officer will determine the extent of the delay to the work as a whole, and the time fixed for completion of the contract will be extended for the period of such delay.

1.17 SUBCONTRACTS

In accordance with the Contract Clause entitled "Subcontracts", the Contractor shall, within seven days after the award of any subcontract by the Contractor or a Subcontractor, deliver to the Contracting Officer two copies of a completed Standard Form 1413. Both copies must contain the original signatures of both parties.

1.18 REQUIRED INSURANCE - WORK ON A NON-GOVERNMENT INSTALLATION.

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in the following schedule:

(1) Workmen's Compensation. Amounts required by applicable jurisdictional statutes.

(2) Employer's Liability Insurance. $100,000

(3) Comprehensive General Liability Insurance.

Bodily Injury - $500,000 per occurrence

(4) Comprehensive Automobile Insurance.

Bodily Injury - $200,000 each person $500,000 each accident Property Damage - $ 20,000 each accident

b. Within 15 days after receipt of Notice of Award and before

DOCUMENT 00 08 00.99 15 Page 6 commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph c, in subcontracts under this contract and shall require subcontractors to provide and maintain the insurance required in paragraph a above. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

d. Statements of required insurance should be submitted to the following address:

Department of the Army St. Louis District, Corps of Engineers Southern Area Office, CEMVS-EC-CS 113 West Main Street, Suite 3 Jackson, Missouri 63755

1.19 PROTECTION OF MATERIAL AND WORK

The Contractor shall at all times protect and preserve all materials, supplies, and equipment of every description (including property which may be Government-furnished or owned) and all work performed. All reasonable requests of the Contracting Officer to enclose or specially protect such property shall be complied with. If, as determined by the Contracting Officer, material, equipment, supplies, and work performed are not adequately protected by the Contractor, such property may be protected by the Government and the cost thereof may be charged to the Contractor or deducted from any payments due to the Contractor.

1.20 CONTAMINATION OF WATER

In addition to the requirements set forth in SECTION 01 11 30, paragraph Protection of Water Resources, the Contractor shall take positive protective measures to prevent spillage of potential pollutant materials such as fuel, emulsion materials, chemicals etc., from storage containers or equipment, into lakes or tributary waters. Such positive protective measures may include, but are not limited to, the following:

(1) A berm enclosure of sufficient capacity to contain such materials.

(2) Security measures to prevent acts of vandalism which could result in spillage of such materials (fences, guards, etc.).

(3) Storage of such materials in an area where the terrain would preclude leakage into lake or tributary waters.

(4) Utilization of secure Government storage areas if the Contracting Officer indicates such space is available. No storage past immediate needs (2 days) without the consent of the Contracting Officer.

DOCUMENT 00 08 00.99 15 Page 7

The Contractor shall submit its proposals for implementing the above provisions in accordance with SECTION 01 11 30, paragraph Environmental Protection Plan.

1.21 COMMERCIAL WARRANTY (as required)

The Contractor agrees that the standard commercial equipment furnished under this contract shall be covered by the most favorable commercial warranties the manufacturer gives to any customer for such equipment, and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. The Contractor shall furnish two copies of the warranties to the Contracting Officer.

1.22 ORDER AND COORDINATION OF WORK

The Contractor may start and complete the work in such order and sequence as desired subject to compliance with the following paragraphs:

a. The Contractor shall be aware of updates to the Safety and Health Requirements Manual EM 385-1-1 and comply to any and all updates and new requirements within.

b. These specifications have been written to encompass various repair methods. Some repairs mentioned in these specifications may not be included in this contract or task order and should be disregarded by the Contractor. The Contractor shall base bids on the bidding schedule and the specifications pertaining to the bid items listed.

c. The Contractor shall find site specific order and coordination of work requirements on the plans, sheet G-002.

1.23 SUBMITTALS

Additional submittals for this contract that are not listed within individual technical provisions are listed below. 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. The following shall be submitted in accordance with Section 01 33 00 - SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Accident Prevention Program; G Statements of Required Insurance; G

1.24 AS-BUILT DRAWINGS

a. "As-Built" Contract Drawings. The Contractor shall maintain a separate set of full-size contract drawings, marked up in red, to indicate as-built conditions. Each as-built contract drawing shall include the Contract Number (W912P9-XX-C-XXXX) associated with the contract. These drawings shall be maintained in a current condition at all times until completion of the work and shall be available for review by Government personnel at all times. All variations from the contract drawings, for whatever reason, including those occasioned by modifications, optional materials, and the required coordination between trades, shall be indicated. These variations shall be shown in

DOCUMENT 00 08 00.99 15 Page 8 the same general detail utilized in the contract drawings. One set of marked-up hard copy drawings and one electronic copy of the marked-up drawings in pdf format shall be furnished to the Contracting Officer prior to acceptance of the work. The Government will withhold two percent of the total bid price of the items for which as-built contract drawings have not been submitted.

b. "As-Built" Shop Drawings. Upon completion of items of work, the Contractor shall revise the shop drawings to show "as-built" conditions. The notation "Revised to show 'as-built' conditions" shall be placed in red in the lower right corner of each drawing along with the initials of a responsible company representative. Each as-built shop drawing or catalog cut shall be identified by the Contract Number (W912P9-XX-C-XXXX) associated with the contract, and corresponding transmittal number from ENG Form 4025. "As-built" shop drawings of each Contractor-prepared construction drawing should be prepared as soon as possible after the construction detailed on a given drawing has been completed. After the "as-built" shop drawings have been prepared as described above and within 15 days after the contract completion date, the Contractor shall submit one hard copy and one electronic copy in pdf format of as-built shop drawings, including catalog cuts, to the Contracting Officer. The Government will withhold two percent of the total bid price of the item for which as-built shop drawings have not been submitted.

1.25 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY.

a. The Government will furnish to the Contractor the property identified in the Schedule, to be incorporated or installed in the work or used in performing the contract. The listed property will be furnished at the place specified in paragraph PHYSICAL DATA, sub-paragraph [h]. The Contractor is required to accept delivery, pay any demurrage or detention charges, and unload and transport the property to the job site at its own expense. When the property is delivered, the Contractor shall verify its quantity and condition and acknowledge receipt in writing to the Contracting Officer. The Contractor shall also report in writing to the Contracting Officer within 24 hours of delivery any damage to or shortage of the property as received. All such property shall be installed or incorporated into the work at the expense of the Contractor, unless otherwise indicated in this contract.

b. Each item of property to be furnished under this clause shall be identified in the Schedule by quantity, item and description.

QUANTITY DESCRIPTION

70 Survey Monuments

The value of the aforesaid property is estimated to be approximately $910.

1.26 PARTNERING

In order to most effectively accomplish this contract, the Government is willing to form a cohesive partnership with the Contractor. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget, and on schedule. This partnership would be bilateral in make-up and partnership will be totally voluntary. Any cost associated with

DOCUMENT 00 08 00.99 15 Page 9 effectuating this partnership will be agreed to by all parties and will be shared equally with no change in contract price.

1.27 CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

1.28 SECURITY REQUIREMENTS

The Contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the Contracting Officer's Representative no later than 3 business days after the initial contract award.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

DOCUMENT 00 08 00.99 15 Page 10

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 30

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.3 SUBMITTALS

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

1.4.1 Protection of Features

1.4.2 Permits

1.4.2.1 Special Environmental Requirements

1.4.3 Environmental Assessment of Contract Deviations

1.5 ENVIRONMENTAL PROTECTION PLAN

1.5.1 List of State and Local Laws and Regulations

1.5.2 Spill Control Plan

1.5.3 Recycling and Waste Minimization Plan

1.5.4 Contaminant Prevention Plan

1.5.5 Storm Water Pollution Prevention Plan (SWPPP)

1.5.6 Environmental Monitoring

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 SPECIAL ENVIRONMENTAL PROTECTION REQUIREMENTS

3.1.1 Tree Protection

3.1.2 U.S. Department of Agriculture (USDA) Quarantined Considerations

3.1.3 Commercial Borrow

3.1.4 Disposal of Solid Wastes

3.1.5 Debris

3.1.6 Disposal of Contractor Generated Hazardous Wastes

3.1.7 Fuels and Lubricants

3.1.8 Nuclear Density Meters

3.2 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.2.1 Discovered Historic, Archaeological, and Cultural Resources

3.3 PROTECTION OF WATER RESOURCES

3.3.1 Wastewater

3.4 PROTECTION OF FISH AND WILDLIFE RESOURCES

3.5 PROTECTION OF AIR RESOURCES

3.5.1 Particulates

3.5.2 Other Air Pollutants

3.5.2.1 Hydrocarbons and Carbon Monoxide

3.5.2.2 Odors

3.6 INSPECTION

3.7 MAINTENANCE OF POLLUTION CONTROL FACILITIES

3.8 TRAINING OF CONTRACTOR PERSONNEL

3.9 EROSION CONTROL

3.9.1 Unprotected Erodible Soils

3.9.2 Disturbed Areas

SECTION 01 11 30 Page 1

SECTION 01 11 30

ENVIRONMENTAL PROTECTION

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

ER 385-1-80 (2010) Ionizing Radiation Protection

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

40 CFR 261 Identification and Listing of Hazardous Waste

1.2 DEFINITIONS

Environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances of plant or animal communities; or degrade the environment from an aesthetic, cultural or historic perspective. Environmental protection is the prevention/control of pollution and habitat disruption that may occur during construction.

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

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 - SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

Submit plan detailing Contractor's procedures for complying with all applicable environmental protection regulations and the special requirements of this contract.

Commercial Borrow; G

The Contractor shall submit requirements as stated in paragraph Commercial

SECTION 01 11 30 Page 3

Borrow.

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

The Contractor shall comply with all applicable Federal, State, and local laws and regulations. The Contractor shall provide environmental protective measures and procedures to prevent and control pollution, limit habitat disruption, and correct environmental damage that occurs during construction.

1.4.1 Protection of Features

This section supplements the Contract Clause PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. The Contractor shall prepare a list of features requiring protection under the provisions of the contract clause, which are not specially identified on the drawings as environmental features requiring protection. The Contractor shall protect those environmental features shown specially on the drawings, even if such preservation interferes with the Contractor's work under this contract.

1.4.2 Permits

This section supplements the Contractor's responsibility under the contract clause PERMITS AND RESPONSIBILITIES to the extent that the Government has already obtained environmental permits. The Contractor shall comply with the terms, and conditions of these permits which will be provided to the Contractor after award of the contract.

1.4.2.1 Special Environmental Requirements

The Contractor shall comply with any special environmental requirements, a copy of which, if applicable, is included at the end of this section.

These special environmental requirements are an outgrowth of environmental commitments made by the Government during the project development.

1.4.3 Environmental Assessment of Contract Deviations

The Contract specifications have been prepared to comply with the special conditions and mitigation measures of an environmental nature which were established during the planning and development of this project. The Contractor is advised that deviations from the drawings or specifications (e.g., disposal areas, staging areas, alternate access routes, etc.) could result in the requirement for the Government to reanalyze the project from an environmental and cultural resources standpoint. The Contractor must obtain, at his expense, all necessary permits to use alternate sites including, but not limited to, Section 401 and Section 404 of the Clean Water Act, and coordination with the State Historic Preservation Officer regarding Section 106 of the National Historic Preservation Act.

Deviations from the construction methods and procedures indicated by the plans and specifications which may have an environmental impact will require a extended review, processing, and approval time by the Government. 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.

SECTION 01 11 30 Page 4

1.5 ENVIRONMENTAL PROTECTION PLAN

Within 15 calendar days of Notice of Award, the Contractor shall submit an Environmental Protection Plan for review and acceptance by the Contracting Officer. The Government will consider an interim plan for the first 30 days of operations. However, the Contractor shall furnish an acceptable final plan not later than 30 calendar days after receipt of the Notice to Proceed. The Contractor shall meet with representatives of the Contracting Officer to develop a mutual understanding relative to compliance with this section and administration of the environmental pollution control program.

Acceptance is conditional and is predicated upon satisfactory performance during construction. The Government reserves the right to require the Contractor to make changes in the Environmental Protection Plan or operations if the Contracting Officer determines that environmental protection requirements are not being met. The plan shall detail the actions that the Contractor shall take to comply with all applicable Federal, State, and local laws and regulations concerning environmental protection and pollution control and abatement, as well as the additional specific requirements of this contract. No physical work at the site shall begin prior to acceptance of the Contractor's plan or an interim plan covering the work to be performed. The environmental protection plan shall include, but not be limited to, the following:

1.5.1 List of State and Local Laws and Regulations

The Contractor shall provide as part of the Environmental Protection Plan a list of all State and local environmental laws and regulations, which apply to the construction operations under the Contract.

1.5.2 Spill Control Plan

The Contractor shall include as part of the environmental protection plan, a Spill Control Plan. The plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by the Emergency Response and Community Right to Know Act or regulated under State or local laws or regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. This plan shall include as a minimum:

a. The name of the individual who will be responsible for implementing and supervising the containment and cleanup.

b. Training requirements for Contractor's personnel and methods of accomplishing the training.

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

d. 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.

e. The methods and procedures to be used for expeditious contaminant cleanup.

f. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation.

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This individual shall immediately notify the Contracting Officer in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-801-424-8802) if a reportable quantity spill occurs. The plan shall contain a list of the required reporting channels and telephone numbers.

1.5.3 Recycling and Waste Minimization Plan

The Contractor shall submit a Recycling and Waste Minimization Plan as a part of the Environmental Protection Plan. The plan shall detail the Contractor's actions to comply with the following recycling and waste minimization requirements:

a. The Contractor shall participate in State and local Government sponsored recycling programs to reduce the volume of solid waste materials at the source;

b. Recovery of metal from debris and sale to recycling operation with Contractor retaining any money derived from sale;

c. Collection of aluminum cans at the site for recycling.

1.5.4 Contaminant Prevention Plan

As a part of the Environmental Protection Plan, the Contractor shall prepare a contaminant prevention statement identifying potentially hazardous substances to be used on the job site and intended actions to prevent accidental or intentional introduction of such materials into the air, water, or ground. The Contractor shall detail provisions to be taken to meet Federal, State, and local laws and regulations regarding the storage and handling of these materials.

1.5.5 Storm Water Pollution Prevention Plan (SWPPP)

As a part of the Environmental Protection Plan, the Contractor shall prepare a Storm Water Pollution Protection Plan to ensure the design, implementation, management, and maintenance of Best Management Practices (BMP) in order to reduce the amount of sediment and other pollutants in storm water discharges associated with the land disturbance activities;

comply with the Water Quality Standards of the state in which the construction activities take place. The SWPPP also ensures compliance with the terms and conditions of the Land Disturbance Permit.

1.5.6 Environmental Monitoring

The Contractor shall include in the plan the details of environmental monitoring requirements under the laws and regulations and a description of how this monitoring will be accomplished.

PART 2 PRODUCTS

Not used.

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PART 3 EXECUTION

3.1 SPECIAL ENVIRONMENTAL PROTECTION REQUIREMENTS

3.1.1 Tree Protection

No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized by the Contracting Officer. Where such special use is permitted, the Contractor shall provide effective protection to prevent damage to the trees and other land and vegetative resources. Unless specifically authorized by the Contracting Officer, no construction equipment or materials shall be placed or used within the dripline of trees shown on the drawings to be saved. No excavation or fill shall be permitted within the dripline of trees to be saved except as shown on the drawings.

3.1.2 U.S. Department of Agriculture (USDA) Quarantined Considerations

The Contractor shall thoroughly clean all construction equipment at the prior job site in a manner that ensures all residual soil is removed and that egg deposits from plant pests are not present. The Contractor shall consult with the USDA Plant Protection and Quarantine (USDA PPQ) jurisdictional office for additional cleaning requirements that may be necessary.

3.1.3 Commercial Borrow

Prior to bringing commercially obtained borrow material onsite, the Contractor shall submit to the Contracting Officer for approval, the following information:

a. Written evidence of property rights - Signed Agreement.

b. Soil tests from a Corps validated laboratory.

c. State Department of Natural Resources land disturbance permits and any other required state or local approvals.

d. Clean Water Act 401 and 404 permits, if applicable.

e. USDA Farmland Protection and Farmland Conversion Impact.

f. Cultural Resource Assessment done by professional, qualified archeologist; Section 106 Review and comments by state DNR.

g. Endangered species report by independent Professional Biologist submitted to and commented on by both US Fish and Wildlife Service and

USACE.

h. Types and estimated quantities of materials to be obtained from each source.

3.1.4 Disposal of Solid Wastes

Solid waste is rubbish, debris, waste materials, garbage, and other discarded solid materials (excluding clearing debris and hazardous waste as defined in following paragraphs). Solid waste shall be placed in containers and disposed of on a regular schedule. All handling and disposal shall be conducted in such a way as to prevent spillage and

SECTION 01 11 30 Page 7 contamination. The Contractor shall transport all solid waste off site and dispose of it in compliance with Federal, State, and local requirements.

The Contractor shall comply with Federal, State, and local laws and regulations pertaining to the use of the landfill area.

3.1.5 Debris

Debris is defined as trees, tree stumps, tree trimmings, shrubs, leaves, vegetative matter, excavated natural materials (e.g., dirt, sand, and rock), and demolition products (e.g., brick, concrete, glass, and metals).

a. The Contractor shall collect trees, tree stumps, tree trimmings, shrubs, leaves, and other vegetative matter and transport off site for proper disposal in compliance with Federal, State, and local requirements unless otherwise specified herein. The Contractor shall segregate the matter where appropriate for proper disposal. Untreated and unpainted scrap lumber may be disposed of with this debris where appropriate.

b. Excavated natural materials shall be transported from the project site for proper disposal in compliance with Federal, State, and local requirements unless otherwise specified herein.

c. Demolition products shall be transported from the project site for proper disposal in compliance with Federal, State, and local requirements unless otherwise specified herein.

3.1.6 Disposal of Contractor Generated Hazardous Wastes

Hazardous wastes are hazardous substances as defined in 40 CFR 261, or as defined by applicable State and local regulations. Hazardous waste generated by construction activities shall be properly labeled, removed from the work area with required manifests, and be disposed of in compliance with Federal, State, and local requirements. Manifests shall be documented with fully executed and signed manifest returned to the Contracting Officer. The Contractor shall segregate hazardous waste from other materials and wastes, and shall protect it from the weather by placing it in a safe covered location; precautionary measures against accidental spillage such as berming or other appropriate measures shall be taken. Hazardous waste shall be removed from the project site within 60 days. Hazardous waste shall not be dumped onto the ground, into storm sewers or open water courses, or into the sanitary sewer system.

3.1.7 Fuels and Lubricants

Fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spills and evaporation. Lubricants and waste oil to be discarded shall be stored in marked corrosion resistant containers and recycled or disposed of in accordance with Federal, State, and local laws and regulations.

3.1.8 Nuclear Density Meters

The Contractor shall adhere to the requirements of ER 385-1-80 when in possession of nuclear density meters.

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3.2 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.2.1 Discovered Historic, Archaeological, and Cultural Resources

If during construction activities, items are observed that may have historic or archaeological value (e.g., Native American human remains or associated objects are discovered), such observations shall be reported immediately to the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in impact to or the destruction of these resources. The Contractor shall prevent its employees from trespassing on, removing, or otherwise disturbing such resources.

3.3 PROTECTION OF WATER RESOURCES

The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters.

3.3.1 Wastewater

Wastewater directly derived from concrete construction activities shall not be discharged before being treated to remove pollutants.

3.4 PROTECTION OF FISH AND WILDLIFE RESOURCES

The Contractor shall keep construction activities under surveillance, management and control to minimize interference with, disturbance to, and damage of, fish and wildlife.

3.5 PROTECTION OF AIR RESOURCES

Special management techniques as set out below shall be implemented to control air pollution by the construction activities. These techniques supplement the requirements of Federal, State, and local laws and regulations; and the safety requirements under this Contract. If any of the following techniques conflict with the requirements of Federal, State, or local laws or regulations, or safety requirements under this contract, then those requirements shall be followed in lieu of the following.

3.5.1 Particulates

Airborne particulates, including dust particles, from construction activities and processing and preparation of materials shall be controlled at all times, including weekends, holidays, and hours when work is not in progress. The Contractor shall maintain all excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, disposal sites, and all other work areas free from airborne dust which would cause a hazard or nuisance.

3.5.2 Other Air Pollutants

3.5.2.1 Hydrocarbons and Carbon Monoxide

Hydrocarbons and carbon monoxide emissions from equipment shall be controlled to Federal and State allowable limits at all times.

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3.5.2.2 Odors

Odors shall be controlled at all times for all construction activities, processing and preparation of materials.

3.6 INSPECTION

If the Contracting Officer notifies the Contractor in writing of any observed noncompliance with contract requirements or Federal, State, or local laws, regulations, or permits, the Contractor shall inform the Contracting Officer of proposed corrective action and take such action to correct the noncompliance. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action is taken. No time extensions will be granted or costs or damages allowed to the Contractor for any such suspension.

3.7 MAINTENANCE OF POLLUTION CONTROL FACILITIES

The Contractor shall maintain all constructed pollution control facilities and portable pollution control devices for the duration of the Contract or for the length of time construction activities create the particular pollutant.

3.8 TRAINING OF CONTRACTOR PERSONNEL

Contractor personnel shall be trained in environmental protection and pollution control. The Contractor shall conduct environmental protection/pollution control meetings for all Contractor personnel monthly. The training and meeting agenda shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, installation and care of facilities (vegetative covers, etc.), and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control. Anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants, shall also be discussed. Other items to be discussed shall include recognition and protection of archaeological sites and artifacts.

3.9 EROSION CONTROL

3.9.1 Unprotected Erodible Soils

Earthwork brought to final grade shall be finished as indicated. Side slopes and back slopes shall be protected as soon as practicable upon completion of rough grading. All earthwork shall be planned and conducted to minimize the duration of exposure of unprotected soils. Except in cases where the constructed feature obscures borrow areas, quarries, and waste material areas, these areas shall not initially be totally cleared.

Clearing of such areas shall progress in reasonably sized increments as needed to use the developed areas as approved by the Contracting Officer.

3.9.