W912QR21B0012_Specs-0003.pdf

CIVIL/OPS/ENVIRONMENTAL BR

ATTN: KARI SMITH

600 DR M L KING JR PL RM 821

LOUISVILLE KY 40202-2230

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Solicitation W912QR21B0012 to install 7 stone river dikes along the Ohio River is hereby modified as follows:

a. The following sections have been updated in the Specifications:

1. Revised specification section 31 00 00.00 06 Earthwork paragraph 3.8.3.

2. Revised specification section 01 50 00 – Par. 1.5.

3. Revised specification section 01 57 19.00 06 – Par. 4.2.4.1

4. Revised Plan sheet CS104 – added note 11.

b. The due date of bids is not extended due to this amendment.

c. All amendments must be acknowledged.

d. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912QR21B0012

X 9B. DATED (SEE ITEM 11)

17-Aug-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Sep-2021

CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE 964960

FACILITY CODECODE

EMAIL:TEL:

X 1

W912QR21B0012-0003

Ohio River Dikes at Wabash Confluence 128980DIKE485870

SECTION 01 50 00

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

11/20

Amendment 0003

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

1.2 SUBMITTALS

Government approval is required for submittals with a "G" classification.

Submittals not having a "G" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Construction Site Plan; G, RE

River Traffic Control Plan; G, RE

Haul Road Plan

Contractor Computer Cybersecurity Compliance Statements; G, RE

Contractor Temporary Network Cybersecurity Compliance Statements; G, RE

1.3 CONSTRUCTION SITE PLAN

Prior to the start of work, submit for Government approval a site plan showing the locations and dimensions of temporary facilities (including layouts and details, equipment and material storage area (onsite and offsite), and access and haul routes, avenues of ingress/egress to any fenced areas and details of any construction fence installation. Identify any areas which may have to be graveled to prevent the tracking of mud.

Indicate if the use of a supplemental or other staging area is desired.

Show locations of safety and construction fences, bank access points, temporary sanitary facilities, and worker parking areas.

1.4 DOD CONDITION OF READINESS (COR)

DOD will set the Condition of Readiness (COR) based on the weather forecast for sustained winds 50 knots (58 mph) or greater. Contact the Contracting

SECTION 01 50 00 Page 1 Amendment 0003

Officer for the current COR setting.

Monitor weather conditions a minimum of twice a day and take appropriate actions according to the approved Emergency Plan in the accepted Accident Prevention Plan, EM 385-1-1 Section 01 Emergency Planning and the instructions below.

Unless otherwise directed by the Contracting Officer, comply with:

a. Condition FOUR (Sustained winds of 58 mph or greater expected within 72 hours): Normal daily jobsite cleanup and good housekeeping practices.

Collect and store in piles or containers waste material, and rubbish for removal and disposal at the close of each work day. Maintain the construction site including storage areas, free of accumulation of debris. Remove all debris, trash, or objects that could become missile hazards. Review requirements pertaining to "Condition THREE" and continue action as necessary to attain "Condition FOUR" readiness.

Contact Contracting Officer for weather and COR updates and completion of required actions.

b. Condition THREE (Sustained winds of 58 mph or greater expected within 48 hours): Maintain "Condition FOUR" requirements and commence securing operations necessary for "Condition ONE" which cannot be completed within 18 hours. Cease all routine activities which might interfere with securing operations. Commence securing and stow all gear and portable equipment. Make preparations for securing barges.

Secure machinery, tools, equipment, materials, or remove from the jobsite. Expend every effort to clear all missile hazards and loose equipment from general base areas. Contact Contracting Officer for weather and COR updates and completion of required actions. Review requirements pertaining to "Condition TWO" and continue action as necessary to attain "Condition THREE" readiness.

c. Condition TWO (Sustained winds of 58 mph or greater expected within 24 hours): Secure the jobsite.

d. Condition ONE. (Sustained winds of 58 mph or greater expected within 12 hours): Contractor access to the jobsite is prohibited.

*** Amendment 0003 *********************************************************

1.5 CYBERSECURITY DURING CONSTRUCTION

Meet the following requirements throughout the construction process. The following does not apply to contractor cell phones or Hotspots used to conduct their internal business, ie. email and timekeeping.

1.5.1 Contractor Computer Equipment

Contractor owned computers may be used for construction. When used, contractor computers must meet the following requirements:

1.5.1.1 Operating System

The operating system must be an operating system currently supported by the manufacturer of the operating system. The operating system must be current on security patches and operating system manufacturer required updates.

SECTION 01 50 00 Page 2

1.5.1.2 Anti-Malware Software

The computer must run anti-malware software from a reputable software manufacturer. Anti-malware software must be a version currently supported by the software manufacturer, must be current on all patches and updates, and must use the latest definitions file. All computers used on this project must be scanned using the installed software at least once per day.

1.5.1.3 Passwords and Passphrases

The passwords and passphrases for all computers must be changed from their default values. Passwords must be a minimum of eight characters with a minimum of one uppercase letter, one lowercase letter, one number and one special character.

1.5.1.4 Contractor Computer Cybersecurity Compliance Statements

Provide a single submittal containing completed Contractor Computer Cybersecurity Compliance Statements for each company using contractor owned computers. Contractor Computer Cybersecurity Compliance Statements must use the template published at http://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs/forms-graphics-tables. Each Statement must be signed by a cybersecurity representative for the relevant company.

1.5.2 Temporary IP Networks

Temporary contractor-installed IP networks may be used during construction. When used, temporary contractor-installed IP networks must meet the following requirements:

1.5.2.1 Network Boundaries and Connections

The network must not extend outside the project site and must not connect to any IP network other than IP networks provided under this project or Government furnished IP networks provided for this purpose. Any and all network access from outside the project site is prohibited. No Government IP network will be available for this project.

1.5.3 Government Access to Network

Government personnel must be allowed to have complete and immediate access to the network at any time in order to verify compliance with this specification.

1.5.4 Temporary Wireless IP Networks

In addition to the other requirements on temporary IP networks, temporary wireless IP (WiFi) networks must not interfere with existing wireless network and must use WPA2 security. Network names (SSID) for wireless networks must be changed from their default values.

1.5.5 Passwords and Passphrases

The passwords and passphrases for all network devices and network access must be changed from their default values. Passwords must be a minimum 8 characters with a minimum of one uppercase letter, one lowercase letter, one number and one special character.

SECTION 01 50 00 Page 3

1.5.6 Contractor Temporary Network Cybersecurity Compliance Statements

Provide a single submittal containing completed Contractor Temporary Network Cybersecurity Compliance Statements for each company implementing a temporary IP network. Contractor Temporary Network Cybersecurity Compliance Statements must use the template published at http://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs/ forms-graphics-tables. Each Statement must be signed by a cybersecurity representative for the relevant company. If no temporary IP networks will be used, provide a single copy of the Statement indicating this.

****************************************************** Amendment 0003 ***

PART 2 PRODUCTS

2.1 TEMPORARY SIGNAGE

2.1.1 Bulletin Board

Prior to the commencement of work activities, provide a clear weatherproof covered bulletin board not less than 36 by 48 inches in size for displaying the Equal Employment Opportunity poster, a copy of the wage decision contained in the Contract, Wage Rate Information poster, Safety and Health Information as required by EM 385-1-1 Section 01 and other information approved by the Contracting Officer. Coordinate requirements herein with 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS. Locate the bulletin board at the project site in a conspicuous place easily accessible to all employees, and in location as approved by the Contracting Officer.

2.1.2 Warning Signs

Post temporary signs, tags, and labels to give workers and the public adequate warning and caution of construction hazards according to the EM 385-1-1 Section 04. Attach signs to the perimeter fencing every 150 feet warning the public of the presence of construction hazards. Signs must require unauthorized persons to keep out of the construction site.

Correct the data required by safety signs daily. Post signs at all points of entry designating the construction site as a hard hat area.

2.2 TEMPORARY TRAFFIC CONTROL

2.2.1 Haul Roads

Construct access and haul roads necessary for proper prosecution of the work under this Contract in accordance with EM 385-1-1 Section 04.

Construct with suitable grades and widths; avoid sharp curves, blind corners, and dangerous cross traffic. Submit haul road plan for approval.

Provide necessary lighting, signs, barricades, and distinctive markings for the safe movement of traffic. The method of dust control, although optional, must be adequate to ensure safe operation at all times.

Location, grade, width, and alignment of construction and haul roads are subject to approval by the Contracting Officer. Lighting must be adequate to assure full and clear visibility for full width of haul road and work areas during any night work operations.

2.2.2 Barricades

Erect and maintain temporary barricades to limit public access to hazardous areas. Barricades are required whenever safe public access to paved areas

SECTION 01 50 00 Page 4 such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Securely place barricades clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

2.3 FENCING

Provide fencing along all open excavations and to control access by unauthorized personnel. Safety fencing must be highly visible to be seen by pedestrians and vehicular traffic. All fencing must meet the requirements of EM 385-1-1. Remove the fence upon completion and acceptance of the work.

2.3.1 Polyethylene Mesh Safety Fencing

Temporary safety fencing must be a high visibility orange colored, high density polyethylene grid, a minimum of 48 inches high and maximum mesh size of 2 inches. Fencing must extend from the grade to a minimum of 48 inches above the grade and be tightly secured to T-posts spaced as necessary to maintain a rigid and taut fence. Fencing must remain rigid and taut with a minimum of 200 pounds of force exerted on it from any direction with less than 4 inches of deflection.

PART 3 EXECUTION

3.1 EMPLOYEE PARKING

Construction Contract employees must park privately owned vehicles in an area approved by the Contracting Officer. Employee parking must not interfere with existing and established parking requirements.

3.2 AVAILABILITY AND USE OF UTILITY SERVICES

3.2.1 Temporary Utilities

Provide temporary utilities required for construction. Materials may be new or used, must be adequate for the required usage, not create unsafe conditions, and not violate applicable codes and standards.

3.2.2 Payment for Utility Services

d. The Contractor must provide their own utilities.

3.2.3 Sanitation

Provide and maintain within the construction area minimum field-type sanitary facilities in accordance with EM 385-1-1 Section 02. Clean units and empty wastes at least once a week or more frequently into a municipal, district, or station sanitary sewage system, or remove waste to a commercial facility. Obtain approval from the system owner prior to discharge into a municipal, district, or commercial sanitary sewer system.

Penalties or fines associated with improper discharge will be the responsibility of the Contractor. Maintain these conveniences at all times. Include provisions for pest control and elimination of odors.

Government toilet facilities will not be available to Contractor's personnel.

SECTION 01 50 00 Page 5

3.2.4 Telephone

Make arrangements and pay all costs for telephone facilities desired.

3.2.5 Fire Protection

Provide temporary fire protection equipment for the protection of personnel and property during construction. Remove debris and flammable materials daily to minimize potential hazards.

3.3 TRAFFIC PROVISIONS

3.3.1 Maintenance of Traffic

a. Conduct operations in a manner that will not close a thoroughfare or interfere with traffic on railways or highways except with written permission of the Contracting Officer at least 15 calendar days prior to the proposed modification date. Contractor may move oversized and slow-moving vehicles to the worksite provided requirements of the highway authority have been met.

b. Conduct work so as to minimize obstruction of navigation traffic.

Obtain approval from the Contracting Officer prior to starting any activity that will obstruct traffic.

d. Provide bouys, lights, or other traffic control required to maintain river traffic.

3.3.2 Dust Control

Dust control methods and procedures must be approved by the Contracting Officer. Coordinate dust control methods with 01 57 19.00 06 TEMPORARY

ENVIRONMENTAL CONTROLS.

3.4 CONTRACTOR'S TEMPORARY FACILITIES

Contractor is responsible for security of their property. Provide adequate outside security lighting at the temporary facilities. Barges must be anchored to resist high winds and meet applicable state or local standards for anchoring. Coordinate anchoring with EM 385-1-1 Section 04. The Contract Clause entitled "FAR 52.236-10, Operations and Storage Areas" and the following apply:

3.4.1 Administrative Field Offices

Provide and maintain administrative field office facilities on barges.

Government office and warehouse facilities will not be available to the Contractor's personnel.

3.4.2 Storage Area

Construct a temporary fence around materials kept on land. Do not place or store materials, or equipment outside the fenced area unless such materials, or equipment are assigned a separate and distinct storage area by the Contracting Officer away from the vicinity of the construction site but within the site boundaries. Park mobile equipment, such as tractors, wheeled lifting equipment, cranes, trucks, and like equipment within the fenced area at the end of each work day if not stored on a barge.

SECTION 01 50 00 Page 6

Keep fencing in a state of good repair and proper alignment.

3.4.3 Supplemental Storage Area

Upon request, and pending availability, the Contracting Officer will designate another or supplemental area for the use and storage of equipment, and materials. This area may not be in close proximity of the construction site but will be located at J.T. Myers Lock and Dam. Maintain the area in a clean and orderly fashion and secured if needed to protect supplies and equipment. Utilities will not be provided to this area by the Government.

3.4.4 Safety Systems

Protect the integrity of all installed safety systems or personnel safety devices. Obtain prior approval from the Contracting Officer if entrance into systems serving safety devices is required. If it is temporarily necessary to remove or disable personnel safety devices in order to accomplish Contract requirements, provide alternative means of protection prior to removing or disabling any permanently installed safety devices or equipment and obtain approval from the Contracting Officer.

3.4.5 Weather Protection of Temporary Facilities and Stored Materials

3.4.5.1 Site Storm Protection

When a warning of gale force winds is issued, take precautions to minimize danger to persons, and protect the work. Precautions must include, but are not limited to, removing loose materials, tools and equipment from exposed locations; and removing or securing equipment and other temporary work.

3.5 PLANT COMMUNICATIONS

Whenever the individual elements of the plant are located so that operation by normal voice between these elements is not satisfactory, install a satisfactory means of communication, such as telephone or other suitable devices and make available for use by Government personnel.

3.6 CLEANUP

Remove construction debris, waste materials, packaging material and the like from the work site daily.

3.7 RESTORATION OF STORAGE AREA

Upon completion of the project remove the bulletin board, signs, barricades, haul roads, and all other temporary products from the site.

After removal of materials, and equipment from within the fenced area, remove the fence. Restore areas used during the performance of the Contract to the original or better condition. Remove gravel used to traverse grassed areas and restore the area to its original condition, including top soil and seeding as necessary.

-- End of Section --

SECTION 01 50 00 Page 7

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION 01 50 00 Page 8

SECTION 01 57 19.00 06

TEMPORARY ENVIRONMENTAL CONTROLS AND PERMITS

04/20

Amendment 0003

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 200-2-2 (1988) Environmental Quality - Procedures for Implementing NEPA

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

Wetland Supplement Regional Supplement to the Corps of Engineers Wetland Delineation Manual;

Midwest Region (Version 2.0) April 2010

ERDC/R; TR-10-16

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

29 CFR 1910 Occupational Safety and Health Standards

29 CFR 1910.120 Hazardous Waste Operations and Emergency Response

29 CFR 1915 Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment

29 CFR 1926 Safety and Health Regulations for Construction

40 CFR 112 Oil Pollution Prevention

40 CFR 241 Guidelines for Disposal of Solid Waste

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

40 CFR 258 Subtitle D Landfill Requirements

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous

SECTION 01 57 19.00 06 Page 1

Waste

40 CFR 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

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

40 CFR 263 Standards Applicable to Transporters of Hazardous Waste

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

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

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

40 CFR 268 Land Disposal Restrictions

40 CFR 273 Standards for Universal Waste Management

40 CFR 273.2 Standards for Universal Waste Management - Batteries

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

40 CFR 273.5 Standards for Universal Waste Management - Lamps

40 CFR 279 Standards for the Management of Used Oil

40 CFR 300 National Oil and Hazardous Substances Pollution Contingency Plan

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

40 CFR 355 Emergency Planning and Notification

40 CFR 372-SUBPART D Specific Toxic Chemical Listings

40 CFR 50 National Primary and Secondary Ambient Air Quality Standards

40 CFR 60 Standards of Performance for New Stationary Sources

40 CFR 63 National Emission Standards for Hazardous

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Air Pollutants for Source Categories

40 CFR 64 Compliance Assurance Monitoring

40 CFR 82 Protection of Stratospheric Ozone

49 CFR 171 General Information, Regulations, and Definitions

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

49 CFR 173 Shippers - General Requirements for Shipments and Packagings

49 CFR 178 Specifications for Packagings

1.2 DEFINITIONS

1.2.1 Class I and II Ozone Depleting Substance (ODS)

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

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

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

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

1.2.2 Contractor Generated Hazardous Waste

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

1.2.3 Electronics Waste

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

1.2.4 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment aesthetically, culturally or historically.

1.2.5 Environmental Protection

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

SECTION 01 57 19.00 06 Page 3 control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.6 Hazardous Debris

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

40 CFR 261.

1.2.7 Hazardous Materials

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

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

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

1.2.8 Hazardous Waste

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

1.2.9 Not Used

1.2.10 Land Application

Land Application means spreading or spraying discharge water at a rate that allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" must occur.

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

1.2.11 Municipal Separate Storm Sewer System (MS4) Permit

MS4 permits are those held by installations to obtain NPDES permit coverage for their stormwater discharges.

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1.2.12 National Pollutant Discharge Elimination System (NPDES)

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

1.2.13 Oily Waste

Oily waste are those materials that are, or were, mixed with Petroleum, Oils, and Lubricants (POLs) and have become separated from that POLs. Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with and have been contaminated by, POLs and may be appropriately tested and discarded in a manner which is in compliance with other state and local requirements.

This definition includes materials such as oily rags, "kitty litter" sorbent clay and organic sorbent material. These materials may be land filled provided that: It is not prohibited in other state regulations or local ordinances; the amount generated is "de minimus" (a small amount); it is the result of minor leaks or spills resulting from normal process operations; and free-flowing oil has been removed to the practicable extent possible. Large quantities of this material, generated as a result of a major spill or in lieu of proper maintenance of the processing equipment, are a solid waste. As a solid waste, perform a hazardous waste determination prior to disposal. As this can be an expensive process, it is recommended that this type of waste be minimized through good housekeeping practices and employee education.

1.2.14 Not Used

1.2.15 Not Used

1.2.16 Not Used

1.2.17 Not Used

1.2.18 Regulated Waste

Regulated waste are solid wastes that have specific additional federal, state, or local controls for handling, storage, or disposal.

1.2.19 Sediment

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

1.2.20 Solid Waste

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

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1.2.20.1 Debris

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

1.2.20.2 Green Waste

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

1.2.20.3 Material not regulated as solid waste

Material not regulated as solid waste is nuclear source or byproduct materials regulated under the Federal Atomic Energy Act of 1954 as amended;

suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges; regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.

1.2.20.4 Non-Hazardous Waste

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

1.2.20.5 Recyclables

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

Metal meeting the definition of lead contaminated or lead based paint contaminated may be included as recyclable if sold to a scrap metal company. Paint cans that meet the definition of empty containers in accordance with 40 CFR 261.7 may be included as recyclable if sold to a scrap metal company.

1.2.20.6 Surplus Soil

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

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1.2.20.7 Scrap Metal

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

1.2.20.8 Wood

Wood is dimension and non-dimension lumber, plywood, chipboard, hardboard.

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

1.2.21 Surface Discharge

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

1.2.22 Wastewater

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

1.2.22.1 Stormwater

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

1.2.23 Waters of the United States

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

1.2.24 Wetlands

Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Official determination of whether or not an area is classified as a wetland must be done in accordance with the WETLANDS DELINEATION MANUAL and Wetland Supplement.

1.2.25 Universal Waste

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

40 CFR 273.

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1.3 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Preconstruction Survey

Solid Waste Management Permit; G, RE

Regulatory Notifications; GRE

Environmental Protection Plan; G, RE

Dirt and Dust Control Plan; G,RE

Employee Training Records

Environmental Manager Qualifications

Stormwater Pollution Prevention Plan (Swppp); G , RE

SD-06 Test Reports

Laboratory Analysis

Inspection Reports

Solid Waste Management Report

SD-07 Certificates

Employee Training Records

Certificate of Competency

Erosion and Sediment Control Inspector Qualifications

SD-11 Closeout Submittals

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

Waste Determination Documentation

Assembled Employee Training Records

Solid Waste Management Permit

Solid Waste Management Report Regulatory Notifications

Sales Documentation

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Contractor Certification

As-Built Topographic Survey

1.4 ENVIRONMENTAL PROTECTION REQUIREMENTS

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

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

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

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

Comply with the special environmental requirements listed here and attached at the end of this section.

1. When performing earth disturbing activities (excavating or regrading) for Dike 5, a U.S. Army Corps of Engineers Archaeologist needs to be present to monitor the earth disturbing activities above the water surface within the Dike 5 footprint. The Contractor shall contact both the Contracting Officer's Representative and Montana Martin, USACE Archaeologist, at least 72 hours prior to earth disturbing activities within the footprint of Dike 5. Montana Martin may be contacted at phone 502-315-7433 or Montana.Martin@USACE.ARMY.MIL.

2. An area upstream of Dike 4 along the Illinois bank shall be avoided. The area is located outside the limits of Construction. No barge landings are permited in this area due to potential existence of endangered mussel species.

3. Tree clearing (felling of trees) greater than 5" dbh is not permitted from April 1 to September 30 due to potential existence of endangered bat species.

4. The following Best Management Practices (BMP's) are to be implemented during construction activities to minimize potential impacts to aquatic environments. BMPs commonly used for construction activities include:

• Perform equipment maintenance away from streams, water bodies, and ditch lines, whenever possible. Fuel storage shall be contained/maintained in an area where leakage and spilling into the river will be avoided.

• Perform any needed maintenance to the crane and excavator prior to arriving at the work site.

• Ensure that crane and excavator has no oil or hydraulic leaks that will spill or wash off in the river water during construction.

• Operate the towboat at as low of RPM’s as practicable when approaching and leaving the work site to prevent river bottom scouring.

• Avoid dropping or spilling excess construction material into the river.

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• Minimize the area to be disturbed.

• Implement sediment and erosion control measures to limit instream impacts.

1.6 QUALITY ASSURANCE

1.6.1 Preconstruction Survey and Protection of Features

This paragraph supplements the Contract FAR 52.236-9 - Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements.

Prior to start of any onsite construction activities, perform a Preconstruction Survey of the project site with the Contracting Officer, and take photographs showing existing environmental conditions in and adjacent to the site. Submit a report for the record. Include in the report a plan describing the features requiring protection under the provisions of the Contract Clauses, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. The Contractor and the Contracting Officer will sign this survey report upon mutual agreement regarding its accuracy and completeness. Protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the work under the Contract.

1.6.2 Regulatory Notifications

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

1.6.3 Environmental Brief

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

1.6.4 Environmental Manager

Appoint in writing an Environmental Manager for the project site. The Environmental Manager is directly responsible for coordinating contractor compliance with federal, state, local, and installation requirements. The Environmental Manager must ensure compliance with Hazardous Waste Program requirements (including hazardous waste handling, storage, manifesting, and disposal); implement the EPP; ensure environmental permits are obtained, maintained, and closed out; ensure compliance with Stormwater Program requirements; ensure compliance with Hazardous Materials (storage, handling, and reporting) requirements; and coordinate any remediation of regulated substances (lead, asbestos, PCB transformers). This can be a

SECTION 01 57 19.00 06 Page 10 collateral position; however, the person in this position must be trained to adequately accomplish the following duties: ensure waste segregation and storage compatibility requirements are met; inspect and manage Satellite Accumulation areas; ensure only authorized personnel add wastes to containers; ensure Contractor personnel are trained in 40 CFR requirements in accordance with their position requirements; coordinate removal of waste containers; and maintain the Environmental Records binder and required documentation, including environmental permits compliance and close-out.

Submit Environmental Manager Qualifications to the Contracting Officer.

1.6.5 Employee Training Records

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

Train personnel to meet EPA and state requirements. Conduct environmental protection/pollution control meetings for personnel prior to commencing construction activities. Contact additional meetings for new personnel and when site conditions change. Include in the training and meeting agenda:

methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection/pollution control;

anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, waters of the United States, and endangered species and their habitat that are known to be in the area.

1.6.6 Non-Compliance Notifications

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

1.7 ENVIRONMENTAL PROTECTION PLAN

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

SECTION 01 57 19.00 06 Page 11 requirements, changes in site conditions, or contract modifications that change the project scope of work in a way that could have an environmental impact. No requirement in this section will relieve the Contractor of any applicable federal, state, and local environmental protection laws and regulations. During Construction, identify, implement, and submit for approval any additional requirements to be included in the EPP. Maintain the current version onsite.

The EPP includes, but is not limited to, the following elements:

1.7.1 General Overview and Purpose

1.7.1.1 Descriptions

A brief description of each specific plan required by environmental permit or elsewhere in this Contract such as stormwater pollution prevention plan, spill control plan, solid waste management plan, wastewater management plan, air pollution control plan, contaminant prevention plan, a historical, archaeological, cultural resources, biological resources and wetlands plan, traffic control plan Non-Hazardous Solid Waste Disposal Plan.

1.7.1.2 Duties

The duties and level of authority assigned to the person(s) on the job site who oversee environmental compliance, such as who is responsible for adherence to the EPP, who is responsible for spill cleanup and training personnel on spill response procedures, who is responsible for manifesting hazardous waste to be removed from the site (if applicable), and who is responsible for training the Contractor's environmental protection personnel.

1.7.1.3 Procedures

A copy of any standard or project-specific operating procedures that will be used to effectively manage and protect the environment on the project site.

1.7.1.4 Communications

Communication and training procedures that will be used to convey environmental management requirements to Contractor employees and subcontractors.

1.7.1.5 Contact Information

Emergency contact information contact information (office phone number, cell phone number, and e-mail address).

1.7.2 General Site Information

1.7.2.1 Drawings

Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, jurisdictional wetlands, material storage areas, structures, sanitary facilities, storm drains and conveyances, and stockpiles of excess soil.

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1.7.2.2 Work Area

Work area plan showing the proposed activity in each portion of the area and identify the areas of limited use or nonuse. Include measures for marking the limits of use areas, including methods for protection of features to be preserved within authorized work areas and methods to control runoff and to contain materials on site, and a traffic…