W912QR24R0011_Specs-0003.pdf

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 W912QR24R0011 for Construction of an Army Reserve Center (ARC), Vehicle Maintenance Facility, and Organizational Storage Building in Asheville, North Carolina is hereby amended as follows:

See Continuation Page.

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 W912QR24R0011

X 9B. DATED (SEE ITEM 11)

07-Feb-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

U0003

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3.EFFECTIVE

DATE

15-Apr-2024

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

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912QR24R0011_Specs-0003

W912QR24R0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMDT 0003 CONTINUATION PAGE

a. The following SPECIFICATION SECTIONS have been replaced in their entirety:

1) 21 13 13 Wet Pipe Sprinkler Systems, Fire Protection

i. Specification section 3.4.8.d removed from specification.

2) 04 20 00 Revised Sections 2.2.2.2, 2.2.3.3 and 3.3.1.6

3) 08 33 13 Revised Section 2.3.

4) 01 57 19.00 06 Sections 3.2.1 and 4.2.4.1 Revised

5) 10 75 00.00 48 Section 2.2.1 revised and reference to winch removed.

b. Bid Schedule:

Revised price in Item 0003 for Utility Fees (Natural Gas Services) Revised text in Option 0012.

c. The following DRAWINGS have been replaced in their entirety:

CS101 Note included regarding work on public roads during times of the day when the nearby school is starting and ending.

1A-580 Revised detail 1/1A-580.

2A-580 Revised detail 1/2A-580.

d. Wage determination NC20240019 has been replaced in their entirety:

NC20240079 dtd 05 JAN 2024 Buncombe County, NC-HVY

e. All other terms and conditions remain unchanged.

(End of Summary of Changes)

P2#: 481815 Asheville USARC Asheville, North Carolina

Price Breakout Schedule Amendment 0003

Section 00 00 10 – Solicitation Contract Form

Price Breakout Schedule PROJECT: – Army Reserve Training Building, Vehicle Maintenance Shop and Unheated

Storage Building LOCATION: Asheville, North Carolina

PROPOSER’S NAME:

ITEM

NO.

BASE PROPOSAL

DESCRIPTION

UNIT

AMOUNT

0001 Primary Facility – Army Reserve Center job

0002 Site Work job $

0003 Utility Fees (Natural Gas Service) job $117,576.46

0004 Utility Fees (Electric Service) job $80,000

TOTAL BASE PROPOSAL $

OPTION PRICING

ITEM

NO. DESCRIPTION UNIT AMOUNT

0005 Vehicle Maintenance Shop job $

0006 Vehicle Maintenance Shop – Second Workbay job $

0007 Unheated Storage Building job $

0008 Washrack job $

0009 Bi-Level Loading Ramp job $

0010 Concrete Paving in MEP job $

0011 Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE)

– Army Reserve Center job $

0012 Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) Bona Fide Need

– Army Reserve Center job $

0013 Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE)

– Vehicle Maintenance Shop job $

0014 Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) Bona Fide Need

– Vehicle Maintenance Shop job $

0015 Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE)

– Unheated Storage Building job $

0016 Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) Bona Fide Need

– Unheated Storage Building job $

TOTAL ALL OPTIONS PROPOSAL

TOTAL BASE with all OPTIONS PROPOSAL $

NOTES FOR PROPOSAL SCHEDULE

1. The company name should be indicated on the face of the proposal schedule to preclude being misplaced.

2. Proposers must insert a price on all numbered items of the Proposal Schedule. The price may be zero dollars or a deduct amount. Failure to do so will disqualify the proposal.

3. Description of Proposal Items - The general outline of the principal features of each item as listed below does not in any way limit the responsibility of the proposer for making a thorough investigation of the drawings and the specifications to determine the scope of work including each item of the proposal form.

Description of Base Proposal Items

(a) Item No. 0001 “Primary Facility – Army Reserve Center” includes all construction work associated with the Army Reserve Center, and all applicable regulatory permitting and survey work and fees required within a line five feet outside of this building, except that work covered by Item No. 0011, and Item No. 0012.

(b) Item No. 0002 “Site Work” includes all demolition and construction work required beyond a line five feet outside the Primary Facilities.

(c) Item No. 0003 “Utility Fees” includes all costs associated with tap fees to the local utilities (Natural Gas). Refer to Drawing CU101.

(d) Item No. 0004 “Utility Fees” includes all costs associated with tap fees to the local utilities (Electric). Refer to Drawing ES002. This estimate is for bidder purposes only and the contractor may be entitled to an adjustment.

Description of Option Proposal Items

(e) Item No. 0005 “Vehicle Maintenance Shop” includes all construction work associated with the Vehicle Maintenance Shop, and all applicable regulatory permitting and survey work and fees required within a line five feet outside of this building, except that work covered by Item No. 0013, and Item No. 0014.

EXERCISE OF VEHICLE MAINTENANCE SHOP OPTION (Line item 0005)

The Project duration in Section 00 80 00.00 06, FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK shall not be affected by the exercising of the option.

This option may be exercised up 210 calendar days from the Notice to Proceed.

(f) Item No. 0006 “Vehicle Maintenance Shop – Second Workbay ” includes all construction work associated with adding a second workbay to the Vehicle Maintenance Shop, and all applicable regulatory permitting and survey work and fees required within a line five feet outside of this building.

EXERCISE OF VEHICLE MAINTENANCE SHOP – SECOND WORKBAY

OPTION (Line item 0006)

This option may be exercised up 210 calendar days from the Notice to Proceed.

(g) Item No. 0007 “Unheated Storage Building” includes all construction work associated with constructing an Unheated Storage Building, and all applicable regulatory permitting and survey work and fees required within a line five feet outside of this building, except that work covered by Item No. 0015, and Item No. 0016.

EXERCISE OF UNHEATED STORAGE BUILDING OPTION (Line item 0007)

This option may be exercised up 300 calendar days from the Notice to Proceed.

(h) Item No. 0008 “Washrack” includes all construction work associated with constructing a washrack bay, and all applicable regulatory permitting and survey work and fees required within a line five feet outside of this building.

EXERCISE OF WASHRACK OPTION (Line item 0008)

(i) Item No. 0009 “Bi-Level Loading Ramp” includes all construction work associated with constructing a Bi-Level Loading Ramp, and all applicable regulatory permitting and survey work and fees required within a line five feet outside of this structure.

EXERCISE OF BI-LEVEL LOADING RAMP OPTION (Line item 0009)

This option may be exercised up 120 calendar days from the Notice to Proceed.

(j) Item No. 0010 “Concrete Paving in the MEP” includes all construction work associated with adding additional concrete paving in the MEP area.

EXERCISE OF CONCRETE PAVING IN THE MEP OPTION (Line item 0010)

(k) Item No. 0011 “Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE)” includes all work required to furnish and install “Collateral Funded Equipment” for the Army Reserve Center. CFCICE Equipment are items which are not permanently attached to the construction. CFCICE Equipment is to be contractor provided and installed, unless otherwise noted. CFCICE Equipment for the Army Reserve Center facilities includes but is not limited to the following.

Shower room lockers Caging for unit storage and arms vault.

EXERCISE OF CFCICE OPTION (Line item 0011)

(l) Item No. 0012 “Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) Bona Fide Need” includes all work required to furnish and install “Collateral Funded Equipment” for the Army Reserve Center. CFCICE – Bona Fide Need equipment are items which are not permanently attached to the construction and is to be awarded before Contract Completion Date. CFCICE Bona Fide Need equipment is to be contractor provided and installed, unless otherwise noted. CFCICE Bona Fide Need equipment for the Army Reserve Center facilities includes the following.

Amendment 0003********************************************************************* Kitchen Equipment Arms Vault Dehumidifier Free standing metal shelving included in caged storage areas Shelving in Facilities Maintenance Rooms Breakroom refrigerator and microwave Lactation Room refrigerator and microwave Fire extinguishers Window blinds/roller window shades

********************************************************************* Amendment 0003 EXERCISE OF CFCICE-BONA FIDE NEED OPTION (Line item 0012)

This option may be exercised up 600 calendar days from the Notice to Proceed.

(m) Item No. 0013 “Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) – Vehicle Maintenance Shop” includes all work required to furnish and install “Collateral Funded Equipment” for the Vehicle Maintenance Shop. CFCICE Equipment are items which are not permanently attached to the construction. CFCICE Equipment is to be contractor provided and installed, unless otherwise noted. CFCICE Equipment for the Army Reserve Center facilities includes but is not limited to the following.

Caging for tool/parts storage.

EXERCISE OF CFCICE OPTION (Line item 0013)

(n) Item No. 0014 “Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) Bona Fide Need – Vehicle Maintenance Shop” includes all work required to furnish and install “Collateral Funded Equipment” for the Vehicle Maintenance Shop.

CFCICE – Bona Fide Need equipment are items which are not permanently attached to the construction and is to be awarded before Contract Completion Date. CFCICE Bona Fide Need equipment is to be contractor provided and installed, unless otherwise noted.

CFCICE Bona Fide Need equipment for the Army Reserve Center facilities includes the following.

Amendment 0003********************************************************************* Free standing metal shelving included in caged storage areas Fire extinguishers.

Window blinds/roller window shades.

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

EXERCISE OF CFCICE-BONA FIDE NEED OPTION (Line item 0014)

(o) Item No. 0015 “Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) – Unheated Storage Building” includes all work required to furnish and install “Collateral Funded Equipment” for the Unheated Storage Building. CFCICE Equipment are items which are not permanently attached to the construction. CFCICE Equipment is to be contractor provided and installed, unless otherwise noted. CFCICE Equipment for the Army Reserve Center facilities includes but is not limited to the following.

Caging for storage.

EXERCISE OF CFCICE OPTION (Line item 0015)

(p) Item No. 0016 “Contractor Furnished, Contractor Installed Collateral Equipment (CFCICE) Bona Fide Need – Unheated Storage Building” includes all work required to furnish and install “Collateral Funded Equipment” for the Unheated Storage Building.

CFCICE – Bona Fide Need equipment are items which are not permanently attached to the construction and is to be awarded before Contract Completion Date. CFCICE Bona

Fide Need equipment is to be contractor provided and installed, unless otherwise noted.

CFCICE Bona Fide Need equipment for the Army Reserve Center facilities includes the following.

Free standing metal shelving included in caged storage areas.

Fire extinguishers

EXERCISE OF CFCICE-BONA FIDE NEED OPTION (Line item 0016)

The decision of the Secretary of Labor, covering rates of wages, including fringe benefits to be paid laborers and mechanics performing work under this contract, is attached to this solicitation. The payment for all classes of laborers and mechanics actually employed to perform work under the contract will be specified in the following contract provisions: 52.222-4 "Contract Work Hours and Safety Standards -- Overtime Compensation"; 52.222-6 "Construction Wage Rate Requirements" (formerly named “Davis-Bacon Act”); and 52.222-10 "Compliance with Copeland Act Requirements.

Wage determination included are:

- NC20240079 (Heavy)

- NC20240016 (Building)

- NC20240087 (Highway)

The Heavy wage decision applies to all construction exterior work.

The Highway wage decision applies to all construction of the highway.

The Building wage decision applies to all construction interior work.

The work to be performed is located in the state of Asheville Army Reserve Center, North Carolina.

"General Decision Number: NC20240079 01/05/2024

Superseded General Decision Number: NC20230079

State: North Carolina

Construction Type: Heavy

Counties: Buncombe, Haywood, Henderson and Madison Counties in North Carolina.

HEAVY CONSTRUCTION PROJECTS

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2024

SUNC2011-060 08/26/2011

Rates Fringes

CARPENTER, Includes Form Work....$ 13.98 ** 0.69

ELECTRICIAN......................$ 15.41 ** 3.13

LABORER: Common or General......$ 11.30 ** 1.53

LABORER: Pipelayer..............$ 12.73 ** 2.50

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 15.98 ** 2.28

OPERATOR: Bulldozer.............$ 16.00 ** 2.48

OPERATOR: Loader................$ 15.00 ** 2.67

TRUCK DRIVER.....................$ 14.52 ** 1.36

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

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 (DA)

AR 200-1 Environmental Protection and Enhancement

AR 200-2 Environmental Quality: Environmental Effects on Army Actions

AR 200-3 Natural Resources: Land, Forest and Wildlife Management

ASTM INTERNATIONAL (ASTM)

ASTM E1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Superseeded by ASTM E1527 - 13

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

SECTION 01 57 19.00 06 Page 1 AMENDMENT 0003 - Certified Final

29 CFR 1926 Safety and Health Regulations for Construction

29 CFR 1926.62 Lead

40 CFR 112 Oil Pollution Prevention

40 CFR 152 Pesticide Registration and Classification Procedures

40 CFR 152 - 186 Pesticide Programs

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 Waste

40 CFR 261.7 Residues of Hazardous Waste in Empty Containers

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 262.31 Standards Applicable to Generators of Hazardous Waste-Labeling

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

SECTION 01 57 19.00 06 Page 2

40 CFR 273.3 Standards for Universal Waste Management - Pesticides

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 Air Pollutants for Source Categories

40 CFR 64 Compliance Assurance Monitoring

40 CFR 745 Lead-Based Paint Poisoning Prevention in Certain Residential Structures

40 CFR 82 Protection of Stratospheric Ozone

44 CFR 60.3 Flood Plain Management Criteria for Flood-prone Areas, 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

SECTION 01 57 19.00 06 Page 3

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 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

SECTION 01 57 19.00 06 Page 4 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 Installation Pest Management Coordinator

Installation Pest Management Coordinator (IPMC) is the individual officially designated by the Installation Commander to oversee the Installation Pest Management Program and the Installation Pest Management Plan.

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.

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

SECTION 01 57 19.00 06 Page 5 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 Pesticide

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

1.2.15 Pesticide Treatment Plan

A plan for the prevention, monitoring, and control to eliminate pest infestation.

1.2.16 Pests

Pests are arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.17 Project Pesticide Coordinator

The Project Pesticide Coordinator (PPC) is an individual who resides at a Civil Works Project office and who is responsible overseeing of pesticide application on project grounds.

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:

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

SECTION 01 57 19.00 06 Page 6 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, insulated/non-insulated copper wire cable, wire rope, 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 not 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.

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

SECTION 01 57 19.00 06 Page 7 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.

SECTION 01 57 19.00 06 Page 8

1.3 SUBMITTALS

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

submittals not having a "G" designation are for Contractor Quality Control approval. Submittals with an "S" are for inclusion in the Sustainability Notebook, in conformance with LRL Section 01 33 29.00 06 SUSTAINABILITY REPORTING. Submit the following in accordance with LRL Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Preconstruction Survey

Solid Waste Management Permit; G

Regulatory Notifications; G

Environmental Protection Plan; G

Dirt and Dust Control Plan; G

Employee Training Records; G

Environmental Manager Qualifications; G

Notice Of Soil Treatment; G

Stormwater Pollution Prevention Plan (Swppp); G

SD-06 Test Reports

Inspection Reports

Solid Waste Management Report; G

SD-07 Certificates

Employee Training Records; G

Certificate of Competency

Erosion and Sediment Control Inspector Qualifications

SD-11 Closeout Submittals

Stormwater Pollution Prevention Plan Compliance Notebook; G

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

Waste Determination Documentation; G

Disposal Documentation for Hazardous and Regulated Waste; G

Assembled Employee Training Records; G

Solid Waste Management Permit; G

Solid Waste Management Report; G

SECTION 01 57 19.00 06 Page 9

Hazardous Waste/Debris Management; G

Regulatory Notifications; G

Sales Documentation; G

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.

1.4.1 Conformance with the Environmental Management System

Perform work under this contract consistent with the policy and objectives identified in the installation's Environmental Management System (EMS).

Perform work in a manner that conforms to objectives and targets of the environmental programs and operational controls identified by the EMS.

Support Government personnel when environmental compliance and EMS audits are conducted by escorting auditors at the Project site, answering questions, and providing proof of records being maintained. Provide monitoring and measurement information as necessary to address environmental performance relative to environmental, energy, and transportation management goals. In the event an EMS nonconformance or environmental noncompliance associated with the contracted services, tasks, or actions occurs, take corrective and preventative actions. In addition, employees must be aware of their roles and responsibilities under the installation EMS and of how these EMS roles and responsibilities affect work performed under the contract.

Coordinate with the installation's EMS coordinator to identify training needs associated with environmental aspects and the EMS, and arrange training or take other action to meet these needs. Provide training documentation to the Contracting Officer. The Installation Environmental Office will retain associated environmental compliance records. Make EMS Awareness training completion certificates available to Government auditors during EMS audits and include the certificates in the Employee Training Records. See paragraph EMPLOYEE TRAINING RECORDS.

1.5 SPECIAL ENVIRONMENTAL REQUIREMENTS

The Contractor shall comply with the NCDEQ (North Carolina Department of Environmental Quality) Permit. The approved permit package will be provided to the winning bidder after award. The Contractor is responsible for the completion and submittal of the NOI and NOT. This includes the

SECTION 01 57 19.00 06 Page 10

Erosion Control Plan, the Storm Water Plan, SWPPP, and calculations.

Tree clearing operations shall be conducted between October and March to avoid the roosting season of the Northern Long-Eared Bat.

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 21 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

Attend an environmental brief to be included in the preconstruction meeting. Provide the following information: types, quantities, and use of hazardous materials that will be brought onto the installation; and types and quantities of wastes/wastewater that may be generated during the Contract. Discuss the results of the Preconstruction Survey at this time.

Prior to initiating any work on site, meet with the Contracting Officer and installation Environmental Office 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

SECTION 01 57 19.00 06 Page 11

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…