B.08 ATTACHMENT 1 - PWS, FINAL_Redacted.pdf

U.S. Army Corps of Engineers

Portland District Operations Division

PERFORMANCE WORK

STATEMENT

For

Hazardous Waste Transportation, Treatment and Disposal Services

August 11, 2020

Prepared by Operations Division

Portland District

333 SW First Avenue Portland, Oregon 97208

Table of Contents

1.0 General Statement

2.0 Definitions

3.0 Government Will Furnish

4.0 Contractor Shall Furnish

5.0 Performance Standards and Requirements

5.1 Policy

5.2 Contractor Requirements

5.2.1 Facilities

5.2.2 Waste Disposal

5.2.3 Waste Treatment

5.2.4 Level of Training

5.2.5 Transportation Vehicles

5.2.6 Health and Safety Plans

5.2.7 Emergency Spill Response

5.2.8 Insurance

5.2.9 Regulatory Compliance

5.2.10 Environmental Manager

5.2.11 Contractor Manpower Reporting (CMR)

5.3 Federal and State Agencies and Regulations

5.4 Contractor Responsibility

5.5 Authorized Laboratories

5.6 Services

5.6.1 Transportation for Chemical Characterization Samples

5.6.2 Waste Characterization Laboratory and Profiling Services

5.6.3 Transportation for Treatment and Disposal

5.6.4 Drum Replacement and/or Over-packing

5.6.5 Waste Treatment and Disposal

5.6.6 Annual Waste Management Reports

5.7 Deliverables

5.7.1 Prior to Beginning Work

5.7.2 During Execution of Work

5.7.3 Following Execution of Work

5.7.4 Annual Waste Management Reports

5.8 Recordkeeping

5.9 Spill Response

5.10 Changes

5.11 Execution Timetable

6.0 Performance Requirements Summary

6.1 Performance Requirements Summary Table

6.2 Non-compliance

6.3 Surveillance

6.3 Quality Control

7.0 Safety, Environmental, and Security Regulations

7.1 Safety

7.2 Environmental

7.3 Security

7.3.1 DOT

7.3.2 Unauthorized Access to Transport Conveyances

7.3.3 USACE En Route Security Measures

7.3.4 Contractor En Route Security Requirements

7.3.5 Security Breach Procedure

7.3.6 Identification of Contractor Employees

8.0 Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act

8.1 Veterans Emphasis

9.0 Site Locations and Points of Contact

9.1 Site Locations

9.2 Points of Contact

10.0 Exhibits

Exhibit 1 Safety and Health Program Requirements for RCRA Operations Exhibit 2 Contractor’s Documentation

Exhibit 3 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods Exhibit 4 Waste Service and Supply Items

U.S. Army Corps of Engineers, Portland District, Operations Division

PERFORMANCE WORK STATEMENT (PWS)

for

Hazardous Waste Transportation, Treatment and Disposal

1.0 General Statement

This is a non-personal commercial services contract for hazardous waste transportation, treatment and disposal services in support of the U.S. Army Corps of Engineers (USACE), Portland District (NWP), Operations Division (OD). Locations of service shall include the Bonneville, The Dalles, Willamette Valley, Rouge River, The U.S. Moorings and The John Day Projects.

The Contractor shall provide all labor, equipment and materials necessary to perform required services under this contract and comply with all local, state, and federal regulations during the services performed. The Government will not exercise any supervision or control over the contract service providers performing the services, unless otherwise noted herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

This is a Firm Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract with a five (5) year base period.

2.0 Definitions

Throughout this performance work statement these terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in 5.0, Performance Standards and Requirements, and as summarized in 6.0, Performance Requirements Summary. The Contractor must re-perform all unsatisfactory work unless excused by the Quality Assurance Evaluator.

Anti-Freeze: Liquid used in combustion engines to prevent freezing of coolant. Due to repeated cycling through the engine during use, there is potential of contamination with heavy metals (lead, cadmium, and chromium, etc.) rendering a potential Resource Conservation and Recovery Act (RCRA) hazardous waste. Analytical testing is required to make this determination.

Asbestos/Asbestos Waste: The asbestiform varieties of serpentine (chrysotile), riebeckite

(crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite. Disposal of Asbestos Waste is regulated by the Clean Air Act (CAA) under the National Emission Standards for

Hazardous Air Pollutants (NESHAPS) and considered hazardous under the Toxic Substances Control Act (TSCA). Friable asbestos is also regulated by DOT as a hazardous material when offered for transportation.

Bill of Lading: Shipping document used for the shipment of DOT hazardous materials including non-hazardous waste shipments.

Blast Booth Filters (abrasive): Solid entrapment devices used in abrasive blasting booths that may be contaminated with larger-scale residue of the product removed in the booth, such as paint. Due to the past use of lead-based paints, there is high potential this waste stream may be a RCRA hazardous waste. Analytical testing is required to make this determination.

Bulk Oil Absorbents: Bulk quantities (drop box or other suitably large shipping container) that contain pillows, booms, pads, or loose material used to absorb oil and oil based non-hazardous products.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the

Contractor as observed by the Quality Assurance Evaluator.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts, and make related determinations and findings. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting

Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the

Contracting Officer attempts to make changes to the terms and conditions of this contract the Contractor shall not proceed with the change and shall immediately notify the Contracting Officer.

Contracting Officers Representative (COR): The Government employee who has been authorized in writing as the KO’s representative, acting within the limits of their authority. The COR may not make changes to the terms and conditions of this contract.

Department of Transportation Security Plan: This plan shall be developed when applicable under 40 CFR 172.800(b) and meet the requirements of 40 CFR 172.802.

Drained Oil Filters: Filters used in combustion engines to filter lubricant oil. Oil is hot-drained from these filters, at which time they will generally be crushed and placed in drums.

Drop Box: Steel container, lined with plastic, and used to contain bulk waste products. Under this

Standard, Drop Boxes, 20 cubic yards size and constructed of steel. They are kept on projects up to 30 days after delivery. Drop Box costs include delivery, liner, usage, and return (pickup) to the originating facility.

Emergency Spill Response Plan: This plan shall define the procedures by which the Contractor shall respond to a hazardous materials emergency. At a minimum, the plan shall include all of the sections discussed in 29 CFR 1910.120 (q) while the waste is in transportation and paragraph (p) would apply to the Contractor’s permitted treatment and disposal facility. Contractors should also pay special notice to requirements for emergency spill responders, which are discussed in paragraph

5.2.7 in the Contractor Requirements section of this PWS.

Empty Drum: Any drum is considered empty if: 1) all wastes have been removed that can be during pouring, pumping, or aspirating and 2) no more than 2.5 cm (1 inch) of liquid or 3 percent by weight of the total capacity of the container remains in the bottom of the container or inner liner for containers less than or equal to 119 gallons. If the container is larger than 119 gallons the limit is 2.5 cm or 0.3 percent by weight of the total capacity of the container. Special requirements must be used for acute wastes (RCRA Empty), see 40 CFR 261.7(b).

Fluorescent Lamps / Compact Fluorescent Lamps: A lamp that produces visible light by fluorescence. For the purposes of this Standard it shall be considered a glass tube whose inner wall is coated with a material that fluoresces when an electrical current causes a vapor within the tube to discharge electrons. Typically the vapor within the tube is released by the solid source Mercury (Hg), a listed hazardous waste. However, in accordance with 40 CFR Part 273 these lamps shall be treated as a universal waste. They may be shipped on a bill of lading or a manifest.

Fuel/Oil Mixtures: Low-flashpoint auto fuels mixed with oil (see used oil) for use in 2-cycle engines.

Due to the low-flashpoint component, this waste stream is typically a RCRA characteristic waste, for ignitability. Analytical testing is required to make this determination.

General Health and Safety Plan: This plan describes the Contractor’s general health and safety program. The plan shall include all applicable topics covered by Occupational Safety and Health Administration (OSHA) standards.

Grease: Semi-solid lubricant composed of emulsified mineral lubricants.

Hazard Communication Plan: A Hazard Communication Plan is a plan that provides for the safety of all employees who come into contact with hazardous substances. Plans shall be prepared by the Contractor in accordance with 29 CFR 1910.1200. At a minimum, these plans include container labeling; safety data sheet (SDS) use; and employee information and training.

Hazardous Substances: For purposes of this contract the term “hazardous substances” shall be defined using the OSHA interpretation rather than the EPA interpretation. The OSHA definition of a hazardous substance is as follows:

"Hazardous substance" means any substance meeting one or more of the criteria listed under (A) through (D) of this definition, exposure to which results or may result in adverse effects on the health or safety of employees:

A. Any substance defined under section 101(14) of CERCLA;

B. Any biologic agent and other disease causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such persons or their offspring;

C. Any substance listed by the U.S. Department of Transportation (DOT) as hazardous materials under 49 CFR 172.101;

D. Hazardous waste as herein defined. "Hazardous waste" means –

1. A waste or combination of wastes as defined in 40 CFR261.3, or

2. Those substances defined as hazardous wastes in 49 CFR 171.8.

Hazardous Wastes: Solid or liquid waste (fluids, soil, debris, etc.) that either exhibit hazardous characteristics or are listed in accordance with 40 CFR 261.3. Regardless of this standard, wastes are also hazardous if they meet the State-Only (Oregon) waste definition (OAR 340-101-033) or

Washington waste definition (WAC 173-303-040), depending on the state in which the waste is generated. Management practices require treatment and/or disposal at a RCRA-permitted facility.

Hazardous waste must be transported using a hazardous waste manifest and a land disposal restrictions notification form.

Herbicides/Pesticides: Biologically hazardous agents used in vegetation, rodent or insect control.

Application of these materials is regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and disposal is regulated by RCRA as a listed or characteristic waste. Disposals fall under the Universal Waste Standards set by EPA or state agencies.

Hi-Intensity Discharge (HID) Lamps: A lamp that provides visible light similar to fluorescent lamps.

Typically interior vapors are Sodium (Na). In accordance with 40 CFR Part 273 these lamps shall be treated as a universal waste. They may be shipped on a bill of lading or a manifest.

Lab-packs: Small quantity containers, segregated and packed, according to hazard class, into one single larger container called a lab-pack for disposal. A 20-gallon lab pack is the standard size. If lab pack products are not identified by SDS or label they are considered unknowns and require full analytical testing.

Lead-Acid Batteries: Power sources collected either in drums or individually, containing lead (Pb) and an acid, usually sulfuric (H2SO4). Generally these batteries are hazardous but recyclable.

However, in accordance with 40 CFR Part 273 these batteries shall be treated as a universal waste.

They may be shipped on a bill of lading or a manifest.

Lead Debris: Waste that has either been coated with lead-based paint, or other media contaminating the article so that it exhibits a characteristic of hazardous waste for lead (Pb) with greater than or equal to 5 mg/L Toxicity Characteristic Leaching Procedure (TCLP), rendering it a RCRA hazardous waste.

Liquid Hazardous Waste: Liquid waste that may have either hazardous characteristics or toxic contaminant levels above the EPA hazardous waste definition (40 CFR 261.3) or above the State-Only

(Oregon) waste definition (OAR 340-101-033) or above the State-Only (Washington) waste definition (WAC 173-303-040.) Hazardous waste liquids require treatment and/or disposal at a RCRA-permitted facility. Non- hazardous waste liquids require treatment at a NPDES-permitted treatment facility.

Lithium Batteries: Batteries powered by lithium are typically divided into two categories. Lithium ion batteries are rechargeable and lithium primary batteries are non-rechargeable. Generally these batteries are hazardous for metals and may exhibit the characteristic of reactivity (D003), however they may be recyclable. In accordance with 40 CFR Part 273, OAR 340-113, and WAC 173-303-573, these batteries shall be treated as a universal waste. They may be shipped on a bill of lading or a manifest if they meet the definition of a DOT hazardous material and are managed as a universal waste.

Mercury Containing Equipment: Mercury-containing equipment, as defined in 40 CFR Part 273, means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function. Mercury-containing equipment that is classified as hazardous waste can be collected under the streamlined collection standards for universal waste.

Nickel-Cadmium Batteries: Power sources collected in drums, containing Nickel (Ni), and Cadmium (Cd). Generally these batteries are hazardous but recyclable. In accordance with 40 CFR Part 273 these batteries shall be treated as a universal waste. They may be shipped on a bill of lading or a manifest.

Non-Pumpable Grease: Grease and oily products that may not be pumped from drums or containers due to their heavy consistency.

Oil Absorbents: Materials used to collect oil or grease; may include pillows, boom, pads, or loose material.

Oil, Oil/Water Mixtures, Oil-Based Grease: Used oil (as defined below) and/or grease (as defined above), possibly mixed with water (10 percent or less by volume).

Oil, Oil/Water Mixtures, Water Contaminated with Oil: Used oil (as defined below) mixed with water (greater than 10 percent by volume).

Over-pack Drum: Large steel or plastic drums sized to hold and contain the contents of a smaller drum.

Paint Wastes: Used or off-specification paint, lacquers, varnishes, stains, thinners, or like products.

Personal Protective Equipment (PPE) Solids: Protective clothing and breathing apparatus filters (air purifying respirators). PPE may be characterized as hazardous or non-hazardous based on knowledge of process with respect to the nature of the contaminants encountered during use.

PCB Contaminated Liquid Waste: Liquid waste with polychlorinated biphenyl (PCB) concentrations exceeding TSCA regulatory limits found in 40 CFR 761.

PCB Contaminated Solid Waste: Solid waste with PCB concentrations exceeding TSCA regulatory limits found in 40 CFR 761.

PCB Light Ballast’s: Electrical devices used in the regulation of electrical power provided to fluorescent lamps. Many ballast’s manufactured prior to 1977 used Polychlorinated Biphenyl (PCB) containing oils as a cooling medium, rendering them a waste regulated under the Toxic Substance Control Act (TSCA) and 40 CFR 261.8.

Quality Assurance Evaluator (QAE): The Government employees responsible for checking Contractor performance.

Safety and Health Program for RCRA Operations: When Resource Conservation and Recovery Act (RCRA) operations are conducted at USACE facilities, the Contractor’s Safety and Health Program unique to that activity shall be in force. This program shall follow the format provided by

OSHA’s 29 CFR 1910.120(q) while the waste is in transportation and paragraph (p) would apply to the

Contractor’s permitted treatment or disposal facility. An outline of the requirements for this standard is provided as Exhibit 1. Contractors who have existing health and safety plans that meet or exceed the requirements of 29 CFR 1910.120(p) and (q) may use them to avoid duplication. However, site-specific aspects of each job must be addressed.

Sandblast Grit: Waste residue generated from the abrasive blasting paint removal process generally containing an abrasive media such as sand, removal product waste such as paint chips, and a possible encapsulant media (e.g. lead encapsulant to render the waste non-hazardous). Due to the past use of lead-based paints or other industrial paints, this waste stream may be a RCRA hazardous waste. Analytical testing is required to make this determination prior to any shipment offsite for disposal.

Shop Rags: Absorbent articles used in work areas for clean-up of paint, thinner, oil, or solvent or used for residue-removal, or small-scale cleanup. Contamination on these rags possibly renders them either hazardous wastes under RCRA due to flammability, or as listed wastes. Solvent-contaminated wipes may be eligible for exclusion under RCRA in accordance with 40 CFR 261.4(b)(18) if the RCRA authorized state allows it and they are not contaminated with trichloroethylene. Any free liquids in the storage container must be handled in accordance with

RCRA.

Solvents: Any degreasing agents, cleansers, scrubbing agents, or like products.

Solid Hazardous Waste: Solid waste (soil, debris, etc.) which may have either hazardous characteristics or toxic contaminant levels above the EPA hazardous waste definition (40 CFR 261.3) or above the State-Only (Oregon) waste definition (OAR 340-101-033). Hazardous waste solids require treatment and/or disposal at a fully lined RCRA-permitted Subtitle C landfill or RCRA permitted treatment or disposal facility in accordance with 40 CFR 268.

Solid Waste: Non-hazardous waste solids require disposal at an appropriate fully lined RCRA-permitted Subtitle D landfill. Free liquids may not be disposed of at a RCRA landfill.

Used Oil: Any oil that has been refined from crude oil, or any synthetic oil that has been used as a lubricant, coolant (non-contact heat transfer fluids), hydraulic fluid, or for similar uses and as a result of such use is contaminated by physical or chemical impurities. Used oil includes, but is not limited to, used motor oil, gear oil, greases, machine cutting and coolant oils, hydraulic fluids, brake fluids, electrical insulation oils, heat transfer oils and refrigeration oils. Used oil does not include oil mixed with hazardous waste, except as allowed in 40 CFR 279.10(b), oil (crude or synthetic) based products such as solvents, antifreeze, waste waters from which oil has been recovered, and oil contaminated media or debris.

Uniform Hazardous Waste Manifest: Mandatory shipping document used for hazardous waste shipments as described in the Appendix to 40 CFR 262.

Universal Waste: Any waste that is a “universal waste” listed in 40 CFR Part 273.1 and OAR 340-113- 010 and subject to “universal waste requirements” of 40 CFR Part 273 and either OAR 340 Division 113 or WAC 173-303-573 depending on where the waste was generated. Generally includes spent fluorescent lights, high intensity discharge lights, pesticides, mercury-containing thermostats, and batteries (Nickel Cadmium, Lead Acid, Zinc-Alkaline, and Lithium).

Waste Profile: Written record characterizing a waste stream that is required by EPA/DEQ for all hazardous wastes prior to shipment. Characterization is usually performed through analytical testing, SDS, or knowledge of process.

Waste Stream: Common waste generation process or history.

Zinc-Alkaline Batteries: Power sources collected either in drums or individually, containing the element zinc (Zn) and an alkaline liquid or paste. Generally these batteries are hazardous but recyclable. However, in accordance with 40 CFR Part 273, these batteries shall be treated as a universal waste. They may be shipped on a bill of lading or a manifest.

3.0 Government Will Furnish

The Government will furnish a forklift and a forklift operator to assist in the loading of materials for transportation to a treatment/disposal facility for containers larger than a 95 gallon salvage drum or at locations other than the accumulation building.

4.0 Contractor Shall Furnish

The Contractor shall furnish all labor, equipment and materials necessary to perform required services under this agreement and comply with all local, state, and federal regulations during the performance of services. The contractor is responsible for loading 95 gallon salvage drums and smaller containers from accumulation areas.

5.0 Performance Standards and Requirements

This “Standard” covers the requirements for characterization, transportation, treatment and disposal of non- hazardous and hazardous waste generated by USACE activities at civil works projects and USACE owned facilities located within the Portland District. It was developed by the District’s Environmental Compliance Coordinators (ECC’s) in cooperation with the District’s

Contracting Division. The purpose of the Standard established in this PWS is to ensure that environmentally responsible treatment and disposal of used oil and hazardous wastes occurs in strict accordance with all applicable Federal and State regulations.

5.1 Policy

Hazardous waste facilities are regulated by the U. S. Environmental Protection Agency, Oregon

Department of Environmental Quality, Washington Department of Ecology, California Department of Environmental Quality (Department of Toxic Substances Control), Colorado Department of Public Health and Environment and Idaho Department of Environmental Quality. USACE will have strict control over the “cradle to grave” process of waste disposal as required under Federal and State law. The Contractor shall use a permitted and regulated hazardous waste facility located in the Western Region of the United States in order to keep the transportation of District waste on public highways to a minimum. The states included in the West Region of the United States, as defined in the Department of Labor’s Wage Determination 1996-0223 for Hazardous Waste Pickup/Disposal Services, are Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

5.2 Contractor Requirements

Contractors operating under this Standard and shall meet or exceed the following requirements:

5.2.1 Facilities

The Contractor shall own or operate one or more of the following facilities:

1. A RCRA Part A/B permitted facility capable of the proper management, treatment and/or subsequent disposal of one or more liquid hazardous waste streams described in this contract. The Contractor facility must be in compliance with 40 CFR Part 270, the EPA administered hazardous waste permit program.

2. A used oil treatment and/or recycling facility capable of the proper management, treatment, and/or subsequent disposal of all non-hazardous used oils and oil-water mixtures as described in this Standard. The Contractor facility must be in full compliance with 40 CFR Part 279, the EPA administered used-oil management rules.

5.2.2 Waste Disposal

All hazardous and non-hazardous waste disposals will be at facilities capable of proper management, treatment and/or disposal as described in this Standard. The Contractor must be in full compliance with 40 CFR Part 300 (with emphasis to subpart 440), the EPA administered hazardous and non-hazardous management rules.

5.2.3 Waste Treatment

For all waste treatment, recycling or disposal facilities, the Contractor shall use only preapproved facilities. Identification of facilities that will be used occurs initially with proposal submission. Should a different facility be needed, that information must be submitted on the form provided in Exhibit 2 and approved prior to use.

5.2.4 Level of Training

The Contractor shall employ field service technicians trained in accordance with 29 CFR

1910.120, the HAZWOPER standard. In addition, a HAZWOPER trained supervisor shall be present on every job covered under this Standard.

5.2.5 Transportation Vehicles

The Contractor shall own and operate transportation vehicles with drivers trained and licensed in accordance with all applicable DOT regulations. Contractor shall be in compliance with 40 CFR 263 when transporting hazardous waste which requires also requires compliance with DOT regulations. Transport vehicles will include spill response kits, bill of lading and hazardous waste manifest records, current emergency response guide book, and communications systems. In addition, these vehicles shall be equipped with spill containment systems capable of holding no less than 10 percent of the maximum quantity of material in transit. The only exception to the secondary containment requirement shall be for tank trucks that are specifically designed for the transportation of hazardous materials.

5.2.6 Health and Safety Plans

The Contractor shall be familiar with and maintain the following plans in a professional and current state of readiness:

1. General Health and Safety Plan

2. Safety and Health Plan for RCRA Operations (29 CFR 1910.120(p) or 29 CFR

1910.120(q) as applicable.

3. Hazard Communication Plan (29 CFR 1910.1200)

4. Department of Transportation Security Plan when applicable (49 CFR 172.800)

Each of these plans shall be modified to include site-specific conditions found at each

USACE facility, and when necessary on each job. Complete and written coverage of every task performed under this contract is expected. Documentation of Contractor coverage of key safety and health plans is required as noted in paragraph 5.7.1, prior to starting work.

5.2.7 Emergency Spill Response

The Contractor shall maintain emergency spill response capability or have a contract in force with a spill response service that is available 24-hours a day. This service must be capable of immediate clean-up (response team on site within four hours of incident) of the worst possible spill situation arising from wastes included in this Standard.

1. This spill response service shall be in full compliance with 29 CFR 1910.120 (p), OSHA’s standard covering certain operations conducted under RCRA. All elements of this standard [sub-paragraphs (p)(1) through (p)(8)] must be addressed. At a minimum, the Contractor’s spill response team must include 2 HAZWOPER supervisors and 2 technicians currently trained and equipped at a personal protection level B as outlined under the 1910.120 standard. This service shall be used for all reportable quantity discharges of oil or releases of hazardous substances that occur during the execution of this contract. Documentation of Contractor emergency response coverage is required as noted in paragraph 5.7.1, prior to starting work.

2. The Contractor shall provide or subcontract for the emergency response information provider services which include an emergency response phone number. The emergency response phone number and information provider must be operational

24-hours a day while the DOT hazardous material is in transportation in accordance with 49 CFR 172.604.

5.2.8 Insurance

The Contractor shall maintain no less than $2,000,000 of business automobile liabilityinsurance for bodily injury and property damage with respect to Contractor’s vehicles used in the performance of this work. The Contractor shall also maintain no less than $2,000,000 in commercial general liability. This coverage shall include (1) bodily injury and property damage liability, (2) contractual liability, (3) products and completed operations to extend for a minimum of 2 years past the acceptance or termination of the work to protect against and from all loss by reason of injury to persons or damage to property, including

Contractor’s own workers. Contractor shall also maintain no less than $2,000,000 in pollution liability insurance to cover sudden and/or accidental discharges of oil or releases of hazardous substances (which include the waste materials covered under this contract.).

5.2.9 Regulatory Compliance

The Contractor shall have no unresolved Notices of Noncompliance, Notices of Violation or

Enforcement Actions from any Local, State, or Federal Regulatory Agency during the performance of this contract. Regulatory actions occurring during performance at any of the

Contractor’s operations or approved facilities shall trigger a regulatory review. Failure to provide full disclosure of regulatory actions during execution of the contract may result in termination of the contract. The designated USACE Contracting Officer, after consulting with the District Environmental Compliance Coordinator and Office of Counsel, shall determine Contractor responsiveness to any and all regulatory or enforcement actions.

5.2.10 Environmental Manager

The Contractor shall have, at a minimum, an environmental manager, with a professional degree and an appropriate state license in environmental science, engineering, or a closely related discipline, responsible for all field operations covered under this contract. This individual shall have no less than two (2) years of full-time waste management experience;

have completed formal coursework in RCRA Manifesting, Hazardous Waste Operations, DOT Hazardous Material Worker Training, and Hazard Communication.

5.2.11 Contractor Manpower Reporting (CMR): The Office of the Assistant Secretary of the

Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1)

Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative

(COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-

Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-

Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal

Service Code (FSC) reflecting services provided by Contractor (and separate predominant

FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10)

Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring

Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-

Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

5.3 Federal and State Agencies and Regulations

The latest sections, additions, and addenda of the following Government regulations, codes, standards and recommended practices form a part of this Standard. Nothing in this Standard is to be construed as permitting work not conforming to these requirements.

California Department of Toxics Substances Control (California Code of Federal Regulations)

Colorado Department of Public Health and Environment (Department Regulations)

Department of Transportation (DOT) - Hazardous Materials Transportation Act (HMTA) Regulations for transportation of hazardous materials (49 CFR Parts 100-185)

Federal Motor Carrier Safety Administration, Department of Transportation,- Federal Motor Carrier Safety Regulations (49 CFR 350-399)

Occupational Safety and Health Administration (OSHA) - Occupational Safety and Health Act, 29 CFR Parts 1910, 1915, and 1926

Oregon Department of Environmental Quality (OR-DEQ) - Oregon Administrative Rules (OAR) 340 div.

Oregon Occupational Safety and Health Administration (OR-OSHA)

US-Environmental Protection Agency (USEPA) - Resource Conservation and Recovery Act (RCRA) 40 CFR Part 260 through 299

Pollution Prevention Act of 1990, Section 6602

Executive Order 12856- Emergency Planning and Community Right to Know Act (EPCRA)

Toxics Substance Control Act (TSCA), 40 CFR 761 and 40 CFR 763

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Solid Waste Disposal Act (SWDA) of 1965; and Federal Insecticide, Fungicide, and Rodenticide

Act (FIFRA)

U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM) 385-1-1 (2014) and Environmental Compliance Policy, ER 200-2-3 (2010)

Washington Department of Environmental Quality (WA-DOE) - Washington Administrative Code

(WAC)

Washington Industrial Safety and Health Administration (WISHA)

5.4 Contractor Responsibility

The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this solicitation and to comply therewith. The Contractor shall meet all of the applicable federal, state, and local regulations as well as all provisions outlined in this contract.

The Contractor shall assume responsibility of all hazardous waste streams once loaded onto the Contractor's transport vehicle. The Contractor shall not limit his liabilities related to the wastes, and shall indemnify, defend, and hold harmless from and against any liability, expense, or loss resulting from the failure of the Contractor, its agents, or sub-contractors to comply fully with Government directive which directly or indirectly regulates or effects the collection, handling, storage or disposal of waste products to be disposed of by the Contractor, under the terms of this agreement and from and against all claims, suits, and liabilities, directly or indirectly based upon damage to, or destruction of any property, including property of the Contractor, or bodily injury, including death to any person arising out of or due to negligent or willful act of the Contractor, its agents or sub-contractors in the collection, handling, storage, transportation, or disposal of the materials to be disposed of by the Contractor hereunder.

The Contractor shall familiarize himself with site conditions that may affect the work. Failure to do so shall not lessen the Contractor's responsibility or entitle him to additional compensation. All site visits shall be coordinated with the Project POC identified in section 9.2, Points of Contact. During all site visits, at least two HAZWOPER trained Contractor personnel shall be present. This includes mobilization, site activities, transportation, and demobilization.

5.5 Authorized Laboratories

Unless otherwise noted, the Contractor shall use National Environmental Laboratory Accreditation

Conference (NELAC) or American Association for Laboratory Accreditation (A2LA) certified laboratories for all of the tests specified in this contract. Alternate labs shall not be used without prior authorization from the USACE Portland District Contracting Officer via a contract modification signed by the Contracting Officer.

5.6 Services

Contractor shall provide all labor, equipment and materials needed to perform the services required of this contract while conforming to all federal and state laws and regulations. This agreement covers six (6) categories of services comprised of multiple items for costing and waste tracking purposes. Orders will be placed for items and costs computed for each item which will be added together for a total single Task Order amount. A list of the waste service and supply items covered under this contract are shown in Exhibit 4. Where needed, the designation of “hazardous” or “non-hazardous” is provided for waste materials.

5.6.1 Transportation for Chemical Characterization Samples

Upon receipt of a Task Order, the Contractor shall schedule time with the Project POC to travel to the site and collect samples of waste streams for collection. Contractor shall then transport the samples to one of the authorized laboratories noted in section 5.5 for chemical characterization and profiling that will determine what the waste stream is and if the waste is classified as hazardous or non-hazardous.

5.6.2 Waste Characterization Laboratory and Profiling Services Using the authorized laboratories noted in section 5.5, the Contractor shall perform standard EPA SW-846 analyses as provided in Exhibit 3, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, for each waste stream sample collected.

Laboratory results must be received and profiles generated by the Contractor and delivered to the Project POC within 15 calendar days of sampling.

By performing the referenced tests on each waste stream, proper waste characterization, transportation, and disposal can proceed. There are three unique exceptions to the analytical requirements for characterization testing required in this section. These are as follows:

A. Un-used materials in their original and labeled container with an SDS or MSDS.

These items may be offered to the Contractor without additional analysis. Items missing any of the above shall be tested and profiled in accordance with this

Standard.

B. Used oil removed from a closed system and transferred to a clean container specifically labeled and reserved for that material. For this waste stream an initial set of sample data in accordance with the tests specified for used oil shall be obtained. If any potential exists for the contamination of a used oil source it shall be sampled in accordance with this Standard. A permanent record of this data shall be kept on file. A full set of analytical tests shall be performed no less than annually for quality control, or as deemed appropriate by the Project POC.

C. Paint or solvent wastes that originate from a single operator and that have previously been tested and profiled as a hazardous waste. A permanent record of this data shall be kept on file. A full set of analytical tests shall be performed no less than annually for quality control. Paint or solvent wastes that are intended for recycling or re-use as a non-hazardous waste must be tested in accordance with the tests specified for paint wastes/solvents without exception.

The Project POC shall have the responsibility and authority to determine if any of the three exemptions are applicable. Under no circumstances shall any disposal take place without proper characterization.

5.6.3 Transportation for Treatment and Disposal

A minimum of two (2) HAZWOPER trained Contractor personnel (one of which shall be

Supervisor trained) experienced, per requirements in 29 CFR 1910.120, in the handling and transportation of hazardous wastes shall accomplish all work. The Project POC shall provide a forklift and forklift operator to assist in the loading process for containers larger than 95 gallon salvage drums or at locations other than the accumulation area. The Contractor shall ensure that shipping containers are tightly sealed, correctly labeled, and

DOT approved. In the event that a container is found to be improperly labeled, the Contractor will re-label the container and inform the Project POC. If a container is in a state that does not meet DOT standards for transportation, the Contractor shall identify the container and notify the Project POC. The Contractor shall either replace the defective container or enclose it in a salvage drum prior to proceeding with transportation.

The transport vehicle shall meet the requirements defined in paragraph 5.2.5 in the

Contractor Requirements section. The drivers shall be trained in regulations governing transportation of hazardous materials, spill response, and Hazardous Materials Transportation Security. Drivers of hazardous material shipments shall have the appropriate commercial driver’s license, hazardous material endorsement (when applicable), and current DOT medical examiner’s certificate. The transport vehicles must have a valid vehicle inspection in accordance with 49 CFR 396. Storage of waste materials prior to disposal shall be in an EPA permitted facility.

5.6.4 Drum Replacement and/or Over-packing

Drums and containers are typed by material, size, approval rating and purpose. As need arises, replacements or orders for new containers shall be included in a Task Order.

5.6.5 Waste Treatment and Disposal

The Contractor shall manage items in defined in section 2.0 as follows:

USACE waste streams shall be (in order of priority):

(1) Recycled,

(2) Re-used,

(3) Offered for Energy Recovery,

(4) Treated, and

(5) Landfilled

Under no circumstances shall any liquid waste be placed in a landfill without prior treatment. Land Disposal Restriction Forms shall be prepared by the Contractor and furnished to the Project POC to accompany the Uniform Hazardous Waste Manifest on all applicable waste streams. The Contractor shall be fully responsible for ensuring that all USACE waste shipments safely reach their intended destination for treatment or disposal in accordance with applicable State and Federal laws and regulations.

5.6.6 Annual Waste Management Reports

The Contractor shall submit an Annual Waste Management Report to the Project POC on or before February 1st for the previous calendar year. At a minimum this report shall include;

(1) a volume summary of waste streams by individual manifest; and (2) for each item identified in (1), the Oregon Department of Environmental Quality (DEQ) “Management System Code.” This information is used by Project POC’s to prepare end of year reports as required by the DEQ.

5.7 Deliverables

The Contractor shall deliver the following documents and reports:

5.7.1 Prior to Beginning Work

The Contractor shall furnish to the Government the following plans, listed in the Contractor

Requirements section C.5.2(F.) above, no more than 10 calendar days after base contract award:

A. General Health and Safety Plan B. Safety and Health Program for RCRA Operations

C. Hazard Communication Plan

D. Department of Transportation Security Plan

Plans that fail to meet the specified standards shall be unacceptable. Any work delays or mobilization/demobilization costs accrued as the result of unacceptable plan preparation shall become the responsibility of the Contractor.

5.7.2 During Execution of Work

The Contractor shall furnish the following documents to the Project POC within 15 calendar days of sampling:

A. Copies of the generator’s Waste Stream Profiles and associated laboratory analyses (Chemical Characterization).

B. Copies of the Bills of Lading or Uniform Hazardous Waste Manifests, listing items prepared for shipment along with all other applicable regulatory forms.

5.7.3 Following Execution of Work

The Contractor shall furnish to the project the following documents within 30 days after the waste has been transported off the project site:

A. Original copies of the Bills of Lading, Uniform Hazardous Waste Manifests, or Waste

Shipment Records showing that the waste material has been accepted at the disposal facility. No other documents shall be considered acceptable for disposal action under this Standard.

B. Certificates of treatment, recycling or disposal, documenting final waste disposal as issued by the receiving facility.

C. Site-specific recommendations on methods or procedures that will improve existing waste stream management or minimize waste. These recommendations shall be transmitted directly to the Project POC through the most direct and informal means possible.

5.7.4 Annual Waste Management Reports

The Contractor shall submit an Annual Waste Management Report to the Project POC on or before February 1st for the previous calendar year. At a minimum this report shall include;

(1) a volume summary of waste streams by individual manifest; and (2) for each item identified in (1), the Oregon Department of Environmental Quality (DEQ) “Management

System Code.” This information is used by Project POC’s to prepare end of year reports as required by the DEQ.

5.8 Recordkeeping

The Contractor shall prepare and provide a Bill of Lading, a Waste Shipment Record and/or a

Uniform Hazardous Waste Manifest for all operations related to this contract from time of loading to disposal. The Contractor is responsible for all costs associated with EPA’s e-manifest system. The

Contractor shall also maintain a record that includes the time, place, and method of loading, transport, storage, treatment and disposal and shall include Project POC and/or COR names and telephone numbers. A certificate of recycling, treatment, re-use or destruction shall be provided for all waste materials. The Contractor shall sign the certificate. The Contractor shall furnish copies of all referenced documents to the Project POC. Project POCs shall register with EPA’s e-manifest system to facilitate the receipt of completed manifests.

5.9 Spill Response

Any waste material spilled in the execution of this contract up to the ultimate treatment point shall be cleaned up immediately by the Contractor at his expense and in a manner conforming to applicable regulations. The Contractor shall immediately report any spill of a reportable quantity to the National Response Center. A reportable quantity spill released to the environment constitutes a spill emergency. If a spill occurs, priority shall be given to human health and safety; environmental protection; and protection of property in that order. Once a spill is contained, the Contractor shall completely clean the spill area using properly equipped and trained personnel. If the spill occurs on USACE property, the Contractor’s response shall follow the Project’s Spill Response Plan. The Contractor shall fall under the direct authority and control of the Project POC for the duration of the spill emergency. If the spill occurs on a public roadway the Contractor shall fall under the authority of the EPA, USCG or State regulatory authority and will follow the designated On Scene Coordinator’s instructions, without exception.

The Contractor shall notify the Project POC as soon as possible following ANY discharge of oil or hazardous substance releases. If a spill occurs after-hours the Contractor shall contact the nearest 24-hour phone number (Control Room) identified in section 9.2, Points of Contact. Each control room operator has a current list of off-duty telephone numbers of key personnel that can be contacted during an emergency.

5.10 Changes

In the event the disposal facility finds materials other than those represented on the container label, MSDS/SDS sheets, or laboratory results, the Contractor shall suspend disposal actions and contact the Project POC. The Project POC shall in-turn contact the designated USACE COR. This individual shall coordinate with the KO, who has the singular authority to modify the contract to achieve the proper disposal method. The Government will not reimburse any changes in the disposal method without Project POC coordination and Contracting Officer authorization.

5.11 Execution Timetable

The following timetable summarizes key performance times used in the execution of this contract.

Timeframes provided should be considered not-to-exceed limits. Performance times are expressed as calendar days.

* Transportation for Sampling: Ten (10) days following notification to proceed.

* Waste Characterization Laboratory and Profiling: Fifteen (15) days following sampling.

* Transportation for Treatment and Disposal: Ten (10) days after the Project POC approves Contractor’s Waste Stream Profiles.

* Drum Replacement and/or Over-packing: As needed on materials transported to treatment facility.

* Waste Treatment and Disposal: Thirty (30) days after waste is transported to treatment facility.

* Shipping Documents: At time of transportation and no more than ten (10) days following disposal.

* Certificates of Recycling or Disposal: Ten (10) days following treatment and/or disposal.

A typical waste stream disposal would therefore be performed in the following sequence:

Day 1: USACE KO notifies Contractor to proceed…