Catch Basin Services - Fort Devens_MA - PWS.pdf

DEVENS RESERVE FORCES TRAINING

AREA

DEVENS, MA 01434

PERFORMANCE WORK STATEMENT

FOR

CATCH BASIN SERVICE

NEW CONTRACT

8 June 2023

SECTION 1

1.0 General Information.

1.1 Overview. The Contractor shall pump out, inspect, service, and maintain catch basins at

USAG Devens Reserve Forces Training Area (DRFTA). The work shall include the services described below. Additional clarification/direction may be provided by the Contracting Officer’s

Representative (COR) or Alternate Contracting Officer’s Representative (ACOR). The

Contractor shall provide all labor, equipment, materials, management, coordination, and supervision necessary to conduct the work specified herein.

1.2 Management and Supervision. The Government and the Contractor understand and agree that the services to be delivered are non-personal services, and both parties recognize and agree that no employer-employee relationships exist between the Government and the Contractor and/or between the Government and the Contractor’s employees. Contactor personnel performing under this contract shall not be placed in a position where they are employed by a Federal Officer or are under the supervision, direction, or evaluation of a Federal Officer, military or civilian. The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances will the Government assign tasks to, or prepare work schedules for, contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against actions that are of the nature of personal services or give the perception of personal services. If particular actions constitute or are perceived by the contractor to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (KO) immediately.

1.3 System Overview. This Performance Work Statement (PWS) includes services on three distinct wastewater and stormwater systems:

a. The third system consists of 240 catch basins located on the Main Cantonment of USAG Fort Devens and 46 catch basins located at the 3400 Area of USAG Fort Devens both of which are connected to stormwater discharge lines.

2.0 Description of Services.

2.1 Scope. The Contractor shall pump out, inspect, service, and maintain catch basins at DRFTA. All catch basin materials pumped out will be disposed of offsite in accordance with (IAW) all applicable federal, state, and local laws and regulations. All work shall be performed by qualified and appropriately licensed personnel IAW all applicable laws and regulations.

2.2 Catch Basin Cleaning. The contractor shall vacuum out 240 catch basins located at the Main Cantonment of DRFTA (TE-1, TE-2) and 46 catch basins located at the 3400 Area of DRFTA (TE-1, TE-3) twice annually. The contractor shall conduct one catch basin cleaning in the Spring months of April or May and one in the fall months of October or November. The contractor shall dispose of all vacuumed materials offsite IAW all applicable federal, state, and local laws and regulations.

2.3 Contractor Manpower Data Reporting. The Contractor shall report manpower information (including subcontractor manpower information) required for performance of this contract. The contractor shall submit all the information required in the format specified at the following web address: https://sam.gov. The required data is reported for each federal fiscal year (1 October to 30 September) and must be reported by 15 October of each calendar year. If the period of performance of the contract crosses fiscal years, one entry shall be made for each fiscal year.

2.4 Other Special Services. A contingency amount of funds has been included in the contract for unscheduled services. The COR will provide the Contractor with a scope of work for any unscheduled services required, and the Contractor shall furnish a written cost estimate to include material and labor costs to the COR for approval. Any work required under this section of the contract that does not exceed the micro-purchase threshold as defined in the Federal Acquisition Regulation, can be approved by the COR. If the estimated cost of the unscheduled services exceeds the micro-purchase threshold, the requirement shall be referred to the KO for approval. Special services that may be requested by the COR include maintenance and repair of catch basins.

3.0 Requirements.

3.1 Equipment Requirements.

3.1.1 All tanker trucks and vacuum trucks must meet all Massachusetts Department of Transportation (MassDOT) regulations and must be in good working order. All contractor personnel driving a tanker or vacuum truck must have the appropriate class of Commercial Driver’s License (CDL) to operate that truck. All suction hoses, pressure hoses, and pumps must be maintained in a condition to prevent the leakage of waste materials. Tankers must be securely mounted on trucks. They must be watertight, equipped with necessary odor controls, provided with a leak proof cover, and have tight discharge valves. Mobile tanks shall be provided with a vent constructed in a manner that will permit the escape of gas, but not the liquid contents of the tank.

3.1.2 The Contractor shall not use any equipment with an active hazardous material leak. If a leak or spill occurs, follow the requirements in Part II, Environmental Requirements.

SECTION 2

ENVIRONMENTAL PROTECTION (FORT DEVENS)

PART 1 ENVIRONMENTAL REQUIREMENTS

1.1 REFERENCES (NOT USED)

1.2 DEFINITIONS

Contractor Generated Hazardous Waste - Contractor generated hazardous waste means 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 construction.

Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

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 and/or historically.

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.

Hazardous Materials - As defined by the Environmental Protection Agency (EPA) or

State Hazardous Control Authority. Hazardous material is any material that is regulated as a hazardous material by the EPA or requires a Material Safety Data Sheet (MSDS), or during end use, treatment, handling, packaging, storage, transpiration, or disposal meets or has components that meet or have potential to meet the definition of a hazardous waste. Such materials include 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). Nonetheless, the exposure may occur incident to manufacture, storage, use and demilitarization of these items.

Hazardous Waste - Any discarded material, liquid, solid, or gas, which meets the definition of hazardous material or is designated hazardous waste by the Environmental

Protection Agency or State Hazardous Control Authority.

Land Application for Discharge Water - The term "Land Application" for discharge water implies that the Contractor must discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "Waters of the United

States" must occur. Land Application must be in compliance with all applicable Federal, State, and local laws and regulations.

Oily Waste - Those materials which are, or were, mixed with used oil and have become separated from that used oil. 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, used oil and may be appropriately tested and discarded in a manner which is in compliance with

Federal, State and local requirements.

Pesticide - Pesticide is defined as 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.

Solid Waste - Garbage, refuse, debris, sludge, or other discharged material, including solid, liquid, semisolid, or contained gaseous materials resulting from domestic, industrial, commercial, mining, or agricultural operations.

Surface Discharge - The term implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, c reeks, and/or "Waters of the United States" and would require a permit to discharge water from the governing agency.

Waste Hazardous Material (WHM) - Any waste material which because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a substantial hazard to human health or the environment and which has been so designated. Used oil not containing any hazardous waste, as defined above, falls under this definition.

Waters of the United States - All waters which are under the jurisdiction of the Clean

Water Act, as defined in 33 CFR 328.

Wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetlands generally include swamps, marshes, and bogs.

1.3 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, and permits. After receipt of such notice, the Contractor will inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting

Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted, or equitable adjustments allowed for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the

Federal Acquisition Regulation or Federal Law.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PROTECTION OF NATURAL RESOURCES

3.1.1 Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. If the work is near streams, lakes, or other waterways, conform to the national permitting requirements of the Clean Water Act.

3.1.2 Do not disturb fish and wildlife. Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as indicated or specified.

3.1.3 Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Contracting Officer's permission. Do not fasten or attach ropes, cables, or guides to existing nearby trees for anchorages unless authorized by the

Contracting Officer. Where such use of attached ropes, cables, or guides is authorized, the Contractor will be responsible for any resultant damage.

3.1.4 Protect existing trees which are to remain, and which may be injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. Remove trees and other landscape features scarred or damaged by equipment operations, and replace with equivalent, undamaged trees and landscape features. Obtain Contracting Officer's approval before replacement.

3.1.5 The Contracting Officer's approval is required before any equipment will be permitted to ford live streams. In areas where frequent crossings are required, install temporary culverts or bridges. Obtain Contracting Officer's approval prior to installation.

Remove temporary culverts or bridges upon completion of work and repair the area to its original condition unless otherwise required by the Contracting Officer.

3.2 WORK AREA LIMITS

Mark the areas that need not be disturbed under this Contract prior to commencing construction activities. Mark or fence isolated areas within the general work area which are not to be disturbed. Protect monuments and markers before construction operations commence. Where construction operations are to be conducted during darkness, any markers must be visible in the dark. The Contractor's personnel must be knowledgeable of the purpose for marking and/or protecting particular objects.

3.3 LANDSCAPE

Trees, shrubs, vines, grasses, landforms, and other landscape features to be preserved as indicated and or defined in the Contract must be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. Restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area.

3.4 EROSION AND SEDIMENT CONTROLS

3.4.1. If required by the Contract, the Contractor shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations.

3.4.2 The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of construction activities.

3.4.3 The area of bare soil exposed at any one time by construction operations should be kept to a minimum. Construct or install temporary and permanent erosion and sediment control best management practices (BMPs) as may be indicated in the

Contract.

3.4.4 Erosion and sediment controls must be provided for on-site borrow and spoil areas to prevent sediment from entering any nearby waters.

3.4.5 Temporary excavation and embankments for work areas must be controlled to protect adjacent areas.

3.4.6 Remove all temporary measures after the area has been fully stabilized.

3.5 WATER RESOURCES

Monitor all water areas affected by construction activities to prevent pollution of surface and ground waters. Do not apply toxic or hazardous chemicals to soil or vegetation unless otherwise indicated. For construction activities immediately adjacent to impaired surface waters, the Contractor must be capable of quantifying sediment or pollutant loading to that surface water when required by Federal or State issued Clean Water Act permits.

3.6 WETLANDS

Do not enter, disturb, destroy, or allow discharge of contaminants into any wetlands.

The protection of wetlands is the Contractor's responsibility. Authorization to enter specific wetlands identified will not relieve the Contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries.

3.7 AIR RESOURCES

Equipment operation, activities, or processes will be in accordance with all Federal and

State air emission and performance laws and standards.

3.8 DUST CONTROL

3.8.1 Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations.

3.8.2 Dry power brooming will not be permitted. Instead, use vacuuming, wet mopping, wet sweeping, or wet power brooming.

3.8.3 Air blowing will be permitted only for cleaning nonparticulate debris such as steel reinforcing bars.

3.8.4 Only wet cutting will be permitted for cutting concrete blocks, concrete, and bituminous concrete. Do not unnecessarily shake bags of cement, concrete mortar, or plaster.

3.9 BURNING

Burning is prohibited and will not be allowed on government property.

3.10 SOLID WASTES

3.10.1 Place solid wastes (excluding clearing debris) in containers which are emptied on a regular schedule. Handling, storage, and disposal must be conducted to prevent contamination. Employ segregation measures so that no hazardous or toxic waste will become co-mingled with solid waste.

3.10.2 Transport solid waste off Government property and dispose of it in compliance with Federal, State, and local requirements for solid waste disposal.

3.10.3 Verify that the selected transporters and disposal facilities have the necessary permits and licenses to operate.

3.11 CHEMICALS AND CHEMICAL WASTES

Dispense chemicals ensuring no spillage to the ground or water. Perform and document periodic inspections of dispensing areas to identify leakage and initiate corrective action. This documentation will be periodically reviewed by the Government. Collect chemical waste in corrosion resistant, compatible containers. Collection drums must be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes will be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations.

3.12 WASTEWATER

A. Wastewater from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean-up, water used in concrete trucks, forms, etc. will not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. Dispose of the construction related wastewater off-

Government property in accordance with all Federal, State, Regional and Local laws and regulations.

B. Water generated from the flushing of lines after disinfection or disinfection, and hydrostatic testing will be land applied in accordance with all Federal, State, and local laws and regulations for land application.

3.13 FUEL AND LUBRICANTS

A. Storage, fueling and lubrication of equipment and motor vehicles must be conducted in a manner that affords the maximum protection against spill and evaporation. Manage and store fuel, lubricants and oil in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded must be stored in marked corrosion-resistant containers and recycled or disposed in accordance all Federal, State, and local laws and regulations.

B. Contractor shall coordinate the disposition of hazardous waste with Fort Devens

Environmental Coordinator and the Contracting Officer.

C. Storage of fuel on the project site is not allowed. Fuel must be brought to the project site each day that work is performed.

3.14 BIOLOGICAL RESOURCES

A. Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat.

B. The protection of threatened and endangered animal and plant species, including their habitat, is the Contractor's responsibility in accordance with Federal, State, Regional, and local laws and regulations.

3.15 PREVIOUSLY USED EQUIPMENT

A. Clean all previously used construction equipment prior to bringing it onto the project site. Ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds.

B. Consult with the USDA jurisdictional office for additional cleaning requirements.

3.16 HAZARDOUS WASTE AND HAZARDOUS MATERIALS MINIMIZATION

A. The Contractor shall minimize the use of hazardous materials and the generation of hazardous waste.

B. Where applicable, the Contractor shall substitute non-hazardous materials for hazardous materials, unless specifically required elsewhere in this Contract.

C. In the absence of regulations, users will apply the best available technology or management in the use, handling, and disposal of hazardous wastes and materials.

3.17 HAZARDOUS WASTE AND HAZARDOUS MATERIALS

A. No hazardous material or hazardous waste shall be disposed of on government property. The government is not responsible for disposal of Contractor's waste material brought on the job site and not required in the performance of this Contract.

B. No hazardous material shall be brought onto government property that does not directly relate to requirements for the performance of this Contract.

C. The intent of this provision is to dispose of that waste identified as hazardous material and hazardous waste as defined herein that was generated as part of this

Contract and existed within the boundary of the Contract limits and not brought in from offsite by the Contractor.

D. Incidental materials used to support the Contract including, but not limited to aerosol cans, waste paint, cleaning solvents, contaminated brushes, rags, clothing, etc.

are the responsibility of the Contractor.

E. The Contractor is not authorized to discharge any materials to sanitary sewer, storm drain, or to the river or conduct waste treatment or disposal on government property without written approval of the Contracting Officer.

F. The Contractor shall submit 5 copies of Material Safety Data Sheet (MSDS) for all hazardous materials which may be required for use in this Contract.

3.18 CONTRACTOR GENERATED HAZARDOUS WASTES AND HAZARDOUS

MATERIALS

A. Take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. Segregate hazardous waste from other materials and wastes; protect it from the weather by placing it in a safe covered location and take precautionary measures such as berming or other appropriate measures against accidental spillage.

B. Storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance Federal, State, and local laws and regulations is the Contractor's responsibility.

C. Transport Contractor generated hazardous waste off Government property within

60 days in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations.

D. Dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials must be immediately reported to the Contracting Officer and Fort Devens Environmental Coordinator.

E. Cleanup and cleanup costs due to spills are the Contractor's responsibility.

F. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility.

3.19 MAINTENANCE OF POLLUTION FACILITIES

Maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant.

3.20 CONSTRUCTION CLEANUP

A. The Contractor will clean up all areas used for construction in accordance with

Contract Clause: "Cleaning Up."

B. Unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work.

C. The disturbed area must be graded, filled and the entire area seeded unless otherwise indicated.

3.21 RELEASES/SPILLS OF OIL AND HAZARDOUS SUBSTANCES

A. Exercise due diligence to prevent, contain, and respond to spills of hazardous material, hazardous substances, hazardous waste, sewage, regulated gas, petroleum, lubrication oil, hydraulic hoses and equipment, and other substances regulated by environmental law at Fort Devens or sites operated by Devens rfta.

B. The Contractor shall maintain, at all times, spill cleanup equipment and materials at the work site.

C. In the event of a spill, take prompt, effective action to stop, contain, curtail, or otherwise limit the amount, duration, and severity of the spill/release.

D. In the event of any releases of oil and hazardous substances, chemicals, or gases during normal working hours, the Contractor shall immediately (within 15 minutes) notify the Devens RFTA DPW Environmental Division, Zygmunt Osiecki at

978-978-6104, and the Contracting Officer. Releases outside of normal working hours shall be reported directly to the Department of Defense (DoD) Police at 978-796-3333.

E. If the Contractor's response is inadequate, Devens RFTA may respond. If this should occur, the Contractor will be required to reimburse the government for spill response assistance and analysis.

F. The Contractor is responsible for verbal and written notifications to the

Massachusetts Department of Environmental Protection (MA DEP) and the

Environmental Protection Agency as required by Devens RFTA and Federal, State, local regulations. The Contractor shall provide copies of the written notification and documentation that a verbal notification was made within 20 days from the date the spill occurred.

G. The Contractor shall contain and clean up these spills without cost to the government. If government assistance is requested or required, the Contractor will reimburse the government for such assistance. The Contractor shall reimburse the government for all costs incurred including sample analysis materials, equipment, and clothing generated during any spill cleanup.

H. In the event that any Federal, State, or local agency contacts the Contractor directly for any reason relating to compliance requirements arising out of performance of this Contract, the Contractor shall immediately notify and inform the DPW

Environmental Coordinator and the Contracting Officer no later than the close of business on the day the contact was made. If such communication is after normal business hours, notification will be made immediately on the next business day. The

Contractor shall provide the name, telephone number of the agency, name of the person making contact and the substance of any verbal or written communication from such agency. All coordination with regulatory agencies to discuss environmental law requirements will first be made through the Director of Public Works.

4.0 Technical Exhibits.

TE 1 – Catch Basin Table – Main Cantonment and 3400 Area

TE 1 - Table of Catch Basin Table

Location Associated Building No.

Total Number of Catch Basins

Main Cantonment Numerous - See TE

3400 Area Numerous - See TE

TE 2 - Table of Catch Basin Main Cantonment Location Maps

TE 3 - Table of Catch Basin 3400 Area Location Maps