ESOH Clause SOW.pdf

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Asphalt Seal Coat Repairs Federal contract opportunity
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W50S8U-22-B-0001
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Department of the Army National Guard

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SECTION– EMS ENVIRONMENTAL PROTECTION

PART 1 – GENERAL

1. SCOPE OF WORK

1.1. The work covered by this section concerns the furnishing all labor, materials, and equipment required for the prevention of environmental degradation during, and as a result of, construction operations under this contract.

1.2. For the purpose of this specification, environmental pollution is defined as “the presence of chemical, physical, or biological elements or agents, not naturally occurring at the site, which adversely affect human health or welfare; unfavorable alter ecological balances important to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic and recreational purposes.”

1.3. The control of environmental pollution by this Project Contractor requires consideration of air, water, and land and involves noise control, solid waste management and management of radiant energy and radioactive materials, as well as other pollutants.

1.4. This section also requires the protection of cultural and historic resources.

1.5. The provisions listed herein are incorporated by reference to all construction projects and are in addition to the general environmental, safety, and occupational health clauses of the Federal Acquisition Regulations (FAR). References to “EM” identify the Wing’s Environmental Manager.

1.6. Contact the Contracting Officer’s Representative, concerning the content of these requirements.

2. Base Environmental Commitment Statement Visa Vie Contractor Responsibilities

2.1. Environmental Policy Statement and Environmental Management System (EMS)

2.1.1. The Wing commander’s environmental policy applies to everyone working at the 138th Fighter Wing including designers and contractors.

2.1.2. The Wing’s Environmental Management System is a continuous process designed to identify, prioritize, manage, and check progress towards meeting the Wing’s organizational and environmental goals, minimizing environmental risk, and identifying areas for continual improvement.

2.1.3. The environmental policy statement and EMS will be briefed at all pre-construction meetings.

2.1.4. A copy of the 138th FW’s Environmental Policy Statement will be provided by contracting officer.

3. Contractor’s General Environmental Compliance Obligation

3.1. Contractor and any subcontractor, agent or representative shall comply with all applicable Federal, State, and local laws and regulations providing for environmental protection and pollution control and abatement including but not limited to the following:

3.1.1. Clean Air Act (CAA);

3.1.2. Clean Water Act (CWA);

3.1.3. Resource Conservation and Recovery Act (RCRA);

3.1.4. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA);

3.1.5. Toxic Substances Control Act (TSCA);

3.1.6. Federal Insecticide Fungicide and Rodenticide Act (FIFRA);

3.1.7. Coastal Zone Management Act (CZMA);

3.1.8. Endangered Species Act (ESA);

3.1.9. National Historic Preservation Act (NHPA);

3.1.10. Safe Drinking Water Act (SDWA);

3.1.11. National Pollutant Discharge Elimination System (NPDES)

3.1.12. Emergency Planning and Community Right-to-Know Act (EPCRA);

3.1.13. Oil Pollution Act (OPA) and;

3.1.14. Pollution Prevention Act (PPA).

3.2. Contractor is responsible for determining where such laws and regulations apply, although Contractor may request assistance from the CRO in delineating applicable environmental laws and regulations.

Contractor has an independent responsibility to make its own determination and to do so in a timely fashion.

3.3. Hazardous Material Spills: Spills shall be immediately contained, if possible, and reported to the COR.

The COR will advise Base Civil Engineer (BCE) and Environmental Manager (CEV) for Tulsa IAP (hereafter referred to as the “Base” or Tulsa IAP) and the Contracting Officer. Spills shall be conducted according to the Base Spill Response RED PLAN (Provided at the Pre-Construction Conference).

3.4. Contractor shall not discharge anything into the Base’s sanitary sewer or storm water systems without coordination and approval from COR who will coordinate with the Base Civil Engineer and Base Environmental Manager.

3.5. The Base Civil Engineer and Base Environmental Manager may conduct inspections without notice at on-base work sites to ensure environmental compliance. Any items of non-compliance will be reported to the Contracting Officer for action.

4. CONTACTS WITH ENVIRONMENTAL REGULATORY OFFICIALS

4.1. Contractor shall, through the Contracting Officer, immediately advise the installation environmental management function of the content of all contact with federal, state or local environmental regulators, before during and after the performance of this contract concerning the performance of this contract.

5. CONTRACTOR’S LIABILITY FOR ENVIRONMENTAL DAMAGES

5.1. Contractor agrees to hold harmless and indemnify the Air Force for any and all damages of any kind resulting from environmental violations by Contractor, Contractor’s employees, or agents or subcontractors.

5.1.1. Damages include, but are not limited to, personal injury, property damage (including diminution of value), or death, environmental restoration and response costs, natural resource damages, expert witness and attorney’s fees.

5.1.2. Reimbursement of any and all expenses incurred to obtain permits as a result of Contractor’s failure to identify or obtain permits shall be borne by the Contractor.

5.2. FINES OR PENALTIES FOR ENVIRONMENTAL NON-COMPLIANCE

5.2.1. Contractor shall be responsible for paying any fines or penalties assessed against the Air Force for environmental violations resulting from acts or omissions of Contractor or its employees, subcontractors, or agents.

5.2.1.1. This obligation is in addition to any fines or penalties that may be assessed against Contractor for the same conduct.

5.2.1.2. Contractor may either reimburse these fines or penalties through the Contracting Officer, or with the consent of the Base Civil Engineer, conveyed through the Contracting Officer, Contractor may pay such fines or penalties directly to the regulatory agency or agencies concerned.

5.3. WASTE DISPOSAL FOR CONTRACTS TO BE PERFORMED ON GOVERNMENT FACILITIES

5.3.1. Hazardous Waste Generation, Handling and Disposal: Work under this contract is to be performed on a government facility. According to rules and procedures of the United States Environmental Protection Agency (EPA), a federal facility is required to have a generator identification number under the Resource Conservation and Recovery Act (RCRA) and to be responsible for hazardous wastes (as defined under RCRA) produced, managed, stored, disposed on or transported from the facility.

5.3.1.1. Contractor will, to the greatest extent practicable, use materials, processes and techniques that will avoid the creation of hazardous waste.

5.3.1.2. The Department of Defense (DOD) Solid Waste Measure of Merit (MoM) requires the Air Force to report all solid waste that is disposed in landfills, and, also diverted from landfills through reuse or recycling. Of the inevitable waste that is generated, as many of the waste materials as is economically feasible shall be reused, salvaged or recycled and reported to the base environmental manager as required. Waste disposal in landfills shall be minimized, these waste will be recorded and submitted as required to the base environmental manager.

5.3.1.3. With regard to this directive, the Contractor shall develop a written Waste Management Plan for this Project prior to the generation of hazardous materials and hazardous waste resulting from demolition and new construction. This plan, including disposal policies, shall be reviewed and approved by both the Contracting Officer and the Base Civil Engineer before such activities begin.

5.3.1.4. Contractor shall follow this plan once it has been approved by the Contracting Officer.

Contractor shall coordinate all planned activities regarding hazardous materials and hazardous waste with the Base Civil Engineer office through the Contracting Officer.

5.3.1.5. Under no circumstances will the Contractor bring hazardous waste onto the facility.

5.4. Waste Management Plan:

5.4.1. Draft of Plan: Within FIFTEEN (15) CALANDAR DAYS after receipt of the Notice to Proceed, or prior to a waste removal, whichever occurs first, the Contractor shall submit to the Contracting Officer a draft of the Waste Management Plan for review by the Base Environmental Manager.

This draft plan shall contain the following:

5.4.1.1. Analysis of the jobsite waste that is anticipated to be generated, including types of materials and their quantities; A manifest will be generated for each load off base, an electronic copy shall be provided to the CRO and approved and signed by the base CEV for approval prior to its departure from the base. This will carry forward until the end of the job.

5.4.1.2. The name of the landfill(s) where trash will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all Project waste in the landfill(s).

5.4.1.3. Alternates to Landfilling: Contractor to provide a list of each material proposed to be salvaged, reused or recycled during the course of the Project, the probable local market for each material, and the projected net cost savings or additional costs resulting from separating and recycling, versus landing, of each material.

5.4.1.3.1. “Net” means that the materials listed below have been subtracted from the cost of separating and recycling, including revenues from the sale of recycle or salvaged materials and landfill tipping fees saved due to diversion of materials from the landfill.

5.4.1.4. Materials Effected: The list of materials is to include, at a minimum, the following items:

•Aluminum;

•Asphalt;

•Beverage containers;

•Brass;

•Bricks;

•Bronze;

•Cardboard;

•Clean dimensional lumber;

•Concrete;

•Concrete masonry units (CMU);

•Copper;

•Galvanized sheet metal;

•Land clearing debris;

•Lead;

•Metals from banding, stud trim, ductwork, piping, reinforcing rods, roofing, other trim, steel, iron;

•Stainless steel; and •Zinc;

5.4.1.5. Final Waste Management Plan: Once the Contracting Officer has determined which of the recycling options listed in the draft Waste Management Plan are acceptable, the Contractor shall submit, within TEN (10) CALANDAR DAYS, a Final Waste Management Plan. The Waste Management Plan shall be implemented in the following fashion:

5.4.1.5.1. Manager: Contractor shall designate an on-site party or parties to be responsible for instructing workers, and overseeing and documenting results of the Waste Management Plan.

5.4.1.5.2. Distribution: Contractor shall distribute copies of the Waste Management Plan to the Job Site foreman, each Subcontractor, the Contracting Officer and the Contracting Officer’s Representative

5.4.1.5.3. Instruction: Contractor shall provide on-site training on appropriate separation, handling and recycling procedures, as well as instruction on salvage, reuse and return of materials to be used by all parties at appropriate stages of the Project.

5.4.1.5.4. Separation Facilities: Contractor shall lay out and label a specific area of the job-site to facilitate separation of materials for potential recycling, salvage, reuse or return.

Recycling and waste bin areas are to be kept clean and clearly marked as to contents in order to avoid contamination of materials.

5.4.1.5.5. Hazardous Materials: Such materials shall be separated, stored and legally disposed of according to local regulations.

5.4.1.5.6. Documentation of Compliance: Contractor shall submit with each Application for Progress Payment a Summary of Waste Generated by the Project. Failure to submit this information shall render the Application for Payment incomplete and shall delay Progress Payments. The Summary shall be submitted on a form ascertainable to the contracting Officer, and shall contain the following information:

5.4.1.5.6.1. The amount in tons or cubic yards of material land filled from the Project, the identity of the landfill(s), the total amount of tipping fees paid at the landfill(s), and total disposal costs; include manifests, weight tickets, receipts and invoices.

5.4.1.5.6.2. For each material recycled, reused or salvaged from the Project, the amount in tons or cubic yards, the date removed for the Job Site, the receiving party, the transportation costs, the amount of any money paid or received for the recycled or salvaged materials, and the net cost or savings of salvage or recycling each material. Attach manifests, weight tickets, receipts and invoices. Failure to submit this information

5.4.1.5.7. Contractor shall follow this Plan without deviation once Contracting Officer has approved it. Such wastes will not be created until the Waste Management Plan has been approved by the Contracting Officer.

PART 2 – PERMITS FOR CONSTRUCTION WORK ON A GOVERNMENT INSTALLATION

6. GENERAL: CONSTRUCTION, EXCAVATION, MODIFICATION, RENOVATION,

DEMOLITION, INSTALLATION, OR OTHER ALTERATION OF BUILDING STRUCTURES,

EQUIPMENT, INSTALLATIONS, REAL PROPERTY, OR SYSTEMS ON A GOVERNMENT

INSTALLATION

6.1. General: Activities such as excavation, demolition, building modification or renovation, equipment installation or other alteration of building structures, equipment, real estate or systems require permits to allow that work to occur. Required environmental permits include (but are not limited to):

6.1.1. Air Program

6.1.1.1. Permit-by-rule notification for emergency generators over 50 BHP

6.1.1.2. Permit-by-rule notification for boilers/furnaces over 10 MMBTU per hour

6.1.1.3. Permit-to-install/permit-to-operate for spray paint booths fugitive emissions sources, etc.

6.1.2. Sanitary Sewage

6.1.2.1. PTI/PTO for new sanitary sewage service connections, lift stations; a PTI/PTO is typically not required for interior renovation where a new service connection is not installed

6.1.3. Storm Water

6.1.3.1. Notice of Intent (NOI) for construction storm water discharge

6.1.4. Wetlands

6.1.4.1. Wetlands 401/404 permits

6.1.4.1.1. Contractor shall, after consultation as with the Base Civil Engineer, identify all Federal, State or Local permit requirements under all applicable environmental laws and regulations. Contractor shall then prepare and submit in draft all applicable permit applications and all supporting data to the Contracting Officer, who will submit these documents to the Base Civil Engineer. No project site work shall start until all required environmental permits have been submitted to, and approved by, the appropriate regulatory agency. All permits will be managed as part of the construction contract.

Applications for permits that must be submitted by Contractor will be returned to Contractor after review.

7. COMPLIANCE WITH EXISTING INSTALLATION-HELD PERMITS

7.1. Contractor shall provide the Contracting Officer with notice of any activities it plans to undertake which may require the Base Civil Engineer to perform any action regarding these permits such as requesting a permit modification or reporting of required information.

7.2. Contractor will provide such notice as far in advance of planned activity as is practicable.

8. Demolition Work

8.1. Contractor will divert recyclable construction debris to the maximum extent possible.

8.2. Contractor will coordinate with EM prior to any hazardous waste (HW) or universal waste (UW) disposal actions; EM will be present anytime HW or UW is removed from the installation and will sign the manifest documents as the “generator”. Contractor will provide copies of all disposal documents and manifests.

8.3. Contractor will pay for containerization (drums, boxes, tubes, etc.) and disposal of all HW or UW items generated as part of the project, to include demolition.

8.4. Contractor will treat and dispose of all lighting lamps removed from facilities for disposal as universal waste. Lamps include fluorescent tubes, mercury, high pressure sodium, etc. Lamps will be collected in appropriately labeled cardboard tubes or boxes. Lamps will not be disposed of in Contractor dumpsters.

8.5. Contractor will verify that small capacitors (lighting ballasts weighing less than 3 lbs) are PCB-free prior to disposal. Small capacitors that do not have a “PCB-Free” statement will be treated as “PCB-contaminated waste” and collected and disposed of accordingly. Non-PCB small capacitors will be disposed of at the Contractor’s discretion.

8.6. Contractor will treat and dispose of mercury switches, thermostats, etc. as universal waste; mercury-containing items will be collected in appropriately labeled boxes, drums, or other approved DoT containers. Mercury-containing items will not be disposed of in Contractor dumpsters.

8.7. When feasible, Contractor will work with EM to recycle recoverable materials (scrap metal). Any materials not recycled by EM will be the responsibility of the contractor to recycle or otherwise dispose of.

8.8. Contractor shall track off-site diversion and disposal of demolition debris. At the end of the project, EM will be provided with the following:

8.8.1. Tons of demolition debris diverted (materials recycled or otherwise re-used)

8.8.2. Tons of demolition debris disposed of by landfill or other means

9. PART 2 - MATERIALS

9.1. RECYCLED MATERIALS: Materials used in this contract shall be, to the greatest extent practicable and consistent with financial prudence, made of recycled materials or with materials that are recyclable.

9.2. ASBESTOS: No asbestos containing materials for any project shall be brought onto the Base.

Should this be discovered, the Contractor shall be solely responsible for all and any cost associated with the removal and subsequent corrective measures taken to correct the mishap.

9.2.1.1. Removal of asbestos material will be included in the project as required.

9.2.2. The 138th Base Asbestos Management Plan has identified known ACM on the installation. During the Investigative survey there were 14 buildings suspected to contain ACM. Thru testing this was narrowed to 4 facilities. Known ACM on the installation includes:

9.2.2.1. Facility 311-Thermal wrap on Domestic Cold Water Lines

9.2.2.2. Facility 401-Thermal wrap on Domestic Cold Water Lines

9.2.2.3. Facility 402- Thermal wrap on Domestic Cold Water Lines in walls North end of facility.

9.2.2.4. Facility 501- Thermal wrap on Hot Water Return Fittings and Transite wall board.

9.2.3. As the survey was of a Non-Destructive nature, such things as walls were not penetrated to determine whether or not there are hidden ACM. In addition, due to the type of destructive sampling required to sample roofing materials, there was not testing completed on the roofing systems.

Therefore if the above areas are involved in major renovations or demolitions additional sampling for the presence of ACM may be required.

9.2.4. The following structures were constructed before 1980 and have the potential of containing lead in any painted surface including structural metals, wood and wood trim, and wallboard: Building 301, 302, 304, 313, 314, 320, 401, 402, 403, 406, 407, 410, & 501

9.2.5. Additional information is available in the “Asbestos Management Plan” for Tulsa IAP published by the Air National Guard, Civil Engineering Services Center, Minot, North Dakota. Copies of this report can be obtained through the Civil Engineering Operations function.

9.2.5.1. This report is part of the Bidding Documents if required.

9.2.5.2. Asbestos abatement work shall also comply with the Oklahoma Asbestos Control Act

(Title 40 § 450-456 Abatement of Friable Asbestos Materials Rules 380:50-1-1 through 380:50-29-1).

9.2.5.3. Oklahoma Department of Labor, Asbestos Division – (888) 269-5353, (405) 521-6467

9.3. POLYCHLORINATED BIPHENYL’S (PCBS) PCBs will not be used or included in the new construction portion of this project.

9.4. LEAD-BASED PAINT:

9.4.1. No lead based paint containing materials for any project shall be brought onto the Base.

Should this be discovered, the Contractor shall be solely responsible for all and any cost associated with the removal and subsequent corrective measures taken to correct the mishap. The following structures were constructed before 1980 and have the potential of containing lead in any painted surface including structural metals, wood and wood trim, and wallboard: Bldg 301, 302, 304, 313, 314, 320, 401, 402, 403, 406, 407, 410, & 501

9.4.2. If the presence of lead-based paint is encountered during the building demolition or renovation portion of this project, communicate with the Contracting Officer’s Representative and Base Environmental Officer. A subsequent change order upon confirmation will be submitted to the Contracting Officer. Related lead-based paint management procedures will be performed in accordance with applicable regulations, including, but not limited to, those established by the following agencies and governmental acts:

9.4.2.1. Oklahoma Department of Environmental Quality, Air Quality Division, Lead-Based Paint/Work Practice Standards, (405) 702-4100.

9.4.2.2. Section V, Chapter 3 of the Technical Manual of the Occupational Safety and Health Administration (OSHA), dealing with controlling lead exposures in the construction Industry, in regards to engineering and work practice controls.

9.4.2.2.1. National Environmental Policy Act (NEPA).

9.5. OZONE-DEPLETING SUBSTANCES:

9.5.1. “Class I substance,” as used in this clause means any substance designated as class I by the Environmental Protection Agency (EPA) (40 CFR Part 82), including but not limited to chlorofluorocarbons, halos; carbon tetrachloride and methyl chloroform.

9.5.2. “Class II substance,” as used in this clauses means any substance designated as class II by EPA (40 CFR Part 82), including but not limited to hydro-chlorofluorocarbons.

9.5.3. As required by 42 USC 7671j(b), (g) and (d) and 40 CFR Part 82, Subpart E. Contractor shall label products which contain Class I or Class II ozone-depleting substances or are manufactured with a process that uses Class I or Class II ozone-depleting substances, or containers of Class I or Class II ozone-depleting substances as follows:

9.5.3.1. “WARNING: Contains (or manufactured with, if applicable). ________ * ________ (a) substance(s) which harm(s) public health and the environment by destroying ozone in the upper atmosphere.” *Contractor shall insert the name of the substance(s).

9.5.3.2. “Contractor shall ensure no Class I or Class II ozone-depleting substances are used on Tulsa IAP without prior approval of the Base Civil Engineer.

9.5.3.3. “”Contractor shall comply with the applicable requirement of Sections 608 and 609 of the Clean Air Act (42 IS 7671g, National Recycling and Emission Reduction Program and 7671h.

Servicing of Motor Vehicle Air Conditioners) as each or both apply to the contract.””

9.6. PESTICIDES

9.6.1. Except as may be specified elsewhere in this contract, Contractor will not apply any pesticides such as herbicides (weed-killers), insecticides, or rodenticides, without the specific written prior approval of the Base Civil Engineer. When approved, all applications shall conform and reports shall be submitted to the base pest control manager upon his direction.

10. HAZARDOUS MATERIALS MANAGEMENT

10.1. All hazardous materials used on-site by the Contractor are subject to government review and tracking. For each hazardous material to be used on site, the Contractor will provide the following as part of the normal project material submittal and approval process:

10.1.1. A current Safety data Sheet (SDS) for each item proposed for use.

10.1.2. A completed “Hazmat Authorization for Contractors” form. This form requires the following information for each hazmat item:

10.1.2.1. Material to be used

10.1.2.2. Manufacturer and stock/part number

10.1.2.3. Material unit if issue (5 gallon bucket, 55-gallon drum, etc)

10.1.2.4. Quantity of material to be used

10.1.2.5. Frequency of use (i.e. one-time for one day, or daily for the duration of the project)

10.1.2.6. Location of use

10.1.2.7. Brief description of use (process use)

10.1.2.8. Storage location

10.1.2.9. Intended disposal

10.1.3. Environmental, Safety, and Occupational Health (ESOH) Offices will review for general conformity with AF/ANG goals only. Material reviews are intended to identify hazardous materials for regulatory reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and to ensure the health and safety of government employees. Reviews are not evaluation or approval of the contractor’s environmental, health, and safety program nor an indication that the material meets the intent of the project plans and specifications. ESOH offices will request product substitutions through the Contracting Officer, as needed.

10.1.4. Contractor will not deliver, store, or use any hazardous material on the installation until it has been reviewed by the ESOH offices.

10.1.5. At project close-out, Contractor shall provide a final list of all hazardous materials used on site using the “Contractor Hazmat Use Summary” form.

11. PART 3 – EXECUTION

11.1. PROTECTION OF WATER RESOURCES

11.1.1. General: Contractor shall not pollute storm drainage ways, streams, lakes or reservoirs with fuels, oils, bitumen, calcium chloride, acids, construction wastes or other harmful materials. It is the responsibility of Contractor to investigate and comply with all applicable federal, state and municipal regulations.

11.1.1.1. Contractor shall take particular care to prevent chemical, fuels, oils, greases, bituminous materials, waste washings, herbicides, cement and surface drainage from entering public waters.

11.1.1.2. Waste and Curing Water: Water used in aggregate processing, concrete curing, foundation and concrete lift clean-up and other waste water shall not be allowed to enter the storm drainage system. These materials shall be placed in a secure wash out area suitable for removal at the end of the job.

11.1.1.2.1. In the event of a spill the Base Fire Department and Environmental Office shall be notified immediately. Subsequent communication shall be accomplished to the Contracting Officer’s Representative who will notify the Contracting Officer of the mishap.

11.1.2. Contractor will provide secondary containment of any temporary drums or tanks used during the construction process (ex. Lubricating oil, gasoline and diesel skid tanks, etc.)

11.1.3. If the contractor has contractor-owned containers totaling 1320 gallons or more (calculated as either the capacity of a single large tank or multiple smaller tanks), the contractor shall be required to develop a site-specific Spill Prevention, Control & Countermeasures (SPCC) plans in accordance with the provisions of 40 CFR 112.

11.1.4. Contractor will provide materials, supplies, and equipment to respond to spills and leaks caused by contractor personnel. The contractor will promptly and properly remediate accidental spills and leaks.

11.1.5. Contractor will replace in-kind any Government-owned spill response materials and supplies used to mitigate a contractor spill.

11.2. SECONDARY CONTAINMENT STRUCTURES AND STORAGE TANK PROJECTS

11.2.1. Provide technical amendment to the base SPCC plan certified by a Oklahoma Licensed

Professional Engineer for tank installation, maintenance or repair that meets the definition of “technical change” in accordance with 40 CFR Part 112 within 30 days of completion of project.

11.2.2. If a double-walled, above-ground storage tank is specified for secondary containment, Contractor will insure that all drains and plugs are clearly labeled (i.e. drains for the primary vessel, interstitial space, etc.). The drain for the interstitial space will be provided with a manual, lockable globe valve so this space can be periodically checked for fluids. The tank will be clearly labeled with the contents, capacity, appropriate safety and fire labels, and emergency contact numbers.

11.2.3. Prepare and obtain state or local agencies a notice of intent, when required, to install a tank before starting construction. A copy of all regulatory documentation will be provided to the contracting officer to forward to the environmental manager.

11.2.4. Obtain proper notification and certification forms including necessary construction and operating permits from the appropriate regulatory agency.

11.2.5. Use qualified personnel licensed by state agencies to perform repairs on all USTs if required by state regulations and authorized inspectors to certify repairs were performed on ASTs.

11.2.6. Ensure certified strapping charts are provided for all procured tanks IAW UFC 460-01, Chapter 8.

11.2.7. Repair petroleum storage and dispensing systems including appurtenances IAW all federal, state, local requirements and per UFC 3-460-03, Operations and Maintenance: Maintenance of Petroleum Systems.

11.2.8. Ensure cathodic protection for tank systems are installed in accordance with AFI 32-1054, Corrosion Control.

11.2.9. Ensure new diking and containment construction is in accordance with UFC 3-460-01 and Oklahoma performance standards.

11.2.10. Provide certification from tank installer that tank was installed according to applicable codes and standards.

11.2.11. Only an authorized inspector shall provide formal internal and external inspections of all field erected ASTs IAW API 653.

11.2.12. Meet applicable federal, state and local regulatory requirements for temporary deactivation and permanent closure.

12. POLLUTION PREVENTION

12.1. General: Contractor should use prior planning to find those materials that will minimize the creation of waste in general and hazardous waste in particular.

13. UNEXPECTED SIDE CONDITIONS

13.1. Contaminated Soil or Groundwater: Unless otherwise specified elsewhere in the Contract

Documents, the job-site has been inspected and is, consistent with best professional judgment, free of environmental contamination or pollution.

13.1.1. However, unexpected conditions can always arise. Contractor or subcontractor personnel may encounter soil or groundwater that is suspected to be contaminated, either because of odors, colors, free liquids or other suspicious conditions.

13.1.1.1. Should this occur, Contractor will immediately notify the Base Civil Engineer and the Base Environmental Manager and take necessary initial measures to protect workers, the site and other personnel.

13.2. Unexploded Munitions/Ordnance (UXO): No munitions or munitions-related materials are known or expected to be present on site. However, should suspected munitions-type material be encountered, Contractor should immediately Stop Work, Turn Off and Leave Equipment where it Rests, and Remove all personnel from the area and notify Explosive Ordinance Disposal (EOD) and receive advice before disturbing the questionable material.

14. SITE DISTURBANCE DURING CONSTRUCTION ACTIVITIES

14.1. Contractor shall use industry-recognized best management practices to avoid creation of fugitive dust emissions, and to avoid and control storm water runoff from the construction site and any temporary roads that may be used for access to it.

14.1.1. Water sprinkling may be used to control dust.

14.1.2. Contractor shall perform all work under this contract in such a manner that no pollutants of any kind are released into ditches, storm drains, streams, lakes or other surface waters of the site.

15. PROTECTION OF LAND RESOURCES

15.1. General: It is intended that the land resources within the project boundaries and outside the limits of permanent work performed under this Contract be preserved in their present condition, or be restored to a condition after completion of construction that will appear to the natural and not detract from the appearance of the project. Contractor shall limit his construction activities to those areas defined by the Drawings or Specifications.

15.2. Prevention of Landscape Defacement: Except in area marked on the plans to be cleared, Contractor shall not deface, remove, cut, injure or destroy trees or shrubs without special authority.

15.2.1. Trees designated to be saved shall be protected from either excavation or filling within the root zone.

15.2.2. No ropes, cables or guys shall be fastened or attached to any existing trees for anchorage unless specifically authorized by the Contracting Officer.

15.2.3. Contractor shall, in any event, be responsible for any damage resulting from such use.

15.3. Restoration of Landscape Damage: Any trees or other landscape features scarred or damaged by Contractor s equipment or operations shall be restored as nearly as possible to the original condition at Contractor’s expense.

15.3.1. The Contracting Officer will decide what method of restoration shall be used, and whether damaged trees shall be treated and heeled or removed and disposed of.

15.3.2. All scars made on trees not designated on the plans to be removed by equipment construction operations or by the removal of limbs larger than 1-inch in diameter shall be coated immediately with an approved tree wound dressing.

15.3.3. Experienced landscape personnel shall perform all trimming or pruning in an approved manner.

Tree trimming with axes shall not be permitted.

15.3.4. Trees that are to remaining either within or outside established clearing limits that are subsequently damaged by Contractor, and that are beyond saving in the opinion of the Contracting Officer shall be immediately removed and replaced with a nursery-grown tree of the same species.

16. STORMWATER PERMITS FOR CONSTRUCTION

16.1. General: Permits required for the discharge of stormwater associated with construction activities.

16.2. STORMWATER DISCHARGES FROM SMALL CONSTRUCTION ACTIVITIES

16.2.1. All projects disturbing one (1) or more acre of land will require a site-specific Storm Water Pollution Prevention Plan (SWP3). Generic plans or “corporate” plans are not acceptable. For projects disturbing an area smaller than (1) acre, a SWP3 will not be required unless the smaller project is part of an overall construction program disturbing over one acre. The requirement for a SWP3 for these projects (< 1acre) will be addressed on a case-by-case basis.

16.2.1.1. If Contracted the Designer will develop a site-specific SWP3 in accordance with the requirements of Part III of Oklahoma EPA Permit Number OK0040819 Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System. Further guidance on developing the SWP3 can be found in the Oklahoma Department of Environmental Quality webpage. The SWP3 submitted will be evaluated using the OAC 252:606, Oklahoma Pollutant Discharge Elimination Standards. If the design is contracted the Designer will identify specific sections of the SWP3 that must be completed by the Contractor (i.e. project phasing and dates, specific controls to be used, etc.).

If the design is in house the Contractor shall be responsible for the SWP3 in its entirety.

16.2.1.2. The SWP3 will be reviewed and signed by the Project Engineer, Contractor and EM prior to the start of any site work.

16.2.1.3. If Contracted the Designer and Contractor shall jointly develop the regulatory Notice of Intent (NOI) for construction greater than one (1) acre in size in accordance with the requirements of section 2. of this guide. If Design is not contracted the Construction Contractor is responsible for the plan in its entirety.

16.3. All storm water general permits may be obtained by submitting a one page application, Notice of Intent (NOI), and terminated by submitting a Notice of Termination (NOT) to the ODEQ. I copy of the documents once approved will be forwarded to the Contracting Officer. Information more specific to each General Permit can be found on their respective web pages. Storm Water General Permit for Construction Activities

16.4. http://www.deq.state.ok.us/WQDnew/stormwater/index.html

16.4.1.1. Notice of Intent

16.4.1.2. Notice of Change, which is used if the operator becomes aware of failing to submit any relevant information or submitting incorrect information.

16.4.1.3. Notice of Termination

17. PROJECT CLOSE-OUT

17.1. Unless otherwise specified, the Contractor shall remove all excess and waste materials from the project site.

17.2. EM personnel will accompany Project Engineer and Contracting Officer during close-out inspections to ensure compliance.

http://www.deq.state.ok.us/WQDnew/stormwater/index.html

HAZMAT AUTHORIZATION FOR CONTRACTORS

NO HAZARDOUS MATERIAL WILL BE

DELIVERED, STORED, OR USED ON-SITE

UNTIL IT HAS BEEN AUTHORIZED BY

ENVIRONMENTAL, SAFETY, AND

OCCUPATIONAL HEALTH

Project:

Contractor:

Contractor will provide ALL of the information required below for each hazardous material (hazmat) item used on the job site; this form will be submitted to the Contracting Officer

Attach a current Material Safety Data Sheet (MSDS) for each item A copy of this form will be return to the contractor after all reviews have been completed At project close-out, provide the ACTUAL quantity of the item used during the project on the

Hazmat Use Summary Form

This authorization is used strictly to gather information on hazardous materials usage to address regulatory reporting requirements, as well as ensure the health and safety of government employees. This authorization is NOT:

An indication that the material meets the intent of the project plans and specifications An evaluation or approval of the contractor’s environmental, safety, or health programs

Product Name:

Product Part/Stock Number:

Material Unit of Issue (55-gallon drum, 5-gallon pail, 16 oz. box, 10 lb. bag, etc.):

Storage Location:

Frequency of Use (one-time, one week, throughout project):

Location of Use (if other than on the immediate project site):

Proposed Quantity of Material to be Used On-Site (gallons, pounds, etc.):

Brief Description of Use (what is the hazmat being used for):

Intended Disposal (how will excess material, empty containers, and clean up materials be disposed of):

FOR ESOH OFFICE USE (use reverse if needed)

This item is exempt from Hazmart tracking; no further evaluation required; contractor does not need to track use

Authorized Bioenvironmental Engineering - Comments

Authorized with comment

Change requested

Signature

Authorized Environmental Management - Comments

Subject to EPCRA 312

Subject to EPCRA 313 comment

Authorized Safety/Fire Protection - Comments comment

ADDITIONAL COMMENTS

Tulsa IAP, Oklahoma 2 August 2021

CONTRACTOR HAZMAT USE SUMMARY

Contractor will provide ALL of the information required below for each hazardous material (hazmat) item used on the job site; this form will be submitted to the Contracting Officer

Provide enough information that quantities can be converted to total pounds.

Product Name:

Product Part/Stock Number:

Material Unit of Issue (55-gallon drum, 5-gallon pail, 16 oz box, 10 lbs bag, etc.):

ACTUAL total quantity of product used throughout the project

END OF SECTION

part 1 – GENERAL
1. SCOPE OF WORK
1.1. The work covered by this section concerns the furnishing all labor, materials, and equipment required for the prevention of environmental degradation during, and as a result of, construction operations under this contract.
1.2. For the purpose of this specification, environmental pollution is defined as “the presence of chemical, physical, or biological elements or agents, not naturally occurring at the site, which adversely affect human health or welfare; unfavorable a...
1.3. The control of environmental pollution by this Project Contractor requires consideration of air, water, and land and involves noise control, solid waste management and management of radiant energy and radioactive materials, as well as other pollu...
1.4. This section also requires the protection of cultural and historic resources.
1.5. The provisions listed herein are incorporated by reference to all construction projects and are in addition to the general environmental, safety, and occupational health clauses of the Federal Acquisition Regulations (FAR). References to “EM” id...
1.6. Contact the Contracting Officer’s Representative, concerning the content of these requirements.
2. Base Environmental Commitment Statement Visa Vie Contractor Responsibilities
2.1. Environmental Policy Statement and Environmental Management System (EMS)
3. Contractor’s General Environmental Compliance Obligation
3.1. Contractor and any subcontractor, agent or representative shall comply with all applicable Federal, State, and local laws and regulations providing for environmental protection and pollution control and abatement including but not limited to the ...
3.1.1. Clean Air Act (CAA);
3.1.2. Clean Water Act (CWA);
3.1.3. Resource Conservation and Recovery Act (RCRA);
3.1.4. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA);
3.1.5. Toxic Substances Control Act (TSCA);
3.1.6. Federal Insecticide Fungicide and Rodenticide Act (FIFRA);
3.1.7. Coastal Zone Management Act (CZMA);
3.1.8. Endangered Species Act (ESA);
3.1.9. National Historic Preservation Act (NHPA);
3.1.10. Safe Drinking Water Act (SDWA);
3.1.11. National Pollutant Discharge Elimination System (NPDES)
3.1.12. Emergency Planning and Community Right-to-Know Act (EPCRA);
3.1.13. Oil Pollution Act (OPA) and;
3.1.14. Pollution Prevention Act (PPA).
3.2. Contractor is responsible for determining where such laws and regulations apply, although Contractor may request assistance from the CRO in delineating applicable environmental laws and regulations. Contractor has an independent responsibility to...
3.3. Hazardous Material Spills: Spills shall be immediately contained, if possible, and reported to the COR. The COR will advise Base Civil Engineer (BCE) and Environmental Manager (CEV) for Tulsa IAP (hereafter referred to as the “Base” or Tulsa IAP)...
3.4. Contractor shall not discharge anything into the Base’s sanitary sewer or storm water systems without coordination and approval from COR who will coordinate with the Base Civil Engineer and Base Environmental Manager.
3.5. The Base Civil Engineer and Base Environmental Manager may conduct inspections without notice at on-base work sites to ensure environmental compliance. Any items of non-compliance will be reported to the Contracting Officer for action.
4. CONTACTS WITH ENVIRONMENTAL REGULATORY OFFICIALS
4.1. Contractor shall, through the Contracting Officer, immediately advise the installation environmental management function of the content of all contact with federal, state or local environmental regulators, before during and after the performance ...
5. Contractor’S LIABILITY FOR ENVIRONMENTAL DAMAGES
5.1. Contractor agrees to hold harmless and indemnify the Air Force for any and all damages of any kind resulting from environmental violations by Contractor, Contractor’s employees, or agents or subcontractors.
5.1.1. Damages include, but are not limited to, personal injury, property damage (including diminution of value), or death, environmental restoration and response costs, natural resource damages, expert witness and attorney’s fees.
5.1.2. Reimbursement of any and all expenses incurred to obtain permits as a result of Contractor’s failure to identify or obtain permits shall be borne by the Contractor.
5.2. FINES OR PENALTIES FOR ENVIRONMENTAL NON-COMPLIANCE
5.2.1. Contractor shall be responsible for paying any fines or penalties assessed against the Air Force for environmental violations resulting from acts or omissions of Contractor or its employees, subcontractors, or agents.
5.2.1.1. This obligation is in addition to any fines or penalties that may be assessed against Contractor for the same conduct.
5.2.1.2. Contractor may either reimburse these fines or penalties through the Contracting Officer, or with the consent of the Base Civil Engineer, conveyed through the Contracting Officer, Contractor may pay such fines or penalties directly to the reg...
5.3. WASTE DISPOSAL FOR CONTRACTS TO BE PERFORMED ON GOVERNMENT FACILITIES
5.3.1. Hazardous Waste Generation, Handling and Disposal: Work under this contract is to be performed on a government facility. According to rules and procedures of the United States Environmental Protection Agency (EPA), a federal facility is require...
5.3.1.1. Contractor will, to the greatest extent practicable, use materials, processes and techniques that will avoid the creation of hazardous waste.
5.3.1.2. The Department of Defense (DOD) Solid Waste Measure of Merit (MoM) requires the Air Force to report all solid waste that is disposed in landfills, and, also diverted from landfills through reuse or recycling. Of the inevitable waste that is ...
5.3.1.3. With regard to this directive, the Contractor shall develop a written Waste Management Plan for this Project prior to the generation of hazardous materials and hazardous waste resulting from demolition and new construction. This plan, includi...
5.3.1.4. Contractor shall follow this plan once it has been approved by the Contracting Officer. Contractor shall coordinate all planned activities regarding hazardous materials and hazardous waste with the Base Civil Engineer office through the Cont...
5.3.1.5. Under no circumstances will the Contractor bring hazardous waste onto the facility.
5.4. Waste Management Plan:
5.4.1. Draft of Plan: Within FIFTEEN (15) CALANDAR DAYS after receipt of the Notice to Proceed, or prior to a waste removal, whichever occurs first, the Contractor shall submit to the Contracting Officer a draft of the Waste Management Plan for revie...
5.4.1.1. Analysis of the jobsite waste that is anticipated to be generated, including types of materials and their quantities; A manifest will be generated for each load off base, an electronic copy shall be provided to the CRO and approved and signe...
5.4.1.2. The name of the landfill(s) where trash will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all Project waste in the landfill(s).
5.4.1.3. Alternates to Landfilling: Contractor to provide a list of each material proposed to be salvaged, reused or recycled during the course of the Project, the probable local market for each material, and the projected net cost savings or additio...
5.4.1.3.1. “Net” means that the materials listed below have been subtracted from the cost of separating and recycling, including revenues from the sale of recycle or salvaged materials and landfill tipping fees saved due to diversion of materials from...
5.4.1.4. Materials Effected: The list of materials is to include, at a minimum, the following items:
Aluminum;
Asphalt;
Beverage containers;
Brass;
Bricks;
Bronze;
Cardboard;
Clean dimensional lumber;
Concrete;
Concrete masonry units (CMU);
Copper;
Galvanized sheet metal;
Land clearing debris;
Lead;
Metals from banding, stud trim, ductwork, piping, reinforcing rods, roofing, other trim, steel, iron;
Stainless steel; and
Zinc;
5.4.1.5. Final Waste Management Plan: Once the Contracting Officer has determined which of the recycling options listed in the draft Waste Management Plan are acceptable, the Contractor shall submit, within TEN (10) CALANDAR DAYS, a Final Waste Manag...
5.4.1.5.1. Manager: Contractor shall designate an on-site party or parties to be responsible for instructing workers, and overseeing and documenting results of the Waste Management Plan.
5.4.1.5.2. Distribution: Contractor shall distribute copies of the Waste Management Plan to the Job Site foreman, each Subcontractor, the Contracting Officer and the Contracting Officer’s Representative
5.4.1.5.3. Instruction: Contractor shall provide on-site training on appropriate separation, handling and recycling procedures, as well as instruction on salvage, reuse and return of materials to be used by all parties at appropriate stages of the Pr...
5.4.1.5.4. Separation Facilities: Contractor shall lay out and label a specific area of the job-site to facilitate separation of materials for potential recycling, salvage, reuse or return. Recycling and waste bin areas are to be kept clean and clea...
5.4.1.5.5. Hazardous Materials: Such materials shall be separated, stored and legally disposed of according to local regulations.
5.4.1.5.6. Documentation of Compliance: Contractor shall submit with each Application for Progress Payment a Summary of Waste Generated by the Project. Failure to submit this information shall render the Application for Payment incomplete and shall ...
5.4.1.5.6.1. The amount in tons or cubic yards of material land filled from the Project, the identity of the landfill(s), the total amount of tipping fees paid at the landfill(s), and total disposal costs; include manifests, weight tickets, receipts a...
5.4.1.5.6.2. For each material recycled, reused or salvaged from the Project, the amount in tons or cubic yards, the date removed for the Job Site, the receiving party, the transportation costs, the amount of any money paid or received for the recycle...

5.4.1.5.7. Contractor shall follow this Plan without deviation once Contracting Officer has approved it. Such wastes will not be created until the Waste Management Plan has been approved by the Contracting Officer.

part 2 – PERMITS FOR CONSTRUCTION WORK ON A government INSTALLATION
6. general: cONSTRUCTION, EXCAVATION, MODIFICATION, RENOVATION, DEMOLITION, INSTALLATION, OR OTHER ALTERATION OF BUILDING STRUCTURES, EQUIPMENT, INSTALLATIONS, REAL PROPERTY, OR SYSTEMS ON A GOVERNMENT INSTALLATION
6.1.4.1.1. Contractor shall, after consultation as with the Base Civil Engineer, identify all Federal, State or Local permit requirements under all applicable environmental laws and regulations. Contractor shall then prepare and submit in draft all a...
7. COMPLIANCE WITH EXISTING INSTALLATION-HELD PERMITS
7.1. Contractor shall provide the Contracting Officer with notice of any activities it plans to undertake which may require the Base Civil Engineer to perform any action regarding these permits such as requesting a permit modification or reporting of ...
7.2. Contractor will provide such notice as far in advance of planned activity as is practicable.
9. part 2 - MATERIALS

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