MATOC Draft ATTACHMENT 1 - SOW.pdf

STATEMENT OF WORK

GENERAL CONSTRUCTION

MULTIPLE AWARD TASK ORDER CONTRACT

FOR

MAXWELL AIR FORCE BASE, AL

42d Civil Engineer Squadron

Maxwell AFB, AL 36112

DRAFT ATTACHMENT 1

MATOC SOW 2024

Maxwell Air Force Base

TABLE OF CONTENTS

1. GENERAL CONTRACT REQUIREMENTS

2. CONTRACT ADMINISTRATION

3. GENERAL SITE REQUIREMENTS

4. TECHNICAL RESOURCES

5. GENERAL DESIGN REQUIREMENTS

6. CONSTRUCTION PERFORMANCE CRITERIA

7. EXECUTION

SECTION 1: GENERAL CONTRACT REQUIREMENTS

1. Objective

1.1. The Multiple Award Task Order Contract (MATOC) is an Indefinite Delivery, Indefinite-

Quantity (IDIQ) Contract for execution of a broad range of construction projects affecting real property at Maxwell Air Force Base, AL, hereby referred to as MAFB. A Request for Proposal (RFP) will be issued under this MATOC contract for individual task orders

(TOs) which will define specific project requirements involving design and/or construction. The TO will specify the effort required based on the project elements. A project may have one or more types of efforts.

The contractor shall provide all labor, materials, equipment, transportation, supervision, quality control, and all other items necessary to accomplish work that may include, construction, repair, replacement, and installation on various facilities, such as buildings, runways, airfields, taxiways, aprons, parking lots, and utilities. Utilities on base include water supply and distribution, wastewater collection, storm sewers, electrical distribution and backup generation, petroleum, oil, and lubricants (POL) storage, natural gas distribution, chilled water, and steam pipeline distribution.

The standard hours of work are from 0700 to 1600 hours, Monday through Friday, excluding Federal holidays. Hours may be modified with approval from the Contracting

Officer (CO) in accordance with each individual TO. Contractor requested deviations to this schedule will only be considered if it is in the best interest of the government as determined by the Contracting Officer. If the Contractor desires to work other than 7:00 am to 4:00 pm, Monday through Friday, the Contractor must submit a work schedule to the Contracting Officer at least five (5) working days prior to the start of the requested times. The schedule shall note the activities planned, the planned hours of work, and the reason for the adjusted or additional hours so that the construction inspectors can plan their work schedule. Additional work hour standards applicable include FAR 52.222-4, Contract Work Hours and Safety Standards (Overtime Compensation), which applies to all TOs awarded under this contract. In the event of a Wing exercise or real-world commitments, contractors may be required to exit restricted areas without prior notice.

Reasonable efforts will be made to notify the contractor of known upcoming events that may interfere with the contractor’s progress to assist in scheduling.

1.2. Project Effort Descriptions:

1.2.1. Complete Design Effort Required:

The Contractor shall develop project design documentation from a statement of work

(SOW) and/or other preliminary requirements documents. Contractor design shall include industry standard requirements including, but not limited to, drawings, specifications, design analysis that is representative of a 35%, 65%, 95%, and/or

100% design effort (as identified within each TO). The Contractor developed design documents, once completed and approved by the Government, shall be used for construction and will be the basis of inspection.

1.2.2. Consummate Design Effort Required:

The Contractor shall be provided any available previously accomplished effort, which may consist of preliminary/ intermediate design (e.g. 15%/ 30%/65%), including available drawings, specifications, and/or design analysis, a narrative, or other minimal design drawings, etc., which is to be further developed into either one or a combination of schematic/35%/65%/95%/100% final design effort. Upon completion of design, and upon acceptance and notification by the Government, construction execution shall commence and be completed in accordance with contract requirements.

1.3. Construction Effort Only:

Construction execution shall commence and be completed in accordance with contract requirements.

1.4. Subcontractors:

The Contractor shall identify all subcontractors (include all sub-tiers) that are performing work that meet the qualifications identified in the SoW as part of the Contractor's

Proposal.

1.5. Contract Organization:

The Contractor shall have available a design and construction staff to respond to the requirements of this multi-discipline IDIQ contract. The Contractor's organizational approach shall integrate with this staff to provide project management, project design/engineering, on-site superintendent, quality control, and administration.

1.6. Ordering Procedures:

Individual TOs will be competed equally among all awardees after award of the contract.

Task orders will be firm fixed priced and will clearly define the specific work required.

Individual TO projects will vary in size, with the majority expected to be between $2000.00 and $2,500,000. The aggregate amount of the IDIQ shall not exceed $20,000,000.00.

The basis of award being a Tradeoff Process, Lowest Price Technically

Acceptable, or Low Price. The deadline for the Contractor’s proposal submission will be stated in the RFP for each TO.

1.7. Following award:

The successful contractor will begin execution of the requirements as stated within the specific project criteria as indicated in the TO. The TO shall detail the project specific requirements in conjunction with the general provisions of the MATOC base contract.

2. Access and control:

2.1. The Contractor and their employees must comply with all security requirements imposed by the local installation commander at all times while performing the requirements of this contract on Maxwell Air Force Base.

2.1.1. Coordination with affected facility occupants shall be made through the CO or duly appointed representative (e.g. Contract Administrator or Technical Monitor) to assist the Contractor in completing the work with a minimum of interference and inconvenience. Upon award of the MATOC base contract, long-term passes may be issued which may permit contractor-controlled vehicles to access the Base in accordance with local procedures.

2.1.2. The Contractor shall be responsible for furnishing and requiring each employee engaged on the work to display identification as approved and directed by the CO.

M a x w e l l is a closed base pursuant to Sec. 21, Internal Security Act of 1950, 50

U.S.C. 797 and, as such, only those persons granted permission may enter.

2.1.3. The contractors' passes will have a bar code that will be scanned and read. It is very important that the contractors are aware of their work times. For example, if the pass states Monday-Friday 0700-1700, they will NOT be allowed entry before 0700. If they try to come through the gate at 0655, they will be turned away. Return passes to

42 CONS to be properly destroyed.

2.1.4. Maxwell Blvd visitors center is able to make visitor passes (paper passes), contractor passes, as well as register sponsors passes too. Be aware that commercial vehicles need to be searched at Kelly St gate.

2.1.5. Job Sites may be located in a restricted area and workers will be required to be escorted at all times. Escorts are provided by the government and are available on a first come first serve basis. It is the Contractor’s responsibility to obtain the escorts for all personnel necessary.

2.1.6. Early Release/Base Closure: Occasionally due to severe weather it may be necessary to require early release, late reporting, or even base closure for MAFB personnel. If t h i s happens contractor personnel will be denied access to the base, unless they have been notified by the CO their contract service has been determined essential. If denied access for these situations there will be no additional cost to the government.

2.1.7. The included information is for normal operating conditions at Maxwell AFB, but the contractor shall expect occasional security changes due to Air Force Operations.

Entry requirements identified in this document apply during normal day-to-day security conditions. These procedures may change with little or no notice due to an increased state of security. Due to enhanced security, entry may be denied, although normally only for a short period of time.

SECTION 2: CONTRACT ADMINISTRATION

1. Contracting Officer (CO): Government official authorized to enter into, make changes to, or terminate contracts on behalf of the United States (US) Government. COs are responsible for ensuring performance of all necessary requirements of the contract to ensure compliance with the terms of the contract and safeguard the interests of the US Government in its contractual relationships.

2. The Technical Monitor will evaluate the contractor’s performance as well as monitor and ensure technical, design requirements, and progress schedules are met. The Technical Monitor is not authorized to enter into any agreements, obligate the Government, or direct any changes to the contract.

3. Project Manager: The Project Manager shall be responsible for the overall management of each task performed under this contract and shall be the primary Point of Contact (POC) for contractual issues. The PM shall be assigned by the Contractor upon award of each TO. The PM shall be responsible for ensuring that effective systems are developed to meet the objectives of the required tasks. The PM shall also ensure that quality work is completed on schedule and within the allocated budget. If the PM is changed during the TO Period of Performance (PoP), the contractor shall notify the CO in writing of the intended replacement.

4. Project Superintendent: The Project Superintendent shall evaluate the requirements on specific

TOs and shall develop and implement a plan to meet those requirements. The Project superintendent shall be the primary POC during construction. The contractor shall notify the CO in writing of the intended Project Superintendent at the Pre-Construction Conference and before the issuance of the Notice to Proceed (NTP) from the CO. If the Project Superintendent is changed during the TO PoP, the contractor shall notify the CO in writing of the intended replacement.

The designated superintendent or delegated representative shall be on site any time construction work is being performed. They should be familiar with the requirements of the EM 385-1-1 U.S.

Army Corps of Engineers Safety Manual (current version) and have experience in the areas of hazard identification and safety compliance. The Superintendent shall ensure at least one qualified supervisor capable of reading, writing and conversing fluently in the English language is on the job site during working hours.

5. Architect/Engineering (A/E) Title 1 services: Individual TOs may require A/E design services.

Specific details will be provided in the TO request. The A/E will be expected to furnish all services, materials, supplies, equipment, investigation, studies, supervision, travel, and perform all work necessary for the production of the deliverable of the specific TO. A/E professionals for non-site-specific disciplines - architectural, mechanical, electrical, structural, interior designer -must be licensed and registered in a US state to practice in the applicable field. A/E professionals for site specific disciplines - civil, fire protection - are required to be licensed and registered in the state of Alabama to practice in the applicable field. Experience is not a valid substitute for a professional license.

6. Emergency Contact Info: The contractor shall provide the CO with the names of a primary and alternate PM or contacts with telephone numbers, in case of emergency.

7. Removal of contractor’s employees:

The contractor agrees to utilize only experienced, responsible, and capable people in the performance of work. The CO may require the Contractor remove employees who endanger persons or property, whose continued employment under this contract is inconsistent with the interest of military security, or who are determined by the CO as being incapable of rendering services IAW this contract. Key personnel shall not be removed/replaced by the Contractor without coordination with the CO. Replacements shall possess the following experience:

7.1. Project Manager:

At least 5 years (60 months) of construction experience with a minimum of 2 years (24 months) of experience in personnel resource allocation or contract management.

7.2. Quality Control Manager:

At least 5 years (60 months) of construction experience with a minimum of 2 years (24 months) of experience in a dedicated construction quality control position.

7.3. Safety Manager:

At least 5 years (60 months) of construction experience. Safety Manager must have an

Occupational Health and Safety Act (OSHA) 30-hour safety certification as of the date of the proposal.

7.4. Superintendent:

At least 5 years (60 months) of construction experience.

8. Modifications:

Only the CO is authorized to execute modifications on behalf of the Government. Other

Government personnel shall not execute contract modifications, act in such a manner as to cause the contractor to believe they have the authority to bind the Government, direct, or encourage the

Contractor to perform work that should be the subject of a contract modification. In cases where the CO receives a request for additional work, revisions to the requirements, schedule changes, etc. the CO will make the final determination as to the appropriateness of the request.

9. Notice of Constructive Changes:

Verbal statements by Government representatives (with the exception of the Contracting Officer) shall not constitute a change order under the changes clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule. The only valid changes to the contract are issued by the CO.

10. TO Performance:

10.1 Performance periods will be negotiated for each individual TO. Once awarded and given the

Notice to Proceed, the successful contractor shall submit for approval all work schedules to the CO within ten calendar days after start of work unless otherwise specified.

The reports identified by FAR clause 52.236-15, Schedules for Construction Contracts shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. This requirement is applicable to TOs where the anticipated period of actual work performance exceeds 60 calendar days and the contract amount is expected to exceed the minimum dollar value of the simplified acquisition threshold, unless otherwise specified by the CO.

10.2 Meetings:

The contractor is required to attend site visits, pre-proposal conferences, post-award conferences, pre-performance conferences, or pre-construction conferences as specified in the contract. The contractor also shall attend and/or support meetings and teleconferences requested by the Government to discuss technical or regulatory issues and project progress and status. Meetings will include purposes such as contract discussion, progress reviews, planning, design reviews, construction reviews, and the general exchange of information concerning current and future activities. The contractor shall prepare briefings with all applicable material and minutes for all meetings attended.

10.3 MATERIAL APPROVAL SUBMITTAL FORM (AF Form 3000):

The contractor shall utilize the AF Form 3000 to submit all material and articles requiring approval. The contractor is reminded that an individual within the company who has the authority to bind the company must sign the certification/approval on the AF Form 3000.

10.4 Notification:

The contractor shall immediately notify the CO of critical issues that may affect the contract performance and/or human health and the environment. The types of issues that require notification include, health risks, spills, improper utility location, different site conditions, changes in critical personnel, and identification of hazardous materials, e.g. asbestos.

11. Permits:

The contractor shall develop, coordinate, and assist in applying for and obtaining all federal, state, local, and other applicable permits, access, agreements, licenses, and certifications required to perform and complete each TO. The contractor shall maintain a library of these documents at the contractor’s site office on base as well as at the corporate facility handling each TO. The contractor shall comply with all applicable permit conditions. Examples of on-site permits include, but are not limited to, borrow permits, excavation permits, welding permits, and burn permits.

If there is an expected interruption to base traffic, a traffic plan must be submitted for approval to the CO no later than 30 days before the beginning of the associated work unless prior coordination is approved.

Additional environmental review may be required depending on the location of the proposed project. This additional environmental review may extend the timeframe prior to construction. A work clearance request, coordinated and approved on for form AF 103, must be obtained prior to commencement of any work.

12. TO Procedures

12.1 Work under this contract will be ordered by written TOs issued on DD Form 1155 to the contractor by the CO. TO numbers will consist of the basic contract number. The TO number must be reflected on all correspondence related to the TO.

12.2 The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed TOs.

12.3 Any estimated quantities provided in project documents developed by the Government are considered informational. Contractors must validate quantities and features of work necessary to deliver a complete and functional project. Fair Opportunity Proposal Request will provide contractors with as much information as possible regarding the existing conditions of the site and any pre-existing structures but must not be relied upon for proposal preparation.

12.4 Submission of proposals for TOs is required.

12.5 TOs may be modified by the CO. Modification to TOs will be issued on Standard Form (SF)

30 and will cite the TO number.

12.6 Fair Opportunity Proposal Request (FOPR): A FOPR will be issued to each of the contractors by the CO with the project identified. Each TO may contain additional clauses, site or project specific information. Any such additional provisions shall be a part of the FOPR. The FOPR may not have traditional plans and specifications but will include a TO SOW. The TO SOW will include a list of work elements and/or sketches that define the project and state the Government requirements. All attachments to the FOPR, if applicable, will be considered to be a part of the project scope of work. As requested in the FOPR, a site visit will be held by the Government to discuss all conditions and details of work. Contractor clarification/questions shall be submitted in writing IAW TO proposal instructions.

12.7 The contractors shall be requested to submit the TO proposal to the issuing office within the period stated in the FOPR which may consist of:

12.7.1 Technical Proposal: Concept sketches or drawings for proposed methods, performance schedule of design and construction, proposed technical approach/solution, list of required work elements, management approach, key personnel and/or subcontractors, catalogs, and/or other material submittals.

12.7.2 Price proposal: The price proposal for design and construction cost.

12.7.3 Past Performance: Recent and relevant performance information may be required.

Definitions of “recent” and “relevant” will be specified in the FOPR for each project.

12.7.4 The TO proposals shall be prepared at no cost to the Government and are not reimbursable by the Government.

12.8 FOPR Evaluation Criteria:

Individual TOs will be competed equally among all MATOC awardees IAW FAR 16.505(b), Fair Opportunity. TOs will be firm fixed price and will clearly define the specific work required. Specific instructions to Offerors and evaluation criteria for individual TOs will be specified in the FOPR.

Orders may be awarded on price, best value, performance price, tradeoff process or a low price, technically acceptable basis. If the Government decides to issue the FOPR as a tradeoff process, award factors will vary depending on the unique requirements of each

TO. The following sample criteria may be evaluated, in addition to price or cost:

(a) Past performance - past performance under this contract or other contracts

(b) Quality of deliverables

(c) Ability to meet schedule requirements.

(d) Relevant experience

(e) Cost control

(f) Potential impact on other orders placed with the contractor.

(g) Current workload

(h) Design

(i) The contractor’s technical understanding of the work.

(j) The most efficient and effective plan to accomplish the work.

(k) Rationale for proposed materials, type and quantities.

(l) Sustainable design features

13. Competition:

Only contractors awarded a contract as a result of this RFP will compete for subsequent TOs.

Contractors are encouraged to participate in all site visits. To execute fiscal year end projects, the

Government may solicit offers for projects for which funds are not certified or readily available.

SECTION 3: GENERAL SITE REQUIREMENTS

1. Safety:

All work shall be accomplished in accordance with OSHA 29 CFR 1910, OSHA 29 1926, applicable AFOSH Standards, and EM 385-1-1, along with any references specified in individual

TOs. If these regulations are updated during the MATOC ordering period, the updated version will take precedence for work performed under the contract.

1.1. Protective Measures for Fire Prevention:

The Contractor shall perform all work in a fire safe manner in accordance with local, state, and federal fire codes. In addition, work shall be performed in accordance with NFPA 241, Safeguarding Building Construction and Demolition Operations, including Appendix A. Fire extinguishers will be required on construction equipment. A 10 ABC minimum rating is required for fire extinguishers.

Special attention shall be provided for welding, cutting, or open flame operations in accordance with AFOSH 91-5, and 29 CFR 1910-252. No open flame operations such as welding, cutting, or brazing will be done without approval of the Fire Department. Fire

Department will issue an AF Form 592, "USAF Welding Cutting and Brazing Permit", as verification of approval, contact at 334-953-7449.

2. Work Layout and Site Management:

The Contractor shall coordinate the proposed layout of the work with the Technical Monitor and submit all required site plans, field office requirements, dust control plans, and proposed storage areas in accordance with the project requirements associated with each TO.

3. Staging/Materiel Storage Area(s):

The requirement for lay-down areas (staging areas) associated with a TO shall be dependent upon the size of project and in accordance with specific criteria as detailed in the TO. Prior to starting work, the Contractor shall submit site plans through the CO for approval. The site plan shall show the layout and details of all temporary facilities planned for use on identified TO. The plan shall include the location of the safety and construction fences, location of all site trailers, equipment and material storage areas, construction entrances, trash dumpsters, temporary sanitary facilities, and worker parking areas as required by the TO.

The PoP schedule for completion shall include final cleanup of the premises. This includes removal of any facilities and the restoration of the site to its original condition. For most construction projects, the Base Civil Engineer shall coordinate a single staging area for the

Contractor's use in the vicinity of the project site. A supplemental storage area may be identified as required in the TO.

All Contractor trailers, stored materials, and idle equipment shall be located in the designated staging area associated with each TO. The staging area shall be kept clean and orderly. Tarps are to be used, as necessary, to secure loose materials. The Technical Monitor is the primary point of contact as to what constitutes an acceptable staging area.

All items in the staging area shall be removed within 14 days following when it is no longer needed or when the contract is completed. Exceptions shall be requested in writing to the CO.

4. Site Maintenance

4.1. Dirt and Dust Control Plan:

The Contractor shall submit a plan for controlling dirt, debris, and dust on base roadways.

As a minimum, the plan shall identify the subcontractor and equipment for cleaning along the haul route and measures to reduce dirt, dust, and debris from roadways.

4.2. Dumpsters:

Dumpsters may be located outside the staging area but must be approved by the

Government. Any movement of a dumpster to another area on the project site must be approved by the Government. Equip dumpsters with a secure cover. The cover shall be closed at all times, except when being loaded with trash and debris. Contractor shall position dumpsters behind the construction fence or out of the public view. Dumpsters shall be emptied at a minimum of once per week or more frequently to prevent overflow and to keep the site free of debris and trash. Contractor shall ensure that trash containers are emptied at least once a day. Large demolition projects normally require a large dumpster without lids-these are acceptable but shall not have debris higher than the sides before emptying.

4.3. Temporary Sanitation Facilities:

All temporary sewer and sanitation facilities shall be self-contained units with both urinal and stool capabilities. Ventilate the units to control odors and fumes, empty and clean them at least once a week or more often if required by the CO. The doors shall be self-closing.

4.4. Construction and Safety Fence:

The Contractor shall provide temporary safety fences at the construction activities within the construction site as well as at associated areas that involve safety hazards affecting both construction workers and the general public. The safety fence shall be in accordance with

OSHA standards, consisting of a high-density polyethylene grid or approved equal, a minimum of 42 inches high, supported and tightly secured to steel posts located on minimum

10-foot centers. The Contractor shall remove the fence from the work site upon completion and acceptance of the work.

When required, enclose the construction site, staging area, and/or supplemental storage area with an 8-foot-high chain link fence with brown, UV light resistant, plastic fabric (Dark

Brown) mesh netting.

Remove the fence upon completion and acceptance of the work. The intent is to block the construction from public view.

4.5. Grass Cutting:

Grass (or weeds) must be maintained to a height of 4 to 6 inches within the construction and storage sites. Grass around construction/safety fences must also be maintained accordingly.

Grass or weeds on stockpiled earth shall be maintained as described above.

5. Outages:

Utility Survey identification shall be as described in each TO and shall require the Contractor(s) to perform location of all utilities in support of the project. Normal procedures typically involve the Government providing utility identification by indication with paint lines at grade. Contractor shall allow a minimum of fourteen (14) calendar days to obtain 'Work Clearance Request' (AF

Form 103) and shall be responsible for marking limits of pending construction zones with white paint or white flagging to aid Government personnel in identification of utilities (as detailed in

TO).

Proposed utility outages, which affect a facility and any other adjacent facilities, shall be coordinated with the Technical Monitor fourteen (14) calendar days prior to the start of the outage. Outages shall be kept to a minimum and any one outage shall not last more than 2 hours unless otherwise noted in a specific TO. The contractor shall not be entitled to additional payment for utility outages and connections required to be performed outside regular work hours.

Utility markings are considered accurate within 3' of the actual utility. It is the Contractor's responsibility to take all precautions necessary to prevent accidental utility damage and verify utility location before digging. The Contractor is liable for damage to utilities if the damage occurs within 3 feet of the marked route. It is the Contractor's responsibility to maintain utility route markings, once established.

6. Environmental Protection:

The work covered by this section consists of furnishing all labor, materials, and equipment and performing all work required for the prevention of environmental degradation during and as a result of construction operations under this contract. These requirements are in addition to any environmental protection requirements elsewhere in these specifications. 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; unfavorably alter ecological balances; negatively affect plant or animal species;

or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution by the 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. This section also requires the protection of natural, cultural and historic resources.

6.1 ACRONYMS AND DEFINITIONS

ADEM – Alabama Department of Environmental Management CAA – Clean Air Act

CO – Contracting Officer

CERCLA – Comprehensive Environmental Response, Compensation and

Liability Act CWA – Clean Water Act

EPA – Environmental Protection Agency

MAFB – Maxwell Air Force Base and Gunter Annex. Throughout this environmental protection section, MAFB (including Gunter Annex) may commonly be referred to as the base or installation.

Media – Any soil, water, or air that is moved, disturbed, or released from a site

OSHA – Occupational Safety and Health Administration

TM – Technical Manager

RCRA – Resource Conservation and Recovery Act

SDWA – Safe Drinking Water Act TSCA – Toxic Substances Control Act

42 CES/CEIE – Maxwell Air Force Base Civil Engineering Squadron, Environmental Section.

Throughout this environmental protection section, this office will commonly be referred to as the

“installation environmental office.”

The terms hazardous, waste, pollutant, contaminant, and substance have the same meanings and usage here as they commonly do in the CAA, CERCLA, RCRA, SDWA, and TSCA.

6.2 CONTRACTOR’S GENERAL ENVIRONMENTAL COMPLIANCE OBLIGATIONS

Work under this contract is to be performed on a government facility. All environmental rules applying to contractor operations elsewhere shall also apply on the government facility.

Contractor (and any of their additional contractors, agents or representatives) shall comply with all applicable Federal, State, and local laws and regulations providing for environmental protection and pollution control and abatement. These include but are not limited to: the Clean

Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive

Environmental Response, Compensation and Liability Act, Toxic Substances Control Act, Federal Insecticide Fungicide and Rodenticide Act, Coastal Zone Management Act, Endangered

Species Act, Migratory Bird Treaty Act, National Historic Preservation Act, Archeological

Resources Protection Act, Safe Drinking Water Act, Emergency Planning and Community

Right-to-Know Act, Oil Pollution Act, and Pollution Prevention Act. Contractor has the duty to determine for himself/herself where such laws and regulations apply. Although the contractor may request assistance from the TM/Contract Administrator or the installation environmental office 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.

Environmental Management System (EMS) significant aspect is Hazardous Waste Compliance.

Please ensure all personnel are aware of applicable RCRA requirements and have reviewed the

Commander’s Policy at the end of this section.

6.2.1 Contractors are responsible to implement their own environmental compliance programs, to ensure that individuals working at the site are properly trained and aware of potential hazards and proper operating procedures, and to ensure that all personnel follow the guidelines of OSHA, EPA, ADEM, and the Air Force’s policies, in addition to any guidelines of the jurisdiction(s) in which the operations will be performed. Compliance with the provisions of this section by lower tier contractors will be the responsibility of the contractor.

6.2.2 Notification: The Contract Administrator will notify the Contractor in writing of any non-compliance with environmental provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. If the Contractor fails or refuses to comply promptly, the Contract Administrator may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it was later determined that the Contractor was in compliance.

6.2.3 Maintenance of Pollution Control Facilities During Construction: During the life of this contract, the Contractor shall maintain all facilities constructed for pollution control under this contract as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created.

6.3 FINES OR PENALTIES FOR ENVIRONMENTAL NON-COMPLIANCE

6.3.1 Responsibility. The contractor shall be responsible for paying any fines or penalties assessed against the Government for violations of environmental laws or regulations resulting from acts or omissions of the contractor or its employees, contractors, or agents. This obligation is in addition to any fines or penalties that may be assessed against the contractor for the same conduct. Contractor shall either reimburse these fines or penalties through the appropriate Contract Administrator, or with the consent of the Contracting office and installation environmental office, the

Contractor shall pay such fines or penalties directly to the regulatory agency or agencies concerned.

6.3.2 Pollution Reporting: No hazardous material can be released into the environment (ground, water, air) without prior approval of the contractor. In the event of an accidental release of a hazardous material to any of these medias, the contractor will be notified immediately. The contractor will supply the means to properly prevent/contain and dispose of an accidental release in accordance with all applicable Federal, State, and

Local regulations. All costs incurred by the contractor during the mitigation and disposal from an accidental release shall be the responsibility of the contractor.

6.4 CONTRACTOR’S LIABILITY FOR ENVIRONMENTAL DAMAGES

Contractor agrees to hold harmless and indemnify the Government for any and all damages of any kind resulting from environmentally harmful activities by the contractor, contractor’s employees, agents, or contractors. “Damages” includes personal injury or death, property damages (including diminution of value), environmental restoration and response costs, natural or cultural resource damages or restoration, expert witness and attorney’s fees, and reimbursement of any and all expenses incurred to obtain permits as a result of contractor’s failure to identify or obtain permits for itself, the Government.

6.4.1 CONTACT WITH ENVIRONMENTAL REGULATORY OFFICIALS

Contractor shall immediately advise the TM/Contract Administrator, 42nd Contracting Office, and the installation environmental office of the content of all contacts with Federal, State, or local environmental regulators; before, during, and after the performance of this contract concerning the performance of this contract.

6.4.2 PERMITS FOR EQUIPMENT USED BY CONTRACTORIN PERFORMING

GOVERNMENT CONTRACTS.

For equipment used in the performance of this contract, contractor shall obtain in contractor’s name and at no additional expense to the Government all permits, coordination, certifications or other regulatory authorization necessary to perform and complete the work required by this contract under applicable environmental laws and regulations. “Applicable environmental laws and regulations” includes but is not limited to: the Clean Air Act, Clean Water Act, Resource

Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and

Liability Act, (CERCLA), Toxic Substances Control Act, Federal Insecticide Fungicide and

Rodenticide Act, Coastal Zone Management Act, Endangered Species Act, National Historic

Preservation Act, Safe Drinking Water Act, Emergency Planning and Community Right-to-

Know Act, Oil Pollution Act, and Pollution Prevention Act, and State, County, and Local laws and regulations on the same subjects.

6.4.3 PERMITS NEEDED FOR CONSTRUCTION, EXCAVATION, MODIFICTION,

RENOVATION, DEMOLITION, INSTALLATION, OR OTHER ALTERATION OF

BUILDINGS, STRUCTURES, EQUIPMENT, INSTALLATIONS, REAL PROPERTY OR

SYSTEMS

Contractor shall identify all Federal, State, County, or local permits, coordination, certifications or other regulatory authorization requirements under all applicable environmental laws and regulations. Contractor shall then prepare in draft, and submit to the Contracting office for review, all applicable permit applications, coordination, notices, or other required filings, together with all supporting data. Permit applications, notifications or other documents that must be submitted by the Government shall be submitted by the Government, and any documents that must be submitted by the contractor shall be returned to the contractor for submission after review. No work requiring permit or other written authorization shall proceed before the contractor has the permit or authorization or a copy thereof in its possession. Copies of all required environmental permits shall be submitted to the Contracts office to be forwarded to the installation environmental office to have on file prior to the start of work.

6.5 ASBESTOS

6.5.1 Asbestos shall not be used or included in this project unless specifically approved in writing by the 42nd Contracting Office and installation environmental office.

6.5.2 If workers should encounter any suspect asbestos-containing material such as fibrous insulation, pipe wrap, asbestos-containing plaster, etc., contractor shall cease any activity that may disturb the material and immediately contact the TM/Contract Administrator for coordination with the installation environmental office.

6.5.3 If potential asbestos-containing material has been identified in connection with proposed work, all asbestos abatement activities shall be conducted by a certified Safe-State contractor, following base asbestos protocol, asbestos specification section, Maxwell AFB

Asbestos Management and Operations Plan. Contractor shall follow all applicable governing regulations, including, but not limited to: 29 CFR 1926.1101 – OSHA Safety and Health Regulations for Construction, Subpart Z, Toxic and Hazardous Substances, 29 CFR 1910.1001 – OSHA Standards, Subpart Z, Toxic and Hazardous Substances, and

CFR Part 61 – EPA National Emission Standards for Hazardous Air Pollutants

(NESHAPS)

6.6 POLYCHLORINATED BIPHENYLS (PCBs)

6.6.1 PCBs shall not be used or included in this project.

6.6.2 If contractor encounters any lighting ballasts, electrical transformers, or other equipment that is suspected to contain PCBs, contractor shall contact the TM/Contract Administrator for notification to the installation environmental office. If the equipment is not labeled or does not specify that the unit has “no PCBs,” it is considered to be suspect and shall be handled as if it may contain PCBs. Disposal shall be coordinated through installation environmental office.

Contractor shall not remove any hazardous waste from the installation without installation environmental office knowledge prior to scheduling.

6.7 LEAD-BASED PAINT

6.7.1 Lead-based paint shall not be used or included in this project.

6.7.2 In buildings that were constructed prior to 1978, it should be assumed that lead-based paint is present unless sampling results indicate otherwise. Any activities that will potentially disturb lead-based paint shall be coordinated through the installation environmental office. Contractor is responsible for complying with the Maxwell AFB Lead-Based Paint Management Plan and all applicable Federal, State, and local regulations, including OSHA Lead in Construction Standard

29 CFR 1926.62. Contractor shall be properly trained and is responsible for worker training and protection requirements. Documentation of training shall be provided to the 42nd Contracting

Office prior to start of work.

6.7.3 If suspect lead-based paint is encountered during performance of work, contractor shall coordinate lead-based paint work plan through TM/Contract Administrator for coordination with installation environmental office before proceeding with any activities such as sanding, scraping, demolition, or other activities that may disturb lead-based paint.

6.8 OZONE-DEPLETING SUBSTANCES

The use of Class I ozone-depleting substances is generally prohibited. Any use of a Class I ozone-depleting substance shall be approved through the installation environmental office prior to use. All Class I ODSs recovered on site shall be returned to the base Civil Engineering

HVAC shop (42 CES/CEOH). All reasonable efforts shall be made to reduce usage of Class II ozone-depleting substances. All usage shall be reported to 42 CES/CEIE.

6.8.1 Contractors shall follow regulations concerning ODS as specified in 42 USC 7671 (b), (c), and (d) and 40 CFR Part 82, Subpart E. All Class I and Class II ODS shall be labeled IAW these regulations.

The contractor shall comply with the applicable requirements of Sections 608 and 609 of the

Clean Air Act (42 USC 7671g, National Recycling and Emission Reduction Program and 7671h, Servicing of Motor Vehicle Air Conditioners) as each or both apply to the contract.

6.9 PESTICIDES

Except as may be specified elsewhere in this contract, contractor shall not use or apply pesticides

(such as insecticides, rodenticides, herbicides or weed-killers) without specific written prior approval of the TM/Contract Administrator.

6.10 HAZARDOUS MATERIALS, POLLUTION PREVENTION & WASTE MINIMIZATION

When a hazardous material is required in performance of this contract, the contractor is required to submit Contractor’s Hazardous Material Questionnaire, Contractor’s Environmental

Reporting Entry Form, and Safety Data Sheets (SDS) for each hazardous material to be used.

The hazardous material must be approved prior to being brought onto Maxwell AFB or Gunter

Annex.

The approval process should be less than 2 days in order to comply with the 10-day suspense time to receive submittals 5 days prior to contract start date. See AF Form 66.

6.11 SITE DISTURBANCE DURING CONSTRUCTION ACTIVITIES

6.11.1 National Pollutant Discharge Elimination System (NPDES) - For any project that will disturb an area “equal to” or “more than” 1 acre, the contractor is required to submit an ADEM

Notice of Intent (NOI) under the NPDES General Construction Permit. A completed copy of the

NOI must be submitted to the 42nd Contracting Office and Environmental Department prior to any site work. The “site” encompasses the collective area of disturbance for any project, even if the disturbed areas are non-contiguous. The contractor is responsible for all required inspections under ADEM’s NPDES General Permits. However, Base Environmental will perform additional oversight inspections and instruct changes, alterations and/or modifications as necessary.

6.11.2 The contractor shall use industry recognized Best Management Practices (BMPs) to the maximum extent practical to avoid and control storm water runoff from the construction site and any temporary roads that may be used to access the site (entrances/exits). 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 on or connected to the site.

BMPs shall be implemented prior to site disturbance and maintained throughout project duration until permanent stabilization has been achieved. Protective measures shall include:

6.11.3 Silt Fencing: Install silt fencing around all storm drains and runoff channels that can be potentially impacted by the construction/demolition activity. Install silt fencing where appropriate and to the maximum extent necessary to prevent removal of particulates and debris with runoff from the site. Refer to the ADEM Handbook for Type A, B and C methods.

6.11.4 Wattles: Install wattles in front of curb inlets that will be impacted when sediment run-off is inevitable due to tracking, equipment and supply staging areas and/or other disturbed areas.

Wattles shall be in lengths that cover entire inlet opening. Contract Administrator does not recommend blocking curb/street inlets unless absolute necessary. Blocking street inlets will cause temporary ponding which may impact traffic flow. The contractor must make all reasonable attempts to maintain sediment on the construction site to eliminate having to protect street inlets. Wattles are an acceptable practice when protecting drop inlets located in landscaped areas where stakes can be used to hold the wattles in place on a disturbed construction site. Straw wattles shall not be used for drop inlet protection on concrete or asphalt pavement areas

6.11.5 Silt Savers: Install silt savers as a primary means for drop inlet protection within the disturbed areas of a construction site. Silt savers come in round or square molds depending on the drop inlet configuration and size. Crushed stone and/or soils shall be used to support the mold and filter fabric in place. Install as per manufacture recommendations.

6.11.6 Hay Bales: Place and stake hay bales or other temporary dams where appropriate for impeding storm water flow across large, open areas of disturbed earth and as particulate barriers to prevent erosion and unintended soil relocation. Hay bales shall not be used as a sole source when protecting drop inlets. Silt fencing and/or crushed stone shall be used in support with hay bales to prevent entry of sediment and any construction debris during the activity. Hay bales shall not be used to protect curb inlets.

6.11.7 Block and Gravel: Install block and gravel inlet protection where an impermeable surface

(concrete, asphalt, etc.) exists around the drain and in other areas where this type protection is more appropriate to prevent particulate transport to the inlet. The height of the block and gravel inlet structure shall be a minimum of 12 inches. A geotextile fabric shall also be placed as a filter between the block and crushed stone (ALDOT #57 crushed stone or similar grade shall be used).

6.11.8 Geotextile Fabric (drop inlet barriers):

The contractor may use a non-woven geotextile fabric as a means to protect drop inlets with metal grates. The drop inlet grate can be removed in order to place a sufficient amount of geotextile fabric inside the storm inlet opening. The grate must be replaced on top of the fabric maintaining a tight fit with no gaps in order to provide a sock-like barrier. Excess fabric shall drape outside the grate allowing for any sediment to be captured. This method allows for construction traffic but must be maintained. Sediment overloaded geotextile fabric must be cleaned and replaced as needed.

6.11.9 Stabilization: All disturbed and exposed soils shall be preserved, covered if needed, in a manner that prevents soil migration with rainfall or runoff. Contractor is responsible for repair of any erosion caused by the contractor’s construction activities. All disturbed or exposed soil shall be permanently stabilized at the earliest practicable date. In most cases, seeding is not allowed on the installation; areas shall be repaired with sod, re- vegetation shall be with non-invasive plants that are native species or approved turf species.

6.11.10 Concrete & Asphalt Saw-Cutting: The contractor shall implement means and methods to control and clean-up from saw-cutting activities immediately and not allow for traffic to travel through the saw cut locations until the “saw-cut mud” clean-up activities are completed.

Washing into the nearest storm drain is prohibited.

6.11.11 Concrete Wash-Outs: The contractor must have a location on site or at an approved location by the TM/Contract Administrator where concrete trucks can wash out. The location must be in an area that will not allow the wastewater to flow or drain into storm inlets, drainage ditches, waterways or roadways. For large projects where multiple concrete placements will be performed, a wash out location must be designated and protected.

Typically this is created by using a soil berm and combining with the use of hay bales, silt fencing, and/or wattles.

6.11.12 Materials & Fuel Storage: The contractor must maintain a clean and orderly project site and laydown yard with regards to materials storage.