Attachment_3_-Environmental_Protection.pdf

01 42 00.01

SECTION 01 42 00.01

ENVIRONMENTAL PROTECTION

1 PART 1 - GENERAL

1.1 SCOPE OF WORK

A. 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. 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.”

2. The control of environmental pollution by Contractor of this Project 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.

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

B. The requirements listed in this Section are in addition to any environmental protection requirements listed in other provisions of these specifications. Contractor shall coordinate the work of this Section with the Work called for under the various sections of the Contract.

C. The basic environmental installation environmental protection guidelines are contained in the “Environmental Protection Plan for Contractors”.

D. Contact the Contracting Officer’s Representative (COR), concerning the content of these requirements.

1.2 125TH FIGHTER WING ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) BASE

ENVIRONMENTAL STATEMENT VISA VIE CONTRACTOR RESPONSIBILITIES

A. Protecting the environment is one of our highest priorities and will be a major factor in the decision making of Contractor selection of materials to be used on Base. The 125th Fighter Wing (FW) is dedicated through the use of a pro-active Environmental, Safety, and Occupational Health (ESOH) Council to the continued improvements of our processes to prevent and reduce waste generation by all means possible that are fiscally reasonable to implement. The Wing endorses the development and execution of an installation-wide EMS and a commitment to compliance with federal, state, and local environmental laws and regulations. We and the Contractor by presence on base will continue to pursue a course of responsible environmental stewardship in support of our environmental policy for the Base.

1.3 CONTRACTOR’S GENERAL ENVIRONMENTAL COMPLIANCE OBLIGATIONS

A. 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:

1. Clean Air Act;

2. Clean Water Act;

3. Resource Conservation and Recovery Act;

4. Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA);

5. Toxic Substances Control Act;

6. Federal Insecticide Fungicide and Rodenticide Act;

7. Coastal Zone Management Act;

8. Endangered Species Act;

9. National Historic Preservation Act;

10. Safe Drinking Water Act;

11. National Pollutant Discharge Elimination System (NPDES)

12. Emergency Planning and Community Right-to-Know Act;

13. Oil Pollution Act and Pollution Prevention Act.

B. Contractor is responsible for determining where such laws and regulations apply, although Contractor may request assistance from the COR 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.

C. Hazardous Material Spills: Spills shall be immediately contained, if possible, and reported to the base authorities in accordance with the installation’s “Oil and Hazardous Substances Spill Prevention and Response Plan” and also cross referenced in the “Environmental Protection Plan for Contractors.”

D. Contractor shall not discharge anything into the Base’s sanitary sewer system without coordination and approval from the COR who will coordinate with the Base Civil Engineer and Base Environmental Manager.

E. 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.

F. The contractor shall use the 125th Fighter Wing “Environmental Protection Plan for Contractors” for basic installation specific guidelines.

1.4 CONTACTS WITH ENVIRONMENTAL REGULATORY OFFICIALS

A. 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.

1.5 CONTRACTOR’S LIABILITY FOR ENVIRONMENTAL DAMAGES

A. 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.

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.

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.

1.6 FINES OR PENALTIES FOR ENVIRONMENTAL NON-COMPLIANCE

A. 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.

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

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.

1.7 WASTE DISPOSAL FOR CONTRACTS TO BE PERFORMED ON GOVERNMENT

FACILITIES

A. 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.

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

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. Waste disposal in landfills shall be minimized.

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.

4. Contractor shall follow this plan once is 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. Under no circumstances will the Contractor bring hazardous waste onto the facility.

B. Waste Management Plan:

1. Draft of Plan: Within THIRTY (30) CALENDAR DAYS after receipt of the Notice to Proceed, the Contractor shall submit to the Contracting Officer a draft of the Waste Management Plan for review by the Installation Solid Waste Manager.

This draft plan shall contain the following:

a. 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 COR for approval prior to its departure from the base. This will carry forward till the end of the job.

b. 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).

2. 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.

a. “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.

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

a. Cardboard;

b. Clean dimensional lumber;

c. Beverage containers;

d. Land clearing debris;

e. Concrete;

f. Bricks;

g. Concrete masonry units (CMU);

h. Asphalt;

i. Galvanized sheet metal;

j. Stainless steel;

k. Aluminum;

l. Copper;

m. Zinc;

n. Lead;

o. Brass;

p. Bronze, and

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

4. 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) CALENDAR DAYS, a Final Waste Management Plan. The Waste Management Plan shall be implemented in the following fashion:

a. 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.

b. 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.

c. 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.

d. 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.

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

f. Documentation of Compliance: Each quarter, the contractor shall submit a solid waste disposal and diversion tracking form (attachment 1) to the COR, who in turn will send it to the base environmental office. Failure to provide these quarterly reports may delay progress payments. The report contains the following information:

1) The amount in tons 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.

2) For each material recycled, reused or salvaged from the Project, the amount in tons, 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.

5. Contractor shall follow this Plan without deviation once Contracting Officer has approved it. Contractor shall not dispose refuse or construction debris on installation dumpsters. Wastes shall not be created until the Waste Management Plan has been approved by the Contracting Officer.

1.8 PERMITS FOR CONSTRUCTION WORK ON A GOVERNMENT INSTALLATION

A. CONSTRUCTION, EXCAVATION, MODIFICATION, RENOVATION,

DEMOLITION, INSTALLATION, OR OTHER ALTERATION OF BUILDING

STRUCTURES, EQUIPMENT, INSTALLATIONS, REAL PROPERTY, OR

SYSTEMS ON A GOVERNMENT INSTALLATION

1. General: Some activities such as excavation, demolition, or renovation, equipment installation or other alteration of building structures, equipment, real estate or systems may require permits to allow that work to occur.

2. Contractor shall, after consultation with the Base Civil Engineer, identify all

Federal, State or Local permit requirements under all applicable environmental laws and regulations as defined in Paragraph 1.2.A above.

3. 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.

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

Contractor after review.

1.9 COMPLIANCE WITH EXISTING INSTALLATION-HELD PERMITS

A. General: The United States Air Force (USAF) holds permits at the 125th Fighter Wing.

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.

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

PART 2 - MATERIALS

2.1 RECYCLED MATERIALS

A. 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.

1.2 ASBESTOS

A. No asbestos containing materials 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.

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

1. Identification of 125th Fighter Wing buildings to be demolished or renovated that are affected by this project is as noted on Civil Engineering drawings and should be coordinated with the base asbestos manager prior to commencing work.

2. Procedures and criteria for accomplishing asbestos abatement in these buildings are established in Division 2 Section “Asbestos Abatement Procedures“.

3. Additional information is available in the “Asbestos Management Plan” for 125th Fighter Wing as published by the Air National Guard, Civil Engineering Services Center, Minot, North Dakota

a. Copies of this report can be obtained through the Base Civil Engineer.

b. This report is part of the bidding documents if required.

c. Asbestos abatement work shall also comply with the Florida Administrative

Code, Chapter 62-257, (Asbestos Program) and can be obtained from the Florida Department of Environmental Protection, Tallahassee, Florida (http://www.dep.state.fl.us/air/rules/current.htm#62-257)

2.3 POLYCHLORINATED BIPHENYL’S (PCBS)

A. PCBs will not be used or included in the new construction portion of this project.

2.4 LEAD-BASED PAINT

A. 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.

B. 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 Manager. A subsequent change order upon confirmation will be submitted to the Contracting Officer. Related lead-based paint http://www.dep.state.fl.us/air/rules/current.htm#62-257 management procedures will be performed in accordance with applicable regulations, including, but not limited to, those established by the following agencies and governmental acts:

1. U.S Environmental Protection Agency, Region 4, Atlanta GA (http://www2.epa.gov/lead)

2. Florida Department of Environmental Protection, Northeast District, 8800

Baymeadows Way West, Suite 100, Jacksonville, Florida. (904) 256—1700 (http://www.dep.state.fl.us/northeast/ )

3. 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.

2.5 OZONE-DEPLETING SUBSTANCES

A. “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, halons; carbon tetrachloride and methyl chloroform.

B. “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.

C. 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:

“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).

“Contractor shall ensure no Class I ozone-depleting substances are used on the 125th Fighter Wing.

“”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.””

1.3 PESTICIDES

A. Except as may be specified elsewhere in this contract, Contractor shall not apply any pesticides such as herbicides (weed-killers), insecticides, or rodenticides, without the specific written prior approval of the Base Civil Engineer.

http://www2.epa.gov/lead http://www.dep.state.fl.us/northeast/

2 PART 3 – EXECUTION

3.1 PROTECTION OF WATER RESOURCES

A. General: Contractor shall not pollute storm drainage ways, streams, lakes or reservoirs with fuels, oils, bitumens, 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.

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.

2. In the event of a spill, the contractor shall follow spill response actions in the “Environmental Protection Plan for Contractors. In addition, 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.

B. 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.

3.2 POLLUTION PREVENTION

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

3.3 UNEXPECTED SIDE CONDITIONS

A. 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.

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.

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

B. Unexploded Munitions: 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 the COR and receive advice before disturbing the questionable material.

3.4 SITE DISTURBANCE DURING CONSTRUCTION ACTIVITIES

A. 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.

1. Water sprinkling may be used to control dust.

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.

3.5 PROTECTION OF LAND RESOURCES

A. 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.

B. 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.

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

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

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

C. 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.

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.

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.

3. Experienced landscape personnel shall perform all trimming or pruning in an approved manner. Tree trimming with axes shall not be permitted.

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.

ATTACHMENT 1

END OF SECTION 01 42 00.01

5. Contractor shall follow this Plan without deviation once Contracting Officer has approved it. Contractor shall not dispose refuse or construction debris on installation dumpsters. Wastes shall not be created until the Waste Management Plan has been...

B. 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.

B. Unexploded Munitions: 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 ...