013543.pdf
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- Illinois National Guard Multiple Award Task Order Contract Federal contract opportunity
- Solicitation number
- W91SMC-09-R-0017
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CP Relocation 013543 Environmental Protection
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Text version
DCFT #082207
Hanson #03S1408GGB
013543-1 013543
ENVIRONMENTAL PROTECTION
DIVISION 01 – GENERAL REQUIREMENTS
SECTION 013543 – ENVIRONMENTAL
PROTECTION
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SECTION INCLUDES (SCOPE)
A. 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 in other provisions of 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 important to human life;
affect other species of importance to man; 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 cultural and historic resources.
B. CONTRACTOR shall coordinate the work of this section with the work called for under the various sections of the Contract.
C. Contact the Environmental Office (EO) through the COTR, concerning the content of these requirements.
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 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.
CONTRACTOR has the duty to determine for itself where such laws and regulations apply.
Although the CONTRACTOR may request assistance from the Contracting Officer 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.
013543-2 013543
B. Hazardous material spills: Spills shall be immediately contained, if possible, and reported to the COTR. The COTR will advise EO. CONTRACTOR shall call base spill emergency number 911 from any base phone to report the spill.
C. The CONTRACTOR shall not discharge anything into the sanitary sewer system or storm sewer system without coordination and approval from COTR who will coordinate with EO.
D. The EO may conduct inspections without notice at on-base work sites to ensure environmental compliance. Any items of non-compliance will be reported to the COTR.
1.4 FINES OR PENALTIES FOR ENVIRONMENTAL NON-COMPLIANCE
A. The CONTRACTOR shall be responsible for paying any fines or penalties assessed against the Air Force for environmental violations resulting from acts or omissions of the CONTRACTOR or its employees, subcontractors, or agents. This obligation is in addition to any fines or penalties which may be assessed against the CONTRACTOR for the same conduct.
CONTRACTOR may either reimburse these fines or penalties through the Contracting Officer, or with the consent of EO, conveyed through the Contracting Officer, the CONTRACTOR may pay such fines or penalties directly to the regulatory agency or agencies concerned.
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 the CONTRACTOR, CONTRACTOR’s employees or agents or subcontractors. 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, and reimbursement of any and all expenses incurred to obtain permits as a result of CONTRACTOR’s failure to identify or obtain permits.
1.6 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.
PART 2 – PERMITS
2.1 PERMITS NEEDED FOR CONSTRUCTION, EXCAVATION, MODIFICATION,
RENOVATION, DEMOLITION, INSTALLATION, OR OTHER ALTERATION OF
BUILDING, STRUCTURES, EQUIPMENT, INSTALLATIONS, REAL PROPERTY, OR
SYSTEMS ON A GOVERNMENT INSTALLATION
013543-3 013543
A. CONTRACTOR shall, after consultation with the COTR, identify all Federal, State or local permit requirements under all applicable environmental laws and regulations as defined in paragraph 1.3.A above. CONTRACTOR shall then prepare and submit in draft all applicable permit applications and all supporting data to the COTR, who will submit same to the EO.
Permits that must be submitted by the EO will be submitted by them. Applications for permits that must be submitted by the CONTRACTOR will be returned to the CONTRACTOR after review.
B. Permits requiring fees for submission (e.g. $500 Notice of Intent for a General Permit to Discharge Stormwater – Construction Activities) shall be submitted with a check for the permit to the Contracting Officer.
C. The CONTRACTOR is responsible for submitting permits with adequate time for processing and permit approval prior to beginning work. For example, the Notice of Intent for a General Permit to Discharge Stormwater – Construction Activities must be filed with the Illinois EPA 30 days prior to disturbing more than 1 acre of land.
D. The CONTRACTOR is responsible for submitting closeout permits (e.g. Notice of Termination for a General Permit to Discharge Stormwater) to the Contracting Officer at the appropriate time in accordance with applicable regulations.
E. At a minimum, the CONTRACTOR will prepare and submit permits and notifications as listed in Division 01 Section 010000 “General Requirements,” paragraph 1.9 “IEPA Permit Requirements” to the COTR.
2.2 COMPLIANCE WITH EXISTING INSTALLATION-HELD PERMITS
A. The USAF holds permits at Springfield ILANG. The CONTRACTOR shall provide the Contracting Officer with notice of any activities it plans to undertake which may require the EO to perform any action regarding these permits, such as requesting a permit modification or reporting of required information. CONTRACTOR will provide such notice as far in advance of planned activity as is practicable.
PART 3 – MATERIALS
3.1 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.
3.2 ASBESTOS
A. Asbestos material will not be included in this project.
3.3 POLYCHLORINATED BIPHENYL’S (PCBS)
A. PCBs will not be used or included in this project.
013543-4 013543
3.4 LEAD-BASED PAINT
A. Lead-based paint will not be included in this project.
3.5 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, halos, carbon tetrachloride and methyl chloroform.
B. “Class II substance,” as used in this clause means any substance designated as class II by EPA (40 CFR Part 82), including but not limited to hydrochlorofluorocarbons.
C. As required by 42 USC 7671j(b), (g) and (d) and 40 CFR Part 82, Subpart E, the 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.” *The CONTRACTOR shall insert the name of the substance(s).
CONTRACTOR shall ensure no Class I ozone-depleting substances are used on Springfield ILANG without prior approval of COTR.
The 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.
3.6 PESTICIDES
A. Except as may be specified elsewhere in this contract, CONTRACTOR will not apply any pesticides (such as herbicides or weed-killers, insecticides, or rodenticides) without the specific written prior approval of the COTR.
3.7 HAZARDOUS MATERIALS USAGE
A. The CONTRACTOR shall establish hazardous materials (HM) storage and distribution system when HM is to be used. All HM required to support the contract shall be reported to the Hazardous Material Pharmacy (HMP) using the Contractor HM Identification Form. This form will be provided to the CONTRACTOR at or prior to the Pre-Construction meeting. Additional HM needed by the CONTRACTOR shall be identified to the COTR for approval by the HMP.
(See Attachment X.)
B. The CONTRACTOR planning to use HM for the work shall register with the installation HMP prior to start of work in order to support the installation’s compliance with Executive Order 12856, Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements.
013543-5 013543
C. The CONTRACTOR shall maintain a Contractor HM Identification Form for all HM on the job site for inspection/verification.
D. The COTR will verify that the HM identified the HMP is the only HM in use on the job site.
E. The CONTRACTOR shall provide the following to the HMP:
1. Provide a list of each material and quantity of material for all proposed HM. Hazardous Material (HM) shall be construed to mean any item that is:
a. A health hazard or physical hazard as defined in 29 CFR, 1910.1200.
b. Regulated in its disposal by EPA under 40 CFR.
c. Hazardous as defined by DOT regulations under 49 CFR.
d. Hazardous as defined by the Dangerous Goods Regulations of the International
Air Transport Association.
2. Provide a material safety data sheet (MSDS) for each item on the HM list.
3. Typical examples of hazardous materials used on the job site include, but are not limited to:
a. Petroleum based liquids/gases (gasoline, kerosene, diesel, propane, butane, acetylene, etc.).
b. Explosives.
c. Adhesives and glues.
d. Shot charges for anchor systems.
e. Volatile solvents (such as PVC cleaner and glues, paint thinners).
f. Non-water based paints.
g. Liquid sealants.
h. Epoxies and coating systems.
i. Acidic or Alkali cleaners.
F. The CONTRACTOR shall establish a construction-specific HM storage and issue location that fully complies with federal, state, and local environmental regulations. Materials issued shall be tracked for quantities used. Unused materials shall be inventoried and removed from the IANG installation prior to close-out of the contract or expiration date of the HM. Reports of materials delivered, used and removed from the installation shall be submitted to the Contracting Officer monthly and prior to contract close-out.
G. The CONTRACTOR shall comply with all federal, state and local environmental standards.
H. The CONTRACTOR shall accompany the COTR and the installation Environmental Manager (EM) on project close-out inspection to ensure all used and unused HM has been removed from the installation. This requirement shall not be a punch list item and must be accomplished prior to the government accepting beneficial occupancy of the facility or construction item. (See Attachment Y.)
013543-6 013543
PART 4 - EXECUTION (WORK PRACTICES)
4.1 GENERAL: 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. Water sprinkling may be used to control dust. 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.
4.2 PROTECTION OF WATER RESOURCES
A. General: The CONTRACTOR shall not pollute storm drainage, streams, lakes or reservoirs with fuels, oils, bitumens, calcium chloride, acids, construction wastes or other harmful materials. It is the responsibility of the CONTRACTOR to investigate and comply with all applicable federal, state and municipal regulations.
B. Spillage: The CONTRACTOR shall take special measures to prevent chemical, fuels, oils, greases, bituminous materials, waste washings, herbicides, cement and surface drainage from entering public waters. In the event of a spill, immediately notify the Base Fire Department at
911. Then notify the COTR who shall then notify the Environmental Office.
C. Washing and Curing Water: Water used in aggregate processing, concrete curing, concrete sawcut and concrete clean-up and other waste water shall not be allowed to enter the storm drainage system.
4.3 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. The CONTRACTOR shall limit his construction activities to areas defined by the Drawings or Specifications.
B. Prevention of Landscape Defacement: Except in areas marked on the plans to be cleared, the CONTRACTOR shall not deface, remove, cut, injure or destroy trees or shrubs without special authority. Trees designated to be saved shall be protected from either excavation or filling within the root zone. No ropes, cables or guys shall be fastened or attached to any existing trees for anchorage unless specifically authorized by the Contracting Officer. The 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 the CONTRACTOR’s equipment or operations shall be restored as nearly as possible to the original condition at the CONTRACTOR’s expense. 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. 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 in. in diameter shall be coated immediately with an approved tree wound dressing, all trimming or pruning shall be
013543-7 013543 performed in an approved manner by experienced landscape personnel. Tree trimming with axes shall not be permitted. Trees that are to be remaining, either within or outside established clearing limits that are subsequently damaged by the CONTRACTOR and 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.
PART 5 - WASTE DISPOSAL
5.1 POLLUTION PREVENTION
A. The CONTRACTOR should use prior planning to find those materials that will minimize the creation of waste in general and hazardous waste in particular.
5.2 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, the 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. Accordingly, CONTRACTOR will, to the greatest extent practicable, use materials, processes and techniques that will avoid the creation of hazardous waste. Prior to generation of hazardous materials and hazardous waste on a federal facility under this contract, CONTRACTOR shall coordinate all planned activities regarding hazardous materials and hazardous waste with the EO through the COTR. Under no circumstances will CONTRACTOR bring hazardous waste onto the facility.
B. Disposal of Non-RCRA Wastes: All non-hazardous wastes generated on the facility as a result of this contract must be disposed of properly. Prior to creation of such wastes, the CONTRACTOR shall submit to the EO, through the COTR, a plan for disposal of wastes. Such plan shall include the types of waste to be created, how they shall be stored, managed and disposed. CONTRACTOR shall follow this plan once it has been approved by the Contracting Officer/COTR. Such wastes will not be created until approved by the Contracting Officer/COTR.
C. Consolidated Waste Disposal Plans: CONTRACTOR may, at CONTRACTOR’s option, submit for approval as specified above one consolidated plan for handling hazardous and non hazardous wastes.
PART 6 – CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
6.1 DEFINITIONS
A. Inert fill: A permitted facility that accepts inert waste such as asphalt and concrete exclusively.
013543-8 013543
B. Inert solids/inert waste: Non-liquid solid waste including, but not limited to, soil and concrete, that does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality standards and does not contain significant quantities of decomposable solid waste.
C. Inert backfill site: A location other than inert fill or other disposal facility, to which inert materials are taken of the purpose of filling an excavation, shoring, or other soils engineering operation.
D. Class III landfill: A landfill that accepts non-hazardous waste such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations.
E. Construction and Demolition (C&D) debris: Includes all non-hazardous materials and solid waste resulting from construction, remodeling, alternations, repair, and demolition operations.
This term includes asphalt concrete, Portland concrete cement block, brick, lumber, gypsum wallboard, cardboard and other associate packaging, roofing material, ceramic tiles, carpeting, plastic pipe and steel. The term also includes rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
6.2 REQUIREMENTS
A. The CONTRACTOR shall implement a recycling program that includes separate collection of waste and recyclable materials. Based upon contract plans and drawings, the CONTRACTOR shall estimate the quantities of available materials for recycling. Recyclable materials to be recovered shall include but not limited to the following:
1. Asphalt.
2. Concrete, concrete block, slump stone, and rocks.
3. Dirt.
4. Drywall.
5. Metal, ferrous and non-ferrous.
6. Wood wastes.
7. Green wastes (i.e. trees, bushes, grass trimmings).
8. Miscellaneous construction wastes (i.e. red clay brick, corrugated cardboard).
6.3 HAULING
A. CONTRACTOR is responsible for arranging collection by or delivery to the appropriate recycling center or transfer station that accepts construction and demolition waste for purpose of recycling. Prior to delivering materials, CONTRACTOR shall familiarize itself with the specifications for acceptance of construction and demolition materials at recycling facilities or transfer stations.
6.4 RECYCLING AND DISPOSAL COSTS
A. The CONTRACTOR shall retain revenues or other savings obtained from recycling or re-using materials unless otherwise stated on the Drawings or in the Specifications. The
013543-9 013543
CONTRACTOR shall dispose of non-marketable materials from processing recyclable materials at an off-base facility; to include any recyclable materials rejected for any reason.
6.5 RECYCLING CENTERS
A. CONTRACTOR may choose to use any approved/licensed recycling center.
6.6 SUBMITTALS
A. The CONTRACTOR shall provide the weight of all materials salvaged, recycled, and disposed during the performance of the project. The format of this report is provided in Attachment Z.
This report shall be submitted to the Environmental Manager, 183 FW/EM, no later than 10 working days following the completion of the project.
PART 7 – UNEXPECTED SITE CONDITIONS
7.1 CONTAMINATED SOIL OR GROUNDWATER
A. Except as noted and unless otherwise specified elsewhere in this specification, the site has been inspected and is, consistent with best professional judgment, free of environmental contamination or pollution. However, unexpected conditions can always arise.
CONTRACTOR or subcontractor personnel may encounter soil or groundwater that is suspected to be contaminated because of orders, colors, free liquids or other suspicious conditions. Should this occur, CONTRACTOR will immediately notify the EO, through the COTR, and take necessary initial measures to protect workers, the site and other personnel.
7.2 ASBESTOS CONTAINING MATERIALS ABATEMENT
A. No asbestos containing materials are known or expected to be present on site.
7.3 LEAD-BASED PAINT REMOVAL
A. No materials containing or coated with lead-based paint are known or expected to be present on site.
7.4 UNEXPLODED MUNITIONS
A. No munitions or munitions-related materials are known or expected to be present on site.
END OF SECTION 013543
013543-10 013543
ATTACHMENT X
CONTRACTOR HAZMAT IDENTIFICATION FORM
Attach MSDS for Each Product Product Name
Product Manufacturer
Individual Container Size: _______________ (5 gal pail,50 lb bag, etc.)
Total Quantity Used Over The Contract: ____________ ____________ (100 pails,20 bags, etc.)
Product Use (describe):
Waste Generated by Material Use and How Waste Disposed:
Product Manufacturer
Individual Container Size: _______________ (5 gal pail,50 lb bag, etc.)
Total Quantity Used Over The Contract: ____________ (100 pails,20 bags, etc.)
Product Manufacturer
Individual Container Size: _______________ (5 gal pail,50 lb bag, etc.)
Total Quantity Used Over The Contract: ____________ (100 pails,20 bags, etc.)
183FW Form 50, July 2001 (Part I)
013543-11 013543
ATTACHMENT Y
Contractor Hazardous Material Identification Form Close-Out Procedures
Part II
Attach this part to Part I.
The Contractor shall accompany the Contracting Officer’s Representative and the Environmental Manager on the close-out inspection to ensure all used and unused HM has been removed from the installation.
Close-out Approval Signatures Signature Date
Contractor ___________________________ ____________
Contracting Officer’s Representative ___________________________ ____________
EM (Environmental Manager) ___________________________ ____________
013543-12 013543
ATTACHMENT Z
Summary of Solid Waste Disposal and Diversion
Project Title: ___________________________________________________________ Project #: ______________________________________________________________
Type of Material
(a) Disposed in Class
III
Landfills
(tons)
(b) Recycled
(tons)
(c) Disposed in Inert
Fills
(tons)
(d) Taken to
Inert Backfill
Site (tons)
ASPHALT
Name of Facility/Site Where Taken:
CONCRETE
DIRT
DRYWALL
METALS
WOOD WASTES
GREEN WASTES
MISCELLANEOUS CONSTRUCTION
WASTES
Total:
Company Name: _____________________________________________
Name of Person Completing Form: ______________________________
Signature: ___________________________________________________
Report Period: From: _______________ To: _______________
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