SSU A&F - EH&S, Contract Environmental Language

Contract Specifications for Campus Projects

The following contract language subjects are for use by Facilities and CPDC Project Managers. Simply cut from here and paste into your document.

Environmental

Asbestos

Use the following text if buildings constructed prior to 1980 will be impacted.

Drinking Water

Use the following text if the contractor might accidentally break a drinking water line, intentionally cut or otherwise expose a drinking water line.

Drinking Water Text

DOMESTIC WATER SYSTEM DISINFECTION

Part A      
If a domestic water line is broken, cut or otherwise exposed it must be properly disinfected to ensure it is safe for human consumption. For more detailed information see the attached American Water Works Association (AWWA) Standard for Disinfecting Water Mains.  The requirements apply to ALL domestic lines, tanks and other components.

If disinfection must be completed the following three vendors are commonly used for this work at SSU:

• Bennett Marine Utility (650) 344-2277
• Bartley Pump (707) 584-9191
• Water System Specialist (707) 586-1248 (Page) (707) 581-3228

Shorter Duration acceptable slug chlorination concentrations:
• 100ppm available chlorine for 3 hours
• 300ppm available chlorine for 15 minutes

Part B
All work must include a certificate of disinfection documenting concentration, hold time, and negative bacteriological results. Internal disinfection must document the same information on the work order. No system may be put back into service without negative bacteriological results.
    
ALL flush water containing disinfectant must be directed to sanitary sewer and is not acceptable for storm conveyance system discharge.

EXPANSION OR MODIFICATION OF THE DRINKING WATER SYSTEM

Any modification or expansions to the domestic drinking water system is regulated by the State Health Drinking Water Field Operations Branch. Currently they require an annual summary of the new connections, but no prior review or approval. Please ensure that proof of disinfection, including sampling, is available. It is recommended that Facilities and CPDC maintain a log of the system change/addition and the date completed for each project involving adding or modifying domestic water.  The general number is (707) 576-2145.

Hazardous Materials

Use the following text if the contractor will do either of the following:

Handle significant quantities of chemicals on site.
Generate hazardous waste as pat of this project.

Hazardous Materials Text

HAZARDOUS MATERIALS MANAGEMENT

A. Hazardous Materials Usage and Material Safety Data Sheet Submittals
	    
(a) “Hazardous material,” as used in this contract, includes any material defined as hazardous by the California Environmental Protection Agency (EPA), the California Occupational Safety and Health Administration (Cal-OSHA), the U.S. Department of Transportation (DOT), or the California Department of Health Services Radiologic Health Branch (DHS-RLHB). These include any substance or chemical which is a "health hazard" or "physical hazard," including carcinogens, toxic agents, irritants, corrosives, sensitizers; agents which damage the lungs, skin, eyes, or mucous membranes; chemicals which are combustible, explosive, flammable, oxidizers, pyrophorics, unstable-reactive or water-reactive; and chemicals which in the course of normal handling, use, or storage may produce or release dusts, gases, fumes, vapors, mists or smoke which may have any of these characteristics. This includes any substance which can cause harm to people, plants, or animals when released by spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.

(b) The Contractor must list any hazardous material, as defined in paragraph (a) of this section, to be utilized under this contract. The hazardous material shall be properly identified by trade name or CAS number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
	
c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be utilized under this contract is hazardous.
	 
d) The apparently successful Contractor agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) for all hazardous material identified in paragraph (b) of this section. Failure to submit Material Safety Data Sheet prior to award may result in the apparently successful Contractor being considered non-responsive and ineligible for award.
  
(e) Nothing contained in this section shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(f) The University's rights in data furnished under this contract with respect to hazardous materials include use, duplication, and disclosure of any data to which this section applies. The purpose of this right is to: (1) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (2) Obtain medical treatment for those affected by the material; and (3) Have others use, duplicate, and disclose the data for the University for these purposes.
	 
B. Hazardous Materials On-Site

(a) If the scope of work for this project requires the handling or removal of hazardous materials located on University property, Contractor shall provide, at a minimum, 24-hour OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) trained personnel for these operations. Contractor is resonponsible for providing other hazardous materials training as applicable, including, but not limited to, Universal Waste Management training (22 CCR 66273.16) for handling batteries, thermostats, fluorescent lights, fluorescent light ballasts, waste cathode ray tubes, electronic devices, mercury switches, and vacuum gauges.

C. Hazardous Waste Management

(a) All work to be performed shall comply in all respects with the requirements of the federal Resource Conservation and Recovery Act (RCRA) and the California Hazardous Waste Control Act (HWCA) as codified in Title 40 Code of Federal Regulations and Title 22 California Code of Regulations, and with all other applicable codes, rules, and regulations.

(b) Hazardous Waste. All hazardous waste generated as a result of this project must be handled in a safe, responsible, and legal manner by the contractor and any respective subcontractors. It is illegal to dispose of hazardous waste in storm drains or sanitary sewers.

(c) Contractor is responsible for determining which discarded materials are hazardous waste and staging them in a secure location on campus until the end of the project. Contractor shall provide all DOT approved containers and labels for hazardous waste generated as a result of this project. On completion of the project, Contractor personnel shall transport hazardous waste generated under this project to the University’s hazardous waste storage facility. The University will arrange and pay for off-site transportation and disposal for all hazardous waste generated as part of this project.

(d) Contractor agrees to pay any fines or fees assessed against them by any regulatory agency having jurisdiction, including, but not limited to, the Bay Area Air Quality Management District (BAAQMD), California Department of Toxic Substances Control (DTSC), and the California Occupational Health and Safety Administration (Cal-OSHA).

D. Hazardous Materials Emergency Response Capability

(a) Contractor shall provide and maintain on site at all times while any work under this contract is being performed, sufficient chemical emergency response equipment and trained personnel to promptly mitigate potential releases and threatened releases of hazardous materials or waste associated with this project (fires, spills, explosions, gas releases, etc.).
 
(b) Accidental releases and threatened releases of hazardous materials or waste which occur during the performance of this contract must be promptly mitigated by the Contactor at no additional charge to the University. If, in the judgment of the University Project Manager, the Contractor fails to properly respond to an emergency situation involving this project, the University reserves the right to have emergency mitigation services performed by other means and to recover the costs from the Contractor.

Lead Containing Paint

Use the following text if the contractor will impact painted surfaces in buildings constructed prior to 1980 or specialty coated surfaces of any age; e.g. equipment coating, road striping.

Lead Text

LEAD CONTAINING PAINT

(1) Lead containing paint is located in campus buildings that were constructed prior to 1980:  Art, Boiler Plant, Bookstore, Carson Hall, Children's School, Commons, Facilities Services, Food Services, Ives, P.E., Nichols, Zinfandel Residence Halls, Stevenson, Student Health Center, and the Student Union.  Lead is presumed to be in industrial coatings of any age.  These include railings, vibration blocks, panels, and other metal components.  

(2) Contractor will provide training to employeees that will disturb paint in these buildings as required under 8 CCR 5194 (l)(1)(A) Hazard Communication and 8 CCR 5194 (l)(2)(C), Respirators; and 8 CCR 1510 Safety Instruction for Employees.

(3) A licensed third-party abatement firm may be hired by the University to remove lead containing materials prior to or during the performance of this work.

Storm Drain Protection

Use the following text if storm drains might be impacted.

Storm Drain Text

STORM DRAIN PROTECTION

(a) Nothing may be rinsed to storm drains (exterior drains and some covered drains). It is illegal to discharge paint rinses, high sediment loads, joint compound cleanup rinses, water soluble solvents or oils, or any other constituent to a storm drain. Nothing may flow into storm drains except uncontaminated rainwater.

(b) Rinsewater that contains only non-hazardous sediment must be discharged to the landscape for whenever possible. Filter fabric, sand bags, gravel bags, silt fencing, straw wattles, or other recognized means of sediment control must be used on all storm drains receiving powerwasher rinseate. 

(c) Contractor shall pay any fines or fees assessed against them by any regulatory agency having jurisdiction, including, but not limited to the North Coast Regional Water Quality Control Board. Contractor shall be financially responsible for any costs associated with cleaning up hazardous materials entering storm drains or the natural environment as a result of primary contractor's or subcontractor's activity.