Attachment 12 Special Conditions - BARC.doc

BARC SPECIAL CONDITIONS

2‑01 TECHNICAL REPRESENTATIVE: The Contracting Officer's Representative (COR) and the Contracting Officer's Technical Representative (COTR) will be a United States Department of Agriculture, Agricultural Research Service, employee or authorized representative, appointed by the Contracting Officer (CO). The duties of the COR and COTR will be delineated in a letter prepared by the CO, and a copy will be provided to the contractor no later than concurrent with issuance of the Notice‑to‑Proceed.

2‑02 CONSTRUCTION AND DRAWINGS SPECIFICATIONS: The construction drawings and specifications are the property of the Government and shall not be used for any purpose other than that indicated by the specifications.

2‑03 BARC REGULATIONS: The contractor shall be responsible for providing and placing all barricades, lighting, and safety devices during construction activities.

2‑04

SAFETY:

a.

The contractor shall have prior approval from the COR/COTR before any exit or exit access is obstructed or closed. The closing or obstructing of exits is discouraged and shall be prevented whenever feasibly possible. No padlock, chain, or other securing device will be used to prevent escape from the egress side of an exit or exit access while the construction area is occupied. This does not preclude securing the area at night if it does not affect the exit from non-construction areas.

b.

The contractor shall immediately call 9-911 and the COR/COTR, and the Safety, Occupational Health and Environment Staff (SOHES) at 301-504-5557 on any Maryland Department of the Environment (MDE) or Environmental Protection Agency (EPA) reportable spill of hazardous substances or materials, and oils or other petroleum pollutants. The contractor shall them institute appropriate spill control measures/procedures as soon as possible. The contractor is responsible for all spill mitigation/cleanup expenditures associated with the spill/release.

c.

The contractor shall follow the OSHA’s permit required confined space procedures in accordance with 1910.146 when entering and performing work in a Beltsville Area confined space. Contractor shall follow their Confined Space Entry Plan when their Construction Authorization Form is approved by BARC.

d.

The contractor shall follow the OSHA Lockout/Tagout procedures in accordance with 1910.147 when performing work in the Beltsville Area. The contractor shall not remove any lockout device, not installed by the contractor’s personnel without first obtaining permission from the Beltsville Area.

e.

The contractor shall report to the COR/COTR all OSHA reportable injuries and illnesses to contractor employees within 24 hours of the injury or illness. All lost-time cases shall be reported to the appropriate authorities and the COR/COTR within 8 hours. An updated copy of the OSHA Injury and Illness Log shall be provided by the contractor at least monthly. A copy of the contractor’s accident investigation reports shall be forwarded to the COR/COTR within 24 hours of the accident time.

2‑05

HAZARDOUS MATERIALS:

a.

All work performed using hazardous materials that off-gas, in occupied buildings, that are or produce toxic/volatile organic compounds shall be accomplished outside normal work hours, unless it is possible to contain the toxic material, or vent the volatile organic compounds to the outside.

(Volatile=vaporizable; off-gassing) b.

A plan for containment and prevention of release of hazardous material must be submitted to the COR/COTR and approved prior to commencement of any activities involving toxic materials or volatile organic compounds. Examples of tasks where off-gassing of toxic materials and volatile organic compounds will occur include painting with epoxy or enamel base paints, installing carpet using an organic base mastic, installing epoxy resin fiberglass duct, use of adhesives, use of some cleaning agents, and caulking with a solvent‑based material. These examples are only a few of the possible operations that can generate toxic material or volatile organic compounds in occupied buildings and that may require work to be performed outside of normal work hours.

c.

The contractor shall provide the COR/COTR with copies of all Material Safety Data Sheets (MSDS) for all hazardous materials to be used, prior to the start of work.

2‑06 DUST CONTROL: Much of the BA research is conducted with delicate scientific instruments which are highly susceptible to airborne dust. During construction, dust is inevitable in certain remodeling operations; therefore, the contractor shall control dust particles by sealing off areas with dust‑tight barriers, plastic covers, and dust‑free materials, as indicated by the contract and/or applicable Federal, State, and Local regulations. If protective barriers are not used in an area utilized by employees, then the dust produced from the operation shall be immediately vacuumed with a HEPA-type vacuum cleaner. Protection of furniture, equipment, and carpeting by use of clean drop cloths is mandatory. All furniture and carpeting shall be thoroughly cleaned to the satisfaction of the COR/COTR at the completion of the remodeling operation and returned to its original condition.

2‑07 COORDINATION OF WORK OPERATIONS: The work to be performed under this contract is at an active facility. In contracts involving construction activities in more than one building and/or site, the contractor shall be strictly limited to completing all work in any one building before starting work in additional buildings except for unusual circumstances. Exceptions shall be subject to approval by the CO.

2‑08 MOVING AND PROTECTION OF PROPERTY: The contractor shall be responsible for moving and protecting the furnishings in the work area and for placing the furnishings in their original position and condition upon completion of the work. The contractor shall use clean drop cloths and other means to protect the property and floor. Any and all damage to Government property, resulting directly or indirectly by the contractor's operations, shall be repaired or replaced by the contractor at no additional cost to the Government and to the satisfaction of the CO.

2‑09 CONTRACTOR'S EMPLOYEES' PARKING: The contractor's employees shall park in areas assigned by the COR/COTR, and shall not interfere with ongoing Government operations. The contractor's employees shall comply with all signs/traffic regulations indicating "No Parking," fire zones, etc., and shall not park in unauthorized areas.

2‑10 CONTRACTOR'S EMPLOYEES' RESTRICTIONS: The contractor's employees shall be restricted to areas within this scope of work, plus direct routes to and from the site as may be approved in the Pre‑Construction Conference regarding work scheduling and material handling.

2‑11 STAGING AREA: The staging area will be identified by the COR/COTR. Upon completion of all work outlined in the contract drawings and specification, the contractor shall remove all materials and equipment from the confines of the BA. The contractor shall restore the staging area to its original and/or previous condition.

2‑12 EQUIPMENT, TRAILERS, AND TEMPORARY OFFICES: The contractor shall ensure that large specialized equipment, temporary offices, and trailers used on the job are identified with both the name and telephone number of the owner and/or lessor. Job site locations must be coordinated with the COR/COTR.

2‑13 AVAILABILITY AND USE OF UTILITY SERVICES: For projects where usage will be short‑term and/or minimal, water and electricity, if easily accessible and readily available, will be made available to the contractor by the Government at no cost to the contractor. The water and electricity will be provided from the existing system outlets and supplies to enable the contractor to perform the work under this contract. Availability does not include connections or hookups to electric utilities or water mains. The locations, if readily available, of the temporary connection points will be designated by the COR/COTR prior to permitting connections. All associated costs of labor and/or equipment required for connection shall be borne by the contractor. Electric energy shall not be used for any heating. If electric service is not readily available, the contractor must provide portable generators for electric power.

The contractor shall not be permitted to use Government telephone service.

2‑14 IDENTIFICATION OF UNDERGROUND UTILITIES: It shall be the contractor's responsibility to have all underground utilities marked before any excavation begins. He must contact Miss Utility to locate the telephone and gas lines. A notification of 72 hours in advance shall be given to the Engineering and Planning Section (301‑504‑8434) to locate the steam, water, electric, and sewer lines. If the contractor fails to have these services performed, it will be the contractor's responsibility to make temporary repairs immediately, and permanent repair within 24 hours, at no expense to the Government. Any repairs made to the underground utilities by the contractor shall be inspected by a Government representative before any backfilling.

2‑15

INTERRUPTION OF UTILITIES/FACILITIES:

a.

The contractor shall not interrupt BARC's existing utilities without first obtaining prior written permission from the COR/COTR. A written request for a desired minor outage shall state the reason, date, and duration of the proposed outage, and be submitted a minimum of 10 working days prior to the proposed outage. Major outages that require more than normal preparation will be scheduled by the Head of the Engineering and Planning Section, in coordination with the COR/COTR, and may require up to 4 weeks prior written notification.

b.

The contractor shall make all temporary and final connections to existing utility services, furnish all material, perform all excavation, backfilling, mechanical tamping, and all other labor incidental to making the connections.

2‑16 SUPERVISION OF WORK: The superintendent/foreman must be able to read, write, speak, and fully understand the English language, and have full authority to act for the contractor.

2‑17 PERSONNEL BEHAVIOR: The BA is a scientific community, which conducts close and exacting research in all agricultural production fields. Ongoing research in areas where construction work is in progress cannot be interrupted. Contractor personnel shall conduct themselves in a professional manner, with a minimum of noise and confusion. Boisterous or discriminatory conduct and profane language on the job site is strictly prohibited. Cooperation with building occupants shall be deemed essential to assure the progress of the Government's work. Contractors shall wear proper attire at all times.

2‑18 WORK OUTSIDE REGULAR HOURS: If the contractor desires to conduct work outside normal duty hours or on Saturday, Sunday, or Federal legal holidays, an application must be submitted at least 5 working days in advance to the CO. This shall allow ample time for satisfactory arrangements to be made for inspecting the work progress. Costs incurred by the contractor for overtime and Government inspection requested for his own convenience shall be borne by the contractor. It is the purpose of this section to prevent excessive overtime and to completely prohibit overtime work which is not supervised and/or inspected by the Government's authorized personnel.

2‑19 SEVERE WEATHER WARNING REQUIREMENTS: When a severe weather warning has been issued for the area in which construction is being performed, the contractor shall take immediate action to secure structures, materials, and equipment on the job site. This action will ensure protection from damage as a result of strong surface winds, thunderstorms, or other weather‑related conditions. These requirements are applicable 24 hours a day, 7 days a week.

2‑20 ENVIRONMENTAL PROTECTION: The contractor shall provide and maintain environmental protection during the life of the contract as defined herein. Environmental protection shall be provided to correct conditions that might endanger the environment during construction operations.

a.

DEFINITION OF CONTAMINANTS:

(1) SEDIMENT: Earth that has been eroded and transported by runoff water.

(2) SOLID WASTE: Discarded solid materials resulting from construction activities.

(3) RUBBISH: A variety of combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal and lumber scrap, tin cans, etc.

(4) DEBRIS: Combustible and noncombustible wastes such as asbestos, ashes, and waste materials resulting from demolition and construction work.

(5)

SANITARY WASTES:

(a) SEWAGE: Waste which is considered domestic sewage.

(b) GARBAGE: Refuse and scraps resulting from preparation of food.

(6) RUBBLE: Fill materials generated from concrete, masonry, asphalt construction, and natural earth resulting from excavations.

(7) HAZARDOUS WASTE: A hazardous waste is any material or substance not excluded from regulation as a hazardous waste. Hazardous waste exhibits the characteristics of hazardous substances and could be a mixture of solid waste and hazardous waste. Any discarded commercial chemical product or chemical compound is to be considered hazardous waste in terms of handling and disposal procedures.

b.

TEMPORARY CONSTRUCTION: Upon completion and acceptance of the construction, the contractor shall remove all signs of temporary construction facilities such as work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, temporary sedimentation and erosion control devices, and any other traces of construction.

c.

EROSION AND SEDIMENT CONTROL MEASURES:

(1) BURN‑OFF: Burn‑off ground cover will not be permitted.

(2) Sediment control shall conform to the State of Maryland sediment control rules and regulations.

(3) STORMWATER POLLUTION PREVENTION: The contractor shall take all steps necessary to prevent pollutants from coming in contact with stormwater discharge. The most significant high risk areas for stormwater contamination must be identified by the USDA and the contractor prior to commencing work. Preventive measures and best management practices (BMPs) shall be developed and implemented in potential risk areas.

d.

CONTROL AND DISPOSAL OF SOLID, CHEMICAL, AND SANITARY WASTES: Wastes shall be placed in closed metal containers which are emptied on a regular schedule. Handling and disposal shall be conducted in a manner to prevent contamination of the site and other areas.

(1) DISPOSAL OF RUBBISH AND DEBRIS: Materials defined in paragraph a.(3) and a.(4) above shall be disposed of OFF USDA/BARC PROPERTY.

(a) In the event the contractor or subcontractor should dump rubbish/debris at any area of USDA/BARC, the contractor shall be required to retrieve this rubbish/debris and dispose of OFF USDA/BARC PROPERTY to a certified landfill.

(b) The contractor shall provide proof of an approved, certified landfill prior to the removal of lead containment materials and asbestos material. All dump tickets from the approved landfill shall be provided to the COR/COTR.

(2) GARBAGE: The contractor shall dispose of all garbage OFF USDA/BARC PROPERTY. Garbage shall be kept in sealed metal containers and disposed of daily. The preparation, cooking, or disposal of food on the project site is strictly prohibited.

(3) SEWAGE, ODOR, AND PEST CONTROL: Chemical toilets or comparably effective units shall be utilized in accordance with Federal, State, and Local regulations. Wastes shall be periodically collected and removed from the BA by a licensed sewage disposal contractor. Measures shall be taken to control pests and to mask or eliminate undesirable odors. Chemical toilets shall be cleaned/serviced by a licensed company at least every 2 weeks.

(4) DISPOSAL OF HAZARDOUS WASTE: Materials defined in paragraph 2-20 a.(7) shall be disposed of utilizing the following guidelines:

a.

Hazardous waste must be disposed of at an EPA approved Treatment, Storage, and Disposal Facility (TSDF) in accordance with applicable Federal, State, and Local regulations.

b.

Prior to transporting waste off-site, the contractor must:

[1] Submit a Waste Profile Sheet to the BA, SOHES, Environmental Unit (EU) for review and signature.

Note: The EU will enter the applicable EPA ID number on the Waste Profile Sheet which will be returned to the contractor.

[2] If applicable, provide a copy of the TCLP results from analysis performed to identify the waste as hazardous (e.g., lead concentrations above 0.5 mg/l).

[3] Notify the EU’s Compliance Officer at 301-504-5557 twenty-four hours before hazardous waste is to be removed from the site to ensure someone will be available to check the shipment and sign the appropriate paperwork.

c.

To transport the waste off-site, the contractor must:

[1] Provide a completed Hazardous Waste Manifest and its supporting documentation to the EU’s Inspector during the loading of the transportation vehicle. If the shipment is approved, the EU’s Inspector will sign the Manifest and supporting documents. All waste will be transported in accordance with Federal, State, and Local Department of Transportation regulations.

[2] Provide appropriate copies of the Hazardous Waste Manifest and supporting documents to the EU’s Inspector.

Note:

If the shipment is not approved, the Manifest will not be signed and the material may not be removed from the site. All cost incurred due to an unapproved shipment will be the responsibility of the contractor.

e.

LEAD CONTAMINATED MATERIALS: Debris containing lead contamination at 0.5 mg/l or higher, determined by either analysis prior to or after demolition/renovation, must be handled as Hazardous Waste in accordance with paragraph 2-20 d (4) above. Transportation of this material off-site must be accomplished by an approved DOT method. In most cases, lead contaminated debris will be placed in a sift-proof, roll-off container or trailer, covered by a secured tarp. As stated above, if shipment is not approved due to improper methodology or inadequate transportation vehicle, the Manifest will not be signed and the material may not be removed. Costs incurred for the delay in shipment will be the responsibility of the contractor.

f.

NOISE: The maximum use of “low-noise emission products,” as certified by the Environmental Protection Agency, shall be required when available. Blasting or the use of explosives will not be permitted.

g.

CLEAN AIR/CLEAN WATER: The contractor shall not utilize equipment that has emissions which exceed limitations under the Clean Air Act and the facility’s Title 5 Permit. Steps shall be taken to prevent the discharge of pollutants into or on any land or water.

2-21 PRELIMINARY AND FINAL INSPECTIONS: The contractor shall coordinate with the COR at least 14 calendar days in advance of project completion to allow scheduling of the preliminary and subsequent final inspections.

2-22 PHASING OF EXCAVATION FOR UTILITIES: Excavation shall not begin until materials and equipment for that specific portion of the job are on site. Backfilling and tamping of the excavation shall be accomplished immediately after installation of the utility. Mechanical tamping and compaction of the soil are required to return excavated areas to at least 95% of the previous compaction. Multiple tamping shall be mandatory when required by the contract.

2‑23 SITE RESTORATION: Rough grading of utility cuts shall be accomplished immediately after backfilling and mechanical tamping of the excavated trenches. Final grading, including the placing of topsoil if required, shall be accomplished as specified in the contract or agreed to by the COR/COTR. Required landscaping, sodding, or seeding shall be accomplished at the earliest possible time after backfilling, as stipulated in the Technical Provisions of the contract. Final grading, landscaping, sodding, or seeding will not be required more frequently than once a week, unless otherwise specified in the contract. Where feasible, excavation and backfilling shall be performed on the same day. Seeding and sodding shall conform to the BARC Seeding and Sodding Standard.

2-24 CUTTING, WELDING, BRAZING, AND HOT WORK OPERATIONS: When cutting, welding, soldering, or brazing operations are performed, the contractor shall fill out the BARC burn permit. The filled-out burn permit shall be furnished to the COTR and posted at the job site. Cutting and welding equipment to be used shall be in satisfactory operating condition and in good repair. Fully charged and operable fire extinguishers, appropriate for the type of possible fire, shall be available at the work area. Fire watchers shall be familiar with the facilities and procedures for sounding an alarm in the event of a fire. All work shall be carried out in conformance with Section 51B, National Fire Protection Association. Failure to comply with the standard, or the practice of unsafe work procedures, will be cause for a temporary delay of work by the COR/COTR, Job Inspector, Safety Manager, or the EPS Project Representative.

2‑25 TRUCK HAULING ON BARC: The contractor shall be responsible for covering open‑bodied vehicles that are transporting sand, gravel, fill materials, dirt, construction debris and any other material which may become airborne and/or possibly create air pollution while on BARC.

2‑26 SMOKING RESTRICTIONS: Smoking by contractor personnel shall be prohibited inside all BA laboratories, offices, residences, attics, basements, storage facilities, and in any area clearly marked "NO SMOKING." Smoking is permitted only in designated smoking areas. The contractor is advised that combustible, volatile substances are stored and utilized in buildings and laboratory facilities at the BA. The location of these flammable and volatile substances may not be readily apparent to those who do not regularly occupy a building or laboratory facility.

2‑27 WEEKENDS/AFTER HOURS/NOTIFICATION OF EMERGENCIES: The contractor shall supply names and telephone numbers of contractor personnel that could be contacted in the event of an emergency during non‑work hours.

BSC-1