01011_General_Conditions.rtf

01011-2

SECTION 01011

GENERAL CONDITIONS

INDEX

GC-1. Access to Job-Sites in Security Areas

GC-2. Department of Agriculture Quarantine

GC-3. Disposal of Waste Material

GC-4. Excavation Clearance/Digging permit

GC-5. Fire Prevention and Protection

GC-6. Fuel Burning Equipment

GC-7. Hazardous Area Work Permits

GC-8. Lyme Disease Warning

GC-9. Maryland Department of the Environment (MDE) Permits

GC-10. Range Briefings

GC-11. Refrigerant Management

GC-12. Safety

GC-13. Submittal Register and Progress Schedules

GC-14. Unabsorbed Overhead Delay Damages

GC-15. Utility Outages

GC-16. Warranties

GC-17. Water Supply

GC-18. Working Hours

GC-19. Worksite Appearance and Security

GC-20 No Office trailer or Storage Area on Post

GC-21 Communication

GC-1. ACCESS TO JOB-SITES IN SECURITY AREAS: For job-sites at Aberdeen Proving Ground in security areas, contractors/contractor employees entering these areas must, at minimum, have a photographic security badge or be escorted by a person having such badge. One person with a security badge may escort up to four persons without a photographic security badge, provided all remain together and within sight of the escort. Immediately after award of contract the contractor shall submit applications for his employees. Forms may be obtained from the Administrative Office in Building 4304. Badge applications require approximately six (6) to eight (8) weeks for processing after receipt of applications.

Certain areas are more restrictive than outlined above.

All personnel and equipment entering secure areas shall be subject to applicable local and federal regulations.

GC-2. DEPARTMENT OF AGRICULTURE QUARANTINE: See Section 01561.

GC-3. DISPOSAL OF WASTE MATERIAL: See Section 01561.

GC-4. EXCAVATION CLEARANCES/DIGGING PERMIT: The contractor shall obtain an approved Excavation Permit SSB Form 1247-R, 1 May 01 Titled. “ UPDATED EXCAVATION PERMIT” from the COR. The contractor shall complete a digging/excavation permit for each delivery order before starting any excavation work. The contractor shall initiate the permit process by filling out and completing Section A Titled “Excavation Information”. All forms must be completed and signed by contractor and submitted with a sketch of the area the work is to be completed. The contractor shall show on the sketch the limits of disturbance and shall white line in the field the actual limits of disturbance. Processing will normally require seven (7) to ten (10) working days. The contractor shall be responsible to update the APG permit every 30 (Thirty) days. A copy of the excavation permit shall be required to be on site during the excavation with the contractor, subcontractor or any individual(s) representing the contractor to complete the required work.

There are non-government owned utilities on APG, such as; Comcast, Bell Atlantic/Verzion, BGE, City of Aberdeen Water & Sewer, etc. The contractor is required to contact “MISS UTILITY” and shall be required to update Miss Utility every 10 days.

All damage to identified utilities shall be the fiscal responsibility of the contractor, to include any peripheral loss imposed on the organizations and tenants of Aberdeen Proving Ground (e.g. damage to facilities, equipment, loss of productivity due to loss of any utility).

Should the contractor encounter unidentified utility lines, all excavation work shall stop, and the COR notified immediately. Excavation work is not permitted until the utilities are properly identified, and the COR issues a notice to proceed.

Permits shall be good for 30 calendar days from date of issuance. Contractor shall be responsible for obtaining renewals to maintain permit status.

GC-5. FIRE PREVENTION AND PROTECTION: The contractor shall comply with all fire prevention measures prescribed in the installation fire regulations, a copy of which is on file in the office of the COR. A written fire permit shall be obtained by the contractor from the Fire Prevention and Protection Division (FPPD) prior to use of open flame devices, such as blow torches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment. The contractor shall be liable for any fire damage to Government property attributable to negligence on the part of the contractor, including failure to comply with fire prevention measures prescribed by terms of this contract. Contractors may call Barry Bennett at the FPPD at (410) 306-0501 OR 306-0572 for on-site inspection, or report to Building 2200, Aberdeen Boulevard, to receive specific fire instructions if in the Aberdeen Area. Edgewood Area contractors should call (410) 671-4451 or 671-4452, or visit Building E-5180.

EMERGENCIES: IN CASE OF AN EMERGENCY DIAL 911

GC-6. FUEL BURNING EQUIPMENT:

a. Fuel burning equipment installed under this contract will be supplied with Reasonably Available Control Technology (RACT) which reduces emission of nitrogen oxides (NOx). Manufacturers offer low NOx burners as optional items on their equipment. These low NOx burners shall be selected and their price included in the contractor's bid.

b. As an alternative to RACT compliant burners the contractor may choose to meet an emission limit as follows:

NOx Emission Limits (24 Hour Average)

Fuel

Gas Only Gas & Oil Tangential- Fired (Lbs/MBtu)

Wall-Fired (Lbs/MBtu)

Cyclone (Lbs/MBtu)

Not appl 0.43

GC-7. HAZARDOUS AREA WORK PERMITS:

a. Where a work site is included in an area known, or suspected, to contain hazardous materials, a Hazardous Area Work Permit (HAWP) will be included in the specification after the section "Statement of Work". A copy of the permit shall be posted by the contractor in full view at the work site. The contractor shall be responsible to inform all his personnel and assure they conform to the special requirements directed by the permit. Non-conformance will result in a work stoppage until the situation is corrected, at no expense to the Government.

b. Hazardous materials include, but are not limited to, National Priority List (Comprehensive Environmental Response Compensation and Liability Act (CERCLA)), chemical surety materials, hazardous chemicals, carcinogens, asbestos, explosives, radioactive materials, etc. Hazardous materials may be encountered at work sites at Aberdeen Proving Ground.

c. When a HAWP is not included with the specification, the work site is in an area not known or suspected to contain hazardous materials. However, during operations such as excavation or demolition, materials may be uncovered which could be hazardous (e.g. asbestos). If contractor personnel encounter materials, either known hazardous materials or unrecognized materials, they should stop work in that area immediately, and notify the COR or the KO. Work may be resumed after identification of the material, and notification of work constraints, if any, caused by the materials.

GC-8. LYME DISEASE WARNING: The contractor is responsible for ensuring that his personnel take all reasonable precautions to avoid contracting Lyme Disease, to include: using repellents, wearing personal protective clothing and avoid the wearing of abbreviated clothing such as shorts, cutoffs, short sleeve shirts, tee shirts and sandals in areas where tick borne diseases are endemic. Particular attention shall be given to ticks and Lyme Disease prevention when working in grassy and wooded areas on Aberdeen Proving Ground.

GC-9. MARYLAND DEPARTMENT OF ENVIRONMENT (MDE) PERMITS: For articles or processes requiring MDE permits to construct or operate, and require shop drawings or manufacturer's data to obtain the permit, such as boilers, and incinerators, the following shall apply:

a. The permit application shall be initiated by the contractor. After completion of those portions pertaining to the equipment to be furnished under contract, the application shall be forwarded, through the COR, to DSHE for completion and submission to the MDE. The permit application shall be submitted within ten workdays of approval of the submittal for the equipment.

b. It is the contractor's responsibility to provide equipment or systems capable of construction and operation under MDE permit. The Government shall not accept a system not operable under state of Maryland law.

c. If a permit from the State Historic Preservation Office (SHPO) is required, the Government will make it available by the time the "Notice to Proceed" is issued.

d. The contractor is responsible to comply with all provisions of the permit(s). Non-compliance will result in the issuance of a stop-work order from the Contracting Officer, and work will not be allowed to resume until corrective actions have been taken.

e. For further information, see Section 01561, the applicable portions of Paragraphs 5.0 and 16.0 entitled "POLLUTION PREVENTION" and "ENVIRONMENTAL PERMITS" respectively.

GC-10. RANGE BRIEFINGS: Work shall be scheduled and coordinated with the applicable APG tenant organization. If the work site is in a range area or in close proximity to a range area, the contractor will be briefed and provided with written instructions on range procedures prior to start of work (see APGR 385-1). This information will include safety requirements such as range clearance/control procedures, emergency procedures, communication requirements, etc. The contractor shall disseminate these procedures and information to all contract and sub-contract personnel.

GC-11. REFRIGERANT MANAGEMENT: In line with federal environmental laws and regulations regarding the handling of chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) refrigerants, the following applies:

a. The contractor shall not intentionally vent any refrigerants to the atmosphere.

b. When performing work requiring the opening of existing air conditioning or refrigeration systems, the refrigerants shall be recovered using EPA-approved recovery or recovery/recycle equipment and storage vessels.

c. On systems to be reused after completion of work, the contractor shall install new or reclaimed refrigerant.

d. New or replacement air conditioning/refrigeration equipment shall be installed with specified HCFC refrigerants. No refrigerant shall be used having an Ozone Depletion Potential (ODP) equal to or greater than 0.05 (based on R-11 = 1.0).

e. Refrigerant recovered and not to be reused shall be properly labeled as "Recovered Refrigerant", with the type (R-11, R-12, etc.) indicated, and turned over to the COR.

f. See also Section 01561, applicable portions of Paragraphs 5.0 and 10.0, entitled "POLLUTION PREVENTION" and "SPECIFIC DISPOSAL METHODS" respectively.

GC-12. SAFETY:

a. All operations shall be performed in accordance with OSHA 29 CFR 1910 and 1926, and the Code of Maryland (COMAR), including the High Voltage Act. Where Army regulations are more stringent, Army regulations govern. Applicable Army Safety Regulations include, but are not limited to: AR 385-10, The Army Safety Program; AMCR 385-100, Safety Manual; APGR 385-4, The APG Safety Program; and EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual. Regulations are maintained in the Installation Safety Division (ISD) library, and are available for review upon request through the COR.

b. The contractor shall appoint a safety representative (competent person) to ensure compliance with safety regulations and to act as liaison between the contractor and the Installation Safety Division (ISD). ISD personnel will be available for regulatory compliance advice on any particular safety issue that may arise during normal course of operation.

c. Before work is started, the contractor's safety representative shall report to the Installation Safety Division, DSHE, for familiarization with safety requirements. The safety representative shall maintain an accurate record of and shall report to the Installation Safety Division exposure data and accidents resulting in death, traumatic injury, occupational disease or damage to property, materials, supplies and equipment incident to work performed under the contract.

d. The Contracting Officer will notify the contractor of any detected noncompliance with the foregoing provisions and action to be taken. The contractor shall, after receipt of such notices, immediately correct the conditions. Verbal notice, when delivered to the contractor or his representative at the site of work, shall be deemed to be sufficient for this purpose. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made subject of claim for excess costs or damages by the contractor.

e. CONFINED SPACE: No confined space shall be entered without approval of an entry permit under provisions of 29 CFR 1910.146 and APG Regulation 385-4, and appropriate monitoring.

GC-13. SUBMITTAL REGISTER AND PROGRESS SCHEDULES: Contractor shall prepare a register of all items required to be submitted under the contract. The contractor shall prepare a schedule in accordance with Contract Clause entitled "Schedule For Construction Contracts" (FAR 52.236-15) which shows milestones and intervals for contract completion. The register and schedule shall be delivered to the Contracting Officer within ten calendar days after the contractor's receipt of "Notice to Proceed".

GC-14. UNABSORBED OVERHEAD DELAY DAMAGES: Compensation for unabsorbed overhead in the event of a compensable delay during which the contractor is forced to stand by, whether calculated by the Eichleay Formula or any other method, is not automatic. During any such delay, it is the duty of the contractor to seek out new contracts or additional work opportunities to mitigate delay damages. To substantiate entitlement to unabsorbed overhead damages, the contractor must first demonstrate the nature of the delay made it impractical to mitigate delay damages by undertaking new work.

In submitting any claim for delay damages for unabsorbed overhead, regardless of length of delay, the contractor must list all work performed during the delay period. This list shall include date of each contract or agreement, the period of performance and any other information required by the Contracting Officer.

No compensation for unabsorbed overhead will be payable except for under absorption caused by the compensable delay. In submitting any claim for delay damages for unabsorbed overhead, the contractor must prove all opportunities, prime or sub-contract or bonded or unbonded, it could have undertaken but for the delay. The parties to this contract agree that if no additional work opportunities arise during any delay period in excess of 14 days, under absorption of overhead would be caused by lack of opportunity and not the delay under this contract. In the absence of opportunity to take on additional work, the contractor will be entitled to no additional unabsorbed overhead costs under this contract.

In the event new work opportunities do arise during a compensable delay, the contractor will provide notice to the Contracting Officer of such new contracts or other additional work opportunities as they become available during the delay period. The Government will be liable for no unabsorbed overhead costs which arise during the delay period in the absence of an opportunity to adjust the performance schedule to enable avoidance of such costs.

GC-15. UTILITY OUTAGES:

a. General: All utility service outages shall be at the convenience of the Government, and normally scheduled during off-duty hours or weekends. Outages shall be requested in writing to the Contracting Officer no less than three weeks (21 days) in advance.

b. Electrical: Work on high voltage primary lines shall be accomplished while lines are de-energized and grounds are in place. If this is not practical, permission may be requested through the COR, in writing, to allow work while energized or hot. If permitted, contractor shall be subject to all OSHA requirements for equipment and worker protection.

GC-16. WARRANTIES: Before final acceptance, the contractor shall provide to the COR a list showing all products and installed equipment that are covered by warranties, and the length of time the warranty is in effect.

a. Warranties shall be provided at no additional cost to the government.

GC-17. WATER SUPPLY: Any temporary or permanent connection to the potable water supply shall be separated by a vacuum breaker or appropriate backflow prevention device in accordance with the National Plumbing Code and the American Water Works Association. See Section 01561, Paragraph 5.1.3, Water and/or Sewer Lines, for additional information.

GC-18. WORKING HOURS

Normal working hours on APG are the hours from 7:30 a.m. to 5:00 p.m., local time, Mondays through Thursday, with alternating Fridays shut down and intermediate Fridays working from 8:00 a.m. to 4:30 p.m.; federal holidays excepted.

In other words, during a two week (80 hour) period the installation operates eight (9) nine hour days, and one (8) eight hour day (first Friday), with the tenth day of the period (second Friday) being a common day off.

Some areas are subject to alternate work schedules and may hinder access for what has been given as normal duty hours.

The contractor will not normally be expected to work during Federal holidays. Requests to work hours other than those specified shall be submitted no less than 24 hours prior to the time the Contractor desires to perform such work. The requests shall include Contract number / delivery order number, building number or site location, date of work, anticipated number of personnel, and anticipated working hours.

GC-19. WORKSITE APPEARANCE AND SECURITY: Contractor shall maintain worksite to be reasonably neat in appearance. This shall be done by daily cleanups of dust, construction debris, etc. at the end of the workshift. Contractor tools and materials shall be secured by the contractor under lock and key. Contractor shall ensure that, at the end of the work shift, the building exterior doors and windows are secure to prevent access to the building interior. This requirement applies to all jobsites, including those within restricted areas of APG.

GC-20. NO OFFICE TRAILERS OR STORAGE AREAS ON POST: Space will not be provided on APG for office trailers or storage of materials.

GC-21. COMMUNICATION: The on-site superintendent/project forman shall have a cell phone or other means of providing immediate communication with government representatives any time contract personnel are on the installation.

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