A.01.38 - 010000 Special Conditions.pdf

COE-N - Repair Building 42 DLA 2130170

DOCUMENT 01 00 00

SPECIAL CONDITIONS

PART 1 GENERAL

1.1 GENERAL

These Special conditions relate to Sections of the general Conditions of the Construction management Contract (DGS-30-057, CO-7CM, Rev 05/15). The Special Conditions set forth specific requirements for the project, but do not alter the nature or intent of any provisions of the General Conditions or Supplemental General Conditions.

1.2 FIELD ENGINEERING SURVEYS AND LAYOUT OF WORK

A. The Contractor shall provide all engineering, surveying and layout operations of his work.

B. Layout: It shall be the COntractor's responsibility to accurately layout all utilities and site features as indicated. Should any discrepancy or conflict be discovered, the Contractor shall contact the Architect-Engineer for an interpretation before proceeding with the work.

The Architect-Engineer reserves the right to make adjustments to any layout indicated.

C. Survey Procedures: Verify layout information shown on the drawings, in relation to property surveys, existing floor plans, benchmarks and existing structures before proceeding with layout of the actual work. As work proceeds, check every major element for line, level, and plumb (as applicable) and maintain an accurate surveyors's log or record book of such checks, available for inspection, showing deviations from required lines and levels, and advise the Architect-Engineer promptly upon detection of deviations exceeding indicated or recognized tolerances.

Record deviations which are accepted (i.e. not corrected) on the record drawings.

D. The Contractor shall consult with on-site maintenance and utility staff, The Owner's project inspector, and all utility entities so as to assist with the location of existing utilities and underground encumbrances. Defense Supply Center Richmond (DSCR) owns all utilities onsite and will mark utilities once, then it will be the Contractor's responsibility to maintain utility markings. Engage a utility locator service to assist with any required utility locations and to maintain utility markings as needed. It is the Contractor's responsibility to locate all utilities that may affect the work. Existing utilities as may be indicated on the drawings have been located from information provided by the Owner, existing site utility documentation and site observances.

the information requires verification by the Contractor.

1.3 INSTALLATION ACCESS REQUIREMENTS

A. The Contractor shall have to obtain access badging for all construction personnel in accordance with defense Logistics Agency Installation requirements for DSCR. To receive a temporary visitor identification card and vehicle pass, drivers must present a valid drivers' license, current vehicle registration form and proof of

SECTION 01 00 00 Page 1 insurance. Non-drivers must present a valid photo identification card. The process for personnel access badges is as follows:

1. All contractors must successfully complete the vetting process, which includes a check of each person through the Virginia's Criminal Information network (VCIN).

2. This is performed at no cost to the Contractor.

3. Contractor information will need to be completed in a form specific to DSCR and includes the following:

a. Company Name

b. Full name, including first, middle and last (no initials, no nicknames).

c. Date of Birth

d. Social Security Number

e. Race

f. Gender

g. Place of Birth

4. The form must be submitted electronically to DSCR liaison and cannot be handwritten and nothing can be left blank. Provide complete names, with no initials.

5. Once the background checks are completed, the results will be forwarded to the Contractor. Those personnel approved will need to take that e-mail with the approved background checks noted to the visitor center to have a 12 month pass issued. Each person must pick up their badge in person.

6. Non-resident aliens who have entered the country illegally or individuals who do not have the proper documentation are not permitted on the Center under any circumstances.

7. ID badges and vehicle registration are required for all personnel entering the Center. IF Badges must be displayed at all times.

8. In accordance with Title 50, USC, all vehicles and persons entering a federal installation are subject to search.

9. Badge requests shall be made no less than five (5) working days ahead of the anticipated access or project start date. Exception to the five days requirement is for foreign national visits which require 30 day notification.

B. Contractor Vehicles: The Contractor established POC (company rep, supervisor, etc.) must provide vehicle information for ALL vehicles that require access to the Center to the Government POC. The Government POC will e-mail vehicle information to Vehicle Registration. The supervisor/foreman must register all company vehicles that will be used on the project and obtain contractor controlled passes, as needed. Only company vehicles displaying an area pass are allowed in the controlled area. All privately-owned vehicles (POVs) not need to transport tools, materials, etc., will park outside the controlled area. All company vehicles entering the DLA Distribution Richmond or DLA Distribution Mapping area must have company markings. All identification and registration media must be returned upon completion of the project, termination of the contact, termination of a worker by their supervisor, SECTION 01 00 00 Page 2 or termination by the DLA Aviation Commander or his designee.

C. Parking and Speed Limits: Contractors using POVs are forbidden to park in spaces reserved for Center employees. All park- ing spaces at the Center are open parking spaces, unless a sign is posted reading "Reserved", "Visitor", "Government Vehicle", "Handicapped", or "Carpool".

Traffic tickets will be issued for all violations in accordance with DSCR Directive 5525.A, Motor Vehicle Traffic Policy. The speed limit on the Center is 25 mph, unless otherwise posted. Speed is controlled by radar, and violations will result in issuance of a Federal Summons.

D. Cell Phone Usage: The use of cell phones while driving on government installations is now restricted to hands-free devices only.

1.4 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

A. DLA Installation Support at Richmond has also implemented and maintains an ISO 14001 registered Environmental Management System (EMS).

This system is applicable to all tenant organizations, all employees, all contractors working on behalf of the installation and all visitors. All visitors to the installation and all contractors working on behalf of the installation must be aware of their roles and responsibilities within this system and the impact that their actions may have upon the environment.

They must further understand the importance of conformity with the EMS environmental policy and procedures and with the requirements of the environmental management system. Questions regarding the EMS may be addressed to the DLA Installation Support at Richmond Environmental Branch at (804) 279-4830

B. Hazardous Waste and Materials Management - Disposal of hazardous waste, including contaminated soils or refuse, will be done in accordance with all regulatory requirements. All hazardous waste shall be segregated and stored with respect to its chemical compatibility. Waste generation and disposal must be coordinated with the DLA Installation Support at Richmond Environmental Branch at (804) 279-4830. Copies of transportation/disposal manifests from hazardous waste generation and liquid industrial waste (non-hazardous) requiring manifest or bill of laden must be sent to the Environmental Branch. If there are operations involving the removal of unbroken bulbs containing mercury or other hazardous constituents the contractor shall notify the DLA Installation Support at Richmond Environmental Branch at (804) 279- 4830 of the need to remove bulbs from the work site. Hazardous and other material brought on site by contractors to perform a job shall be removed upon completion of the job.

C. Storm Water and Waste Water - If more than 2,500 square feet of land is to be disturbed (such as in construction or demolition) a Virginia Storm Water Management Program General Permit for Discharges of Storm water from Construction Activities (VAR10) must be issued by the Virginia Department of Conservation and Recreation per the Chesapeake Bay Ordinance. Soil disturbing projects less than 2,500 square feet in site should employ sediment and erosion controls but do not require a permit.

No significant waste quantities (more than 10,000 gallons per day) may be discharged into the sanitary sewer system without prior approval from Chesterfield County and DLA Installation Support at Richmond Environmental Branch. No non-storm water discharges to the storm sewer system are permitted unless they are specifically identified as allowable in 9VAV25-151-70D.

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D. Erosion and Sediment Control - Any work that will disturb earth surface must be restored to its original condition and will use, as necessary, erosion and sediment controls of both and engineering and vegetative nature. When a contractor excavates, all steps necessary to prevent erosion will be applied. All erosion and sediment control measures shall be in compliance with The Virginia Department of Conservation's Virginia Erosion and Sediment Control Handbook.

E. Spill Control and Countermeasures - Oil handling contractors must be aware of nearby storm and sewer drains prior to handling petroleum products. Any spills should be reported immediately to the Police/Fire Dispatcher by calling 279-3131. In the meantime, any leaking containers must be turned over, patched, or placed into larger containers to prevent further leakage. Spill kits located in petroleum storage areas may be used to stop spills from entering nearby storm and sewer drains.

F. Storage Tanks - Temporary or transportable above ground storage tanks housing hazardous chemicals shall be surrounded by an effectively sealed (i.e., leak proof) berm capable of containing 110 percent of the tank's capacity. Temporary fuel oil tanks are to be double-walled and labeled with its content. No single-walled tank sitting inside an opened secondary container will be allowed. Tank truck loading/unloading operators shall follow standard procedures and meet minimum requirements established by the Department of Transportation. Drivers shall check drains and outlets on the truck for leakage and spill/overfill catchments for product prior to departure from the Center. Any visible product will be reported to the spill clean-up team

G. Air Emissions - Air emissions on the Center are regulated under the Clean Air Act. The intent of these regulations is to control air quality by reducing or eliminating hazardous air emissions. Notify the Environmental Branch for questions relative to the Clean Air Act requirements.

H. Asbestos - Asbestos Containing Materials (ACM) can be in the form of floor and ceiling tile, wall insulation, pipe lagging, sprayed-on fireproofing, duct wrap etc. If an unauthorized disturbance of ACM occurs during day operations, contact the DLA Installation Support at Richmond Environmental Branch at (804) 279-4830. Authorized contractors shall take adequate precautions to prevent asbestos from becoming airborne. Extra caution should be exercised when working near air intakes, exhausts, etc.

I. Pollution Prevention / Solid Waste Management - The contractor is to transport recyclable materials including construction debris that cannot be reused onsite to a valid recycling facility that reclaims and recycles these materials. The contractor is to maintain records (i.e., scale or recycling receipts that reflect quantity disposed) for all solid waste material reused or recycled. Contractor shall provide a copy of receipt from recycled concrete and debris to Project Manager and Environmental Office.

J. Environmental Restoration Areas - Contractors conducting intrusive earth work must have utilities cleared and marked before activities begin.

Furthermore, Land Use Controls (LUCs) have been specified at Operable Units where residual chemical concentrations could be unsafe for unrestricted use of unrestricted exposure. As such, pre-construction assessments must be accomplished by the Environmental Branch, (804) 279-4830, before any intrusive work is completed at any of the operable units.

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1.5 FIRE AND EMERGENCY SERVICES

A. Emergency Contact Phone Numbers for Police, Fire, Ambulance & Spill Response:

1. From a Government Phone: 911

2. From a Cellular Phone: (804) 279-3131

3. Non-Emergency: (804) 279-4888

B. Hot Work Permits: All work that may produce an open flame (soldering, cutting, welding, use of a torch) requires a Hot Work Permit.

Contact the Fire Prevention Office at (804) 279-6782. Give the location where you will be performing the work and type of work to be performed.

The Fire Prevention Office will send a representative to that location and inspect the area and issue the Permit. Provide a 24-hour notice when requesting a Hot Work Permit.

C. Material Safety Data Sheets (MSDS): It is important that any chemicals brought on the Center have proper MSDS on-site. All work shall be done in accordance with the applicable codes and/or ordinances in force at the time of construction. It is the Contractor's responsibility to insure that where EPA, DEQ, or other such regulations control the removal, handling, installation or disposal of materials, they shall be strictly adhered to whether or not specifically referenced in the construction documents. The Contractor shall have MSDA readily available at the site on any materials used to comply with OSHA and EPA. Reference FAR 52.223-3 "Hazardous Material Identification and Material Safety Data".

D. Emergency Medical Care: If required, Emergency care can be obtained by (using a cell phone): 279-3131 (using a government phone) call: 911.

The DLA Installation Support at Richmond ambulance will transport injured employees to the nearest medical facility as required. Other medical services will be the responsibility of the contractor.

1.6 SAFETY AND HEALTH REQUIREMENTS

A. The Defense Supply Center at Richmond enforces standards set forth in the Corps of Engineers Manual EM 385 1-1, Safety and Health Requirements Manual, 29 CFR 1910/1926/1960, General Industry/Construction Standards/Federal Employee (OSHA), National Electric Code (NEC) and National Fire Protection Association (NFPA) Codes, Virginia Occupational Safety and Health (VOSH). The entire manual can be found at:

www.usace.army.mil/inet/usace- docs/eng-manuals/em385-1-1/toc.htm .

B. Contractors shall comply with all pertinent provisions of the latest version U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 in effect on the date of the solicitation. The following summarizes the key points of EM 385-1-1, however this list is not intended to be all inclusive:

1. Responsibility - In requiring contractors to abide by EM 385-1-1, the Defense Logistics Agency (DLA) is not assuming responsibility for ensuring the protection of construction workers. That responsibility rest solely on the employee's employer, as evidenced by section 5 (a)(1) of the OSH Act.

2. Written Job-Specific Accident Prevention Plan - The Contractor may be required to submit a written job-specific accident plan.

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Contractor officials responsible for specific aspects of the plan must be identified.

3. Activity hazard analyses shall be prepared by the contractors performing the work activity. The analyses will define the activity being performed and identify the sequences of work, the specific hazards anticipated and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level.

4. EM385-1-1 vs OSHA/VOSH Requirements - In some cases EM 385-1-1 includes more stringent technical provisions than CFR 1926. In particular, the level of emphasis that EM 385-1-1 places on employee training and job site inspections suggests that these two elements are critical for preventing accidents. Additionally, VOSH has several Virginia- unique standards that may apply to a particular operation.

In each situation, the most stringent and conservative safety directive will be enforced.

5. Employee Training and Equipment - Employee shall be thoroughly trained to perform the duties assigned prior to arrival at the Center to perform work. Under no circumstance will DLA Installation Support at Richmond personnel provide training or Government-owned equipment to contract personnel, unless specified in the contract.

6. Job Site Inspections - OSHA require jobsite inspections by the contractor's competent person. EM 385-1-1 stipulates that "contractor quality control personnel, as part of their quality control responsibilities, shall conduct and document daily safety inspections." Identified safety and health issues and deficiencies and the actions, timetable and responsibility for correcting the deficiencies shall be recorded in inspections reports. It also requires follow-up inspections to ensure correction of any identified deficiencies shall be conducted and documented.

7. Confined Spaces - All Confined Space Entry will be conducted under the direction of the Contractor's Confined Space Competent Person (CSCP). The Contractor is solely responsible for ensuring that all employees are properly trained and equipped with monitoring devices, retrieval equipment and rescue personnel and equipment as determined by the CSCP. All completed Permit Required Confined Space Permits will be subject to periodic review by DLA Installation Support at Richmond Safety, Fire and EMS personnel.

8. Lockout / Tagout - Proper energy control programs must be utilized at all times to control employee exposure to the unexpected start-up or energization of equipment. The contractor is responsible for providing their own lockout devices and tags and also coordinating lockout/tag out efforts with DLA Installation Support at Richmond Facilities Engineering personnel. Daily inspections shall be conducted and documented to ensure that all requirements of the hazardous energy control procedures are being followed.

9. Trenching and Excavation - The Contractor is required to provide a competent person to oversee all trenching and excavation work.

Documentation of competent person training shall be provided upon request. The competent person shall inspect the trench or excavation daily and as required by EM 385-1-1 Section 25. All personnel operating heavy equipment and machinery shall be trained to operate such equipment and documentation of training shall be provided upon

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10. Cranes and Hoisting Equipment/Rigging - Cranes and hoisting equipment shall be operated only by designated qualified personnel.

Proof of qualifications shall be in writing and provided to the contracting officer upon request. Rigging shall be inspected by a Competent Person before use on each shift and as necessary during its use to ensure that it is safe.

11. Fall Protection - The fall protection threshold height requirement is 6 ft. for all work. Any Contractor with personnel working at heights and exposed to fall hazards shall develop a Site-Specific Fall Protection and Prevention Plan and submit it to the Contracting Officer for acceptance prior to the start of work.

12. Work Platforms and Scaffolds - Work platforms and scaffolds shall comply with fall protection and appropriate access requirements of EM385-1-1 Section 24, C and E and 29 CFR 1926 standard. All provisions for access and fall protection shall be delineated in the required Site-Specific Fall Protection and Prevention Plan. Erection, moving, dismantling, or altering work platforms shall be under the supervision of a Competent Person. Contractors shall us a scaffold tagging system in which all scaffolds are tagged by the Competent Person. Tags shall be color-coded: green indicating the scaffold has been inspected and is safe to use; red indicating the scaffold is unsafe to use. Tags shall include the Competent Person's name and signature and the dates of initial and last inspections.

13. Contractor shall maintain an OSHA 300 Log throughout the duration of construction.

14. DLA Installation Support Safety Specialists or Industrial Hygienists - Periodic inspections of contractor job sites will be conducted to ensure compliance with applicable standards. Violations will be reported to the contracting officer. When inspecting, the Safety Specialist or Industrial Hygienist reserves the right to stop operations when violations could cause severe injury, death and/or serious property damage. Frequent safety violations will be addressed through the Contracting Officer. Continued serious compliance issues may be reported to the federal Occupational Safety and Health Administration (OSHA). Inspections and tests are for the sole benefit of the Government and shall not relieve the Contractor of the responsibility of providing quality control measures to ensure that the work strictly complies with the contract requirements. No inspection or test by the Government shall be construed as constituting or implying acceptance. The DLA Installation Support at Richmond Safety and Occupational Health Chief will be available to provide technical assistance as required and may be contacted by calling (804) 279-4830.

1.7 SUBSTANCE ABUSE POLICY

A. Purpose: In order to maintain a safe, healthful, and efficient work environment, and to minimize absenteeism and tardiness, the Defense Logistices Agency reserves the right to require the Contractor to implement a Substance Abuse Policy (hereinafter the "Policy") meeting the minimum criteria set forth herein. The Policy requirements defined herein shall supplement and not void or supersede requirements of General

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Conditions Section 50.

B. Fundamental Prohibition. Contractor shall develop, promulgate, and enforce a Policy which prohibits the possession, distribution, promotion, manufacture, sale, use, or abuse of illegal unauthorized drugs, drug paraphernalia, controlled substances, and alcoholic beverages (hereinafter "Drugs") by an category or Contractor employee, agent, or any person otherwise under the Control of Contractor, including employees and agents of subcontractors and consultants (hereinafter "Employees"), while on any premises, including the worksite, or while otherwise working on the Project. Further, employees shall be prohibited from reporting to the Premises under the influence of Drugs which affect their working ability or safety, including but not limited to their alertness and coordination.

The Policy must apply to all categories of Employees, including but not limited to regular, part-time, probationary, casual, and contract employees of Company, as well as to employees and agents of subcontractors and consultants and Contractor shall take whatever legally permissible steps which are necessary and appropriate to enforce compliance with this Policy.

C. Employees governed by the Policy may possess a prescription medication in its original container and prescribed for current use of the person in possession by an authorized medical practitioner; provided that the Contractor shall provide a mechanism to ensure the Employees taking prescription medicine inform Contractor about potential side effects of medication which may affect their work ability, particularly their alertness and coordination, safety, and the safety of others.

D. Drug Testing: The Defense Logistics Agency (DLA) may at its discretion, require the Contractor require all Employees undergo drug screening testing to determine the presence of use of any illegal or unauthorized drugs or substances ("Testing") as an initial condition of assignment to the Project or continued assignment to the Project. The Contractor is to provide evidence to DLA that each employee has passed a drug screening test if so requested. In addition to the initial testing, the Contractor has the right to conduct such Testing under the following circumstances.

1. Accidents or Safety Violations - Following an occupational injury requiring treatment by a physician, a potentially serious accident or incident involving rules or safety regulations, damage to equipment or property, unusually careless acts or in instances where the accident or incident was due to failure to wear prescribed protective equipment while working on the Project or on the premises.

2. Reasonable Suspicion of Illegal Drug Use - Where reasonable suspicion exists that an Employee exhibits signs of intoxication, drug influence or other behavior causing prudent and reasonable person to have concern for the safety of such Employee, other Employees or the general public.

3. Suspicious Incidents and Occurrences - Where there is a reasonable suspicion, based on demonstrable information, such as an unusual number of post-accident positive test results, incidents of theft, lost productivity, unexplained personal behavior or other facts, the specific Employees or other designated work groups, including but not limited to entire crews, work sites, shifts, or sensitive job classifications, are under the influence of Drugs.

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4. Discovery of Illegal or Unauthorized Drugs or Drugs paraphernalia

- Where an Employee is found in possession of Drugs or when any Drugs are found in an area controlled or used exclusively by such Employees.

5. Random Testing - Includes all Employees in positions where unsafe work behavior , performance or error in judgment cause by Drug abuse may affect the safety of operations or the well-being of Employee, other personal or the general public.

E. Testing Guidelines: In instances when Testing is conducted, Conductor must require the Employees produce a urine sample at the testing site and such sample shall be tested for at least the following substances:

Cocaine, metabolite, methaqualone, opiates, phencyclidine, amphetamines, barbiturates, benzodiazepines, and cannabinoids. Samples will be collected, sealed, and monitored by professional collection specialists and transported to an approved laboratory for actual testing using immunoassay (sensitivity test). All first-test specimens which are initially identified as positive shall be confirmed by a second test using gas chromatography/mass spectrometry (BC/MS) techniques (specificity-type methodology.)

F. Sanctions: Employees produce a confirmed positive test will be permanently prohibited from entering the premises and working on the project.

G. Enforcement: Contractor will discipline Employees appearing on the premises under the influence of Drugs, including if necessary or warranted, removal from the premises or undertaking appropriate legal action.

H. Contractor shall obtain all appropriate permission so that Employees entering, departing or on the premises, shall upon request of the Contractor, undergo a search of their person, locker, desk or property under their control, including Employee's personal effects and automobile located on the premises, for Drugs where a reasonable basis exists to suspects Employee's work performance or on the job- behavior may have been affected by Drug use of that Employee has sold, purchased, used, or possessed Drugs on the premises.

I. Additional Grounds for Being Barred from the Premises: In addition to providing for the barring of an Employee from the Premises and the Project for a confirmed positive tests, the Policy shall include legally permissible provisions by which Employees may be barred from premises and the Project for:

1. Refusal to submit a search or inspection, urine drug or blood test when request by the Contractor.

2. Degrading, diluting, switching, altering or tampering with a Testing sample.

3. Using, manufacturing, distributing, dispensing, while on the Premises, any illegal or unlawful drug.

4. Any Employee's off-duty possession, use, sale, manufacture or abuse of any illegal drug, whether or not resulting in criminal

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1.8 ENVIRONMENTAL PROTECTION

A. Questions regarding the EMS may be addressed to the DLA Installation Support at Richmond Environmental Branch at 279-4830.

1.9 SPECIAL INSPECTIONS

A. The Owner will contract for special inspections required by the Commonwealth of Virginia Construction and Professional Services Manual, including those required by the 2012 VUSBC. DGS-30-052, Form 6a and 6b which identifies the special inspections anticipated for this project are incorporated herein as a reference. The Contractor shall cooperate with the Owner's Special Inspectors by providing adequate notice for when inspections will need to be performed in order to maintain schedule and progress of the work. Adequate notice shall be defined as in writing a minimum of 24 hours for any compaction or soils related testing and 48 hours for all other inspections. The Contractor shall also confirm that the scheduled inspection can occur as requested and not assume that the notice itself was received and can be accommodated. The Contractor will also provide for appropriate access for inspectors to be able to conduct their inspections. Access shall include, but not be limited to: lifts, platforms, walks, ladders, lighting and operators or other labor necessary to provide access to the applicable area. All such devices shall be in good and safe working order and shall meet all OSHA standards.

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