Att F2_011000 Summary.pdf

NIST Gaithersburg CUP Modernization Design-Build SECTION 011000 Summary

NIST Office of Facilities & Property Management Mar 25, 2024 011000-1

SECTION 011000 – SUMMARY

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.

B. NIST Program of Requirements for Central Utility Plant Facility (CUP POR)

C. NIST Program of Requirements for Central Utility Plant Facility Appendices (CUP POR App)

D. For projects at the NIST Gaithersburg, Maryland campus, the Guidelines for OFPM Contractors and A/E Firms Performing Site Investigations and Fieldwork (including construction) at the National Institute of Standards and Technology also apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Project information.

2. Work covered by Contract Documents.

3. Phased construction.

4. Work performed by others.

5. Multiple Work Packages.

6. Work under separate contracts.

7. Future work not part of this Project.

8. Contractor's use of site and premises.

9. Coordination with occupants.

10. Work restrictions.

11. Specification and Drawing conventions.

12. Miscellaneous provisions.

B. Related Requirements:

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1. Section 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Government facilities.

1.3 PROJECT INFORMATION

A. Project Identification: CUP Modernization Design-Build, Gaithersburg, MD

B. Owner: National Institute of Standards and Technology

C. Architect/Engineer: To Be Determined. The Contractor's Designer(s) of Record.

D. Construction Manager: To Be Determined. The Government's Construction Manager (CMa) and Commissioning Agent (Cx).

1. Construction Manager has been engaged for this Project to serve as an advisor to the Government and to provide assistance in administering the Contract for construction between the Government and Contractor, according to a separate contract between the Government and Construction Manager.

E. Design-Builder: To Be Determined.

1.4 POINTS OF CONTACT

A. The work of this contract requires a strong and effective partnership between the Government and the Contractor. The contractor's management/supervision will interface with the Government through different personnel. The Contracting Officer (CO), the Contracting Officer's Representative (COR) and Project Manager (PM) will interface with the contractor. Each position holds different roles and responsibilities. It is imperative that the contractor understand these roles and responsibilities. The CO is the only person that has the authority to alter the terms and conditions of the contract. A COR has certain authorities for oversight of the contract. These authorities will be officially issued in writing to both the COR and the Contractor. Project Manager(s) have the overall responsibility for the individual projects as issued via task orders.

B. The contractor shall provide a single point of contact (POC), with an alternate, who shall both be available 24 hours per day, seven days per week, and 365 days per year via telephone.

1.5 CONTRACTOR’S MANAGEMENT AND SUPERVISION

A. The contractor's effort will extend beyond conventional single job design and/or construction efforts in that the contractor must plan, program, design, schedule, coordinate, manage, construct, and otherwise execute a flow of several independent orders simultaneously. The contractor must be capable of adjusting to a wide variation in the professional and craft mix between unrelated tasks without significantly impacting on-going work. The contractor is expected to select quality subcontractors and design firms as their team members and as necessary to perform elements of work. The contractor is expected to effectively manage project resources to ensure that the Government is provided with a coordinated level of effort on each assigned task orders.

B. The Government must consent prior to any changes or deviations to the contractor’s key personnel from those accepted in the successful proposal. Since the contractor’s management has the only direct interface with the Government, it is essential that all contractor key personnel remain

Mar 25, 2024 011000-3 briefed on the status of all tasks within the scope of this contract, such that the contractor can insure a prompt response to new or changed conditions with a minimum of disturbance to the Government. The contractor, during negotiations and prior to task order award, is expected to alert the Government to any areas of the project(s) that presents unique challenges that have the potential to increase or decrease the project cost or schedule. Together, the Government and the contractor will work through project challenges to arrive at a defined scope of work, schedule and a firm fixed price for the defined requirement.

C. The contractor shall obtain the consent of the CO prior to making key personnel substitutions.

Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the CO.

D. Requests for changes in key personnel shall be submitted to the CO at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. The CO will notify the contractor within 10 working days after receipt of required information of the decision on substitutions. The contract will be modified to reflect approved changes. Substitutions shall not take place until NIST security investigations required for the designated position have been completed.

1.6 WORK COVERED BY CONTRACT DOCUMENTS

A. The scope of this contract encompasses a broad variety of modification, rehabilitation, alternations, and new construction as Design-Build (D-B) projects in support of the Central Utility Plant Complex (CUP) Modernization. No Task Order shall be issued for design only.

B. The work may vary from routine general construction to installation of technically complex systems. The types of tasks anticipated may included, but is not limited to:

1. Mechanical Systems repair, construction, and/or replacement.

2. Electrical Systems repair, construction, and/or replacement.

3. Plumbing Systems repair, construction, and/or replacement.

4. Utility Infrastructure and Systems repair, construction, and/or replacement.

5. Structural and Foundation repairs and/or construction.

6. Fire Suppression Systems repair, construction, and/or replacement.

7. Life Safety System repair, construction, and/or replacement.

8. Communications Infrastructure or support facilities.

9. Control, Automation, and Monitoring systems repair, construction, and/or replacement.

10. Security systems.

11. Building construction for administrative, support, and storage spaces.

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C. The CUP includes Building 302 - the Steam & Chilled Water Generation Plant (B302), Building 305 - Cooling Tower (B305), Building 305V - Electrical Service Building (B305V), Building 306

- Electrical Substation (B306), Building 316 - Electrical Service Building (B316), and Building 317 - Cooling Tower (B317).

1. B302 is one of the first buildings constructed on the Gaithersburg campus and is 60 years old. It produces 150-psi steam and 42°F chilled water for the campus. B302 produces 125-psi compressed air for some buildings on campus.

2. B305 is Cooling Towers CT-1 through CT-8 serving chillers RU-1 through RU-6 in B302.

3. B305V is electrical services for B305 condenser water system.

4. B306 is electrical substation for distribution to the campus. It contains 13.8-kV switchgear connected to three 37.5-MVA PEPCO transformers located to the West of B306.

5. B316 is electrical services for B317 condenser water system.

6. B317 is cooling tower CT-9 serving chiller RU-7 in B302.

D. Type of Contract:

1. Project will be constructed under a single prime contract.

2. This is not a requirements contract or a job order contract. This is a single award task order construction contract (SATOC). The Government's minimum obligation under this contract is set forth in other areas of the contract.

E. Projects will be issued via Task Orders. Multiple Task Orders may be issued concurrently. The Contractor shall be responsible for integrating, managing, coordinating, and executing the design and construction work under this contract in accordance with the elements of the individual task orders.

1. Task Orders will define the required work to the greatest extent. The work descriptions may vary from basic narrative descriptions to detailed plans and specifications. This is dependent on the requirements, size, and complexity of the tasks. The work will require a variety of professional management, architectural, engineering, and craft skills.

F. The work requirements to be executed via this contract are critical to support the mission of NIST.

Other contractors and Government personnel may perform services which fall within the general description contained in this contract. It is the discretion of the Government as to how to execute work.

G. The Contractor shall provide management, supervision, labor, materials, tools, and equipment necessary for the performance of work in relation to this contract in direct support of the CUP Modernization in accordance with the Scope of Work, and as required.

1.7 PHASED CONSTRUCTION

A. Construct the Work in phases. Phases shall be developed by the Contractor in coordination with

NIST.

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1. This project affects system that are critical to NIST's mission. As such, NIST's Gaithersburg campus will remain in operation during construction. Phasing shall be established to minimize disruption to the Gaithersburg campus.

B. Before commencing Work of each phase, submit an updated copy of Contractor's construction schedule, showing the sequence, commencement, and completion dates for each phases of the Work.

1.8 WORK PERFORMED BY GOVERNMENT

A. Cooperate fully with the Government, so work may be carried out smoothly, without interfering with or delaying Work under this Contract or operation and maintenance work by the Government. Coordinate the Work of this Contract with work performed by the Government.

1.9 MULTIPLE WORK PACKAGES

A. Construction Documents for this Project will be issued in a series of Work Packages, each defining the Work under individual Contracts. Coordinate the Work under this Contract with separate contracts defined by other work packages. Work Packages shall be developed in coordination between the Contractor and the Government to align with the appropriations for this project in a given fiscal year.

1.10 WORK UNDER SEPARATE CONTRACTS

A. Work with Separate Contractors: Cooperate fully with the Government’s separate contractors, so work on those contracts may be carried out smoothly, without interfering with or delaying Work under this Contract or other contracts. Coordinate the Work of this Contract with work performed under the Government’s separate contracts.

B. Concurrent Work: These operations will be conducted simultaneously with Work under this Contract.

1. The Government has awarded separate contract(s) for the following construction operations at Project site.

a. Energy Savings Performance Contract with Johnson Controls, Inc.: This covers the maintenance of the Co-generation system and Chillers RU-5 & 6.

2. The Government will award separate contract(s) for the following construction operations at the Project Site.

a. Replacement of Underground Utilities. The current state of design is attached to the Statement of Work as NIST Schematic Design for Site Underground Utilities Replacement (SDRU) & Appendix (SDRU App). Contractor shall evaluate work in SDRU and SDRU App as it relates to work around the CUP and advise if any portions of SDRU and SDRU App should be a part of the CUP Modernization as a benefit to the Government.

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1.11 CONTRACTOR’S USE OF SITE AND PREMISES

A. The Contractor, its employees, and subcontractors shall become familiar with and obey NIST Site Regulations, including fire, traffic, and security regulations. Personnel employed on the site shall keep within the limits of the work (and paths of ingress and egress) and shall not enter any restricted areas unless required to do so and are cleared for such entry. The Contractor's equipment shall be conspicuously marked for identification.

B. Use of site and premises shall comply with Guidelines for OFPM Contractors and A/E Firms Performing Site Investigations and Fieldwork (including construction) at the National Institute of Standards and Technology.

C. Unrestricted Use of Site: Contractor shall have full use of Project site for construction operations during construction period. Contractor's use of Project site is limited only by the Government’s right to perform work or to retain other contractors on portions of Project.

D. Limits on Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Driveways, Walkways and Entrances: Keep driveways, loading areas, and entrances serving premises clear and available to the Government, employees, and emergency vehicles at all times. Do not use these areas for parking or for storage of materials.

a. Schedule deliveries to minimize use of driveways and entrances by construction operations.

b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

E. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair damage caused by construction operations.

F. Condition of Existing Grounds: Maintain portions of existing grounds, landscaping, and hardscaping affected by construction operations throughout construction period. Repair damage caused by construction operations.

G. Site Coordination: The Contractor shall coordinate with NIST through the COR for parking, material laydown and storage, construction trailers, fencing, etc. A Site Coordination review and approval is required prior to materials, equipment, fencing, etc. entering the campus for work on this contract. Site Coordination process may take between 10 - 20 days depending on revisions.

Modifications to Site Coordination shall be coordinate with the COR a minimum of 10 days ahead of the need.

1. Contractor parking shall be limited to area identified in Site Coordination.

2. Fifteen feet of clearance shall be maintained around fire hydrants.

3. Material Storage shall be kept in laydown area. Contractor shall not store material in existing buildings. Material in the laydown area shall be provided with adequate weather protection.

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1.12 COORDINATION WITH OCCUPANTS

A. Full Occupancy: The Government will occupy Project site and existing adjacent building(s) during entire construction period. Cooperate with the Government during construction operations to minimize conflicts and facilitate Government usage. Perform the Work so as not to interfere with day-to-day operations. Maintain existing exits unless otherwise indicated.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from the Government and approval of authorities having jurisdiction.

2. Notify Government not less than 72 hours in advance of activities that will affect operations.

B. Partial Occupancy: The Government will occupy the premises during entire construction period, with the exception of areas under construction. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations. Maintain existing exits unless otherwise indicated.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from the Government and authorities having jurisdiction.

2. Provide not less than 72 hours' notice to in advance of activities that will affect operations.

C. Limited Occupancy of Completed Areas of Construction: The Government reserves the right to occupy and to place and install equipment in completed portions of the Work, prior to Substantial Completion of the Work, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and limited occupancy shall not constitute acceptance of the total Work.

1. A/E will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied prior to Government acceptance of the completed Work.

2. Obtain a Certificate of Occupancy from authorities having jurisdiction before limited Government occupancy.

3. Before limited occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On occupancy, the Government will operate and maintain mechanical and electrical systems serving occupied portions of Work.

4. On occupancy, the Government will assume responsibility for maintenance and custodial service for occupied portions of Work.

1.13 WORK RESTRICTIONS

A. Comply with Guidelines for OFPM Contractors and A/E Firms Performing Site Investigations and Fieldwork (including construction) at the National Institute of Standards and Technology.

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1.14 SPECIFICATION AND DRAWING CONVENTIONS

A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations.

These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

B. Division 01 General Requirements:

1. Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

2. The Contractor is responsible for complying with requirements in the Division 01 specifications unless the Government specifically changes those requirements in subsequent Task Order Request for Proposals or in coordination with the Contractor during the Design Phase.

C. Task Order Specifications:

1. If preparation of separate written "book" specifications is not included as a requirements for a D-B Task Order, then the Task Order specifications shall be located on the drawings. Task Order specifications on drawings shall not be abbreviated without approval from the COR.

2. Task Order specifications shall follow CSI MasterFormat. Industry guide specifications may only be used with prior approval from COR on a case-by-case basis. Other specifications or industry standards may be required based on individual project needs and may be directed by the CO.

D. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products:

1. Terminology: Materials and products are identified by typical generic terms used in the individual specification sections.

2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and defined on drawings.

3. Keynoting: Materials and products are identified by keynotes referencing specification section numbers found in the Project Manual.

1.15 SEQUENCE OF DESIGN-CONSTRUCTION

A. After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with design submission requirements as covered under Division 1 General Requirements, and

Mar 25, 2024 011000-9 obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The CO will notify the Contractor when the design is cleared for construction. The Government will not grant time extensions for design resubmittals required when, in the opinion of the CO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

B. If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

C. No payment will be made for in-place construction until required submittals have been made, reviewed and are satisfactory to the Government.

1.16 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR

A. The Contractor shall furnish the Contracting Officer within 10 days after the award the items of work he will perform with his own forces and the estimated cost of those items. The percentage of work that must be performed by the Contractor is stated in Contract Clause 52.236-1, "PERFORMANCE OF WORK BY THE CONTRACTOR”.

1.17 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE

A. The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the solicitation in its entirety, including drawings, cuts, and illustrations, and amendments, and (2) the successful offeror's accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

B. In the event of conflict or inconsistency between provisions of this contract, precedence shall be given in the following order:

1. Betterments: Portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

2. The provisions of the solicitation. (See also Contract Clause: SPECIFICATIONS AND

DRAWINGS FOR CONSTRUCTION).

3. All other provisions of the accepted proposal.

1.18 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

A. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform necessary rework or modifications, including damage to real or personal property, resulting from the design error or omission.

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B. The standard of care for design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

C. Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

D. The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

E. If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

1.19 CONTRACTOR'S ROLE DURING DESIGN PROCESS

A. The Contractors construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

1.20 DEVIATING FROM THE ACCEPTED DESIGN

A. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred design, before proceeding with the revision.

B. The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

C. Revisions to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

D. Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any

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Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

E. The Contractor shall track approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures.

The Designer of Record shall document its professional concurrence on the as-builts for revisions in the stamped and sealed drawings and specifications.

1.21 WARRANTY

A. Warranty Of Design (Firm-Fixed Price Design-Build Contract)

1. The Contractor warrants that the design shall be performed in accordance with the Contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph 1.14, B "RESPONSIBILITY OF THE

CONTRACTOR FOR DESIGN”.

2. The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

3. This design warranty shall be effective from the above event through the Statue of Limitations and Statute of Repose, as applicable to the state that the project is located in.

4. The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

B. Warranty Of Construction Work

1. In addition to other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of defect in equipment, material, or workmanship performed by the Contractor or subcontractor or supplier at any tier.

2. This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

3. The Contractor shall remedy at the Contractors expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government- owned or controlled real or personal property, when that damage is the result of:

a. The Contractor's failure to conform to contract requirements; or

b. Any defect of equipment, material, or workmanship.

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4. The Contractor shall restore work damaged in fulfilling the terms and conditions of this clause. The Contractors warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

5. The CO shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

6. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

7. With respect to warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:

a. Obtain warranties that would be given in normal commercial practice.

b. Require warranties to be executed, in writing, for the benefit of the Government, if directed by the CO; and

c. Enforce warranties for the benefit of the Government, if directed by the CO.

8. In the event the Contractor's warranty has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or suppliers warranty.

9. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of defects of material furnished by the Government nor for the repair of damage that results from defects in Government-furnished material or design.

10. This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

1.22 TRAINING

A. The Contractor shall provide operational and maintenance training for all systems furnished under this contract for the operating and maintenance personnel. The system manufacturer shall conduct the training, where feasible. Operation and maintenance manuals shall be submitted and reviewed for compliance prior to conducting the training and shall be used during training. The Contractor shall film the training session and provide the videos on a DVD or other media acceptable to the

COR.

1.23 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF THE GOVERNMENT

A. Designs, drawings, specifications, notes, and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201 (b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or

Mar 25, 2024 011000-13 copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish all retained works on the request of the CO. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all works beyond such period.

1.24 MISCELLANEOUS PROVISIONS

A. Public Release of Information:

1. The Contractor shall not publicly release information, photographs, or other documents concerning any aspect of the materials or services relating to this bid, contract, or purchase order without the prior written approval of the Contracting Officer.

2. The substance of above shall be in each subcontract and purchase order related to the work of the projects.

B. Permits: In addition to the requirements of the clause entitled “Permits and Responsibilities”, permits are required for but not necessarily limited to hot work (welding, grinding, and burning), roof access, digging and excavation, fire/life safety system impairment, and NIST Work Permit.

Prior to commencing these activities, the Contractor shall coordinate a COR for permit requirements. Permit approval requires a minimum of seven days for processing.

C. Asbestos Material: No asbestos containing material is expected to be encountered by the Contractor on this project. If material is encountered that looks suspicious but must be disturbed, do not touch the material and immediately notify the COR in writing. Within fourteen (14) calendar days, the Government will perform laboratory tests to determine if there is asbestos. If asbestos is not a danger, the Contracting Officer will direct the Contractor to proceed without change. If the material encountered is asbestos and must handled, the Contracting Officer will direct a change.

D. Fire Prevention and Protection

1. The Contractor shall comply with fire prevention recommendations of the National Fire Protection Association (NFPA) Regulations which are incorporated herein by reference. A written fire permit shall be obtained from the NIST AHJ for use of open flame devices, such as blow torches, portable furnaces, tar kettles or gas and electric welding and cutting equipment in or within fifteen feet of buildings. The Contractor shall be liable for any fire loss to Government property attributable to negligence on the part of the Contractor or sub- Contractor, included in part, failure to comply with fire prevention measures prescribed by terms of this Contract. Gasoline-driven equipment will not be allowed within the building.

2. Fire hydrant service and sprinkler service shall be maintained during construction activities, in accordance with National Fire Protection Association Standard No. 241 (NFPA 241), standard for Safeguarding Construction Alteration, and Demolition Operations. Should the relocation of hydrants or the use of temporary hydrants be required during major renovation or construction activities, the location of such hydrants shall be suitable to the Fire Protection Services Division, as directed by the COR. Installation shall be in accordance with the specifications.

E. Noise Control: The Contractor shall comply with applicable local laws, ordinances, and regulations relative to noise control. Equipment to be employed on this site shall not produce a

Mar 25, 2024 011000-14 noise level exceeding the following limits in dBA at a distance of 50 feet from the equipment under test.

1. Materials Handling:

a. Concrete Mixer: 85

b. Concrete Pump: 82

c. Crane: 83

d. Derrick: 88

2. Stationary:

a. Pumps: 76

b. Generators: 78

c. Compressors: 81

3. Impact:

a. Jack Hammers: 88

b. Pneumatic Tools: 86

4. Other:

a. Saws: 78

b. Vibrators: 76

F. Trucking: The Contractor shall load trucks leaving the site with loose debris in a manner that will prevent material dropping on streets. Loads shall be covered. Trucks shall have current state or local inspection documents available at all times and meet current state and federal safety regulations. Trucks must be cleaned of mud, dust, or other objectionable materials, as determined by COR, prior to leaving the work site to preclude the track or transport of such materials onto adjacent parking lots, roads, or other areas.

G. Material Delivery and Handling: The Contractor shall provide the means, manpower, and equipment to accept and unload all material deliveries to any facility under this contract. The Government will not accept deliveries, nor will Government equipment and personnel be used for material delivery, unloading, or handling.

1.25 OCCUPATIONAL SAFETY AND HEALTH

A. The US Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1) and Occupational Safety and Health Administration (OSHA) requirements (29 CFR 1910 & 1926) are part of this contract. In the event of a conflict, the more stringent requirement will take precedent.

B. Requirements of EM 385-1-1, in its most recent edition, with all amendments to date, shall be fully complied with by the Contractor and subcontractors of all tiers.

1. EM 385-1-1 may be downloaded at the following link:

https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and- Health-Requirements-Manual/ https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/ https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/

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2. Wherever there is a reference to US Army Corps of Engineers (USACE) replace with NIST. Notify the COR for further clarification as necessary.

C. Site Safety and Health Officer (SSHO)

1. The SSHO must meet the requirements of EM 385-1-1 section 1 and ensure that the requirements of 29 CFR 1926.16 are met for the project. Provide a Safety oversight team that includes a minimum of one person at each project site to function as the SSHO. The SSHO or an equally qualified Designated Representative/alternate shall be at the work site at all times to implement and administer the Contractor's safety program and government-accepted Accident Prevention Plan. The SSHO's training, experience, and qualifications shall be as required by EM 385-1-1 paragraph 01.A.17, entitled SITE SAFETY AND HEALTH OFFICER (SSHO), and associated sub-paragraphs. The SSHO shall report to the Project Manager

2. A Competent Person shall be provided for the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan. The Competent Person shall be onsite when the work that presents the hazards associated with their professional expertise is being performed. Provide the credentials of the Competent Persons(s) to the Contracting Officer for acceptance in consultation with the Safety Office.

D. NIST, as a Federal government facility in the State of Maryland, is under the jurisdiction of the OSHA Region III regional office, which may assign an OSHA Compliance Safety and Health Officer (CSHO) to conduct safety and health inspections of the Contractor’s operations at the NIST Gaithersburg site. Accordingly, the Contractor is subject to OSHA Citations and Notices of Penalty for noncompliance with OSHA standards. To protect its own interests, NIST may also conduct periodic safety and health inspections to assure that NIST employees/property are not at risk of injury/damage from Contractor operations, and to avoid the risk of OSHA Citations under the OSHA multi-employer worksite provisions.

1. Pre-work Safety Meeting: Representatives of the Contractor shall meet with the Contracting Officer and his/her safety representative(s) prior to the start of work under this contract for the purpose of reviewing the Contractor’s safety and health programs and discussing implementation of safety and health provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures to be taken in order to control unsafe or unhealthy conditions associated with the work to be performed under the contract. If directed by the Contracting Officer, this meeting may be held in conjunction with other meetings which are scheduled to take place prior to start of work under this contract. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The Contractor’s principal on-site representative(s), the general superintendent, and safety representative(s) shall attend this meeting.

2. Safety and Health Standards Compliance: The Contractor shall comply (and shall ensure that firms acting as agents or subcontractors to the prime Contractor also comply) with applicable OSHA Safety and Health Standards for Construction (29 CFR 1926) and OSHA General Industry Occupational Safety and Health Standards (29 CFR 1910). Additionally, the Contractor shall comply with applicable site safety and health requirements. The NIST Safety Office will provide guidance/consultation regarding specific site requirements.

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3. Special Emphasis Standards: While the Contractor is responsible for compliance with applicable EM385-1-1 and OSHA Safety and Health Standards, special emphasis will be placed upon the following:

a. Fall Protection: Fall protection measures shall be implemented as required via use of suitable guardrails/ barricades; safety belts/harnesses/lanyards/ lifelines; safety nets; or other approved means. Particular emphasis is to be focused on the requirements stipulated in Subpart L (Scaffolding), Subpart M (Floor and Wall Openings), Subpart R (Steel Erection) and Subpart X (Stairways and Ladders) of 29CFR1926 (Safety and Health Standards for Construction).

b. Excavations and Trenching: With regard to excavations (including trenches), the soil at the NIST Gaithersburg site shall be considered previously excavated and therefore unstable. Accordingly, persons entering excavations five or more feet deep shall be protected from cave-ins by an adequate protective system designed in accordance with the requirements of 29CFR1926.652(b) or (c). Other applicable requirements for excavations as contained in Subpart P (Excavations) of 29CFR1926 shall be implemented.

c. Confined Spaces: Entry into permit-required confined spaces must be in accordance with the requirements stipulated in the OSHA Permit-Required Confined Space standard (29CFR1910.146). The Contractor shall be responsible for confined space entry requirements including personnel training, documented entry permit system, atmospheric contractor funded testing/ monitoring, forced ventilation, personal protective equipment, and emergency procedures/equipment.

d. Hazard Communication: As applicable (i.e., when chemicals are used on-site by the Contractor), the Contractor shall develop, implement and maintain at the workplace a written hazard communication program meeting the requirements of 29CFR1926.59 (for construction contracts) or 29CFR1910.1200 (for other than construction contracts). The contractor shall ensure that each container of hazardous chemicals at the worksite is labeled, tagged or otherwise marked with the identity of the hazardous chemical(s) contained therein and that such markings show hazard warnings appropriate for employee protection. The Contractor shall provide employees with information and training on hazardous chemicals in their work area at the time of initial assignment and whenever a new hazardous chemical is introduced into their work area. The Contractor shall also provide employees with information on operations in their work area where hazardous chemicals are present;

and the location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets (MSDS) required by the standard.

e. Control of Hazardous Energy (Lockout/Tag out): In accordance with the provisions of OSHA standards 29CFR1910.147 and 29CFR1926.417, the Contractor shall establish and implement a program consisting of energy control procedures, employee training and periodic inspections to ensure that before employees perform servicing or maintenance on electrical circuits/equipment, machines or other equipment/systems where the unexpected energizing, start up or release of stored energy could occur and cause injury, the circuit/machine/equipment/system shall be isolated from the energy source and rendered inoperative.

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f. Electrical Installations and Work Practices: The Contractor shall comply with applicable installation safety requirements, safety-related maintenance and environmental considerations, and safety requirements for special equipment as contained in Subpart K (Electrical) of 29CFR1926.

g. Personal Protective and Life Saving Equipment: In accordance with the provisions of Subpart E (Personal Protective and Life Saving Equipment) of 29CFR1926, the Contractor shall ensure that protective equipment (including personal protective equipment for eyes, head, face, head and extremities; protective clothing; respiratory devices; and protective shields and barriers) shall be provided, used and maintained in a sanitary and reliable condition whenever it is necessary by reason of hazards of process or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of the body through absorption, inhalation or physical contact.

h. Tools-Hand and Power: The Contractor shall ensure compliance with applicable safety requirements for tools (hand and power) as outlined in Subpart I (Tools-Hand and Power) of 29CFR1926.

i. Welding and Cutting: The Contractor shall ensure compliance with applicable safety requirements pertaining to welding and cutting operations as outlined in Subpart J (Welding and Cutting) of 29CFR1926.

j. Motor Vehicles and Mechanized Equipment: The Contractor shall ensure compliance with the safety requirements pertaining to motor vehicles and mechanized equipment (materials handling equipment and pile driving equipment) as contained in Subpart O (Motor Vehicles, Mechanized Equipment, and Marine Operations) of 29CFR1926.

4. General Site Safety Requirements: For the protection of NIST employees, other agency employees and the general public, the following general worksite safety requirements shall be observed by the Contractor.

a. Precautions: The Contractor shall take necessary precautions to prevent injury to the public, building occupants, and damage to property of others. For the purposes of this contract, the public or building occupants shall include persons not employed by the Contractor or a subcontractor.

b. Housekeeping: Form and scrap lumber with protruding nails/fasteners and other debris shall be kept clear from work areas. Combustible scrap and debris shall be removed at regular intervals. Containers shall be provided for collection and separation of refuse. Covers shall be provided on containers used for flammable or harmful substances. Wastes should be disposed of at frequent intervals

c. Storage: Storing, positioning, and use of equipment, tools, materials, scraps, and trash in a manner likely to present a hazard to the public or building occupants by its accidental shifting, ignition, or other hazardous qualities is prohibited.

d. Obstructions: No corridor, aisle, stairway, door, or exit shall be obstructed or used in such a manner as to encroach upon routes or ingress or egress utilized by the

Mar 25, 2024 011000-18 public or building occupant, or to present un-safe or unhealthy condition to the public or building occupant.

e. Radiation Safety: The Contractor shall not bring to or use at NIST any radioactive materials or radio-graphic devices without explicit prior approval from Health Physics for each use of such devices. Such uses shall be in compliance with restrictions and procedures prescribed by NIST Health Physics (Bldg. 245, Room C125, x5800). Work conducted in a NIST Restricted Area (as defined by the Nuclear Regulatory Commission and applied by NIST) shall comply with NIST procedural requirements and, in particular, specific training requirements for persons entering that area. No area posted with Radioactive Material, Radiation Area, High Radiation Area, or Very High Radiation Area sign shall be entered without prior approval from Health Physics (i.e., all work in such areas requires prior clearance from NIST Health Physics).

f. Work Area Restrictions: Work shall not be performed in areas occupied by the public or Federal employees unless specifically permitted by the contract or the Contracting Officer and unless adequate steps are taken for the protection of the public or Federal employees.

g. Fences and Barricades: Wherever practicable, the work area shall be fenced, barricaded, or otherwise blocked off from the public or building occupants to prevent unauthorized entry into the work area.

h. Alternate Precautions: When the nature of the work prevents isolation of the work area and the public or building occupants may be in or pass through, under, or over the work area, alternate precautions such as the posting of signs, the use of signal persons, the erection of barricades, or similar protection around particularly hazardous operations shall be used as appropriate.

i. Public Thoroughfare: When work is to be performed over a public thoroughfare, such as a sidewalk, road, lobby, or corridor, the thoroughfare shall be closed, if possible, or other precautions taken such as the installation of screens or barricades.

j. Removal of Fences and Barricades: Fences and barricades shall be removed upon completion of the project, in accordance with local ordinance and to the satisfaction of the Contracting Officer or his/her representative(s).

1.26 SALVAGE

A. The Government does not assume responsibility for any loss or damage to materials or structures on the site salvage value of which the Contractor may have reflected in his bid.

1.27 CEREMONIES

A. Subject to mutually satisfactory agreements between the parties of the contract, the Government may enter the premises during the term of the contract to conduct ceremonies, such as laying the cornerstone or dedication ceremonies, and to…