Att 1 - Appendix A - SOW - Minor Construction WOA - 9-14-2023.pdf

APPENDIX A

Statement of Work for Minor Construction Services Work Ordering Agreement (WOA)

For

“NREL Minor Construction Roofing Repairs”

Roof Repair, Sheet Metal Fabrication, Gutter/Downspout Repair and Exterior Waterproofing

Services at the South Table Mountain, STEP, and Flatirons Campus

National Renewable Energy Laboratory 15013 Denver West Parkway

Golden, Colorado 80401

September 14, 2023

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022

1.0 BACKGROUND

The National Renewable Energy Laboratory (NREL) is a national laboratory owned by the U.S.

Department of Energy (DOE). NREL is the only federal laboratory dedicated to research, development, commercialization, and deployment of renewable energy and energy efficiency technologies. NREL is managed and operated for DOE’s Office of Energy Efficiency and Renewable Energy by The Alliance for Sustainable Energy (Alliance), the “M&O Contractor.”

The Alliance for Sustainable Energy, LLC (hereafter referred to as “NREL”) in its capacity as the M&O contractor for the DOE facility does not self-perform any work identified as “Construction Wage Rate Requirements” formerly known as the Davis-Bacon Act. As such, NREL requires subcontracts for on-site construction services that have been organized into the following tiered approach.

2.0 OBJECTIVE

The objective of this work effort is to have a subcontractor maintain and repair all NREL building roofs at the South Table Mountain Campus (STM), South Table Mountain Energy Park (STEP) and Flatirons Campus that range between $500 and $250,000 per project in an efficient and cost-effective manner. The Subcontractor shall provide minor construction services (existing facility modifications, retrofits, additions, changes, alterations) required to support NRELs mission, research operations and continued facility functionality.

3.0 SCOPE OF WORK

The Subcontractor shall provide roofing inspection, installation, maintenance, repair, sheet metal fabrication, exterior waterproofing, gutter and downspout services with all necessary labor, materials, tools, and equipment for all buildings across the three (3) campuses. The Subcontractor shall perform specified maintenance and repairs based on requests from NREL Technical Monitor and provide detail reports outlining corrective action.

The subcontractor shall provide roof repairs on the following different types of roofs at the STM Site, STEP Campus and Flatirons Campus: Built-Up Roofing (BUR) Membrane, rubber rolled roofing, Spray Polyurethane Foam (SPF) Roofing, Metal Roofing, Modified Bitumen Roofing, Shingle Roofing, Thermoset (EPDM) Roof Membrane, Thermoplastic (PVC & TPO) Roof Membrane, and Green Roofing.

The Subcontractor shall provide 24 hour/ 7 days a week roof response for any emergency roof repairs as requested by the Technical Monitor across all locations to maintain the integrity of the roofs. The Subcontractor shall provide emergency repairs that should be temporary and offer immediate protection of the building’s structure and its contents if a permanent repair is not immediate and requires additional time to complete. Repair techniques shall adhere to the manufacturer’s recommendations and manufacturer’s warranty. The Subcontractor shall offer a one (1) year warranty on all roof repairs. The Subcontractor shall provide the following construction services listed below. This work effort generally includes, but is not limited to:

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022

The Subcontractor shall provide the following roofing services listed below. This work effort generally includes, but is not limited to:

• The Subcontractor shall schedule and execute all work without exposing the interior building areas to the effects of inclement weather. The existing building and its contents shall be protected against any damage as a result of work performed under this subcontract.

• The Subcontractor shall only remove as much of the old roofing material as can be replaced with new roofing material and be made weather tight each day.

• When necessary, the Subcontractor shall perform leak investigation methods by utilizing thermal imagining to locate wet insulation, flood testing, and visual inspections of roof and interior leak areas.

• The Subcontractor shall inspect all roofing substrate and drains prior to installation of new roofing materials. The Subcontractor shall stop work if any unusual or concealed condition is discovered and shall immediately notify the NREL Technical Monitor or Host.

• The Subcontractor shall prep all surfaces prior to installation of insulation, membrane or flashings. The contractor shall provide the necessary equipment to dry the surface prior to application if surface moisture is present.

• Prior to and during application, all dirt, debris, and dust shall be removed from surfaces by vacuuming, sweeping and/or similar methods.

• The Subcontractor shall install all insulation, roofing material, flashing, and detail work in accordance with the manufacturers recommended procedures and all roofing materials shall match existing roofing materials type, size, and color.

• At the end of each workday all unregulated roofing, insulation, flashings, trash, and metal shall be removed and disposed of appropriately.

The Subcontractor shall provide the ancillary services as required for permitting including architectural, civil, structural, mechanical and construction documents as needed to complete the work effort. The Subcontractor shall provide a design for use of safe construction methods and materials, equipment, and labor necessary to complete the work effort.

In support of the U.S. Department of Energy's (DOE’s) goal to demonstrate sustainable and energy-efficient buildings with a lower impact on the environment, NREL has mandated that all changes to existing facilities be in keeping with sustainable and energy efficient practices consistent with the original design of the facility.

Each project shall be completed in accordance with the NREL Master Design Standards, NREL CAD Manual (a subset of the NREL Master Design Standards), NREL Master Construction Specifications, as well as current Occupational Safety and Health Administration (OSHA), American National Standards Institute (ANSI), National Electric Code (NEC), National Fire Protection Agency (NFPA), Department of Energy (DOE), and National Renewable Energy Lab (NREL) procedures and other applicable documents and regulations as required.

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022

4.0 NREL RESPONSIBILITIES

4.1 NREL PROJECT MANAGEMENT RESPONSIBILITIES

NREL will designate a Project Manager for each of the individual Work Orders issued under the WOA for performing administrative and technical duties and responsibilities on behalf of NREL.

The NREL Project Manager will be the primary point of contact on technical matters for the project and will perform day-to-day coordination and communication with the Subcontractor.

This includes communication with NREL staff and management.

The Subcontractor shall address all technical project performance correspondence to the NREL Project Manager. The Project Manager does not have the authority to direct to the Subcontractor binding modifications and changes to the technical project performance, including scope of work, schedule, budget, performance period, or terms and conditions under the WOA or any individual Work Orders; therefore, the Subcontractor shall notify the Subcontract Administrator (SA) responsible for the WOA or individuals Work Orders to ensure they receive prior written approval from the SA to proceed.

NREL will provide the Subcontractor with supplemental information, review comments, constraints, clarifications, and approvals as required for timely progress of the work. Response time by NREL to project-related submissions will typically be as follows:

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022

• Telephone calls 2 working days

• Administrative correspondence 3 working days

• Requests for Information (RFIs) 7 working days

• Submittal reviews 10 working days

All response times (days), indicated above, are from date of receipt to date of issuance of response.

4.2 NREL SUBCONTRACT ADMINISTRATOR (SA) RESPONSIBILITES

The NREL authorized official for this WOA with the responsibilities for administering and directing binding modifications and changes to the WOA is the SA. Work orders at or below $10,000 may not have an assigned SA. Contractual concerns for Work Orders under this threshold should be directed to the WOA SA. All Work Orders more than $10,000 will have an assigned SA. For all modifications to Work Orders (regardless of original award amount) NREL SA are the only individuals authorized to negotiate with Subcontractor in respect to binding modifications and changes to work orders.

5.0 SUBCONTRACTOR PROJECT MANAGEMENT RESPONSIBILITIES

At the beginning of each Work Order the Subcontractor shall designate a Project Manager who shall be the principal point of contact with the NREL task specific Project Manager. The Subcontractor shall be responsible for checking and managing its own work, and for coordinating the work of its lower-tier Subcontractors. The Subcontractor shall be represented and shall participate fully in meetings, boards, and panels convened to review and coordinate the work.

5.1 SCHEDULES

The Subcontractor shall routinely provide NREL schedules and schedule updates for awarded Work Orders. The Subcontractor shall be responsible for planning and scheduling all construction related services required by the project specific Work Order as needed to support the project construction schedule without delay and within the time frames set in the Work Order. If schedule conflicts occur, the Subcontractor shall work closely with NREL to reconcile differences, at the Subcontractor’s expense, to restore the baseline schedule. Where failures to meet schedules occur in areas under the Subcontractor’s control, the Subcontractor is expected to initiate remedial actions to accelerate its efforts to maintain schedules, such as working sufficient overtime to bring the project back on schedule as directed by NREL, at no change in Work Order price.

5.2 PROGRESS MEETINGS

During construction, the Subcontractor shall conduct periodic management and coordination meetings with NREL as mutually agreed. For these meetings, the Subcontractor is responsible for taking meeting minutes if required and furnishing a copy to the NREL project manager.

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022

5.3 TESTING AND INSPECTION SERVICES (Materials Testing Only)

NREL has a separate subcontract for all required testing and inspection services on this WOA.

The Subcontractor is responsible for coordinating with the NREL Project Manager for all required testing and inspection services.

5.4 EXISTING UNDERGROUND UTILITY LOCATES

Public Underground Locates – The Subcontractor is responsible for calling (811) and overseeing all Public Underground Locates in the construction area prior to construction. The Subcontractor is also responsible for any excavation details or specifications that the Public Utility Company requires. NREL will assist with public underground locate access.

Private Underground Locates – NREL has a separate subcontract for private underground locates with a service agreement partner. After the public underground locates have occurred the Subcontractor is responsible for coordinating with the NREL Project Manager for all private underground locates prior to construction.

a. The Subcontractor shall use NREL's service agreement partner for all utility engineering services and locating services including potholing and subsurface boring.

b. Subcontractor shall be responsible for notifying NREL's service agreement partner as needed.

6.0 SAFETY AND HEALTH

6.1 GENERAL

All work shall be performed in accordance with the safety requirements outlined at https://www.nrel.gov/about/ehs-construction.html.

6.2 SUPERINTENDENCE OF THE WORK

All work performed on any NREL site shall be under the oversight of a Qualified Construction Supervisor that is on-site. At a minimum, Qualified Construction Supervisors shall have an OSHA (Occupational Safety & Health Administration) authorized 30-hour Construction Safety Training. The Subcontractor shall provide the supervisor’s resume and copy of the appropriate documentation of this training to NREL for acceptance prior to the start of work. A Construction Supervisor that meets the minimum qualifications identified herein and has been accepted by NREL may be considered a “Qualified” Construction Supervisor. A Qualified Construction Supervisor that has been accepted by NREL, may act as the Safety Manager for all work defined under this Subcontract except for those activities specifically as noted below.

A Competent and/or Qualified Person with a minimum of 5 years of relevant experience shall be required for the following activities:

• The development and implementation of a Fall Protection Plan, as required by the NREL Construction Environmental, Health and Safety Manual. The Competent Person shall have the capability to provide oversight as deemed necessary to maintain compliance.

• The development of any Method of Procedure (MOP) or equipment specific lockout/tagout procedure, as required by the NREL Construction Environmental, Health and Safety Manual.

• Scaffold system erection and dismantling, where the working platform height will be 6-feet or https://www.nrel.gov/about/ehs-construction.html

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022 more above the lower level. The Competent Person is required to provide oversight and be present during scaffold activities. A Qualified Person is required for erecting complex scaffolding.

• Trenching or excavation activities, where the depth is 4-feet or more. The Competent Person shall provide oversight and remain onsite during work activities.

• Any type of crane work. A Qualified Person is required to be involved with the development of the Lift Plan and is required to be further engaged with oversight.

A Certified Industrial Hygienist (CIH) with a minimum of 5 years of relevant experience shall be required for the following activities:

• Any work requiring industrial hygiene services.

• Any work requiring workers to don respiratory protection. A CIH is required to review the training, medical evaluation and fit-tests for each worker and further provide oversight as necessary.

6.3 WORKING WITH PUBLIC UTILITIES

Public Utilities may require documentation or agreements to be executed by NREL or DOE prior to commencement of work. Therefore, the Subcontractor shall notify the Project Manager or the designated Subcontract Administrator immediately learning of the need to work with public utilities if not already identified in the Work Order, to ensure the request is expedited for resolution.

6.4 ENVIRONMENTAL

The Subcontractor shall provide erosion control measures in accordance with the NREL Environmental Requirements defined in the construction specifications. The Subcontractor shall have a competent person who is certified for storm water management and erosion control.

When final completion of construction activities has been accepted by NREL, the long-term maintenance of erosion and sediment controls will be transferred to NREL.

The Subcontractor shall follow all other environmental requirements as outlined at https://www.nrel.gov/about/ehs-construction.html.

6.5 SUSTAINABILITY

NREL is committed to the ongoing development of a sustainable and resilient laboratory. The Subcontractor shall use resources sustainably, maximize the efficient use of those resources and minimize environmental impact throughout all construction activities.

The Subcontractor shall prevent waste at the source wherever feasible. Any waste that cannot be prevented shall be recycled in an environmentally safe manner. Any waste that cannot be prevented or recycled shall be disposed of in an environmentally safe manner.

NREL has established a central location on the Flatirons Campus for the collection of waste and recycled materials. The construction subcontractor is encouraged to use these waste and recycling containers to the maximum extent practical. Materials that cannot be accepted at the NREL provided service locations such as soils, concrete, specialty, and large or bulky items shall be dispositioned off-site by the Construction Subcontractor. Materials dispositioned off-site shall be logged by the Construction Subcontractor using the Exhibit D “NREL Construction Subcontractor Off-Site Waste Material Disposition Log”. Materials dispositioned at an NREL managed container do not need to be recorded on the Exhibit D log. By September 30th of each year the subcontractor shall submit to the NREL Technical

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022

Monitor the completed log for all materials dispositioned off-site for the prior 12 months.

6.6 TEMPORARY TRAFFIC CONTROL

Any work within NREL roadways including streets, parking lots, parking structures, and pedestrian walkways shall meet the requirements as outlined at https://www.nrel.gov/about/ehs-construction.html.

7.0 ELECTRICAL SAFETY

The National Renewable Energy Laboratory (NREL) is covered by 10 Code of Federal Regulations (CFR) 851, Worker Health and Safety Program. As part of 10 CFR 851, NREL and their subcontractors are required to follow the safe work practices defined in NFPA 70E, Electrical Safety in the Workplace during the performance of electrical work. This includes all activities where personnel could be reasonably anticipated to be exposed to electricity or interact with electrical equipment such as:

• Voltage testing performed as part of diagnostics and testing,

• Verifying zero energy as part of lockout / tagout (29 CFR 1910.147),

• The worker is within the restricted approach boundary; and

• The employee interacts with equipment where conductors or circuit parts are not exposed but an increased likelihood of injury from an exposure to an arc flash hazard exists.

The Subcontractor shall be responsible for ensuring that their employees strictly adhere to the requirements of NFPA 70E 2018 when working on or around electrical equipment. This shall include ensuring that the following conditions are strictly adhered to:

a) All personnel assigned to perform electrical work for NREL shall have successfully completed electrical safety training appropriate to their assigned job. This may be NFPA 70E 2018 training or equivalent training that includes the concepts of NFPA 70E 2018. The equivalent training acceptance is up to the NREL electrical AHJ.

b) Personnel involved in electrical work shall be provided with adequately rated and maintained personal protective equipment and tools. This includes voltage rated gloves, arc rated clothing, face shields, etc. Equipment may be evaluated by NREL prior to the performance of work. Personnel who do not have adequately rated equipment or voltage rated gloves within the specified test period shall not be permitted to work.

c) Personnel shall be expected to perform the planning tasks described in NFPA 70E 2018 including shock and arc flash risk assessment, job safety planning, job briefings, PPE selection and PPE inspection.

d) Personnel and management shall strictly follow the restrictions on energized work as described by

NFPA 70E 2018.

e) Personnel shall coordinate all electrical work (e.g., voltage testing, zero energy checks or work within the shock or arc flash boundaries) with NREL Environmental, Health and Safety Staff prior to proceeding.

f) All electrical installations or modifications shall be inspected and approved prior to energizing all electrical systems at NREL. Personnel shall work with their project management to coordinate the inspections.

The Subcontractor shall support and communicate these requirements to personnel assigned to perform electrical work at NREL.

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Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022

7.0 SECURITY

a. Normal working hours are 7:00 AM to 5:00 PM, Monday through Friday, except holidays.

Subcontractor’s personnel will be required to work during non-working hours when construction operations conflict with the operations of the laboratory. Subcontractor’s personnel are not allowed on site during non-work hours unless arrangements have been made, in advance, with the NREL Project Manager. When Subcontractor’s personnel are approved to work other than normal hours the NREL Security Desk shall be advised, in advance by telephone at 303-384-6811.

b. Access to NREL operated facilities is controlled in accordance with the DOE's, and NREL EHS&Q site access requirements. The Subcontractor shall ensure that any of its, or its lower-tier Subcontractors, officers, employees, or agents be specifically authorized site access by an NREL employee, and identified, badged, and registered by NREL Security prior to entering any NREL operated facility. All NREL Environment, Safety, and Security Orientation requirements must be satisfied before an access badge will be issued.

c. The Subcontractor shall further ensure that any of its, or its lower-tier Subcontractors, officers, employees, or agents who are not U.S. citizens and who will perform project work on NREL operated facilities complete and submit an NREL Foreign National Data Card 7 calendar days for non-sensitive country requests, 30 calendar days for sensitive country requests, 180 calendar days for state sponsor of terrorism country requests prior to arrival and present valid Work Authorization Documentation at the point of entry. Access shall be subject to DOE approval and NREL site access requirements. Any such person denied access by DOE shall not be assigned by the Subcontractor to work at NREL operated facilities.

d. The Subcontractor shall provide sufficient documentation of immigration or nonimmigrant status, citizenship, and identity is required for all foreign visitors and assignees to verify the foreign national's identity and authority to work (when applicable) and ensure the foreign national is eligible (in lawful immigration status) to be in the United States.

e. NREL reserves the right to revoke site access authorization for any person violating NREL or DOE Environment, Safety, and Security policies and procedures.

f. As a condition of entry to NREL premises, the Subcontractor agrees to permit NREL security personnel to search its, and its lower-tier Subcontractors, officers, employees, or agent’s vehicles, packages, toolboxes, or other containers for the purpose of preventing prohibited articles access to NREL premises. This purpose extends to detect or deter the unauthorized removal of Government property from NREL.

g. Prohibited articles include firearms, explosive devices, incendiary devices, dangerous weapons or materials, controlled substances (illegal drugs), or alcoholic beverages.

h. Deliveries of material and equipment must be arranged in advance with the NREL Project Manager.

i. At any time, Security Conditions (usually following the lead from the Department of Homeland Security) may change requiring the implementation of additional security

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022 measures at NREL that may affect construction work on the site. Additional measures range from mandatory vehicle searches up to and including construction work stoppages. Any changes in conditions will be reported through the NREL Project Manager or NREL SA.

j. In addition to the requirements above, the Subcontractor shall be responsible for the security of all its personnel, materials, and work in progress until the work is accepted by NREL as being substantially complete. Subcontractor’s personnel, lower-tier Subcontractors, material suppliers, vendors and other construction personnel shall not use NREL facilities nor shall they be permitted outside the limits of the Project Site, except for normal access to and from the site.

k. Badge Sharing (Piggy-Backing) is prohibited, the Subcontractor, its employees, all lower-tiers and their employees, shall adhere to this policy to ensure they retain their approved access privileges.

8.0 QUALITY ASSURANCE

The Subcontractor shall provide all services consistent with generally accepted industry practice for construction. The Subcontractor shall prepare a QAP that meets the requirements of Exhibit D, “Subcontractor Quality Assurance Plan Guidance” that covers the anticipated scope of work to be performed under this WOA. The QAP shall be submitted to NREL for acceptance prior to the start of the work.

Upon acceptance, the Quality Assurance Plan will govern work under this agreement.

Additional quality assurance documentation may be required for individual Work Orders based on the scope of the specific project. Upon request by NREL for any specific Work Order, the Subcontractor shall submit a record of the quality control checkpoints met and the disposition of all outstanding exceptions or variances.

9.0 PERMITTING

The Subcontractor shall follow all permitting requirements as outlined at https://www.nrel.gov/about/ehs-construction.html.

NRELs STM and Flatirons Campus are federally owned facilities and are exempt from compliance with the majority of local permitting authorities. However, work involving modifications to the fire detection and/or fire suppression system require review and approval by the fire district having jurisdiction for the site. The jurisdictions having authority are:

• STM – West Metro Fire Protection District

• Flatirons Campus – Rocky Mountain Fire Protection District

Work on NREL leased (e.g. not Federally owned) facilities must comply with local permitting requirements.

The Subcontractor may be required to obtain an EPA Construction General Permit.

9.0 PROJECT COMPLETION

After construction completion, the Subcontractor shall provide to the Engineer of Record markups of the

Appendix A - Statement of Work – Minor Construction Work Ordering Agreement July 07, 2022 work order Exhibit A Issue for Construction drawings reflecting the as-built condition.

After construction completion, the Subcontractor shall provide to the NREL Project Manager the manufacturer’s and installer’s warranty information statements including the warranty period, along with all relevant Operations and Maintenance (O&M) Manuals for any installed equipment or furnishings.

After work order construction completion, the Subcontractor shall provide to the NREL Project Manager copies of testing and inspection reports associated with the work.

Training (briefings, walkthroughs, classes, etc.) of NREL Operations and Maintenance staff on new equipment or furnishings shall be completed prior to transfer of the work from the Subcontractor to NREL. Documentation of completed training shall be provided by the Subcontractor to the NREL Project Manager.

The following exhibits are incorporated by reference:

EXHIBIT A – CONSTRUCTION ENVIRONMENT, HEALTH AND SAFETY MANUAL

found at: https://www.nrel.gov/about/ehs-construction.html.

EXHIBIT B – NREL CONSTRUCTION SUBCONTRACTOR OFF-SITE WASTE

MATERIAL DISPOSITION LOG

EXHIBIT C – TEMPORARY TRAFFIC CONTROL MANUAL found at:

https://www.nrel.gov/about/ehs-construction.html.

EXHIBIT D – NREL SUBCONTRACTOR QUALITY ASSURANCE PLAN GUIDANCE

EXHIBIT F – NREL BUILDING AND ROOFING LIST

END OF STATEMENT OF WORK

https://www.nrel.gov/about/ehs-construction.html