Attachment 01 SOW 3 Feb 2020.pdf

STATEMENT OF WORK

February 3, 2020

1. SCOPE OF WORK

a. Requirements of this contract include the furnishing of all labor, materials, supplies, equipment, management and supervision to perform the designated work at the Federal Law Enforcement Training Center, Charleston, SC. The work shall include all changes and repairs indicated thereto, as set forth in the individual task orders. This section and the referenced Technical Specifications for Divisions 1-48, will be a part of any ensuing task order as applicable.

b. All design documentation and construction accomplished pursuant to this contract shall comply with the latest edition of the following codes, unless the CO directs the Contractor otherwise. Any exception must be approved in writing by the CO prior to construction start-up:

1. International Building Code

2. International Mechanical Code

3. International Plumbing Code

4. National Electrical Code

5. National Fire Code

6. Uniform Federal Accessibility Standards

7. EM 385-1-1, US Army Corps of Engineers Safety Manual

8. ADAAG, Americans with Disabilities Act Accessibility Guidelines

9. Unified Facilities Guide Specifications (UFGS). These specifications can be accessed and downloaded on line at http://www.wbdg.org.

10. Where appropriate, or required by executive order/Government regulation, the contractors shall install green procurement of environmentally preferable products as indicated in the U.S. EPA-designated Comprehensive Procurement guidelines (CPG) items. Federal agencies must reduce energy use, purchase energy-efficient products, increase the use of renewable energy, and conserve water. The Contractors are required to buy products that comply with federal energy efficiency requirements, and to design and operate buildings to minimize energy. The Department of Energy’s Federal Energy Management Program (FEMP) and the Energy Star program create the product lists for this Green Procurement Program element. Energy conservation requirements affect all building construction, renovation and maintenance Task Orders (TO).

c. Order of Precedence: Requirements included in the TO Statement of Work (SOW) shall take precedence over the contract specifications, drawings, sketches and other information provided in the base contract.

For conflicts between requirements included in the SOW, the precedence shall be:

1. UFGS

2. Federal Codes

3. State Codes

4. Local Codes

The most stringent requirements shall apply, unless specifically requested in writing by the Government.

Likewise, for conflicts between requirements outside of the SOW, the most stringent requirements shall apply, unless specifically requested in writing by the Government.

d. Only edited Division 01 – General Requirements, are incorporated under Attachment #2 of the Solicitation /Contract (123 pages). The rest of the listed Unified Federal Guide Specifications sections are available at https://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs. Contractors shall use the most current UFG Specification available during Task Order execution.

2. DEFINITIONS

a. Coefficient – Numeric factor applied to baseline or negotiated cost.

b. Contract Discrepancy Reports (CDRs) - “Contract Discrepancy Reports (CDRs)” may be issued by the Contracting Officer’s Representative to identify and document cases of poor Contractor performance. The CDR requires the Contractor to explain in writing why performance is unsatisfactory, how performance will be returned to satisfactory levels, and how recurrence of the problem will be prevented in the future.

c. Contracting Officer - The term “Contracting Officer” shall refer to the individual authorized to execute and modify contracts on behalf of the Federal Law Enforcement Training Centers (FLETC) and is the only individual with the power to obligate the Government.

d. Contracting Officer’s Representative (COR) - The “Contracting Officer’s Representative (COR)” is the individual designated by the Contracting Officer at the time of award of the contract who shall represent the Contracting Officer with the Contractor. The Contracting Officer will provide written notice of COR Designation to the Contractor which will set forth the authorities and limitations of the COR under the action. The COR also acts as a liaison between the Contractor and the Government Project Manager(s) on individual task orders. See Section G, Paragraph G.4, and Designation of Contracting Officer’s Representative. CORs have no authority to alter or modify the contract or individual task orders. The term “COTR” cited in HSAR 52.242-72, entitled, “Contracting Officers Technical Representative,” means the same as Contracting Officer’s Representative defined herein.

e. Contractor - The term “Contractor” refers to the individual or firm who offers this contract and enters into a contract with the U.S. Government (FLETC) for this work.

f. Quality Control Manager (Also referred to as Chief, Contractor Quality Control) - Individual responsible for the quality control of all work performed by the Contractor under this contract and individual task orders.

g. Superintendent - Individual appointed by the Contractor and approved by the Contracting Officer who has authority to act for the Contractor.

h. Contract Specialist - The individual assigned by the Contracting Officer to act for the Contracting Officer. Does not have the authority to enter into or terminate contracts and make related determination and findings.

i. Customer - The “customer” is the functional element at the FLETC which benefits from the services provided by the Contractor. The “customer” has no authority to direct the Contractor.

j. Government Furnished Property - “Government Furnished Property” includes all property, equipment, materials, software, and sites which belong to the Government but which have been made available to the Contractor for use under this contract or individual task orders.

k. Project Manager – Individual appointed by the contractor authorized to sign for and bind the Contractor.

l. Project Site (Also referred to as the Construction Site) - Refers to the location where construction is https://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs accomplished under an individual task order.

m. Provide - The term “Provide” shall mean to furnish and install.

n. Quality Assurance - A program undertaken by the Government to evaluate certain attributes of products, services, and construction, which it procures, and to record such evaluations and recommend or effect remedial contract administrative action.

o. Subcontract - The term “Subcontract” includes in addition to a two-signature document all transactions resulting from acceptance of offers by awards or notices of awards; agreements and job orders; letter of agreements; letters of intent; and orders, under which the subcontract becomes effective by written acceptance or performance. It also includes modifications thereto.

p. Subcontractor - The term “Subcontractor” for the purpose of this requirement shall mean the individual or firm with whom the Contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract pursuant to the project specifications applicable to any category included on the list.

q. Task order - A “task order” is a Government document prepared by the Contracting Officer and is issued to the Contractor to order the work. Task orders will be issued as necessary and may be modified. A sample task order form is shown in Section J, Attachment #3.

r. Quality Control - A method used by the Contractor to control quality of goods and/services provided, including construction.

3. LIMITS OF WORK

a. Hours of work.

1. It shall be acknowledged and understood by the contractor that all work to be accomplished under this contract shall be performed during normal working hours of the Center unless otherwise specified and or requested in writing.

2. The normal working hours shall be 7:00 am to 5:00 pm, Monday through Friday.

3. Work performed by the Contractor outside the normal working hours shall be at no additional expense to the Government unless it is negotiated at the “after normal working hours’ coefficient” for the Government’s convenience.

4. PROJECT MANAGEMENT AND SUPERINTENDENCE BY THE CONTRACTOR

a. The contractor shall employ a Project Manager, subject to approval by the Contracting Officer, and will be the Government’s primary point of contact for this contract. The project manager is required to be on the job site at all times during performance. The project manager’s time shall be devoted exclusively to the management of work in progress under this contract only.

1. The Project Manager must have a minimum of ten (10) years combined experience in the following positions: Project Manager, Project Superintendent, QC Manager, or Construction Manager. The last five (5) years’ experience shall have been as a Project Manager on an IDIQ, SABER, or JOC type contract with a magnitude range of $1.5M - $15M, with a performance period of more than one (1) year.

The individual must possess and demonstrate extensive experience and a working knowledge in the full range of trades and disciplines typical to work under this contract (For example: architectural work and finishes, carpentry, structural, earthwork, pavement, utilities, concrete, heating, ventilation and air conditioning, piping, plumbing, fire alarm and protection, electrical distribution systems, lighting, lightning protection, telecommunications, multi-media, and interior furnishings). As a minimum, the individual shall demonstrate completion of High School level education. The individual must be familiar with the safety requirements of US Army Corps of Engineers (USACOE) Manual EM 385-1-1 and/or OSHA 1926 Construction, have a valid 30-hour Construction OSHA Certification Card (if the employee does not have the certification card, he/she shall obtain within 90 days after contract award), and have experience in the areas of hazard identification, safety compliance, and sustainability. Computer proficiency is required in such software systems as Word, Excel, CostWorks, AutoCAD and Outlook (e-mail). The individual must demonstrate a working knowledge and proficiency with MS Project or similar project management software and R.S. Means CostWorks Estimating System or equivalent software.

2. The Project Manager must be delegated authority in writing by the Contractor to sign contract modifications, negotiate and reach agreement for the Contractor on matters such as change orders, time extensions, claims, and other issues arising under the Contract, which may lead to a contract modification. An original signature copy of this delegation of authority shall be provided to the Contracting Officer with the Project Manager’s resume. Otherwise, by virtue of the submission of the resumes of individuals for the PM or APM position, the Contractor is confirming the individuals have the authority to sign for, and bind the Contractor, as related to any and all actions under this contract.

The Contractor must designate an alternate Project Manager with the same qualifications.

Superintendent may substitute for a maximum of two consecutive weeks.

b. In addition, the Contractor shall keep a competent Superintendent who is directly employed by the Contractor on the job site at all times with the authority to act for the Contractor with the same force and effect of the Project Manager. The appointment of the Superintendent is subject to approval by the Contracting Officer.

1. Under this contract there may be multiple job sites with work in progress at the same time. The superintendent shall visit each site a minimum of once a day when work is being performed. Autonomy of the on-site superintendent is critical to the smooth operation of Center requirements. The Superintendent’s time shall be devoted exclusively to the supervision of work in progress under this contract only.

2. The Superintendent must have a minimum of five (5) years combined experience in the following positions: Project Superintendent, QC Manager, Project Manager, or Construction Manager on similar size and type construction contracts, which included the major trades that are part of this Contract. The individual shall have at least five (5) of the most recent years’ experience as a Superintendent on similar size, complexity and type contracts. The individual must possess and demonstrate extensive experience and a working knowledge in the full range of trades and disciplines typical to work under this contract (For example: architectural work and finishes, carpentry, structural, earthwork, pavement, utilities, concrete, heating, ventilation and air conditioning, piping, plumbing, fire alarm and protection, electrical distribution systems, lighting, lightning protection, telecommunications, multi-media, and interior furnishings). As a minimum, the individual shall demonstrate completion of High School level education.

The individual must be familiar with the safety requirements of USACOE Manual EM 385-1-1 and/or OSHA 1926 Construction, have a valid 30-hour Construction OSHA Certification Card (if the employee does not have the certification card, he/she shall obtain within 90 days after contract award), and have experience in the areas of hazard identification, safety compliance, and sustainability. Computer proficiency is required in such software systems as Word, Excel, and Outlook (e-mail). The individual must demonstrate a working knowledge and proficiency with MS Project or similar project management software.

3. The Superintendent must be delegated authority in writing by the Contractor to sign contract modifications, negotiate and reach agreement for the Contractor on matters such as change orders, time extensions, claims, and other issues arising under the Contract, which may lead to a contract modification. An original signature copy of this delegation of authority shall be provided to the Contracting Officer with the Superintendent’s resume. Otherwise, by virtue of the submission of the resumes of individuals for the Superintendent position, the Contractor is confirming the individual has the authority to sign for, and bind the Contractor, as related to any and all actions under this contract.

The Contractor must designate an alternate superintendent with the same qualifications. Project Manager may substitute for a maximum of two consecutive weeks.

c. If at any time during the contract performance period, the Project Manager or Superintendent’s job performance falls below a reasonable standard of professionalism and managerial competence, he/she shall be promptly replaced by the Contractor upon request from the Contracting Officer. Such a replacement would not be the basis for a claim under the Contract nor would it be subject to the Disputes Clause.

d. If at any time for any reason the Project Manager, Superintendent or Quality Control Manager are replaced during performance of this contract the replacement shall meet the same requirements as set forth herein. A detailed resume for the proposed replacement, depicting employment history, references, formal and continuing education, and such other information as the Contracting Officer may deem necessary, shall be provided to the Contracting Officer for approval. Resumes must describe Key Personnel experience in Indefinite Delivery-Indefinite Quantity (IDIQ) Construction, Simplified Acquisition of Base Engineering Requirements (SABER), or Job Order Contracts (JOC) experience in a magnitude range of $1.5M - $27.5M aggregate value over the contract life, with a performance period of at least 1 year. Information in the resumes shall include the individual’s name, employment history, and professional references. Their employment history shall include the name of the company, dates employed, specific projects worked, and job title or responsibility for each project listed.

5. CONTRACTOR QUALITY CONTROL

a. The Contractor shall establish and maintain an effective quality control system in compliance with Section C, Specifications; Federal Acquisition Regulation clause 52.246-12, Inspection of construction; and as herein provided. The Contractor quality control system consists of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, construction and operations that comply with contract requirements. The system shall cover construction operations, both on-site and off-site, and shall be keyed to the proposed construction sequence. This system will be clearly set forth in the Contractor Quality Control Plan. Contractor will submit plan, that fully explains their procedures and inspections that will ensure quality work, within 10 days after award.

b. The contractor shall hire an independent Quality Control Manager (QCM) to meet the requirements of the

Contractor Quality Control program, subject to the approval of the Contracting Officer. The CQM must meet the qualification requirements listed in 5.c and in the Specification 01 45 00 (Attachment 2)

c. The Quality Control Manager shall have a high school graduate level education as a minimum. The individual shall possess a total cumulative minimum of ten (10) years combined experience on similar private or Federal construction projects in the following positions: Project Superintendent, QC Manager, Project Manager, or Construction Manager. Of this cumulative experience, at least five (5) of the most recent years’ experience shall be as a QC Manager on similar United States Military or Federal agency construction contract. Similar construction contracts are defined to be of comparable cost, type and complexity of work and including the major trades that are part of this Contract. The individual shall be experienced with Federal administrative construction processes. The individual must possess and demonstrate extensive experience and a working knowledge in the full range of trades and disciplines typical to work under this contract (For example: architectural work and finishes, carpentry, structural, earthwork, pavement, utilities, concrete, heating, ventilation and air conditioning, piping, plumbing, fire alarm and protection, electrical distribution systems, lighting, lightning protection, telecommunications, multi-media, and interior furnishings). In addition to the above experience and education requirements, the QC Manager shall have completed the course entitled "Construction Quality Management (CQM) for Contractors." If the QC Manager does not have a current certification, he/she shall obtain the CQM for Contractors course certification within 90 days of award. This course is periodically offered by the Naval Facilities Engineering Command and the Army Corps of Engineers.

Contact these organizations for information on the next scheduled class. The individual must be familiar with the safety requirements of USACOE Manual EM 385-1-1 and/or OSHA 1926 Construction, have a valid 30-hour Construction OSHA Certification Card (if the employee does not have the certification card, he/she shall obtain within 90 days after contract award), and have experience in the areas of hazard identification, safety compliance, and sustainability. Computer proficiency is required in such software systems as Word, Excel, Outlook (e-mail). The individual must demonstrate a working knowledge and familiarity with MS Project or similar project management software.

d. Definitions:

1. Contractor Quality Control (CQC): The Contractor’s management and control of its own, its suppliers’, and its subcontractors’ activities to comply with the contract requirements.

2. Quality Assurance (QA): The means by which the Government fulfills its responsibility in assuring that the CQC is functioning and through reviews, surveillance and tests assures the completed project complies with the contract.

3. Quality Management: All control and assurance activities to achieve the quality established by the contract.

e. Refer to Section C, Technical Specifications Section 01 45 00, “Construction Quality Control” (Attachment #2) for additional information concerning the CQC program. A sample of the CQC Daily Report Form will be provided at the Pre-Construction Conference.

6. DESCRIPTION/UNIT PRICE BOOK/ORDERING PROCEDURE

a. General Intention: It is the declared and acknowledged intention and meaning of this contract to provide and secure services, labor, and material for construction, maintenance, and alterations at various buildings and structures at the Federal Law Enforcement Training Centers, Charleston, SC, through the issuance of individual task orders.

b. General Description: The Contractor shall furnish for the basic contract and each individual task order issued thereunder, all labor, transportation, materials, equipment, and supervision necessary to perform the required construction, maintenance, and alterations. This includes, but is not limited to, general construction, building repair and maintenance, HVAC maintenance and repair and special trades.

c. Unit Price Book: The Unit Price Book (UPB) used on this contract will be the R.S. Means Facility

Construction Cost Data or book, using the Bare Cost column, which provides for all costs excluding overhead and profit including subcontractor overhead and profit, adjusted by the Charleston, SC City

Cost Index Weighted Average. The coefficient shall cover all overhead and profit and shall not be priced with the R.S. Means. The City Cost Index shall be adjusted quarterly according to the published R. S. Means City Cost Index Quarterly Adjustment. The Contractors coefficient shall be applied to the total of the individual line items.

1. The current edition of the R.S. Means Facility Construction Cost Data at the time of contract award shall be used. At the beginning of each calendar year, within 30 days, the new edition of the R.S.

Means Facility Construction Cost Data or will be automatically incorporated into the contract, with the City Cost Index adjusted quarterly according to the published R. S. Means City Cost Index Quarterly Adjustment. The contractor is responsible for obtaining and adhering to the new R.S. Means Cost Data as applicable at no additional cost to the Government.

2. All prices in the UPB are for completed-in-place construction or renovation unless explicitly described otherwise; on occasion spare material and/or equipment will be specified as required by Task Order RFP. Waste or excess material quantities are incidental costs and shall be included within the contractor’s coefficient. Unless explicitly stated otherwise on the RFP, quantities submitted on individual task order proposals shall be taken from field measurements or design plans, as appropriate, without allowance for quantities in excess of measurements.

3. The “minimum” unit cost will be used whenever a UPB line item indicates a range of costs by listing

“maximum” and “minimum”. In unique and unusual circumstances as determined by the Contracting Officer, unit costs within a range of above the minimum and up to and including maximum may be non-prepriced.

d. Ordering Procedures

1. The government will issue a Request for Proposal (RFP) when a requirement exists for performance under the terms of the contract. The RFP will include a government prepared scope of work and drawings, as applicable, for each Task Order. Within 3 days of receipt of the RFP, the contractor shall schedule a site visit with the Contracting Officer or the Contracting Officer’s Representative. At the site visit, requirements and scope of work shall be discussed and the proposal due date shall be established by the government. Generally, contractor proposals will be due within seven calendar days from date of request by the government; however, the government shall reserve the right to establish a proposal due date less than seven calendar days.

2. Contractor develops cost proposal and construction schedule. The Contractor shall provide all necessary services for the planning, estimating, negotiating and execution of work under the terms of this contract for each Task Order. This effort shall include providing services as follows and as applicable:

(a) Preparation of cost proposal from the latest editions of the UPB in sufficient detail to ensure that all individual tasks are identified, along with quantities to ensure the project includes all of the tasks. If the tasks are not included in the latest editions of the UPB, the Contractor must provide justification and rational as to why the task should be non-priced.

(b) Preparation of a detailed construction schedule to accomplish the work to include lead time for procurement of materials, construction, submittal submission and review and required inspections.

(c) Proposal shall include preparation and planning necessary to accomplish the work. This might reasonably include drawings, calculations, catalog cuts, specifications, architectural renderings, etc.

Sufficient detail must be provided to convey adequate information to enable the construction work to be carried out successfully, completely and show all items negotiated and needed for the construction. The drawings, sketches, and layouts must be adequate to support the quality assurance and control functions.

(d) Measurements: All work units shall be derived from actual measurements taken. Deductions of square footage for openings shall be made and based on actual measurements. Some examples would be lights in ceiling tile replacement, or windows and door areas in partition walls requiring painting.

(e) The proposal shall identify tasks and quantities to support the scope of work and presented in an electronic estimating format generated using the latest version of CostWorks Estimating. The Government uses CostWorks Estimating by R.S. Means, 63 Smiths Lane PO Box 800, Kingston, MA 02364-9988. You can contact them by phone or fax at the following numbers: Phone: 800-334- 3509, Fax: 800-632-6732. These tasks must be in sufficient detail to support the scope of work and any sketches, cut sheets, or specifications that have been prepared. The UPB shall serve as the basis for establishing the value of the work to be performed on a unit price basis.

(f) Any sketches, supporting calculations, specifications or cut sheets, along with the Contractor’s proposal with quantities and tasks from the latest edition of the Means Facilities Construction Costs Data must be submitted to the Government for review prior to negotiations. After issuance of the task order, the Contractor must provide any necessary engineering services required to execute the work such as connecting with existing structures, electrical, or mechanical systems.

(g) As required by individual task order, the Contractor may be responsible for preparation of submittals and as-built drawings as required by individual task order.

(h) Minor design services. The Contractor may be required to provide design services as requested by the Government. If these services are requested, the price shall be negotiated as a non-prepriced item. It is required that these services be provided by properly certified/registered personnel.

3. Negotiations and issuance of task order. Upon receipt of the Contractor’s proposal, the Government will review the proposal and schedule negotiations with the Contractor. The Government will negotiate with the Contractor quantities, all non-prepriced items and performance of completion date. Performance times shall include times for construction, procurement of materials, submittal submission and review, punch lists corrections and final inspection. Once negotiated, the Contracting Officer will issue a task order to the Contractor.

7. QUALITY OF WORK

a. Workmanship shall be of the highest quality and in the best practices of the trade and shall conform to all the requirements of the federal, state and county codes, and nationally recognized product standards.

b. All replacement materials shall conform to the manufacturer’s specifications and standards. Substitute items shall be equal or better than the original material and must be approved by the Contracting Officer or the Contracting Officer’s Representative.

c. Where a choice of materials or methods, or both is permitted in this contract, the Contractor shall coordinate with the Government Project Manager to ensure the appropriate materials and methods are used for the work, unless otherwise required by specification. If a specific material or method is negotiated, no substitutions or changes will be permitted unless prior approval is obtained from the Contracting Officer.

8. WORK CONTROL

The Contractor shall develop and implement the necessary work control procedures as specified in this contract for receipt of, classification, and controlling all work requirements. The work control procedures should accurately reflect the current status of known work requirements and ensure their timely completion. Work requirements are to be classified by the nature of the work requirement, scope, and source. Task verification documents and task orders shall be a part of the work control procedures.

9. ENVIRONMENTAL PROTECTION

The Contractor shall comply with all applicable environmental protection requirements including all federal, state, and local laws, regulations, and standards. All environmental protection matters shall be coordinated with the Contracting Officer. Inspection of any of the facilities operated by the Contractor or work sites at which the Contractor is performing work under an individual task order may be accomplished by the Contracting Officer, his/her designated representative, or other authorized government personnel on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine and other costs. The Contractor shall also clean up any oil spills that result from the Contractor’s operations.

10. ASBESTOS MATERIALS

Known asbestos containing material will be indicated in the task order. If material is encountered which might contain asbestos and must be disturbed, do not touch material. Immediately notify the Contracting Officer’s Representative and the Contracting Officer on the task order in question. Within two (2) hours, notify the Contracting Officer in writing concerning the suspect material. Within fourteen (14) calendar days, the Contracting Officer will determine if there is asbestos, by either in-house forces or, by modification to the task order by directing the Contractor to order tests be accomplished. If the suspect material is asbestos and is part of the work, an equitable adjustment will be made to the task order in accordance with the Federal Acquisition Regulation clause 52.236-2, Differing Site Conditions. All asbestos handling must conform to the provisions of the current referenced guide Specification Section 01 57 19.00 20, Temporary Environmental Controls, FLETC Environmental Division regulations, and SC DHEC.

11. DISPOSAL

a. Debris, rubbish, hazardous waste and non-usable material resulting from the work under this contract shall be disposed of by the Contractor at the Contractor’s expense off of Government property in a legally acceptable manner. For Task Orders that create a large volume of debris, costs for dumpsters and disposal fees will be allowed as a prepriced item.

b. Hazardous waste must be disposed in accordance with the Resource Conservation and Recovery Act and its associated state and local regulations, as well as FLETC Environmental Division rules and regulations. The Contracting Officer or their assigned representative shall be notified prior to disposal of any hazardous waste.

12. SCHEDULE OF DRAWINGS

Any drawings which may be applicable to an individual task order will accompany the request for proposal for that task order and the resulting task order when issued.

13. SPECIFICATION DIVISIONS AND SECTIONS:

The Technical Specification Divisions are provided in Attachment #2 and are incorporated into the contract and subsequent task orders, as applicable. Additional sections may be incorporated throughout the life of the contract through modification to the basic contract on an as-needed basis.

14. AREA OF CONTRACT OPERATIONS

a. The Contractor shall take all precautions to ensure that no damage will result from their operations to private or public property on the contract and each task order. All damages caused by the Contractor shall be repaired or replaced by the Contractor at no cost to the Government.

b. Storage. All supplies and equipment on project site shall be stored so as to preclude mechanical and climatic damage. Materials and equipment shall be protected in accordance with the manufacturer’s recommendations. Maintain site in a neat and orderly manner daily.

c. Cover and protect equipment, to include computer and electronic equipment that is to remain in place within the area of contract operations and protect it against damage or loss. Store equipment that is removed in performance of work where directed or reuse in work as required by drawings and specifications. Equipment temporarily removed shall be protected, cleaned, and replaced equal to its condition prior to starting work. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the Contractor.

d. Noise Control. Comply with all applicable State and Local laws, ordinances, and regulations relative to noise control.

e. Availability of Elevators. Any temporary use of an existing elevator shall be by arrangement through the

Contracting Officer’s Representative and is subject to his/her controls on duplicable load capacity. The Government will bear the cost of electrical current for the operation of the elevator.

f. Traffic Control. The Contractor shall be responsible for providing all necessary traffic control, such as street blockades, traffic cones, flagmen, etc. as required for each individual task order at no additional cost to the Government. Proposed traffic control methods shall be submitted to the Contracting Officer for approval a minimum of five (5) working days prior to the time the traffic will be affected. No street and/or road shall be completely closed to traffic. At the beginning of each working day, the Contractor shall notify the Contracting Officer’s Representative of the location(s) of work to be performed that day and any anticipated traffic control problems.

g. Cleanup.

1. Daily Cleanup. The Contractor is responsible for cleaning up the work site on each task order daily.

Waste paper, cans, bottles, construction debris, etc., shall be removed from the work site daily by the Contractor. Unless specifically identified in the individual task order, the Contractor shall not use existing trash receptacles/dumpsters for this cleanup.

2. Final Cleanup. The Contractor shall ensure that the area of contract operations for each task order is left clean and free of any waste paper, cans, bottles, construction debris, etc., prior to the completion of that task order. Final payment for each task order will not be made until final cleanup of the work area is completed.

15. SAFETY AND HEALTH

a. General Requirements

1. Requirements for construction safety are provided in the following and are applicable to all work associated with this contract:

(a) 29 Code of Federal Regulations (CFR) Part 1910, Occupational, Safety and Health Administration

(OSHA) General Industry Safety and Health Standard, Publication V2206

(b) 29 CFR Part 1926, OSHA Construction Industry Standards

(c) 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants

(d) Occupational Safety and Health Program, FLETC Directive 70-09

(e) Federal Standard 313, Use of Asbestos Containing Material, ETL 1110-1-118 Policy and Guidelines for Asbestos Management, DA Circular 40-834

(f) Various health and safety clauses and provisions of the Federal Acquisition Regulation cited in the solicitation and contract

2. The contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of this contract and shall hold harmless for any action or inaction on the Contractor’s part or that of their employees or subcontractors which results in illness, injury, or death.

(a) The contractor shall use the above referenced publications in all aspects of the contract performance to minimize disruption of operations due to mishaps.

(b) Periodic project safety oversight by the FLETC Environmental and Safety Division may be performed as necessary to ensure compliance with contract requirements, but safety inspections of contractor worksites are the responsibility of the Contractor. If any violations of safety regulations are noted by the Government, a Contractor Construction Safety Violation, Form FTC-FMD- 66, Section J, Attachment #4, will be issued.

(c) It is FLETC policy that any person noticing an unsafe act that could cause imminent danger to the life or health of an individual or cause significant damage to Government property has the right to direct the Contractor to stop work on that portion of the project. The contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this paragraph.

(d) Any safety or health concern which is brought to the attention of the Contractor shall be resolved within 24 hours of written notification.

(e) The Contracting Officer may, if the Contractor fails to correct unsafe practices in a timely manner or continues to allow recurrent safety violations of the same nature, order work to be stopped on the project until corrections are made. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this paragraph.

http://portal.fletcnet.dhs.gov/sites/org/DO/ISP/DirectivesDelegations/FLETC%20Directives/FD%2070-09%20APPROVED.pdf

3. Pre-construction Safety Meeting. The Contractor shall meet with the

Contracting Officer, his/her representative(s), and representatives from the FLETC Environmental and Safety Office prior to the start of this contract. The Contractor shall ensure that their Superintendent, Project Manager, Safety representative, and the same from the major subcontractors, attend this meeting. The purpose of the meeting is to review the Contractor’s safety and health programs and to discuss implementation of all safety and health provisions pertinent to the work to be performed under this contract. The Contractor shall be prepared to discuss, in detail, the measures he intends to take in order to control any unsafe or unhealthy condition associated with the work. The level of detail for safety shall be dependent upon the nature of the work under contract and the potential inherent hazards. The meeting may be held in conjunction with the pre-construction conference, if so directed by the Contracting Officer.

4. Definition of Hazardous Materials. Refer to hazardous and toxic materials/substances included in

Subparts H and Z of 29 CFR 1910 and to others as additionally defined in Federal Standard 313.

Commonly encountered hazardous materials include, but are not limited to, asbestos, lead paint, polychlorinated biphenyls (PCBs), explosives, and radioactive material. Asbestos may be found in sprayed-on fireproofing, insulation, boiler lagging, pipe covering, and other areas.

5. Safety Data Sheets (SDS). Submission of the SDS shall be in accordance with OSHA 1926.59, HAZCOM Standard. SDS shall be submitted to the Contracting Officer for all hazardous material brought onto or used on the FLETC. The Contractor shall submit the SDS in accordance with FAR clause 52.223-3, Hazardous Material Identification and Material Safety Data, Alternate I, at least two

(2) working days prior to the intended use of the hazard material.

6. Accident/Mishap Prevention and Reporting

(a) Accident Prevention Plan. The Contractor shall submit to the Contracting Officer Accident

Prevention Plan for approval. A guide for the plan can be found in USACOE Manual EM 385-1- 1, Appendix A. The Contractor's plan will be job specific and will include work to be performed by subcontractors, and measures to be taken by the contractor to control hazards associated with materials, services, or equipment provided by suppliers. Consideration will also be made to cover the prevention of workplace violence and alcohol/drug abuse on the job. The plan, specific to this contract, should address, as a minimum, the following:

(1) The Cover Sheet of the Plan shall include:

i. Contract Number, Project Title, and Description.

ii. Statement that all work under this contract will be in compliance with Occupational Safety and

Health Administration Title 29 Code of Federal Regulations, Parts 1910 and 1926, FLETC Safety Manual, and any other regulation applicable to this contract.

iii. Statement that the Superintendent, Project Manager, and Contractor Safety Representative (if required) will ensure compliance with this plan.

iv. Name, Title, and Signature of the official within the Contractor’s organization who has reviewed and approved the Safety Plan. If the Contract requires a Safety Representative, his/her signature is required.

v. Name, Title, and Signature of the official within the Contractor’s organization who has the authority to bind the Contractor.

vi. Signature block for the approval/disapproval of the Contracting Officer.

vii. Identification and accountability of personnel responsible for accident prevention.

viii. Local requirements.

ix. Coordination of work with subcontractors.

x. Plans for layout of temporary construction buildings and facilities.

xi. Plans for initial indoctrination, continued safety education, and training.

xii. Plans for traffic control and marking of hazards.

xiii. Plans for maintaining continued job cleanup, safe access and egress.

xiv. Plans for fire protection, fire inspections and dealing with emergencies. Contractor should coordinate with FLETC Security, local hospitals, emergency services, etc. in advance.

xv. Plans for safety inspections of job sites. A responsible person shall be designated by name.

xvi. Procedures for accident investigation and reporting.

xvii. Details of fall protection.

xviii. Description and sketch of temporary power distribution

xix. Description of safe clearance procedures.

xx. Description of office trailer anchoring system.

xxi. Contingency plan for severe weather.

xxii. Personal protective equipment plan.

xxiii. Plan outlining sanitation facilities, including drinking water, eating areas, toilet facilities, etc.

xxiv. Activity Hazard Analysis section. (This section will be discussed further in Sub Paragraph 3 below).

xxv. Hazardous Materials Management

xxvi. Lockout / Tagout

xxvii. Heat Stress Controls

(2) Accident Prevention Plan Training. The Contractor shall be responsible for obtaining all

Federal, State, and local training that may be required for the various operations under this contract. Each of the contractor's employees shall receive an initial safety indoctrination based on the safety program required by the contract. The contractor shall maintain a written record of employees who have received this indoctrination and shall be made available to the Contracting Officer upon request. Topics to be covered are given in USACOE Manual EM 385-1-1, par. 01.B.02. The contractor shall conduct safety meetings for all supervisors at least once a month to review past activities, plan ahead, and establish safe working procedures for anticipated hazards. Minutes of these meetings shall be submitted to the Contracting Officer within three working days of the meeting. At least one safety meeting shall be conducted weekly by a field supervisors or foreman for all workers. This is commonly known as the "Weekly Tool Box Safety Meeting." Minutes of the meeting will include date, time, attendance, subject discussed, and who conducted the meeting and shall be provided to the Contracting Officer within three working days of the meeting.

(3) Construction/Operation Activity Hazard Analysis. An Activity Hazard Analysis (AHA) will be developed by the contractor for the entire contract and considered a submittal requirement prior to the commencement of the contract. US Army Corps of Engineers (USACOE) Savannah District Pamphlet (DP) No. 385-1-1 provides guidance in preparing the AHA in accordance with USACOE Manual 385-1-1. The AHA will be submitted to the Contracting Officer’s Representative and shall be developed specifically for the job activity on this contract addressing those hazards expected in the activity. The AHA will address the following major points: (i) Activity being performed (ii) Sequence of work, and (iii) Hazards to be controlled and the procedure implemented to control them (i.e., noise, lead, heat stress, asbestos, equipment hazards etc.).

Note: the contractor and QA personnel will discuss The AHA at the preparatory phase and work will not proceed on that phase until the Government has accepted the AHA. A copy of each AHA should be kept with the minutes of the preparatory phase or QA report.

(4) Contractor Mishap Investigations and Reporting. The contractor shall provide to the

Contracting Officer a Contractor Significant Incident Report (CSIR). This report shall be submitted for incidents involving the contractor and/or any tier subcontractor.

i. Recordable Mishaps. Any contractor occupational injury or illness that results in a lost workday case, or non-fatal case shall be investigated and a copy of the investigation submitted by the prime contractor to the Contracting Officer.

ii. Mishap Reports. Contractors shall be required to report serious mishaps (Contractor mishap involving a fatality or the hospitalization of three or more workers; or property damage in excess of $10,000) to the Contracting Officer within eight (8) hours of the mishap. In addition, the contractor shall report all lost workday mishaps (those mishaps that result in a lost workday) to the Contracting Officer within 24 hours. The contractor shall make available all information to the Contracting Officer or the designated representative upon request.

iii.Any mishap on the FLETC that results in personal injury or damage to property may be investigated by FLETC personnel in addition to the contractor’s review. If there is evidence of criminal activity, a criminal investigation may also be initiated by the FLETC.

b. PRACTICES.

1. Inspections, Tests, and Reports. Any inspections, tests, and/or reports made by the Contractor, subcontractor, specially trained technicians, equipment manufacturer, or others regarding safety under this contract and the compliance thereof, shall be at the Contractor’s expense.

2. Materials and Equipment. Special facilities, devices, equipment, clothing, and similar items used by the Contractor in the execution of this contract shall comply with the applicable regulations.

Minimum dress requirements are long pants, shirts with a least a five (5) inch sleeve, socks, and shoes. No electronic devices (i.e., radios; iPods; etc.), except cellular phones, of any kind will be allowed on the job site unless approved by the Contracting Officer.

3. Hazardous Materials. The Contractor shall bring to the attention of the Contracting Officer any material suspected of being hazardous which he encounters during execution of this contract. A determination will be made by the Contracting Officer as to whether or not the Contractor shall perform tests in addition to the tests already required by the contract on the suspected hazardous material. If the Government requires the additional testing by the Contractor, the Government shall modify the contract to reflect the actual costs of the additional testing. If the Government determines, without additional testing, that the material is non-hazardous and the Contractor obtains testing on its own, the Government will not be responsible for any costs incurred by the Contractor for the testing unless the testing indicates the material is hazardous. An equitable adjustment under FAR clause 52.236-2, Differing Site Conditions, may be appropriate.

16. UTILITY SERVICE

a. Project Related: When available, water and electrical services may be used in this work at no cost to the Contractor. The Government will furnish water and electric current at existing outlets as may be required for work to be performed under this contract and subsequent task orders. Contractor shall make arrangements for such services with the Contracting Officer or his/her designated representative.

Information concerning the location of existing outlets may be obtained from the Contracting Officer’s

Representative. The Contractor shall be responsible for operating under conditions which preclude the waste of utilities, which shall include:

1. Lights shall be used only in areas where and the time when work is actually being performed.

2. Mechanical equipment controls for heating, ventilation and air conditioning systems will only be adjusted by the workers to the extent needed to accomplish work and to avoid wasted effort. When working in spaces where the heating, ventilation, and air conditioning systems are in use during the performance of work, the Contractor shall protect the equipment from damage caused by the work such as sanding or other work that may cause damage to the equipment. The cost of filters or part replacement needed due to work performed by the Contractor shall be the Contractor’s responsibility.

3. Water faucets or valves shall be turned off after the required usage has been accomplished.

b. Contractor’s Office: Pursuant to FAR clause 52.236-14, Availability and Use of Utility Services, reasonable amounts of…