Attach 13 - General Provisions MACC - 10 Feb 11.doc

FA4690-10-R-K102

Attachment 13

GENERAL PROVISIONS

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

10 Feb 11

INDEX FOR GENERAL PROVISIONS

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

1. Definitions

2. Description of Work

3. Contractor Operations

4. Commencement, Prosecution, and Completion of Work

5. Design Documents

a. Drawings

b. Specifications

c. Design Analysis

d. Perspective Drawing

e. Storm Water Pollution Prevention Plan

6. Progress of Work

7. Material Approval Submittals

8. As-Built Drawings

9. Operation and Maintenance Manuals

10. Warranty of Construction

11. Program Management

12. Quality Control

13. Subcontracting Support Capability

14. Project Execution and Technical Support

15. Government Furnished Equipment / Materials

16. Government Equipment On Site

17. Disposal of Waste

18. Staging / Storage & Construction Site Maintenance

19. Work in Special Security Areas

20. Delays in Entering and Leaving Work Area

21. Safety and Health

22. Asbestos Requirements

23. Lead Based Paint Requirements

24. Precautions Against Hazards

25. Use of Tobacco Products in Air Force Facilities

26. Recording and Preserving Historical and Archeological Finds

27. Toilet Facilities

28. Airfield Requirements

GENERAL PROVISIONS

FOR

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

1. DEFINITIONS :

a. 35% Design - When submitted with a proposal in response to an RFP, documents which show the essential components of the proposed design and convey that the contractor fully understands the RFP requirements and that his / her proposed price includes all required elements of work to complete the project. Whether provided prior to or after award of the Delivery Order (DO), the documents will include the following minimum information, as applicable to the project; drawings, a listing of sections to be incorporated in the specifications, and any other design components relating to the 35% design as identified in the RFP, to include color boards and samples for interior and exterior finishes. Major mechanical and electrical equipment items shall be shown on the drawings with single line diagrams. All utilities and structures shall be shown. Drawings shall also include the following, as applicable:

(1) All required controlling dimensions. Site plan showing proposed location of work including benchmarks, access from main roads, and surface or sub-surface drainage concepts.

(2) Floor plans with dimensions and functional arrangement of all areas; including corridors, exits, stairs, and utility spaces properly related to exterior access, roads, parking, and service areas, etc. Individual treatment shall be given items involving special design and/or deviations from accepted standards and of complex design. Gross floor areas shall be shown for each floor and for the entire building. Floor and roof framing, and loadings shall be indicated. Built-in, installed, and specialized portable equipment shall be indicated to scale. Pertinent information regarding fire prevention and safety requirements shall be shown. Design live and wind loads shall be shown.

(3) Elevations shall include story heights, fenestration, and adaptation to finished grades at the site.

(4) Sections of structures, including framing, partitions, suspended ceilings, (if any), ducts, etc., shall be shown.

(5) Typical wall sections shall be shown at a scale of no less than 3/4 inch = 1 foot. Sections shall include material and thicknesses, methods of attachment, and type of windows with relation thereof to supporting structural columns or walls.

(6) For heating, air conditioning, mechanical ventilation and plumbing, and special features such as elevators, hoists, kitchen equipment, etc., indicate the location, capacity, and space requirements for all major items of mechanical equipment. Single line indication and riser diagrams of ducts, pipes, and equipment and their approximate location shall also be shown. Indication shall be made as to whether piping and duct work are exposed or concealed. Functional areas where pipes are exposed shall be delineated. Approximate operating range or capacity for heating, ventilation, air conditioning, and refrigeration equipment shall be clearly stated. Information relative to the “R” value of the structure shell shall be included.

(7) For electrical systems, indicate lighting arrangements, type of fixtures proposed, general light intensities, special electrical requirements of the user, including communications and electronic facilities where applicable, light and power service entrance and distribution arrangement. Conduits, including those to be wired by others, shall be shown together with indication as to whether conduits are exposed. Functional areas having exposed conduits shall be delineated. Riser diagrams, showing service equipment, feeders, and panels, other than branch circuits, shall be shown. Cable sizes, current demand factors and the switch and panel board descriptions are not required at this time. Location capacity and space requirements of all major items of equipment shall be shown including interior substations with service equipment and panels. Power, communication, and electronic features will be indicated in sufficient detail to identify requirements clearly and to indicate the means of satisfying the requirements, to include the brand name of equipment specifically required by the RFP.

(8) Provide separate lists of all Government-furnished equipment to be installed by the contractor and equipment furnished and installed by the Government, if applicable. The contractor will not proceed to the next design stage until the Contracting Officer issues a Notice to Proceed to the subsequent design milestone. The contractor should expect to attend design review meetings at EAFB for each required design milestone. The contractor is responsible for documenting and distributing the minutes of the design review meetings.

b. 65% Design - Documents building upon the 35% design, including drawings and the complete text of the specifications. The drawings will show an additional 30% progress in all disciplines which may include site plans, floor plans, elevations, wall sections, details, and all other elements as identified in the 35% design. All cut sections and details shall also be shown on the drawings at this time. Any updated or corrected design analyses of architectural, structural, civil, electric, mechanical, and utility systems shall be included. The contractor will not proceed to the next design stage until the Contracting Officer issues a Notice to Proceed to the subsequent design milestone.

c. 95% Design - Documents building upon the prior design submittal. This will include, for review, final and complete drawings, and specifications. All project requirements identified in the most current RFP revision, site visit minutes, solicitation amendments, modifications, or documented review comments must be incorporated. The contractor will not proceed to the next design stage until the Contracting Officer issues a Notice to Proceed to the 100% design.

d. 100% Design - Documents building upon the prior design submittal which includes the required professional certifications and final contractor accomplished corrections based on the Government's review of the prior design documents.

e. General Information and Project Requirements (GIPR) - A document prepared by the government and issued to the contractor, as part of the RFP or IFB, which contains the overall requirements and considerations of the proposed project. Also, information such as budget limitations, type of solicitation, and design certifications and drawings required to be prepared by the contractor (for design-build RFP’s only) may be included.

f. Statement of Work (SOW) - A document prepared by the government and issued to the contractor, as part of the RFP or IFB, which defines the specific technical requirements for the project.

g. Invitation for Bid (IFB) - A package of documents issued to a contractor requesting a firm price for construction of a project based on the GIPR and SOW. Once submitted, no revisions to the bid are permitted.

h. Request for Proposal (RFP) - A package of documents issued to the contractor requesting a proposal for construction and, when applicable, design documents, for a project based on the GIPR and SOW. Following submittal of the proposal and at the government’s option, discussions may be held with the contractors to clarify elements of the proposal.

i. Professional Certification - The process of affixing a seal or statement to a drawing or design document to indicate that the work to which it is affixed has been performed by a person licensed as a professional, in that area of expertise, in the state of South Dakota or as otherwise indicated in the RFP.

j. Conventional Design-Build - The process by which the same contractor provides both the design and construction services for a project, typically completing the entire design before construction activity begins.

k. Fast Track Design-Build - The process by which the same contractor provides both the design and construction services for a project, starting construction at a mutually agreed point prior to completion of the design and construction drawings.

l. Government Furnished Equipment (GFE) / Government Furnished Material (GFM) - Items of equipment or material which the government will supply to the contractor for use in the construction of a project.

m. Color Board - A visual presentation consisting of samples of the various finishes, grouped together based on location within the project. Samples shall be of adequate size to show the full pattern, texture, and color of each item.

n. Best Value - A process which may be incorporated into an RFP to evaluate proposals based on the quality of the overall design or other criteria included in the RFP, in addition to price. When used, the “best value” evaluation factors will be included in the RFP and may vary between projects. Award may be made to other than the offeror proposing the lowest price. The following definitions apply to the “best value” process:

(1) Evaluation Factors – Those elements of a project, as identified in the RFP, which represent significant importance to the successful execution of the project, used to evaluate the strengths or weaknesses of the proposal.

(2) Strength – A substantive aspect, attribute, or specific item in the proposal that exceeds the RFP requirements and enhances the probability of successful contract performance.

(3) Weakness – A flaw in the proposal that increases the risk of unsuccessful contract performance.

(4) Deficiency – A material failure of a proposal to meet the RFP requirements or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

(5) Rating – The application of a scale of words, used in conjunction with narrative, to denote the degree to which the proposal has met the requirements established by the RFP.

(a) Above Average – Proposal reflects the contractor’s intent to exceed the requirements established by the RFP. Proposal reflects some strengths that may be of benefit to the government. Deficiencies noted are of a minor nature. The proposal demonstrates that the requirements of the RFP are understood, that all requirements have been met, and some requirements exceeded.

(b) Satisfactory – Proposal reflects the contractor’s intent to meet the minimum requirements established by the RFP; few, or no, strengths. The proposal contains only minor weaknesses. Complete and comprehensive proposal reflecting an understanding of the scope and depth of the work.

(c) Below Average – Proposal reflects only minimally acceptable understanding of the requirements established by the RFP. The proposal does not adequately address the specific criterion or has several deficiencies.

o. Design Costs - Those costs identified by the contractor, on the Bid Schedule which represent the portion of the overall project cost attributed to preparation of the 100% design and construction documents. Design costs may not exceed 6% of the construction cost.

p. Investigative Costs – Those costs identified by the contractor, on the Bid Schedule, which represent the portion of the overall project cost attributed to all investigative services necessary to prepare the 100% design and construction documents

q. Investigative Services – For exterior work / new facilities, the investigative services typically include, but are not limited to, performing a survey of the project site including topography, cross sections, drainage survey, and bench level circuit. In addition, it may include verification and documentation of the location and size of all existing utilities and pertinent surface features for inclusion in the 100% design documents. For exterior and interior work, the investigative services should also include verification of all existing conditions affecting the design and execution of the work as described in the RFP.

r. Designer of Record (DOR) - The individual accountable for specific portions of the design documents. Where professional certification is required for the design, the DOR would be the individual providing certification for that portion of the design. Where professional certification is not required, the DOR would typically be the individual who provided the design or specifications for a particular aspect of the project (ie: architectural, civil, structural, mechanical, or electrical).

2.

DESCRIPTION OF WORK:

a. Contract Scope:

The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property at Ellsworth AFB, South Dakota (EAFB). The projects will include tasks in a variety of trades such as demolition, site work, excavation, cast-in-place concrete, masonry, structural steel, electrical, mechanical, painting, millwork, and other specialty and general contracting work. (NOTE: Extent of work not to be accomplished under this contract concerning military family housing (MFH) maintenance primarily includes, but is not limited to Change of Occupancy Maintenance (COM), Recurring Installed Equipment Maintenance, Cleaning, Emergency Support Services, Major Maintenance, Playground Maintenance, Service Calls Maintenance Management, Recurring Maintenance, Appliance Installation and Service, and Exterior Facility Maintenance. The MFH contractor maintains all military family housing units. Military family housing maintenance applies to all housing units including all interior / exterior components and accessories, fences, garages, carports, storage sheds, playgrounds, tennis courts, basketball courts, and bus shelters.)

b. Bid / Proposal Preparation:

An Invitation for Bid (IFB) or Request for Proposal (RFP) issued under this contract will be issued to all contractors and will include, but is not limited to, the General Information and Project Requirements (GIPR) and a Statement of Work (SOW) defining the project requirements. The project may ultimately require the contractor to produce a full design, partial design, or no design depending on the project complexity and / or level of design already available and provided to the contractor in the RFP / IFB. Following are the three types of execution process examples anticipated under this contract as depicted in the attached flow chart.

Example 1: Projects which are already 100% designed. An IFB containing the 100% design documents will be issued. A bid must be submitted in the prescribed format. Award will be made to the low, responsive bidder.

Example 2: Projects which are not already 100% designed and do require design effort by the contractor. An RFP for a new project with no, or partial design already accomplished by the Government may include requirements to provide a 35% design as part of the contractor’s proposal. In lieu of the 35% design, the RFP may only require the offerors to submit certification that their proposals include all work described in the GIPR, SOW, and bid schedule and attach a proposed submittal schedule and index of proposed specifications sections. If awarded a Delivery Order (DO) for the project, the successful contractor will, as necessary, complete the design to the 100% level. This will include participating in design reviews, conducted at Ellsworth AFB, at each design milestone (35%, 65%, etc) required by the RFP. The contractor is responsible for recording and distributing the minutes of design review meetings. In addition to the above, the RFP may also include, but is not limited to, the following, as applicable, based on the level of design required:

(1) Government prepared sketches, and any available as-builts, specifications, or design information.

(2) Design calculations requirements.

(3) Construction drawings requirements including professional certifications.

(4) Direction regarding fast-track vs. design-build.

(5) Timeframes for preparing the proposal, completing design work, and completing construction.

(6) Contractor prepared specification sections and version required (minimums)

(7) Submittal requirements (minimums)

(8) Government Furnished Materials (GFM) or Government Furnished Equipment (GFE)

Example 3: Projects which are not already 100% designed and do not require design effort by the contractor. An RFP or IFB will be issued indicating that no design effort by the contractor will be required. The information provided in the RFP / IFB will be adequate to define the details of the desired work. It is anticipated that this process will be utilized for non-complex or repetitive work types of projects where design cost and effort is not warranted. However, material / equipment submittals as well as as-built drawings may be required as indicated in the RFP / IFB. Although design documents will not be developed, the work performed must conform to the GIPR, SOW, and all MACC contract requirements to include these General Provisions and Specifications sections 01000 and 01800.

c. Bid / Proposal Evaluation Criteria:

Proposals / bids will be evaluated based on the criteria identified in the RFP / IFB. In addition, at the government’s discretion, “best value” criteria when described in an RFP may also be incorporated into the evaluation process. RFP’s will indicate the minimum requirements which must be met in order for a proposal to be considered technically acceptable. The government reserves the right to enter into discussions with responsive contractors (those submitting technically acceptable proposals) for the purpose of requesting clarifications or minor revisions to the proposals. Any proposal which does not address all requirements set forth in the RFP will be determined to be technically unacceptable.

3.

CONTRACTOR OPERATIONS:

The Contractor shall conduct all operations in accordance with the Ellsworth AFB Special Provisions (Specification Section 01000) found in Attachment 4.

4. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK:

The contractor shall commence work and complete the projects in accordance with the time frames established in the Delivery Order (DO) and Notice to Proceed (NTP).

5. CONTRACTOR PREPARED DESIGN DOCUMENTS:

Unless otherwise identified in the RFP, the design documents developed by the contractor shall comply with the following minimum requirements:

a. Drawings:

(1).The contractor will receive one copy of the appropriate record drawings if available, with the RFP. The Government does not guarantee the accuracy or adequacy of the existing as-built drawings. It is the Contractor’s responsibility to field-verify all as-built drawings during preliminary site visits, planning of the project, and prior to issuance of each DO. Contractor shall be responsible for the reproduction of these drawings if multiple copies are needed.

(2). The RFP will identify the sizes of drawings, either Standard D (24” x 36”) or Standard B (11” x 17”), to be submitted with the proposal and each subsequent review milestone (65%, 95%, and 100%). Contractor developed drawings, included with a 35% design submitted with a proposal, may be prepared by any means which produces neat and legible documents conforming to industry standards. Contractor developed drawings beyond the 35% point shall be prepared utilizing Auto CADD 2006 (or newer version). The Ellsworth AFB cover sheet and title block sheets shall be used, templates for which will be provided to the Contractor in Auto CAD 2006 (or newer version). All drawings shall be prepared in Standard English scale. When required by the RFP, the Contractor shall submit three (3) sets of Standard D or B size drawings (or as otherwise required by the RFP) to the Contracting Officer with his / her proposal. Once awarded the DO for a specific project, the successful contractor shall provide a minimum of three (3) complete sets of drawings, (or as otherwise required by the RFP), in the same size and format and one copy of the plans in PDF format, with each intermediate and final design submittal. Also, unless otherwise stated in the RFP, one set of Standard B drawings shall be provided with the 100% submittal as well as a CD ROM containing one (1) copy of the plans and specifications in PDF format. Throughout the design process, each submittal shall be clearly identified as to the level of completion (ie: 35% etc.). The “revisions” blocks on the plan sheets shall not be utilized to document changes to the drawings until after the 100% design is completed and accepted by the government.

(3).The Contractor shall prepare drawings, as specified in the RFP, for Government approval prior to the start of construction. All completed drawings shall clearly identify the work being performed under the DO. Unless otherwise identified in the RFP, use of existing drawings provided by the government will be allowed provided they are modified by the contractor to accurately reflect the project requirements. Each sheet shall have an approved title block and border with professional certification when required by the RFP. The title block shall contain project information including but not limited to Project #, DO#, Project Name, and date. Basic design criteria utilized for each discipline will be included on the appropriate drawings as required by the RFP. Examples would include wind and live/dead loads assumed for structural elements, function specific conditions such as lighting levels or future use considerations for electrical systems, site specific climatic design conditions for mechanical systems, and International Building Code analysis (performed to the same level as if being applied to a building permit process). The following is a list of drawings which might typically be required under this contract:

(a) Cover Sheet with Title and Approval Block (showing haul route)

(b) Existing Site Plan

(c) Final Site Plan

(d) Grading / Landscaping Plans

(e) Underground Utility Plan and Profiles

(f) Demolition Plan

(g) Floor Plans / Furniture Layouts

(h) Elevations

(i) Finish Schedule

(j) Wall and Roof Sections

(k) Window and Door Schedules

(l) Ceiling Plan

(m) Details

(n) Mechanical Plan and Schedules

(o) Plumbing and HVAC Riser Diagrams

(p) HVAC Controls Diagrams

(q) Electrical Site Plan

(r) Power Plan and Panel Schedule

(s) Electrical Plan and Lighting Plan with Schedule and details

(t) Fire Protection Plan

(u) Communications Plan

b. Specifications:

(1) For projects not previously designed, unless otherwise noted in the RFP, the technical specifications to be utilized by the contractor shall be Masterspec, Short Form or Long Form versions. In special circumstances, alternative specifications formats may be required based on specialized materials or construction techniques being utilized. In the RFP the government will identify the specification sections, which represent major elements of work and, as a minimum, are to be included in the project. Three (3) sets (or as otherwise required by the RFP) of the specifications index for those sections, as well as other specification sections appropriate to the anticipated work and added by the contractor, shall be included in the 35% design submittal. The RFP will also identify whether the Long Form or Short Form version of Masterspec is to be used. Once awarded the DO for a specific project, the successful contractor shall electronically edit the specification sections, previously identified, to correspond with the work proposed in the project. At the contractor’s option, specification sections may be edited to reflect the specific product(s) being proposed. Adequate information must be provided to the government, as part of the design review package, to allow a thorough review of the specified product or material. Once approved as part of the design submittal review process and incorporated into the project specifications, there will be no further requirement to submit information, related to that item, for approval unless subsequent product information is developed such as shop drawings for equipment installation. A minimum of three (3) hardcopies of edited specifications (or as otherwise required by the RFP) and one copy in PDF format shall be provided with each intermediate and final design submittal.

(2) In addition to the technical specifications described above, the current version of the following references are to be utilized as applicable in the preparation of project designs;

Design Compatibility Standards - Ellsworth Air Force Base (Attach. 6) Americans with Disabilities Act (ADA) Accessibility Guidelines UFC 3-600-01, Fire Protection Engineering For Facilities, UFC 4-021-01, Design and O & M: Mass Notification Systems Ellsworth AFB Supplement 1 to ACC Instructions 32-1054, “Exterior Signs” (Attach. 8) Ellsworth AFB Underground Electrical Requirements (Attach. 11) ACC Supplement to AFI 32-1063, “Electric Power Systems” (Attach. 10) American Society of Testing and Materials (ASTM) Standards

American National Standards Institute (ANSI) Standards

National Fire Codes, International Building Code

Uniform Mechanical Code

Uniform Plumbing Code

National Electrical Code (NEC)

ANSI C-2, National Electrical Safety Code (NESC) Life Safety Code, NFPA 101

National Fire Protection Association (NFPA)

ANSI/ASCE 7-95

UFC 4-010-01 Minimum ATFP Standards for Buildings

Ellsworth AFB Base Fire Protection Standards (Attach. 7) Green Building & LEED Core Concepts Guide, 1st Edition (US Green Building Council, 2009) UFC 3-400-10N Mechanical Engineering (Final Draft)

UFC 3-400-01 Energy Conservation

UFC 3-400-02 Design: Engineering Weather Data

UFC 3-410-01FA Heating, Ventilating, and Air Conditioning

Engineering Technical Letter (ETL) 03-2: Design Criteria for Prevention of Mold in Air Force Facilities

ACC Mechanical Room Standards and any applicable manufacturer or industry specifications associated with material, supplies, or systems utilized in the project design. If a discrepancy exists between these documents, the contractor shall bring this to the attention of the Contracting Officer and shall utilize the most stringent requirement(s) in the preparation of the project design.

(3) A copy of the Design Compatibility Standards – Ellsworth Air Force Base, is included as Attachment 6 in the Appendix. (Note that due to the size of the electronic files, the photos have been deleted– hard copies of the document, including the photos, will be provided to the contractor following contract award.) Also, copies of Ellsworth AFB Supplement 1 to ACC Instructions 32-1054 (Attachment 8), Ellsworth AFB Underground Electrical Requirements (Attachment 11), Ellsworth AFB Base Fire Protection Standards (Attachment 7), ACC Supplement to AFI 32-1063 (Attachment 10), and ACC Mechanical Room Standards (Attachment 12) are included in the Appendix. The contractor shall procure a copy of each of the other documents identified in paragraph (2) above for use during the term of this contract.

(4) Specification Section 01000, Ellsworth AFB Special Provisions, shall be edited, by the contractor, only to the extent necessary to reflect the project requirements as set forth in the RFP. The text of those paragraphs, which do not apply to the project being designed, shall be deleted but the paragraph number and title shall be maintained followed by “NOT APPLICABLE”. Section 01000, and Specification Section 01800, Environmental Provisions, shall be included in all contractor prepared specification packages. Note that section 01800 shall not be modified by the contractor. Copies of both specifications sections are included in the Appendix. (Attachments 4 & 5)

(5) The bottom of each specification page shall have the following information indicated in the format noted:

Project Number

Section Number

Page Number of the Section

When the last page of a section is encountered, the following shall be noted (centered) after the last para-graph

END OF SECTION

(6) The use or specification of materials not made in the United States is prohibited. Only American made products shall be used in this project.

(7) Submittal Schedule: Required submittals shall be listed on this form and the form included in the specifications, ensuring all items requiring submittals are annotated. Normally, three (3) copies of printed matter and one (1) material sample are required. Reference each submittal item on the form to the specification section and paragraph. Consecutively number each page of the submittal, e.g. “Page 1 of 1”. Use all line number rows on one page before starting another. Number submittals consecutively beginning with “1” for each project. A copy of the Submittal Schedule is included in the Appendix (Attachment 3).

c.. Design Analysis:

(1) As specified in the RFP, design calculations may be required, to include code references, as applicable for each discipline, to show compliance. Three (3) sets of these calculations shall be provided by the contractor and included with each required design submittal or as otherwise identified in the RFP. The following is a list of calculations which might typically be required under this contract.

Civil/Site work:

Sizing and grades for sanitary & storm sewers

Sizing for water mains & services

Sizing for gas mains & services

Structural

Foundation sizes and reinforcing

Superstructure framing

Wind & snow loading analysis

LL & DL calculations

Wall sizes and reinforcing

Equipment supports

Elevated platforms

Floor member sizing / reinforcing

Lintel sizing

(j) Sizing for roof joists & decking

Mechanical:

Cooling and heating load analysis:

Pump sizing and pump curves.

Pipe sizing.

Duct size.

Static pressure loss.

Control valve sizing.

Psychometric chart analysis.

Fan sizing and fan curves.

Heat exchanger selection.

(5) Electrical:

Load calculations

(b) Short circuit calculations

(c) Lighting level calculations

(d) Branch circuit calculations

(e) Motor feed requirements

(f) Panel sizing

(6) Fire Protection: Sprinkler layout and pipe sizing

Others as applicable to a specific project or identified in the RFP.

d. Perspective Drawing:

(1) When required by the RFP, the contractor shall provide a professionally prepared black line concept perspective drawing and / or a rendered (color) perspective drawing of the project. (May be computer or hand generated.) The perspective(s) shall be delivered at the design stage as identified in the RFP.

(2) The perspectives shall be approximately 14” x 28” in size and shall be mounted in a wood or metal frame and covered with glass, complete with a small site plan and supporting data (i.e. size and cost) affixed to the perspective.

e. Storm Water Pollution Prevention Plan (SWPPP):

If the construction activities will include clearing, grading, stockpiling or excavation resulting in the disturbance of the natural cover of the soil and the disturbed area is greater than one acre, the contractor shall prepare, and provide professional certification for, a storm water pollution prevention plan as part of the project design. The plan shall meet the current South Dakota Surface Water Discharge System program permit requirements.

f. Storm Water Impact Mitigation

If the construction activities will disturb greater than 5,000 square feet, the design and completed construction must be in conformance with the requirements of Section 438 of the Energy Independence and Security Act (EISA). These requirements incorporate methods to mitigate the impact of completed construction projects on existing storm water drainage patterns.

6. PROGRESS OF WORK:

Once issued Notice to Proceed for construction, the successful contractor shall submit for approval all work schedules to the Contracting Officer within ten calendar days unless otherwise specified. The reports contemplated by the clause titled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. This requirement is applicable to a DO with a minimum performance period of 60 calendar days and a minimum dollar value of $100K, unless otherwise specified by Contracting Officer.

7. MATERIAL APPROVAL SUBMITTALS:

a. General:

All equipment, products, material, and articles requiring approval, as indicated on the Submittal Schedule, shall be submitted by the contractor using the Material Approval Submittal Form (AF 3000) included in the Appendix (Attach. 9). Properly complete this form by filling out all the heading blanks and identifying each item submitted. Exercise special care to ensure proper listing of the specification paragraph and / or sheet number of the contract drawings pertinent to the data submitted for each item. The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the respective sections. Each submittal is to be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Any proposed deviations from the contract requirements are to be clearly identified. Include within submittals items such as: Contractor’s, manufacturer’s, or fabricator’s drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders; samples; O & M manuals (including parts list); certifications; warranties; and other similar items.

b. Technical Data, Samples, and Color Boards:

All wall covering, carpet, furniture, and other fabric type submittals will show the full pattern of material as a minimum. All applicable product samples shall be submitted on a color board grouped to correspond with the anticipated installation. ie: floor covering, paint, paneling, chair-rail, wall covering and ceiling tile. The contractor shall include technical data with the products presented on the color board so that the items may be approved for technical compliance as well as architectural compatibility. Contractor is responsible for identifying and locating required materials for submittals to include matching any existing materials.

c. Designer of Record (DOR) Approval:

When required by the RFP or requested by the Contracting Officer, the DOR shall review and approve equipment, product, or material submittals and indicate compliance with the design documents prior to the submittal being forwarded to the government for review. Those submittals requiring DOR approval shall be identified on the Submittal Schedule. (Re: Paragraph 5.b.(7) above.)

8. AS-BUILT DOCUMENTS:

a. Drawings:

During the progress of the work, the contractor shall keep a careful record at the job site of all changes and deviations to the layouts shown on the drawings. The contractor shall manually enter such changes and corrections on record drawings promptly. If the project was designed by the government, submittal and approval of the “red-line” as-builts and GPS data referenced below, at the project’s conclusion, completes the contractor’s responsibility for this item. If the project was designed by the contractor, he / she shall provide the Government with a draft of the as-built drawings in Standard D size, on paper for review within 21 calendar days of the project final inspection. Within 14 calendar days following government approval of the draft, the contractor shall submit the GPS data referenced below and the final as-built drawings; one (1) copy of Standard D (24” x 36”) size drawings on mylar, one (1) copy of Standard B (11” x 17”) size drawings on paper, a CD ROM containing the Auto CAD 2006 (or newer version) as-built drawings, and a CD ROM containing one (1) copy of the plans and specifications in PDF format. The drawings shall indicate, in addition to all changes and corrections, the actual location of all subsurface utility lines.

b. GPS Data:

The contractor shall furnish survey data showing the horizontal location of all site improvements constructed under the DO to include, but not limited to, buildings, pavements, utilities, and all similar construction. Site improvements such as buried utility lines require one survey shot every 50’ of straight line, at each turn or bend in the line, hydrants, fittings, valves, valve boxes, curb stops, relocations and crossings of existing utilities, structures, or other appurtenances relocated or affected by the construction. Also provide elevations for the topmost point of visible appurtenances such as fire hydrants and valve boxes. The contractor shall use conventional surveying methods such as total station, Global Positioning System (GPS) for field data collection at an accuracy of +/-2cm. Data delivered in a format other than ESRI geodatabase must have an external spatial reference (.prj) file attached that specifies the parameters of the coordinate system in standard ERSI format. All electronic data deliverables shall be a CD-ROM in format that conforms to the latest version of both the CADD/GIS Technology Center’s Spatial Data Standards and A/E/C CAD Standards. These standards can be found at http;//tsc.wes.army.mil/products/. A copy of all survey data deliverables shall be a submittal item. The survey data shall be tied to the 1998 Ellsworth AFB Control system (South Dakota South Zone 1983); location of the control points can be obtained from EAFB Civil Engineering.

9. OPERATION AND MAINTENANCE MANUALS:

For those projects which include mechanical / electrical / specialty systems requiring periodic or routine maintenance, the contractor shall prepare and submit operation and maintenance manuals in three (3), bound, hard copies as well as one (1) electronic copy on CD ROM. As a minimum, the manuals shall contain technical data, diagrams, parts listings, maintenance instructions, and the name, address, and phone number of the manufacturer and servicing / replacement parts source. These manuals shall be submitted within 14 calendar days following the final inspection and in accordance with paragraph 7 above.

10. WARRANTY OF CONSTRUCTION:

a. Listing of Warranty Items:

The contractor shall prepare a listing of all equipment or material subject to a manufacturer’s warranty or extended warranty or as required by the RFP. The listing shall include a description of the item, the expiration date of the warranty, and the point of contact for warranty service. Three (3) copies of this information shall be submitted in hard copy and one (1) copy in electronic format (CD ROM) as a project submittal in accordance with paragraph 7.

b. Scope of Coverage:

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

c. Period Of Coverage:

This warranty shall continue for a period of one (1) year from the date of final acceptance of the work, unless otherwise specified in the RFP or manufacturer’s standard warranty. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date of beneficial occupancy. In the event the contractor’s warranty of this clause has expired, the Government may bring suit, at its expense, to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

d. Remedies of Defects:

The contractor shall remedy, at the contractor’s 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:

The contractor’s failure to conform to contract requirements or

Any defect of equipment, material, workmanship, or design furnished.

The contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The contractor’s warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement.

e. Notification to Contractor:

The Contracting Officer shall notify the contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. 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.

f. Subcontractor and Supplier Warranties:

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

(1) Obtain all warranties that would be given in normal commercial practice

(2) Require all warranties to be executed, in writing, for the benefit of the Government if directed by the Contracting Officer, and

(3) Enforce all warranties for the benefit of the Government if directed by the Contracting Officer. Emergency warranty calls shall not exceed a 4-hour response time, while routine warranty response time shall not exceed 3 workdays. The warranty enumerated herein does not preclude any manufacturer warranties in excess of one year as noted in the individual specifications sections. The contractor should read each section carefully to ensure that he/she is aware of all warranties called for in each project.

g. GFE / GFM:

Unless a defect is caused by the negligence of the contractor, subcontractor, or supplier at any tier, the contractor shall not be liable for the repair of any defects of material or design furnished by the Government or the repair of any damage that results from any defect in Government-furnished material or design.

11. PROGRAM MANAGEMENT:

Contractor shall provide a program manager and staff for executing DO’s awarded under this contract. The program management staff shall have project design, quality control, and construction and financial management capability. The program manager shall have a minimum of 5 years experience in that capacity and shall have the authority to negotiate delivery orders and modifications thereto and obligate the company to DOs. The program manager shall have the authority to hire / fire subcontractors and must be experienced in subcontract management. The program manager must be available via local phone service throughout the duration of all ongoing DO’s and his / her phone number shall be provided to the government immediately following award of any DO.

12. QUALITY CONTROL PLAN:

Contractor’s Quality Control Plan shall be developed and submitted to the contracting officer prior to start of construction to ensure that work is accomplished and all problems are documented and resolved in accordance with the specifications and drawings. The contractor shall designate on-staff personnel as project superintendents to document and resolve all quality control problems and accomplish daily quality control inspections. The contractor shall establish a method to identify poor performance and specify appropriate corrective action. The quality control plan will become a compliance document. Project personnel will interface with Government personnel to ensure that the quality control plan functions properly.

13. SUBCONTRACTING SUPPORT CAPABILITY:

Contractor shall provide subcontractor management including surveillance, quality control, and scheduling. Subcontractors must be available to ensure quick response times. The contractor must have the ability to manage and control multiple subcontracts at multiple job locations. The contractor must ensure subcontractors are competent and capable of handling all tasks assigned to them and shall ensure that each subcontractor is not assigned more work than they can accomplish satisfactorily.

14. PROJECT EXECUTION AND TECHNICAL CAPABILITY:

Contractor shall have a support staff that includes clerical, quality control, project superintendent, drafting and design personnel as necessary to prepare bids / proposals and execute the construction phase of all DOs.

15.

GOVERNMENT FURNISHED EQUIPMENT/MATERIALS:

The Government reserves the right to provide Government furnished equipment/materials (GFE/GFM) that is on hand if it can be used by the contractor to complete a DO. The GFE/GFM shall be transported by the Contractor, from the Government storage area, to the work site indicated in the RFP / IFB. The contractor assumes the risk and responsibility for the loss or damage to GFE/GFM once the contractor receives possession of the GFE/GFM. The contractor shall follow the instructions of the Contracting Officer or his/her representative regarding the disposition of all GFE/GFM not consumed in performance of a delivery order.

16.

GOVERNMENT EQUIPMENT ON THE SITE:

All government equipment and material on each project is the property of the Government unless specifically noted otherwise. Contractor shall relocate all property that the Government retains title to on the installation as specified in the RFP /IFB or follow the instructions of the Contracting Officer or his/her representative. Contractor is required to cover equipment that is to remain in place within the area of contract operations and protect it against damage or loss and 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 and returned equal to its condition prior to starting work at no additional expense to the Government. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the contractor.

17.

DISPOSAL OF WASTE:

Unless otherwise directed, the contractor shall remove all excess materials, except soil, from the base. Excess soil will be deposited at a location as designated in the RFP or IFB. At the conclusion of each project, the contractor will be responsible for grading the stockpile area for proper drainage and restoring it by seeding and establishing grass cover. Loose debris on trucks leaving project sites shall be loaded in a manner that will prevent spillage from the vehicle. Fasten suitable cover, such as a tarpaulin, over the load before entering surrounding streets. The contractor shall be responsible for immediately cleaning up any materials that fall from trucks and held liable for any resulting damages. Contractor shall submit, upon request, all trip tickets from the landfill facility to show all debris is being disposed of in accordance with all Federal requirements and in an approved location.

18. STAGING / STORAGE & CONSTRUCTION SITES MAINTENANCE:

Staging / storage site locations shall be approved by the contracting officer prior to use. The contractor shall submit written request(s) for approval of the location(s) being requested a minimum of 10 calendar days prior to when needed. The contractor shall store all supplies and equipment on staging / storage and construction sites so as to preclude theft or damage. Maintain sites in a neat and orderly manner. Protection and security for materials and equipment on sites is the sole responsibility of the contractor. The contractor may be required to install temporary fencing to protect the sites or as indicated in the RFP / IFB.

19. WORK IN SPECIAL SECURITY AREAS:

The Government will provide all escorts required for contractor access to restricted / controlled areas, for work performed on construction projects at Ellsworth AFB. The contractor must request escorts five working days in advance of when they will be needed.

20. DELAYS IN ENTERING AND LEAVING WORK AREA:

If the work site is located in a restricted or controlled area, the contractor may experience delays due to compliance with entrance/exit requirements of restricted/controlled areas. The contractor shall not be compensated for reasonable delays in accessing the site. Also, due to the nature of restricted areas, the contractor may be requested to leave the restricted area at any given time. The Contracting Officer may extend the contract performance time when area security designations change during a DO performance period.

21.

SAFETY AND HEALTH:

a. General:

In order to provide safety controls for protection to the life and health of employees and other persons, for prevention of damage to property, materials, supplies, and equipment, and for avoidance of work interruptions in the performance of this contract, the contractor shall comply with all pertinent provisions of the Corps of Engineers Manual, EM 385-1-1, (current version), entitled “Safety and Health Requirements Manual,” as amended, and will also take or cause to be taken such additional measures as the Contracting Officer, or his/her designated representative may determine to be reasonably necessary for the purpose. The manual can be obtained from the Government Printing Office, Washington DC 20402 or through online sources.

The contractor will maintain an accurate record of, and…