Section H - Special Contract Requirements

1. REQUIRED INSURANCE (IAW FAR 28.306(b)) 52.228-5 Insurance--Work on a Government Installation. Reference FAR Clause 52.228-5, entitled "Insurance-- Work on a Government Installation" the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

A. Workmen's Compensation and Employer's Liability Insurance: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

B. General Liability: Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy; only applicable to construction services where work is being performed consistently on base.

C. Automobile Liability Insurance: This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

2. BONDS Pursuant to 40 U.S.C. 3132, for construction contracts greater than $35,000, but not greater than $150,000, the contracting officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives:

(i) A payment bond or

(ii) An irrevocable letter of credit (ILC)

(iii) A tripartite escrow agreement establishes the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor's escrow account, and the escrow agent distributes the payments in accordance with the agreement or triggers the disputes resolution procedures if required. shall. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(v) A deposit of the types of security listed in (v) See FAR 52.228-13

Contracting Officer selected:

A Payment Bond or Irrevocable letter of credit (ILC).

3. RIGHTS AND OBLIGATIONS: The rights and obligations of the parties to this contract shall be subject to and governed by the provisions of this contract, To the extent of any inconsistency between this contract, the provisions of this contract shall control.

4. PROVISIONS ON CONTRACTING OFFICER'S AUTHORITY:

No person other than a Contracting Officer shall have authority to modify the terms and conditions of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this agreement and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment.

5. DESIGNATION OF TECHNICAL REPRESENTATIVE:

The Base Civil Engineer or their authorized technical representative of the Contracting Officer shall be identified for the purpose of technical surveillance for the contract. This clause in no way authorizes anyone other than the Contracting Officer to direct changes in terms and conditions of the contract/task orders.

6. AVOIDANCE OF ORGANIZATIONAL CONFLICTS OF INTEREST Any contractor, subcontractor associated, affiliated or a consultant to the design contractor who furnished the design information and/or specifications for a specification for a specific project shall not be allowed to furnish such services or items as required by the construction contract for that project either as a prime contractor, subcontractor, or supplier.

7. REPLACEMENT OF KEY PERSONNEL

The contractor shall employ the key professional personnel and maintain the subcontractors and/or consultants identified in their SF 1413 submission to perform the services required under this contract. No substitution will be made without the advance written approval of the Contracting Officer, after the Government's review of the proposed replacement's experience and qualifications submitted by the contractor with explanation of the necessity for the change. No increase in discipline rates will be allowed when contractor personnel and/or subcontractor/consultant substitution is authorized.

8. SUBMISSION OF SCHEDULE OF MATERIAL SUBMITTALS (AF66 Excel version) The Prime contractor shall be responsible to submit complete listing of all items listed in AF 66 Excel Form for the submittals contemplated by clause herein titled "FAR 52.236-5, Material and Workmanship" to be submitted utilizing AF Form 3000, "Material Approval Submittal".