General Requirements Part 2.docx

Part 2 Point Mugu General Requirements

Note: Part 2 contains the Basic form of the General Requirements. Project-specific, geographic and facility-specific requirements are issued with individual Orders as Part 2, Attachment A, or alternatively referred to as Part 2A. Paragraph numbers correspond between Part 2 and Part 2A.

1. DEFINITIONS: As used throughout the agreement, the following terms shall have the meaning set forth below:

The terms “contract” and “Order” are synonymous.

Contracting Officer (KO): The individual designated to administer the Order. Throughout the duration of the project, this individual will be responsible and possess the authority to act on behalf of the Government with respect to the specific Order.

Contracting Officer Representative (COR): The individual designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and technical management of the effort required and should be contacted regarding questions or problems of a technical nature.

Contractor: The term Contractor refers to both the prime Contractor and subcontractors.

Quality Control (QC): Contractor’s system to control the quality of material, equipment and construction.

Quality Assurance (QA) Program: Government’s program to evaluate the effectiveness of the Contractor’s quality control. The Government’s QA Program is not a substitute for the Contractor’s QC Program.

Federal Holidays: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day; Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

2. ORDER OF PRECEDENCE: In the event of conflict or inconsistency between any of the below described portions of the agreement, precedence shall be given in the following order:

a. Any portions of the proposal that exceed the requirements of the Order.

b. The requirements of the Order, in descending order of precedence:

1) RFQ Form, Form SF1442, and Davis Bacon wage rates.

2) Part 1 – Order Clauses.

3) Part 2 – Attachment A.

4) Part 2 – General Requirements.

5) Part 3 – Statement of Work/Project Program Requirements.

6) Part 6 – Attachments.

7) Part 5 – Prescriptive Technical Specifications, exclusive of performance specifications.

8) Part 4 – Performance Technical Specifications, exclusive of prescriptive specifications.

3. DESIGN: Although design is not generally included, certain shop drawings or similar submittals may be required. See Attachment A for project-specific submittal requirements.

4. FIRE PROTECTION AND LIFE SAFETY REQUIREMENTS: Work shall comply with applicable criteria identified herein and Attachment A.

Final Life Safety/Fire Protection Certification Documentation: Unless otherwise specified in Attachment A, provide certification that all life safety and fire protection features and systems have been installed in accordance with applicable criteria, the contract documents, approved submittals, and manufacturer's requirements. This certification shall summarize all life safety and fire protection features.

5. QUALITY CONTROL: Maintain quality control for and inspect all work under the agreement. For certain projects, the Quality Control Manager, Superintendent, and Site Safety and Health Officer may be combined as permitted in Attachment A. Further QC requirements are identified in Attachment A.

a. Submit a QC Plan for Government review and acceptance. The QC plan shall include the following:

1) NAMES, QUALIFICATIONS and RESPONSIBILITIES: For each person in the QC organization, both internal and external. Provide an organization chart to graphically represent the organizational structure.

2) SUBMITTAL REGISTER: Include submittal reviewer, estimated date of delivery, and identify which submittals require Government approval prior to construction.

3) TESTING PLAN AND LOG: Indicate tests required, frequency, and person responsible for each test.

4) TESTING LABORATORIES: Accredited laboratories as applicable.

5) LIST OF DEFINABLE FEATURES: A Definable Feature of Work (DFOW) is a task, which is separate and distinct from other tasks, and has the same control requirements and work crews.

6) COMMUNICATION PLAN: Provide a plan for key decisions and possible problems the Contractor and Government may encounter during project execution. Communication Plan shall indicate the frequency of meetings and what information is covered in those meetings, interdisciplinary coordination, review procedures, and issue resolution.

b. QC Manager Responsibilities:

1) Participate in the Pre-Con meeting, Partnering, Coordination Meetings and Production Meetings.

2) Ensure that no construction begins before submittals are approved as required in Attachment “A” and the QC Plan.

3) Immediately stop any work that does not comply with drawings and specifications, and direct the removal and replacement of any defective work.

4) Prepare QC Reports.

5) Hold QC meetings and attend project meetings with Superintendent and Government representatives at a mutually agreed upon interval; participation shall be suitable for the phase of work.

6) Ensure that safety inspections are performed. Attend weekly Toolbox meetings.

7) Maintain submittal log.

8) Maintain updated any required as-built drawings on site.

9) Maintain testing plan and log. Ensure that all testing is performed as specified.

10) Maintain deficiency log on site, noting dates deficiency identified, and date corrected.

11) Certify and sign statement on each invoice that all work to be paid under the invoice has been completed in accordance with requirements of the agreement.

12) Perform Punch-out and Pre-final inspections, and participate in Final Inspections. Establish list of deficiencies; correct prior to the Final inspection

13) Ensure that all required keys, operation and maintenance manuals, warranty certificates, and any required as-built drawings are submitted to the Contracting Officer.

c. Use the Three Phases of Control process for construction QC.

1) Preparatory Phase: Review all applicable documents for compliance with all applicable laws, codes, regulations, and the requirements of the agreement, including drawings and specifications. Determine requirements for testing and certification. Review submittal approvals for materials, equipment, shop drawings, and applicable methods of construction and installation. Include all Preparatory Phase items in the QC Report

2) Initial Phase: Observe and inspect the initial portion of the work performed under a DFOW to establish the quality of the workmanship, resolve conflicts in construction, ensure that testing is done and certified as required, and to check all work procedures to ascertain the work is in conformance with required safety requirements. Record and report nonconforming work and work not of acceptable quality and requiring correction or rework. Include all Initial Phase items, along with initial phase checklist, including date, in the QC Report.

3) Follow-Up Phase: Occurs at the completion of each DFOW. Ensure the work is in compliance with requirements of the agreement, quality of workmanship for all work is maintained, and all work performed meets safety requirements. Include all Follow-Up Phase items, including date, in the QC Report.

d. The QC Manager shall posses a current certificate showing successful completion of the NAVFAC Contractor Quality Management (CQM) Training.

6. SUBMITTAL PROCESSING: Provide to the Government submittals as listed. See also Attachment A for specific submittal type, format, approval and surveillance requirements.

a. Provide items such as shop drawings, product specific drawings, and manufacturer’s technical data.

b. QC Plan, prior to Construction (may be phased).

c. Submittals, prior to construction, approved IAW QC Plan, The QC Specialist is the approving authority for submittals unless otherwise indicated in Attachment A.

d. Submittals identified in Attachment A for Government surveillance (typically Fire Protection system and Life Safety submittals). Stamp the submittals “FOR SURVEILLANCE ONLY.” Submit Surveillance submittals to the Government prior to starting work for that item. Submittals required for surveillance will be returned only if corrective actions are required.

e. Certificate of Insurance, as required.

f. Schedule: Provide detailed project schedule, due prior to Pre-Con.

g. Environmental Protection Plan, including waste management, prior to start of the work.

h. Safety Submittals: Per Paragraph 34 and Attachment A, the Accident Prevention Plan (APP) due prior to construction. Material Safety Data Sheet (MSDS) as applicable.

i. Schedule of Prices: due within 21 days after award, prior to construction.

j. Budget Management Summary: Per Attachment A.

k. Operation and Maintenance Information: Due prior to testing, as applicable. No later than 30 calendar days before Beneficial Occupancy.

l. Licenses and Permits: Per Attachment A and Part 4.

m. DD Form 1354: For all new construction, demolition, and any construction on an existing facility that adds new parts, items, or systems that are not maintenance or repair (e.g., replacement of windows, roofs, exterior utility; or adding an AC system, exterior lighting, etc.) prepare DD Form 1354 TRANSFER AND ACCEPTANCE OF MILITARY REAL PROPERTY, in accordance with UFC 1-300-08, available at the following link: http://www.wbdg.org/ccb/DOD/UFC/ufc_1_300_08.pdf. Submit form for government approval minimum 30 calendar days prior to final acceptance of work.

7. SUPERVISION: The Contractor shall have a supervisor fluent in English on the job site during working hours. Additional requirements per Attachment A.

8. SCHEDULE: Provide a project schedule adequate for Contractor to efficiently manage project and for Government to efficiently manage QA and scheduling interfaces. Include construction phasing and any work restrictions (such as occupied spaces, special hours, potential work disruptions). Schedule shall contain DFOWs and dates for completion of each task including material procurement, and construction activities. Update the schedule at least monthly; use 3-week look-ahead for each QC meeting.

9. BUDGET MANAGEMENT: The Contractor shall be responsible for budget management throughout the entire project. It is the intent of the Government to partner with the Contractor to maximize project value while strictly controlling modifications and maintaining overall fiscal control. When required in Attachment A, develop a Budget Management System as indicated.

10. PRECONSTRUCTION CONFERENCE (PRE-CON): Prior to construction and/or demolition start, meet with government representatives to discuss the project. The project team will develop a mutual understanding relative to the approved proposal, safety program, environmental requirements, QC procedures, construction schedule, labor provisions and other construction phase procedures. During the meeting, Contractor shall propose and gain acceptance for any critical path work activities requiring advance submittal and approval. If the Order includes work on any fire protection system, including fire alarm and mass notification systems, appropriate members of the Contractor’s team shall meet with the NAVFAC Fire Protection Engineer (FPE) to establish clear expectations of fire protection requirements of the project.

The Contractor’s key personnel shall attend at the expense of the Contractor. Key personnel are representatives such as the Project Manager, Superintendent, CQC representative(s), major subcontractors and specialized supplementary personnel.

Partnering may be required, depending on requirements established in the project-specific requirements. Partnering is a structured process that promotes communication and teamwork of the various project members.

If applicable, a Performance Assessment Plan that will be used to provide monthly performance feedback to the Contractor will be presented and discussed.

11. ACCESSIBILITY: See Part 2A for barrier-free requirements that may apply to an Order. If applicable, barrier-free requirements shall be in accordance with the DEPSECDEF Memorandum, "Access for People with Disabilities" dated Oct 31, 2008. The US Access Board issued an update of the accessibility guidelines, which the DEPSECDEF Memorandum implements with military unique requirements specified in the memorandum attachment. The new DoD "ABA (Architectural Barriers Act) Accessibility Standard" (DoD ABAAS) and the DEPSECDEF Memorandum are located at: DoD Accessibility Standards.

12. CONTRACTOR’S PRODUCTION REPORTS: Submit Contractor Production Reports on forms furnished for this purpose. Complete the reports weekly unless otherwise requested by the Contracting Officer. Reports shall include:

a. Worker hours by classification, move-on and move-off of construction equipment furnished by the prime, subcontractor or the Government, and materials and equipment delivered to the site.

b. Safety meetings, checks and inspections.

c. Disposition of Construction Waste Material: Per Environmental Protection Plan.

d. Check of all project documents for correctness and correlation. If the Contractor notes any discrepancy or ambiguity, immediately notify the COR.

e. Examine the work site as to conditions affecting the work. Field verify the site and scope of work, including but not limited to the measurement and location of all significant items required to perform the work. Failure by the Contractor to familiarize oneself with available information regarding these conditions shall not relieve the Contractor from the responsibility of successfully completing the work.

13. SCHEDULE OF PRICES: Submit on forms furnished by the Government. Include a breakdown of the contract price, with quantities for each kind of work. Include General Conditions, profit, and overhead in the unit prices. Break down into categories if so stated in Attachment A. The Contractor may invoice for bonds once the Government has approved the bonds, however, no other requests for payment will be processed without an approved Schedule of Prices.

14. INVOICING PROCEDURES:

a. DoD Wide Area Workflow (WAWF): Contractor invoice submission requires use of the WAWF paperless, electronic invoicing system. See also Invoicing Procedures clause in Part 1 for information and requirements.

b. The following applies to WAWF invoice submission:

1) Submit Contractor invoices certified by the QCM.

2) Submit an updated work schedule.

3) Submit the Contractor Safety Self-Evaluation Checklist.

4) Submit the Construction and Demo Debris Diversion Summary, as applicable.

5) The final invoice shall include a completed “Contractor’s Final Release Statement.”

6) The Government will return for correction invoices not completed in accordance with contract requirements, including final invoices without final release statement.

7) Payment will be made on Contractor’s submission of itemized requests and will be subject to retention, reduction for overpayments, or increased for underpayments from previous payments. The Government may withhold payment or reduce payments for the following:

a) Defects in material or workmanship.

b) Claims the Government may have against the Contractor under or in connection with this agreement.

c) Contractor’s failure to submit all required invoice documentation.

d) Payroll violations.

e) Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor.

8) Payments may be made for materials, stored off construction sites, under the following conditions:

a) Conditions described in Attachment A.

b) Materials adequately insured and protected from theft and exposure.

c) Materials not susceptible to deterioration or physical damage in storage or in transit to the job site are acceptable for progress payments. Items such as steel, machinery, pipe and fittings and electrical cable are acceptable, but items such as gypsum board; glass, insulation and wall covering are not.

d) Materials in transit to the job or storage site are not acceptable for payment.

e) Conditions specified in FAR 52.232-5(b) Payments Under Fixed Price Construction Contracts.

15. PROTECTION OF GOVERNMENT PROPERTY: Take special care to protect Government property. Return areas damaged as a result of construction under this contract to their original condition. In addition to FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, perform the following:

a. Remove or alter existing work or facilities in such a manner as to prevent injury or damage to any portion of the existing work or facilities that remain.

b. Repair or replace portions of existing work altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started.

c. Preserve the natural resources in accordance with the approved environmental protection plan.

16. EXISTING UNDERGROUND UTILITIES: Verify on-site utilities and have them marked out by a utility locator service prior to the start of construction. Where existing piping, utilities, oil and gas lines, and underground obstructions of any type that are to remain are indicated in locations to be traversed by new piping, ducts, and other work provided herein, and such are not indicated or specified to be removed, the elevations of the existing utilities and obstructions shall be determined before the new work is laid closer than the nearest manhole or other structure at which an adjustment in grade could be made. Obtain required dig permits and notify the Contracting Officer 21 calendar days prior to any excavation. Refer to Attachment A for specific station requirements.

17. LICENSES/PERMITS: Obtain all appointments, licenses, and permits required to perform work under this contract at no additional expense to the Government. See "Permits Record of Decision" (PROD) form for list of permits. Comply with all applicable federal, state, and local laws, and base regulations and procedures. Provide evidence of such permits and licenses to the Contracting Officer before work commences and at other times as requested by the Contracting Officer (see FAR 52.236-7, Permits and Responsibilities). Coordinate permit applications with Navy or local environmental office.

Unless otherwise specified in Attachment A, within 21 days after Award and prior to start of construction, the Contractor shall submit a complete PROD form. A blank PROD form can be obtained at the bottom of the page of the following link: http://ndbm.wbdg.org/system/html/6/453. Contractor shall determine correct permit fees and pay said fees. Copies of all permits, permit applications, and the completed PROD form shall be forwarded to the Government’s Civil Reviewer and Environmental Reviewer.

Contractor is exclusively responsible for full compliance with patent laws and shall affirm that the company is licensed to use equipment and processes the company shall employ in this project.

18. CONTRACTOR WORK SITE: Limit use of the premises for work and for storage of material and equipment associated with the agreement. Unless otherwise specified or separately agreed to, Government-owned material handling equipment, transportation equipment or general tools will not be available for Contractor’s use. Clean work area daily and after completion of the work, removing all loose debris and disposing of all non-permanent materials in accordance with the contractor’s Waste Management Plan.

a. Temporary Facilities: The Contractor may provide his own office facilities; coordinate and obtain advance approval from the Contracting Officer. Provide and maintain suitable sanitary facilities within the construction limits. Dispose of sanitary waste in accordance with the applicable laws, and local regulation.

b. Contractor-Furnished Equipment: Equipment is subject to the inspection and approval of the Contracting Officer, prior to and during the life of the agreement. All equipment and vehicles shall display readily visible Contractor identification markings. Relocate stored Contractor equipment, which may interfere with operations of the Government or with others on-site.

All replacement units, parts, components, and materials to be used in the maintenance, repair and alteration of facilities and equipment shall be new and compatible with the existing equipment on which it is to be used, and shall comply with applicable Government, commercial, or industrial standards such as Underwriter’s Laboratories, Inc., and National Electrical Manufacturers Association.

c. Contractor-furnished Material: Protect and secure products stored at this site.

d. See also any special work site constraints or requirements listed in Attachment A.

19. TEMPORARY UTILITIES:

a. Unless otherwise noted in Attachment A, the Government will provide water and power in reasonable quantities.

b. All labor, material, and equipment necessary to affect temporary utility tie-ins, including transformers if necessary, shall be at the expense of the Contractor and under the surveillance of the Contracting Officer.

c. The Contractor shall be responsible for any damages to Government, private or public facilities and property that may result from the installation and removal of these temporary utility tie-ins. Corrections and repairs shall be made at the Contractor’s expense.

d. The actual location and installation of the temporary tie-in, together with any interruptions of utilities systems, shall be identified and approved by the Contracting Officer prior to execution. Notify the COR and Base Utilities 15 calendar days prior to any tie-ins (or as specified otherwise in Attachment A).

e. Telephone and Data Service: Make arrangements with local telephone company, NMCI and other pertinent base communication departments.

f. Maintain utility services to existing facilities surrounding the site at all times during construction.

g. Permanent utility systems, where indicated, will be available for tie-in.

h. Contractor shall install and certify back flow preventers on all connections to the potable water supply system. In addition, submit a current certificate recognized by the State or local authority that states the Contractor has completed at least 10 hours of training in backflow preventer installations.

20. ENVIRONMENTAL CONTROLS AND PROTECTION: Unforeseen hazardous materials or conditions encountered shall immediately be reported to the Contracting Officer. Do not disturb the hazardous item (see UFC 3-800-10 for more information). This includes conditions that are not only hazardous to humans but wildlife, marine life and the environment. Stop work in the area of the questionable material or condition until identification and direction is provided.

21. WASTE MANAGEMENT: Develop a Waste Management Plan that identifies all recyclable material and disposal methods for all material. Contractor shall reduce, recycle or salvage as much waste material as possible with a goal of diverting at least 50% of construction waste from landfills. Address waste reduction, recycling and salvage as part of the waste management plan. Report volume or weight of disposed and recycled materials. The Contractor is responsible for removing and disposing of all waste materials generated. Contracting Officer will provide a “Construction and Demolition Debris Diversion Summary” form to the Contractor. Complete the form monthly and submit with each request for payment, as applicable. Consider all material recyclable or reusable, unless clearly demonstrated the material requiring disposal is waste material.

See also Attachment A for any additional information or requirements related to Waste Management.

22. OPERATION & MAINTENANCE (O&M) DATA: Furnish hard copy and electronic formatted documents for all O&M information. Provide O&M data for as-built products, materials, and equipment, including data sheets, test reports, warranties, certificates, list of spare parts suppliers for all pieces of equipment, and approved construction submittals. See also Attachment A.

23. WARRANTY: Warrant all materials and work for not less than one year after final acceptance of the work, except as otherwise indicated. If required to provide remedial repair of previously installed work due to latent defect or unacceptable work performance, warrant the repaired work for one year after the completion and acceptance of the repair. For warranted items, furnish the manufacturers’ original written warranty accompanied by a copy of the supplier’s receipt showing place of purchase, telephone number of supplier, address, delivery order number if applicable, and ticket number.

24. PERFORMANCE EVALUATIONS: The evaluation will take into account all aspects of the Contractor’s performance, including evaluations from Performance Assessment Plans when included in Attachment A. Performance evaluations may be completed any time during the agreement. The Government will provide a copy of the performance evaluation and an opportunity to discuss the evaluation. The performance evaluations will have an impact on the award of future contracts.

25. WORK HOURS, ACCESS AND PASSES: All Contractor employees, including subcontractors, and subcontractors’ employees, suppliers, and suppliers’ employees shall comply with the Installation Security Requirements regarding personnel, vehicle, and equipment security passes and access to the jobsite. Nothing in the contract shall be construed in any way to limit the authority of the Commanding Officer to prescribe new, or to enforce existing security regulations governing the admission or exclusion of persons and the conduct of persons while aboard the station, including but not limited to, the rights of search of all persons or vehicles aboard the station.

Coordinate with the Contracting Officer for specific security and access requirements.

a. Access to Buildings/ Occupied Buildings: The Contractor may work in or around existing occupied buildings. The Contractor is responsible, through the Contracting Officer, to obtain access to building and facilities and arrange for them to be opened and closed. Do not enter the building(s) without prior approval of the Contracting Officer. Keep the existing buildings and their contents secure at all times. Provide temporary closures as required to maintain security. Contract personnel will not be permitted in security- regulated buildings or areas unless cleared by the Security Officer.

b. Passes and Badges: Contractor employees and representatives performing work under this contract are required to be either United States citizens or documented legal residents (status verified by prime contractor). All Contractor employees shall obtain the required employee and vehicle passes. Each employee shall wear the Government issued badge over the front of the outer clothing. Failure to obtain security and base access passes shall not be a cause for contract performance time extension. The Contractor shall immediately turn in all terminated employee’s badges to the issuing office.

Personnel will be issued a DIBDS (Defense Biometric IDentification System) badges when the Contractor submits, in writing on company letterhead, a list indicating that all individuals are bona fide employees. Employees shall complete SECNAV Form 5512-1. Allow 10 calendar days for background checks and processing. The list shall contain the following information:

1) Name of employee

2) Length of time DIBDS Badge is requested for.

c. Contractor Vehicles: All vehicles shall display a valid state license plate and safety inspection sticker, if applicable, and shall be maintained in good repair. The company name shall be displayed in a clearly visible manner and size on each Contractor vehicle used in the course of work. Registration, proof of insurance and driver’s licenses are required to obtain a station vehicle pass.

d. Work Hours: Unless otherwise indicated, work will be located on a Government compound, military installation, or station. Contractor work hours shall be between 0630 and 1700 Monday through Friday, or as indicated in Attachment A. Obtain advance approval from the Contracting Officer for Contractor personnel to remain on site beyond normal working hours. Notify the Contracting Officer at least 48 hours in advance to obtain approval for access to the jobsite or work outside of normal working hours or on Saturday, Sunday, and Federal Holidays.

e. Contractor Personnel: Provide the Contracting Officer the name(s) of the supervisory person(s) authorized to act for the Contractor. Provide, and update as required, a list of the key personnel for the Contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency.

f. Contractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner. Remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of National Security.

26. SECURITY REQUIREMENTS: All security requirements apply to all subcontractors and suppliers associated with this agreement. Special or extraordinary security requirements are identified in Attachment A. In addition to special or extraordinary security requirements, comply with the following:

a. Do not publicly disclose any information concerning any aspect of the materials or services relating to this agreement, without prior written approval of the Contracting Officer.

b. Do not disclose or cause to be disseminated any information concerning the operations of the activity’s security or interrupt the continuity of its operations.

c. Do not disclose any information to any person not entitled to receive it. Failure to safeguard any classified information that may come to the Contractor or any person under his control, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C., Sections 793 and 798.

d. Direct to the Contracting Officer and or Installation Security Officer for resolution all inquiries, comments or complaints arising from any matter observed, experienced, or learned as a result of or in connection with the performance of this agreement, the resolution of which may require the dissemination of official information.

e. Coordinate photography requirements with the Contracting Office. Some areas restrict or prohibit photographing Government property.

f. Deviations from or violations of any of the provisions of this paragraph, will, in addition to all other criminal and civil remedies provided by law, subject the Contractor to immediate termination for default and/or withdrawal of the Government’s acceptance and approval of employment of the individuals involved.

27. REQUIRED INSURANCE: Within 15 calendar days after award, furnish the Contracting Officer a Certificate of Insurance as evidence of the following insurance coverage amounts not less than the amount specified below in accordance with FAR Clause 52.228-5, Insurance Work On A Government Installation:

a. Comprehensive General Liability: $500,000 per occurrence.

b. Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage.

c. Worker's Compensation: As required by Federal and State Worker’s compensation and occupational disease and other laws.

d. Employer’s Liability Coverage: $100,000, except in states where worker’s compensation may not be written by private carriers.

e. Others as required by state law.

f. Above insurance coverages are to extend to Contractor personnel operating Government owned equipment and vehicles.

g. The Certificate of Insurance shall provide for 30 calendar days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in Attachment A.

h. For projects which require removal of asbestos containing materials the Asbestos Contractor or Subcontractor, as the case may be, shall provide occurrence-based liability insurance with asbestos coverages in an amount not less than $1,000,000 and shall name the Government and PQP as additional insureds.

28. PROPRIETARY RIGHTS: All field notes, drawings, specifications, and other documents collected and produced as part of this contract shall be considered property of the Government. These data shall not be used, in whole or part, published or unpublished, as a part of any technical or non-technical presentation without written pre-approval of the Contracting Officer.

29. GOVERNMENT FURNISHED MATERIAL AND EQUIPMENT: If applicable, the Government will furnish the materials and equipment for installation by the Contractor pursuant to contract clause FAR 52.245-2, Government Property (Fixed Price Contracts) or FAR 52.245-4, Government Furnished Property (Small Project). Notify the Contracting Officer in writing at least 15 calendar days before the materials and equipment are required. Pick up materials and equipment no later than 30 calendar days after such date. When materials and equipment are not picked up by the 30th day, the Contractor will be charged for storage at the prevailing rate. The Contracting Officer will specify the location of materials and equipment and/or the delivery location.

30. ORAL MODIFICATION: No oral statement by any person other than the Contracting Officer, as provided in the contract clause entitled, “CHANGES AND CHANGED CONDITIONS,” will in any manner or degree modify or otherwise affect the terms of this agreement.

31. NO WAIVER BY THE GOVERNMENT: The failure of the Government in any one or more instances to insist upon strict performance to any of the terms of this contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or options on any future occasion.

32. EQUITABLE ADJUSTMENTS – WAIVER AND RELEASE OF CLAIMS:

a. Whenever the Contractor submits a claim for equitable adjustment under a clause which provides for equitable adjustment of the agreement, such claim shall include all types of adjustments in the total amounts to which the clause entitles the Contractor, including, but not limited to, adjustment arising out of delays or disruptions.

b. Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived: (1) any adjustments to which he otherwise might be entitled under the clause where such claim fails to request such adjustments; and (2) any increase in the amount of equitable adjustments additional to those requested in its claim.

c. The Contractor agrees that, if required by the Contracting Officer, it shall execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental contract setting forth the aforesaid equitable adjustment. The Contractor further agrees that such release shall discharge the Government, including its officers, agents, and employees, from any further claims, including, but not limited to, further claims arising out of delays or disruptions caused by the aforesaid change.

33. SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS:

a. References: The publications listed below form a part of this document to the extent referenced. Use current version of referenced requirements at the time of contract solicitation. The publications are referred to within the text by the basic designation only.

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

· ANSI Z359.1, Safety Requirements for Personal Fall Arrest System, Subsystems and Components

· ANSI A10.32, Fall Protection systems for Construction and Demolition Operations

· ANSI A10.6, Demolition Operations

· ANSI Z9.2, Fundamentals Governing the Design and Operation of Local Exhaust Systems

· ANSI Z88.2, Respiratory Protection

· ANSI Z358.1, Emergency Eyewash and Shower Equipment

ASME INTERNATIONAL (ASME)

· ASME B30.22, Articulating Boom Cranes

· ASME B30.3, Construction Tower Cranes

· ASME B30.5, Mobile and Locomotive Cranes

· ASME B30.8, Floating Cranes and Floating Derricks

AMERICAN SOCIETY OF TESTING AND MATERIALS (ASTM)

· ASTM Standards on Lead-Based Paint Abatement in Buildings

· ASTM E 1368, Visual Inspection of Asbestos Abatement Projects DEPARTMENT OF DEFENSE (DoD)

· MIL-STD-1472F, Military Standard, Human Engineering Design Criteria for Military Systems, Equipment and Facilities

· DoD-HDBK 743A, Anthropometry of US Military Personnel

DEFENSE LOGISTICS AGENCY (DLA)

· DLA 4145.25, Storage and Handling of Compressed Gases and Liquids in Cylinders

EPA Standards and Documents – General

· 15 U.S.C. 2601 – Toxic Substances Control Act

· EPA Title X – The Residential Lead Based Paint Hazard Reduction Act

· EPA & HUD – Lead Safe Work Practices

· HUD Guidelines, Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

· NFPA 241, Safeguarding Construction, Alteration, and Demolition Operations

· NFPA 51B, Fire Prevention During Welding, Cutting, and Other Hot Work

· NFPA 70, National Electrical Code

· NFPA 70E, Electrical Safety in the Workplace

U.S. ARMY CORPS OF ENGINEERS (USACE)

· EM 385-1-1 Safety -- Safety and Health Requirements

UNITED FACILITIES CRITERIA (UFC)

· UFC 3-560-01, Electrical Safety, O&M

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

· 29 CFR 1910Occupational Safety and Health Standards

· 29 CFR 1910.146 Permit-required Confined Spaces

· 29 CFR 1915Occupational Safety and Health Standards for Shipyard Employment

· 29 CFR 1926Safety and Health Regulations for Construction

b. Submittals: A "G" following a submittal indicates that Government approval action is required.

1) Contractor Accident Prevention Plan (APP), comply with EM 385-1-1, Appendix A; G

2) Contractor Safety Self-Evaluation Checklist; G

3) Monthly Work-Hour Reports

4) Crane Critical Lift Plan; G

5) Accident Reports – submit if incidence occurs.

6) Activity Hazard Analyses, as applicable.

c. Weight Handling Equipment (WHE) Accident: A WHE accident occurs when any one or more of the six elements in the operating envelope fails to perform correctly during operation, including operation during maintenance or testing resulting in personnel injury or death; material or equipment damage; dropped load; derailment; two-blocking; overload; or collision, including unplanned contact between the load, crane, or other objects. A dropped load, derailment, two-blocking, overload and collision are considered accidents even though no material damage or injury occurs. A component failure (e.g., motor burnout, gear tooth failure, bearing failure) is not considered an accident solely due to material or equipment damage unless the component failure results in damage to other components (e.g., dropped boom, dropped load, roll over).

d. Contractor Safety Self-Evaluation Checklist: Contracting Officer will provide a "Contractor Safety Self- Evaluation checklist" to the Contractor. Complete the checklist monthly and submit with each request for payment. A score of 90 or greater is required. Failure to submit the completed safety self-evaluation checklist or achieve a score of at least 90 will result in a retention of up to 10 percent of the voucher.

e. Regulatory Requirements: In addition to the detailed requirements included in this agreement, work performed shall comply with USACE EM 385-1-1, and the laws, ordinances, criteria, rules and regulations included in Attachment A. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements shall apply. UFC 3-560-01 takes precedence over all other guidance for electrical safety.

f. Site Safety and Health Officer (SSHO) Qualifications & Duties: SSHO shall perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor. The assignment of the SSHO does not relieve the Contractor from the regulatory requirements governing safety responsibility. The SSHO on this project can be the site superintendent unless otherwise indicated in Attachment A.

In addition to duties required in EM 385-1-1, the SSHO shall perform the following:

1) Conduct daily safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections. Attach safety inspection logs to the daily production report.

2) Attend pre-construction conference, pre-work meetings including preparatory inspection meeting, and periodic progress meetings.

Failure to actively apply an acceptable safety program will result in dismissal and a project work stoppage that will remain in effect pending approval of a suitable replacement.

g. Accident Notification and Reports

1) For recordable injuries and illnesses, and property damage accidents resulting in at least $2,000 in damages, the Prime Contractor shall conduct an accident investigation to establish the root cause(s) of the accident, fill out the Contractor Incident Report (CIR) electronically and submit via the NAVFAC Enterprise Safety Applications Management System (ESAMS) within 5 calendar days. The Contracting Officer will provide copies of any required or special forms.

2) For any weight handling equipment accident (including rigging gear accidents), the Prime Contractor shall conduct an accident investigation to establish the root cause(s) of the accident, complete the WHE Accident Report (Crane and Rigging Gear) form and provide the report to the Contracting Officer within 30 calendar days of the accident. Crane operations shall not proceed until cause is determined and corrective actions have been implemented to the satisfaction of the contracting officer. The Contracting Officer will provide a blank copy of the accident report form.

3) Notify the Contracting Officer as soon as practical, but not later than four hours, after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents, property damage equal to or greater than $2,000, or any weight handling equipment accident. Include contractor name; contract title; type of agreement; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident ( e.g., type of construction equipment used, PPE used). Preserve the conditions and evidence on accident site until the Government investigation team arrives and Government investigation is conducted.

h. Monthly Work-Hour Reports: Monthly work-hour reporting to the Contracting Officer is required to be attached to the monthly billing request. This report is a compilation of employee-hours worked each month for all site workers, both prime and subcontractor. The Contracting Officer will provide copies of any special forms.

i. Hot Work: Prior to performing "Hot Work" (e.g., welding, cutting) or operating other flame-producing/ spark-producing devices, request a written permit from the Fire Division. CONTRACTORS ARE REQUIRED TO MEET ALL CRITERIA BEFORE A PERMIT IS ISSUED. It is mandatory to have a designated FIRE WATCH for any "Hot Work". The Fire Watch shall be trained in accordance with NFPA 51B and remain on-site as required after completion of the task or as specified on the hot work permit.

j. Hazardous Material Use: Each hazardous material must receive approval prior to being brought onto the job site or prior to any other use in connection with this agreement. Allow a minimum of 10 working days for processing of the request for use of a hazardous material.

Notwithstanding any other hazardous material used in this agreement, radioactive materials or instruments capable of producing ionizing/non-ionizing radiation (with the exception of radioactive material and devices used in accordance with USACE EM 385-1-1 such as nuclear density meters for compaction testing and laboratory equipment with radioactive sources) as well as materials which contain asbestos, mercury or polychlorinated biphenyls, di-isocyanates, or lead-based paint are prohibited. The Contracting Officer, upon written request may consider exceptions to the use of any of the above excluded materials.

Immediately stop construction on any portion of work in which unforeseen hazardous material is encountered during operations and report the occurrence to the Contracting Officer. Within 14 calendar days the Government will determine if the material is hazardous. If material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Government will issue a modification pursuant to FAR 52.243-4, Changes, and FAR 52.236-2, Differing Site Conditions.

k. Pre-outage Coordination Meeting: Request for utility outages at least 15 days in advance or as indicated in Attachment A. As a minimum, include in the request the location of the outage, utilities being affected, duration of outage and any necessary sketches. Once approved, and prior to beginning work on the utility system requiring shut down, attend a pre-outage coordination meeting with the Contracting Officer to review the scope of work and the lock-out/tag-out procedures for worker protection. No work will be performed on energized electrical circuits unless proof is provided that no other means exist.

l. Fall Hazard Protection and Prevention Program:

1) Establish a fall protection and prevention program, for the protection of all employees exposed to fall hazards. Include company policy; identify responsibilities, education and training requirements, fall hazard identification, prevention and control measures, inspection, storage, care and maintenance of fall protection equipment and rescue and evacuation procedures.

2) Fall Protection for Roofing Work: Implement all protection controls based on the type of roof being constructed and work being performed. Evaluate the roof area to be accessed for its structural integrity including weight-bearing capabilities for the projected loading.

a) Low-sloped Roofs: A safety monitoring system is not adequate fall protection and is not authorized.

b) Steep-sloped Roofs: Work on steep-sloped roofs requires a personal fall arrest system, guardrails with toe-boards, or safety nets. This also applies to residential type construction.

m. Weight Handling Equipment:

1) Crane Critical Lift Plan: Prepare and sign weight handling critical lift plans for lifts over 75 percent of the capacity of the crane or hoist (or lifts over 50 percent of the capacity of a barge mounted mobile crane's hoists) at any radius of lift; lifts involving more than one crane or hoist; lifts of personnel; and lifts involving non-routine rigging or operation, sensitive equipment, or unusual safety risks. Submit the plan 15 calendar days prior to on-site work and include the requirements of USACE EM 385-1-1, paragraph 16.C.18. as well as the following:

a) For lifts of personnel, demonstrate compliance with the requirements of 29 CFR 1926.550(g).

b) For barge mounted mobile cranes, barge stability calculations identifying barge list and trim based on anticipated loading; and load charts based on calculated list and trim. The amount of list and trim shall be within the crane manufacturer's requirements.

2) Provide a Certificate of Compliance for each crane entering an activity under this contract (see Contracting Officer for a blank certificate). Certificate shall state that the crane and rigging gear meet applicable OSHA regulations (with the Contractor citing which OSHA regulations are applicable, e.g., cranes used in construction, demolition, or maintenance shall comply with 29 CFR 1926 and USACE EM 385-1-1 section 16 and Appendix H. The Certificate of Compliance shall state that the crane operator(s) is qualified and trained in the operation of the crane to be used. Also, certify that all of its crane operators working on the DOD activity have been trained in the proper use of all safety devices (e.g., anti-two block devices). Post these certifications on the crane.

3) Notify the Contracting Officer 15 days in advance of any cranes entering the activity so that necessary quality assurance spot checks can be coordinated. Contractor's operator shall remain with the crane during the spot check.

4) Comply with the crane manufacturer's specifications and limitations for erection and operation of cranes and hoists used in support of the work. Perform erection under the supervision of a designated person (as defined in ASME B30.5). Perform all testing in accordance with the manufacturer's recommended procedures.

5) Comply with ASME B30.5 for mobile and locomotive cranes, ASME B30.22 for articulating boom cranes, ASME B30.3 for construction tower cranes, and ASME B30.8 for floating cranes and floating derricks.

6) Under no circumstance make a lift at or above 90% of the crane’s rated capacity in any configuration.

7) When operating in the vicinity of overhead transmission lines, operators and riggers shall be alert to this special hazard and shall follow the requirements of USACE EM 385-1-1 section 11 and ASME B30.5 or ASME B30.22 as applicable.

8) Use cribbing when performing lifts on outriggers.

9) Position the crane hook/block directly over the load. Side loading of the crane is prohibited.

10) Certification records which include the date of inspection, signature of the person performing the inspection, and the serial number or other identifier of the crane that was inspected shall be available for review by Contracting Officer personnel.

11) Written reports listing the…