DR-4237-OST_SOW_REPAIRS_PKG(1).pdf

DR-4237-OST PERMANENT HOUSING REPAIRS SOW

Revised: 10/25/2015 1

FEMA Statement of Work

DR-4237-OST

Home Repairs Project djoseph7 Typewritten Text Attachment B

Revised: 10/25/2015 2

THIS PAGE LEFT BLANK

Revised: 10/25/2015 3

TABLE of CONTENTS

Section 1 – Scope 4

Section 2 - Roles and Responsibilities of Contractors and FEMA 8

Section 3 – Acceptance of Homes 12

Section 4 – Invoicing 15

Section 5 –Site Preparation, Utilities Connections Preparation, Septic Systems Installation, Wells Drilling, Home Repairs & Miscellaneous Items: 16

Section 6 – Other Requirements 26

Section 7 – Warranty of Workmanship 28

Section 8 – Liquidation Damages 28

Appendix A (Daily Progress Report Form) 29

Appendix B (Monthly Report Form) 34

Appendix C 35

Revised: 10/25/2015 4

Section 1 – Scope

The Contractor shall furnish all management, supervision, personnel, permits, equipment, materials, transportation, licenses and supplies necessary to perform pre-designated owner-housing (stick-built or mobile home structures, hereafter, homes) repairs to make them safe, sanitary and functional (to include the proper removal and proper disposal of waste material(s) such as but not limited to potential asbestos, lead-based paint and piping, white goods, and hazardous materials such as solvents, fuel, spent fuels, batteries, and refrigerants). Property work may include utilities repairs such that the homes will connect to water, sewerage and electricity, making the homes safe, sanitary and functional. Repair work as defined by this Statement of Work (SOW) for the Federal Emergency Management Agency (FEMA) are to be planned and performed as is applicable to the Oglala Sioux Tribe (OST). FEMA anticipates a minimum of 95 home repairs, and is anticipating up to about 140 home repairs. Repairs will be in accordance with the Robert T.

Stafford Act, 42 USC §5174 Sec. 408 – Federal Assistance to Individuals and Households for permanent/semi-permanent housing installation as it applies, and also in accordance with the HUD Installation Standards for Permanent Occupancy, and the HUD - Office of Policy Development and Research - Permanent Foundations Guide for Manufactured Housing. When and where necessary, in order to achieve permanent housing in accord with all Federal, State, Local and Tribal codes/ordinances [referenced throughout this SOW] for DR-4237-OST, the contractor shall be responsible to present [to the FEMA COR] housing repairs plans and designs containing any applicable approval of appropriate authorities in order to meet the required minimum standards referenced herein. (See SOW, section 1.9, for Plans, Designs and All Studies’ proposal. Also see SOW, section 1.8, Quality Control Plan.)

Homes will be repaired on private properties as required. It is anticipated that private properties will be the only venue for this requirement, unless it is otherwise directed by the FEMA COR. The contractor shall have the ability to repair homes to completion at a stated rate listed in the Repairs Details sheets enclosed in this SOW. The Repairs Details sheets herein enclosed shall be part of this SOW, and all SOW requirements are applicable to each Repair Details sheet.

For all activity on the Reservation, particular attention shall be given to OST Tribal Employment Rights Office (TERO), Tribal Historic Preservation Office (THPO), Tribal Cultural and Environmental requirements, regulations, and cultural sensitivity and awareness. Cultural and Environmental training, briefing and orientation of the FEMA contractor will be given by FEMA prior to the start of work by the contractor.

1.1 Mission, Location, Description

1.1.1 Mission:

FEMA is authorized to provide disaster assistance to individuals and households for emergencies, major disasters, and Incidents of National Significance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended. FEMA continues to be an integral part of the recovery following flooding and severe storms with straight line winds. The FEMA repairs contract is a necessary and significant part of the FEMA mission in South Dakota on the Pine

Revised: 10/25/2015 5

Ridge Indian Reservation. The services required are in support of the Individual Assistance (IA) Program disaster operations for FEMA-4237-DR-OST. Per that authorization, this Statement of Work applies to the Oglala Sioux Tribe (OST) in the federal disaster declaration that includes Individual Assistance under DR-4237-OST.

1.1.2 Location:

The control-point of operations is at the FEMA Forward Field Office located at 1 Positive Place, Pine Ridge, South Dakota. The FEMA Joint Field Office (JFO) is located at 145 N. Chicago St., Hot Springs, South Dakota. The contractor shall have or establish an office located within three (3) hours of 60% of the homes’ locations in order to reduce the contractor’s travel time and provide required coordination and responsiveness.

1.1.3 Description:

The Contractor shall support the Government’s home repair mission. The mission work may include repair of some damaged utilities as directed by FEMA, the connections of operational utilities to the homes in order to make them safe, sanitary and functional, and FEMA-designated private property within the affected areas of the Oglala Sioux Tribe Nation, or other locations specified by FEMA for the repair of these Homes.

Work done on Tribal Land is subject to Tribal Employment Rights Office rules, regulations and procedures. All contractors and vendors must contact the TERO office prior to initiating work.

POC is Buffy Redfish, Compliance Officer, TERO, 605-867-5167. The contractor must also contact the THPO prior to beginning work on a site that requires soil disturbance.

1.2 Period of Performance:

The contract kickoff meeting and Cultural Awareness training/briefing will occur within 2 days following contract award. The Contract Period of Performance shall commence three (3) days after contract Notice to Proceed, and will be for a six (6) month Base Period and two (2) six (6) month Option Periods.

The contractor shall be expected to ramp up and be ready to receive work orders within three (3) days following contract Notice to Proceed.

1.3 Operational Day:

Unless otherwise specified by the Contracting Officer’s Representative (COR) the required work in the contract is to be performed during the normal operational day. Operational days is twelve (12) hours per day, seven (7) days per week excluding Federal Holidays as applicable to the Tribal regulation(s)/ordinance(s) for operational day by a non-Tribal contractor, or are to reflect daylight hours as applicable to the Tribal regulation(s)/ordinance(s) for a non-Tribal contractor, or as determined by the CO and/or COR. Initially, a FEMA repair mission requires operational days to be 7 days per week. The contractor shall, in the instance(s) of Tribal regulation(s)/ordinance(s) per Tribal determination for the FEMA contractor, communicate the daily operational hours or any change in pre-set hours to the FEMA COR immediately per instance.

djoseph7 Highlight djoseph7 Highlight djoseph7 Highlight djoseph7 Highlight

Revised: 10/25/2015 6

1.4 Projected Workload:

Required work shall include: ability to repair homes at a per-day rate (hereafter period of performance, POP) to completion from work order (WO) issuance, as given in the Repairs Details sheets enclosed in this SOW. Contractor will be expected to meet the timelines and operational requirements of the contract. The contractor is responsible to report any and all barriers to their performance of the contract immediately in writing, for which the COR will give affirmation or other feedback to the contractor in writing. Any approved deviation from operational standards shall be noted on the contractor daily reports and not counted against contractor performance.

The Government will attempt to provide the Contractor with advanced notice of any changes in conditions and schedules in writing, (for example roads may close due to inclement weather on short notice and federally recognized holidays).

1.5 Contractor Employees and Background Checks:

For any contractor personnel being employed and for any contractor personnel change, the contractor shall notify the FEMA COR immediately. For each contractor employee who discontinues services to the FEMA contractor on the FEMA contract, the contractor shall notify the FEMA COR.

Within 24 hours [working days] of each personnel employment, the contractor shall run a criminal background check on each employee/subcontractor. The contractor shall notify FEMA if any employee has a criminal record. Lack of notification to FEMA of a criminal report will amount to a representation that the employee does not have a criminal record.

1.6 Contractor Furnished Property:

The Contractor shall be responsible for providing and securing all facilities, equipment, and materials which are necessary to fulfill the requirements of the contract. This includes any collateral equipment, such as calculators, computers not connected to the FEMA network server, fax, copy machines, and consumable and general office supplies.

1.7 Contractor Minimum Qualifications:

The Contractor shall provide professional, courteous, and timely services, activities, and management to ensure that all work identified in this Statement of Work is completed per the contract. This includes incorporating customer service into operations, where appropriate, as well as employing a flexible and transparent performance management system that includes performance measures of Contractor staff, subcontractors, and other representatives.

The contractor shall make all bond and insurance information available for inspection when requested by FEMA.

The Contractor will provide background checks for all Employees working on this mission to the COR at the mission kickoff meeting. The Contractor will badge all Employees working on this mission. Finally, the Contractor will provide insightful, accurate, and timely reporting, as detailed in this Statement of Work. The contractor shall make available to FEMA for inspection, all licenses, certifications or other credentials at any time requested.

Revised: 10/25/2015 7

The Contractor shall provide identification badges for all personnel. The Contractor’s ID badge shall include: company name, identification number, individual’s name, individual’s photograph and company phone number. The Contractor issued badge shall not include the words “FEMA or FEMA Contractor” or any governmental logo that gives the impression that the person is a government employee nor is otherwise an agent of the government. The Contractor’s personnel (including temporary or sub-Contractors) shall wear an identification (ID) badge provided by the Contractor.

ID badges shall be visible at all times when performing work. The contractor shall give FEMA photo-copies of all personnel badges.

1.8 Performance Evaluation Meetings:

The Contracting Officer (CO) or COR shall require the Project Manager to meet with the CO or COR and other government personnel to review Contractor performance weekly or as otherwise noted by FEMA. Conversely, the Contractor may request performance evaluation meetings with the CO/COR when he or she believes such a meeting is necessary. Written minutes of any such meeting shall be recorded in the contract file and signed by the Contract Project Manager and the CO or COR. If the Contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the CO/COR. Final decision to resolve such discrepancies between contractor and COR after the COR makes final determination shall be made by the CO.

1.9 Quality Control Plan:

Within 24 hours of award, the contractor shall furnish their Quality Control Plan (QCP) to the COR for review, and shall describe all contractor Quality Control (QC) action(s). QCP content shall include general techniques the contractor will use to make necessary repairs as listed in the SOW, and any potential alternative techniques that may be employed to complete repair work. The contractor’s QCP shall describe its methods of oversight on its work performance and timeliness as it relates to the terms of the contract for all major categories of repair in the QCP.

This review will result in COR approval or rejection within 24 hours of receipt in writing to the contractor from the COR. If rejected, the contractor shall submit the necessary changes/corrections to the COR within 24 hours for review/approval by the COR. The QCP shall address the contractor’s performance, how the contractor plans to meet all required metrics and deliverables as required in the contract, and actions and timeline(s) of the contractor to correct contract deficiencies as applicable.

1.10 Plans, Design and Studies’ Proposal:

Only when necessary, for homes that require other than standard industry/trade repairs, the contractor shall furnish Plans, Design and Studies’ proposals to the COR for review prior to initiating the work. Plans, Design and Studies’ proposals shall be submitted for homes requiring out-of-the-ordinary repair techniques for major divisions of work as described in the Contract Line Item (CLIN) structure. Examples of Major divisions’ work that requires a Plans, Design and Studies’ Proposal includes re-engineering, re-design, altering, re-configuration or re-routing of utilities (example, electrical service, plumbing), framing, or an alternative material to be used that may not be of equal quality as in/on the existing structure. These proposals shall include all contractor details and specifications for the repairs of homes, certified and/or stamped by licensed professionals (i.e. engineer, architect) where applicable, that may, as required, show

Revised: 10/25/2015 8

[among other details] sizing, shape, load capacities and strength [as applicable]. The Plans, Design and Studies’ proposals will be in reference to the home repairs, for the purpose of making the home safe, sanitary, and functional.

Note: during the contractor’s period of performance, revision plans as they are needed will be presented to the COR for review. Any deviation(s) [for a specific unit] from the Plans, Design and Studies’ proposal, shall be submitted to the COR for approval within 24 hours of a FEMA work order for review. Any authorizations, certifications or approval by professional entities and authorities [as required by this SOW, herein] remains in effect for deviation proposals as applicable.

1.11 CONFIDENTIALITY OF INFORMATION

To the extent that the work under this contract requires that the contractor be given access to Personally Identifiable Information (PII), sensitive or proprietary information, business, technical, or financial information belonging to the Government or other entities, the contractor shall, after receipt thereof, treat such information as confidential and sensitive, and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing.

Section 2 - Roles and Responsibilities of Contractors and FEMA

2.1 Contractor Roles and Responsibilities:

Contractor roles and responsibilities are contingent on the services required specific to the disaster event. The categories of services required may include: Assembly or connection of Septic System, assembly or connection of water system (connection should be made with rural water when feasible or, as an alternative, include the drilling of wells), repairs of existing damaged dwelling, and removal of waste materials as directed by the CO or COR. Roles and responsibilities details are listed below.

Additionally, the Contractor shall be responsible for obtaining all applicable permits and licenses corresponding to the work being performed in accordance with FAR Part. 52.236-7 Permits and Responsibilities.

2.1.1 Regarding codes/ordinances, licenses and regulations on/off the Tribal Reservation: These requirements and credentials are included under the purview of the Oglala Sioux Tribe and [potentially] the Tribal Housing Authority and as a result, there are no known requirements by the State of South Dakota or local entities licenses, permits or certifications for the repair of homes as applicable on Tribal land. In general, HUD and International Building Codes (IBC) should be utilized as applicable.

2.1.2 Regarding Tribal Environmental and Cultural Awareness requirements: All employees of the FEMA contractor are required to attend a Cultural Awareness / Archaeological Site / Traditional Use Properties Identification training and orientation prior to beginning work at the Reservation.

The contractor project management and quality control staff shall also be required to attend Environmental Awareness training and orientation prior to beginning work at the Reservation.

Revised: 10/25/2015 9

These awareness trainings and orientations are applicable across and throughout the Reservation, and at each Reservation property in accordance with the Tribal Historic Preservation Office (THPO) for sacred sites, traditional cultural properties, traditional use properties, archeological sites, historic Tribal sites, unmarked burial sites, and medicine plants. A Standard Operating Procedure document will be issued by FEMA Environmental & Historic Preservation Section (EHP) to contracting staff that addresses protocol to be followed in the case of inadvertent discovery of archaeological sites and especially, human remains.

2.1.3 Contractor compliance with codes/ordinances, licenses and regulation on Tribal Reservation:

Oglala Sioux Tribe, Tribal Employment Rights Office (TERO) ordinance and regulations apply to contractors working for FEMA on the reservation. TERO ordinance/regulations may be applicable to the contractor performance of the repair mission for: TERO core-crew employment preference, fees and penalties, reporting, compliance planning and surveillance, hiring.

Compliance with THPO requirements shall be included in the contractor’s quality control plan and field process(es) as applicable. Should the contractor (or Tribal archaeological monitor in cases where they are required to be present during repair) come upon or discover potential item(s) on a property that are suspect to be part of, or contain elements of a Tribal sacred site, traditional cultural property, traditional use property, archeological site, historic Tribal site, unmarked burial site and medicine plants, the contractor shall immediately halt what it is doing, move tools and equipment away from the suspected area(s), follow protocol established by FEMA EHP, and call their immediate supervisor, and contact the FEMA COR. No work should be pursued at the suspected area(s) until cleared by the FEMA COR and FEMA EHP.

2.1.4 Contractor compliance with the terms of the FEMA contract on Tribal Reservation: These requirements are spelled-out in the FEMA contract and as the terms apply to the Federal Acquisition Regulation (FAR). FEMA contracting adheres to the FAR and its authority that establishes and regulates all Federal contracts.

2.2 FEMA Inspection and Acceptance of contractor work – Fixed Price:

FAR Part 52.246-4 sections (1) and (2), as shown below, and FAR Part 52.246-6, as referenced herein, and shall be applicable to this contract:

a. If any of the services do not conform to contract requirements, the Government may require the contractor to perform the services again in conformity with contract requirements, at no increase in the contract amount. When the defects in services cannot be corrected by additional costs or re-performance, the Government may –

i. Require the contractor to take necessary action to ensure that future performance conforms to contract requirements; and

ii. Reduce the contract price to reflect the reduced value of the services performed.

b. If the contractor fails to perform the services within…[the POP] , on the…[next] day the Government will invoke its rights under FAR Part 52.246-4 to take action to ensure future performance in conformity with contract requirements, the Government may –

Revised: 10/25/2015 10

i. By contract or otherwise, perform the services and charge the contractor any cost incurred by the Government that is directly related to the performance of such service; or

ii. Terminate the contract for default.

2.3 General Environmental Issues:

Some environmental factors to consider in the performance of this work includes:

1. Cell connectivity on or around the reservation is sparse and may not be reliable in several areas.

2. Tribal ordinances and regulations may limit all non-tribal personnel on the reservation for contract work during evening/night, or other specific hours. The contractor is responsible to follow the ordinances and regulations on the reservation as they apply to TERO and notify the COR in writing immediately.

3. Power and water companies’ scheduled to energize and pressurize homes for up to the minimum period of time required prior to completion, in order to test the home for functionality; this is to be coordinated with the respective power and water companies by the contractor for efficiency of scheduling.

4. Suspect property area(s) where THPO issues may be discovered (see SOW, section 2.1.3).

2.4 General Roles and Responsibilities:

1. Provide all of the material, labor, equipment, and services necessary for the mission.

2. Use Local subcontractors to the maximum extent practicable as applicable to the Tribal Employment Rights Office (TERO). Work done on Tribal Land is subject to TERO rules and procedures. The contractor must contact the TERO office prior to initiating work. POC is Buffy Redfish, Compliance Officer, TERO, 605-867-5167.

3. Actively coordinate with the FEMA CO or COR and Tribal partners.

4. Provide staff that is able to obtain access to government facilities if needed for meetings. All Contractor staff will be required to go through the government process in place, as required by the COR, to allow them access to Government facilities.

5. Identify and notify COR of potential project constraints.

6. Perform work and task order activities on time. Ensure Contractor performance meets the requirements outlined in this SOW, Performance Requirements and Performance Evaluation.

7. No Government Furnished Equipment (GFE) will be supplied.

8. Dispose of all materials and supplies in compliance with all Federal, State, Tribal and Local laws, regulations/ordinances and rules. This includes, but is not limited to, spent fuels, batteries, refrigerants and tires, potential asbestos and lead paint. The Contractor shall pay any fees associated with the removal and disposal of hazardous waste. Herein, reference is made to all applicable authorities under the Federal, State, Local and Tribal codes/ordinances. Tribal authorities include the OST Environmental

Revised: 10/25/2015 11

Protection Program (EPP) contact: Lloydell "Suzy" Mesteth, OST,EPP Director, Box 2008, Pine Ridge, SD 57770, 605-867-5236).

9. Contractor Safety

A. Contractor shall furnish all required safety equipment and/or clothing, which may be required for personnel as appropriate by Federal, State, Tribal and Local code/ordinance. This will include maintaining a safe working environment for the Contractor’s employees, unit occupants, FEMA staff, other Contractors and the general public. At no time shall the Contractor leave unattended or otherwise unprotected, any excavation or safety hazard that might cause injury to persons. Contractor shall not leave unattended or un-secured any tools or equipment. Contractor shall take particular precautions to secure all tools, equipment, machinery and materials to prevent theft or property destruction.

B. Contractor shall comply with the Department of Labor and the Occupational Safety and Health Administration (OSHA) safety regulations, rules and requirements, as well as any Federal, State and Tribal laws, codes, and ordinances.

10. The Contractor shall provide reports, as defined by the COR. Ensure that all reports meet the information needs specified, and any additional information requested by the COR. Maintain accurate records and provide all documents as required in the contract.

2.4.1 Housing Repair Contractor Roles and Responsibilities:

1. Register each employee in the e-Verify system.

2. Make authorized repairs to FEMA-identified homes as necessary as directed by the COR or CO to bring the homes to safe, sanitary and functional states.

3. Coordinate among with all authorities and parties, and also to the FEMA COR or CO and Tribal partners.

4. Ensure professional behavior(s) by every person employed or contracted by the FEMA contractor on the job site.

5. Ensure the safe performance of all personnel on each site; take full responsibility for the safety of each job site.

6. Obtain all permits and licenses, as required, at the expense of the Contractor.

7. Pay for all fees necessary to perform and complete the necessary repair work at FEMA-designated homes.

8. Obtain all bonds and permits required for multiple home repair work sites.

9. Obtain appropriately experienced and properly credentialed staff to perform the work. Coordinate all efforts with Government entities and Tribal partners as appropriate by Federal, State, Tribal and Local laws/ordinances.

10. Repair homes in accordance with the specifications in this Statement of Work.

11. Provide Quality Control (QC) certification mark on each Repair Detail sheet as work is completed.

Revised: 10/25/2015 12

12. Provide daily progress reports for each home being repaired or for which homes repairs have been completed to the FEMA COR.

13. Invoice for progress payments (due every 15th day for previous two weeks’ work).

2.4.2 FEMA Roles and Responsibilities:

In order to support Contractor activities related to repair responsibilities, FEMA will perform the tasks detailed below. The scope of services provided by FEMA may vary based on the need of the event, and scope of services provided by the Contractor or other Federal agencies.

1. Identify properties and potential homes for repairs.

2. Provide repair details for each home.

3. Provide FEMA monitoring staff for Quality Assurance (QA) as needed for each home repair marked for QC by the contractor.

4. Address occupant issues as appropriate through the FEMA COR and FEMA liaison to the Tribe.

5. Accept completed repairs of the home (safe, sanitary and functional) from the contractor by FEMA signature on the Repair Details sheet.

6. Respond to any THPO guidance / directives and issues.

Section 3 – Contractor Initiating and Completing Repair Work:

This section describes the Contractor’s duties and responsibilities related to initiating and completing work on homes.

3.1 Repair Work Initiation Requirements:

The contractor shall initiate work activity within six (6) hours of the repair work issuance by FEMA. The contractor shall ensure that work and supply delivery schedules are transparent to the FEMA COR, and also to the FEMA liaison to Tribal guides, and home-owner (as appropriate). The contractor shall coordinate with the FEMA COR, FEMA liaison to Tribal guides, Tribal partners and the home-owner for work initiation and scheduling as appropriate to begin work activity in accordance with the SOW. The contractor shall coordinate and secure all necessary Federal, State, Local and Tribal permits and fees according to laws, regulations, requirements/ordinances in order to initiate work on the FEMA-designated home per work issuance to the contractor.

3.1.1 Work Order Issuance:

Repair preparations and home repairs are described in detail on the Site Repairs Details sheets, which are part of the SOW in the form of Performance Work Statements (PWS). The PWSs are included in the SOW, and specifically detail the scope of the SOW, though all PWSs will be ordered by FEMA at different, pre-designated times. FEMA will issue repair work to the contractor after it has vetted all factors for each site with the OST authorities and against FEMA criteria for eligibility. Each PWS, or Repair Detail Sheet, will have its own specific period of performance, and will be initiated by a FEMA work order at

Revised: 10/25/2015 13 the time designated by FEMA. Each FEMA work order may be a formal work order form or may be an email to the contractor from the COR, detailing the specific information needed by the contractor to initiate the repair work. FEMA may issue up to five (5) work orders simultaneously, unless the contractor is able to accomplish more with its current workload, but each work order has its own timeline and varying work to complete. These timelines are labeled on each Repair Detail Sheet. Work orders for repairs will be issued by FEMA as the Government needs to, but if FEMA has the option to issue a range of available repair work orders, then the best balance of work load and complexity of work will be considered in the order of issuance to the contractor.

NOTE: All orders received at or after 2:00 pm local time will be considered next-day orders.

Required contractor coordination may include the utility provider(s) (example, Lacreek Electric Association or Nebraska Public Power District) necessary before beginning work. The contractor shall notify the FEMA COR immediately about coordination difficulties or issues so that any delays in performance may be mitigated as early as possible. Such delays that are beyond the control of the contractor shall be reported to the COR immediately and documented on the daily contractor progress reports. Work delays that result from initiation issues the contractor could have controlled shall also be noted on the daily contractor progress reports. In the instances when the contractor did not control issues which it could have, but that which causes delay in work initiation, shall require contractor QC action and reporting of such QC action shall be communicated to the FEMA COR immediately and shall be noted on the daily progress report (Appendix A) to the FEMA COR.

3.1.2 Work Order Period of Performance:

The period of performance for each PWS shall be a specific time-estimate for completion of work (based on calendar days). For individual PWS repair work to be accomplished by the contractor, the contractor shall estimate the number of days to complete repair work at each site. The contractor time estimate for performance of each home repair is enclosed herein (Appendix B).

3.2 Repair Work Activity Requirements:

The contractor shall perform work activity within the given period of performance (POP) for each FEMA-designated home as issued to the contractor by FEMA. The contractor shall ensure all work and supply deliveries are transparent to the FEMA COR, and also to the FEMA liaison to Tribal guides, and home-owner (as appropriate), and also shall ensure that all work and deliveries are secured in a safe manner to protect health and safety of all people as well as to prevent vandalism, damages and theft. The contractor shall coordinate with the FEMA COR, FEMA liaison to Tribal guides, Tribal partners and home-owner for scheduling of work as appropriate to complete home repairs in accordance with the SOW. The contractor shall coordinate and secure all necessary Federal, State, Local and Tribal permits and fees according to laws, regulations, requirements/ordinances in order to initiate work on the FEMA-designated home per work issuance to the contractor. Required contractor coordination may include the utility provider(s) (example, Lacreek Electric Association or Nebraska Public Power District), Tribal partners (example, Tribal EPP and THPO) necessary while completing work. The contractor shall notify the FEMA COR immediately about coordination difficulties or issues so that any delays in performance may be mitigated as early as possible, and so that any appropriate documentation about contractor performance shall be done. Such delays that are beyond the control of the contractor shall be reported to the COR immediately, and shall be documented on the daily contractor progress reports. Work delays

Revised: 10/25/2015 14 that result from initiation issues the contractor could have controlled shall also be noted on the daily contractor progress reports. In the instances when the contractor did not mitigate issues which it could have, but that which causes delay in work performance, shall require contractor QC action, and the reporting of such QC action shall be communicated to the FEMA COR immediately, and shall be noted on the daily progress report to the FEMA COR.

The contractor shall coordinate and control all repair and delivery action(s) at a FEMA-designated home, including all trucks and machines. The contractor shall be responsible for all employees and sub-contractors on the job site per the FEMA contract. All employees, sub-contractor, trucks, machines, tools and equipment on the site shall be identified and approved by the FEMA contractor for work on the job site, and in all instances the FEMA contractor will be held accountable for work and personnel behavior(s) while on the job site. All contractor work shall be governed by the Federal Acquisition Regulations (FAR) and the FEMA contract.

The contractor shall keep accurate inventory lists of all materials, tools, equipment and machines it deploys to the work site for repairs. These inventory lists shall be made available for inspection by FEMA as requested. The contractor shall ensure all its invoices are kept organized per home repair, and shall be part of supporting and backup information, which will be required when the contractor invoices FEMA for completed work.

3.3 Repair Work Completion Requirements:

The Contractor shall use the FEMA Repair Details sheet for its punch-list report of work completion to FEMA. The daily progress report to FEMA shall record the date a home repair is completed. Any report from FEMA QA indicating the home repair is not completed per contract shall be corrected both in work and in reporting to the FEMA COR immediately. Repair work on a home shall be considered complete when FEMA certifies acceptance of work completion. FEMA QA certification by signature on the Repair Details sheets will indicate acceptance of work completion.

The Contractor shall be responsible to repair all damage caused while working at the location. The contractor shall clean the work site completely, removing all tools, machines, debris, trash, rubbish, nails, screws, nuts, bolts, and all items that can be traced to the FEMA contractor. The contractor shall consider the repair work completed when the structures are in safe, sanitary and functional condition, the site cleaned of all scraps and rubbish, and groomed for presentation to FEMA for acceptance of work completed by the contractor.

In some cases, FEMA may determine punch list items are required before a home can be deemed completed. In these cases, the Contractor shall address and fix the identified items within the PWS timeline. The Contractor shall provide detailed documentation of actions taken to remedy said items and the home shall be made available to the COR for verification. The home will be inspected by a FEMA representative to document the Contractor’s completion of these items.

In order to ensure final clean-up and readiness, the Contractor shall do the following:

• Ensure all utilities are in working order and safe.

• Clean floors, counters, kitchen equipment, bath fixtures, and windows. Perform other minor work to prepare the unit for occupancy (i.e. door adjustments, refasten molding and panels).

• Remove packing debris and excess set-up material from premises.

Revised: 10/25/2015 15

• Report missing items to the COR.

• Ensure the keys are present and are in working order for the doors to return them to the home owner.

Upon completion of home repair, the Contractor shall assemble all furniture and clean after itself to include all appliances, cabinets, shelves, kitchen, and bathrooms. All appliances and components associated with the home must be tested, to include but not limited to plumbing, electrical, HVAC and exhaust fans.

Inside the home, the Contractor shall do the following:

• Activate utility systems and make minor repairs. Test water system and make minor repairs as needed during temporary pressurizing of the home (i.e., tighten, adjust, or replace fittings, flare nuts, faucet washers, ball cocks, shower diverters and faucet sets); verify hot/cold water lines are repaired and labeled to code, reverse if required. Ensure that any applicable aerators and shower heads are clear from dirt and debris.

• Tighten loose connections in electrical system.

• Test electrical circuits for proper polarity, and check breakers, switches, or receptacles, as needed during the temporary energizing of the home by the power company as coordinated by the FEMA contractor as described herein.

For appliances, the contractor shall do the following:

• Activate, test and make any necessary minor repairs to the refrigerator, range, microwaves (if included), furnace, HVAC, and water heater for proper operations.

• Adjust pilots and burners, change orifices and water heater elements, as needed.

• Test smoke detectors and CO detectors, and replace if faulty (also replace batteries as needed).

• Test exhaust fans for proper operation, repair as needed.

Outside the home, the Contractor shall do the following:

• Verify that the unit is not under any electrical service wires; if so, contact the COR.

• Verify that Uniform Federal Accessibility Standards (UFAS) requirements are incorporated when directed.

• Ensure that there are no holes, un-tamped backfill, trenches, or other safety hazards around the home.

• Verify that all piping and fittings are glued as applicable.

• Ensure all wood that is used on site is exterior grade lumber or pressure treated construction grade lumber.

• If applicable, verify the installation and functionality of heat tape or approved equivalent.

Section 4 – Invoicing:

The FEMA contractor may invoice FEMA for a completed home repair following FEMA QA certification of its repair completion. The contractor shall invoice every 15th day for the previous two weeks of work completed as based upon the repair progress completion schedule (see SOW, section 6.3, Deliverables, Revised: 10/25/2015 16

Required Reports, and Additional Details). The contractor shall invoice for progress payments as stipulated, by the exact amount of work completed at the time the invoice is due to FEMA. The contractor QC shall certify the completion of its work by signature on the FEMA Repair Details sheets, and present this documentation to FEMA for QA certification by signature on the Repair Details sheets.

The contract’s final invoice shall be labeled, “Final”, and shall be submitted to FEMA within 30 calendar days of contract work completion.

The contractor shall keep accurate inventory lists of all materials, tools, equipment and machines it deploys to the work site for repairs. These inventory lists shall be made available for inspection by FEMA as requested. The contractor shall ensure all receipts are kept organized per home repair, and shall be part of supporting and backup information for invoicing FEMA on completed repair work.

Section 5 –Site Preparation, Utilities Connections Preparation, Septic Systems Installation, Wells Drilling, Home Repairs & Miscellaneous Items:

This section describes the duties of the Contractor as it applies to preparations for home repairs and home repairs. Repairs preparations and home repairs are described in detail on the Site Repairs Details sheets, which are absorbed into the SOW as PWSs. The PWSs are included in the SOW, and specifically detail the scope of the SOW, though not all PWSs will be initiated upon Notice to Proceed. Each PWS, or Repair Detail Sheet, will have its own specific period of performance, and will be initiated by a FEMA work order at the time designated by FEMA. Each FEMA work order may be issued by FEMA in the form of a formal work order or may be an email to the contractor from the COR. All work orders will identify the Site Number, address (if possible), GPS coordinates of the property (if possible), home size and type and work description(s), detailing the specific information needed by the contractor to initiate the repair work. These descriptions details may include: site work, demolition, excavation and backfill, concrete/masonry, carpentry, roofing, appliances and cabinetry, windows and doors, plumbing and finishing. The home and all systems in the home, all appliances and assembled furniture (if applicable), which, when completed should make the home safe, sanitary and functional, should be tested, making the home repair work completed. The home and its lot should be made safe, cleaned and have all extraneous material removed prior to the contractor reporting the home repairs complete.

5.1 General Requirements:

All appliances or other appurtenances requiring the contractor’s assembly or installation, testing and connecting shall be completed in a manner consistent with any applicable manufacturer’s installation instructions. Any applicable warranty item(s) which are assembled or installed by the contractor shall be activated by the contractor in the owner’s name as directed by the FEMA COR or home-owner. If repair work applies to State, Tribal or Local codes/ordinances that vary from any of the manufacturer-published requirements, resulting in any deviation on the part of the contractor, a copy of the code and notation of installation modifications necessary shall be provided to the COR for approval. Additionally, FEMA may require some homes to be repaired in compliance with the UFAS as applicable. In the case of conflicting requirements, the most stringent, specific, and definitive rule will be followed. If a conflict arises within the requirements, the COR will make the final determination.

djoseph7 Highlight

Revised: 10/25/2015 17

The Contractor shall identify and obtain all permits that are required for the home repairs, septic installation, well drilling, or utility installation/connections from local/state, Tribal entities, and report the projected time required to obtain permits.

5.1.1 Site preparation:

The contractor shall identify any and all conditions on the work site that require preparation. This may include the moving of any waste materials or natural brush necessary to provide the contractor with adequate room to make necessary repairs. The contractor shall notify the COR prior to moving or removing any personal property of the home owner.

As directed by the COR, the Contractor shall clear, remove and dispose of debris (including, for example, remnant material(s), and some aged materials - that may contain asbestos) prior to home repairs commencing. Remnant materials to be removed from a property, are to be disposed of according to all applicable Federal, State, Local and Tribal laws, regulations/ordinances (see attached OST EPP, Application for a Demolition Waste Management Permit, which indicates a 1% fee).

5.1.2 Utilities Connection Preparation:

The contractor shall, at the direction of the COR, coordinate with the applicable utility company/entity/authority for making proper connection with that utility. Any guidance or instructions from the authority shall be sought by the contractor prior to work, and shall be complied with during work by the contractor. In the event that said guidance or instruction deviates from other authority required to be followed (example, National Electric Code, NEC), the stricter of the two directions shall be followed. The contractor shall notify the COR about the deviation(s). During work, and when possible, all existing materials shall be reused. FEMA may require Government inspection prior to the covering up or backfilling of hardware installation/repair; the COR will communicate this requirement if it is necessary.

5.1.3 Septic System Installation:

As directed by the COR, the Contractor shall assemble a septic system capable to support the household composition in accordance to Federal, State, Local and Tribal rules and regulations/ordinances. If there is an existing family-size septic system needed for use that is full or nearly full, the contractor will have it pumped as instructed by COR or CO. FEMA may require Government inspection prior to the covering up or backfilling of hardware installation/repair; the COR will communicate this requirement if it is necessary. Contractor to communicate with the COR if an alternative type system is to be suggested.

5.1.4 Water Wells Installation:

As directed by the COR, the Contractor shall drill a well capable to support the household composition in accordance to Federal, State, Tribal and Local rules and regulations. If there is an existing well but it is not capable of providing adequate water pressure to the home, contractor will be responsible to upgrade the system to standards or to connect to rural water supply (whatever is more feasible) as directed by the COR. FEMA may require Government inspection prior to the covering up or backfilling of hardware installation/repair; the COR will communicate this requirement if it is necessary.

5.1.5 – Utility Installation & Connections:

Revised: 10/25/2015 18

The HUD - Office of Policy Development and Research - Permanent Foundations Guide for Manufactured Housing is referenced here as-are applicable.

The contractor shall be responsible for all trenching, backfill and compaction necessary for repair. All trenches shall be back filled, tamped or rolled to the maximum practical density to avoid settlement damage to sewer or water lines. All construction debris, waste and excess material shall be cleaned and removed from all sites following preparation.

5.1.6 Concrete & Masonry Work:

The contractor shall provide concrete and masonry repair work as necessary for FEMA-designated homes. This may include some foundation repairs, retaining wall erection or basement structure repair.

5.1.7 Carpentry Work:

The contractor shall provide carpentry repair or erection work as necessary for FEMA-designated homes. This may include framing, flooring, walls, ceilings and roofing repairs. Carpentry repair work may include the assembling of, repairing of, squaring of, or erection of window and door frames and re-hanging of doors as needed.

5.1.8 Electric Work:

Electrical includes all wiring to be direct burial in conduit, and all associated parts from the Utility Company’s connection on the meter loop pole or pedestal, to and throughout the home, including underground entrance cable. When connecting to an approved power source the responsibility shall include all repaired components up to the approved power source. This includes all appropriate inspections. FEMA may require Government inspection prior to the covering up or backfilling of hardware installation/repair; the COR will communicate this requirement if it is necessary.

• The contractor must have all appropriate credentials, permits and licenses as defined by the contract.

• The contractor shall test electrical systems during the temporary energizing of the home by the power company as coordinated by the FEMA contractor and as described herein.

The Contractor shall install all electric connections for homes in accordance with Federal, State, Tribal and Local regulations and codes/ordinances:

• The Contractor shall run electric at an excavation depth in accordance with all applicable requirements.

• If needed, in order to provide some of the required repairs prior to the home being fully energized by the power company, potentially for safety reasons in accordance with the National Electric Code (NEC) or other authority, the contractor shall furnish and install temporary power pole and meter loop with the appropriately sized service in coordination with the power company. Said temporary hardware shall be completely removed after it is no longer needed, all holes backfilled and tamped, and the site cleaned and groomed as appropriate to work completion.

• If necessary, in order to provide some of the required repairs prior to the home being fully energized by the power company, potentially for safety reasons in accordance with the

Revised: 10/25/2015 19

National Electric Code (NEC) or other authority, the contractor shall furnish generator power and fuel.

• Assembly shall be appropriately sized for the home to be repaired with a weatherproof, rain-tight meter box containing the 200 amp main circuit breaker. All conduit connections on the meter pole must be watertight.

• When a power pedestal is required, the Contractor shall install at a height that exceeds the average amount of snow accumulation at any time during the year.

All components shall be repaired in accordance with the National Electric Code (NEC) and applicable tribal authority. All conduit connections must be watertight. There shall not be any bare wire buried, but all wire shall be encased in proper conduit. Service entrance cables shall comply with all national, State, Local and Tribal codes/ordinances and regulations where applicable. All Power Connections shall be repaired as per the applicable Federal, State, Local, and Tribal codes/ordinances and regulations.

When the home electric work is completed and ready for energizing, the contractor shall identify to the COR that the home is Ready for Electric (RFE). The contractor shall test the home electricity thoroughly throughout the structure to ensure safe conditions exist.

• Homes shall be grounded per National Fire Protection Association (NFPA) or National Electric Code (NEC), whichever is more stringent.

• If the contractor identifies that additional primary or intermediate power poles are necessary in order to make electric connections to the home from an electric feed too far to otherwise energize the home, then the COR shall be notified. The contractor will coordinate with the power company and provide any fees that may accompany the build-out electrical hardware for needed service.

• Cables buried and/or not buried as…