N6274220R1303 Amendment No. 0006.pdf

19RXXX1

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

RFP N62742-20-R-1303, NAVFAC WORK ORDER NUMBER 1606623 1606623, FY20 MCON PROJECT P-90300 EARTH COVERED MAGAZINES AT ROYAL AUSTRALIAN AIR FORCE BASE, TINDAL, NORTHERN TERRITORY, AUSTRALIA

Continued on page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 31-Jan-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6274220R1303

X 9B. DATED (SEE ITEM 11)

12-Dec-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

31-Jan-2020

CODE

HAND DELIVER

NAVFAC PACIFIC

CONSTRUCTION CONTRACTS BR (ACQ33)

4256 RADFORD DR, BLDG 62

HONOLULU HI 96818-3296

N62742 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6274220R1303

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

PROJECT TABLE OF CONTENTS

Section 01 11 00 SUMMARY OF WORK is hereby deleted in its entirety, and replaced with the attached Section 01 11 00 SUMMARY OF WORK Amendment 006.

Section 32 12 36.13 ASPHALTIC SEAL AND FOG COATS is hereby deleted in its entirety, and replaced with the attached Section 32 12 36.13 ASPHALTIC SEAL AND FOG COATS Amendment 006.

DOCUMENT 00 01 15 LIST OF DRAWINGS

1.2 CONTRACT DRAWINGS

The following drawings are revised as of 24 January 2020:

NAVFAC DWG NO. TITLE

17237020 CS-500 – SITE DETAILS, Revised 24 Jan 20 17237041 S-510 – TYPICAL STEEL DETAILS, Revised 24 Jan 20 17237047 S-705 – ECM HIGH SECURITY HASP, Revised 24 Jan 20 17237067 A-611 – ECM DOOR AND FRAME SCHEDULE, Revised 24 Jan 20

FY20 MCAF PAF180300, APSI Earth Covered Magazines 1606623 RAAF Tindal, Australia

SECTION 01 11 00

SUMMARY OF WORK

08/15

Amendment 006

PART 1 GENERAL

1.1 GENERAL REQUIREMENT

The Contractor acknowledges and agrees that:

a. The Contractor is a party to the contract with the Naval Facilities Engineering Command, Pacific (NAVFAC Pacific) to carry out the Contractor's Activities and Works on the Royal Australian Airforce base;

b. The Contracting Officer is an employee of the Naval Facilities Engineering Command, Pacific and is assigned administration and enforcement authority and responsibility for this contract; the Australian Requirements Schedule (attached at the end of this section) is a non-exhaustive list of laws, codes, decrees, labor standards, and regulations of the host country, Commonwealth, State and Territory, currently in effect, that the Contractor is required to comply with;

c. The Contractor is responsible for ensuring it complies with all requirements of the contract, including the Division 01 (General Requirements), the Australian Requirements Schedule, and any other laws, codes, decrees, labor standards, and regulations of the host country, Commonwealth, State and Territory in accordance with Contract Clause 1.1, Contractor Licensing Requirements for Work Outside the United States; Federal Acquisition Regulation (FAR) 52.236-7, Permits and Responsibilities, Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7042, Authorization to Perform; and DFARS 252.222-7002, Compliance with Local Labor Laws (Overseas) of the Request For Proposal, Document 00700;

d. If the Contractor identifies any ambiguity, discrepancy or inconsistency between the requirements of the contract, including the requirements of Division 01, the Australian Requirements Schedule, and any other laws, codes, decrees, labor standards, and regulations of the host country, Commonwealth, State and Territory, the Contractor shall immediately submit a Request for Information (RFI) to the Contracting Officer clearly describing the ambiguity, discrepancy or inconsistency and offer a proposed solution;

e. The Contracting Officer may issue a response after contract award to RFIs received from the Contractor in accordance with paragraph (a), directing the Contractor as to the course it must adopt;

f. The Contractor must comply with any direction issued by the Contracting Officer under paragraph (e) at no additional cost to the Government; and

g. The Contractor's compliance with any direction issued by the Contracting Officer under paragraph (e) will not have any effect on the Contractor's liability under the Contract.

JEG# WFXO6303 SECTION 01 11 00 Page 1 Amendment 006

1.1.1 Project Information

The project is the construction of two (2) Earth Covered Magazines (ECM) and a Production Area that will include a Munitions Assembly Conveyor (MAC) shelter to support United States and Australian military joint training activities at RAAF Base Tindal, NT AU. The project will also require that a new electrical service with unit substation be brought to the site from existing substation #32. A new telecommunication service will be extended from Bldg. 452 to the site.

The project has been designed in accordance with NAVAFC Pacific facilities design criteria and in compliance with Australian Building Codes and Regulations.

The ECMs shall be licensed by the Australian Department of Defence's Explosive Ordinance.

The project's specifications are based upon Unified Facilities Guide Specifications (UFGS). However, the Australian Requirements Schedule (ARS), version 1.2, are included by reference and a copy has been included at this end of the section for the Bidder's information.

The project will adhere to both the UFGS and ARS. In case of discrepancies, Contractor shall submit a written request for clarification or a Request For Information (RFI) to the Contracting Officer.

1.1.2 Location

The work is located at the Royal Australian Air Force Base Tindal, NT AUS, approximately as indicated. The exact location will be shown by the Contracting Officer.

The ECMs will be collocated with existing munitions storage area.

Contractor is advised that operational and training activities, both planned and unplanned, at RAAF Tindal will occur and impede and/or prevent construction activities.

These activities will require the movement and handling of potentially explosive materials and will pose a risk to the Contractor and their staff. Contractor shall develop Activities Hazard Analysis plan outlining procedures and protocols to be followed when these activities occur to mitigate risk to personnel.

a. Contractor shall plan on 1 day per month for deliveries which will preclude work from being performed in the ECM area.

b. Contractor shall plan on 30 days per year for operations, which will preclude work from being performed at the Production Pad area.

1.2 OCCUPANCY OF PREMISES

The ECMs are located adjacent to existing ECMs that will remain fully operational during the construction. Contractor will be required to maintain access to/from the area to the existing ECMs at all times.

Before work is started, arrange with the Contracting Officer a sequence of procedure, means of access, space for storage of materials and equipment, and use of approaches, corridors, and stairways.

JEG# WFXO6303 SECTION 01 11 00 Page 2

1.3 EXISTING WORK

In addition to FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements:

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

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

1.4 LOCATION OF UNDERGROUND UTILITIES

Obtain digging permits prior to start of excavation, and comply with Installation requirements for locating and marking underground utilities.

Contact local utility/service provider locating service a minimum of 48 hours prior to excavating, to mark utilities, and within sufficient time required if work occurs on a Monday or after a Holiday. Verify existing utility locations indicated on contract drawings, within area of work.

Identify and mark all other utilities not managed and located by the local utility/service provider companies. Scan the construction site with Ground Penetrating Radar (GPR), electromagnetic, or sonic equipment, and mark the surface of the ground or paved surface where existing underground utilities are discovered. Verify the elevations of existing piping, utilities,and any type of underground or encased obstruction not indicated, or specified to be removed, that is indicated or discovered during scanning, in locations to be traversed by piping, ducts, and other work to be conducted or installed. Verify elevations before installing new work closer than nearest manhole or other structure at which an adjustment in grade can be made.

1.4.1 Notification Prior to Excavation

Notify the Contracting Officer at least 48 hours prior to starting excavation work.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

JEG# WFXO6303 SECTION 01 11 00 Page 3

THIS PAGE INTENTIONALLY LEFT BLANK

JEG# WFXO6303 SECTION 01 11 00 Page 4

Version 1.32

Amendment No. 00021 dated DecemberJune ##20, Australian Requirements Schedule

1. Definitions

For the purposes of this Australian Requirements Schedule:

(a) AAPA means the Aboriginal Areas Protection Authority (a)(b) ACM means asbestos containing material.

(b)(c) Approvals means any licence, permit, consent, approval, determination, certificate, notice or other requirement any authority, body or organisation having any jurisdiction in connection with the Site, the Contractor's Activities or the Works or under any applicable Statutory Requirement, which must be obtained or satisfied to:

(i) carry out the Contractor's Activities or the Works; or

(ii) occupy, use, maintain or operate the completed Works.

(c)(d) Classified Information includes:

(i) any Commonwealth document marked with a national security classification; and

(ii) any information that the Contractor knows or ought to know is subject to, or ought to be treated in accordance with, the provisions of the Defence Security Manual.

(d)(e) Code of Federal Regulations (CFR) means the codification of the general and permanent rules and regulations (administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United StatesU.S. Government.

(e)(f) Code of Practice means a code of practice approved in accordance with the

WHS Legislation.

(f)(g) Commonwealth means the Commonwealth of Australia.

(g)(h) Contamination means the presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.

(i) Contract means the contract awarded under RFP [N62742-20-R-1303#INSERT] between the U.S. Government and the Contractor to perform the construction of the Works.

(j) Contracting Officer has the meaning given in the Contract.

(h)(k) Contractor has the meaning given in the Contract.

(l) Contractor's Activities means all things or tasks which the Contractor is, or may be, required to do to comply with its obligations under the Contract.

(i)(m) Contractor HOTO Obligation means any task, function, requirement or obligation relating to the HOTO Process (including commissioning of the Works) required to be performed by the Contractor under this Contract or which a HOTO Requirement allocates, or would reasonably be inferred as allocating, to

Amendment 0006

Amendment No. 00021 dated DecemberJune ##20, the Contractor, including those that the HOTO Plan and Checklist expressly allocates to the "Contractor Representative" (as that term is used in the HOTO Plan and Checklist).

(j) Dangerous Goods has the meaning given in the Australian Dangerous Goods

Code and Dangerous Goods (Road and Rail Transport) Act (2008). for the Transport of Dangerous Goods by Road and Rail, 7th edition.

(k)(n) Defence means the Commonwealth Department of Defence.

(l)(o) Defence Environmental Requirements means the Defence Environmental

Management System and Defence Environmental Plan applicable to the Site, the Contractor's Activities or the Works, including any procedures, instructions, requirements and standing orders which have been developed or issued under the Defence Environmental Management System or Defence Environmental Plan.

(m)(p) Defence Environmental Management System means the environmental management system applicable to the Site (if any).

(q) Defence Environmental Plan means the environmental plan applicable to the Site

(if any).

(n)(r) Defence PFAS Framework means the Defence PFAS Construction and Maintenance

Framework, version 2.1.

(o)(s) Defence Requirements means include all policies, plans, manuals, guidelines, instructions (including departmental procurement policy instructions) and other Commonwealth or Defence requirements which are, or may become, applicable to the Site, the Contractor's Activities or the Works. To the extent that any of the requirements would require or suggest the insertion of provisions into the Contract, then those provisions will be incorporated by reference into the Contract.

(p)(t) Defence Security Manual is a reference to that document as amended from time to time.

(q)(u) Defense Federal Acquisition Regulation Supplement means the Department of Defense supplement to the Federal Acquisition Regulation (FAR) that contains requirements of U.S. law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and DoD policies/procedures.

(r)(v) DEQMS means the Defence Estate Quality Management System website available at www.defence.gov.au/estatemanagement.

(w) eDEOP 101 means the document titled “Defence Explosive Ordnance Publication (DEOP) 101 - Department of Defence Explosives Regulations” as amended from time to time.

(s)(x) Effective Date means the date shown in Block 31C. AWARD DATE of the Standard Form (SF) 1442, SOLICITATION, OFFER, AND AWARD.

(t)(y) EM 385-1-1 means the latest version of the U.S. Army Corps of Engineers manual in effect on the date the solicitation was issued (refer to Block 3. DATE ISSUED on the SF1442) and prescribing the safety and health requirements for construction contract work.

(u)(z) Environment includes:

(i) ecosystems and their constituent parts, including people and communities;

(ii) natural and physical resources;

(iii) the qualities and characteristics of locations, places and areas; and http://www.defence.gov.au/estatemanagement

Amendment No. 00021 dated DecemberJune ##20,

(iv) the social, economic, aesthetic and cultural aspects of a thing mentioned in paragraphs (i), (ii) or (iii).

(v)(aa) Environmental Clearance Certificate means the Environmental Clearance

Certificate issued by the Commonwealth relating to the Contractor's Activities or the Works and any conditions incorporated in that certificate.

(w)(bb) Environmental Harm means any actual or threatened adverse impact on, or damage to, the Environment.

(x)(cc) Environmental Incident means any Environmental Harm or Contamination arising out of or in connection with the Contractor's Activities or the Works.

(y)(dd) Environmental Requirements includes the:

(i) Environmental Clearance Certificate; and

(ii) Defence Environmental Requirements.

(ee) EO CCC Plan has the meaning given in clause 5.3.

(z)(ff) Federal Acquisition Regulation means the primary document of the United States Government Federal Acquisition Regulations System for the codification and publication of uniform policies and procedures for acquisition.

(aa)(gg) GHS means the Globally Harmonised System of Classification and Labelling of

Chemicals published by the United Nations, Third Revised Edition, as modified by the relevant WHS Legislation.

(hh) (aa) GHS Material means material suspected of containing or likely to contain a substance defined or listed in the GHS.

(bb) Government means the United States Government.

(ii) (cc) GST the tax payable on taxable supplies under the GST Legislation.

(jj) (dd) GST Legislation means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax.

(kk) (ee) Hazardous Chemical has the meaning given in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth) and includes:

(i) prohibited carcinogen, as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth);

(ii) restricted carcinogen, as defined in subregulation 5(1) of the Work

Health and Safety Regulations 2011 (Cth);

(iii) hazardous chemicals the use of which is restricted under regulation 382 of the Work Health and Safety Regulations 2011 (Cth), including polychlorinated biphenyls;

(iv) Schedule 11 Hazardous Chemicals;

(v) hazardous chemicals listed in Table 14.1 of Schedule 14 of the Work

Health and Safety Regulations 2011(Cth);

(vi) Schedule 15 Chemicals; and

(vii) lead as defined in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth).

Amendment No. 00021 dated DecemberJune ##20,

(ll) (ff) Hazardous Substances means Ozone Depleting Substances, Synthetic Greenhouse Gases, Hazardous Chemicals or Dangerous Goods.

(mm) HOTO Plan and Checklist means the worksheets contained within the excel workbook titled "HOTO Plan & Checklist" available at http://defence.gov.au/estatemanagement/lifecycle/PlanHandoverTakeover/Default.as p, as updated, superseded or replaced from time to time.

(nn) HOTO Process means the process for handover and takeover of the Works to the

Contracting Officer and the Commonwealth to enable the occupation, use, operation and maintenance of the Works by the Commonwealth and other users including the:

(i) commissioning of the Works (including the inspection and testing process);

(ii) handover of the Works; and

(iii) occupation, use, operation and maintenance of the Works by the Commonwealth and other users, in accordance with the HOTO Requirements.

(oo) HOTO Requirements means the requirements published on DEQMS in respect of the commissioning, handover and takeover of projects on the Defence Estate, including:

(i) the documents set out at http://defence.gov.au/estatemanagement/lifecycle/PlanHandoverTake over/Default.asp, and all applicable requirements referred to therein;

and

(ii) any other requirement published on DEQMS expressed as applying to the commissioning, handover and takeover of projects on the Defence Estate, each as updated, superseded or replaced from time to time.

(pp) (gg) NATA means National Association of Testing Authorities Australia.

(qq) (hh) MFPE means the Defence Manual of Fire Protection Engineering, as that document is amended from time to time.

(ii)(rr) National Construction Code means the National Construction Code that applies in the Northern Territory, as amended from time to time, produced and maintained by the Australian Building Codes Board on behalf of the Commonwealth Ggovernment and each Australian State and Territory Ggovernment.

(ss) (jj) Ozone Depleting Substance means any substance identified as having ozone depleting potential in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) or any regulations made under that Act.

(tt) (kk) Other Contractor means any other contractor, consultant, artist, tradesperson or other person engaged to do work at or in the vicinity of the Site other than the Contractor and its subcontractors.

(uu) (ll) PFAS means per- and poly-fluoroalkyl substances.

(vv) PFAS Management Area Plan means the Management Area Plan for RAAF Base

Tindal.

http://defence.gov.au/estatemanagement/lifecycle/PlanHandoverTakeover/Default.asp http://defence.gov.au/estatemanagement/lifecycle/PlanHandoverTakeover/Default.asp

Amendment No. 00021 dated DecemberJune ##20,

(ww) (mm) Plant, Equipment and Work means those things used, or work undertaken, by the Contractor to construct the Works but which will not form part of the Works.

(xx) (nn) Project Documents includes:

(i) Design documentation (shop drawings), Project Plans;

(ii) Approvals;

(iii) any other data, documents, drawings, records, information, and material produced or provided (or required to be provided) to the Contracting Officer, under or in connection with the Contract, the Contractor's Activities or the Works by, for or on behalf of the Contractor (including by subcontractors); and

(iv) all material at any time derived (under or in connection with the Contract, the Contractor's Activities or the Works) from, or based on, the material described in subparagraphs (i) and (iii).

(yy) Project Lifecycle and HOTO Plan means the plan prepared by the Contractor in accordance with, and for the purposes of, the HOTO Requirements and finalised under clause 4.2, which must:

(i) be prepared in accordance with the HOTO Plan and Checklist;

(ii) meet all applicable HOTO Requirements and Statutory Requirements;

(iii) include any other matters required by:

A. the Contract; or

B. the Contracting Officer or the Commonwealth.

(zz) (oo) Project Plans (also referred to in the Contract as Outline Project Plans) means the Commissioning and Handover Plan, Environmental Management Plan, Project Lifecycle and HOTO Plan, Site Management Plan, and Work Health and Safety Management Plan and (where required under clause 5.3) the EO CCC Plan.

(aaa) (pp) Request for Information is a written request for information submitted by the Contractor to the Contracting Officer. NAVFAC form is available from the Contracting Officer.

(bbb) (qq) Schedule 11 Hazardous Chemical has the meaning given in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth).

(ccc) (rr) Schedule 15 Chemical has the meaning given in subregulation 5(1) of the Work Health and Safety Regulations 2011 (Cth).

(ddd) (ss) Site means the site or sites for the Works as set out in the Contract.

(eee) (tt) Smart Infrastructure HandbookManual means the Defence Smart

Infrastructure Manual Handbook: Planning, Design and Construction available on DEQMS, as amended from time to time.

(fff) (uu) Statutory Requirements means:

(i) any law applicable to the Contractor's Activities or the Works (including

Acts, ordinances, regulations, by-laws and other subordinate legislation) including those of the Commonwealth and the Northern Territory;

Amendment No. 00021 dated DecemberJune ##20,

(ii) Approvals (including any condition or requirement under an Approval);

(iii) Defence Requirements; and

(iv) Environment Requirements.

(bb)(ggg) Synthetic Greenhouse Gas means any gas identified as a Synthetic Greenhouse

Gas in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) or in any regulations made under that Act.

Amendment No. 00021 dated DecemberJune ##20, (hhh) U.S. Government means the federal government of the United States.

(iii) (ww) WHS Legislation means:

(i) Work Health and Safety (National Uniform Legislation) Act 2011 (NT) and Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT);

(ii) Work Health and Safety Act 2011 (Cth) and Work Health and

Safety Regulations 2011 (Cth); and

(iii) any other legislation and Codes of Practice in the Northern Territory addressing work health and safety.

(xx)(jjj) Work Health and Safety Plan is

(i) included as part of the Accident Prevention Plan submitted in accordance with Section 01 35 26 Government Safety Requirements and refers to Australian safety requirements in addition to those in the Contract; and

(ii) prepared by the Contractor and finalised under paragraph 5.2 of this

Australian Requirements Schedule which must set out in adequate detail the procedures the Contractor will implement to manage the Contractor's Activities and the Works from a work health and safety perspective to ensure compliance with all Statutory Requirements (including the WHS Legislation).

(kkk) (yy) Works means the physical work, which the Contractor must (to the extent required by the Contract), design, construct, commission, complete and hand over in accordance with the Contract.

2. Statutory Requirements

Pursuant to Document 00700, Contract Clauses, Division 01 Specification Section 01 11 00 Paragraph 1.1, FAR 52.236-7, and DFARS 252.225-7042, the Contractor must:

(a) comply with all applicable Statutory

Requirements; without limiting paragraph (a):

(b) apply for and obtain all Approvals;

(c) give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; and

(i)(d) promptly give the Contracting Officer copies of all documents (including Approvals and other notices) that any authority, body, or organisation having jurisdiction over the Site, the Contractor's Activities or the Works issues to the Contractor.

3. Environmental Requirements

The Contractor must:

(a) ensure that in carrying out the Contractor's Activities:

(i) it complies with Statutory Requirements for the protection of the Environment;

Amendment No. 00021 dated DecemberJune ##20,

(ii) it does not cause or contribute to any Environmental Incident;

(iii) without limiting subparagraph (ii), it does not cause or contribute to Contamination of the Site or any other land, air or water or cause or contribute to any Contamination emanating from the Site;

(iv) it immediately notifies the Contracting Officer of:

A. any non-compliance with the requirements of this paragraph 3;

B. any breach of a Statutory Requirement for the protection of the Environment;

C. any Environmental Incident; or

D. the receipt of any notice, order or communication received from an authority for the protection of the Environment;

(v) its subcontractors comply with the requirements in this paragraph 3; and

(b) clean up and restore the Environment, including any Contamination or Environmental Harm, arising out of or in connection with, the Contractor's Activities or the Works, whether or not it has complied with all Statutory Requirements and other requirements of the Contract for the protection of the Environment.

(c) The Contractor must develop a Construction Environmental Management Plan that provides environmental management direction for the duration of the project. The Construction Environmental Management Plan will identify objects, targets and corrective actions to be met by the Project during construction. The Construction Environmental Management Plan will include supporting documents, procedures and sub-plans that clearly define how Project environmental risks will be managed, including but not limited to:

(i) Avoid, minimize, and mitigate the extent of native vegetation impact during construction

(ii) Erosion and sediment control sub-plan

(iii) Pollution and prevention and spill response procedures

(iv) Contaminated soil management sub-plan

(v) Flora and Fauna management sub-plan

(vi) Weed management procedures

(vii) Heritage management procedures

(viii) Traffic management

(ix) Noise management

(x) Waste management and recycling

(xi) Compliance monitoring and reporting

(b)(d) The Project Environmental Management Plan must be submitted and approved by Australian Defence prior to works commencing.

4. Project Plans

4.1 Contents of Project Plans

Each Project Plan must set out in adequate detail the following:

(a) the procedure for preparing (including tailoring) and finalising the Project

Amendment No. 00021 dated DecemberJune ##20, Plans under Paragraph 4.2;

(b) the procedure for regularly reviewing, updating and amending the Project Plan under Paragraph 4.2;

(c) the procedure for ensuring subcontractor compliance with the Project Plans;

(d) the procedure for regularly auditing or other monitoring of Contractor and subcontractor compliance with the Project Plan; and

4.2 Preparation of Project Plans

4.2.1 The Contractor:

(a) must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and

(b) for the purposes of paragraph (a), must:

(i) prepare Project Plans in accordance with the requirements of the

Contract and this Australian Requirements Schedule and submit them to the Contracting Officer for review in accordance with the Contract;

(ii) submit Project Plan information included in or supplement to the relevant required submittals identified in the Contract Division 01 specifications including, but not limited to, 01 35 26 Accident Prevention Plan, 01 57 19 Environmental Protection Plan, 01 74 19 Waste Management Plan, 01 78 00 Warranty Management Plan;

(iii) not commence any of the Contractor's Activities to which any Project

Plan applies until Contracting Officer Approval is obtained and all other preconstruction requirements per Contract are satisfied;

(iv) if any Project Plan is rejected, submit an amended Project Plan to the Contracting Officer whereupon subparagraphs (i) to (iv) will reapply;

(v) after each Project Plan has been approved:

A. regularly review, update and amend each Project Plan and otherwise at least on each anniversary of the Effective Date;

B. update or amend a Project Plan on request of the

Contracting Officer; and

C. continue to correct any defects in or omissions from a Project Plan (whether identified by the Contracting Officer or the Contractor), and submit an updated or amended Project Plan to the Contracting Officer, after which:

D. the Contractor must continue to comply with the requirements of the then current Project Plan until the process in this paragraph (b) has been completed in respect of the updated or amended Project Plan; and

E. subparagraphs (i) to (iv) will apply (to the extent applicable); and

Amendment No. 00021 dated DecemberJune ##20,

(c) The Contractor will not be relieved from compliance with any of its obligations under this contract (including this Australian Requirements Schedule) or otherwise at law or in equity, as a result of:

(i) the implementation of, and compliance with, the requirements of any Project Plan;

(ii) any direction by the Contracting Officer to update, amend, modify or otherwise implement and comply with a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; and

(iii) any failure by the Contracting Officer , to detect any defect in or omission from a Project Plan.

5. Safety Requirements

5.1 Work Health and Safety

(a) Without limiting the Contractor’s obligation under the Contract to comply with EM 385-1-1, Division 01 Specification Section 01 35 26 Governmental Safety Requirements, 29 CFR 1910 Occupational Safety and Health Standards, the Contractor shall:

(i) ensure that in carrying out the Contractor's Activities:

A. it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety; and

B. it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter;

(ii) Where more stringent safety and occupational health standards are set forth in these Australian requirements and regulations and it satisfies the U.S. safety requirements, the Australian standards shall apply.

(b) without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, notify the Contracting Officer:

(i) in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring);

(ii) in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and

(iii) in respect of all other work health and safety matters arising out of or in connection with the Contractor's Activities and the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) or (ii)), by a monthly report;

(c) for the purposes of paragraph (b), in respect of any notifiable incident:

(i) immediately provide the Contracting Officer and Commonwealth with a copy of the notice required to be provided to the relevant Commonwealth

Amendment No. 00021 dated DecemberJune ##20, or Northern Territory regulator;

(ii) promptly provide the Contracting Officer and Commonwealth with a copy of all witness statements and the investigation report relating to the notifiable incident;

(iii) promptly provide the Contracting Officer and Commonwealth with copies of any notice(s) or other documentation issued by the relevant Commonwealth or Northern Territory regulator; and

(iv) within 10 days of the date of notification to the relevant Commonwealth or Northern Territory regulator, provide the Contracting Officer with a summary of the related investigations, actions to be taken and any impact on the Contract that may result from the notifiable incident;

(d) institute systems to:

(i) obtain regular written assurances from each Other Contractor and subcontractor about their ongoing compliance with the WHS Legislation;

(ii) provide, in a format approved by the Contracting Officer, the written assurances regarding the Contractor's ongoing compliance with the WHS Legislation:

A. on a monthly basis; and

B. as otherwise directed by the Contracting Officer;

(e) provide the written assurances obtained under paragraph (d) to the Contracting Officer in accordance with paragraph (d);

(f) without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, within 10 days of receipt provide to the Contracting Officer copies of:

(i) all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Contractor or subcontractor relating to work health and safety matters;

(ii) all formal notices issued by a health and safety representative of the

Contractor or subcontractor under or in compliance with the applicable WHS Legislation; and

(iii) all formal notices, written communications and written undertakings given by the Contractor or subcontractor to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in connection with the Contractor's Activities or the Works;

(g) exercise a duty of the utmost good faith in carrying out the Contractor's Activities and discharging its duties under the WHS Legislation;

(h) ensure all subcontracts include provisions equivalent to the obligations of the Contractor in this paragraph 5.1;

(i) ensure that, if the Statutory Requirement requires that:

(i) a person:

A. be authorised or licensed (in accordance with the WHS

Amendment No. 00021 dated DecemberJune ##20, Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; and

B. has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or

(ii) a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed;

(iii) However, refer to “The Force Posture Agreement Between the

Government of the United States of America and the Government of Australia”, Article XI, paragraph 3.

(j) not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (i) are met;

(k) without limiting the Contractor's obligations under the Contract (including paragraph

(c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Contracting Officer, provide all information or copies of documentation held by the Contractor or a subcontractor to enable NAVFAC to comply with its obligations under the WHS Legislation;

(l) if requested by the Contracting Officer or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, registrations, prescribed qualifications or experience, or any other information relevant to work health and safety to the satisfaction of the Contracting Officer before the Contractor or any subcontractor commences such work;

(m) where the Contractor is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, provide to the Contracting Officer as a condition precedent to completion of the Works and before the expiry of any defects liability period (however described) specified in the Contract information concerning:

(i) the purpose for which any plant, structure or substance (as defined in the

WHS Legislation) has been designed or manufactured;

(ii) the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in subparagraph (i) (and the risks to the health and safety of persons);

(iii) any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured;

(n) if the Contractor is responsible for any design, ensure its design documentation eliminates or minimises the need for any hazardous manual tasks to be carried out in connection with a plant or structure;

(o) not use asbestos or ACM in carrying out the Contractor's Activities;

(p) not use, install or incorporate asbestos or ACM into the Works;

(q) provide a certificate to the Contracting Officer in a form satisfactory to the

Contracting Officer as a condition precedent to completion of the Works which states that:

Amendment No. 00021 dated DecemberJune ##20,

(i) all materials, goods, products, equipment and plant (including any imported materials, goods, products, equipment and plant) used, installed or incorporated into the Works are entirely (meaning 100%) free of asbestos and ACM; and

(ii) the Contractor has otherwise complied with all Statutory Requirements in relation to asbestos and ACM in carrying out the Contractor's Activities and the Works;

(r) without limiting paragraph (q), if any imported materials, goods, products, equipment and plant have or has been used, installed or incorporated into the Works, the Contractor must provide to the Contracting Officer as a condition precedent to completion of the Works:

(i) sample test reports; and

(ii) test report information, in the form of an analysis certificate from a NATA accredited laboratory or an equivalent international laboratory (listed at the NATA website) accredited for the relevant test method,

(s) in relation to the imported materials, goods, products, equipment or plant which have or has been used, installed or incorporated into the Works; and

(t) if the Contractor is a designer of a structure or part of a structure for the purposes of the WHS Legislation, the Contractor must provide to the Contracting Officer, with each submission of design documentation under the Contract, a written report that specifies the hazard relating to the design of the structure (or part) which, as far as the Contractor is reasonably aware:

(i) create a risk to health or safety to those carrying out construction work on the structure (or part); and

(ii) are associated only with the particular design.

5.2 Work Health and Safety Plan

(a) Without limiting its obligations under the Contract, the Contractor must:

(i) prepare a Work Health and Safety Plan in accordance with the requirements in the Contract and submit it to the Contracting Officer so as to ensure there is no delay or disruption to the Contractor's Activities;

(ii) if the Work Health and Safety Plan is rejected by the Contracting Officer, submit an amended Work Health and Safety Plan to the Contracting Officer;

(iii) in any event, finalise the Work Health and Safety Plan in accordance with the requirements of the Contract to the satisfaction of the Contracting Officer;

(iv) carry out the Contractor's Activities in accordance with, and otherwise implement, the Work Health and Safety Plan; and

(v) after the Work Health and Safety Plan has been finalised:

A. regularly review, update and amend the Work Health and Safety Plan in accordance with the process set out in the Work Health and Safety Plan;

Amendment No. 00021 dated DecemberJune ##20, B. update or amend the Work Health and Safety Plan on request of the Contracting Officer; and

C. submit any updated or amended Work Health and Safety Plan prepared under subparagraphs B or C to the Contracting Officer and finalise the updated or amended Work Health and Safety Plan to the satisfaction of the Contracting Officer.

(b) The Work Health and Safety Plan must address, at a minimum:

(i) the names, positions and responsibilities of all persons at the workplace whose positions or roles involve specific health and safety responsibilities in connection with the Contractor's Activities and the

(ii) the arrangements in place, or to be implemented, between any persons conducting a business or undertaking at the workplace where the Contractor's Activities and the Works are being undertaken;

(iii) the arrangements in place, or to be implemented, for managing any work health and safety incidents that occur at a workplace where the Contractor's Activities and the Works are carried out, including:

A. incident (including notifiable incident) reporting procedures;

B. preventative and corrective action procedures; and

C. record-keeping and reporting requirements, including reporting to the Contracting Officer with respect to incidents and accidents under paragraph 5.1 of this Australian Requirements Schedule;

(iv) any Site-specific health and safety rules, and the arrangements for ensuring that all persons at the workplace are informed of these rules;

(v) the arrangements for the collection and recording, and any assessment, monitoring and review of safe work method statements at the workplace;

(vi) procedures and arrangements for the management of work health and safety generally, including:

A. details of the Contractor's work health and safety policy;

B. details of any work health and safety management system (whether certified or uncertified), including procedures for managing work health and safety disputes;

C. inductions, training and other awareness programmes regarding work health and safety and any workplace specific work health and safety induction, training and other awareness programmes; and

D. emergency procedures, emergency management planning, the use of emergency equipment and the establishment of workplace specific first aid facilities;

(vii) procedures for ensuring the provision of written assurances to the

Contracting Officer under paragraph 5.1(d) of this Australian Requirements Schedule regarding compliance with the WHS Legislation by the Contractor, subcontractors and Other Contractors;

Amendment No. 00021 dated DecemberJune ##20,

(viii) procedures for the preparation, finalisation and regular reviewing of the

Work Health and Safety Plan under paragraph 5.2 of this Australian Requirements Schedule (including as a consequence of any review of hazards, risks and control measures regarding the Contractor's Activities, the Works and any notifiable incident or systemic risk management failure);

(ix) procedures for the management of subcontractors, including:

A. inductions, training and other awareness programmes;

B. the subcontractor's development and provision of safe work method statements, job safety assessments or equivalent documentation;

C. ensuring subcontractors comply with their obligation to consult, cooperate and coordinate activities (including the information-sharing and communication of information); and

D. ensuring subcontractor compliance with the Work Health and

Safety Plan;

(x) the approach to the management of project (and Contract) hazards and risks including how the Contractor will identify hazards and eliminate or minimise risks arising from those hazards so far as is reasonably practicable:

A. prior to commencing the Contractor's Activities and the

Works; and

B. during the Contractor's Activities and the Works;

(xi) the actions the Contractor will take to proactively identify and manage risks to ensure it avoids systematic work health and safety risk management failures occurring during the Contractor's Activities and the

(xii) the procedures the Contractor will adopt to audit or otherwise monitor and verify its (and its subcontractors') compliance with the Work Health and Safety Plan and the WHS Legislation (including details of the regularity, form and content of such audit, monitoring and verification activities);

(xiii) the procedures the Contractor will adopt to ensure it provides to

NAVFAC, when conducting handover and takeover activities, all information regarding hazards and risks present in or arising out of or in connection with the use of the Works including for the purpose for which they were designed or manufactured (including the supply of information in accordance with paragraph 5.1(m)) of this Australian Requirements Schedule;

(xiv) the approach the Contractor will adopt in identifying, controlling and managing work health and safety hazards and risks concerning (as applicable):

A. Hazardous Substances, including, where Hazardous

Substances are used or handled in the Contractor's Activities, incorporated into the Works, stored by the Contractor at the workplace or transported by the Contractor to or from the workplace (including whilst transporting on, into or from

Amendment No. 00021 dated DecemberJune ##20, Commonwealth premises); and

B. fall hazards, telecommunications towers, demolition, disturbance or removal of asbestos, structural alterations requiring temporary supports, confined spaces, excavation deeper than 1.5 metres, tunnels, use of explosives, pressurised gas distribution mains and consumer piping;

chemical, fuel or refrigerant lines, electrical work, including involving energised electrical installations and services, hazardous atmospheres, tilt-up and precast concrete.

roadways or railways used by road or rail traffic, movement of powered mobile plant, artificial extremes of temperature;

water or other liquids where there is a risk of drowning, diving, remote or isolated work, above-standard exposure to noise exposure to falling objects and abrasive blasting; and

(xv) any other matters required by the Contract or the Contracting Officer.

(c) The Contractor will not be relieved from compliance with any of its obligations under the Contract (including this Australian Requirements Schedule) or otherwise at law or in equity as a result of:

(i) the implementation of and compliance with the requirements of the Work

Health and Safety Plan;

(ii) any comment or direction in relation to the Work Health and Safety Plan by the Contracting Officer; or

(iii) any failure by the Contracting Officer to detect any defect in or omission from the Work Health and Safety Plan.

5.3 Explosive Ordnance Consultation, Coordination and Cooperation

(a) The Contractor acknowledges and agrees that:

(…