PWS-Falcon Penstock2 Gate Repairs 07_09_21.pdf

International Boundary and Water Commission United States and Mexico United States Section Operations and Maintenance Division

International Boundary and Water Commission United States and Mexico United States Section

Front Cover

Performance Work Statement (PWS) Falcon Power Plant Penstock Gates Maintenance and Repairs Starr County, Texas

Solicitation

June 2021

USIBWC Falcon Power Plant

February 2021 Performance Work Statement USIBWC Solicitation Page-2 of 16

SECTION 1

PROJECT SPECIFIC INFORMATION

1.1 Project Overview

The United States Section of the International Boundary and Water Commission (USIBWC) requires inspection, maintenance, and repairs on two (2) penstock gates at the Falcon Power Plant located at FM2098, 1 Reservoir Rd., Falcon Heights, Texas 78545.

1.2 General

This is a non-personnel services Contract to provide inspection, maintenance, and repairs on penstock gates #2 and #3. The Government shall not exercise any supervision or control over the Contract service providers performing the services herein. Such Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.3 Description of Services

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision necessary to perform the work as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.4 Objective

A. To provide inspection, maintenance, and repair services on two (2) penstock gates to meet the power plant operations and maintenance requirements. USIBWC requests that the Contractor provide pricing for all items listed below. The work will be performed in two phases, with work on Penstock #2 to be performed in Phase 1 and work on Penstock #3 to be performed in Phase 2.

Phase 2 will be an option that can be exercised subject to availability of funds.

1. Cleaning and Surface Preparation

a. The Contractor shall provide a comprehensive cleaning reconditioning to include the removal of old grease, surface rust, and old paint.

2. Inspection

a. The Contractor shall perform a comprehensive Hydraulic Structural Streel inspection of the penstock gate and perform nondestructive testing (NDT).

3. Repairs

a. The Contractor shall provide, remove, install all broken guides and rubber seals on the penstock gate. In addition, remove existing cathodic anode equipment and replace with new cathodic anode equipment mounted on the gate.

4. Painting

a. The Contractor shall paint the penstock gate and provide functional testing of the equipment prior to returning to service.

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1.5 Project Location

A. USIBWC Falcon Power Plant is located at FM2098, 1 Reservoir Rd., Falcon Heights, Texas 78545.

B. The work is located completely within the United States but is adjacent to the international border with Mexico.

C. Access to the Falcon Power Plant requires crossing through the United States Port of Entry and complying with proper documentation (passports or other) as required by U.S. Customs and Border Protection officials.

1.6 Period of Performance

A. The Period of Performance will be within the period of low water demand during which time a generation unit can be shut down and is as follows:

1. Phase 1- Penstock Gate #2 Maintenance and Repairs: October 2021- March 2022

2. Phase 2- Penstock Gate #3 Maintenance and Repairs: October 2022- March 2023

1.7 Investigation of Site Conditions

A. Contractors are encouraged to attend an agency organized site visit. Site visits may be scheduled by contacting Edi Delgado at 956-848-5211 or Edi.Delgado@ibwc.gov. While attending the site visit all contractors must adhere to COVID-19 requirements for social distancing and the use of personal protective equipment (PPE) (i.e. mask and gloves). Contractors will not be permitted access to IBWC facilities without proper PPE. Virtual site visits (video/photographs) are not permitted.

B. Submission of a quote shall be conclusive evidence that the Contractor has reviewed, investigated, and acknowledged all items below.

1. Conditions bearing upon transportation, disposal, handling, and storage of materials.

2. The availability of labor, water, electric power, and roads.

3. Uncertainties of weather and similar physical conditions at the site.

4. The conformation and conditions of the ground.

5. The character of equipment and facilities needed preliminary to and during work performance.

C. Submission of a quote shall be conclusive evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, the character, quality, and work to be performed, and the quantities of materials to be furnished.

D. Submission of a quote constitutes agreement that Contractor has provided written notice of all conflicts, errors, ambiguities, and discrepancies discovered in PWS, that responses to these written notices are acceptable to Contractor, and that PWS is enough to indicate and convey understanding of all terms and conditions for performing and furnishing required work.

E. Contractor has the sole responsibility to make such independent investigation and examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to complete the work in accordance with the PWS.

F. The Government assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the

USIBWC Solicitation Page-4 of 16 execution of this Contract, unless that understanding, or representation is expressly stated in this Contract.

G. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

1.8 Duty to Inquire

A. Contractor shall review the full PWS.

B. If during review of these items, the Contractor finds discrepancies, omissions, conflicts, defects, errors, or ambiguities, they have a duty to inquire and shall notify the Contracting Officer prior to the question submission deadline as established in the solicitation. The Contractor shall also inquire about items that are unclear or open to interpretation.

C. The Contractor shall take no advantage of any item of which they have a duty to inquire.

1.9 Work Restrictions

A. The Contractor is responsible for conducting business between the hours of 7:00 AM thru 4:30 PM, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

B. The Contractor may request different working hours and must submit in writing to the Contracting Officer (CO). The USIBWC may be unable to accommodate different working hours.

1.10 Department of Homeland Security

In any event the staff of the US Department of Homeland Security (DHS, also known as US Customs and Border Protection or CBP) alerts and directs any field crews to stop work for any security reasons in the area, the Contractor shall consider this as top priority and fully cooperate with the directions of DHS at all times until the security alert is cleared by the DHS. In addition, the Contractor shall contact and coordinate with the CO and Contracting Officer Representative (COR) for any additional steps to be taken during and after the security alert.

SECTION 2

PROJECT REQUIREMENTS

2.1 General

A. The penstock intake gate system requires the following:

1. Comprehensive cleaning and reconditioning to include the removal of old grease, surface rust, and old paint.

2. Comprehensive Hydraulic Structural Streel inspection of the penstock gate.

3. Comprehensive hydraulic inspection includes provide hydraulic parts, remove damaged parts, and install new parts for the hydraulic cylinder system in the penstock gate.

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4. Contractor must provide, remove, and install all broken guides that need to be replaced, which includes springs, bolts, nuts, and rubber seals on penstock gate. Also, Contractor must remove existing cathodic anode equipment and install new Cathodic Anode Equipment mounted on the penstock gate.

5. Contractor shall sandblast penstock gate and install new epoxy paint on the gate.

6. Perform non-destructive test (NDT) performed by Certified Inspector, and functional test of the current main equipment prior to returning to service.

B. The Contractor shall submit a project schedule to be reviewed and approved by the Power Plant Superintendent.

C. The Contractor shall furnish in writing a work plan outlining the procedures proposed for the work and a list of materials including name of manufacturer, pertinent product identification names and numbers, and product data sheets. The plan shall be provided to the COR for review and approval within 14 days of contract award and prior to beginning the work.

D. The Contractor shall provide a screening list to perform a start/final inspection of the penstock gate.

E. The Contractor must follow the latest standards to repair and perform Hydraulic Structural Steel inspection/test on the gates. United States Army Corps of Engineers (USACE), Environmental Protection Agency (EPA), National Hydropower Association, and other safety agencies.

F. Contractor shall provide a draft Hydraulic Structural Steel Inspection Report 10 working days after the inspection is completed, and a Final Report after the project is completed. The report shall include results of the Hydraulic Structural Steel Inspection, documentation of the maintenance and repair activities, maintenance recommendations, photos, videos, and supporting documentation.

G. The Contractor shall provide and install hardware including but not limited to leaf springs, bolts, nuts, rubber seals, cathodic anodes and any other item required to complete the corrective maintenance for the penstock gate.

H. The Contractor shall provide and install hardware, rubber seals, and any other items required to complete the inspection and repair for the Hydraulic Cylinder System.

I. USIBWC will provide a 45-ton overhead roadway crane and crane operator to perform this project due to difficulties (unsafe) and lack of space to install a private mobile crane on the roadway bridge.

J. The Contractor shall provide detailed cost breakdown to include all equipment, supplies, and service required to provide maintenance and repairs.

K. The Contractor shall submit a Job Safety Analysis (JSA) Form filled out to be reviewed by Power Plant Personnel.

L. Conduct a Safety Meeting with all the personnel involved in the project and Power Plant Personnel prior to starting the project. In addition, daily safety meetings shall be conducted at the start of each work day.

2.2 Surface Preparation and Painting

A. Surfaces to be painted shall be cleaned before applying paint or surface treatments. The Contractor shall remove deposits of grease or oil in accordance with the Society for Protective Coatings (SSPC) SP 1, prior to further cleaning. Solvent cleaning shall be accomplished with mineral spirits or other low toxicity. Items that are not to be coated shall be protected from damage.

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B. Surfaces to be painted shall be cleaned to near white blast in accordance with SSPC-SP 10 National Association of Corrosion Engineering (NACE) NACE No. 2.

C. The Contractor shall comply with all aspects of OSHA 29 CFR 1926.62 “Lead in Construction Regulations” with regards to disturbance of the lead-based paint materials when performing their Work.

D. The Contractor shall be responsible for segregating, containerizing, temporary storage, loading, transportation, and disposal of all hazardous and non-hazardous waste materials generated during paint removal activities in accordance with Federal, State of Texas, and local regulations.

E. New primer shall be alkyd based and rust inhibitive. Primer shall be lead and chromate free.

F. New paint shall be lead free and shall be TT-E-489 Class A or equivalent.

G. The Contractor shall have a certified paint inspector onsite during all work phases. The inspector shall inspect and document all work phases and operations on a daily basis.

2.3 Clean-Up and Disposal of Waste Materials

A. The Contractor shall be responsible for the cleanup and disposal of waste materials and rubbish from the site, field office(s), and staging area(s).

B. The disposal of waste materials and rubbish shall be in accordance with applicable Federal, state, and local laws and regulations and with the requirements in this Contract. Should a conflict exist in the requirements for cleanup and disposal of waste materials, the most stringent requirements shall apply.

1. All waste unless otherwise noted in these specifications shall be disposed of at a licensed landfill or waste disposal facility.

2. Recyclables

a. The Contractor shall dispose of recyclable and reusable products through waste disposal only as a last option.

b. Scrap metal shall be donated or sold to scrap dealers or recycle centers whenever possible.

C. No excess materials shall be deposited within Government property, unless compliance confirmed by the Government.

D. The Contractor shall maintain work and storage areas free from accumulations of waste materials and rubbish and before completing the work, shall remove all temporary facilities, including, buildings, unused materials, concrete forms, and other like materials, which are not a part of the permanent work.

2.4 Testing and Training

The Contractor shall provide nondestructive testing (NDT) and functional testing of the gate prior to project acceptance. The NDT shall be performed by certified inspector, and functional testing shall be observed by the COR for verification and approval.

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2.5 Warranty

A. Warranties shall be provided in accordance with FAR 52.212-4(o).

B. The Contractor shall warrant that work performed under this PWS conforms to the Contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier for a period of at least three (3) years.

1. The Contractor is responsible for providing warranties on items when the manufacturer's warranty is less than the time indicated in Paragraph 2.5C or when the manufacturer's warranty does not cover full repair and/or replacement as appropriate.

C. The Contractor shall obtain warranties from responsible subcontractors, suppliers, and manufacturers, within sixty (60) days after completion of the applicable item of work, but no later than the date of warranty commencement.

D. Starting date of warranty is date of date of Government acceptance of the work.

E. A warranty requires that if a warranted item fails to meet Contract requirements, it shall be repaired, replaced, or have other remedial actions taken to bring the item into compliance with the Contract requirements. Any item damaged due to failure or malfunction of item warranted under this Contract shall be repaired or replaced at no cost to the Government.

F. The Contractor shall supply the CO with a telephone number, mailing address, email address, and contact name for the point of contact for any required warranty work.

SECTION 3

EXISTING CONDITIONS

3.1 General

A. There are three Penstock intake gates (one per unit) at the Falcon Power Plant. The gates are roller gates affixed to a large vertical hydraulic cylinder. The gate hydraulic system is original, and the last rehabilitation on gates #2 and #3 was performed in 1985. The last rehabilitation on penstock gate #1 was performed in 2020. The rehab consisted of sand-blasting and painting of the gates and cylinder. The age of the gate seals is unknown. There are numerous micro-leaks in the hydraulic power units and controls. There is prevalent corrosion on the penstock gates #2 and #3, but it appears to be mostly superficial. The gate seals provided an 80% to 90% seal. Leakage is located at the seal and not the gate structure.

3.2 Government Furnished Utilities

A. The Government will not be furnishing any utilities for this project including, but not limited to electricity, telephone, sewer, and natural gas.

3.3 Use of Government Land

A. USIBWC property is available for use as the Contractor's staging and/or storage areas, subject to the approval of the COR. The Contractor shall preserve and protect existing features, trees, and vegetation to the maximum extent practicable.

B. Housing for Contractor personnel will not be permitted on Government land.

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3.4 Hazardous Materials

A. The Contractor is responsible for evaluating the existing systems to determine the presence of lead or asbestos-containing materials.

B. The Contractor shall provide a finding report to the COR to include a plan for handling and proper disposal of lead and/or asbestos-containing materials prior to the removal of the existing systems.

SECTION 4

QUALITY REQUIREMENTS

4.1 Common Product Requirements

A. Materials Certification The Contractor shall submit a materials certification package to COR which contains a checklist and supporting documentation for all materials used on the project. The supporting documentation shall consist of a summary of all documentation practices utilized for material acceptance and explanations of any deficiencies noted on the checklist.

1. Material certifications shall ensure that all items meet the Buy American Act (41 USC 10a -

10d).

B. Source Control

1. The Contractor shall use only materials that meet the Contract requirements.

2. Unless otherwise specified or compliance confirmed, the Contractor shall use new materials for the work. Material can be reused onsite upon written approval of COR.

3. All materials installed shall be free of defects.

4. The Contractor shall secure the Government’s compliance confirmation of the proposed source of materials to be used before their delivery.

C. Quality Control / Quality Assurance of Materials

1. Source Limitations

To the greatest extent possible for each item of work, the Contractor shall provide materials of a singular generic kind from a single source.

2. Compatibility of Options Where more than one choice is available as options for Contractor's selection of a product, material, or equipment, the Contractor shall select an option which is compatible with other products, materials, or equipment. Compatibility is a basic general requirement of product, material, and equipment selections.

3. Field Measurements Verify field measurements, lines, grades, locations, and details at the jobsite prior to fabrication. It shall be the Contractor's responsibility to conform to and satisfy actual field conditions, for accuracy of dimensions, proper fit, and for adequacy of use intended.

4. The Contractor shall correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. The Contractor shall reimburse the Government for cost incurred if additional quality assurance sampling and testing is required by a change of source.

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5. Materials not meeting Contract requirements will be rejected, unless the Government approves corrective actions in writing. Upon rejection, the Contractor shall immediately remove and replace rejected materials. Should the Contractor fail to comply with the removal of rejected materials, the Government may remove and replace defective material and the cost of testing, removal, and replacement will be deducted from the Contractor’s final payment.

D. Hazardous Materials The Contractor shall use materials that are free of hazardous materials. The Contractor shall notify the Government immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the Government may contain hazardous materials.

E. Surplus Materials

1. The Contractor shall take ownership of surplus materials unless otherwise indicated in the

Contract documents.

2. The Contractor shall remove and dispose of materials in accordance with Paragraph 2.2 If requested or otherwise noted in these specifications, the Contractor shall provide an appropriate level of documentation to verify proper disposal.

F. Storage and Protection

1. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area to minimize waste due to excessive materials handling and misapplication.

2. Store and protect products in accordance with manufacturers' instructions.

3. Store with seals and labels intact and legible.

4. Prevent contact with material that may cause corrosion, discoloration, or staining.

5. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.

6. The Contractor shall store and handle materials to preserve their quality and fitness for the work and shall store materials so that they can be easily inspected and retested. When required by the Government, the Contractor shall protect the material with cover, on wooden platforms, or on other hard, clean surfaces as necessary.

4.2 Qualifications and Certifications

A. All Contractors that perform surface preparation, lead abatement or coating application shall be certified by the Society for Protective Coatings (formerly Steel Structures Painting Council) (SSPC) to the requirements of SSPC QP 1 and QP 2 prior to contract award, and shall remain certified while accomplishing any surface preparation, lead abatement or coating application. The Contractor must remain so certified for the duration of the project.

B. Coating inspectors shall be qualified to SSPC 1 level III inspector or SSPC 1 Level II under the supervision of SSPC 1 level III inspector. Alternatively, a coating inspector may be NACE Level 3 certified coating inspector or a NACE Level 2 certified coating inspector under the supervision of a NACE Level 3 certified coating inspector.

C. Coating Application Specialists shall be certified to SSPC or the equivalent NACE standard for coating applicators.

D. The Contractor shall submit all certificates and qualification documents with the offer for evaluation and approval by the government prior to contract award.

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SECTION 5

DELIVERABLES

5.1 General

A. Deliverables include, but are not limited to:

1. Project Schedule

a. Project Schedule is to be delivered to COR within seven (7) Calendar Days of contract award.

2. Licenses and Certifications

a. The Contractor shall submit to the COR all Licenses and Certifications to perform this type of work.

3. Material and Product Submittals

a. The Contractor shall provide a list of materials used to perform the work and shall submit manufacturers’ specifications and recommendations for approval by USIBWC prior to purchase.

4. Work Plan

a. The Contractor shall provide to the COR a plan outlining the procedures to perform the work with minor interruption to the power plant’s daily operations.

b. The Contractor shall provide a screening list to perform a start/final inspection of the penstock gate.

5. Reports

a. The Contractor shall provide to the COR the draft and final report on the Full Hydraulic Structural Steel inspection, documentation of the maintenance and repair activities, maintenance recommendations, photos, videos, and supporting documentation.

b. The Contractor shall provide two hard copies of the report and an electronic file (PDF format).

6. Safety documents

7. Warranty

SECTION 6

PROJECT COORDINATION & ADMINISTRATION

6.1 General

A. The Contractor shall provide all materials, equipment, labor, and services required by this Performance Work Statement to perform the work for the Contract sum and within the Contract period of performance.

B. The Contractor shall be responsible for ensuring that all its suppliers, manufactures and subcontractors have reviewed all applicable documents relative to their work. The Contractor shall provide all labor, material, equipment, and services not provided by the Contractor’s suppliers, manufacturers, fabricators, and/or subcontractors.

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6.2 Security

The Contractor is responsible for securing the work site, equipment, and materials from vandalism and theft.

6.3 Safety

A. The Contractor is solely responsible for worksite safety while performing work or inspections on Government property. The Contractor shall implement a safety program that protects the lives and health of personnel in the project area, prevents damage to property, and avoids work interruptions.

The Government is not responsible for accidents or injuries sustained by Contractor employees, guests, or invitees of the Contractor, its agents, or its subcontractors, unless the accident was directly caused by the authorized action of a Government employee in the performance of his/her duties.

B. The Contractor is responsible for being cognizant of and ensuring compliance with the requirements set forth. Such responsibility shall apply to both the Contractor’s operations and those of the Contractor’s subcontractors.

C. The Contractor shall comply with all provisions of all applicable regulations of the Occupational Safety and Health Administration (OSHA), 29 CFR 1910, Occupational Safety and Health Standards, and 29 CFR 1926, Construction Standards.

1. The OSHA 29 CFR 1910 and 29 CFR 1926 can be accessed at http://www.osha.gov or http://www.gpo.gov/fdsys/.

D. The Contractor’s personnel shall be required to use appropriate personal protective equipment such as, but not limited to hard hats, safety goggles, welding shields, face shields, protective footwear, protective gloves, and hearing protection.

E. The Contractor shall perform daily housekeeping. The Government will not provide trash dumpsters.

6.4 COVID-19 Requirements

A. Contractor employees must adhere to all CDC and OSHA COVID19 requirements while on IBWC property and when participating in any type of function associated with this requirement.

B. In accordance with OSHA EM 385-1-1 03.A.06 the OSHA recommended Infectious Disease Preparedness and Response Plan is required and must be submitted within 10 days after award.

SECTION 7

PROJECT MEETINGS

7.1 General

A. The Contractor, the COR, or the CO may schedule project meetings at any time.

http://www.osha.gov/ http://www.gpo.gov/fdsys/

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B. When USIBWC schedules a meeting, the COR shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The COR shall prepare the meeting agenda and distribute to all invited attendees.

C. When the Contractor schedules a meeting, the Contractor shall inform participants and others involved and individuals whose presence is required, of date and time of each meeting. The Contractor shall prepare the meeting agenda and distribute to all invited attendees.

D. The following meetings are anticipated, and the Contractor shall identify them in the Schedule:

1. Kickoff Meeting

2. Progress Meetings

7.2 Kickoff Meeting

A. After award of the Contract, the COR will coordinate with the Contractor to schedule a Kickoff Meeting. The meeting shall take place prior to the beginning of any Contract work.

B. The purpose of the meeting is to introduce project personnel and to review responsibilities and procedures.

C. The Contractor shall reach an understanding with the Government regarding the project requirements as stated is this Performance Work Statement. This understanding shall be documented in writing and approved by the CO after the Kickoff Meeting.

D. Attendees include, but are not limited to:

1. Contractor's Project Manager

2. CO

3. COR

4. Falcon Power Plant Representative

5. It is recommended that Contractor's engineers, inspectors, subcontractors, suppliers, and other concerned parties also attend the conference. The Contractor may invite anyone they wish to this meeting.

6. All participants at the conference shall be familiar with the project and authorized to conclude matters relating to the work.

E. Agenda Discussion of items of significance that could affect the work and project, including the following:

1. Introduction/designation of key personnel and their duties.

2. Review of the current phasing, critical work sequencing, and long-lead items.

3. Review of minimum project requirements.

4. Review of procedures for handling and processing modifications, RFIs, deliverables, and applications for payment.

5. Preparation of deliverable documents.

6. Use of site.

7. Work restrictions.

8. USIBWC and other's occupancy requirements.

9. Safety and first aid.

10. Security.

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11. Maintenance of project site.

12. Working hours.

F. Meeting Minutes The COR will record the discussions of the meeting and distribute the minutes to all attendees for review prior to finalizing.

7.3 Progress Meetings

A. If needed, the COR will schedule progress meetings once the Contractor has mobilized onsite. The COR will conduct and issue minutes of the meetings. Meeting minutes will become official Contract correspondence.

B. The Government may call other meetings on an "as needed" basis.

C. The purpose of these meetings shall be to analyze the progress of the work, resolve conflicts, and in general coordinate the operation of all organizations active at the project site.

SECTION 8

PROJECT SCHEDULE

8.1 Description / Purpose

A. The Contractor shall prepare a project schedule which shall reflect completion of all work under this Performance Work Statement.

B. Project schedule submittal shall include an electronic pdf file.

1. All abbreviations shall be defined.

2. Each project schedule shall show a revision date.

C. Baseline Schedule Preparation Prepare a list of all activities required to complete the work. The baseline schedule shall include all planned work activities and sequences and show Contract completion within the number of calendar days specified in the Contract.

a. Activities Prepare a list of all activities required to complete the work. Indicate the estimated duration, sequence requirements, and relationship of each activity in relation to other activities.

b. Time Frame Proposed duration assigned to each activity shall be the Contractor's best estimate of time required to complete the activity considering the scope and resources planned for the activity.

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SECTION 9

REGULATORY REQUIREMENTS

9.1 Contractor's Responsibility

A. It is the Contractor’s responsibility to perform work in compliance with all applicable requirements of federal, state, and local laws, codes, rules, regulations, ordinances, and standards, including, but not limited to, those outlined in 9.4 below.

B. It shall be the responsibility of the Contractor to acquire copies of all applicable codes, regulations, and standards for ready reference.

C. In instances where requirements are in conflict, the stricter standard shall apply.

D. All inspections, observations, or tests required for code compliance are the responsibility of the Contractor.

9.2 Permits

A. Prior to the beginning of work, the Contractor shall be responsible for researching, coordinating, obtaining, and paying all applicable fees for all permits required by Federal, state, and local entities.

The Government is not responsible for any existing or newly introduced permits required before, during and/or after work on of this project.

B. The Contractor shall be responsible for and shall give and maintain all notices required by applicable regulations, laws, or permitting authorities pertaining to work on of this project.

9.3 Dates

A. For all related standards and regulatory requirements in this document, the version, edition, or year shown indicates the governing version.

B. All Public Laws, Code of Federal Regulations (CFR), Federal Acquisition Regulation (FAR), Executive Orders (EOs), Management Policies, Government Directives, Government Standards, refer to the original document as well as any subsequent amendments, corrections, and/or additions.

1. The latest amendments, corrections and additions are to be assumed applicable in the same way as the document itself.

2. The version in effect as of the issuing date of the Solicitation for this project governs unless the law, regulation, order, policy, directive, or standard is updated with a retroactive clause.

9.4 Summary of Regulatory Documents and Agencies

Regulatory requirements applicable to this project include, but is not limited to, the items listed below.

A. Institute of Electrical and Electronics Engineers (IEEE)

1. 2017 National Electrical Safety Code (NESC)

B. National Fire Protection Association (NFPA)

1. NFPA 70-2017 Standard for Electrical Safety in the workplace (also known as the National

Electrical Code [NEC]), with Errata through 70-17-4 and TIA through 17-4

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C. Occupational Safety and Health Administration (OSHA)

1. Occupational Safety and Health Standards (29 CFR 1910)

a. https://www.osha.gov/law-regs.html

2. Construction Standards (29 CFR 1926)

a. https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS& p_toc_level=1&p_keyvalue=Construction

D. The Society for Protective Coatings (SSPC) and or its equivalent National Association of Corrosion Engineers (NACE) Standards.

E. Public Laws and Acts All Public Laws and Acts can be found at http://www.gpo.gov/fdsys/

1. Buy American Act [41 USC 10a - 10d]

2. National Environmental Policy Act (NEPA) [42 USC 4321-4347]

3. Resource Conservation and Recovery Act (RCRA)

4. Solid Waste Disposal Act

5. Toxic Substance Control Act

F. State of Texas

1. Texas Engineering Practice Act and Rules Concerning the Practice of Engineering and

Professional Engineering Licensure

a. http://www.tbpe.state.tx.us/downloads/law&rules.pdf

SECTION 10

MEASUREMENTS AND PAYMENTS

10.1 USIBWC Payment Processing

A. Breakdown each lump sum item into component work activities used in the schedule for which invoices may be requested. The work activities broken out within the Schedule of Values shall be integrated into and made a logical part of the baseline schedule submitted under this section.

1. The total costs for the component work activities shall equal the Contract price for that lump sum item.

2. Overhead, general, and administrative expenses, escrow, bonds, profit, and other across the board markups shall be applied to each line in the Schedule of Values uniformly.

3. An unbalanced Schedule of Values providing for overpayment to the Contractor for items of work to be performed first will not be compliance confirmed but shall be revised by the Contractor and resubmitted until acceptable to the COR. If requested by the Government, the Contractor shall furnish full copies of subcontracts showing actual costs.

4. The Government may request data to verify accuracy of dollar values.

B. Do not break down unit price items. Use only the Contract price for unit price items.

C. An acceptable Schedule of Values shall be agreed upon by the Contractor and COR before the first invoice is processed.

https://www.osha.gov/law-regs.html https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=Construction https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=Construction http://www.gpo.gov/fdsys/ http://www.tbpe.state.tx.us/downloads/law&rules.pdf

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D. The following items shall have an entry in the Schedule of Values. The Contractor may breakdown each item listed into subsections if they so choose. The Contractor may add additional items. The items shown are the minimum required.

1. Mobilization/Demobilization.

10.2 Progress Payment (Lump Sum CLIN)

A. The Schedule of Values shall be used to prepare an invoice request for the items, or portions of items, of the work completed during the monthly progress period.

B. As the activity progresses, the Contractor will be paid the value based on the percentage associated with the activity in the Schedule of Values.

C. The progress payments are made to benefit the Contractor. These payments are made based upon preliminary deliverables, preliminary field inspections, preliminary testing data, and/or preliminary reports. Progress payments do not constitute acceptance of any portion of the work and do not reduce the Contractor’s liability to replace unsatisfactory work, material, or equipment.

D. No progress payment will be made when, in the judgment of the Government, the work is not proceeding in accordance with the provisions of the Contract.

10.3 USIBWC Payment Processing

A. The Contractor shall submit invoices via the Invoice Processing Platform (IPP) System. Further information on IPP will be provided at time of award.

B. The invoice for this Contract shall not be combined with any other work or other Contracts; it shall be for this Contract only.

10.4 Invoices

A. USIBWC Payment Processing

B. A. The Contractor shall submit an electronic invoice pursuant to FAR 5.212-4(g) to be processed via the IPP system at www.ipp.gov. B. A copy of the invoice shall be emailed to the CO and COR concurrently.

C. C. The invoice for this Contract shall not be combined with any other work or other Contracts;

it shall be for this Contract only.

--End of Performance Work Statement--

1.10 Department of Homeland Security