SOW Sta Sand Key Chiller.doc

PR #: TBD

STATEMENT OF WORK SSK REV.04 01NOV23

STATEMENT OF WORK (SOW)

FOR

STATION SAND KEY HVAC CHILL WATER REPAIR

<Contracting Officer enter final date solicitation is released>

1.0 GENERAL

1.1 Background

USCG Station Sand Key encountered and HVAC failure on 24 September 2023. The station is cooled by a chill water HVAC system. This sole system cools the entire building to include the crews overnight berthing. Troubleshooting determined the underground supply lines ruptured and need to be cropped and replaced. As of 25 September 2023, the interior of the Station reached 94° F.

1.2 Scope

· Repair exterior chiller units, to include fan motors, and probes.

· Replace secondary chill water pump.

· Conduct complete flush of chill water system.

· Replace thermostat in female wet room.

· Replace thermostatic valves and controls for air handler units 1 and 3.

OPTION ITEMS:

· Replace Air Handler unit to admin offices and communications room to include associated piping.

1.3 OBJECTIVE

Return USCG Station Sand Key’s HVAC system to operational.

1.4 APPLICABLE DOCUMENTS

TBD

1.4.1 Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract:

TBD

1.4.2 Reference Documents

The following documents may be helpful to the Contractor in performing the work described in this document:

TBD

2.0 SPECIFIC REQUIREMENTS/TASKS

Contractor shall perform its work in a reasonable manner and in accordance with industry standards. Contractor shall furnish and supply the tools, equipment, labor, and materials necessary for the proper performance of its work, except to the extent specifically excluded herein. Contractor shall not be responsible for payment of any impact fees, permit fees, or similar taxes or fees, unless specifically included herein.

To the extent that Contractor’s Scope of Work does not include engineering services, Customer shall be responsible for providing Contractor with a complete, accurate and current set of working drawings and specifications. The current set of drawing and specifications together with this Project Proposal constitute the “contract documents.” The Scope of Work in this Project Proposal shall control over the drawings and specifications. Unless the Contractor’s Scope of Work includes engineering services, Customer acknowledges that Contractor is not responsible for the design, or the sufficiency of the design, of Contractor’s Scope of Work as identified herein. Further, unless agreed to otherwise in writing by Contractor, Equipment installed by Contractor shall substantially conform to the performance specifications contained in the contract documents. Should Contractor be required to provide engineering services that are not included in the Scope of Work, Contractor will be entitled to compensation for such services at the rate of Contractor’s actual cost-plus fifteen percent (15%). Customer shall be responsible for the coordination of others performing work on the project so as not to interfere with or cause damage to the Scope of Work being performed by Contractor. Customer shall timely communicate with Contractor and timely respond to requests for information, clarification, or assistance. Customer shall provide electricity and water to the site as needed for Contractor’s performance of its Scope of Work. Customer shall provide Contractor with reasonable space for storage of materials on-site, along with parking for Contractor’s employees and subcontractors. In the event of a conflict or inconsistency between the contract documents for the project and this Project Proposal, the terms and conditions of this Project Proposal shall control.

Should Contractor be required to perform any work other than that as specified in the Scope of Work identified herein, whether by written or verbal direction from Customer, the building inspector for the applicable governmental agency, by changes in project conditions, by unforeseen circumstances, differing site conditions, concealed conditions, by acts of God, damage to Contractor’s Scope of Work by Customer or third parties, by field directive, constructive change directive, response to a Request for Information, or work order from Customer, the owner (if different from Customer), the Project Engineer or Architect, Contractor shall be entitled to a change order to reflect any increased cost associated with the change in Scope of Work, along with an equitable enlargement of time to perform the Scope of Work. For any extra work or additive change in its Scope of Work, Contractor and Customer must agree on the price for the extra work or additive change prior to Contractor’s obligation to perform the extra work or additive change arises. Any change in Contractor’s Scope of Work shall entitle Contractor to an equitable enlargement of time to perform the Scope of Work, but in no event less than three (3) additional business days. In the event Contractor performs extra work or additive change prior to agreement on price, Contractor shall be entitled to the reasonable market value of the extra work.

Should work on the project cease after Contractor commences its Scope of Work or should Contractor’s performance of its Scope of Work be delayed or stopped for a period more than five (5) days after Contractor’s commencement, due to no fault of Contractor, Contractor shall be entitled to a change order for its reasonable costs of demobilization and remobilization. Should such period of work stoppage continue for a period of fourteen (14) or more days, Contractor shall be entitled to a change order for any increased materials costs incurred because of the delay. Should Contractor be required by Customer to accelerate Contractor’s performance of its Scope of Work, increase the amount of labor devoted to the project, work overtime, perform weekend work, additional shifts, or otherwise increase its labor-related costs beyond those upon which Contractor based its Project Proposal sum, which unless otherwise expressly stated, is based on straight time, for any reason other than as a direct result of any delay caused solely by Contractor, Contractor shall be entitled to a change order for the additional costs associated with such efforts. Under no circumstances shall Contractor be liable for any direct, consequential, incidental or special damages due to delay in Contractor’s performance of its work.

Time is of the essence about Customer’s payment obligations under this Project Proposal. Contractor shall issue invoices or pay requests to the Customer, which shall be due and payable within twenty (20) days of the date of the invoice or pay request. Should Customer fail to cause payment to be made to Contractor within three (3) days from the date any progress or final payment is due to Contractor, regardless of whether Customer has received payment or funds for such work, any such sums shall bear interest at the rate of one and one-half percent (1.5%) per month until payment is received by Contractor. Additionally, should Customer fail to cause payment to be made to Contractor within five (5) days from the date any progress or final payment is due to Contractor, regardless of whether Customer has received payment or funds for such work, Customer shall be deemed to be in breach and default of this Project Proposal, without the necessity of any written or verbal notice from Contractor to this effect. In the event of such a breach or default by Customer, Contractor shall have all remedies available to it under this Project Proposal and Florida law, all which remedies shall be cumulative, including the right to declare the contract to have been unilaterally and wrongfully terminated by Customer’s breach. Should Contractor elect to return to the project following any such monetary default, Contractor shall be entitled to a change order for its demobilization and remobilization costs, as well as an appropriate equitable adjustment to the time to perform the Scope of Work. Customer assigns all rights due it from the owner of the real property, higher-tiered contractor, or other third party and directs that Contractor may directly receive payment from those persons to the extent of any past due amounts due Contractor from Customer. For all metal projects a “price in effect” policy will be applied. Due to fluctuations in metals prices, all pricing shall be considered as an estimate. Price increases received on metals at the time the order is released for production will be added to the invoice. Contractor shall be entitled to payment for materials stored on site or at an off-site location as approved by Customer. Any waiver of any right, remedy or term or condition herein by Contractor shall not constitute a continuing waiver and Contractor shall be entitled to prospective enforcement of the right, remedy or term or condition herein.

Contractor assigns to Customer any manufacturer warranties which may exist as to the items, materials, and/or equipment incorporated into the project and conditioned that the warranties are assignable. Contractor provides a one-year labor only warranty as to its Scope of Work and a one-year materials and equipment warranty only if the manufacturer’s warranty is not assignable, commencing from the earlier of the date of issuance of a Certificate of Occupancy, the date the owner assumes possession and beneficial use of the improvements, or the last day Contractor performs work on the project other than punch list, warranty, or corrective work. To constitute a valid warranty claim, Contractor must receive written notice of the specific alleged defect, deficiency, or warranty item, by certified mail, return receipt requested, within the one (1) year warranty period. CONTRACTOR HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. FURTHER, UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR FOR CLAIMS FOR LABOR OR MATERIAL CHARGES INCURRED AS A RESULT OF ANY SUCH CONSEQUENTIAL DAMAGES. The Customer’s remedies with respect to equipment, materials or goods found to be defective shall be limited exclusively to the manufacturer’s warranties assigned hereunder, and in the event the manufacturer’s warranty is not assignable, the Customer’s remedy shall be limited exclusively to the repair or replacement of such defective equipment, materials or goods and Contractor shall not be liable for any other direct, proximate, consequential, incidental or special damages that arise out of or relate to the defective equipment, materials or goods, including, but not limited to, bodily injury, death or property damage. The Customer’s remedies with respect to the one-year labor warranty shall be limited exclusively to the repair or replacement of such defective labor and Contractor shall not be liable for any other direct, proximate, consequential, incidental, or special damages that arise out of or relate to the defective labor, including, but not limited to, bodily injury, death, or property damage. It is agreed that all applicable legal duties owed by Contractor are owed solely to Customer, to the exclusion of any persons that Customer is contractually or legally liable.

In the event of a dispute arising out of or relating to this Project Proposal or the obligations and responsibilities of the parties hereto, the parties agree the dispute shall be resolved in a court of competent jurisdiction. Venue for any such proceeding shall be exclusively in Hillsborough County, Florida. In the event any debt due hereunder is placed with an attorney, Contractor shall be entitled to the recovery of its reasonable attorneys’ fees, including any such fees as are incurred prior to a lawsuit, during the lawsuit, on any appeal and in the collection of monies owed after judgment. Any resulting judgment in favor of Contractor shall accrue interest at the one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is higher, until payment is received by Contractor. In the event any portion of this Proposal/Contract is deemed unenforceable, the remainder shall survive.

2.1 TASK ONE. Replace Air Handler unit to admin offices and communications room to include associated piping.

2.2 TASK TWO. Replace 02 fan motors and all probes on exterior chiller units.

2.3 TASK THREE. Perform chill water system flush and refill.

2.4 TASK FOUR. Replace thermostat in female wet room.

2.5 TASK FIVE. Optional work items. Replace secondary chill water pump, and thermostatic valves and controls for air handler units 1 and 3.

3.0 CONTRACTOR PERSONNEL

3.1 QUALIFIED PERSONNEL

The Contractor shall provide qualified personnel to perform all requirements specified in this SOW.

3.2 CONTINUITY OF SUPPORT

The Contractor shall ensure that the contractually required level of support for this requirement is maintained at all times. The Contractor shall ensure that all contract support personnel are present for all hours of the workday. If for any reason the Contractor staffing levels are not maintained due to vacation, leave, appointments, etc., and replacement personnel will not be provided, the Contractor shall provide e-mail notification to the Contracting Officer’s Representative (COR) prior to employee absence. Otherwise, the Contractor shall provide a fully qualified replacement.

3.3 KEY PERSONNEL

Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the Contracting Officer. The Contractor shall not replace Key Contractor personnel without approval from the Contracting Officer. The following Contractor personnel are designated as Key for this requirement. Note: The Government may designate additional Contractor personnel as Key at the time of award.

3.3.1 Contractor Key personnel shall not be assigned by the Contractor to more than one key position for this requirement.

3.4 PROJECT MANAGER

The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this SOW. The Project Manager shall be a single point of contact for the Contracting Officer and the COR. The name of the Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. The Project Manager is further designated as Key by the Government. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Project Manager and all designated alternates shall be able to read, write, speak and understand English. Additionally, the Contractor shall not replace the Project Manager without prior approval from the Contracting Officer.

3.4.1 The Project Manager shall be available to the COR via telephone between the hours of 0800 and 1500 EST, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 24 hours of notification.

3.5 EMPLOYEE IDENTIFICATION

3.5.1 Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

3.5.2 Contractor employees working on-site at Government facilities shall wear a Government issued identification badge. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.) and display the Government issued badge in plain view above the waist at all times.

3.6 EMPLOYEE CONDUCT

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security. The Project Manager shall ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.

3.7 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

The Government may, at its sole discretion (via the Contracting Officer*), direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

4.0 OTHER APPLICABLE CONDITIONS

4.1 SECURITY

Coordinate with the CSO Office and DHS Instruction Handbook 121-01-007, Department of Homeland Security Personnel Suitability and Security Program to check appropriate box.

Add any additional sections with “-or-“ if appropriate and delete the others.

Security Risk and Background Investigation Form Requirements The requirements office anticipates the following:

Contractor access to classified information is not currently required under this SOW. However, the Government at a later date may require all Contractor personnel to have Secret clearances. Accordingly, all Contractor employees provided for this requirement must be eligible for a Secret Clearance.

4.1.1 FACILITY AND COMPUTER ACCESS

Contractors will be authorized in any HVAC/mechanical space that is not considered to be controlled.

4.2 Period of Performance

The period of performance for this contract shall not exceed 30 calendar days from the date of award.

4.3 PLACE OF PERFORMANCE

USCG Station Sand key

1375 gulf blvd

Clearwater fl, 33767

4.4 HOURS OF OPERATION

Contractor employees shall generally perform all work between the hours of 0800 and 1500 EST, Monday through Friday (except Federal holidays). However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under this SOW.

4.5 Travel

Contractor travel shall be required to support this requirement.

4.6 POST AWARD CONFERENCE

The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than 01 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract and review the Contractor's draft project plan. The Post Award Conference will be held via teleconference.

4.7 PROJECT PLAN

The Contractor shall provide a draft Project Plan at the Post Award Conference for Government review and comment. The plan, at a minimum, shall include: (a) list of work to be performed;(b) project schedule; (c) description of intended results; (d) role of key personnel, if applicable and (e) how quality of service (project) will be maintained throughout life of contract. The Contractor shall provide a final Project Plan to the COR not later than 01 business days after the Post Award Conference.

4.8 BUSINESS CONTINUITY PLAN

The Contractor shall prepare and submit a Business Continuity Plan (BCP) to the Government. The BCP Plan shall be due 01 business days after the date of award, and will be updated on an annual basis. The BCP shall document Contractor plans and procedures to maintain support during an emergency, including natural disasters and acts of terrorism. The BCP, at a minimum, shall include the following:

· A description of the Contractor’s emergency management procedures and policy

· A description of how the Contractor will account for their employees during an emergency

· How the Contractor will communicate with the Government during emergencies

· A list of primary and alternate Contractor points of contact, each with primary and alternate:

· Telephone numbers

· E-mail addresses

4.8.1 Individual BCPs shall be activated immediately after determining that an emergency has occurred, shall be operational within 24 hours of activation or as directed by the Government, and shall be sustainable until the emergency situation is resolved and normal conditions are restored or the contract is terminated, whichever comes first. In case of a life threatening emergency, the COR shall immediately make contact with the Contractor Project Manager to ascertain the status of any Contractor personnel who were located in Government controlled space affected by the emergency. When any disruption of normal, daily operations occur, the Contractor Project Manager and the COR shall promptly open an effective means of communication and verify:

· Key points of contact (Government and contractor)

· Temporary work locations (alternate office spaces, telework, virtual offices, etc.)

· Means of communication available under the circumstances (e.g. email, webmail, telephone, FAX, courier, etc.)

· Essential Contractor work products expected to be continued, by priority

4.8.2 The Government and Contractor Project Manager shall make use of the resources and tools available to continue contracted functions to the maximum extent possible under emergency circumstances. Contractors shall obtain approval from the Contracting Officer prior to incurring costs over and above those allowed for under the terms of this contract. Regardless of contract type, and of work location, Contractors performing work in support of authorized tasks within the scope of their contract shall charge those hours accurately in accordance with the terms of this contract.

4.9 PROGRESS REPORTS

The Project Manager shall provide a daily progress report to the Contracting Officer and COR via electronic mail. This report shall include a summary of all Contractor work performed, including a breakdown of labor hours by labor category, all direct costs by line item, an assessment of technical progress, schedule status, any travel conducted and any Contractor concerns or recommendations for the previous reporting period.

4.10 PROGRESS MEETINGS

The Project Manager shall be responsible for keeping the COR informed about Contractor progress throughout the performance period of this contract, and ensure Contractor activities are aligned with DHS objectives. At a minimum, the Project Manager shall review the status and results of Contractor performance with the COR on a daily basis via telephone.

4.11 GENERAL REPORT REQUIREMENTS

The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS workstations (Windows XP and Microsoft Office Applications).

4.12 INTELLECTUAL PROPERTY

N/A

4.13 PROTECTION OF INFORMATION

N/A

4.14 SECTION 508 COMPLIANCE

N/A

5.0 GOVERNMENT FURNISHED RESOURCES

The Government will not furnish any resources to the Contractor in support of this contract.

6.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in SOW 2.0 and SOW 5.0.

7.0 GOVERNMENT ACCEPTANCE PERIOD

The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

7.1 The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

7.2 The COR will have 01 business days to review deliverables and make comments. The Contractor shall have 01 business days to make corrections and redeliver.

7.3 All other review times and schedules for deliverables shall be agreed upon by the parties based on the final approved Project Plan. The Contractor shall be responsible for timely delivery to Government personnel in the agreed upon review chain, at each stage of the review. The Contractor shall work with personnel reviewing the deliverables to assure that the established schedule is maintained.

8.0 DELIVERABLES

The Contractor shall consider items in BOLD as having mandatory due dates. Items in italics are deliverables or events that must be reviewed and/or approved by the COR prior to proceeding to next deliverable or event in this SOW.

LAST UPDATED: 10/19/2023

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