WP MATOC SOW.pdf

West Point Directorate of Public Works (DPW)

Multiple Award Indefinite Delivery/Indefinite Quantity (MAIDIQ)

Statement of Work (SOW)

20 December 2023 ii

Table of Contents

1. PURPOSE AND SCOPE

1.1. MAIDIQ

1.1.1. RTOPs

1.2. Goal

1.3. TO

1.3.1. Historical

1.3.2. Cultural Resources

1.4. Contractor’s Responsibilities

1.4.1. Commercial Practice

2. WORK BY THE GOVERNMENT

2.1. Undertake Performance

3. PLACE OF PERFORMANCE

3.1. Location

4. HOURS OF OPERATION

4.1. Schedule

4.2. No Work

4.3. Light

4.4. Outside Regular Hours

4.5. Utility Lines

4.6. Federal Holidays

4.7. Approval

4.8. Public Notice

4.9. Obstacles

4.10. Ceremonies

4.10.1. Right of Way

4.10.2. Noise

4.11. Sallyports

4.12. Cost

5. CONTRACTOR PERSONNEL

5.1. Accountability

5.2. Conduct

5.3. Misconduct

5.4. Access

5.5. Influence

5.6. E-Verify

6. KEY PERSONNEL

6.1. Representative

6.2. Project Manager

6.3. Site-Superintendent

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6.4. Site Safety and Health Officer (SSHO)

6.5. Quality Control (QC) Officer

6.6. Roles and Responsibilities

6.7. Language

7. PROGRESS SCHEDULE

7.1. Schedule

7.2. Progress Report

7.3. Clause

8. PROGRESS MEETINGS

8.1. Meeting

8.2. Minutes

9. RECORDS AND AS-BUILT DRAWINGS

9.1. Record

9.2. As-Built

9.3. Red-Line Drawings

10. CONSTRUCTION SITE STANDARDS

10.1. Site Conditions

10.2. Specs

10.3. Staging & Safety

11. AVAILABILITY OF WORK SITE

11.1. Coordination

11.2. Deviation Request

11.3. Continue Work

12. CONSTRUCTION SITE MAINTENANCE

12.1. Storage

12.2. Damage

13. WORK IN SPECIAL SECURITY AREAS

14. SUB-CONTRACTS

15. TEMPORARY STORAGE FACILITIES

15.1. Laydown Area

15.2. Meter

16. RESERVED

17. CONTRACTOR FURNISHED STORAGE TRAILERS/FACILITIES STORAGE UNITS

17.1. Facility Storage

17.2. Secure

17.3. Dumpsters

18. SITE ACCESS

19. PARKING

20. EXCAVATION REQUIREMENTS

20.1. Coordinate

20.2. Dig-Safe

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20.3. Lines

20.4. Process

20.5. Non-Government

20.6. Liability

21. MARKINGS

21.1. Clearance

21.2. Maintain

22. DAMAGE TO UTILITIES

22.1. Utility Disruption

22.2. Authorization

22.3. Responsible

23. EXISTING UTILITIES

23.1. Schedule

23.2. Emergency

23.3. Statement

23.4. RTOP

23.5. Restriction

23.6. Utility

23.7. Temporary Connection

24. SECURITY PLANNING

24.1. General

24.1.1. DES

24.1.2. Off & Secure

24.1.3. Threat

24.1.4. Credentials

24.1.5. Delay

24.1.6. Restricted Areas

24.1.7. ID Badges

24.1.8. Central Area

24.1.9. Badge Required

24.1.10. Return Badges

24.2. Background Checks

24.2.1. History

24.2.2. Sources

24.2.3. Requirements

24.3.1. Brief

24.3.2. Collect & Provide CBH

24.3.3. Newly Hired

24.3.4. Passes

25. CONTRACTOR VEHICLES AND ACCESS TO GOVERNMENT INSTALLATIONS

25.1. General

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25.1.1. Vehicles

25.1.2. Inspection

25.1.3. Delivery

25.1.4. Documents

25.1.5. License

25.1.6. Passes

25.2. Vehicle Registration and Installation Access

25.2.1. Decals

25.2.2. Search

25.2.3. Normal & Alpha

25.2.4. Bravo

25.2.5. Charlie & Delta

25.2.6. Random

26. EMERGENCY USE OF GOVERNMENT HOSPITAL FACILITIES

26.1. Keller

26.1.1. Transfer

27. HEALTH & SAFETY

27.1. Safety

27.2. Codes & Standards

27.3. Violations

27.4. Mishaps

27.5. 29 USC 651

27.6. Inspection of contract activities

27.7. Safety Plan

28. CONTRACTUAL REQUIREMENTS FOR CONSTRUCTION:

28.1. Legal Requirements

28.1.1. Compliance

28.1.2. Safety Plan

28.1.3. Safety Violation

28.1.4. Hazard Analysis

28.2. Public Convenience and Safety

29. TEXTING WHILE DRIVING

30. EMPLOYEE HEALTH AND SAFETY

30.1. EM 385-1-1

30.2. Records

30.3. Noncompliance

30.4. Compliance

30.5. Protection

30.6. Accident Prevention Plan

30.6.1. Include

30.6.2. Inspection

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30.7. Danger

30.7.1. Standards

30.8. Noise Control

31. ENVIRONMENTAL COMPLIANCE

32. ENVIRONMENTAL & HEALTH PROTECTION

32.1. Excavation

32.1.1. Contaminated Soil & Free Product

32.1.2. Additional Excavation

32.1.3. Evacuation

32.1.4. Contaminated Soil Notification

32.2. Asbestos Requirements:

32.2.1. Diseases

32.2.2. Exposed

32.2.3. Friable & Non-Friable

32.2.4. Preventative Measure

32.2.5. Standards

32.2.6. Criteria

32.2.7. Abated & Disposed

32.2.8. Compliance & Inspection

32.3. Comply

32.4. Contractor Reporting Requirements

32.4.1. Incident

32.4.2. Report

32.4.3. Follow-Up

32.4.4. Emergency

33. LEAD BASED PAINT, CONTAMINATED SOIL, AND ASBESTOS REQUIREMENTS

34. FUEL SPILLS

34.1. Clean Up

34.2. SPCCP

35. VOLATILE ORGANIC COMPOUNDS

36. ABOVEGROUND STORAGE TANKS (AST)

37. EROSION AND SEDIMENT CONTROL

37.1. Comply

37.2. Conflict/Discrepancy

38. PRECAUTIONS AGAINST HAZARDS

38.1. Definition of Hazardous Materials

38.1.1. Standards

38.1.2. MSDS

38.1.3. Report

38.2. Publications

38.2.1. Code of Federal Regulations (CFR)

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38.2.2. Emission

38.2.3. MDMS

38.2.4. Asbestos/Class 1

38.2.5. National Fire Code

38.2.6. Welding & Cutting

38.3. Prepare

38.3.1. Fire Watch

38.3.2. Caps & Storage

38.3.3. Permit

38.3.4. Hot Work

38.3.5. Tar Pot

38.3.6. Discontinue

38.3.7. Flame

38.4. Flammable Liquid Storage

39. SMOKING IN GOVERNMENT FACILITIES

40. OCCUPANCY

40.1. Public or Government Presence

40.2. Work on Occupied Building

40.3. Salvage

41. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

41.1. Delay

41.2. Adverse Weather Call

42. HVAC REQUIREMENTS

43. INSPECTIONS, COMMISSION, AND REPORTS

43.1. Inspection

43.2. Commissioning & Report

44. TEMPORARY SANITARY FACILITIES (WORK RELATED)

44.1. Temporary

44.2. GFP

45. SEWAGE AND PEST CONTROL

45.1. Sewage

45.2. Pest Control

46. DISPOSAL OF REMOVED MATERIAL

47. WASTE DISPOSAL

47.1. Stockpile

47.2. Trees

47.3. Dumpster

47.4. Construction &Demolition

47.5. Waste Material

47.6. Loose Debris

47.7. Trip Ticket

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47.8. Construction Site

47.9. Corrective Action

48. RECYCLING

49. DEMOLISH VS SALVAGE

49.1. Demolish

49.2. Salvage

50. GRASSY AREAS

51. RESIDUAL ASPHALT

52. ACCESS ROUTES

53. ROADS

53.1. Spillage

53.2. ROADS-UTILITY CUTS

54. AIRFIELD REQUIREMENTS

54.1. Construction Restriction

54.2. Radio

55. RECORDING AND PRESERVING HISTORICAL & ARCHAEOLOGICAL FINDS

55.1. Artifacts Discovered During Construction

55.2. Historic Preservation

55.3. Written Verification

55.4. The Secretary of the Interior’s Standards for Rehabilitation

55.5. Feasibility

55.6. Historical Purpose

55.7. Historic Character

55.8. Deterioration

55.9. New Work

55.10. Relic

55.11. ARPA & SOP 16-1

56. PUBLIC RELEASE OF INFORMATION

57. WAGE RATES REQUIREMENTS (CONSTRUCTION)

58. CONTRACTOR PERFORMANCE

58.1. CPARS

58.2. CCASS

58.3. Performance Evaluation

58.4. FAPIIS

58.5. PPIRS

58.6. Response Time

59. SPECIFIC REQUIREMENTS FOR CONSTRUCTION TASK ORDERS

59.1. Documents

59.2. Specifications

59.3. Drawings

59.3.1. Omissions

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59.3.2. Utility Service Application

59.4. DD Form 1354

59.4.1. Transfer and Acceptance of Military Real Property

59.4.2. Reference

59.4.3. Draft 1354

60. CONTRACTOR QUALITY CONTROL

60.1. Independent Inspector

60.2. Inspection & Commissioning

60.3. Assurance

60.3.1. Quality Control Plan (QCP)

60.3.2. Preparatory Inspection

60.3.3. Initial Inspection

60.3.4. Follow-Up Inspection

60.4. Records

60.5. QCP Copy

60.6. Preconstruction Meeting

60.7. Modification Approval

60.8. Deficiencies

61. CERTIFICATES OF COMPLIANCE

62. DELIVERIES OR PERFORMANCE

62.1. Federal Acquisition Regulation (48 CFR Chapter 1) Clauses

62.1.1. Liquidated Damages

62.2. Warranties

62.2.1. Construction

62.2.2. Warrants

62.2.3. Warranty

62.2.4. Contractor’s Responsibility

62.2.5. Restore

62.2.6. Notify

62.2.7. Fail to Remedy

62.2.8. Warranties

62.2.9. Expires

62.2.10. Defect Cause

62.2.11. Limitation

62.3. Insurance

62.3.1. FAR 52.228-5

62.3.2. Award/Time Option

62.3.3. FAR 52.249-10

62.4. Approval

62.5. Basic Ordering Period

63. TASK ORDER REQUIREMENTS

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63.1. Ordering Procedures

63.1.1. Identify

63.1.2. Bid Process

63.1.3. Source Selection

63.1.4. TO Award

63.1.5. Withdraw

63.1.6. No Participation

63.2. Specifications

63.2.1. UFGS MasterFormat 2016

63.2.2. Record Drawings Furnished by the Government

63.2.3. Pre-Bid/Proposal Site Visit Requirements

63.2.4. Proposal Evaluation

64. TASK ORDER AWARD

64.1. FFP (Firm Fixed Price)

64.2. TO Award

64.3. Notice of Award

64.4. Admin

65. PERFORMANCE AND PAYMENT BONDS

66. TASK ORDER PRE-CONSTRUCTION CONFERENCE

66.1. Construction

67. NOTICE TO PROCEED

68. SUBMITTALS

68.1. Hard Copy and an Electronic Copy

68.2. O&M Manual

68.3. Environmental Protection Plan

69. RESUBMITTALS

1. PURPOSE AND SCOPE

1.1. MAIDIQ

This Multiple Award Indefinite Delivery/Indefinite Quantity (MAIDIQ) contract is used for a broad range of maintenance, repair, alteration, remodeling, renovation, and new construction. DPW has a requirement to Renovate and Modernize the existing facilities on the West Point installation. The Contractor will be responsible for providing all personnel and materials to develop Design-Bid-Build projects that will become part of real property.

Design-Bid-Build (Construction) is defined as the traditional delivery method for construction projects where design and construction are sequential and contracted for separately; with two contracts and two contractors. The drawings and specifications created under an initial Architect/Engineer contract are used as the bid documents in the following construction contract.

The offeror shall possess the skill and licenses required to perform construction projects and design/build projects required under the resulting contract or have a viable plan to obtain any skills and/or licenses lacking. A technical design level beyond 20% design-build will not be required by the offeror for any project under the resulting contract.

1.1.1. RTOPs

Proposals to complete an individual project shall be requested by issuance of a Request for Task Order Proposal (RTOPs). Resulting awards shall be issued as Task Orders (TOs). All work shall be performed on real property located in facilities assigned to New York United States Army Garrison, West Point, NY and at Stewart Army Sub Post, New Windsor, NY.

1.2. Goal

The primary goal of the MAIDIQ is acquisition of government facility construction requirements; contractor responsiveness is paramount. In the event of an emergency requirement, the contractor’s response time for pre-bid/proposal site visit and bid/proposal submission may be shortened. Therefore, it is imperative that contractors designate an individual who has the authority to bind or otherwise obligate the company.

1.3. TO

The task orders (TO) shall vary in size ranging from $2,000.00 to approximately $50,000,000.00 with the majority being between $750,000 and $50,000,000. Majority of the work shall be performed on historical buildings administrative, classroom, dining, sports, recreational, billeting, workshops, maintenance, and training facilities.

Projects may include tasks in a variety of trades but not limited to carpentry, traffic flagging, road repair, roofing, excavation, interior work (to include remodeling and interior modifications), demo and install electrical according to electrical load calculation and arch flash study; fire alarm, fire suppression systems, steam fittings, plumbing, sheet metal, painting, demolition, concrete masonry, welding, mechanical, landscaping, and other general construction work.

1.3.1. Historical

Artifacts, Preservation & Protection of Historical, Archaeological and Cultural Resources: Any and all items of prehistoric, historic and military relics or memorabilia, which may be discovered in the course of the construction activities, shall remain the property of the Government. Examples of such items include but are not limited to printed matter or other papers, buttons, buckles, or fragments of uniforms, buried weapons, bayonets, sabers, cannon balls, ammunition, fragments of structures or foundations, in short, any item of historical or archaeological value. Federal legislation provides for the protection, preservation and collection of scientific, pre-historical, historical and archaeological data, including relics and specimens which might otherwise be lost due to alteration of terrain or building features as a result of any federal construction project. Any person who, without permission, injures, destroys, excavates, appropriates, or removes any historical or pre-historical artifact, object of antiquity or archaeological resource from public lands of the United States is subject to arrest and penalty of law.

1.3.2. Cultural Resources

Cultural resources on Federal property are protected and managed by the Archaeological Resources Protection Act of 1979 and other applicable laws. The Contractor shall exercise care so as not to disturb or damage artifacts or fossils (should any be uncovered) during the excavation operations. Should the Contractor or any parties operating or associated with the performance of this contract discover evidence of possible scientific, prehistoric, historic or archaeological finds within the work limit lines or adjacent to work area shall immediately cease work at that location and notify the Contracting Officer Representative (COR), in accordance with USMA SOP 16-1. The Contractor shall provide the COR with all information as to the specific location and nature of the findings. USMA SOP 16.1 will be provided to the Contractor at the pre-construction meeting. The Contractor shall cooperate fully with the COR in implementing the procedures of USMA SOP 16.1, except that all notifications by the Contractor shall be to the COR and that all directions to the Contractor will be from the Contracting Officer (KO). Where appropriate by reason of discovery, the KO may order delays in time of performance or changes in the work or both.

If such delays or changes are ordered, an equitable adjustment will be made in the contract in accordance with the applicable clauses of the contract.

1.4. Contractor’s Responsibilities

The contractor shall provide all parts, labor, plan, equipment, material, supplies, supervision, management, transportation, and all other requirements to successfully perform all MAIDIQ projects. Work shall be performed in strict accordance with all terms and conditions of the MAIDIQ and resulting TO, to include but not limited to, the TO, SOW, specifications, drawings, applicable wage determinations and all other documents incorporated into the

TO.

1.4.1. Commercial Practice

The MAIDIQ Contractor(s) (from here on referenced as Contractor(s)) shall be responsible for all costs associated with fulfilling the requirements of each individual TO. They shall ensure compliance with best commercial practices of the trade, or class of work involved. They shall ensure that work is executed in a careful and orderly manner by workers skilled in their respective trades. All applicable codes, laws, and regulatory requirements shall be adhered to while performing work under this contract.

2. WORK BY THE GOVERNMENT

2.1. Undertake Performance

The Government reserves the right to undertake performance by Government forces or other Contractors, for the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so shall not breach or otherwise violate this contract.

3. PLACE OF PERFORMANCE

3.1. Location

All construction work performed under this MAIDIQ shall be at United States Army Garrison, West Point, NY and at Stewart Army Sub Post New Windsor, NY. Both locations are located in the tristate area and are easily accessible by rail and public highways.

4. HOURS OF OPERATION

4.1. Schedule

Working hours for the Contractor will be 6:30 A.M. to 4:30 P.M., Monday through Friday, excluding Saturdays, Sundays, and Federal Holidays or hours noted in individual TO or approved by KO. If the Contractor wishes to work during periods other than above, additional Government inspection forces will be required. The Contractor must notify the KO and the COR three (3) working days in advance of, his/her, intention to work during other periods to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available. All inspections will be done during normal duty hours. Due to certain circumstances (i.e., emergencies or urgent requirements), deviation of contractor’s working hours will be as indicated in the RTOPs.

4.2. No Work

During the course of this contract, the Contractor shall not perform any physical work on the days/periods listed below:

United States Military Academy (USMA) Graduation Week: A seven-day period starting the Sunday before graduation. This is usually the end of May.

United States Military Academy Prep School (USMAPS) Graduation Weekend. Occurs annually one weekend during the month of May.

USMA Reception Day: A single day in the end of June or early July when the new Cadet class arrives.

USMAPS Reception Day: A single day in the end of June or early July when the new Cadet class arrives.

Football Home Games: Six (6) Saturday home football games per year. Exact dates shall be furnished to the Contractor on request in the year they shall occur.

All Government Holidays (See C.4.6.)

The Contractor should anticipate four (4) additional days each calendar year on which no physical work shall be performed. These days will be at the Government’s discretion. The actual “No-Work” days shall be confirmed by the Government during the work phase in conjunction with the construction plan approval. The Contractor’s schedule must reflect the above anticipated “no work” days.

4.3. Light

During periods of darkness, the different parts of the work shall be lighted in a manner conforming to OSHA requirements and approved by the COR. Construction activities that shall cause significant interruption to, or prevent the conduct of, educational or staff activities during normal working hours shall be done outside regular working hours. The above conditions shall be anticipated by the contractor and clearly identified early in the project on the construction schedule and work planning documents to be submitted for review.

4.4. Outside Regular Hours

Make utility cutovers after normal working hours or on Saturdays, Sundays, and Government holidays unless directed otherwise. Conform to procedures required in the previous paragraph for work outside regular hours.

4.5. Utility Lines

Ensure that new utility lines are complete, except for the connection, before interrupting existing service. Interruption to water, sanitary sewer, storm sewer, steam, telephone service, electric service, air conditioning, heating, fire alarm, compressed air, shall be considered utility cutovers. Such interruption shall be further limited to 4 hours. This time limit includes time for deactivation and reactivation.

4.6. Federal Holidays

Federal Installations under this contract observe the following legal holidays:

Federal Holidays

New Year's Day 1st Day of January

Martin Luther King Jr. Day 3rd Monday of January

Presidents Day 3rd Monday of February

Memorial Day Last Monday of May

Juneteenth 19th Day of June

Independence Day 4th Day of July

Labor Day 1st Monday of September Columbus Day 2nd Monday of October

Veterans Day 11th Day of November

Thanksgiving Day 4th Thursday of November

Christmas Day 25th Day of December

NOTE

Any of the above holidays falling on a Saturday shall be observed on the preceding Friday. Holidays falling on a Sunday shall be observed on the following Monday. The normal hours of work on the previously identified federal installations are from 6:30 A.M. to 4:30 P.M., Monday through Friday, excluding weekends and holidays or hours noted in individual TO or approved by KO. Access to work sites may be restricted to these hours and days. Work that requires inspection during accomplishment or that prevents inspection of a previous work after accomplishment normally shall not be allowed during other than the normal work hours specified above.

4.7. Approval

The Contractor shall submit for approval to the COR a construction plan indicating the type and extent of construction to be performed. The plan shall be submitted no less than twenty-one (21) calendar days prior to actual construction or as specified on the TO. Open trenches or road restrictions shall not be permitted without the approval of the Contracting Officer. The Contractor shall also submit for approval to the COR a staging plan. The staging plan shall be submitted no less than twenty-one (21) calendar days and up to sixty (60) calendar days prior to actual construction as specified in the TO.

4.8. Public Notice

Any work outside the immediate work site or staging area should have a public notice if it has a major impact to the community. The Contractor shall submit to the COR a request for release of a public notice for staffing action no less than ten (10) calendar days prior to performing the work.

4.9. Obstacles

For any activity that affects working conditions including parking spots, access to entrances to buildings, road and sidewalk closures, and similar items, Contractor shall submit notification for approval to the COR no less than thirty

(30) calendar days and up to sixty (60) calendar days as specified in the TO.

4.10. Ceremonies

Parades, reviews or similar ceremonies are routinely conducted three or four times a week. Hours of such ceremonies are normally 5:00 p.m. on weekdays and 11:30 a.m. on Saturdays, although there are exceptions to these hours.

Detailed schedules of ceremonies may be obtained two (2) months in advance on request from the COR. In addition, the following requirements shall apply to all contractors’ activities in connection with these ceremonies.

4.10.1. Right of Way

Right of way shall be given to cadets marching in formation to or from ceremonies.

4.10.2. Noise

During the actual ceremonies, the Contractor's activities that produce noise to an extent which would distract or interfere with the ceremony, such as the operation of loud and noisy machinery shall be suspended until the ceremony is over.

4.11. Sallyports

Sallyports and other access ways shall be available for the Corps of Cadets.

4.12. Cost

All cost for conformance with the above stated requirements shall be included with the contract amount and no claim for extra cost shall be considered.

5. CONTRACTOR PERSONNEL

5.1. Accountability

The Government will not exercise any supervision or control over contractor or subcontractor employees (from here on referenced as employees) performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for all contractor employees.

5.2. Conduct

The Contractor is fully responsible for the performance and conduct of their employees at all times while on Government property performing work under the contract.

5.3. Misconduct

The Contractor shall take appropriate action, as required, in the event any employee becomes involved with civilian or local authorities because of misconduct. The Contractor’s employees are subject to the same general rules of conduct while on the Government installation that apply to Government civilian employees.

5.4. Access

The Government reserves the right to refuse access to Government installation grounds to any contractor employee if the KO determines it to be in the best interest of the Government.

5.5. Influence

The Contractor shall not allow any employee to perform work under the contract while under the influence of alcohol, drugs, or any other incapacitating agent.

5.6. E-Verify

All Contractors’ employees, including existing and new employees, are required to be verified through the Government's E-Verify System that confirms employees are authorized and eligible to work in the United States.

Assurance of compliance with the provisions of this article by subcontractors is the Contractor's responsibility.

6. KEY PERSONNEL

6.1. Representative

As a minimum, the overall program manager(s) for the Contractor shall be authorized as a legal representative of the Contractor who can sign contracts and other legally binding documents related to the contract on the Contractor’s behalf. The program manager or other authorized legal representative shall respond within two (2) hours to the COR.

6.2. Project Manager

The Project Manager shall have the level of experience and competency required to successfully manage all business related, construction, and design, if applicable, work performed under the contract. The Project Manager shall have minimum of five years’ experience as a Project Manager on projects of similar magnitude and ten years of construction experience. The Program Manager shall have the ability to manage and control multiple projects with experienced contractor and subcontractor personnel at multiple job locations. They shall ensure all personnel are qualified, competent, and capable of handling all assigned tasks.

6.3. Site-Superintendent

The Contractor shall assign a Site-Superintendent for each project in accordance with FAR 52.236-6 Superintendence by the Contractor. A working Site-Superintendent may be authorized for projects that are under $150,000 or as indicated in the RTOR. The Site-Superintendent shall have minimum of five (5) years’ experience as a Superintendent or Project Manager on projects of similar magnitude and ten (10) years of construction experience.

6.4. Site Safety and Health Officer (SSHO)

The SSHO shall have level of experience and competency require to perform safety and occupational health management, surveillance, inspections, and safety enforcement for any work included in the TO in compliance with EM 385-1-1. The SSHO shall be on duty at construction site at all times when construction is being performed and shall be available to resolve safety issue at any time.

6.5. Quality Control (QC) Officer

The QC officer shall have minimum of five (5) years’ experience as a QC officer on projects of similar magnitude and ten years of construction experience. The QC officer shall comply with all the provision in section titled

“CONTRACTOR QUALITY CONTROL.”

6.6. Roles and Responsibilities

Combining duties/responsibilities of Key Personnel shall not be permitted on projects greater than $1,000,000.

Permission to combine duties can be revoked at the discretion of the KO.

6.7. Language

Program Manager, project superintendents and engineers must read, write, and speak fluent English.

7. PROGRESS SCHEDULE

7.1. Schedule

Upon receiving the Notice to Proceed (NTP) the Contractor shall submit within five (5) days a practicable schedule to the COR for an approval. A practicable schedule will be for each TO awarded over $150,000.00 and for a period of performance exceeding sixty (60) calendar days. The Government reserves the right to request a schedule for TOs awarded for less than $150,000.00 and/or that last for less than sixty (60) days. Schedule shall comply with FAR 52.236-15 – Schedules for Construction Contracts.

7.2. Progress Report

The Contractor shall enter the progress on a progress report and shall immediately deliver three (3) copies of the annotated progress report to the COR. If it is the opinion of the KO that the Contractor has fallen behind the approved schedule; the Contractor shall take steps necessary to improve its progress, including those that may be required by the KO, without additional cost to the Government. In this circumstance, the KO may require the Contractor to increase the number of shifts, overtime operations, and days of work; and to submit for approval any supplementary schedule or schedules in chart form as the KO deems necessary to demonstrate how the approved rate of progress shall be regained.

7.3. Clause

Failure of the Contractor to comply with the requirements of the KO under this clause shall be grounds for determination by the KO that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the KO may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

8. PROGRESS MEETINGS

8.1. Meeting

Contractor interface with the Government shall be on a continual basis, and weekly/bi-weekly meetings are expected to discuss the progress and quality of work being performed. The Contractor shall be available to meet with the COR at the job site, or other designated site, to discuss work progress. If the COR requests, the Contractor shall coordinate to have a meeting with the COR within 48 hours of notification. At the progress meetings, Contractor shall demonstrate work progress utilizing the government approved Construction Schedule.

8.2. Minutes

The Contractor shall prepare an agenda and conduct the meetings. The project schedule shall be updated for each meeting. For projects, a kick-off meeting shall be held, and meetings shall be conducted after each design submission. After each design submission, DPW will have two (2) weeks to comment, and the Contractor will have a week to respond to those comments. At the time of response to the comment the Contractor shall coordinate a review session with the COR. The Contractor shall prepare and submit meeting minutes electronically within three (3) days of the meeting. Meeting minutes shall document and summarize substantive information, main issues of discussion, open items, closed items, and action items. Action item lists shall identify the specific action required, responsible party, and due date.

9. RECORDS AND AS-BUILT DRAWINGS

9.1. Record

Record drawings are identified as the Government’s most recent as-built drawings of existing facilities. The record drawings shall indicate the actual location of all systems within the work area. The contractor shall maintain the record drawings at the jobsite mounted to a plywood or other tabletop to allow inspection by the COR and Project Manager at any time during the construction. In order that the location of these systems and appurtenances may be determined in the event the surface openings or indicators become covered over or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, the end of each run including each change in direction. Valve, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a reference point. At the time of beneficial occupancy of each structure or facility involved under the contract, the Contractor shall submit to the COR and the Project Manager (PM) for acceptance and retention, as-built prints showing the aforementioned data.

9.2. As-Built

As-built drawings are final drawings that are submitted by the Contractor upon completion of the project prior to final payment.

9.3. Red-Line Drawings

At the job site and as work progresses, the Contractor shall keep an accurate record of all changes and corrections to the drawings, as applicable. The as-built drawings shall indicate, in addition to all changes and corrections, all physical changes to the construction area and the actual location of all new utility lines. At the time of beneficial occupancy of each structure or facility involved under the contract, the Contractor shall submit to the KO “as built” prints showing the aforementioned data. If the Contractor fails to maintain the as-built drawings as required herein, the KO shall consider that satisfactory progress has not been achieved for the period in question, thereby requiring the retention of up to 10% of any payments to be made until such drawings are made correct. Estimated cost of preparing the as-built drawings shall be deducted from any such payment. The Contractor shall provide the Government with two (2) sets of hard white prints (24” x 36”, D size) and one (1) CD or DVD disk in AutoCAD (2008 or newer) and PDF format of the as-built drawings. All final drawings shall be to scale as indicated on drawings.

10. CONSTRUCTION SITE STANDARDS

10.1. Site Conditions

The Contractor shall be responsible for field measurements and existing site conditions.

10.2. Specs

The construction site must be operated and maintained according to contract specifications and is subject to inspection and enforcement according to all federal, state and local codes/regulations.

10.3. Staging & Safety

Contractor shall provide and install all necessary scaffolding and staging to accomplish all phases of the contract work. The Contractor shall be responsible for the strength and safety and be in full compliance with the laws governing safety standards of scaffolding. If required, the Contractor shall provide flagger(s) during construction.

11. AVAILABILITY OF WORK SITE

11.1. Coordination

The Contractor shall coordinate the work to allow minimum inconvenience to the Government. Through DPW, the Contractor shall coordinate with any adjacent or nearby construction projects and with Building Commandants as required.

11.2. Deviation Request

If deviation from official contract work hours is required, the Contractor shall submit a written request to deviate from official work hours fifteen (15) calendar days in advance of the requirement to the KO and include:

1) State reason why deviation is necessary.

a) Requested working hours.

b) Dates required and/or duration.

2) Work to be performed.

3) Confirm if digging, utility cut-offs, or other work requiring Construction Contract Inspector shall be completed.

4) Indicate if work shall or shall not be at an additional cost to the government.

5) Indicate that the work shall or shall not have any adverse effect on daily government activity.

11.3. Continue Work

Contractor shall continue performing during official contract work hours until KO’s approval is obtained to deviate.

12. CONSTRUCTION SITE MAINTENANCE.

12.1. Storage

Contractor shall store all supplies and equipment on project site to preclude theft or damage. Maintain site in a neat and orderly manner. Protection and security for materials and equipment on site is the sole responsibility of the Contractor. The Contractor may be required to install temporary construction fencing to protect the site, at no additional cost to the Government.

12.2. Damage

Any damage to the existing structure and contents with the building caused by the neglect of the Contractor, shall be repaired, restored, or replaced promptly and proficiently at the expense of the Contractor. As a precaution to protect the contents of the building, the Contractor is required to secure the work area at the end of the workday, using an approved means, which shall be submitted to the COR for approval prior to work.

13. WORK IN SPECIAL SECURITY AREAS

Government shall provide all escorts if contractor accesses to security areas, while working on construction projects, is required.

14. SUB-CONTRACTS

MAIDIQ contractors shall comply with requirements set forth in 52.222-11 -- Subcontracts (Labor Standards), to include but not limited to, prompt submission of Standard Form (SF) 1413, Statement and Acknowledgment with all applicable clauses, prior to sub-contractor performance.

15. TEMPORARY STORAGE FACILITIES

15.1. Laydown Area

The location for exterior stock piling and lay down area approved by Department of Emergency Services (DES) and Directorate of Plans, Training, Mobilization and Security (DPTMS) of materials shall be indicated in the RTOP. The Contractor shall be responsible for protecting any authorized materials stored or stockpiled against weather, damage, theft, and other risks of loss. The Government assumes no responsibility for any material or equipment left in the storage area.

15.2. Meter

Project sites and contractor-owned construction sheds, trailers, offices, or other such facilities requiring utility services shall be metered, at contractor’s expense, for each utility involved. Utility expenses shall be borne by the Contractor and the Contractor shall provide end of each month a meter reading to the COR.

16. RESERVED

If a trailer is required for work and at the discretion of the Government, an office trailer may be located at the project site. The Contractor shall request DES and DPTMS approval for the trailer location. The Contractor shall make the request in writing at least seven (7) calendar days prior to the pre-construction meeting. All office trailers shall be located in areas as directed by DES and DPTMS. Any office trailer shall not be more than 10’ x 32’ in size, provided with a skirt on all sides, in like-new condition, and painted in accordance with the appropriate installation guidance. Office trailers in need of painting and/or repairs, or that are in unsightly/unkempt conditions will not be allowed at the project site. Displayed on the exterior of all trailers shall be a nameplate which has the name of the Contractor’s company, name for Contractor’s point(s) of contact (POC) and telephone number where he/she can be reached, contract number, project number and title, and date trailer was placed on site where located.

17. CONTRACTOR FURNISHED STORAGE TRAILERS/FACILITIES STORAGE

UNITS

17.1. Facility Storage

Unless otherwise indicated, no storage facilities are available for contractor owned materials. Buildings and structures that are part of the contract may be used for storage providing the space is not required for occupancy and contractor accepts full responsibility for the materials stored therein. The Government shall not be liable for items in the storage area. Contractor should be prepared to screen their lay down area and the job site as needed or directed with no less than a six (6) feet with black mesh screening for the duration of each task order/construction project.

17.2. Secure

Availability and size of the material lay down area shall be restricted as noted on the RTOP documents. The Contractor shall consolidate all bulk and/or large quantities of materials at the construction site in area(s) approved by the KO and/or COR/Inspector. All such items shall be stored neatly grouped together. Bulky or unsightly construction materials, heavy and/or light equipment, or tanks shall not be delivered to or stored on the construction site for any period longer than seven (7) calendar days prior to use, installation in the project, or start of construction.

The Contractor shall store all supplies and equipment on project site to preclude theft or damage. Protection and security for materials and equipment on site is the sole responsibility of the Contractor. The Contractor shall not use any area(s) for material or equipment storage that has not been approved by the DES and DPTMS.

17.3. Dumpsters

The size and color of storage units, CONEX boxes, and dumpsters shall be discussed and approved by DES and DPTMS during the pre-construction conference. All storage units shall be painted in accordance with all appropriate installation guidance. Displayed on the exterior of all storage units shall be a nameplate with the name of the Contractor’s company, name for Contractor’s point(s) of contact (POC) and telephone number where they can be reached, contract number, project number and title, and date unit was placed on site where located.

18. SITE ACCESS

When roads and thoroughfares are available, the Contractor shall use established roadways when transporting personnel and/or material in the execution of work. The Contractor shall strictly adhere to the foregoing and shall not develop new ingress or egress roads without specific written instructions from the KO. Streams, trails, and alternate access routes may only be utilized upon prior approval of the KO. Extreme care must be utilized to prevent the harm of Government Installation property and endangered plants, species, and wildlife. Free access must be provided to all roadways, fire hydrants, and designated exits, unless permission has been granted by the Fire Department for the temporary closing of the same.

19. PARKING

Tire and track impressions (ruts) created on wet or soft soil by vehicles and/or equipment used in the Contractor’s operations shall not be left for more than one calendar day after removal of such vehicle or equipment that caused the rutting. The Contractor shall restore the affected area(s) of the site to its original condition within that one-day period.

20. EXCAVATION REQUIREMENTS

20.1. Coordinate

When required, the Contractor shall coordinate through the COR/Inspector to obtain excavation permits. The contractor shall ensure that utility clearances have been obtained prior to performing work under an individual TO.

20.2. Dig-Safe

The Contractor shall have a completed and approved Directorate of Public Works (DPW) Dig Safe Permit in their possession prior to any excavation, to include sign or fence-post holes. All land disturbance shall comply with the West Point 32 CFR 651, Record of Environmental Consideration (REC) or as indicated in the RTOP.

20.3. Lines

The Contractor shall be responsible for coordinating the location of government-owned utility and communication lines prior to excavation.

20.4. Process

The Contractor shall Submit a DPW Dig Safe Permit Request to locate utility lines prior to any excavation or as indicated in the RTOP. Comply with all Dig Safe Permit requirements. Current requirements include submitting the Dig Safe Permit Request ten (10) days prior to excavation and marking the dig area with white flags prior to submitting the Dig Safe Permit Request including a map and photos of marked dig area; however, these requirements are subject to change. Utilities are usually located within ten (10) workdays from the date of the request but, due to weather conditions, construction workloads, etc., longer periods of time for these utilities locates may be experienced.

20.5. Non-Government

The Contractor is responsible for coordination with any known or suspected non-governmental utilities such as telecommunications or cable television. The permit shall remain valid for a period of 14 days or as otherwise directed by the issuing authority.

20.6. Liability

Utility locations, if and when shown on drawings, are approximate. The Contractor shall field verify all utility locations and have the appropriate utility company mark their location before digging or trenching. This shall include but is not limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, and by potholing. Contractor shall be liable for repairing any utilities damaged during construction at no additional cost to the Government.

21. MARKINGS

21.1. Clearance

After the markings have been made, Contractors are required to maintain a minimum clearance of two feet between a marked, underground utility line and the cutting edge of any power-operated excavating equipment.

21.2. Maintain

Maintain any paint marks or stakes indicating underground utilities/lines as required during the duration of work or 30 calendar days from date of approved permit (whichever is later).

22. DAMAGE TO UTILITIES

22.1. Utility Disruption

In the event of a contractor-caused utility failure/disruption, the Contractor shall first make the area safe, then immediately contact DPW Emergency Maintenance Division at either (845)938-2317 (business hours) or (845)938- 2316 (after hours),), and upon completion of the call, inform the COR.

22.2. Authorization

If, during the course of excavation, a utility line has been exposed, before backfilling, the Contractor must inspect these utilities to ascertain if the utilities have been damaged. If damage of any kind is discovered or suspected, it is the Contractor’s responsibility to immediately notify the utility owner directly. The Contractor must NOT attempt to repair damaged utilities without authorization from the KO. If authorized by the KO to repair the damage, the Contractor shall continue on around the clock basis until the service is restored.

22.3. Responsible

If the damaged utilities were previously known or shown to the Contractor, or there is negligence on their part, the utilities shall be repaired at the Contractor’s expense. If the damaged utilities were not known and not shown to the Contractor, and there is no negligence on their part, then they shall be repaired at Government expense.

23. EXISTING UTILITIES

23.1. Schedule

All temporary outages of any utility services required for the performance of work shall be scheduled through the COR no less than fourteen (14) calendar days in advance of such outages. The proposed schedule of outage shall include at a minimum: dates and duration of outages, type of service disrupted, and location of outage required. The Contractor may request a waiver from this requirement from the COR when the utility outage shall be of a very limited nature (e.g., a small portion of a facility or site, single building, and after hours etc.).

23.2. Emergency

If during work performance, the Contractor has determined that a utility-related situation involves risk to life or substantial risk to property, utilities shall be immediately disrupted to reduce the emergency and alleviate risk. If such a risk exists, or if such a disruption does occur, the Contractor shall immediately (in no case more than one (1) hour following the occurrence) notify the KO and COR verbally and follow it up in writing within four (4) working hours from occurrence.

23.3. Statement

The Contractor shall submit a written report, within five (5) working days, following each unscheduled utility outage. The report shall describe the cause, extent and duration of the outage, and list of corrective measures implemented.

23.4. RTOP

Utilities included shall be indicated in the individual RTOP.

23.5. Restriction

The Contractor shall plan their work to minimize all outages. The Contractor shall not be permitted to perform work requiring a utility outage during normal work hours without prior approval from the KO and/or COR.

23.6. Utility

The Government shall make water and electric utilities available from existing connections, except for electric for temporary heat, available during the course of this contract. Upon approval from the UP, the Contractor can connect to the utilities and use during the construction for the sole purpose of performing this work. The Contractor shall meter all the utilities and provide monthly reading to the COR for billing or deduction from the final contract payment. The Contractor shall carefully conserve all utilities.

The Contractor shall be responsible to pay all costs incurred in connecting, converting, and transferring temporary utilities to the work. Make connections, including providing backflow-preventing devices on connections to domestic water lines; providing meters; and providing transformers; and make disconnections.

a. Utilities will be paid for via a reimbursement to the Contract.

b. Where required in the TO award, the contractor must provide their own utilities.

23.7. Temporary Connection

The Contractor, at their expense and in a workman like manner, shall install and maintain all necessary temporary connections and distribution lines to perform work under this contract. The Contractor at the completion of this contract shall remove the temporary connection and distribution lines.

24. SECURITY PLANNING

24.1. General

24.1.1. DES

All personnel employed by the Contractor in the performance of this contract, or any representative of the Co