00 10 01 - Supplementary Requirements.pdf

Section 01001 - 1

SECTION 01001

SUPPLEMENTARY REQUIREMENTS

PART 1 GENERAL

1.1 DEFINITIONS

1.2 CONSTRUCTION SCHEDULING

1.3 CORRESPONDENCE

1.4 ADVANCED NOTICE OF CONTRACTOR PERFORMED ACCEPTANCE TESTING

1.5 CONTRACTOR’S FILES

1.6 MECHANICAL AND ELECTRICAL LAYOUT DRAWINGS

1.7 IDENTIFICATION OF EMPLOYEES AND MILITARY REGULATIONS

1.8 PERMITS OBTAINED BY GOVERNMENT AND CONTRACTOR RESPONSIBILITIES

1.9 PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL

RESOURCES

1.10 SPECIAL SAFETY REQUIREMENTS

1.11 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (ER 415-1-15 31 OCT 89)

1.12 SALVAGE MATERIALS AND EQUIPMENT FOR THE GOVERNMENT

1.13 COMPLIANCE WITH DAVIS-BACON ACT

PART 1 GENERAL

1.1 DEFINITIONS

The references listed below are to be defined as indicated wherever they may be used in the

TECHICAL SPECIFICATIONS.

“SUPPLEMENTARY REQUIREMENTS” shall be read to pertain to any of the sections of the DIVISION 1 as required by the content of the section or paragraph containing the reference.

1.2 CONSTRUCTION SCHEDULING

The instructions for preparation and submittal of the Contractor-prepared Network Analysis System are found in SECTION 01 32 01.00 10, PROJECT SCHEDULE

1.2.1 Construction progress charts and status reports:. The proposed Construction Progress Chart shall be prepared on ENG Form 2454.

1.2.2 The Minimum principal contract features (activities) to be included on ENG Form 2454 shall represent the work in applicable divisions.

1.2.3 The Construction Progress Chart shall show the total bid amount distributed among the features shown on the chart. The schedule shall show the percentage of completion at the close of each weekly period. This percentage shall be based on percentage of physical completion of the work.

Section 01001 - 2

(NOTE: Mobilization and demobilization shall not be listed as a separate payment item unless so noted in the schedule.)

1.2.4 The Construction Progress Chart shall be submitted within 10 calendar days after the date of receipt of notice to proceed.

1.2.5 The Contractor shall prepare and submit a monthly project status report. The report shall tell whether the project as a whole is on, ahead of, or behind schedule. If the project is behind schedule, the Contractor shall explain what actions he will take to regain his schedule. The report shall include a description of problem areas, delaying factors and their impact, and an explanation of corrective actions take or proposed. Any delays caused by the Government shall be identified. Any significant items or events that occurred during the report month shall also be detailed.

1.3 CORRESPONDENCE

1.3.1 All correspondence shall be addressed to the Administrative Contracting Officer, shall be serially numbered commencing with Number 1, with no numbers missing or duplicated and shall be furnished with an original and one copy. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each serial letter shall make reference to the contract name, contract number and shall have only one subject.

1.3.2 All correspondence from the Contracting Officer will be also serially numbered with no numbers missing or duplicated. Letter to the Contractor will be forwarded in duplicate.

1.3.3 In the event there is more than one project within a contract, correspondence shall contain separate and distinct submittals to identify each project by name.

1.3.4 For submission of Contractor payment requests, See Section 01 22 00 PAYMENT.

1.4 ADVANCED NOTICE OF CONTRACTOR PERFORMED ACCEPTANCE TESTING

The contractor shall notify the Contracting Officer a minimum of 20 days prior to performing any acceptance or “buy off” testing of the following systems, (1) Energy Management & Control System ( EMCS), (2) Fire Detection/Protection, (3) Intrusion Detection System, (4) Uninterruptible Power Supply, (5) Heating, ventilation, and air conditioning ( HVAC) , (6) Aqueous film forming foam (AFFF), and (7) Hydrant Refuel. Advance notification is not required for testing performed as part of fabrication or installation.

1.5 CONTRACTOR’S FILES

Contractor shall maintain “Approved” (Action Code “A”) and “Approved Except as Noted” (Action Code “B”) shop drawing files in fabrication shops and at project sites for government use.

1.6 MECHANICAL AND ELECTRICAL LAYOUT DRAWINGS

The Contractor shall submit, for Contracting Officer’s approval, scaled layout drawings, including appropriate elevations and sections, as required, showing the room arrangement the Contractor proposes for all pieces of mechanical and electrical equipment and appurtenances thereto, such as but not limited to: boilers, compressors, hot water tanks, pumps, electrical control panels, ducts and piping, that are to be located in the room. Mechanical and electrical layouts shall be coordinated to eliminate any conflicts of

Section 01001 - 3 installed equipment. No payments will be made to the Contractor for furnishing or installing equipment until the layout drawings have been approved by the Contracting Officer. Mechanical and electrical equipment layout drawings shall be identified and submitted as specified herein. Equipment rooms shown on the drawings are of adequate size to accommodate equipment of required capacities as available from several manufacturers with sufficient space left for access, servicing, and removal. The use of equipment items with dimensions such as “to crowd the space” will not be permitted.

1.7 IDENTIFICATION OF EMPLOYEES AND MILITARY REGULATIONS

(a) The Contractor shall be responsible for compliance with all regulations and orders or the Commanding Officer of the Military Installation, respecting identification of employees, movements on installation, parking, truck entry, and all other military regulations which may affect the work.

(b) The work under this Contract is to be performed at an operating Military Installation with consequent restrictions on entry and movement of nonmilitary personnel and equipment.

(c) The Commanding Officer of Joint Base Lewis McChord (JBLM), Washington, has initiated specific requirements regarding vehicle registration for this contract. See below for RAPID post access program requirements. Please note that procedures for the joint installation access are subject to change without prior notice.

(d) Employee Access and Identification: The employee who requires access to JBLM to perform work under this contract shall obtain appropriate identification badge.

1. JBLM has instituted a Registered and Previously ID’d (RAPID) gate program for commercial vehicle access to JBLM, see below:

1.1 Registered And Previously ID’d (RAPID) Gate Program

1.1.1 C o m m e r c i a l Vehicle Access To JBLM – Registered And Previously ID’d

(RAPID) Gate Program

Procedures for commercial vehicle access to JBLM are subject to change without prior notice. Current access information may be obtained by calling (253) 967-1733.

(a) Unless the contractor voluntarily participates in the RAPID Gate Program (see the clause entitled Identification Of Contractor's Employees – Registered and Previously ID’d (RAPID) Gate Program), commercial vehicle access to JBLM-Lewis Main will be allowed only at the Logistics Center Gate (Exit 123 from I-5), access to JBLM-Lewis North through the D Street Commercial Vehicle Inspection Point on Lewis North, and access to JBLM-McChord Field at the JBLM-McChord Field CVIP. The gates are open Monday through Friday, excluding federal holidays. Each gate has different operating hours; see the gate operations web page for current times of the CVIPs http://www.lewis.army.mil/des/le_gate_operations.htm. These gates are closed on weekends (Saturdays and Sundays) and federal holidays. On Saturdays, Sundays and federal holidays, commercial vehicles must use the Madigan Gate (Exit 122 from I-5).

The current hours for commercial vehicles at the Madigan Gate are 1830-0500 Mon-Fri and 24 hours on Weekends and Holidays. A visitor pass must be obtained. All http://www.lewis.army.mil/des/le_gate_operations.htm

Section 01001 - 4 commercial vehicles will be searched. The Contractor should anticipate delays in getting commercial vehicles on post. The Contractor must also allow additional time for commercial vehicles to reach their destination by driving through JBLM. If the commercial vehicle is carrying a load of cement concrete or hot asphalt concrete for delivery, the driver shall notify the gate guard as soon as possible and request that the vehicle be given priority for being searched; however, the Government does not guarantee that the vehicle will be given priority. On nights and weekends commercial vehicles bound for JBLM-McChord Field or large vehicles traveling to JBLM-Lewis North (needing greater than 12'-5" clearance) will require a time stamped "searched" label to gain access. "Searched" labels will be issued at the Madigan Gate, as appropriate.

Drivers needing access to JBLM-Lewis North or JBLM-McChord Field must inform the gate guard that their vehicle is over 12'-5" in height and that they will require access to JBLM-Lewis North or JBLM-McChord Field. The driver will receive a briefing on proper procedures and a "searched" label. The Contractor shall ensure that its drivers, including drivers of subcontractors at any tier, comply with the procedures as explained to them for access to JBLM-Lewis North or JBLM-McChord Field.

(b) If the contractor participates in the RAPID Gate Program, contractor vehicles may enter the installation through any RAPID gate lane except at Force Protection Level Charlie or Delta. During Force Protection Level Charlie or Delta, all contractor vehicles must enter through the Logistics Center gate or, if the Logistics Center Gate is closed, through the Madigan Gate. All passengers in the contractor vehicle must have a RAPID identification card; otherwise, the contractor vehicle must enter through the Logistics Center Gate or the Madigan Gate, as appropriate and obtain visitor passes.

(c) NOTE: The RAPID Gate Program may be terminated by the Government or by Eid Passports, Inc., at any time. If the program is terminated, the contractor will be allowed access only through the Logistics Center Gate, JBLM-McChord Field CVIP or the D Street Gate or, when they are closed, the Madigan Gate unless the contractor is otherwise notified by the Contracting Officer.

1.1.2. Identification Of Contractor’s Employees – Registered and Previously ID’D (RAPID) Gate Program

a. Each employee who requires access to JBLM to perform work under any contract, at any tier, must obtain either a RAPID identification badge or a visitor’s pass to obtain access to JBLM. A RAPID identification badge will only be issued to an employee, at any tier, if the employee requires access to JBLM more than twice per week. Contractor employees, at any tier, who require access to JBLM twice per week or less often or who do not participate in the RAPID Gate Program shall obtain a visitor’s pass at the Main Gate, the Logistics Center Gate or the D Street Gate. The visitor’s pass will be issued for a maximum of 30 days at a time. A RAPID identification badge will only be issued to contractor employees if the contractor participates in the RAPID Gate Program. The RAPID Gate Program is a voluntary program. The production of RAPID badges has been contracted out and the cost of the identification card shall be borne by the contractor. Current established costs are $99.00 for company start-up and $99.00 per individual.

b. The contractor shall provide information as required by Eid Passport, Inc. (Eid), to enable Eid to conduct a criminal history background check (CHBC) on contractor employees who are to have access to JBLM. The contractor is responsible for paying Eid the fee per employee for conducting the CHBC and issuing the RAPID identification card. If the CHBC is not adverse, a

Section 01001 - 5

RAPID identification badge will be issued by Eid to the contractor employee. If the CHBC is adverse, Eid is prohibited from issuing a RAPID identification badge to the contractor employee.

If a RAPID identification badge is denied for any reason, the contractor employee may only enter the installation by obtaining a visitor’s pass; however, if the contractor employee does not meet the criteria for being issued a RAPID identification badge, the Government may, in its sole discretion, decide not to issue a visitor’s pass to the contractor employee.

c. If an employee no longer needs an identification badge for any reason (e.g., quits his/her job or no longer performs work under the contract), the contractor shall return the identification badge to Eid within two (2) calendar days of such change. If the identification badge cannot be returned within the required time frame for any reason, the contractor shall immediately notify both Eid and the Contracting Officer verbally, followed up in writing the next work day. An employee’s inability to obtain entrance to a Government installation because he/she does not have the required identification badge or visitor’s pass shall not excuse timely performance of the requirements of this contract. Eid or the Government may change the location at which identification badges are issued or returned, with or without advance notice to the contractor.

Any such changes shall not be a basis for adjusting the contract price under any clause of this contract.

d. RAPID identification badges shall not be reproduced or copied by the contractor, its subcontractors, or their employees. If an employee’s identification badge is lost, stolen, or reproduced, the contractor shall verbally report the loss, theft, or reproduction to both Eid and the Contracting Officer on the day such loss, theft, or reproduction is discovered, followed by a written report of the circumstances to both Eid and the Contracting Officer within one (1) calendar day after the loss, theft, or reproduction is discovered.

e. Each contractor employee shall wear the RAPID identification badge while performing work under the contract. The identification badge shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The identification badge shall not be used for access to any Government installation except for performance of work under the contract for which it was issued.

f. The contractor shall, upon expiration or termination of the contract, collect all identification badges and turn them in to Eid. The final invoice will not be considered proper for purposes of the Prompt Payment Act (FAR 52.232-25 or FAR 52.212-4(i)) until all identification badges have been accounted for.

g. NOTE: The RAPID Gate Program may be terminated by the Government or by Eid Passports, Inc., at any time. If the program is terminated, the contractor will be notified by the Contracting Officer as to whether the RAPID identification cards will remain valid (and, if so, for how long) and which gate(s) may be used for access to the installation.

1.1.3 Commercial Vehicle Access to JBLM

Procedures for commercial vehicle access to JBLM are subject to change without prior notice. Current access information may be obtained by calling (253) 967-1733. The following procedures apply if the RAPID Gate Program is terminated or expires. See paragraph 1.1.2 Commercial Vehicle Access To JBLM – Registered And Previously ID’d (RAPID) Gate Program.

Commercial vehicle access to JBLM will be allowed only at location with Commercial Vehicle

Section 01001 - 6

Inspection Points listed above. All commercial vehicles will be searched. A visitor pass must be obtained. The Contractor should anticipate delays in getting commercial vehicles on post. The Contractor must also allow additional time for commercial vehicles to reach their destination by driving through JBLM.

If the commercial vehicle is carrying a load of cement concrete or hot asphalt concrete for delivery, the driver shall notify the gate guard as soon as possible and request that the vehicle be given priority for being searched; however, the Government does not guarantee that the vehicle will be given priority.

On weekends commercial vehicles bound for JBLM-McCord Field or large vehicles (needing greater than 12'-5" clearance access) that need access to JBLM-Lewis North will require a time stamped "searched" label to gain access to JBLM-McChord Field or JBLM-Lewis North.

"Searched" labels will be issued at the Madigan Gate, as appropriate. Drivers needing access to JBLM-McChord Field or JBLM-Lewis North must inform the gate guard that their vehicle is over 12'-5" in height and that they will require access to JBLM McChord Field or JBLM- Lewis North.

The driver will receive a briefing on proper procedures and a "searched" label. The Contractor shall ensure that its drivers, including drivers of subcontractors at any tier, comply with the procedures as explained to them for access to JBLM McChord Field or JBLM-Lewis North.

2. Lost or Stolen Badges. ID badges shall not be reproduced or copied by the Contractor, its subcontractors, or their employees. If an employee’s badge is lost or stolen the Contractor shall verbally report the loss or theft to the COR on the day such loss or theft is discovered;

followed by a written report of the circumstances to the Contracting Officer. The report shall be completed one (1) calendar day after the loss or theft is discovered.

3. Use and Wear of Badge. Each contractor employee shall wear the identification badge while performing work under the contract. The badge shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The badge shall not be used for access to any Government installation except for performance of work under the contract for which it was issued.

4. Expiration/Termination. The contractor shall, upon expiration or termination of the contract, collect all badges and turn them in to the COR. The final invoice will not be considered proper for purposes for the Prompt Payment Act (FAR 52.232-25, Section I) until all badges have been accounted for.

5. Compliance with Rules, Regulations, and Statutes. All contractor employees shall observe and comply with all applicable local, State, and Federal rules, regulations, and statutes including those concerning fire, safety, sanitation, security, vehicle safety, and hazardous material handling.

6. Firearms. Contractor personnel while performing work under this contract shall carry no firearms. the Installation by Military Police if it is determined that such entry may be contrary to good order, discipline, or the security of the Installation.

7. Entrance Denial by Military Police. Contractor employees may be denied entry to the Installation by Military Police if it is determined that such entry may be contrary to good order, discipline, or the security of the Installation.

Section 01001 - 7

1.8 PERMITS OBTAINED BY GOVERNMENT AND CONTRACTOR RESPONSIBILITIES

The Government has obtained no permits/licenses related to the construction of this project. It will be the responsibility of the Contractor to obtain all permits/licenses required for this project. See FAR Section 52.236-7 entitled PERMITS AND RESPONSIBILITIES.

1.9 PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL

RESOURCES

In the event that human remains, artifacts, or features of historical or archaeological interest are inadvertently discovered, the contractor shall immediately cease activity in the vicinity of the discovery, stabilize and protect such discoveries from further disturbance or public disclosure, and provide immediate notice (no longer than 24 hours following discovery) by telephone and email to the Installation Cultural Resource Manager and Contracting Officer's Representative. Work may not proceed in the vicinity of the discovery until authorized to proceed by the Installation Cultural Resource Manager and the Contracting Officer's Representative.

1.10 SPECIAL SAFETY REQUIREMENTS

All construction activities shall be conducted in strict compliance with the Corps of Engineers Safety and Health Requirements Manual EM 385-1-1, and Occupational Safety and Health Administration (OSHA) regulations, as applicable. The manual is available online at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.10.1 In addition to Safety and Health Requirements Manual EM 385-1-1, and all applicable OSHA standards, the Contractor shall comply with key requirements listed below. Paragraph numbers refer to EM 385-1-1 or are added thereto.

a. Paragraph 01.A.17: Contractor Site Safety and Health Officer (SSHO). The Contractor shall employ a minimum of one CP at each project site to function as the SSHO (primary), depending on job complexity, size and any other pertinent factors. .

1.11 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (Engineer Regulations, [ER

]415-1-15 31 OCT 89)

This paragraph specifies the procedures for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE FAR 52.249-10 entitled “Default (Fixed Price Construction)”. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

1.11.1 The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

1.11.2 The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

1.11.3 The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Section 01001 - 8

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

9 8 8 4 2 3 1 2 4 7 10 10

1.11.4 Upon acknowledgement of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily QCQ report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled work day.

1.11.5 The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause FAR 52.249-10 entitled “Default (Fixed Price Construction)”.

1.12 SALVAGE MATERIALS AND EQUIPMENT FOR THE GOVERNMENT

The Contractor shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor’s system of property control, if approved by the property administrator. The Contractor shall be responsible for the adequate storage and protection of all salvaged materials and equipment, and shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of his negligence, or while in his care.

1.13 COMPLIANCE WITH DAVIS-BACON ACT

1.13.1 Contractor Point of Contact (POC)

Within 14 days after award of the contract, the Contractor shall designate a point of contact (POC) within their organization who will be responsible for the Davis-Bacon Act Labor Program for the Contractor and all subcontractors under this contract as required by the Contract Clauses and FAR 52.222.

1.13.2 Responsibilities

The designated Contractor POC shall be responsible for Davis-Bacon Act Labor Program activities including, but not limited to:

Documentation and record keeping Submittal and accuracy of certified payrolls

Submittal of required labor forms including requests for additional classifications and rates Statements and Acknowledgement, etc.

Posting of the wage determination, approved additional classifications and rates, labor and EEO posters Coordination with the Contracting Officer’s Labor Program POC

Section 01001 - 9

Prior to submittal to the Government, payrolls shall be reviewed for compliance to all applicable labor standards, to include, but not be limited to the following items: correct wage rates, correct overtime classification and pay, misclassification of workers for work actually performed, apprentice to journeyman ratios, and registration of apprentice. Corrective actions shall be taken as necessary to ensure Contractor compliance with applicable contract and FAR clauses.

1.13.3 Certification

The Contractor POC shall provide a signed certification stating the following: “I certify that the submitted items being forwarded have been reviewed in detail and are correct and in strict conformance with the Labor Standards of the contract except as otherwise stated.”

PARTS 2 AND 3 NOT USED

END OF SECTION