W911SA21B2000 TE-1 Statement of Work.doc

STATEMENT OF WORK

FOR

88TH RD

Frontier J.O.C

Job Order Contract Section C - Descriptions and Specifications

SPECIFICATIONS

SECTION C

PERFORMANCE WORK STATEMENT

C.1. General

C.1.1. Scope of Work

C.1.2 Work Responsibility

C.1.3. Contract Execution Documents

C.1.4. Personnel / Supervision Requirements

C.1.5. Contractor Quality Control

C.1.6. Work by the Government

C.1.7. Safety

C.1.8. Physical Security

C.1.9. Reserve Center/Installation Closings

C.1.10. Permits, Fees, etc. (Non-Environmental)

C.1.11. Salvageable and Repairable Materials

C.1.12. Work Site Maintenance

C.1.13. Government Equipment on Site

C.1.14. Trucking

C.1.15. Noise Control

C.1.16. Moving of Furniture

C.1.17. Damages

C.1.18. Traffic Control

C.1.19. Interruption of Utilities Service

C.1.20. Delivery of Materials

C.1.21. Environmental Protection

C.2. Definitions and Acronyms

C.2.1. Definitions

C.2.2. Acronyms

C.3. Government Furnished Property and Services

C.3.1. Use of Government Furnished Property/Services

C.3.2. Facilities

C.3.3. Utilities

C.3.4. Government Furnished Equipment/Materials for

Project Orders

C.4. Specific Tasks

C.4.1. Pre-Ordering Procedures

C.4.2. Ordering Procedures

C.4.3. Work Execution

C.4.4. Project Close-Out

C.5.

Security

C.5. RS MEANS UPB

SECTION C.1.

GENERAL

C.1.1. SCOPE OF WORK. This is an Indefinite Delivery, Indefinite Quantity contract (IDIQ) for construction effort at US Army Reserve properties identified herein. Under the Job Order Contracting (JOC) program, it is the Government’s clear expectation that projects executed against this contract shall exhibit superior quality, responsiveness, and customer service.

Each construction project will be awarded as an individual task order issued against the basic contract, specifying real property maintenance, repair, alteration, and/or new construction. The Contractor shall furnish all materials, equipment and personnel necessary to manage and accomplish the work. The Contractor shall provide sufficient technical support and project management to assure quality, accuracy of estimates, accommodate a number of concurrent “active” projects, provide flexibility of design staff and subcontractor pool to handle rapid increases in work volume, perform according to schedule (including completion on time), and process submittals and payrolls in a timely manner.

C.1.2. Work Responsibility. The Contractor's work responsibility shall include all contractor planning, programming, administration, coordination, and management necessary to provide all work as specified. The work shall be conducted by the Contractor in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, or directives. The Contractor shall ensure that all work provided meets, or exceeds critical reliability rates or tolerances specified or included in applicable documents. The Contractor shall provide related services such as pre award project development; project management; quality control (QC); preparation, review, and submission of required deliverables, and performance of all associated administrative work required to satisfy requirements specified under this contract and individual orders.

C.1.3. Contract Execution Documents. The following documents shall be used in the execution of work under this contract:

a. Unit Price Book (UPB) & Software.

1. The UPB and the approved compatible estimating software shall be utilized for all applicable pricing under this contract. Government designated R.S. MEANS Cost Data is the UPB for this contract and it shall be the sole source of pre-priced costs. Work tasks required for completion of specific project requirements that are not considered part of the "complete, in-place construction" of UPB items or are not otherwise contained in the UPB are called non-pre-priced (NPP), and their use is defined herein. “Actual” market pricing is not relevant under this contract except when necessary for calculating non-pre-priced work tasks. Any difference between actual prices and UPB pricing shall not constitute grounds for failure to perform nor shall be grounds for any equitable adjustment in the price for the task order.

The estimating software shall be fully compatible with the MEANS databases, and shall readily accommodate the application of the location factors, the contractor’s coefficient(s), and the incorporation of non-pre-priced cost items. Within 14 calendar days of contract award, the contractor shall acquire cost data and associated software trial version meeting these criteria and submit them to the Government for approval prior to purchasing.

2. R. S. Means Cost Data contains net unit prices for the description of work to be accomplished at the unit of measure identified. These net prices provide consideration for all direct labor, materials, and equipment costs necessary to provide complete, in-place construction (or demolition). See, Section C.5. for more specific details.

3. All indirect costs at the prime contractor level shall be covered by the Contractor’s coefficient(s). In addition to the costs defined in C.2.1., the Contractor’s coefficients shall include consideration for anticipated yearly inflation and or other market fluctuations occurring through the end of the calendar year in advance of acquisition of the updated Cost Data (unless the Contractor opts to procure updated cost data more frequently from the vendor at no additional cost to the Government).

b. Contract Technical Specifications.

1. The Technical Specifications to be utilized under this contract shall be the Unified Facilities Guide Specifications (UFGS), which are a joint effort of the U.S. Army Corps of Engineers (USACE), the Naval Facilities Engineering Command (NAVFAC), and the Air Force Civil Engineer Support Agency (AFCESA) for the purpose of specifying construction for the military services. These specifications may be accessed on the Internet at http://www.wbdg.org/ccb/index.php. The UFGS may be read on line in PDF format (Adobe Acrobat Reader, required –download at http:// www.adobe.com), or down-loaded for future reference. Downloaded files will require use of Specs Intact software for reading (down-load at http://www.wbdg.org/tools/specsintact.php).

These Specifications are numbered and organized by the Construction Specification Institute's (CSI) Master Format. The Contractor shall note however that there is not necessarily a direct correlation between a particular specification number and a particular UPB Section number (e.g., UFGS 26 60 13 Low-Voltage Motors, and UPB Section 26 71 13 Motors), so the content of each applicable specification and UPB section will be reviewed for logical and reasonable applicability. These specifications may be further supplemented by the Government on a project-by-project basis as required with industry specifications, and result in no additional cost to the Government, provided that in the Government’s view the supplemental specification supports and does not conflict with or clearly exceed the work described in the applicable UPB line item(s).

Nevertheless, as the UPB is constructed from averaging cost data from projects nationally, there is considerable variance in what incidental options/accessories which were provided by equipment manufacturers and incorporated into the costs; as such, the Government reserves the right to require these incidental options and/or accessories, without additional cost except where the required items are spelled out as a modifier within the UPB.

2. The purpose of these specifications is to furnish concise industrial and/or commercial standards for work and/or materials used in the maintenance and repair, or construction of Government facilities. The specifications will be used to define and enforce minimum requirements during the construction phase of each order.

C.1.4. CONTRACTOR Personnel/SUPERVISION Requirements.

a. IDENTIFICATION OF KEY PERSONNEL TO THE GOVERNMENT. Notice of key personnel designations with qualifications and references shall be provided to the Contracting Officer for approval 10 calendar days prior to contract start date and updated as changes occur. Qualifications of key personnel will be gauged against qualification standards ultimately accepted as part of the best and final offer for this contract. Key personnel include: Contract Supervisor, QC Manager, design personnel, and project management personnel. The Government has the right to reject the Contractor’s choice of individual personnel for failure to meet the qualification standards incorporated into the contract. This procedure shall be repeated anytime the Contractor replaces any member of his key staff.

b. Contract Supervisor. The Contractor shall appoint an overall contract supervisor dedicated to this contract. The contract supervisor shall provide overall management coordination of all contractor operations, and shall be the central point of contact (POC) with the Government for performance of all work under this contract. The contract supervisor and any individual(s) designated to act for him shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to the Contractor's administration of the contract. Individual(s) shall be designated by letter to act for the contract supervisor when work is being performed at hours other than normal duty hours or during the contract supervisor's absence.

c. TECHNICAL/PROJECT MANAGEMENT STAFF. The Contractor shall maintain sufficient technical design and project management personnel to perform the scope of the required work and to respond to the Government’s requirements within the times specified for multiple, concurrent actions which will require simultaneous execution.

d. Contractor Personnel/SUBCONTRACTORS. The Contractor shall be wholly responsible for providing contract personnel and subcontractors who are well qualified and otherwise trained to perform the required work, and supplying them in sufficient number to successfully execute all contract requirements (including for concurrent orders simultaneously), for supervising techniques used in their work, and for keeping them informed of all improvements, changes, and methods of operations.

Should the personnel and/or subcontractors provided by the Contractor prove to be incapable of performing work satisfactory to the Government; the Government will require that such personnel and/or subcontractors be immediately removed from performing work under this contract, and that any defective work performed is immediately replaced at no additional cost to the Government. Such action by the Government will not provide grounds for extension of performance periods for affected orders.

e. Contractor Experience/SKILL. Only personnel who are competent, qualified, and have demonstrated experience in applying accepted engineering and/or trade practices for the type work for which they are to be employed on this contract shall be used. The Government reserves the right to require written verification of personnel qualifications from the Contractor or his Sub-Contractors.

All field work shall be done to journeyman-level standards; work failing to meet this standard as determined at the discretion of the Government PM/QAR shall be re-preformed at no additional cost to the Government.

f. Supervision of Work. The Contractor shall provide all supervision for work performed by Contractor personnel; the Government will not exercise any supervision or control over Contractor employees or sub-contractors performing work under the contract. The Contractor, in turn, shall be accountable to Government for his employees and sub-contractors. The contract supervisor or his designated representative shall be responsible for ensuring that required supervision of Contractor & sub-contractor personnel will be provided for all orders under construction, regardless of location.

C.1.5. Contractor Quality Control (CQC) System. The Contractor shall provide and maintain an effective Contractor quality control/inspection system which will ensure that all work performed under the contract conforms to contract requirements whether constructed or processed by the Contractor, or procured from subcontractors or vendors. The Contractor shall perform or have performed all independent inspections and/or tests required to substantiate that supplies and services conform to the specified contract requirements and shall also perform or have performed all inspections and tests otherwise required by the contract, unless the required inspections and/or tests are specifically designated to be performed by the Government. Failure of the Contractor to ensure the quality of work performed and/or the documentation developed as required by this contract will be a consideration of the Government when determining whether to exercise option years or in deciding termination actions. The Contractor's inspection system shall be documented as part of their Quality Control Proposal. Changes to this system shall not be made without the approval of the Contracting Officer.

1. Files and Reports.

a. Files. The Contractor shall maintain a file of all inspections and/or tests conducted by the Contractor to include any corrective actions taken. This file shall be subject to review upon demand by the Government.

C.1.6. Work by the Government. The Government reserves the right to undertake performance by Government forces or other Contractors, the same type or similar work as contracted for herein, as the Government deems necessary or desirable at its discretion, and to do so will not breach or otherwise violate this contract (See, the contract clause entitled “Indefinite Quantity”).

C.1.7. Safety. The Contractor shall safeguard and maintain all government property as well as provide for the safety and well-being of personnel employed in the execution of this contract. The contractor shall develop and implement an overall safety program for employees performing work under this contract. The contractor shall submit the documented safety program to the Contracting Officer 30 calendar days prior to the start of contract performance. Revisions shall be submitted for approval, a minimum of 5 calendar days prior to the proposed effective date of change.

a. The requirements of Department of Labor, Occupational Safety and Health Administration (OSHA) Standards 29 CFR 1910 L 1926 or EM 385-1-1, General Safety Requirements (whichever is the most stringent) shall be followed. Personal protective equipment shall be provided to employees. Failure to conduct operations under this contract on any subsequent project order in a manner consistent with the prescribed safety requirements may result in immediate orders for cessation of work by the CO, COR, or their designated representatives, until the safety violation is corrected. Costs associated with work stoppages required due to unsafe construction practices by the Contractor or his subcontractors shall be borne fully by the Contractor, at no additional cost to the Government.

b. Contractor Responsibility. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury, or death. Contractors are required to report timely, any accidents and injuries to the 88TH RD Safety office at 608-388-0335 and the Contracting Officer. AR 385-40 requires that accidents and injuries be reported within one (1) calendar day to the Safety Office and Contracting Officer.

c. Equipment will be maintained in a safe operating condition and a fire safe condition at all times. Equipment shall be stored in the areas so designated. Contractor shall secure vehicles and mobile equipment, when not in use, by removing the keys from key operated ignition or by other physical means. The Contractor shall ensure that all personnel engaged in work under this contract are provided and use personal protective equipment (e.g., ear plugs/muffs, safety glasses, steel-toed boots, hard hats, etc.).

d. All Contractor personnel shall receive a safety and fire prevention briefing prior to reporting to work. The Contractor shall notify the Government of the time and location of this briefing at Post Award Meeting.

e. Work sites shall be kept free of debris and materials which could cause injury to workmen or others in the area. Open excavation and other potential hazards shall be barricaded and/or fenced off to prevent injury and, when deemed advisable by the Government, signs shall be posted to warn of specific hazards.

f. Illumination. If night operations are carried on, the Contractor will be required to furnish all plant, equipment, and labor necessary to ensure adequate illumination. Adequate illumination as used herein shall be construed as the minimum lighting required to provide safe working conditions for Contractor and Government personnel wherever work on this contract is in progress. There shall be sufficient light to permit the work to be performed in accordance with the plans and specifications and to permit complete inspection of all work.

g. Notice of Required Seat-belt Use. The Contractor shall adopt and enforce an aggressive on-the-job seat belt policy for all employees when operating or riding in company-owned, rented or personally owned vehicles operated on federal property.

h. Confined Spaces Entry.

1. Title 29 CFR 1910.146, OSHA (Confined Space Entry) sets forth the definitions of confined spaces and establishes responsibilities and procedures for protecting personnel that shall be entering, working in, and exiting confined spaces.

2. Confined Space Entry Plan. As applicable to an individual order placed under this contract, the Contractor shall submit to the CO & COR for approval with his project-specific Safety Plan, a Confined Space Entry Plan that is tailored for that project, and which meets the regulatory requirements of the references identified above. Included in this project-specific plan shall be certification that all Contractor employees entering the defined space have received Confined Space Entry training. Work under the affected order shall not commence until the Confined Space Entry Plan has been approved by the Government.

i. HAZARD COMMUNICATION. The Contractor shall identify to the MANSCEN Safety Office (573-596-0116) and the COR, any materials to be brought to a job site that have the potential to expose workers, occupants, and/or facilities to fire, explosion, or health hazards.

C.1.8. Physical Security. In addition to Federal and State laws, the Contractor shall comply with security regulations imposed by the affected installation and/or the agency occupying the space where work is to be performed. Specific security requirements affecting each order will be identified within the applicable SOW when appropriate.

a. Security Awareness. Unusual security requirements will be noted when applicable during the developmental phase of each individual order. The Contractor will exercise care to prevent unauthorized intrusions by locking gates, closing and locking doors and windows, and performing similar actions. In the event that a breach of security occurs notwithstanding the Contractor's efforts to prevent it, he shall immediately notify the local authorities having jurisdiction, reporting the occurrence and explaining the nature of the violation.

b. Security Requirements for Contractors.

1. All prime contractors and subcontractors performing services or duties under this contract shall comply with security rules and regulations generally applicable to all persons entering a military installation.

2. Contractor and subcontractor personnel performing services within exclusion areas or other highly sensitive areas will be required to be escorted by an appropriately cleared and authorized individual at all times while in such areas.

c. Key Control. The Contractor shall ensure that no keys issued to the Contractor by the Government are lost, misplaced, or used by unauthorized persons. The Contractor shall not duplicate Government keys without Contracting Officer approval. The Contractor shall:

1. Reimburse the Government for replacement of locks or re-keying required due to negligible loss of keys by the Contractor (as determined by the Contracting Officer). In the event a master key is lost, or found to have been duplicated by the Contractor without Government approval, all locks and keys for that system shall be replaced and the total cost charged against the Contractor.

2. Prohibit the use of Government-issued keys by any person other than authorized Contractor employees. The Contractor shall not permit entrance to locked areas to any person other than Contractor personnel engaged in performance of work in those areas without written authorization by the Contracting Officer. The Contracting Officer, the Contracting Officer's Representative (COR), and their designated representative(s) shall have access to any Contractor controlled point providing entry to any Government-owned property.

3. Ensure that all locks furnished, changed, re-keyed, replaced, and/or relocated shall be compatible with the existing master, grandmaster, etc., key system currently in place in the affected areas.

d. Personnel Security / EMPLOYEE IDENTIFICATION. All personnel employed by the Contractor or any representatives of the Contractor entering a Government installation or enclave shall conform to all security regulations which may be in effect during the contract period and shall be subject to such checks as may be deemed necessary to assure that no violations occur. No employee or representative will be permitted on any installation when such a check reveals that their presence would be detrimental to the physical or operational security of the installation.

The Contractor shall be responsible for providing positive identification of employees. Prior to beginning work on an order (or receiving a notice to proceed when applicable), the Contractor shall identify to the Contracting Officer, COR, Security Office (when designated), and affected Occupant(s) the Contractor/Subcontractor personnel who will be working on the order, and for supplying points of contact who shall be further responsible for identifying employees, subcontractors, vendors and delivery personnel.

C.1.9. Reserve Center/Installation Closings. When an unforeseen Reserve Center or Installation closing occurs on a regularly scheduled workday (due to unit deployment or other Government exigency), the Contractor shall be required to reschedule all affected work to days and times acceptable to the Government. When the Government is able to provide notice of the unforeseen closing the day prior to the affected workday(s), rescheduling effort shall be at no additional cost to the Government C.1.10. PERMITS, FEES, and LICENSES (NON-ENVIRONMENTAL): All permits, licenses, taxes, payment of fines and penalties for noncompliance, and associated fees shall be the responsibility of the Contractor. Items covered by this requirement include, but are not limited to: building permits, fees associated with hot work permits, State/City requirements for specially licensed or registered contractors to perform work, etc.

C.1.11. Salvageable and Repairable Materials.

a. Material or equipment classified by the Government as salvageable shall remain the property of the Government and shall be stored or disposed of as specified in the individual order. Otherwise, all materials removed and not reused in the projects shall become the property of the Contractor and shall be his responsibility for lawful disposal.

b. During the scope development site visit between the Contractor and the Government, an inventory will be taken during which salvageable materials and/or equipment will be identified. Items so identified will be documented as such in the Government's Request for Proposals.

c. All non-salvageable metals must be disposed of IAW applicable state regulations.

C.1.12. Work Site Maintenance.

a. All scrap and debris caused by the operations under this contract shall be policed up and removed at the end of each working day and disposed of properly.

b. All non-usable construction debris (wood, concrete, inert building materials, demolition waste, etc.) will be the property of the Contractor and his responsibility for proper disposal. The Contractor shall dispose of such debris at a landfill licensed by the applicable State to accept such waste. Disposal of demolition waste shall be in accordance with applicable state regulations. Contractor shall provide all necessary forms and information for disposal to the landfill operator and applicable State environmental regulatory agency.

c. Building(s) affected by work under this contract shall be maintained weatherproof at all times. While a work effort is being put forth (from Issuance of an Order to Acceptance by the Government), the Contractor shall be responsible for protecting personnel, furnishings, and facilities from water damage, dust, dirt, etc., resulting from work of each delivery order. The Contractor shall restore all such damaged items to their original condition at no additional expense to the Government. The Contractor will not be held responsible for damages due to pre-existing leaks or leaks which develop during the work of this contract that are determined to be unrelated to Contractor's operations. Excavations that are to be left open over-night shall be barricaded.

d. The contractor shall store all supplies and equipment IAW fire and safety codes at the location designated by/coordinated with the Contracting Officer's Representative (COR).

C.1.13. GOVERNMENT Equipment on Site. The Contractor shall cover equipment that is to remain in place within the area of contract operations to protect it against damage or loss. The Contractor shall, as directed, store equipment removed in the performance of work or reuse the equipment in work as required by the particular order. Equipment temporarily removed shall be protected, cleaned, and replaced in equal to or better than its condition prior to starting work. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the Contractor. Costs associated with the moving and temporary storage of government property must be included in the price bid for the applicable coefficients C.1.14. Trucking. The Contractor shall load trucks leaving any work site with loose debris in a manner that will prevent dropping of materials on streets. All vehicles transporting hot-mix compounds, sand, base course material, surfacing aggregates or dirt, or general debris related to work performance under this contract and traveling in excess of thirty-five (35) MPH shall have such materials covered with a tarpaulin canvas. The Contractor shall be responsible for cleaning up any materials that fall from trucks, and/or for damages caused thereby. Transportation of asbestos, hazardous materials/hazardous waste or general waste shall be carried out IAW Army, Federal, state and local laws and regulations.

C.1.15. Noise Control. The Contractor shall comply with all applicable state and local laws, ordinances, and regulations relative to noise control.

C.1.16. Moving of Furniture, etc.. Furniture, portable office equipment, and wall appurtenances not rigidly fastened to the walls in the immediate area of work ordered under this contract that is unable to be moved by the building occupant, shall be moved by the Contractor, protected from damage, and subsequently replaced to original position. Incidental costs associated with moving one-piece furnishings up to approximately 150 pounds to perform such tasks as painting, carpet or tile replacement, etc. are considered a general cost of building renovation and shall be included in the Contractor's Coefficient. If the work required by an order will not allow furniture and portable office equipment to be replaced to its original location, new locations will be designated by the Contracting Officer or the COR for replacement by the Contractor. (NOTE: Work of this nature shall be considered incidental to a project’s requirements; it is not the expectation of the Government that the Contractor shall be required to move out complete sets of office/building furnishings and/or equipment without reasonable consideration).

C.1.17. Damages. The Contractor shall take all precautions to ensure that no damage will result from his operations to private or public property. All damages resulting from the negligence of the Contractor or his subcontractor(s) shall be repaired or replaced by the Contractor at no cost to the Government.

C.1.18. Traffic Control. The Contractor shall be responsible for providing all necessary traffic control, such as street blockades, traffic cones, flagmen, etc., as required for each specific delivery order at no additional cost to the Government. Proposed traffic control methods shall be submitted to the Contracting Officer and COR for final approval. No street shall be completely closed to traffic except as approved by the Contracting Officer. A minimum of 72 hours prior to conducting work on roadways, the Contractor shall notify the COR of his intended start date.

C.1.19. Interruption of Utilities Service. All temporary outages of any utility services required for the performance of work under this contract shall be scheduled with the COR no less than 72 hours in advance of such outages, except in emergency situations as approved by the Contracting Officer or COR; the Contractor may request a waiver from this requirement from the COR when the utility outage will be of a very limited nature (e.g., within a few rooms of a building) and ample coordination has been made with the affected customer. If during work performance the Contractor has determined that a utilities related situation involves risk to life or substantial risk to property, utilities shall be immediately disrupted to reduce the emergency and alleviate the risk. If such a risk exists, or if such a disruption does occur, the Contractor shall notify the COR at the earliest practical time, and in no case later than 2 hours following the occurrence.

C.1.20. Delivery of Materials. It is the responsibility of the Contractor and/or his subcontractors to inform their vendors and truck drivers of the prime contractor's name, contract number and work site location for each delivery. Contractors will coordinate and provide escorts for suppliers' trucks from the perimeter gates to the job site as required. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.

C.1.21. Environmental Protection. All work shall be performed in accordance with (IAW) all DOD, DA, Federal, state, and local laws and regulations. The 88th RD DPW Environmental division requires completion of Environmental project review documentation prior to the commencement of a work order. The documentation will be in the form of a Record of Environmental Consideration (REC) or a Project Review Verification form. The REC contains instructions pertaining to individual facility conditions and environmental requirements relating to the work. Information contained within the REC shall be supplied to the Contractor completing the work.

a. Contractor Experience and Knowledge. The Contractor shall be Federally, State or Locally Certified/Permitted to perform specific environmental work defined in the scope of an order, as required by the applicable authority having jurisdiction. Copy of the applicable certification/permit shall be submitted to the Government for review a minimum of 10 working days in advance of scheduled work start date. As required in specific delivery orders, the Contractor shall provide documentation verifying that Contractor employees are OSHA and DOT certified to handle and transport hazardous waste/materials, and have received hazardous wastes/materials training IAW applicable Federal, state, and local laws and regulations. The Contractor shall also provide documentation which includes, but is not limited to: medical monitoring and respirator fit tests for each employee, as specific work mandates.

b. PERMITS, FEES, and LICENSES (ENVIRONMENTAL): All permits, licenses, and taxes required for performance of ordered work, and payment of fines, penalties, and associated fees for noncompliance or improper performance of applicable work shall be the responsibility of the Contractor.

c. COORDINATION: The Contractor shall coordinate and schedule all applicable work with the appropriate Federal, State and local government agencies, as required by those agencies.

d. DISPOSAL OF MATERIALS/WASTES: Drums and containers used during the course of work shall meet the appropriate DOT, and EPA regulations for the materials/wastes they will contain. Contractor shall manage, handle and dispose of hazardous waste and special waste in accordance with all state, federal and local laws and regulations. Copies of all applicable documentation shall be provided to the Government for approval 5 working days prior to shipment.

1. DISPOSAL OF WASTE - NATURAL MATERIALS: The Contractor shall dispose of wood chips, sawdust, leaves, and grass clippings generated by this project at a landfill licensed by the applicable State to accept such waste. The Contractor shall dispose of logs less than four inches (4") in diameter, and all limbs, twigs, and other brush at a landfill licensed by the applicable State to accept such waste. The Contractor shall dispose of logs greater than four inches (4") in diameter, and twelve feet (12') or less in length by sale or retention for sale, or by disposal at a landfill licensed by the applicable State to accept such waste. The Contractor shall dispose of tree stumps and all other natural waste materials at a landfill licensed by the applicable State to accept such waste.

2. DISPOSAL OF WASTE - FILL MATERIALS: The Contractor shall dispose of clean waste fill materials (concrete, rock, asphalt, and soil) at an off-site location. The Contractor shall dispose of contaminated waste fill materials at a landfill licensed by the applicable State to accept such waste. The Contractor shall provide all necessary information for disposal to the landfill operator, including any required testing of materials and completion of forms required by the applicable State environmental regulatory agency.

3. DISPOSAL OF HAZARDOUS WASTE: Contractor shall dispose of any wastes classified as hazardous wastes under the Resource Recovery and Conservation Act (RCRA) in accordance with all federal, state, and local laws regarding storage, manifesting, shipment, treatment, and disposal of such materials. Notification to, and approval by the Contracting Officer (or his/her representative) and the applicable State Environmental Coordinator (or his/her representative) is required prior to any action related to disposal of hazardous waste.

4. MANIFESTS / DOCUMENTATION: The Contractor shall provide the generator, at each site, a properly prepared hazardous/special waste manifest each time waste is offered for transportation off site. A written Land Disposal Restriction Notice shall accompany each hazardous/special waste manifest, as required. The Contractor shall ensure the completed manifest is returned to the generator within 35 days from the initial transporter’s date of signature. The Contractor shall provide the generator at each site a certification of disposal statement for each hazardous/special waste manifest initiated. The Contractor shall also document all waste disposals by delivering to the COR copies of the landfill disposal form signed and dated by the landfill operator which shows the nature, amount, and location of materials delivered to the landfill. In case of sale of logs or retention for sale of logs, the Contractor shall provide a signed statement indicating the disposition of the logs. Copies of this documentation shall be provided to the Contracting Officer prior to requesting final payment on the affected order(s). Within 14 days of completion of a delivery order the Contractor shall provide a summary including weights of the construction and demolition debris generated during the project to the COR.

The work outlined above is a subsidiary portion of the contract work, and is assigned a value of 5% of the value of each affected project. The Contractor shall assign a value of that amount in the breakdown for progress payments. If the Contractor fails to maintain and provide environmental documentation as required herein, the Government will consider that satisfactory progress has not been achieved, thereby requiring the retention of 5% from any request for progress payment, on top of any other retainage applied for cause.

(a) Generator Identification Numbers: A listing of EPA and State Hazardous Waste Generator Identification numbers and the names of authorized representatives to sign necessary documents will be provided to the Contractor as required.

f. TRANSPORTATION: Transporting of material/wastes removed from the premises shall be in accordance with all state, federal, and local laws and regulations. Name, address and identification numbers of Transporter to be utilized shall be provided to the Government for approval 10 working days prior to shipment. The Contractor shall certify to the Contracting Officer in writing that material/waste being shipped is properly classified, described, packaged, marked, and labeled.

g. WASTE DESTINATION: The Contractor shall utilize a Resource Conservation and Recovery Act (RCRA) approved Treatment, Storage and Disposal Facility (TSDF) or approved landfill.

1. APPROVAL OF TSDF AND/OR LANDFILL: The Government will have and exercise full and complete control over determining suitability of the TSDF. The Contractor shall submit (a minimum of 10 working days prior to shipment) for approval, the following information on the proposed TSDF:

1. Name and Address

2. US EPA Identification Number and Site Code

3. Copy of current permit to operate a hazardous waste treatment, storage and disposal facility

4. Final destination and method of disposition of hazardous waste

h. RECYCLING: The Contractor shall recycle products whenever possible. Recycling shall be in accordance with all state, federal and local laws and regulations. Materials identifiable as recyclable for off-post projects shall be delivered to the appropriate regional recycling center.

i. SPILLS: Spills of hazardous materials/wastes, due to Contractor negligence, shall be cleaned up to the satisfaction of the governing regulatory agency (Federal, State or Local) at the Contractors expense. Spills must be reported immediately to the Contracting Officer, COR, local Fire Department. Proper notifications shall be made to regulating authorities by Contract personnel within the specified time frames in accordance with all Federal, State and Local laws and regulations. Contractor shall provide verification, as required, that Contractor employees are properly trained in spill response and cleanup in accordance with all Federal, State and Local laws and regulations.

j. WASTEWATER DISCHARGES: All wastewater to be discharged or disposed of will be the responsibility of the Contractor. Disposal method shall be in accordance with all applicable Federal, State and Local laws and regulations.

k. CONTAMINATION DISCOVERY: In the event contamination is discovered during performance under this contract, the Contractor shall notify the Contracting Officer and the COR within 2 hours of discovery. The Contractor shall cease all activity in the area of the discovered unidentified contamination, and shall not commence work in that area until so directed by the Contracting Officer (CO). The Contractor shall contact the appropriate Federal, State and local authorities to report the contamination within 24 hours of discovery.

l. REPORTING: The Contractor shall be required to prepare all required regulatory reports necessary for environmental compliance and submit them through the CO, to the appropriate environmental agency for review and approval. The Contractor shall certify his work, as accurate and true, each time a report is furnished. The Government will sign the reports as Owner/Operator and forward to the appropriate agency. All reports are required to be submitted on the original forms provided by the regulating agency. All reports shall be provided in a timely manner so they arrive to the COR a minimum of 10 working days prior to the regulated due date at the governing environmental agency. The Contractor shall prepare any and all reports required and insure specified regulatory time requirements are adhered to.

m. SAMPLING: The Contractor shall take any and all samples required at each site. Samples shall be collected using EPA approved sampling methods. Samples shall be tested in accordance with the EPA Method recommended for the contaminant of concern and bearing media, and all testing shall be performed by an accredited laboratory acceptable to the governing regulatory agency. The Government will take intermittent split samples for quality assurance at its discretion. The Contractor shall inform the Contracting Officer and the COR 3 working days prior to taking any samples. Contractor shall provide verification, as required, that Contractor employees are properly trained to perform sampling in accordance with all Federal, State and Local laws and regulations. Any and all laboratory results from sampling shall be provided to the COR.

n. CHAIN OF CUSTODY PROCEDURES: Chain of custody procedures shall be employed for samples taken in accordance with all Federal, State and local laws and regulations. Records shall be made available to the Contracting Officer on request.

o. RESTORATION: The Contractor shall perform all work required to achieve cleanup levels and restore site to the satisfaction of the governing regulatory Government agency. Cleanup shall be performed in accordance with all Federal, State and Local laws and regulations.

p. CORRESPONDENCE: The Contractor shall provide the Contracting Officer, and the COR copies of all correspondence with any environmental regulatory agency as required under this contract.

q. PROFESSIONAL SERVICES: The Contractor shall provide all professional services necessary to perform work under this contract, as required, by Federal, State, and Local laws and regulations.

r. APPLICABLE LAWS, REGULATIONS, STATUTES AND ACTS: The Contractor shall adhere to applicable Federal, State, and Local documents. When there is a conflict, the most stringent shall apply. Supplements and/or amendments may be issued during the life of the contract and shall be considered to be in full force and effect as to the effective date of the supplement and/or amendment unless it impacts upon contract price. In such cases the Contractor shall notify the Contracting Officer prior to implementing changes. Performance in these cases shall begin only upon receipt of a Modification issued by the Contracting Officer.

s. ASBESTOS. Maintenance, modification or demolition activities where exposure to asbestos dust may occur from previously installed friable or non-friable asbestos containing material will be identified by the Contractor. All precautions, to include proper work practices, medical surveillance, respiratory protection, industrial hygiene requirements of OSHA (29 CFR 1910.1001 and 1926.58) and environmental protection requirements of EPA (40 CFR 61.140-156) and DA Circular 40-83-4, as applicable and as amended, shall be strictly adhered to.

1. The Government will identify the known existence of asbestos in areas where work is to be performed under individual orders prior to the issuance of the order. However, the Contractor shall report any unforeseen findings of asbestos to the Contracting Officer's Representative (COR) prior to initiating any further actions in the area of discovery under the affected order.

2. An abatement report to describe the work performed, a copy of the Contractor’s license, permits for the completion of the work and disposal manifests shall be provided to the COR.

SECTION C.2.

DEFINITIONS AND ACRONYMS

C.2.1. Definitions. As used throughout this contract, the following terms shall have the meaning set forth below:

a. CoefficientS:

1. PREPRICED: Location-specific multiplier(s), developed and bid by the Contractor, to be applied against the published Unit Price Book cost line items for the purpose of providing consideration to the Contractor for the following in-direct costs: over-all contract & individual project management and supervision; profit; office rental & expenses; Contract Quality Control; worker safety equipment; environmental protection; mobilization and close out for the total contract as well as personnel & small tools/equipment for each project order; consultant fees; all waste and excess material; incidental construction debris removal and site cleanup; UPB costs confidence (to include issues regarding how the cost data are captured and the size/types of projects they reflect); allowance for differences between location-specific Davis-Bacon wage rates and the rates used in the UPB line items; protection and/or incidental moving of Government property (i.e. furniture, etc.); contingencies; interest associated with funding of equipment and payroll; travel; depreciation of equipment or facilities; employee payroll taxes; sales taxes not covered by Government-furnished tax exemption certificates; performance and payment bonding; insurance (to include Builder's Risk for new construction); payroll fringe benefits; risk of lower project volume than expected; risk of inflation costs; risk of poor or late (sub)contractor performance and requirement for re-performance; variances in subcontractor or worker availability, & other local market conditions for each site not addressed by MEANS Location Factors; business taxes, contributions, memberships, corporate headquarters support, other risks of doing business; acceptance testing; work-site security; etc..

2. NON-PREPRICED: Multiplier to be applied against validated direct-price quotations for work not covered by the contract UPB. Coverage for the same issues as those for PREPRICED coefficients except the allowance for differences between UPB and location-specific Davis-Bacon wage rates (as this is not applicable), and consideration for actual/estimated inflation and or other market fluxations occurring after UPB production through the end of the contract base period will not apply (i.e., coefficient shall be applied to "current" costs in lieu of dated UPB costs).

b. COMPLETE, IN-PLACE CONSTRUCTION. Work having all necessary or normal parts, elements, or steps provided at its specified location resulting in products that are fully functional, without the need for additional labor, materials, and/or equipment in order to reach its fully functional and intended state. Work includes fasteners, anchors, standard applicable testing, balancing, and commissioning.

c. Contracting Officer (CO). A person duly appointed with the authority to enter into and administer contracts on behalf of the Government.

d. Contracting Officer's Representative (COR). An individual designated in writing by the CO to act as an authorized representative of the CO to perform specific contract administrative and execution functions.

e. Hazardous Materials. Refer to hazardous and toxic materials/substances included in Sub-parts H and Z of 29 CFR 1910 and to others as additionally defined in Fed. Std. 313. Those most commonly encountered include asbestos, polychlorinated biphenyl’s (PCB), solvents, petroleum and paints but does include others. The most likely products to contain asbestos are sprayed-on fire-proofing, floor tile, insulation, siding, roofing, boiler lagging/gaskets, and pipe covering.

f. Non-pre-priced (NPP) Work. Non-pre-priced items of work are those items required to provide the intended end product of a project that are not part of the contract UPB, but can be utilized in accordance with the procedures defined in Section C.4. If the negotiated NPP portion of a project > 10% of the total cost, the project is typically not appropriate for JOC and an order will not be issued for that particular project.

g. Quality Assurance. Those actions taken by the Government to assure that the quality of purchased work is acceptable and in accordance with the specified requirements of the contract/project order.

h. Quality Control. Those actions taken by the contractor to control the execution of the specified work so that it meets the requirements of the contract/project order.

i. QUALIFICATION STANDARDS. Quantifiable and enforceable criteria negotiated with the Contractor, establishing minimum requirements and/or conditions necessary to successfully execute the responsibilities of a given position, against which applicants for employment are evaluated.

j. DIRECT COSTS: Those costs directly attributable to the physical performance of a specified item of work.

C.2.2. Acronyms.

AFRC

- Armed Forces Reserve Center

AMSA

- Area Maintenance Support Activity

ASF

- Aviation Support Facility

CLIN

- Contract Line Item Number

CO

- Contracting Officer

COB

- “close of business”

COR

- Contracting Officer's Representative

DPW

- Directorate of Public Works

EPA

- Environmental Protection Agency

FLW

- Fort Leonard Wood

GFE

- Government Furnished Equipment

GFM

- Government Furnished Material

IAW

- "in accordance with"

JOC

- Job Order Contract / Job Order Construction

LORA

- Lake Ozark Recreation Area

NLT

- “no later than”

NPP

- non-pre-priced

PM

- Government Project Manager

PWS

- Performance Work Statement (Contract)

RRC

- Regional Readiness Command

SOW

- scope of work

UPB

- Unit Price Book

USAR

- US Army Reserve

USARC – US Army Reserve Center

SECTION C.3.

GOVER…