SOW_17-R-0017_JOC_13_Feb_17.pdf

STATEMENT OF WORK - JOB ORDER CONTRACT AT FORT KNOX, KENTUCKY

1. CONTRACT DESCRIPTION

a. The contract is for a broad range of maintenance, repair, and minor construction work on real property for the installation at Fort Knox, Kentucky. The work is required in support of the Directorate of Public Works activities. The contract will be an indefinite-delivery/indefinite-quantity (ID/IQ) type contract and will cover a wide variety of individual construction tasks. During the contract period, the government will identify construction tasks required to complete each specific job and will issue individual delivery orders to the contractor to complete those jobs. The contractor shall be required to furnish all materials, equipment, labor, supervision, and transportation necessary to manage and accomplish the jobs. The individual jobs will vary in size, with the majority expected to be small to medium in size. The jobs may cover all aspects of repair or construction listed in R.S. Means. NOTE: The contractor shall at all times maintain a complete set of contract documents at its local office, to include: a current R.S. Means (UPB), specifications, contract, approved submittal log, and JOC manuals.

b. JOC contracts may be awarded to multiple contractors. Each contractor shall have a guaranteed minimum dollar amount that will be awarded for the three (3) year contract period.

2. JOB ORDER CONTRACT SPECIFICATIONS AND FORT KNOX STANDARDS

Job Order Contract Specifications and Fort Knox Standards shall be used to perform all work called for under this contract. The purpose of these specifications and standards is to furnish concise industrial and/or commercial standards for maintenance and repair of government facilities. Job Order Contract Specifications are at Attachment 1. Fort Knox Standards are at Attachment 2.

3. UNIT PRICE BOOK (UPB) & SOFTWARE

a. The UPB and the approved compatible estimating software shall be utilized for all applicable pricing under this contract. Government designated 2017 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 adjustments in the price for the delivery order.

The estimating software shall be RSMeans or approved equal, fully compatible with the MEANS databases, and shall readily accommodate the application of the location factors (Louisville, KY), the contractor’s coefficients, and the incorporation of non-pre-priced cost items. See Attachment 3 for more specific details.

b. 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), and include OH&P considerations for the executing (or sub) contractor level. See Attachment 3 for more specific details.

c. All indirect costs at the prime contractor level shall be covered by the Contractor’s coefficient(s). In addition to the costs defined elsewhere herein, the Contractor’s coefficient shall include consideration for anticipated yearly inflation and or other market fluctuations occurring through the end of the contract period.

4. MOBILIZATION PLAN

a. Immediately upon contract award, the contractor shall begin mobilization of its on-post office and staff. Within 30 calendar days after contract award, the contractor shall be fully operational and capable of immediately starting work on any required delivery orders.

b. Within ten calendar days after contract award, the contractor shall:

1. Submit Performance and Payment Bonds in accordance with Section 00700, FAR Clause 52.228-15 titled “Performance and Payment Bonds -- Construction”;

2. Submit required proof of insurance in accordance with Section 00700, FAR Clause 52.228-5 titled “Insurance - Work on a Government Installation”;

3. Submit for approval, an Accident Prevention Plan;

4. Submit for approval, a Quality Control Plan in accordance with Paragraph 24(d); and

5. Make contact with the Contracting Officer to schedule a pre-construction conference.

c. Within 15 calendar days after contract award, the contractor shall:

1. Initiate mobilization to the contractor’s facility and lay down area located at Fort Knox, Kentucky;

and

2. Initiate utility hookups at the contractor’s site.

d. Within 30 calendar days after contract award, the contractor shall:

1. Have all essential and critical staff members on site; and

2. Be fully operational and capable of immediately starting work on any required delivery orders.

5. PHASE-OUT PLAN

The contractor shall develop and submit to the Contracting Officer a contract phase-out plan 90 calendar days prior to the expiration of the contract, including option periods. The plan shall fully describe how the contractor shall approach the following issues:

a. Completion of on-going projects including projects that will not be completed prior to the contract expiration date;

b. Warranty procedures to be followed by the government after the contractor is no longer on site;

c. Removal of contractor-furnished trailers including clean-up and restoration of the government land; and

d. Clean-up and turn-in of contractor’s on-post storage areas.

6. PACKAGING AND MARKING

All shipments under this contract shall be preserved, packaged, packed and marked in accordance with best commercial practices to meet the packing requirements of the carrier and insure safe delivery at destination.

7. PAYMENTS

A. “Request for Payment" (invoice) shall be submitted on Form Number SFCA-SR-KN 4667-E, Contract Progress Payment, in duplicate, to the Mission Installation Contracting Command, Contract Administration Division, Building 1109B, 2nd Floor, Fort Knox, Kentucky 40121-5720.

The contractor name and address submitted on this form must match Blocks 14 and 16 of the contract. All invoices (except the final invoice) must be submitted to equal a whole percentage of the contract price (i.e. 22.00%, not 22.16%). Invoices submitted in other than whole percentages will not be processed and will be returned to the contractor for correction.

B. Pursuant to Federal Acquisition Regulation (FAR) Clause 52.232-5 entitled "Payments under Fixed-

Price Construction Contracts", all requests for progress payments shall be accompanied with a contractor certification. Failure to provide this completed certification will result in nonpayment of the invoice.

C. Pursuant to FAR Clause 52.232-5, a release of claims shall accompany the final payment request for each delivery order. Failure to provide a completed release of claims will result in nonpayment of the invoice.

D. The Contracting Officer will furnish the contractor certification form and the release of claim form upon contract award or upon issuance of the delivery order.

E. The filing of a false certification or claim is a federal crime. 18 Unites States Code, Sections 287 and 1001.

F. Payment will be made by the payment office listed on the individual delivery order(s).

8. INVOICES AND PAYMENT STATUS INQUIRY

a. The contractor shall submit invoices/ progress payment requests on Form Number ATZK DC 4667, Contract Payment Estimate, in duplicate, to the Mission Installation Contracting Command, Contract Administration Division, Building 1109B, Room 250, 2nd Floor, and Fort Knox, Kentucky 40121-5720. The Contracting Officer will validate the status of performance and forward approved invoices to the applicable Finance office for payment.

b. Contract payment status may be found using MyInvoice at https://myinvoice.csd.disa.mil.

9. ADVERTISING ON CONTRACTOR VEHICLES

Advertising displayed on contractor vehicles is permitted provided that the advertising is so worded as not to imply Army or United States Government approval or sanction of the advertised service and which is not embarrassing or detrimental to the military.

10. REQUIRED INSURANCE

A. The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(1) WORKMEN’S COMPENSATION:

The required workmen's compensation insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.00.

(2) COMPREHENSIVE GENERAL LIABILITY WITH MINIMUM LIMITS OF:

Per accident or occurrence for bodily injury: $500,000.00.

This insurance shall include contractor's protective liability and contractual liability.

(3) COMPREHENSIVE AUTOM0BILE LIABILITY WITH MINIMUM LIMITS OF:

Per person: $200,000.00 Per accident for bodily injury: $500,000.00 Per accident for property damage: $ 20,000.00

B. Prior to commencement or work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the government in such insurance shall not be effective for such periods as may be prescribed by the laws or the state in which this contract is to be performed.

C. The contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder.

11. CONTRACT ADMINISTRATION

a. Contract Administration will be performed by:

Mission Installation Contracting Command Contract Administration Division SFCA SR KN, Bldg 1109B Fort Knox, KY 40121-5720 Telephone 502-624-8045

b. A contract administrator will be assigned to administer the contract after award. However, the Contracting Officer is responsible for the administration of this contract and, alone, is authorized to take actions on behalf of the government, which result in changes in the terms of the contracts including deviations from specifications or drawings. All correspondence or telephonic inquiries addressed to the Contract Administration Division shall include the applicable contract number.

12. NOTICE OF COMPLETION OF DELIVERY ORDER

The contractor shall notify the contract inspector upon completion of each individual delivery order. The contractor shall give five days minimum advance notice of the date the work will be fully completed and ready for final inspection. Final inspection must be performed at least five working days in advance of the negotiated delivery order completion date. All punch list items shall be completed within the construction time period for the project, with Final Record Drawings submitted to the inspector and DD form 1354 “Transfer and Acceptance of DOD Real Property” form completed and turned into the DPW-ESD Project Manager for each project, located in Bldg 1110 Third Floor.

13. PERFORMANCE

a. This is an indefinite-delivery indefinite-quantity (ID/IQ) contract for the repair and/or construction of the items specified, effective for a three (3) year contract period.

b. Delivery or performance shall be specified on each individual delivery order issued hereunder.

Individual order performance time will be negotiated in accordance with paragraph 61, entitled "Ordering Procedures” contained in this section.

14. HOURS OF WORK

a. Inasmuch as this installation observes a normal five-day, 40-hour work week, Monday through Friday (excluding legal public holidays), the contractor shall schedule their working hours between 7:30 a.m. - 6:00 p.m., to coincide with the working hours of the installation. No construction work shall be performed during other workdays or during other hours without the written authority of the Contracting Officer. It is estimated that approximately 1% of the work accomplished under this contract will be will be performed during other than normal working hours.

b. Days that have been established as legal public holidays, Reference 5 U.S.C. Section 6103(a), are:

New Years Day 1 January Martin Luther King Jr’s Birthday 3d Monday in January Washington's Birthday 3d Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day 1ST Monday in September Columbus Day 2D Monday in October Veterans Day 11 November Thanksgiving Day 4TH Thursday in November

15. QUALITY ASSURANCE EVALUATOR (QAE)/ CONTRACTING OFFICER

Throughout this contract, the words ”inspected," "selected," or "accepted" shall mean as inspected, selected or accepted by the quality assurance evaluator (QAE)/contract inspector. The words "directed", "approved" or "authorized" shall mean directed, approved, or authorized by the Contracting Officer. These definitions are provided as guidance for the contractor, and shall serve as the governing interpretation when this language appears within the body of this contract and appears to conflict with the above.

16. CONTRACTOR’S OFFICE / EQUIPMENT AND MATERIALS STORAGE

a. Definitions.

(1) Contractors’ Row, as used in this clause, means the area designated by the government for the storage of construction trailers, construction offices, and construction materials.

(2) Inspection Branch means the DPW Contract Inspection Branch, which is the government’s duly authorized representative in all matters concerning Contractors’ Row and sites for setting a contractor's construction trailers.

b. The contractor shall be required to maintain a local staff at a site on post located on Queen Street (i.e.

Contractor’s Row) furnished with a suitable temporary structure (trailer) and utilities connected at its expense (see paragraph d). The government will make available Contractors' Row or other premises for the contractor to utilize for the storage of equipment and materials being used for the performance of this contract. Space on Contractor’s Row shall be without any representations or warranties whatsoever and without any obligations on the part of the government.

c The contractor's use of Contractors' Row shall be:

1. Without cost or expense to the government;

2. Subject to the right of the government to improve, use or maintain the premises;

3. Personal to the contractor and any interest therein, may not be transferred; and

4. Subject to continued performance of contract. .

d. The cost of utilities, such as electricity, water, sewage, etc., for the contractor’s local office and storage facilities on the installation shall be the responsibility of the contractor. The government will identify service tie-in points but connections to these tie-in points shall be the responsibility of the contractor. Telephone service shall be the responsibility of the contractor. The contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. The contractor shall obtain the written approval of the Contracting Officer prior to any desired hookup. A minimum of seven calendar days shall be allowed for this action. Within 30 days after termination and/or expiration of this contract, the contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. The contractor shall submit a reimbursable customer agreement form to Inspection Branch after the service is ready to be connected to the utility. Inspection Branch will inspect and request the service to be connected by the DPW Contractor or shop personnel. The government will be under no obligation to furnish utilities or services. Payments shall be made promptly upon receipt of bill. Failure to pay in a timely manner will result in services being disconnected and the contractor being evicted.

e. The contractor shall keep the premises in good order and in a clean, safe condition by and at the expense of the contractor. The contractor shall be responsible for any damage that may be caused to the property of the government by the activities of the contractor. The contractor shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes.

Any property of the government damaged or destroyed by the contractor shall be promptly repaired or replaced to the satisfaction of the inspection branch.

f. The government will not be responsible for damages to property or injuries to persons which may arise from or be incident to the contractor's use of the storage site or for damages to the property of the contractor, or for damages to the property or injuries to the contractor’s officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the contractor shall hold the government harmless from any and all such claims.

g. No later than 30 calendar days after termination or expiration of this contract, the contractor shall vacate the premises, remove property, and restore the premises to a condition satisfactory to Inspection Branch. If, for whatever reason, the contract is terminated, the contractor shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time that Inspection Branch may designate. In either event, if the contractor shall fail or neglect to remove said property and restore the premises, then at the option of the Inspection Branch, the property shall be considered abandoned by the contractor and disposed of as abandoned property, or the government will cause the property to be removed.

In either case, no claim for damages against the government will be created by or made on account of such disposal, removal and/or restoration work. The contractor shall also pay the government on demand any sum which may be expended by the government after the expiration, revocation, or termination of the contract in removing and/or restoring the premises.

h. The contractor shall protect the premises against pollution of its air, ground, and water. The contractor shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any federal, state, interstate, or local government agency having jurisdiction to abate or prevent pollution. The disposals of any toxic or hazardous materials within the premises are specifically prohibited. The contractor shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance.

i. The contractor shall use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the contractor’s activities, the contractor shall be liable to restore the damaged resources.

j. The contractor shall obtain written approval from the Contracting Officer before any pesticides or herbicides are applied to the premise.

k. The contractor shall police and maintain its assigned area (maintenance includes the mowing of grass and weeds) in a condition acceptable to Inspection Branch throughout the life of the contract.

l. All materials, supplies, and recyclables shall be stored in the storage trailers.

m. All permanent type office trailers shall be tied down and underpinned.

n. All trailers and storage facilities shall display a placard that includes the contractor’s name, contract number, and a telephone number for a local point of contact.

o. Trailers and site shall conform to the minimum standards for Installation Design Guidance with respect to color, sitting, and landscaping. Trailer unit(s) shall be a light tan or cream color. Unit(s) shall be skirted around the entire perimeter with a minimum of landscaping supplied as foundation planting. Sketch plans of the landscaping and sample colors shall be approved prior to location of the unit(s). Maintenance in excellent condition shall be the responsibility of the contractor. Under no circumstances are these units to be considered real property or to be designated with permanent building location numbers.

17. CONTRACTOR STAFF

The contractor's on-site project staff, as a minimum, shall consist of: Senior Project Manager, Estimator, Quality Control (QC) Manager, Safety/Health Representative, and Office Manager. Additional staff shall serve as necessary to support the JOC contract: technical project managers; estimators; and CAD operator.

Within ten days after contract award, the contractor shall provide to the Contracting Officer an employee roster identifying the contractor’s on-site project staff. The roster shall include the individual’s name and job title. The contractor shall notify the Contracting Officer in writing when any on-staff employee’s employment is terminated for any reason. The contractor shall, subject to concurrence of the Contracting Officer, promptly replace such personnel with personnel of at least substantially equal ability and qualifications, within 30 days of said loss. All Staff phones shall have a local Area code, including cell phones.

18. PERSONNEL QUALIFICATION

a. The government reserves the right to review the qualifications of contractor personnel performing under this contract. If the Contracting Officer questions the individual’s qualifications, the burden of proof to sustain that the person is qualified as prescribed herein will be upon the contractor.

b. Contractor personnel shall meet or exceed the minimum qualifications stated in paragraphs e (1) through e (5) below.

c. In the event the contractor shall to use a project manager or a quality control manager other than that for which a resume was submitted, the contractor shall, prior to the utilization of these personnel, submit their resumes to the Contracting Officer for review. If the Contracting Officer questions the individual’s qualifications, the burden of proof to sustain that the person is qualified as prescribed herein will be upon the contractor.

d. The contractor shall be responsible for utilizing trained personnel to perform the testing outlined in this document. The Contracting Officer reserves the right to determine if a given work history contains necessary and sufficient, directly related experience to reasonably ensure the ability for effective and efficient performance.

e. The following personnel qualifications must be met:

(1) Sr. PROJECT MANAGER (PM) - Serves as a full time local project manager. The contractor shall provide at least one project manager dedicated to the Job Order Contract. The contractor shall provide the Contracting Officer the name of the individual who will serve in the project manager's capacity during any projected absence of the project manager. The project manager or alternate shall return all calls from the Contracting Officer within thirty minutes for call received between the hours of 7:30 a.m. to 3:30 p.m.

EDST. During all other hours, the project manager or alternate shall return all calls from the Contracting Officer within the first two hours of the following work day. Project Manager(s) shall

a. have a minimum of five years experience in building construction supervisory positions, i.e., project manager and/or construction superintendent, three of which are experience as a project manager for JOC, TOC, or SABER contracts.

b. have capability to direct work requiring extensive understanding of and intimate familiarity with the principles, methods, and techniques of architectural, civil, mechanical, fire sprinkler/alarms and electrical engineering, with no one discipline predominating;

c. have sufficient technical capabilities to coordinate, acquire and respond to the governments requirements for technical design as it relates to the production of final record drawings.

d. have ability to negotiate and manage multiple projects at the same time;

e. be able to recruit and manage qualified subcontractors in all construction disciplines;

f. be able to respond in a timely manner to all contractual agreements, instructions, and inquiries from authorized government personnel;

g. be capable of preparing project proposals and be authorized to negotiate; and

h. accept individual delivery orders issued under the contract.

(2) ESTIMATOR - Serves as necessary to support the JOC contract. The estimator

a. will have a minimum of three years experience as a senior estimator in the building construction industry;

b. shall have extensive understanding of and intimate familiarity with the principles, methods, and techniques of architectural, civil, mechanical and electrical engineering, with no one discipline predominating;

c. shall possess extensive knowledge and understanding of the R.S. Means, from which he will make his estimates that will be included in the projected proposal(s);

d. in the absence of the project manager, shall prepare and be authorized to negotiate project proposals;

e. shall have thorough knowledge of the labor laws, Davis/Bacon Act and schedule of wages;

f. shall also have the capability to supervise subcontractors and perform periodic construction inspections.

(3) CONTRACTOR'S QUALITY CONTROI, (CQC) MANAGER - Serves as a full time, local contractor quality control dedicated to the JOC contract.

The CQC system consists of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, construction, and operations, which comply with, contract requirements. The CQC manager works independently of the other contractor local personnel. The CQC manager, as a minimum, shall

a. have formal QC education and/or training in building construction inspection;

b. have a minimum of three years experience as a QC manager and/or senior QC inspector in the building construction industry;

c. be capable of establishing and maintaining an effective quality control system that is in compliance with Section 00700, clause "Inspection of Construction";

d. be able to perform daily QC inspections on all active construction projects; and send a daily report to the government QAE on all active projects; and

e. have the ability to assist PM in preparation of critical path construction schedules.

f. have environmental training and capable of preparing: KY Erosion Prevention and Sediment Control, enforcing Asbestos, Lead and Mold remediation per KY and local codes, rules and practices.

The Safety and Health Representative, as a minimum, shall

a. have two years related construction experience.

b. have one year related Safety/Health supervision experience in construction or industrial work.

c. must report directly to the CEO of the company, may not be dual hatted on construction site assigned.

d. responsible for all OSHA/Safety regulations for construction sites.

(4) SAFETY/ HEALTH REPRESENTATIVE Serves as necessary to support the JOC contract. As a minimum, the COM shall

a. have two years related construction experience.

b. have one year related Safety/Health supervision experience in construction or industrial work.

c. report directly to the CEO of the company, may not be dual hatted on construction site assigned.

d. be responsible for all OSHA/Safety regulations for construction sites.

(5) CONTRACTOR OFFICE MANAGER (COM) - Serves as necessary to support the JOC contract.

As a minimum, the COM shall

a. have an extensive background in accounting and bookkeeping;

b. be computer literate and capable of producing different types of media files (i.e. Word, excel, PPT, PDF, paint, etc.);

c. be capable of dealing with all levels of management both contractor, subcontractor, and government officials; as well as with subcontractor personnel;

d. have the capability for setting-up, managing, and maintaining file system;

e. be familiar with proposal preparation

f. know and understand the JOC concept and contract;

g. have knowledge and understanding of government labor laws and regulations as well as subcontractor payrolls; and

h. have the capability and authority to act as a purchasing agent and expediter.

(6) CAD OPERATOR (not required for minimum staffing) - Serves as necessary to support the JOC contract. As a minimum, candidates should have two years experience in engineering or computer aided drafting and AutoCAD. AutoCAD experience should consist of electrical, mechanical, or architectural subsystem; candidates should work well in a multi-discipline project environment and possess the skills necessary to prepare technical drawings using established standards under the direction of engineering staff.

19. UTILITIES (WORK RELATED)

It has been determined by the Contracting Officer that the existing electrical, water, natural gas, and sewer systems are adequate for the needs of both the government and the contractor. All utilities (excluding utilities for contractor owned and/or leased office and storage facilities, in accordance with Paragraph 16(d), shall be furnished by the government without charge to the contractor. The contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Contractor shall obtain the written approval of the Contracting Officer prior to any desired hookup. A minimum of seven calendar days shall be allowed for this action.

Before final acceptance by the government, the contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia from the job site. Contractor shall be responsible for removing any BUD markings prior to the completion of the project. Any contractor found wasting a utility supplied by the government is subject to fees of reimbursement for said waste.

20. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The contractor shall commence work required by a delivery order at the time specified on the delivery order, prosecute the work, and complete the entire work not later than the completion time specified on the delivery order. Each signed delivery order shall be considered notice to proceed for that particular project unless otherwise noted in the delivery order. The time stated for completion shall include final cleanup of the premises. (See Section 00700- Contract Clauses, FAR 52.211-10).

21. SCHEDULING WORK

a. Before commencing any of the work under an individual delivery order, the contractor shall confer with the QAE and agree on a sequence of procedure; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications, and the location of partitions, eating spaces, and restrooms for contractor employees.

a. Normally, furniture and portable office equipment in the immediate area will be moved by the user.

The contractor shall be required to remove carpet. If the equipment has not been moved in time for contractor to proceed with his work, contractor shall immediately notify the Contracting Officer.

c. Delivery of materials and equipment shall be made with a minimum of interference to government Operations and personnel.

d. The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections or divisions is begun.

22. PERFORMANCE OF WORK

All work performed under this contract shall conform to shop drawing and/or specifications or to current industry standards when not specified and shall be executed in a careful and orderly manner by workmen skilled in their respective trades.

23. MATERIAL APPROVAL SUBMITTALS

Before the commencement of work under each delivery order, all materials and articles requiring approval, as contemplated by the Materials and Workmanship clause, shall be submitted by the contractor using the forms furnished. The following shall be submitted by the contractor to the Contracting Officer for approval, prior to installation of any materials referenced by the technical sections herein, unless otherwise noted:

a. Certificates of Compliance: The contractor shall furnish in triplicate any manufacturer's certificates required for demonstrating proof of compliance of materials with technical specification requirements in this contract. Each certificate shall be signed by an authorized officer of the manufacturing company and shall contain the name and address of the contractor, the project name, location, and the quantity and dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date of the tests to which the report applies. Certification shall not be construed as relieving the contractor from furnishing satisfactory material, if after tests are performed on selected samples, the material is found not to meet the specific requirements.

b. Samples: The contractor shall furnish samples of materials for approval, as required by the applicable sections of the technical specifications.

c. Descriptive Data: The contractor shall furnish the manufacturer's descriptive data, installation instructions, and maintenance instructions, for approval, as required by the applicable sections of the technical specifications.

d. Test Reports: The contractor shall furnish copies of test reports for approval, as required by the applicable sections of the technical specifications.

e. Shop Drawings: The contractor shall furnish for approval shop drawings that consist of illustrations, schedules, performance charts, instructions, brochures, diagrams, drawings, and other information to illustrate and/or demonstrate compliance to the applicable sections of the technical specifications.

24. CONTRACTOR QUALITY CONTROL

a. The contractor shall provide and maintain an effective quality control program that complies with the contract clause entitled "Inspection of Construction" FAR 52.246-12, the below stated quality control requirements, and the quality control requirements stated in the respective section of the specifications.

b. The contractor shall establish a quality control system to perform sufficient inspection and testing of all items of work, including that of his sub-contractors. The quality control system shall ensure conformance with applicable specifications and drawings with respect to materials, workmanship, construction, finish, functional performance, and identification. The quality control system shall be established for all construction except where the technical provisions of the contract provide for specific government control by inspections, tests, and other means. The contractor's control system will specifically include the surveillance and tests required in the technical provisions of the contract specifications. For purposes of the above description, shop manufacture of standard products is not defined as construction. Quality control personnel shall also be charged with the responsibility of policing contractor's safety program. This duty shall be clearly set forth in the quality control program.

c. The contractor shall maintain current records of all inspections and tests performed on an appropriate approved format to be determined in the pre-construction conference and to be approved by the Contracting Officer. These records shall provide factual evidence that the required inspection or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records shall cover both conforming and defective items and shall include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Contracting Officer daily. Records will be verified by the contractor's designated representative daily.

d. No later than 10 days after contract award, the contractor shall furnish to the Contracting Officer for approval an original and four copies of a basic quality control (QC) plan which will be used for the term of the contract. The contractor shall furnish to the Contracting Officer for approval no later than seven calendar days after receipt of each delivery order a revision or addendum (original and four copies) to the basic QC plan which addresses any unique requirements of that delivery order not covered in the basic QC plan.

e. Before construction operations commence, the contractor shall meet with the QAE to discuss the quality control plan and the forms to be used for recording quality control operations, inspections, administration of the system, and the interrelationship of contractor and government inspection. At a minimum, the job superintendent shall be required to call in or visit the DPW Contract Inspection Branch between the hours of 7:00 am - 8:00 am, at 502-624-7188, or Building 1110 3rd floor. The superintendent shall also be required to complete daily quality control reports (copies furnished at DPW Contract Inspection Branch) and submit them to the contract inspector each day. The contractor shall retain a copy of this report for its records.

f. No construction and/or off-site fabrication shall be started until the contractor's quality control plan is approved. The contractor shall notify the Contracting Officer in writing of any proposed changes to this inspection system. No such change shall be implemented prior to approval in writing by the Contracting Officer.

g. In the event the contractor utilizes the service of a commercial testing laboratory, the Contracting Officer reserves the right to check laboratory equipment for compliance with the standards set forth in the contract specifications and to check the laboratory technician's testing procedures and techniques.

25. SAFETY ASSURANCE

a. Preconstruction Safety Meeting: Representatives of the contractor shall meet with the Contracting Officer, Garrison Safety Office and his/her representatives prior to the start of repair, alteration or construction activities for the purpose of reviewing the contractor's safety and health programs and discussing implementation of all safety and health provisions pertinent to the work to be performed under the contract. The contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or unhealthy conditions associated with the work to be performed under the contract. This meeting may be held in conjunction with the preconstruction conference, if so directed by the Contracting Officer. The conduct of this meeting is not contingent upon a general preconstruction meeting. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The contractor's principal local representative(s), the general superintendent and his/her safety representatives shall attend this meeting.

b. Compliance with Regulations: All work, including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CPR Parts 1910 and 1926. Work involving the disturbance or dismantling of asbestos or asbestos containing materials; the demolition of structures containing asbestos; and/or the disposal and removal of asbestos, shall also comply with the requirements of 40 CPR, Part 61, Subparts A and B, ETL 1110-1-118, DA Circular 40-83-4, and Fort Knox Environmental Regulations. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply.

c. 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 this employees or subcontractors, which results in illness, injury, or death.

d. Inspections, Tests, and Reports: The required inspections, tests, and reports made by the contractor, subcontractors, specially trained technicians, equipment manufacturers, and others as required shall be at the contractor's expense.

e. Materials and Equipment: Special facilities, devices, equipment, clothing, and similar items used by the contractor in the execution of work shall comply with applicable regulations.

f. Hazardous Materials: The contractor shall bring to the attention of the Contracting Officer any material suspected of being hazardous which he encounters during execution of the work. A determination will be made by the Contracting Officer as to whether the contractor shall perform tests to determine if the material is hazardous. If the Contracting Officer directs the contractor to perform tests, and/or if the material is found to be hazardous and additional protective measures are needed, a contract change may be required, subject to equitable adjustment under the terms of the contract.

g. The DPW-Construction Branch Inspector may order daily removal of certain equipment considered unsafe without additional compensation to the contractor.

26. SAFETY AND HEALTH

a. General

(1) Applicable publications: The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

(2) Code of Federal Regulations (CFR):

OSHA General Industry Safety and Health Standards (29 CPR 1910), Publication V2206; OSHA Construction Industry Standards (29 CFR 1926), one source of these regulations is OSHA Publication 2207, which includes a combination of both Parts 1910 and 1926 as they relate to construction safety and health. It can be procured from the Superintendent of Documents. U.S.

Government Printing Office, Washington, D.C. 20402.

National Emission Standards for Hazardous Air Pollutants (40 CFR, Part 61).

313A Material Safety Data Sheets, Preparation and the Submission of.

Safety & Health Requirements Manual, EM 385-1-1.

Use of Asbestos Containing Material, ETL 1110-1-118.

Policy & Guidelines for Asbestos Management, DA Circular 40-834.

b. Work covered by this section: This section is applicable to all work covered by this contract.

c. Definition of Hazardous Materials: Refer to hazardous and toxic materials/substances included in Subparts H and Z of 29 CFR 1910; and to others as additionally defined in Fed STD 313. Those most commonly encountered include asbestos, polychlorinated biphenyis (PCBS), explosives, and radioactive material, but may include others. The most likely products to contain asbestos are sprayed-on fireproofing, insulation, boiler lagging, and pipe covering.

d. Asbestos.

(1) THE CONTRACTOR IS WARNED THAT EXPOSURE TO AIRBORNE ASBESTOS HAS

BEEN ASSOCIATED WITH FOUR DISEASES: LUNG CANCER, CERTAIN GASTROINTESTINAL

CANCERS, PLEURAL OR PERITONEAL MESOTHELIOMA, AND ASBESTOSIS. Studies indicate there are significantly increased health dangers to persons exposed to asbestos who smoke, and further, to family members and other persons who become indirectly exposed as a result of the exposed worker bringing asbestos-laden work clothing home to be laundered.

(2) The contractor shall be advised that friable and/or non-friable asbestos-containing material may be encountered in area(s) where contract work is to be performed. Friable asbestos-containing material means any material that contains more than one per cent asbestos by weight that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturator, impregnate or coating. Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use.

However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition or other similar activities.

(3) Care must be taken to avoid releasing, or causing to be released, asbestos fibers into the atmosphere where they may be inhaled or ingested. The Occupational Safety and Health Administration (OSHA) has set standards at 29 CFR 1910.1001 for exposure to airborne concentrations of asbestos fibers, methods of compliance, medical surveillance, housekeeping procedures and other measures that must be taken when working with or around asbestos-containing materials. Twenty-nine CFR 1910.1001 has been identified as applicable to construction (29 CFR 1926.55 gases, vapors, fumes, dusts, and mists). The Environmental Protection Agency (EPA) has established standards at 40 CFR 61.140-156 for the control of asbestos emissions to the environment and the handling and disposal of asbestos wastes.

(4) Friable asbestos-containing materials are not permitted by current criteria and shall not be used in new construction or modification projects (ETL 1110-1-118, 27 May 1983). Plans and specifications for all new construction and modification projects shall be reviewed to insure that the use of friable asbestos-containing materials is not called for.

(5) 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. All precautions, to include proper work practices, medical surveillance, respiratory protection, industrial hygiene, and environmental protection requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR 61.140-156) and DA Circular 40-83-4, as applicable, shall be strictly adhered to.

(6) See JOB ORDER SPECIFICATION, Sections 02080 & 02090 for specifications for handling asbestos containing materials and lead paint. Refer to Attachment 4 and Fort Knox EMD’s Handbook for local procedures and specifications.

(7) If asbestos containing materials is to be disturbed, the Contractor shall submit a Draft Asbestos

Management Plan for review and approval by the Environmental Management Division (EMD) within five calendar days after the Effective Date of the Delivery Order. EMD will submit the appropriate Kentucky Division for Air Quality asbestos abatement/demolition/renovation notices to the Commonwealth of Kentucky. No work shall begin until fifteen (15) days after submitting the Contractor’s Draft Asbestos Management Plan. The Contractor shall take this time into account to accommodate the submittal and approval for their Asbestos Management Plan and for the Government to make the appropriate notifications to the Commonwealth of Kentucky.

27. ENVIRONMENTAL PROTECTION

a. Solid, Liquid, and Gaseous Contaminants. Contractor shall be responsible for the proper disposal of all solid, liquid, and gaseous contaminants in accordance with all local, state, and federal codes and regulations, together with the following requirements:

(1) Gaseous contaminants shall be discharged so that they are sufficiently diluted with fresh air to reduce the toxicity to an acceptable level.

(2) Liquid contaminants may, subject to local utility standards and prior approval by the Contracting Officer, be diluted with water to a level of quality acceptable in the local sewer system, or shall be disposed of in approved vessels at approved sites.

b. Refuse resulting from construction operations shall be removed from the site and disposed of as directed by the DPW-Construction Inspector or SOW.

c. All chutes for refuse, and the like, shall be covered or have such a design to fully confine the material to prevent the dissemination of dust.

28. SECURITY REQUIREMENTS

a. The contractor shall comply with security regulations imposed by the installation commander and/or the agency occupying the space where work is to be performed, including any necessary security clearances.

b. The contractor shall provide adequate protection for all parts of the building wherever work under this contract is performed. At the end of each workday, and prior to leaving the jobsite, the contractor shall secure all openings to any work areas affected by construction.

29. CONSTRUCTION SITE MAINTENANCE

The contractor shall store materials and equipment as specified by the DPW-Construction Inspector or SOW.

Site shall be maintained in a neat and orderly manner.

30. EQUIPMENT ON SITE

The contractor shall cover equipment that is to remain in place within the area of contract operations.

Equipment that is removed in performance of work shall be stored where directed or reused in work as required by drawings and specifications. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the contractor.

31. GOVERNMENT-FURNISHED EQUIPMENT/MATERIALS

The contractor, with his own forces, shall transport all government-furnished equipment/materials described on the delivery order. The equipment/materials will be transported from the government storage area to the work site indicated on the delivery order. The contractor shall assumes the risk and responsibility for the loss or damage to government-furnished property. The contractor shall follow the instructions of the DPW- Construction Inspector or SOW regarding the disposition of all government-furnished property not consumed in performance of a delivery order.

32. TRUCKING

The contractor shall load all trucks leaving the site with loose…