A.2.11.4 W9128A22R0003 Am-0006 Specifications.pdf

Section 01 90 00 Page 26

Comprehensive General Liability Insurance - Minimum coverage of $500,000 per occurrence.

Automobile Liability Insurance

(1) Bodily Injury: Minimum coverage of $200,000 per person and $500,000 per occurrence.

(2) Property Damage: Minimum coverage of $20,000 per occurrence.

The Contractor shall insert the substance of this clause in subcontracts under this contract.

The Certificate Holder for both the Prime’s and Subcontractors' Certificates of Insurance shall be the U.S.

Army Engineer District, Honolulu, Fort Shafter, Hawaii 96858-5440. [FAR 28.306 and 28.307-2]

[End of Statement]

S-28.14 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) - CONSTRUCTION (OCT

2009)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers' Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the U.S. Army Corps of Engineers (USACE) and CNA Insurance unless the contractor has a DBA self-insurance program approved by the Department of Labor. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy with CNA Insurance for the Prime and their Subcontractor's at every tier prior to performance of the contract. The current rate under the USACE and JCC-I/A contract is $6.00 per $100 of compensation for construction.

(c) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable.

(d) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, USACE shall modify the contract accordingly. However, the revised rates will not be applicable until the Contractor's or Subcontractor's DBA Insurance policy is due to be renewed.

(e) Premiums will be reimbursed only if coverage is purchased through the USACE mandatory requirements DBA contract administered by CNA Insurance and their Managing Broker, Rutherfoord International.

(f) Claims Reporting - The Contractor shall make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract, and shall ensure that similar language is in each Subcontractor's contract. The Contractor's Safety Officer shall, in addition to any other duties required to be performed under the contract, perform the following:

(i) Make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract; and

(ii) Make monthly written reports to the Contracting Officer, Administrative Contracting Officer, and the District/Center Safety and Occupational Health Manager, providing the names of each such injured or deceased employee, the circumstances surrounding each injury or death, the dates of each injury or death, the date the insurance claim was made on behalf of each employee, and the current status of each claim.

The District/Center Safety and Occupational Health Manager POC is:

POHSafetyOffice@usace.army.mil

(Am-0006)

Section 01 90 00 Page 27

(g) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses

52.228-3 Workers' Compensation Insurance (Defense Base Act), from the U.S. Army Corps of Engineers mandatory Insurance Carrier/Broker (CNA Insurance/Rutherfoord International) for the Prime and all of the

Subcontractors at every tier, shall be considered a material breech and could cause your contract to be terminated for default/cause.

[End of Statement]

S-36.5 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

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

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

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON 5 DAY WORK WEEK

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

CENTRAL OAHU To include sites from Fort Ruger through Fort Shafter to Pearl City

3 3 2 1 1 0 1 1 1 2 2 3

LEEWARD OAHU 1 to include sites from Schofield Barracks to Helemano Military Reservation

4 5 6 4 3 3 3 4 3 5 4 7

LEEWARD OAHU 2 to include sites from Barbers Point through Waianae to Kaena Point

3 2 2 1 1 0 1 0 1 2 2 3

WINDWARD OAHU to include sites from Bellows through Kaneohe to Kahuku

5 5 5 4 3 3 5 4 3 5 5 6

Island of Hawaii 1 to include sites at Hilo and Kilauea Military Camp

7 9 9 7 6 4 6 7 4 7 10 11

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S-36.21 AVAILABILITY AND USE OF UTILITY SERVICES (JAN 2006)

(a) The Government will make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the

Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting

Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) 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. Before final acceptance of the work by the

Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

(c) Schedule of utilities available from the Government without charge: Water and Electricity

S-36.23 LIQUIDATED DAMAGES--CONSTRUCTION

(a) If the contractor fails to complete the work within the time specified in the "Commencement, Prosecution, and

Completion of Work" clause, or any extension, the contractor shall pay to the Government as Liquidated damages, the sum of Input LD Amount for each day of delay.

(b) If the contractor fails to complete the work within the time specified under the "Working Directives" of the

Miscellaneous Provisions (Section 01 90 00), the contractor shall be liable for the temporary living allowance (TLA) costs incurred by the Government. Rates of Input rates, (per dwelling unit per day) for Input numbe bedrooms, respectively will be assessed.

(c) If the Government does not terminate the contractor's right to proceed, the resulting damage will consist of

Liquidated damages until the work is completed or accepted.

S-36.24 CONTRACT SKETCHES, MAPS, AND SPECIFICATIONS (NOV 2006)

(a) Sketches are incorporated into the specification as an attachment. There are no full or half size drawings available.

(b) The Government will provide the Contractor, without charge, one (1) set of specifications except publications incorporated into the technical provisions by reference in electronic or paper media as chosen by the Contracting

Officer; and

(c) The Contractor shall--

(1) Check all sketches furnished immediately upon receipt;

(2) Compare all sketches and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies; and

(4) Be responsible for any errors which might have been avoided by complying with this paragraph (b).

Section 01 90 00 Page 31

(d) Large scale sketches shall, in general, govern small scale sketches. Figures marked on sketches shall, in general, be followed in preference to scale measurements.

(e) Omissions from the sketches or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the sketches and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work, but shall be performed as if fully and correctly set forth and described in the sketches and specifications.

(f) The work shall conform to the specifications and the contract sketches included in the technical specifications.

[End of Statement]

S-36.34 VEHICLE REGISTRATION

1. All vehicles operating on Army Installations must have a valid registration, valid certificate of insurance, current safety inspection and be operated by a licensed driver. Vehicle operators shall be prepared to present these documents when requested by the security guard.

2. Contractor vehicles utilized in performance of the contract shall be registered with the Installation Provost

Marshal for entry into any Army Installation. This includes contractor employees’ privately-owned vehicles

(POVs) used to travel to and from the job site. Employees will be allowed to register only one vehicle. It shall be the sole responsibility of the contractor to register vehicles with the Provost Marshal.

3. Prior to contract performance, the contractor shall provide the Contracting Officer with a list of company-owned vehicles, employee POVs, and any subcontractor vehicles to be registered. The Contracting Officer will prepare a request for vehicle registration to the Provost Marshal. Upon receipt of the signed request the contractor shall report directly to the Provost Marshal for vehicle registration. Contractor employees must report in person for registration of their POVs. The following documents will be required to be presented to the Provost Marshal for vehicle registration:

a. Contracting Officer’s request for vehicle registration.

b. Valid Vehicle registration

c. Valid Certificate of Insurance

d. Current Safety Inspection

e. Valid driver’s license

4. At any time contractor employees (or subcontractor employees) are operating contractor-owned vehicles on an

Army Installation, they shall have in their possession a letter signed by a corporate officer authorizing the individual to drive the vehicle.

5. The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles within three business days of the change.

6. In the event the Provost Marshal issues extended passes for vehicles, lost passes shall be reported immediately, in writing, to the appropriate Provost Marshal Office, in order to obtain new passes. Notification shall include all circumstances surrounding the loss of the original passes. All vehicle passes issued shall be returned to the

Provost Marshal upon completion of the contract, termination of an employee or discontinued use of the registered vehicles.

7. Failure to follow the procedures outlined above may result in delays in entering Army Installations. The

Government is not responsible for any adverse impact on the contractor or its operation as a result of delays due to the failure to register vehicles.