PWS - MOTSU Real Property Maintenance REV2.pdf

TABLE OF CONTENTS

SCOPE OF WORK

MOTSU FACILITIES MAINTENANCE CONTRACT

MILITARY OCEAN TERMINAL

SUNNY POINT, NC

SECTION TITLE PAGE

1. SECTION 1: GENERAL INFORMATION ………………………………………………1

1.1 SCOPE OF WORK ………………………………………………………………………1

1.2 CONTRACTOR PERSONNEL...……………………………………………………..…2

1.3 QUALITY CONTROL …………………………………………………………………..8

1.4 QUALITY ASSURANCE ……………………………………………………………….9

1.5 ENVIRONMENTAL AND SAFETY PROGRAM …………………………………….10

1.6 AMMUNITION SECURITY AND SAFETY PROGRAM ………………………….…12

1.7 SAFETY REQUIREMENTS …………………………………………………………

1.8 FORCE PROTECTION AND PHYSICAL SECURITY ……………………….... ….…18

1.9 HOURS OF OPERATION ……………………………………………………….……...19

1.10 CONSERVATION OF UTILITIES ………………………………………………..…….20

1.11 CONTRACTOR DAMAGES …………………………………………………….……..21

1.12 RECORDS ……………………………………………………………………….………21

1.13 MANAGEMENT AND STAFFING ……………………………………………….……21

1.14 ADVISE AND NOTIFY …………………………………………………………….…..21

1.15 TRANSITION …………………………………………………………………….……..22

1.16 CONTRACTOR MANPOWER REPORT (CMR) ……………………………….……..23

2. SECTION 2: GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

2.1 GENERAL INFORMATION …………………………………………………..……….25

2.2 GOVERNMENT-FURNISHED PROPERTY …………………………………….……25

2.3 GOVERNMENT-FURNISHED SERVICES ……………………………………….…..27

3. SECTION 3: CONTRACTOR-FURNISHED ITEMS AND SERVICES

3.1 GENERAL INFORMATION …………………………………………………………28

3.2 CONTRACTOR REQUIREMENTS ………………………………………………….28

4. SECTION 4: SPECIFIC TASKS

4.1 GENERAL ……………………………………………………………………………..29

4.2 MAINTENANCE AND MANAGEMENT SERVICES ………………………………30

4.3 ELECTRICAL PLANTS AND SYSTEMS …………………………………………

4.4 WATER PLANTS AND SYSTEMS …………………………………………………..42

4.5 SEWAGE PLANTS AND SYSTEMS …………………………………………………46

4.6 BUILDINGS, STRUCTURES, AND INSTALLED EQUIPMENT …………………..51

4.7 GROUNDS MAINTENANCE …………………………………………………………81

4.8 PAVED, GRAVEL, AND EARTH ROADS AND HARDSTANDS ………………….91

4.9 PEST MANAGEMENT …………………………………………………………...……96

4.10 WHARF MAINTENANCE ………………………………………………………….118

4.11 CONTROL BURN SUPPORT ……………………………………………………….120

4.12 WATER SIDE MAINTENANCE

5. SECTION 5: DEFINITIONS, ABBREVIATIONS, AND ACRONYMS

5.1 STANDARD DEFINITIONS ………………………………………………………...121

5.2 ACRONYMS AND ABBREVIATIONS ………………………………………….…134

6. SECTION 6: APPLICABLE PUBLICATIONS AND FORMS

6.1 GOVERNING DIRECTIVES ………………………………………………………..138

1. SECTION 1: GENERAL INFORMATION.

SCOPE OF WORK. The Contractor shall provide all personnel, management, tools, materials, supervision, general and specialized equipment, clothing and other items and services necessary to operate, maintain, repair, and construct Real Property Facilities (RPF) as defined in this scope of work (SOW), except as specified in Section 3 as Government-Furnished Property, Equipment, and Services, at the U.S. Army Military Ocean Terminal, Sunny Point (MOTSU), North Carolina. The Contractor shall perform to the standards in this contract. The Waterfront RPF includes, but is not limited to, wharf fender systems, navigation aids, mooring dolphins, fixed barrier water perimeter security system and ancillary equipment within the Waterfront MOTSU property boundaries including the Explosive Safety clear Zone also known as the Buffer Zone. The Contractor is also required to perform limited work at sites other than MOTSU: Leland Interchange and railroad right-of-way, railroad signal sites, and the Buffer / Blast Zone. The Contractor shall perform to the standards in this contract. The estimated quantities of work are listed in Technical Exhibit (TE) 2, Workload Estimates. The functional areas covered under the contract are:

1.1.1. Maintenance Management Services. (Ref. SECTION 4.2).

1.1.2. Electrical Plants and Systems. (Ref. SECTION 4.3).

1.1.3. Water Plants and Systems. (Ref. SECTION 4.4).

1.1.4. Sewage Plants and Systems. (Ref. SECTION 4.5).

1.1.5. Buildings, Structures, and Installed Equipment. (Includes Fire Alarm Systems;

Heating, Ventilation, & Air Conditioning; and Refrigeration Systems) (Ref. SECTION 4.6).

1.1.6. Grounds Maintenance. (Ref. SECTION 4.7).

1.1.7. Paved and Earth Surface Roads. (Ref. SECTION 4.8).

1.1.8. Pest Management (Pest Control). (Ref. SECTION 4.9).

1.1.9. Wharf Maintenance. (Ref. SECTION 4.10).

1.1.10. Control Burn Support. (Ref. SECTION 4.11).

1.1.11. Water side Maintenance (Ref. SECTION 4.12).

1.1.12. Contractor Provisions. It is a mandatory requirement that the Contractor shall become acquainted with and complies with all Government regulations, present and future, applicable to the service function performed under this contract at the U.S. Army Military Ocean Terminal, Sunny Point, North Carolina. Questions pertaining to any part of the rules and regulations should be immediately directed to the Government Representative, and the Contractor shall immediately comply with the Government’s response to any such question. Acquisition of DOD and Service publications is the responsibility of the Contractor. Section 6 list references used in this contract and their associated website location.

1.1.12.1. Mission and Installation Specific Regulations and Policies. In the performance of this contract, the Contractor is forewarned to pay special attention to the unique mission of MOTSU as it relates to, but is not limited to, fire prevention and response, ammunition safety, security, sanitation, possession of drugs and firearms or other lethal weapons.

1.2. CONTRACTOR PERSONNEL.

1.2.1. Contract/Program Manager. The Contractor shall provide a Program Manager who shall be responsible for the performance of the work. The Contractor shall provide a resume that describes the education, experience, and qualifications of the proposed Project Manager with his proposal, and in accordance with (IAW) TE-4. The Contractor shall provide any proposed changes of Program Manager to the Government Representative IAW the description and frequency specified in TE-4. No substitutions shall be made by the Contractor without the written concurrence of the Government Representative.

1.2.1.1. Program Manager Authority. The Program Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.2.1.2. Program Manager Experience. The Program Manager shall have a minimum of five (5) years of specialized experience in supervising a team from various craft and/or trade performing similar jobs required under this contract.

1.2.1.3. Program Manager Availability. The Program Manager or alternate shall be available during normal duty hours within thirty (30) minutes to meet on the installation with Government personnel (designated by the Government Representative) to discuss problem areas. After normal duty hours, the manager or alternate shall be available on site within two (2) hours per the Performance Requirements Summary (PRS), TE-1.

1.2.2. Contractor Employees. All Contractor personnel utilized in performance of the contract shall be legal residents of the United States. Personnel shall be able to read, write, speak, and understand the English language to the extent necessary in adequately reading and understanding regulations and instructions to complete and safely perform the contract services. The Contractor shall provide personnel to perform the contract requirements within specified time frame required by the contract and shall meet all variations, shift schedules and changes as may be required to respond to the requirements of the contract. All persons performing under the contract shall remain employees of the Contractor and not of the Government. The Government has the right to restrict employment under the contract of any contractor employee, or prospective contractor employee, who is identified by the Government Representative as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population. The Government Representative may require the Contractor to remove from the job site any employee for misconduct or security reasons. The removal from the job site of such person shall not relieve the Contractor of the requirement to perform.

1.2.2.1. Contract Personnel Identification and Appearance. Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. The Contractor shall provide each employee with a uniform (i.e. pants and shirt) bearing the name of the corporation located on the left shirt pocket. Uniforms shall be worn by the Contractor employees at all times while performing work under this contract. Also, each Contractor employee shall wear a visible Government furnished identification badge when performing work under the contract.

1.2.2.2. Employee Conduct. Contractor personnel’s conduct shall not reflect discredit upon the U.S. Government, the Department of the Army or MOTSU. The Contractor shall remove any employee for reasons of misconduct or security from the job site. The removal from the job site of such a person shall not relieve the Contractor of the requirement to provide sufficient personnel to perform adequate and timely service.

1.2.2.3. Employee Conflict of Interest. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest, nor shall the Contractor employ any person who is an employee of the Department of the Army, military or civilian, unless such person seeks and receives approval in accordance with DoDD 5500.7-R.

1.2.2.4. Contract Personnel Status. The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, a change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Contractors ability to perform;

however, their absence at any time shall not constitute an excuse for nonperformance under this contract.

1.2.3. License, Certifications and Registrations. The Contractor shall be licensed, registered and certified by the State of North Carolina, to provide services in all specified categories in this contract. Evidence of all licenses, certifications, and registrations required under this contract shall be submitted IAW the description and frequency specified in TE-4.

1.2.3.1. Pest Control Personnel. The Contractor shall provide qualified personnel licensed in accordance with North Carolina laws implementing Public Law 92-396, Federal Pesticide Control Act (Public Law 92-396), Federal Insecticide, and Fungicide, and Rodenticide Act (FIFRA), to be physically present in each immediate work area where any pesticide or herbicide application is being performed. All Contractor insect and rodent control employees shall be certified by the State of North Carolina for the application of pesticides, herbicides and fungicides in the operational categories required and their certification shall be maintained by the Contractor as required by the state law implementing the Federal Pesticide Act of 1978, (Public Law 92-396). Minimum training standards required for Contractor Pest Control personnel and other Contractor personnel involved in pest control activities shall include satisfactory completion of training as recommended by the National Pest Control Association and shall have received the specific training in the following:

a. Inspection procedures for pests to be controlled as identified in the contract.

b. Differentiation of non-target species.

c. The habits and life histories of pests to be controlled.

d. Selection, application and evaluation of appropriate control procedures.

e. Utilization of non-chemical control methods.

f. Safe and effective application techniques in the calibration and use of all required equipment.

g. Handling, storage, and transfer of pest control materials.

h. Reading, interpreting, and following pesticide label instructions.

i. Procedures for protecting food, food utensils, food preparation areas, and pets.

j. Procedures for fire prevention during treatment.

k. Use and maintenance of all required safety equipment.

l. The consequences of preparing a pesticide to be given or sold to an individual other than an authorized employee of the Contractor, or regulatory official.

m. Developing and giving instructions to occupants on precautions to follow before, during, and after rendering pest control service.

n. Determining conditions conducive to pest infestations and making recommendations for the required improvements thereof.

o. In addition, uncertified personnel shall be trained in:

1. Procedures for reporting and handling pesticide spills.

2. The security of pest control vehicles and equipment.

3. Recommending appropriate medical or veterinary attention for humans or pets with real or imagined pests.

1.2.3.1.1. The Pest Control Applicator shall be licensed in the State of North Carolina in

Category 3 – Ornamental and Turf Pest Control; Category 8 – Public Health Pest Control and certified in Category 7 – Industrial, Institutional, Structural and Health related Pest (include P-Household Pest and W-Wood Destroying).

1.2.3.2. Wastewater Treatment Facility Operator Certification. Not Applicable.

1.2.3.3. Electrical License. The Contractor shall employ at least one (1) person with a

North Carolina Limited Electrical License, issued by the NC Board of Examiners of Electrical Contractors. All electrical work done on MOTSU shall be performed by personnel authorized to engage in electrical contracting within the state of North Carolina and shall hold a North Carolina electrical license. An electrical license from another state may be acceptable if it qualifies under North Carolina’s reciprocity process. If a journeyman electrician actually performs the electrical work under someone else’s license, then the holder of the license shall inspect and report all work IAW the description and frequency specified in TE-4.

1.2.3.4. Plumbing License. The Contractor shall employ at least one (1) master plumber who possesses a Class I valid North Carolina State Plumbing License, issued by the NC State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors. All plumbing work performed on MOTSU shall be accomplished by this individual.

1.2.3.5. Heavy Equipment Operator License. The Contractor shall maintain records of license of heavy equipment operators (from state of residency) in order to verify and document operators' skill in using heavy equipment.

1.2.3.6. HVAC Systems Operator License. The Contractor personnel performing operations, preventive maintenance or repair to HVAC systems shall possess a valid NC State License for HVAC type work. License should be a minimum of a “heating, group number two (2)” type as specified by the NC State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors.

1.2.3.7. Vehicle Operator License. Contractor personnel shall have a current, valid driver’s license from their state of residency.

1.2.3.8. Fire Alarm Certification. Contractor personnel performing fire alarm testing, maintenance and repair shall have, as a minimum, a current Fire Alarm Level II certificate from NICET in the sub-field of Fire Protection Engineering Technology (Fire Alarm System) and must have a minimum of two years experience in the inspection, service and repair of fire alarm systems. The contractor personnel shall be factory trained in the EST and KELTRON Systems and be physically located so as to be able to provide emergency service on-site within four (4) hours after notification.

1.2.3.9. Water Distribution Operator and Backflow Preventer Operator and Tester. The

Contractor shall be required to have available a person with a NC Class C water distribution operator license when water emergency response actions have been implemented and the State has approved use of reconnecting MOTSU’s groundwater monitoring wells to the distribution system. The Contractor shall also have a properly licensed and certified Backflow Preventer Operator and Tester.

1.2.3.10. Certification/Experience of Structure Personnel. The Contractor personnel involved in the inspection, analysis, maintenance and repair of structure components; must possess a current North Carolina Building Inspector’s License or one of the following:

1. Carpentry:

a. A certificate from a nationally recognized institution, agency or association related to the trade. The certificate must contain or be accompanied by information that will enable the Government Representative to verify its authenticity.

b. A diploma from an accredited trade school or community college.

c. A verifiable list of at least five (5) references from clients for whom the Contractor employee has worked in the practice of the carpentry trade during the past five years. At least one (1) of the five (5) references must be from commercial or government sources.

2. Masonry. Same as 1. (above), but for brick and concrete masonry.

3. Flooring and Floor Covering. Same as 1. (above), but for flooring and floor covering.

4. Interior Painting. Same as 1. (above), but for interior painting.

5. Exterior Painting. Same as 1. (above), but for exterior painting.

6. Sign Painting. Same as 1. (above), but for sign painting.

7. Refrigeration. Same as 1. (above), but for refrigeration.

8. Gas/Diesel Dispensing. Same as 1. (above), but for gas/diesel dispensing.

9. Truck Weigh Station. Same as 1. (above), but for truck weigh station.

10. Overhead Doors. Same as 1. (above), but for overhead doors.

11. Metal/Sheet Metal. Same as 1. (above), but for metal/sheet metal.

1.2.3.11. Certification of Roofing Personnel. All Contractor personnel involved in the inspection, analysis, maintenance, and repair of roofing systems must possess written certification, acceptable to the Government Representative, attesting to their competency in implementing the procedures and guidelines stated in AR 420-70, TM 5-617, and the NRCA manual. The acceptable level of competence for inspection will include a formal course of instruction of not less than three (3) days covering their area of responsibility. The acceptable level of competence of personnel involved in maintenance and repair of roofing deficiencies will include a written certification that the individual has been employed as a roofing maintenance and repair person for a period of not less than one (1) year, or will work under the direct supervision of an individual who possesses the written certification.

1.2.3.12. Certification of Plumbing Personnel. The Contractor shall employ and maintain the full time employment of at least one (1) Plumbing Trade supervisor who possesses a current North Carolina Plumbers License. The licensed employee shall be responsible for ensuring that all plumbing work done under this contract complies with all Local, State and Federal codes and regulations. All other Contractor personnel involved in the inspection, analysis maintenance, and repair of Plumbing Systems must possess one of the following:

1. A certificate from a nationally recognized institution, agency or association related to the plumbing trade. The certificate must contain or be accompanied by information that will enable the Government Representative to verify its authenticity.

1.2.3.13. Certification/Experience of Key and Lock Personnel. All personnel involved in the inspection, analysis, maintenance, repair and replacement of Keys and Locks must have a minimum of 6 months documented work history

1.2.3.14. Boat/Vessel Operator Certification. The Contractor personnel operating a vessel shall meet the requirements under Chapter 75A of the General Statutes of North Carolina, as amended, U.S. Coast Guard Title 33: Navigation and Navigable Waters, and U.S. Coast Guard License Requirements.

1.2.3.15. Underwater Diving Operations. All underwater diving activities shall be performed in compliance with the most current edition of USACE EM 385-1-1.

1.2.4. Security Requirements. The Contractor shall provide the Government

Representative a list of all employees who will perform under the contract IAW the description and frequency specified in TE-4. MOTSU REG 715-5 (see TE-35) requires background checks on all individuals performing incidental services. An individual with a felony on their record cannot perform work at MOTSU under this contract.

1.2.5. Loitering. Contractor's employees shall not loiter in or around place of duty during off-duty hours.

1.2.6. Employee Capability. All Contractor employees performing work under the contract shall be physically able to do their assigned work. The Contractor shall not allow any employee(s) who is under the influence of alcohol or is incapacitated by restricted substances to perform any work.

1.2.7. Employee Training. NOTE: Training of personnel to meet the requirements listed in this section shall be at Contractor expense.

1.2.7.1. OSHA, Hazard Communications Training. The Contractor's employees shall be trained and competent to protect themselves, other employees, property, and equipment used on the installation from the effects of hazardous materials. Such training will be reported as required by paragraph 1.2.4 Security Requirements (see TE-37) and cover as a minimum, the following topics:

1. Recognition of health and safety hazards.

2. Methods to minimize risk from health and safety hazards.

3. Safe use of drum handling equipment, safety equipment and spill control equipment.

4. Safe operating procedures to be used at an incident scene.

5. Techniques of coordinating with fellow employees to minimize risks.

6. Recognition of hazardous material exposure symptoms or injuries.

7. Forklift operations.

1.2.7.2. MOTSU Environmental Program Training Course (2 hours/year). Each new employee is required to attend MOTSU New Employee Environmental Awareness training within 1 week of state date. In addition, Annual Environmental Awareness training is required for all employees. The training program (presentation) will be provided by MOTSU DPW Environmental Office. Training records will be submitted to PWE upon completion.

1.2.7.3. Experience Level of Personnel. No utility equipment operation or service work shall be performed by personnel with an experience level less than journeyman.

Personnel with less experience may serve as helpers; however the Contractor shall assure that a journeyman, foreman, or master craftsman performs or supervises all required work. Experience levels of Contractor personnel are subject to the Government Representative's approval.

1.2.7.4. Fire Fighting Training. Craftsman/tradesman providing services within the Ammunition Restricted Area at MOTSU must be qualified in the tasks to be performed and the associated safety precautions to be taken. The Contractor must understand the hazards, standards, procedures, and precautions that apply to the work within this area. In addition, adequate firefighting training commensurate to the task being performed is required. This training will include the application and meaning of each type of hazard symbol, process for reporting fires, sounding alarms and area evacuations procedures. Training will take a minimum of 30 minutes and is available from the installation Quality Assurance Specialist (Ammunition Surveillance) (QASAS). If the installation QASAS does not give the training, a training plan used must be provide to the QASAS for review and approval.

1.2.8. Cooperation with Other Contractors and Government Personnel. The

Contractor shall cooperate with other contractors and Government personnel performing work at MOTSU. The Contractor shall be willing to adjust scheduling and performance to accommodate additional support if required by modification.

The Contractor shall avoid interfering with the performance of work by other Contractor or Government employees while not compromising health, safety, or security. Any disagreement or cause of delay shall be brought to the attention of the Government Representative.

1.3. QUALITY CONTROL.

**Amendment 002**

1.3.1. Contractor Quality Control (CQC). Contractor Quality Control (CQC) is the means by which the Contractor ensures that all work complies with the contract requirements per PRS TE-1. The requirements for the CQC organization are a CQC System Manager and sufficient numbers of additional qualified personnel to ensure contract compliance. CQC personnel shall be certified and licensed in the area they are doing inspections to at least the level of the personnel actually doing the work. For example, a CQC person doing electrical inspections shall have an unlimited NC electrical license; a CQC person doing plumbing inspections shall have a master plumber, Class I, NC plumbing license. A CQC Manager, qualified in the type of work being done, shall be on site at all times when work is being performed. The CQC System Manager shall be responsible for the overall management of the CQC and shall have the authority to act for the Contractor in all CQC matters. The CQC System Manager shall have a minimum of five (5) years’ experience in related work, or possess a valid Professional Engineer’s License, issued by the North Carolina Board of Examiners for Engineers & Surveyors. All CQC staff members shall be subject to acceptance by the Government Representative.

**Amendment 002**

1.3.2. Quality Control Plan. In compliance with the contract clause entitled Inspection of Services, FAR 52.246-4, the Contractor shall provide a Quality Control Plan that contains, as a minimum, the items listed in this section and in TE-4 to the Government Representative for acceptance not later than thirty (30) days after contract award date. The Government Representative will notify the Contractor of acceptance or required modifications to the plan before the contract start date. The Contractor shall make appropriate modifications and obtain acceptance of the plan by the Government Representative before the contract start date. The plan shall include:

1.3.2.1. A description of the inspection system to cover all services listed in the

Performance Requirements Summary (PRS), TE-1. Description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspectors. Additionally, procedures for meeting mission requirements in the event of a national emergency or natural disaster, and control procedures for any Government provided keys or lock combinations shall be included.

1.3.2.2. A description of the methods to be used for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.

1.3.2.3. A description of the records to be kept documenting inspections, on site records of all inspections conducted by the Contractor, and necessary corrective or preventive actions taken. This documentation shall be made available to the Government during the term of the contract.

1.3.3. Corrective Actions. At any time it is determined by the Government

Representative that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, action shall be taken by the Contractor to correct the deficiency, i.e., replacement of personnel, additional quality control inspection, etc. Any such changes shall be at no additional cost to the Government.

1.4. QUALITY ASSURANCE.

1.4.1. Evaluation and Surveillance. According to the Inspection or Services clause, FAR: 52.246-4, the Government will evaluate the Contractors performance under this contract. For those tasks listed on the PRS (TE-1), the Government Representative will follow the methods of surveillance specified in this contract.

Government personnel will record all surveillance observations. When an observation indicates defective performance, the Government Representative will require the Program Manager or representative at the site to initial the observation.

The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRS or by methods other than those listed in the PRS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the Government Representative as a result of surveillance will be according to the terms of this contract.

1.4.2. Performance Evaluation Meetings. The Government Representative may require the Program Manager to meet with Government Representative(s) and other Government personnel as deemed necessary. The Contractor may request a meeting with the Government Representative when he or she believes such a meeting is necessary. Written minutes of any such meetings shall be recorded by the Contractor, approved by the COR, and signed by the Program Manager and the KO or Contract Administrator. Copies of any such meeting minutes shall be maintained by a Government Representative. If the Contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the Government Representative within one (1) calendar day following receipt of the approved minutes, IAW TE-4.

1.4.2.1. Government Inspection. All work performed and equipment used under the contract will be subject to inspection at all times by the Government. The Government's inspection program is not a substitute for Quality Control (QC) by the Contractor.

1.5. ENVIRONMENTAL AND SAFETY PROGRAM.

1.5.1. Compliance with Environmental and Occupational Safety and Health Laws.

The Contractor shall perform in compliance with Federal, State, and local laws, rules, and regulations pertaining to environmental protection, occupational health and safety, and transportation, storage, and disposal of hazardous material and hazardous waste. This shall include all responsibilities of an "owner or operator" of that portion of the facility or Government property, which the Contractor uses or services in performing the contract, and sole responsibility for compliance with all Army and Installation regulations pertaining to hauling and disposal of materials. These subparagraphs are meant to supplement, not replace, any contained elsewhere in the contract. See TE-38 for the MOTSU Environmental Specification

1.5.1.1. Compliance, Fees, and Penalties. The Contractor shall be responsible for compliance with all such laws, rules, and regulations to include all training of personnel, submission of permit and license applications, purchase of materials, payment of applicable fees and taxes, and payment of fines and penalties for noncompliance. All fines and penalties shall be borne solely by the Contractor.

1.5.1.2. Environmental Protection Coordination. All environmental protection matters shall be coordinated through the Government Representative with the PWE or the Division of Public Works at MOTSU. DPW Environmental Office is located at building 3, ext. 8425/8603.)

1.5.1.3. Inspections by Environmental Personnel. All Government installation facilities operated and maintained by the Contractor may be inspected by the Environmental Office or other Federal, State, or local officials without advance notice. Access for inspection shall be granted upon notice from the Government Representative or his designated representative. Any deficiencies noted during inspections must be corrected within two (2) working days.

1.5.1.4. Compliance Delays. Delays caused by the Contractor's need to comply with such laws or resulting from failure to comply with such laws shall not excuse failure to complete work in accordance with the requirements of the contract.

1.5.1.5. Contractor Violation. The Contractor shall notify the Government Representative and his designated representative in accordance with the description and frequency specified in TE-4. Such information shall be furnished within two (2) hours to the Government Representative or his designated representative.

1.5.1.6. Asbestos and Hazardous Substances (Waste). The Contractor shall notify the

Government Representative in accordance with the description and frequency specified in TE-4. In the event that such release is the result of any action of the Contractor, the Contractor shall cease work immediately and notify the Government Representative within one (1) hour. The Contractor shall receive no equitable adjustment for the time lost or expenses incurred as a result of the need to correct any such release, which is the result of negligent or acts of Contractor personnel (either accidental or intentional).

1.5.1.7. Contractor Personnel. The Government Representative shall have access to

Contractor personnel and files as they see fit to ensure compliance with this requirement. A copy of this requirement, without changes, shall be inserted in any subcontracts and performance by the sub-contractor, to include compliance with this requirement, shall be the responsibility of the Contractor.

1.5.1.8. Emergency Action. In the event the Government property or equipment is damaged by causes of disastrous nature, such as tornado, hurricane, flood, fire or oil spills, and the Government Representative determines that an emergency action is necessary to protect Government property and equipment, the Contractor may be directed to perform work to the extent necessary to protect Government property and equipment. If an oil or hazardous substance spill occurs, the Contractor shall comply with the provisions of the MOTSU Installation Spill Contingency Plan (ISCP) plan located at DPW Environmental Office, Building 3 when disaster response work is directed and performed the contract price shall be adjusted pursuant to the contract clause entitled "Changes" of the contract. The Contractor shall receive no equitable adjustment for the time loss or expenses incurred as a result of the need to respond to any such incident, which is the result of negligence or acts of Contractor personnel (either accidental or intentional).

1.5.1.9. Spills. Release of hazardous material into the environment from equipment operated by the Contractor (both GFE and Contractor furnished) or storage of Contractor owned materials (during work generated by this contract) are the responsibility of the Contractor. Immediately after a release, the Contractor SHALL provide notifications to the Government Representative and DPW Environmental Office (PWE) in accordance with the description and frequency specified in TE-4. Cost associated with clean up and response will be the Contractor’s responsibility.

1.5.1.10. Housekeeping. All work areas operated by the Contractor, specifically the

Government Furnished Facilities identified in TE-5 shall be inspected daily for adequate housekeeping and findings recorded on daily QC inspection reports. All work areas and means of access shall be maintained safe and orderly.

1.5.1.11. Environmental Policy: MOTSU has a policy which is as follows:

a. Maintain compliance with environmental laws and regulations;

b. Operate to continually improve the terminal’s environmental performance;

c. Train personnel to promote and integrate environmental awareness in all levels of the organization;

d. Sustain sound environmental practices;

e. Understand the commitment to integrate pollution prevention into daily decisions and activities;

MOTSU’s largest significant environmental issue is “Spill Prevention and Control”. Where the Contractor’s product is contributing to MOTSU’s significant environmental aspect(s), the contractor shall select the best available option that minimizes the potential environmental impact of that product, as long as that option does not compromise the essential specifications for that product, or the intended use of that product or service. Where a contractor’s activities are contributing to MOTSU’s significant environmental aspects, that contractor shall abide by the operational controls MOTSU has put in place to minimize the potential environmental impact of that activity. MOTSU’s Environmental Office will provide the contractor with: MOTSU’s Environmental Policy.

1.6. AMMUNITION SECURITY AND SAFETY PROGRAM.

1.6.1. Compliance with Ammunition and Explosive Security and Safety

Regulations. The Contractor shall perform in compliance with all Federal, State, and local laws, rules, and regulations pertaining to ammunition and explosive security and safety. In addition to all ammunition specific requirements all OSHA laws, rules and requirements will be complied with and strongly enforced. Safety compliance on any portion of the facility or Government property, which the Contractor uses or services in performing the contract, is the responsibility of the Contractor. The Contractor shall comply with the applicable provision of the 597th Transportation Brigade Regulation 715-5 (TE-35), including but not limited to Personal Identification, Property Passes, Vehicle Control, Removal of Facilities, Loss, and Fire Prevention. The Contractor shall also comply with Section 01525 in regards to Safety and Occupational Health Requirements and accident reporting, and with Section 01355A for all environmental considerations as part of this contract. The sole accountability for compliance with all Army and Installation regulations pertaining to safety within ammunition and explosive areas (Restricted Areas beyond Post # 2) is the responsibility of the Contractor.

1.6.2. Ammunition/Explosive Safety Questions. Should questions arise pertaining to any ammunition/ explosives safety/technical standard to include DoD and DA regulations the senior QASAS for 597th Transportation Brigade will provide answers, solutions and/or interpretations. The Contractor shall contact the Government Representative for coordination in such instances. Due to the extreme hazardous nature of the material handled in the ammunition area, any answer or interpretation provided by the QASAS is finial with mandatory implementation.

1.7. SAFETY REQUIREMENTS.

1.7.1. General. In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with OSHA and all pertinent provisions of the publication 29 CFR 1910, EM 385-1-1 US Army Corps of Engineers Safety and Health Requirement Manual, and all applicable Federal, State, and local laws, ordinances, criteria, rules and regulations. The Contractor shall submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern.

1.7.2. Site Safety and Health Officer (SSHO).

1.7.2.1. General. The Contractor shall provide a person with five (5) years of experience at the project site to function as the SSHO. The SSHO shall be at the work site at all times, unless specified differently in the contract, to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor, and their training, experience, and qualifications shall be as required in EM 385-1-1. The SSHO shall be provided for all of the hazards identified in the contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan, and shall be on-site at all times when the work that presents the hazards associated with their professional expertise is being performed. The Program Manager or CQC person can be the SSHO on this project

1.7.2.2. Personnel Duties. Failure to perform duties (a) through (g) will result in the dismissal of the SSHHO and a project work stoppage. The project work stoppage will remain in effect pending approval of a suitable replacement. The SSHO shall:

a. Conduct safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, identified hazards, recommended corrective actions, estimated and actual dates of corrections.

Attach safety inspection logs to the Contractors' quality control report.

b. Conduct mishap investigations and complete required reports. Maintain the OSHA Form 300 and Daily Production reports for prime and sub-contractors.

c. Maintain applicable safety reference material on the job site.

d. Attend the pre-work conference, pre-work meetings including preparatory inspection meeting, and periodic in-progress meetings.

e. Implement and enforce accepted Accident Prevention Plans (APPs) and

Activity Hazard Analyses (AHAs).

f. Maintain a safety and health deficiency tracking system that monitors outstanding deficiencies until resolution.

g. Ensure sub-contractor compliance with safety and health requirements.

h. Maintain a list of hazardous chemicals on site and their material safety data sheets.

i. Be on-site at all times whenever work or testing is being performed

1.7.3. Pre-Work Conference.

a. Contractor representatives who have a responsibility or significant role in accident prevention on the project shall attend the pre-work conference. This includes any assigned safety and health professionals who participated in the development of the APP, including the AHAs and special plans, program and procedures associated with it.

b. Discuss the details of the submitted APP to include incorporated plans, programs, procedures and a listing of anticipated AHAs that will be developed and implemented during the performance of the contract. This list of proposed AHAs will be reviewed at the conference and an agreement will be reached between the Contractor and the Government Representative as to which phases will require an analysis. In addition, establish a schedule for the preparation, submittal, review, and acceptance of AHAs to preclude project delays.

c. Deficiencies in the submitted APP will be brought to the attention of the

Contractor at the preconstruction conference, and the Contractor shall revise the plan to correct deficiencies and re-submit it for acceptance. Do not begin work until there is an accepted APP

1.7.4. Accident Prevention Plan (APP).

1.7.4.1. General. Prepare the APP in accordance with the format and requirements of

USACE EM 385-1-1 and as supplemented herein. Cover all paragraph and subparagraph elements in USACE EM 385-1-1, Appendix A, “Minimum Basic Outline for Accident Prevention Plan”. Specific requirements for some of the APP elements are described below. The APP shall be job-specific and address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor’s overall safety and health program, and the Contractor shall include any portions referenced in the APP in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the “controlling authority” for all work site safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The APP shall be signed by the person and firm (senior person) preparing the APP, the Contractor, the on-site superintendent, the designated site safety and health officer, the Contractor Quality Control Manager, and any designated Certified Safety Professional (CSP) and/or Certified Industrial Hygienist (CIH).

1.7.4.2. Submission and Acceptance. Submit the APP to the Government Representative five (5) calendar days prior to the date of the pre-work conference for acceptance.

Work cannot proceed without an accepted APP. Once accepted by the Government Representative, the APP and attachments will be enforced as part of the contract. Disregarding the provisions of this contract or the accepted APP will be cause for stopping of work, at the discretion of the Government Representative, until the matter has been rectified.

1.7.4.3. Advise and Notify. Should any severe hazard exposure, i.e. imminent danger, become evident, stop work in the area, secure the area, and develop a plan to remove the exposure and control the hazard. Notify the Government Representative within twenty-four (24) hours of discovery. Eliminate/remove the hazard. In the interim, take all necessary action to restore and maintain safe working conditions in order to safeguard onsite personnel, visitors, the public (as defined by ANSI/ASSE A10.34,) and the environment.

1.7.4.4. Modification. Once work begins, changes to the accepted APP shall be made with the knowledge and concurrence of the Government Representative, project superintendent, SSHO and quality control manager. Copies of the accepted plan will be maintained at the job site. The APP (TE-4) shall be continuously reviewed and amended throughout the life of the contract. Incorporate unusual or high-hazard activities not identified in the original APP as they are discovered.

1.7.5. Activity Hazard Analysis (AHA). The Activity Hazard Analysis (AHA) format shall be in accordance with USACE EM 385-1-1, Section 1. Submit the AHA for review at least fifteen (15) calendar days prior to the start of each phase, IAW TE-

4. The analysis should be used during daily inspections to ensure the implementation and effectiveness of the activity's safety and health controls.

1.7.5.1. Reviews and Updates. The AHA list will be reviewed periodically (at least monthly) at the Contractor supervisory safety meeting and updated as necessary when procedures, scheduling, or hazards change.

1.7.5.2. Development. Develop the activity hazard analyses using the project schedule as the basis for the activities performed. Any activities listed on the project schedule will require an AHA. The AHAs will be developed by the contractor, supplier or subcontractor and provided to the prime contractor for submittal to the Government Representative.

1.7.6. Fall Hazard Protection and Prevention Program. Establish a fall protection and prevention program, for the protection of all employees exposed to fall hazards. Within the program include company policy, identify responsibilities, education and training requirements, fall hazard identification, prevention and control measures, inspection, storage, care and maintenance of fall protection equipment and rescue and evacuation procedures.

1.7.6.1. Training. Institute a fall protection training program. As part of the Fall Hazard

Protection and Prevention Program, provide training for each employee who might be exposed to fall hazards. Provide training for fall protection in accordance with USACE EM 385-1-1, Section 21.B.

1.7.6.2. Fall Protection Equipment and Systems. Enforce use of the fall protection equipment and systems designated for each specific work activity in the Fall Protection and Prevention Plan and/or AHA at all times when an employee is exposed to a fall hazard. Protect employees from fall hazards as specified in EM 385-1-1, Section 21. In addition to the required fall protection systems, safety skiff, personal floatation devices, life rings etc., are required when working above or next to water in accordance with USACE EM 385-1-1, Paragraphs 21.N through 21.N.04. Personal fall arrest systems are required when working from an articulating or extendible boom, swing stages, or suspended platform. In addition, personal fall arrest systems are required when operating other equipment such as scissor lifts if the work platform is capable of being positioned outside the wheelbase. The need for tying-off in such equipment is to prevent ejection of the employee from the equipment during raising, lowering, or travel. Fall protection must comply with 29 CFR 1926.500, Subpart M, USACE EM 385-1-1 and

ANSI/ASSE A10.32.

1.7.6.2.1. Personal Fall Arrest Equipment. Personal fall arrest equipment, systems, subsystems, and components shall meet ANSI/ASSE Z359.1. Only a full-body harness with a shock-absorbing lanyard or self-retracting lanyard is an acceptable personal fall arrest body support device. Body belts may only be used as a positioning device system (for uses such as steel reinforcing assembly and in addition to an approved fall arrest system). Harnesses shall have a fall arrest attachment affixed to the body support (usually a Dorsal D-ring) and specifically designated for attachment to the rest of the system. Only locking snap hooks and carabineers shall be used. Webbing, straps, and ropes shall be made of synthetic fiber. The maximum free fall distance when using fall arrest equipment shall not exceed six (6) feet. The total fall distance and any swinging of the worker (pendulum-like motion) that can occur during a fall shall always be taken into consideration when attaching a person to a fall arrest system.

1.7.6.3. Existing Anchorage. Certified (or re-certified) by a registered professional engineer for fall protection existing anchorages, to be used for attachment of personal fall arrest equipment in accordance with ANSI/ASSE Z359.1. Exiting horizontal lifeline anchorages must be certified (or re-certified) by a registered professional engineer with experience in designing horizontal lifeline systems.

1.7.6.4. Horizontal Lifelines. Design, install, certify and use under the supervision of a professional engineer for horizontal lifelines for fall protection as part of a complete fall arrest system which maintains a safety factor of 2 (29 CFR 1926.500).

1.7.6.5. Guardrails and Safety Nets. Design, install and use guardrails and safety nets in accordance with EM 385-1-1 and 29 CFR 1926 Subpart M.

1.7.7. Reporting…