amendment no. 1 request for proposal no. mr-17...

PRF-12 (10/1/11 Rev. 0)

AMENDMENT NO. 1 Request for Proposal No. MR-17-047331

Attention: POTENTIAL BIDDERS Issued by: URS I CH2M Oak Ridge LLC

P. O. Box 4699 Oak Ridge, Tennessee 37831 Kari Schwenkner Procurement Representative

Phone: 865-574-6678

Effective 8/1/2017, the above numbered RFP is amended as set forth below. The hour and date specified for receipt of proposals is not extended is extended:

The following are included in this Amendment: 1. Revised Qualification Criteria replaces the Qualification Criteria document in the original RFP.2. Revised Exhibit B replaces the Exhibit B in the original RFP.3. Revised Exhibit D replaces the Exhibit D in the original RFP.4. A copy of the Attendance sign in sheet is included.

Offerors are are not required to sign this document, include the Amendment in their proposal, acknowledge the Amendment number in their proposal. Except as stated herein, all requirements,

terms, and conditions of the Request for Proposal remain unchanged and in full force and effect.

Signature: ________________________________

Offeror: __________________________________ Company Name

Printed Name: _____________________________

Date: ____________________________________

QUALIFICATION CRITERIA

Qualification No. MR-17-047331 Date: July 11, 2017 Title: Outfall 200, Early Site Preparation Page 1 of 6 PRF-7 (6/1/16 Rev. 1)

Qualification No.: MR-17-047331 Title: Outfall 200, Early Site Preparation Buyer/SCA: Kari Schwenkner Due Date: 8/14/2017 This Request for Proposal (RFP) for award of a Firm Fixed Price Subcontract to provide services/goods generally described below to prequalified offerors only.

Accordingly, to be deemed qualified to receive an RFP, a potential offeror must provide such documentation necessary to demonstrate its ability to meet each element of the Qualification Criteria set forth below. Please organize submitted information in such a manner that reviewers can easily locate responses to questions and requirements. Information submitted that does not directly address the Qualification Criteria below will not be considered.

To support the Qualification evaluation process, provide the following prime potential offeror information:

Potential Prime Offeror Company Name:

Address:

Contact Name:

Phone Number:

Facsimile Number:

E-mail Address:

DUNS No.:

It is expected that potential offerors will be prequalified based primarily upon the experience and capabilities of the prime prequalifying company as described in its Qualification submission. The prime company may elect to satisfy some Qualification Criteria that cannot be met directly by the prime through the Qualification of a teaming partner(s) and/or lower-tier subcontractor(s). Any change in the composition of the company, team, or other legal entity (including business unit changes) that prequalifies will cause that company’s, team’s, or other legal entity’s Qualification to be void. Prospective offerors that encounter a change in the composition of its company, team, or legal entity must resubmit a new Qualification submission for evaluation and approval before their proposal will be accepted.

Experience of the potential prime offeror (potential prime subcontractor), lower-tier subcontractors, or other teaming partners shall be limited to its corporate experience. Experience of parent companies, subsidiaries, or other corporate affiliates will not be considered unless these corporate entities are also a part of the potential offerors team and meet all applicable requirements of these Qualification Criteria. UCOR will only consider employees currently on staff or potential employees from whom written commitment to participate in any resultant agreement with the potential offeror has been documented and submitted with responses to Qualification Criteria.

Note: UCOR reserves the right to disqualify a firm and/or its teaming partners from proposing on work if UCOR has actual knowledge of poor safety, quality, financial, and/or schedule performance on existing and/or past work for UCOR or others. This right to disqualify applies even if the firm and/or their teaming partners have otherwise met all other UCOR Qualification Criteria.

The Subcontract contemplated may include, but not necessarily be limited to, the following work:

Summary Scope of Work:

UCOR will require Site preparation in support of its Environmental Management Cleanup Contract with the U. S. Department of Energy Oak Ridge Operations Office (DOE-ORO), DOE Contract No. DE-SE-0004645.

Under the East Tennessee Environmental Cleanup Contract, UCOR is responsible for the execution of the Environmental Restoration and Waste Management program at the DOE sites in Oak Ridge, Tennessee.

Work Included:



The work to be performed includes site utilities relocation at the Headworks Site and Treatment Plant Site, demolition, storm drain piping, sanitary sewer, and sanitary water installation, steam condensate line rerouting and installation of new underground communications conduits, and installation of overhead power to the Site boundaries.

Work Not Included:

The CONTRACTOR will provide all required permits, inbound/ outbound inspections and surveys, interface with state and federal regulators, special inspections, electrical tie-in of new electrical service, facilitiy management, radiological protection coverage and waste management oversight, IH monitoring, and utility locates.

Additional Information:

Coordination with other onsite Contractors will be required

Location of the Work:

Y-12 National Security Complex in Oak Ridge, TN

Subcontract Type:

Firm Fixed Price

Period of Performance: 9/12/2017 – 6/12/2018

Socio-Economic Set-Aside: N/A

Anticipated RFP NAICS Code: 238910, Site Preparation Contractors

Size Standard for NAICS Code: $15.0 Million

Labor Standard Determination: Davis Bacon Act

Classified Work is included: Yes No


Potential offerors (prime subcontractor), their teaming partners, and/or subcontractors, as appropriate, must be able to answer “yes” to each of criterion listed below to be considered qualified to submit a proposal for this RFP.

1. Commercial Data

A. Has the potential offeror signed up and entered their information in UCOR’s Supplier Portal?

Yes No

B. Has the potential offeror , including parent companies or subsidiaries, within the last five years, completed allcontract work without default and without a Performance Bond being called to complete performance that theRespondent otherwise failed to complete?

Yes No

C. Does the potential offeror have sufficient financial resources to successfully perform the identified work?

Yes No

Supporting Documentation Required: The potential offeror shall provide copies of its last three (3) most recent audited financial reports with its most recent quarterly financial report or a Dun & Bradstreet Report run within the last six months.

2. Environment, Safety & Health

All subcontracted work will be executed in accordance with UCOR’s Environmental, Safety and Health Program.

Does your firm, teaming partners and/or subcontractors conform to the following requirements?

Yes No

https://supplierportal.ettp.energy.gov/



All potential subcontractors, sub-tier subcontractors, and teaming partners proposing to work on UCOR managed sites must meet the Environment Safety and Health (ES&H) qualification requirements defined below. Respondents failing to meet the ES&H qualification requirements will not be prequalified to receive a RFP.

All data and information required below must be submitted for the Respondent and each lower-tier subcontractor and/or teaming partner (if any) proposed to perform any portion of the Work on-site as identified by the Respondent.

The content of this request may be duplicated as necessary for submittal of data for teaming partner(s) and lower tier subcontractor(s). Note that the content of this request must also be used by a successful Subcontractor to submit data to qualify any proposed substitution of subtier subcontractors after award of the Subcontract.

Data submitted for (Company Name):

This Company is proposed as (check one):

Prime subcontractor

Sub-tier subcontractor

Teaming Partner

A. Worker’s Compensation Experience Modification Rate (EMR):

Include a copy of a letter from the Company’s insurance carrier substantiating the Average EMR for the previous three years.

Note: The Company, including all divisions, must have an average Experience Modification Rate (EMR) of 1.0 or less for the previous three years. The following states rate the experience modification independently: California, Delaware, Michigan, Nevada, New Jersey, Ohio, Pennsylvania, Washington, and West Virginia. The insurance carrier must certify EMR rates in writing.

List your company’s (total including all divisions) EMR for the three (3) most recent years

2015 2016 2017

B. OSHA Recordable Rates:

List your company’s OSHA Recordable Rates (total including all divisions) for the previous three (3) years. Include a copy of the Company’s completed OSHA Form 300 logs addressing the previous three years.

Note: The Company, including all divisions, must have an average Occupational Safety and Health Administration (OSHA) Total Recordable Case Rate of 2.8 or less for the previous three years.

List your company’s (total including all divisions) OSHA Recordable case rates for the past three- (3) years.

2015 2016 2017

C. OSHA Lost Workday Case Rates:

List your company’s Lost Workday Case Rates (total including all divisions) for the previous three (3) years. Include a copy of the Company’s completed OSHA Form 300 logs addressing the previous three years.

Note: The company, including all divisions, must have an average Total (OSHA) Lost Workday Case Rate of .60 or less for the previous three years.

List your company’s (total including all divisions) OSHA Lost Workday Case Rates (away from work only) case rates for the previous three (3) years.

2015 2016 2017

Additional Information

List your company’s (total including all divisions) Employee hours (total) worked per year for the previous three (3) years (do not include any non-work time, even though paid):



2015 2016 2017

Note: The CONTRACTOR calculates these rates as: (Number of injuries and illnesses X 200,000) / Employee hours worked = Incidence rate

Number of injuries and illnesses = Number of OSHA recordable injury and illness cases including lost workday cases (away from work only)

200,000 = Base for 100 full time equivalent workers for one year.

Additional information on how to compute a firm’s incidence rate is available from the U.S. Department of Labor’s website at http://stats.bls.gov/iif/osheval.htm.

Companies not meeting the average rates for either A, B, or C above will not be prequalified to receive a Request for Proposal for the work stated herein. In the event a company is prequalifying on a sole source basis, submit rates in accordance with the above with a detailed explanation for any year that does not meet the average rate(s).

D. Has your company worked the previous three (3) years without a fatality or without receiving any willful or non-willful citations or fines from OSHA or other regulatory organizations?

Yes No

E. Has your company worked the previous three (3) years without receiving, or contributing to the receipt of, any citations, or fines for Price-Anderson Amendments Act (PAAA) or Worker Safety & Health enforcement non-compliances?

Yes No

F. Has your company worked the previous three (3) years without receiving, or contributing to the receipt of, any fines for Nuclear Regulatory Commission non-compliances?

Yes No

If No, were any fines levied?

Yes No

G. Has your company worked the previous three (3) years without receiving, or contributing to the receipt of, any citations by a Federal or state agency for violations of an environmental regulatory requirement?

Yes No

If No, were any fines or penalties levied?

Yes No

NOTE: If your company, or a Division of your company, has worked or is currently working at a UCOR managed site, UCOR will consider your ES&H performance during the ES&H qualification process.

3. Quality Assurance Program

Does the potential offeror have a Quality Assurance Program meeting the requirements of DOE O 414,1C as applied to this less than Cat 3 activity or will the potential offeror agree to work to the UCOR Quality Assurance Program.

Yes No

Potential offeror shall furnish only a copy of the QA Program Table of Contents and a brief summary that clearly identifies how each of the following requirements will be implemented under a resulting Subcontract.

The summary must include the following elements, and the implementation of each of these elements must be clearly addressed (the level of rigor applied to the elements shall be commensurate with the risks associated with the Work):

http://stats.bls.gov/iif/osheval.htm



A description of the organizational structure, functional responsibilities, levels of authority, and interfaces for those managing, performing, and assessing the Work.

Personnel Training and Qualifications

Quality Improvement

Documents and Records

Work Processes

Design

Procurement

Inspection and Acceptance Testing

Note: After review of the table of contents and QA summary, UCOR may require submittal of the company QA Plan in its entirety. The prequalifying company shall provide this only upon request.

The potential offeror agrees that it’s employees shall follow their Quality Assurance Plan to be submitted for approval in accordance with Exhibit I, or work to the UCOR Quality Assurance Program.

Yes No

4. Technical Criteria:

A. Does the prime potential offeror have 3 - 5 years directly relevant experience in planning, managing, and/ or executing work involving overhead 13.8 KV electrical work?

Yes No

B. Does the prime potential offeror have 3 - 5 years directly relevant experience in planning, managing, and/ or executing work involving welded piping installation, including foundations and supports?

Yes No

C. Does the prime potential offeror have 3 – 5 years directly relevant experience in planning, managing, and/ or executing work involving underground mechanical utility installation?

Yes No

5. Direct Relevant Experience Documentation:

Provide a reference list of at least 2 example projects that demonstrate the directly relevant project experience to support each of the foregoing Technical Criteria. Example projects should be detailed as to both the technical scope of the project and the bidders participation in the project. In the case of a teaming arrangement, joint venture, or where first-tier subcontractors will play a significant role in the performance of this subcontract, a separate list will be submitted for each entity, as applicable, to document such experience. Each reference will include an explanation of relevance. Relevant experience in work of a nature directly similar in type and magnitude to that set forth in this Qualification extends over a period of the last five years with an agreggate value of $200,000:

Include the following information as a minimum:

Entity seeking Qualification:

Expected Role in this Project:

Client Name, Address, Contact and Telephone Number:

Work Description:

Value:

Location:

Commence/Complete:

RESPONSE SUBMITTAL



Provide the Qualification Criteria as part of the Subcontractor Technical Proposal.

Include the name, title, address, telephone number, facsimile number, and email address of the responsible person to whom future communication regarding the Subcontractor’s Proposal response should be address. Note: All information submitted in response to this qualification request must be submitted by the prime potential offer (i.e. the Respondent).

EXHIBIT B

SPECIAL CONDITIONS

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Exhibit B – Special Conditions

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Special Conditions - Construction Request For Proposal No. MR-17-047331 Rev 3, 4/18/17 2 of 19 URS | CH2M Oak Ridge LLC

CONTENTS

SC-1 MODIFICATIONS TO GENERAL CONDITIONS.......................................................................................................... 4

SC-2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF THE WORK ............................................................ 4

SC-3 SUBCONTRACT SCHEDULES .................................................................................................................................... 5

SC-4 POINTS OF CONTACT.................................................................................................................................................. 5

SC-5 SUBCONTRACT CORRESPONDENCE ...................................................................................................................... 6

SC-6 KEY PERSONNEL ......................................................................................................................................................... 6

SC-7 LOWER TIER SUBCONTRACTORS ............................................................................................................................ 6

SC-8 CONTRACTOR-FURNISHED UTILITIES AND FACILITIES ....................................................................................... 7

SC-9 CONTRACTOR-FURNISHED GOVERNMENT-OWNED MATERIALS AND EQUIPMENT -RESERVED ............... 8

SC-10 POSSIBILITY OF CONTAMINATION OF SUBCONTRACTOR-OWNED MATERIALS AND EQUIPMENT ............ 8

SC-11 CONTRACTOR-FURNISHED PERMITS ...................................................................................................................... 9

SC-12 MEASUREMENT FOR PAYMENT................................................................................................................................ 9

SC-13 INVOICING AND PAYMENT ......................................................................................................................................... 9

SC-14 INSURANCE................................................................................................................................................................. 11

SC-15 ACCELERATION ......................................................................................................................................................... 14

SC-16 QUALITY ASSURANCE .............................................................................................................................................. 14

SC-17 EXPLOSIVES - RESERVED........................................................................................................................................ 14

SC-18 SECURITY AND BADGING REQUIREMENTS ......................................................................................................... 14

SC-19 WORKING HOURS AND HOLIDAYS ......................................................................................................................... 14

SC-20 LABORATORY ANALYSES - RESERVED ................................................................................................................ 15

SC-21 CONTRACTOR-FURNISHED GOVERNMENT-OWNED RECORDS ....................................................................... 15

SC-22 COMPUTING EQUIPMENT AND SERVICES ............................................................................................................ 15

SC-23 TRAINING ..................................................................................................................................................................... 15

SC-24 PRE-EXISTING CONDITIONS .................................................................................................................................... 16

SC-25 AVAILABILITY AND LIMITATION OF FUNDS .......................................................................................................... 16

SC-26 REPORTING FRAUD, WASTE, AND ABUSE TO THE OFFICE OF THE DOE INSPECTOR GENERAL ............. 17

SC-27 CONTRACTOR-FURNISHED DRAWINGS AND SPECIFICATIONS ....................................................................... 17

SC-28 FINES AND PENALTIES ............................................................................................................................................. 17

SC-29 LIQUIDATED DAMAGES - RESERVED .................................................................................................................... 17

SC-30 TEMPORARY ACCESS AND HAUL ROADS - RESERVED .................................................................................... 18

SC-31 SMALL BUSINESS SUBCONTRACTING PLAN - RESERVED ............................................................................... 18

SC-32 LABOR, PERSONNEL, AND WORK RULES ............................................................................................................ 18

SC-33 RESERVED .................................................................................................................................................................. 18

SC-34 PERFORMANCE OF WORK BY THE SUBCONTRACTOR ..................................................................................... 18

SC-35 MANAGEMENT OF WASTE ....................................................................................................................................... 18

SC-36 LIST OF ATTACHMENTS ........................................................................................................................................... 18

Attachment 1 CONTRACTOR’S Insurance Program .......................................................................................... 18

Attachment 2 RESERVED....................................................................................................................................... 18

Attachment 3 Security and Badging Requirements............................................................................................ 18



Attachment 6 Workplace Substance Abuse Program (WSAP) Compliance Submittal .................................. 18



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Special Conditions - Fixed Price Construction Request For Proposal No. MR-17-047331 Rev 3, 4/18/17 3 of 19 URS | CH2M Oak Ridge LLC




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Special Conditions - Construction Request For Proposal No. MR-17-047331 Rev 3, 4/18/17 4 of 19 URS | CH2M Oak Ridge LLC

SC-1 MODIFICATIONS TO GENERAL CONDITIONS

“NONE”

SC-2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF THE WORK

A. The period of performance for this Subcontract is estimated to begin on 9/12/17 and will be complete on 7/19/18.

B. SUBCONTRACTOR shall complete the Work under this Subcontract to meet the following Subcontract Milestone dates:

No. Subcontract Milestone Days After Award

1. Pre-Mobilization Submittals 25

2. Mobilization 44

3. Remove Overhead Utilities at Headwork Sites 59

4. Installation of new Steam Condensation Return Piping 150

5. Balance of Site Work 130

6. Demobilization 160

7. Contract Closeout 170

D. SUBCONTRACTOR shall provide CONTRACTOR a comprehensive and detailed narrative description of its plan

for performing each part of the Work under this Subcontract in accordance with the Subcontract Baseline Schedule

as required by the Special Condition entitled “SCHEDULE.” If, at any time, SUBCONTRACTOR fails to achieve

adequate progress towards the completion of the Work required by this Subcontract, as demonstrated by the

failure to complete activities in accordance with the approved Subcontract Baseline Schedule, CONTRACTOR

may give SUBCONTRACTOR written notice to take necessary steps to improve progress. On receipt of such

notice, SUBCONTRACTOR shall take such measures as SUBCONTRACTOR deems appropriate to correct the

failure and regain schedule compliance. If SUBCONTRACTOR does not demonstrate that progress performance

has adequately improved within a reasonable time, as determined by CONTRACTOR, CONTRACTOR may, by

written notice to SUBCONTRACTOR, require SUBCONTRACTOR to take specific actions determined by

CONTRACTOR as necessary to improve Subcontract progress performance. These actions may include any or

all of, but are not limited to, the following: an increase in SUBCONTRACTOR’S labor force; an increase in the

number of shifts, overtime operations, or days of work per week; expedited shipment(s) of equipment and/or

materials; and/or an increase in the amount of construction plant and equipment. Any and all actions required to

be taken by SUBCONTRACTOR to recover from the failure to achieve adequate performance progress towards

successful completion of the Work under this Subcontract, whether taken in response to the notice to improve

progress or the notice to take specific designated actions, will be taken at no cost to the CONTRACTOR, and will

not be the basis for a request for equitable adjustment, either for cost recovery or for schedule extension.

SUBCONTRACTOR’S obligation to achieve the quality of work and rate of progress required by this Subcontract

remains unaffected by the issuance of notice, or the failure to give any notice authorized under this paragraph.

Noncompliance with CONTRACTOR’S instructions shall be grounds for CONTRACTOR’S determination that

SUBCONTRACTOR is not prosecuting the Work with such diligence as will assure completion within the times

specified. Upon such determination, CONTRACTOR may terminate this Subcontract for default pursuant to the

General Condition entitled "TERMINATION FOR CAUSE”.


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SC-3 SUBCONTRACT SCHEDULES

A. Within ten (10) days after Subcontract award, SUBCONTRACTOR shall prepare and submit for CONTRACTOR’S approval a detailed schedule for the performance of the Work as required by the Subcontract (such approved schedule, the “Work Schedule”). The Work Schedule must conform to all schedule parameters provided in the Subcontract, including without limitation the Project Schedule. SUBCONTRACTOR shall, subject to CONTRACTOR’S approval, maintain and update the Work Schedule throughout the performance of the Work. Unless directed otherwise by CONTRACTOR, SUBCONTRACTOR shall perform the Work strictly in accordance with the Work Schedule (as updated), and shall, without additional cost to CONTRACTOR, work such overtime or take such other or different measures as may be required in order to meet the Work Schedule.

B. SUBCONTRACTOR represents that it shall (i) prepare documents for its planning, scheduling and coordination of the Work that are feasible and realistic, and (ii) prepare schedules, updates, revisions and reports that accurately reflect SUBCONTRACTOR’S reasonable expectations as to the sequence of activities, duration of activities, productivity or efficiency, projected and actual completion of any Work item or activity, and delays or problems expected or encountered and specified float time.

C. SUBCONTRACTOR acknowledges that the dates required in the Work Schedule for the performance and completion of the Work are essential conditions of the Subcontract and agrees that SUBCONTRACTOR’S failure to perform and complete the Work consistent with such dates shall constitute a material violation of the Subcontract for the purposes of GC-17 and for the purposes of any other remedy available to the CONTRACTOR under the Subcontract, at law, and/or in equity.

SC-4 POINTS OF CONTACT

CONTRACTOR will designate a Subcontract Administrator (SCA) who will be responsible for administering the

Subcontract terms and conditions and who shall act as CONTRACTOR’S authorized representative. The only person

with authority to direct SUBCONTRACTOR to deviate from the express, written terms of the Subcontract is the

authorized CONTRACTOR’S SCA. CONTRACTOR correspondence shall be issued by the SCA. All

SUBCONTRACTOR correspondence should be addressed to the SCA unless otherwise required by specific

Subcontract provisions.

CONTRACTOR will designate a Subcontract Technical Representative (STR) who will be responsible for the technical

aspects of the performance of the Subcontract. Should SUBCONTRACTOR and the STR disagree over the technical

requirements of the Subcontract; such matters will be immediately referred to CONTRACTOR’S SCA for resolution.

The STR will be responsible for CONTRACTOR’S Subcontract Tracking and Reporting (STAR) database and its

coordination with SUBCONTRACTOR for status. The STR does not possess authority, expressed or implied, to direct

SUBCONTRACTOR to deviate from the terms and conditions of the Subcontract. No change in the scope or within

the scope of this Subcontract that would effect a change in any term or provision of this Subcontract shall be made

except by a Modification or Change Order executed by CONTRACTOR’S SCA. SUBCONTRACTOR is responsible

for ensuring that all SUBCONTRACTOR Employees are knowledgeable and cognizant of this Subcontract provision.

Changes to Subcontract effort accepted and performed by SUBCONTRACTOR Employees outside of the

Subcontract, without written authorization from CONTRACTOR, shall be the responsibility of SUBCONTRACTOR.

No information other than that which may be contained in an authorized modification to the Subcontract duly issued

by CONTRACTOR’S SCA, which may be received from any person employed by CONTRACTOR, the Government,

or others, will be considered as grounds for a change from any requirement of this Subcontract.

Before starting Work, SUBCONTRACTOR shall designate a competent, authorized representative acceptable to

CONTRACTOR to represent and act for SUBCONTRACTOR and shall inform CONTRACTOR in writing of the name

and address of such representative together with a clear definition of the scope of that representative’s authority to

represent and act for SUBCONTRACTOR and shall specify any and all limitations of such authority.

SUBCONTRACTOR shall keep CONTRACTOR informed of any subsequent changes in the foregoing. Such

representative shall be available at all times when Work is actually in progress. During periods when Work is

suspended, arrangements for an authorized representative acceptable to CONTRACTOR shall be made for any


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emergency Work that may be required. All notices, determinations, instructions, and other communications given to

the authorized representative by CONTRACTOR shall be binding upon SUBCONTRACTOR.

Unless otherwise specified all notices and communications in accordance with or related to this Subcontract shall be

between authorized representatives designated in writing by the Parties. Notices shall be in writing and may be served

either personally on the authorized representative of the receiving Party or by mail to the address shown on the face

of this Subcontract or such address as directed by notice.

SC-5 SUBCONTRACT CORRESPONDENCE

SUBCONTRACTOR shall serially number all correspondence issued on the Subcontract. All correspondence, unless specified otherwise elsewhere in the Subcontract, shall include the Subcontract Number and serial number and shall be addressed to:

URS | CH2M Oak Ridge LLC

Post Office Box 4699

Oak Ridge, TN 37831-7243

Attention: KARI SCHWENKNER Reference Subcontract Number: TBD

SC-6 KEY PERSONNEL

Key personnel for this Subcontract are as follows:

Name Title/Position

Project Manager

Construction Supervisor

ES & H Representative

Project Manager must have a minimum of 5 years as a Project Manager with experience managing at least two comparable projects. Construction Supervisor shall have a minimum of 3 years’ supervisory experience in design build construction work being performed under the Davis-Bacon Act labor requirements. ES&H Representative must provide an Occupational Safety & Health Administration (OSHA) 30-Hour Training Certificate in Construction Standards, a minimum of three (3) years ES&H discipline working experience specific to the construction industry and a current First Aid/Cardiopulmonary Resuscitation (CPR) Certification.

SUBCONTRACTOR’s Construction SUpervisor and ES & H Representative must be on the jobsite at all times during performance of the fieldwork.

Whenever, for any reason, one or more of the aforementioned persons is unavailable for assignment for Work under this Subcontract, SUBCONTRACTOR shall, with the prior approval of CONTRACTOR, replace such person with a person of substantially equal abilities and qualifications. The SUBCONTRACTOR must submit resumes and any additional information (i.e. transcripts, references, training certifications, etc), with any request for CONTRACTOR approval to replace assigned key personnel.

SC-7 LOWER TIER SUBCONTRACTORS

A. SUBCONTRACTOR shall notify CONTRACTOR in writing of the names of Lower Tier Subcontractors proposed for any of the Work and shall not subcontract any part of the Work without the prior written authorization of CONTRACTOR. SUBCONTRACTOR shall not subcontract the Work as a whole. SUBCONTRACTOR shall bind all Lower Tier Subcontractors to the provisions of the Subcontract applicable to the subcontracted Work.


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B. If the proposed additional/substitute Lower Tier Subcontractor is to perform Work under this Subcontract on a site managed by CONTRACTOR, the proposed substitute Lower Tier Subcontractor must meet CONTRACTOR’S minimum Environment, Safety, and Health (ESH) qualification requirements as follows:

The proposed additional/substitute Lower Tier Subcontractor must:

Have an average Experience Modification Rate (EMR) of 1.0 or less, as verified by Lower Tier

SUBCONTRACTOR’S insurance carrier, an Occupational Safety and Health Administration (OSHA)

Recordable Workday Case Rate of 2.8 or less, and an OSHA Lost Workday Case Rate of 0.60 or less for the

previous three (3) years.

Have not received any willful citations from OSHA or other regulatory organization during the previous three

(3) years.

Have not received, or contributed to the receipt of, any citations or fines for Price-Anderson Amendments Act

(PAAA) or Worker Safety and Health non-compliances during the previous three- (3) years.

Have not received, or contributed to the receipt of, any citations for Nuclear Regulatory Commission (NRC)

non-compliance during the previous three- (3) years.

Have not received, or contributed to the receipt of, any citations by a federal or state agency for violations of

an environmental regulatory requirement during the previous three- (3) years.

C. CONTRACTOR may not approve any proposed additional/substitute Lower Tier Subcontractor if CONTRACTOR has actual knowledge of the proposed additional/substitute Lower Tier Subcontractor’s poor environmental compliance or safety performance under existing subcontracts with CONTRACTOR or any work performed for others even if the proposed Lower Tier Subcontractor has otherwise met all other ES&H qualification requirements in paragraph B above.

D. SUBCONTRACTOR’S request for CONTRACTOR approval of additional/substitute Lower Tier Subcontractor(s) must include the following information for each proposed additional/substitute Lower Tier Subcontractor:

A brief explanation of the need to alter the list of Lower Tier Subcontractors

Name, address, contact, and phone number of proposed Lower Tier Subcontractor

Summary list of tasks to be performed under this Subcontract by the proposed Lower Tier Subcontractor

ESH qualification data for the proposed Lower Tier Subcontractor if required under paragraph B of this clause.

E. Neither the Subcontract nor any subcontract with a Lower Tier Subcontractor shall create any contractual relationship between any Lower Tier Subcontractor and either Owner or CONTRACTOR, nor any payment or other obligation on the part of either Owner or CONTRACTOR to any Lower Tier Subcontractor.

F. Notwithstanding the existence of any subcontract with a Lower Tier Subcontractor, SUBCONTRACTOR shall be fully responsible to CONTRACTOR for the performance of the Work as if no such subcontract exists.

SC-8 CONTRACTOR-FURNISHED UTILITIES AND FACILITIES

A. Utilities. The utilities listed below will be furnished by CONTRACTOR without cost to SUBCONTRACTOR, provided that all such utilities will be furnished at outlets existing on the Jobsite, and SUBCONTRACTOR shall, at its expense, extend such utilities from said outlets to points of use and at completion of all the Work remove all materials and equipment used for such extensions.

Water for construction;

B. Facilities. CONTRACTOR will furnish the facilities listed below. SUBCONTRACTOR may use such facilities without charge, provided that any such use will be subject to written approval of CONTRACTOR. If any of these


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facilities are owned by the Government, the terms and conditions of the General Condition entitled “GOVERNMENT PROPERTY” shall apply.

,

, Specify laydown area,.

Parking area.

SC-9 CONTRACTOR-FURNISHED GOVERNMENT-OWNED MATERIALS AND EQUIPMENT - RESERVED

SC-10 NONEPOSSIBILITY OF CONTAMINATION OF SUBCONTRACTOR-OWNED MATERIALS AND EQUIPMENT

SUBCONTRACTOR’S equipment may become contaminated during the course of this Work. All SUBCONTRACTOR

equipment must be fully decontaminated prior to removal from the Work Area. SUBCONTRACTOR shall provide

decontamination and contaminated material control procedure(s) for CONTRACTOR’S review and acceptance.

SUBCONTRACTOR shall obtain CONTRACTOR’S authorization to remove any equipment from the Site.

Prior to SUBCONTRACTOR equipment arriving at the site, SUBCONTRACTOR shall inform CONTRACTOR of the

specific radioactive contaminants that could be left over from previous work. CONTRACTOR will survey

SUBCONTRACTOR’S equipment upon arrival at the Site to establish a radiation contamination profile as a baseline

for the non-CONTRACTOR radioactive contaminants. The equipment shall meet CONTRACTOR’S health physics

standards for radioactivity before it will be permitted to enter the Work Area. Information regarding these standards is

prescribed in Mandatory Contractor Procedure titled Radiation Protection Program Description for URS | CH2M Oak

Ridge LLC Oak Ridge, Tennessee. Any radioactive contaminants that are present must be in the form of surface

contamination and shall not exceed the levels prescribed. Any preliminary decontamination to remove non-

CONTRACTOR radioactive contaminants that may be required shall be performed by the SUBCONTRACTOR and

will be performed at SUBCONTRACTOR’S expense. SUBCONTRACTOR will be solely responsible for the disposal

of all wastes generated as a result of preliminary decontamination to remove non-CONTRACTOR radioactive

contaminants. Neither CONTRACTOR nor the Government shall be designated as generator of such waste.

The equipment shall also be free of non-radioactive hazardous contaminants upon arrival at the Site. Verification shall

be supplied by SUBCONTRACTOR that the equipment does not contain hazardous contaminants upon arrival,

including residual hazardous contaminants that might be hidden inside equipment. In the event that the equipment is

found to be contaminated with non-CONTRACTOR non-radioactive hazardous contaminants upon arrival,

SUBCONTRACTOR will not be permitted to commence Work until the equipment is free of significant (non-trace) non-

CONTRACTOR contamination, as defined by CONTRACTOR. Any preliminary decontamination to remove non-

CONTRACTOR hazardous contaminants that may be required shall be performed by the SUBCONTRACTOR and

will be performed at SUBCONTRACTOR’S expense. SUBCONTRACTOR will be solely responsible for the disposal

of all wastes generated as a result of preliminary decontamination to remove non-CONTRACTOR non-radioactive

hazardous contaminants. Neither CONTRACTOR nor the Government shall be designated as the generator of non-

CONTRACTOR non-radioactive or hazardous waste.

Upon completion of the Work, CONTRACTOR will survey and inspect SUBCONTRACTOR’S equipment before it is

removed from the Work Area to establish a post-processing radiation contamination profile. If the equipment

contamination profile exceeds the required exit decontamination limits as prescribed by the CONTRACTOR Radiation

Protection Program Description. SUBCONTRACTOR shall carry out the necessary radioactive decontamination at

the Jobsite in accordance with the SUBCONTRACTOR’S approved procedures.

SUBCONTRACTOR shall take all reasonable measures to mitigate the potential for contamination of its major

equipment (major equipment excludes tools and equipment accessories) during performance of the Work. If

CONTRACTOR determines that required exit decontamination limits for any item of major equipment is unattainable,

despite SUBCONTRACTOR’S best efforts, SUBCONTRACTOR will be compensated for the appraised value of the

major equipment considering age, condition, and value of similar equipment, unless contamination of said equipment

is deemed by the CONTRACTOR to be the result of carelessness or negligence on the part of the


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SUBCONTRACTOR. If an agreed upon value cannot be negotiated, an independent appraiser may be used to

determine value.

SUBCONTRACTOR shall provide to the STR, in advance of use, a list of tools, items of equipment and accessories

(e.g. hand drills, transfer pumps, hoses, etc.) to be utilized in performance of that work that, because of the nature or

configuration of the tool, equipment, or accessory, may be reasonably expected not to be capable of being

decontaminated through reasonable efforts. SUBCONTRACTOR shall be responsible for the cost of all such tools,

equipment, and accessories, and will not receive compensation pursuant to the paragraph above for tools, equipment,

and accessories that are identified or should have been identified, pursuant to this paragraph.

SC-11 CONTRACTOR-FURNISHED PERMITS

The General Condition entitled "PERMITS AND LICENSES" notwithstanding, CONTRACTOR will, without cost to SUBCONTRACTOR, furnish the permits listed below; however, SUBCONTRACTOR shall, as necessary, provide CONTRACTOR and/or the Government with assistance in obtaining such permits or permit modifications as may be required. SUBCONTRACTOR shall, in accordance with said General Condition provide all other permits. All such CONTRACTOR-furnished permits are available for examination at the project office of CONTRACTOR during regular business hours.

Permits to be furnished by CONTRACTOR:

LOCKOUT/ TAGOUT

EXCAVATION/ PENETRATION

HOT WORK

SC-12 MEASUREMENT FOR PAYMENT

Payment to SUBCONTRACTOR will be made in accordance with Exhibit C, Forms A, A-1, and A-2.

SC-13 INVOICING AND PAYMENT

SUBCONTRACTOR shall prepare and submit invoices in accordance with Exhibit C, Forms A-1 and A-2. Payment

may be made via check or Electronic Funds Transfer (EFT). Information and requirements for payment via EFT is

available on the Internet at http://info.ettp.energy.gov/cfo/.

Within ten (10) days after invoice receipt, CONTRACTOR may reject all or part of such invoice because the

measurement for payment provisions have not been met, noting the deficiencies for SUBCONTRACTOR correction

and compliance with the Subcontract requirements.

SUBCONTRACTOR shall certify in each invoice that there are no known outstanding mechanic's or material-men's liens and that all due and payable bills have been paid or are included in the application for payment.

Within thirty (30) days after receipt of a correct invoice, CONTRACTOR will pay the amount of the approved SUBCONTRACTOR invoice except as otherwise specified below. CONTRACTOR may, as a condition precedent to any payment, require SUBCONTRACTOR to submit for itself, its subcontractors, immediate and remote, and all material suppliers, vendors, laborers, and other parties acting through or under it, complete waivers and releases of all claims against CONTRACTOR or the Government arising under or by virtue of this Subcontract. Upon request, SUBCONTRACTOR shall also furnish acceptable evidence that all such claims have been satisfied.

Any amounts otherwise payable under this Subcontract may be withheld, in whole or in part, if there is/are:

any claims are filed, or reasonable evidence indicating probable filing of claims, including lien claims, against

SUBCONTRACTOR by CONTRACTOR, the Government, or third parties;

incomplete, defective or damaged Work not remedied, or failure of the SUBCONTRACTOR to perform or comply

with any of its obligations under the Subcontract Document;

backcharges (per GC-46);

http://info.ettp.energy.gov/cfo/


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SUBCONTRACTOR is in material default of any Subcontract condition;

damage to CONTRACTOR’S, Owner’s or their respective other contractor’s work;.

SUBCONTRACTOR submittal/deliverable requirements that have not been met;

failure of the SUBCONTRACTOR to make payments when due to Lower Tier Subcontractors;

reasonable insecurity regarding SUBCONTRACTOR’S intention or ability to continue with the proper and timely

performance of the Work;

adjustments are due from previous overpayment or audit result;

offsets in favor of CONTRACTOR in other transactions are asserted;

expenses arising from frivolous claims against the CONTRACTOR.

Funds withheld in accordance with this Subcontract are not for the benefit of the bonding company or any other third

party.

CONTRACTOR shall review and process all invoices for payment submitted by SUBCONTRACTOR.

Any invoice deviating from the requirements of this clause will be returned to SUBCONTRACTOR for correction and/or

submission of acceptable supporting documentation.

Terms of payment contained in the Subcontract shall take precedence over terms of payment shown on

SUBCONTRACTOR’S invoices or elsewhere.

No payment shall constitute a waiver of any claims CONTRACTOR may have against SUBCONTRACTOR.

All payments are provisional and any overpayment by CONTRACTOR to SUBCONTRACTOR shall be deemed to be

a mistake of fact and promptly repaid to CONTRACTOR upon demand.

The date of receipt by CONTRACTOR of a proper, complete and fully substantiated invoice from SUBCONTRACTOR

will establish the effective date of the invoice. If not otherwise specified in the Subcontract, payment shall be net thirty

(30) days after the effective date of the invoice. The acceptance of any payment shall constitute a waiver of all claims

by SUBCONTRACTOR.

Applicable freight charges and sales and use taxes shall be shown separately on the invoices. Freight charges shall

be supported by copy of the paid freight bill

CONTRACTOR will pay such withheld payments if SUBCONTRACTOR:

pays, satisfies, or discharges any claim of CONTRACTOR, the Government, or third parties against SUBCONTRACTOR under or by virtue of this Subcontract; or

cures all defaults in the performance of this Subcontract.

If claims filed against SUBCONTRACTOR connected with performance under this Subcontract, for which CONTRACTOR may be held liable if unpaid (e.g., unpaid withholding and back taxes), are not promptly satisfied by SUBCONTRACTOR after receipt of written notice from CONTRACTOR to do so, CONTRACTOR may satisfy such claims and deduct all costs in connection with such action from withheld payments or other monies due, or which may become due, to SUBCONTRACTOR. If the amount of such withheld payment or other monies due SUBCONTRACTOR under this Subcontract is insufficient to meet such costs, or if any claim against SUBCONTRACTOR is discharged by CONTRACTOR after final payment is made, SUBCONTRACTOR and its surety or sureties, if any, shall promptly pay CONTRACTOR all costs incurred thereby regardless of when such claim arose or whether such claim imposed a lien upon the Work under this Subcontract or the real property upon which the Jobsite is situated.

Upon receipt by SUBCONTRACTOR of CONTRACTOR’S Notice of Final Acceptance of the Work under this Subcontract, SUBCONTRACTOR shall prepare an estimate of all remaining Work satisfactorily completed under this


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Subcontract. Upon CONTRACTOR’S approval of such estimate, SUBCONTRACTOR shall prepare and submit its final invoice in accordance with the approved estimate.

Unless otherwise specified by applicable law, CONTRACTOR shall, within sixty (60) days following Final Acceptance of the Work and after submittal of such final invoice, pay to SUBCONTRACTOR the amount then remaining due, provided that SUBCONTRACTOR shall have furnished CONTRACTOR for itself, its Lower Tier Subcontractors, immediate and remote, and all material suppliers, vendors, laborers, and other parties acting through or under it, waivers and releases of all claims against CONTRACTOR or the Government arising under or by virtue of this Subcontract, except such claims, if any, as may with the consent of CONTRACTOR be specifically excepted by SUBCONTRACTOR from the operation of the release in stated amounts to be set forth therein.

Where services are tracked by CONTRACTOR using CONTRACTOR’S ”STAR” database, the STAR Subcontract Performance Detail report signed by the STR and SUBCONTRACTOR must accompany each invoice.

SUBCONTRACTOR shall submit all invoices electronically to the appropriate CONTRACTOR points of contact as follows:

Accounts Payable at [email protected]

Subcontract Administrator at: KARI SCHWENKNER

Subcontract Technical Representative at: STEVEN DOUGLAS

Reference Subcontract Number: TBD on the e-Mail subject line.

If SUBCONTRACTOR is unable to submit invoices via e-Mail, invoices shall be sent to:

URS | CH2M Oak Ridge LLC P.O. Box 4699 MS-7060 Oak Ridge TN, 37831-4699 Attn: Accounts Payable Subcontract No.

SC-14 INSURANCE

A. Contractor Furnished Insurance

1. CONTRACTOR on behalf of DOE, at its sole expense, has implemented an insurance program (Program) to

furnish certain insurance coverage for Work performed at sites managed or controlled by CONTRACTOR

under its prime contract with DOE. The Program is only for the benefit of CONTRACTOR, DOE, and

subcontractors who have been properly enrolled in the Program. The Program, including CONTRACTOR

provided coverage, enrollment requirements, and enrollment forms, is provided as Attachment 1 to these

Special Conditions.

2. CONTRACTOR reserves the right to terminate or modify the insurance program or request that an enrolled

SUBCONTRACTOR withdraw from the coverage. Should SUBCONTRACTOR be excluded from, or

terminated from participation in CONTRACTOR’S insurance programs as described herein,

SUBCONTRACTOR shall procure workers compensation insurance and such other insurance as required by

law or directed by CONTRACTOR. If such exclusion or termination or CONTRACTOR direction results in

increased costs, SUBCONTRACTOR shall be entitled to an equitable adjustment as provided in the General

Condition clause entitled “Changes”.

3. SUBCONTRACTOR shall cooperate with CONTRACTOR in the administration and operation of the Program.

SUBCONTRACTOR’S responsibilities shall include, but are not limited to:

Inclusion of the Program provisions in all subcontracts at any tier

Immediate notification to CONTRACTOR’S SCA of award of all Lower Tier subcontracts

mailto:[email protected]


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Timely submission of enrollment forms for SUBCONTRACTOR and all Lower Tier subcontracts

Compliance of all subcontractors of all tiers to the requirements of the Program

Cooperation with the Program Insurer for collection of records necessary for premium computation

4. SUBCONTRACTOR agrees that any and all return of premium, dividends, discounts, or other adjustments to

any Program required policy are assigned and transferred to CONTRACTOR. This assignment pertains to

the Program policies as currently written and as subsequently modified, rewritten, or replaced by the insurance

company, including any additional amounts or coverage as a result thereof. SUBCONTRACTOR’S rights to

policy cancellation of Program required policies are also assigned to CONTRACTOR. This assignment is

only valid for Program policies where CONTRACTOR has paid premiums on behalf of SUBCONTRACTOR.

5. In the event that SUBCONTRACTOR is required by the Scope of Work to provide vehicle(s) for use by

CONTRACTOR personnel CONTRACTOR shall provide appropriate insurance coverage for the vehicle(s)

and shall provide SUBCONTRACTOR with proof of insurance coverage.

B. Subcontractor Furnished Insurance

1. Unless otherwise specified in this Subcontract, and without duplicating any insurance furnished by

CONTRACTOR under the insurance Program described in paragraph A.1. above, SUBCONTRACTOR shall,

at its sole expense, maintain in effect at all times during the performance of the Work, insurance with limits as

set forth in this clause with insurers and under forms of policies satisfactory to CONTRACTOR.

SUBCONTRACTOR shall submit to CONTRACTOR no later than ten (10) calendar days after Subcontract

award, but in any event prior to commencing the Work or entering the Project Site, certificates of insurance,

including appropriate Additional Insured endorsements as specified in this clause, as evidence that policies

providing such coverage and limits of insurance are in full force and effect. Certificates shall be in the

standardized “Acord” form unless otherwise approved by CONTRACTOR prior to submittal. CONTRACTOR

shall, without exception, be given not less than thirty- (30) days notice prior to cancellation for other than non-

payment of premium or for material change of any insurance required under this Subcontract. Non-payment

of premium shall require 10 days notice of cancellation. Confirmation of this mandatory thirty (30) days notice

of cancellation shall appear on any and all insurance policies required under this Subcontract and shall appear

on all certificates. Updated certificates must be submitted prior to expiration of any policies required by this

Subcontract. Certificates shall identify on their face the project name and the number of this Subcontract.

The requirements for SUBCONTRACTOR furnished insurance as to types and limits, as well as

CONTRACTOR’S approval of insurance coverage to be maintained by SUBCONTRACTOR, are not intended

to and shall not in any manner limit or qualify the liabilities and obligations assumed by SUBCONTRACTOR

under this Subcontract. In the event SUBCONTRACTOR maintains insurance against physical loss or

damage to SUBCONTRACTOR’S construction equipment and tools; such insurance shall include an insurer’s

waiver of rights of subrogation in favor of CONTRACTOR and DOE.

a. CONTRACTOR and DOE and their subsidiaries and affiliates, and the officers, directors and employees are included as additional insureds on the General Liability and Auto Liability policies. Coverage afforded to the additional insureds applies on a primary basis and any insurance or self-insurance maintained by the additional insureds is excess and non-contributory, and shall contain a cross-liability or severability of interest clause. Waiver of Subrogation applies in favor CONTRACTOR and the DOE and their subsidiaries and affiliates, and their officers, directors and employees on General Liability, Auto Liability and Worker’s Compensation policies. .

Any insurance provided by CONTRACTOR and DOE, their subsidiaries and affiliates, and their officers,

directors and employees, is excess of, and shall not in any manner contribute to, any insurance provided

on their behalf as Additional Insureds under insurance provided by the SUBCONTRACTOR under this

subcontract regardless of whether such SUBCONTRACTOR-provided insurance is written on a primary,

excess or umbrella basis.


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Workers’ Compensation as required by any applicable law or regulation FOR ALL EMPLOYEES

FALLING OUTSIDE OF THE WORKERS’ COMPENSATION LAWS OF TENNESSEE AND FOR

WORK PERFORMED AT LOCATIONS NOT MANAGED OR CONTROLLED BY CONTRACTOR.

If there is an exposure of injury to SUBCONTRACTOR’S employees under the U.S. Longshoremen’s

and Harbor Workers’ Compensation Act, the Jones Act or under laws, regulations or statutes

applicable to maritime employees, coverage shall be included for such injuries or claims.

Employer’s Liability – Policy Limits shall not be less than:

$1,000,000 each accident

$1,000,000 each employee

$1,000,000 policy limit - disease

Commercial General Liability (“occurrence form”) covering all operations by or on behalf of

SUBCONTRACTOR FOR ALL WORK PERFORMED AT LOCATIONS NOT CONTROLLED OR

MANAGED BY CONTRACTOR, providing insurance for bodily injury liability and property damage

liability and including coverage for:

o Premises and Operations

o Products and Completed Operations

o Contractual Liability

o Broad Form Property Damage (including Completed Operations)

o Explosion, Collapse and Underground Hazards

o Personal Injury Liability

Policy limits shall not be less than $1,000,000 - Combined single limits for Bodily Injury and Property

Damage each occurrence; $2,000,000 General aggregate; $2,000,000 Products and Completed

Operations Aggregate. Completed Operations coverage shall be maintained for five (5) years after

project completion.

Automobile Liability Insurance including coverage for the operation of any non-DOE owned vehicle,

AT OR AWAY FROM THE PROJECT SITE, including but not limited to, owned, hired and non-owned

automobiles. SUBCONTRACTOR’S Automobile Liability Insurance shall include coverage for

Automobile Contractual Liability. Policy limits shall not be less than $1,000,000 – Combined single

limit for Bodily Injury and Property Damage Liability for any one accident or loss.

b. Special Operations Coverage – Unless otherwise stated below, CONTRACTOR and DOE and their subsidiaries and affiliates, and the officers, directors and employees of the foregoing shall be names as Additional Insureds, but only with respect to liability arising out of operations for CONTRACTOR and DOE by or for the SUBCONTRACTOR. Appropriate Additional Insured Endorsements shall be attached to the policy. Such insurance shall be primary and any other coverage maintained for or by the Additional Insureds be excess and non-contributory, and shall contain a cross-liability or severability of interest clause.

Involve inspection, handling or removing of asbestos. SUBCONTRACTOR shall also carry Asbestos

Liability Insurance in an amount of not less than $2,000,000 per occurrence or claim/$2,000,000

annual aggregate. Such insurance shall include five (5) years Completed Operations coverage

if written on an occurrence basis or a five (5) year extended discovery period if written on a

claims-made basis and shall name UCOR and DOE as additional insureds, state that it is

primary insurance and any other coverage maintained by or for the additional insureds shall


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be excess and non-contributory, and contain a cross-liability or severability of interest clause.

Such insurance shall include a Waiver of Subrogation in favor of CONTRACTOR and the DOE.

Any insurance provided by CONTRACTOR and DOE, their subsidiaries and affiliates, and their officers,

directors and employees, is excess of, and shall not in any manner contribute to, any insurance provided

on their behalf as Additional Insureds under insurance provided by the SUBCONTRACTOR under this

subcontract regardless of whether such SUBCONTRACTOR-provided insurance is written on a primary,

excess or umbrella basis.

2. SUBCONTRACTOR shall commence no Work of any kind under this Subcontract until SUBCONTRACTOR

has complied with all insurance requirements of this Subcontract, and until evidence of such compliance

reasonably satisfactory to CONTRACTOR as to form and content has been submitted to and accepted by

CONTRACTOR.

3. SUBCONTRACTOR shall warrant that each and every insurance agent acting as an Authorized

Representative on behalf of an insurance company affording coverage required of SUBCONTRACTOR under

this Subcontract, when signing the insurance certificate, has been authorized by the insurance company to

bind coverage as required and to execute the certificate as evidence of such coverage. Further to this

warranty, each and every insurance agent, when signing the certificate, is licensed to do business in the

state(s) in which the Work is to be performed and that the company(s) are currently in good standing in such

states.

C. SUBCONTRACTOR agrees that if for any reason a Lower Tier Subcontractor fails to procure and maintain

insurance as required under paragraph B above, all such insurance shall be procured and maintained by

SUBCONTRACTOR. SUBCONTRACTOR’S responsibilities under this clause are considered to be material

requirements of this Subcontract.

SC-15 ACCELERATION

CONTRACTOR reserves the right to accelerate the Work in accordance with the General Condition entitled

“CHANGES.”

SC-16 QUALITY ASSURANCE

A. Program Requirements

Unless otherwise specified elsewhere in this Subcontract, all Work shall be performed in accordance with Exhibit

K “Quality Assurance Requirements”. CONTRACTOR reserves the right to perform independent assessments of

SUBCONTRACTOR Work processes as deemed appropriate.

B. Corrective action/noncompliance reports

SUBCONTRACTOR shall address the status of non-compliances (i.e. management assessment findings, NCRs,

etc.) or corrective actions in a monthly status report provided to the CONTRACTOR as required in Exhibit I.

SC-17 EXPLOSIVES - RESERVED

.

SC-18 SECURITY AND BADGING REQUIREMENTS

SUBCONTRACTOR shall comply with CONTRACTOR’S “Security and Badging Requirements” incorporated as Attachment 3 to these Special Conditions.

SC-19 WORKING HOURS AND HOLIDAYS

A. CONTRACTOR’S normal working hours are between 6:30 a.m. and 5:00 p.m., Monday through Thursday. Alternate work schedules may be authorized by approval of the CONTRACTOR.


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B. CONTRACTOR will observe the following business holidays:

Holiday 4-10’s

Mon-Thurs

4-10’s

Tues-Fri

5-8’s

Mon-Fri

New Year’s Day Observed (10 hrs) Observed (10 hrs) Observed (8 hrs)

Birthday of Martin Luther King, Jr. Observed (10 hrs) Scheduled Day Off Observed (8 hrs)

Good Friday Scheduled Day Off Observed (10 hrs) Observed (8 hrs)

Memorial Day Observed (10 hrs) Scheduled Day Off Observed (8 hrs)

Independence Day Observed (10 hrs) Observed (10 hrs) Observed (8 hrs)

Companion to Independence Day Observed (10 hrs) Observed (10 hrs) Observed (8 hrs)

Labor Day Observed (10 hrs) Observed (10 hrs)

(Tuesday)

Observed (8 hrs)

Thanksgiving Day Observed (10 hrs) Observed (10 hrs) Observed (8 hrs)

Day After Thanksgiving Scheduled Day Off Observed (10 hrs) Observed (8 hrs)

Companion to Christmas Day Observed (10 hrs) Observed (10 hrs) Observed (8 hrs)

Christmas Day Observed (8 hrs) Observed (8 hrs) Observed (8 hrs)

SC-20 LABORATORY ANALYSES - RESERVED

SC-21 CONTRACTOR-FURNISHED GOVERNMENT-OWNED RECORDS

CONTRACTOR will, without cost to SUBCONTRACTOR, formally transmit records to be used in performance of the Work under the Subcontract. SUBCONTRACTOR shall, immediately upon receipt thereof, check all records furnished against an inventory, also furnished, and shall promptly notify CONTRACTOR of any omissions or discrepancies. SUBCONTRACTOR shall acknowledge receipt of records by signing and returning a copy of the transmittal.

All government-owned records acquired by SUBCONTRACTOR under this Subcontract that are in the possession of SUBCONTRACTOR, shall be subject to inspection, copying, and audit by CONTRACTOR or its designees at all reasonable times, and upon the request of CONTRACTOR, SUBCONTRACTOR shall deliver such records to a location specified by CONTRACTOR for inspection, copying, and audit. SUBCONTRACTOR shall prepare and submit annually an inventory of government-owned records in the possession of SUBCONTRACTOR in accordance with the General Condition entitled “GOVERNMENT PROPERTY.”

In the event of completion or termination of this Subcontract, Government-owned records shall be formally transmitted to CONTRACTOR or its designees as directed by CONTRACTOR.

SC-22 COMPUTING EQUIPMENT AND SERVICES - RESERVED

SC-23 TRAINING

The SUBCONTRACTOR shall list the field work and support positions to which their Employees are assigned. The SUBCONTRACTOR shall identify the roles and responsibilities for each position (these may be defined by procedures that are utilized in the performance of duties). The SUBCONTRACTOR shall define and document any education and


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experience requirements, previous qualifications (i.e., union journeyman training), position skills training, safety training, facility specific training, and any other training required for individuals to be qualified for those positions. The SUBCONTRACTOR shall develop, maintain, and submit to the CONTRACTOR a matrix that lists the individuals in each position and the associated training requirements. The SUBCONTRACTOR shall develop procedure(s) to be followed to ensure that the training and qualification requirements will be met and shall verify, by submittal of appropriate certifications, that all Employees have completed the necessary training and qualification requirements to perform their assigned tasks.SUBCONTRACTOR shall bear all costs associated with required training as specified in this Subcontract of SUBCONTRACTOR Employees. This includes time required by SUBCONTRACTOR personnel to obtain the training as well as any associated tuition and materials costs. See Exhibit D, Scope of Work, Attachment 1 –Training Matrix.

SC-24 PRE-EXISTING CONDITIONS

CONTRACTOR recognizes that SUBCONTRACTOR shall not be held responsible for liability, expense, or costs that may be incurred, imposed on, or asserted against SUBCONTRACTOR arising out of any condition, act, or failure to act which occurred before SUBCONTRACTOR assumed responsibility on the effective date of this Subcontract. To the extent the acts or omissions of SUBCONTRACTOR cause or add to liability, expense, or costs resulting from conditions in existence prior to the effective date of this subcontract. SUBCONTRACTOR shall be responsible in accordance with the terms and conditions of this Subcontract.

The obligations of CONTRACTOR under this clause are subject to the availability of funds from the Department of Energy.

SUBCONTRACTOR has the duty to inspect the facilities and sites and timely identify, through the STR, to the SCA those conditions which it believes could give rise to a liability, obligation, loss, damage, penalty, fine, claim, action, suit, cost, expense, or disbursement or areas of actual or potential noncompliance with the terms and conditions of this Subcontract or applicable law or regulation. SUBCONTRACTOR has the responsibility to take corrective action, as directed by the SCA and as required elsewhere in this Subcontract.

SC-25 AVAILABILITY AND LIMITATION OF FUNDS

Funds are not presently available for performance of this Subcontract beyond the period and dollar amount specified in Exhibit C, Form A. CONTRACTOR’S obligation for performance of this Subcontract is contingent upon the availability of appropriated funds from which payment for Subcontract purposes can be made. No legal liability on the part of CONTRACTOR for any payment in excess of the amount presently available and obligated may arise for performance under this Subcontract until sufficient additional funds are obligated to this Subcontract. CONTRACTOR shall endeavor to give this Subcontract a high priority within its appropriated funds for each year of performance; provided, however, that nothing in this Subcontract shall be considered to bind or otherwise obligate CONTRACTOR to provide additional funds.

SUBCONTRACTOR shall notify CONTRACTOR’S SCA in writing whenever it has reason to believe that payments due within the next 60 days from CONTRACTOR under this Subcontract, when added to all payments previously made, will reach 75% of the Subcontract funding. SUBCONTRACTOR’S written notice shall specifically identify the payments made to date and the nature and amount of expected or anticipated payments that would result in payments that exceed the amount obligated. Upon receipt of such notice, CONTRACTOR will within 15- days respond to SUBCONTRACTOR with a plan of action to address funding requirements.

SUBCONTRACTOR is not obligated to continue Subcontract performance that would result in payment obligations on the part of CONTRACTOR in excess of the amount obligated. In the event SUBCONTRACTOR continues Subcontract performance, it does so at its own risk. If SUBCONTRACTOR continues performance and CONTRACTOR subsequently obligates sufficient additional funds to the Subcontract, SUBCONTRACTOR may invoice for items delivered in accordance with applicable clauses to the same extent as if such Work had been completed after such additional funds had been obligated.

In the event that additional funding is not made available to CONTRACTOR, then CONTRACTOR may 1) suspend performance in accordance with the General Condition entitled “SUSPENSION” or 2) terminate the Subcontract for


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convenience in accordance with the General Condition entitled “TERMINATION FOR CONVENIENCE OF CONTRACTOR.”

If SUBCONTRACTOR performs Work under this Subcontract ahead of the Schedules outlined in the Special Condition entitled “SUBCONTRACT SCHEDULES,” it does so at its own risk. Unless CONTRACTOR determines otherwise, consideration for payment by CONTRACTOR for completed units of Work will not begin until the date set forth in said Schedule.

SC-26 REPORTING FRAUD, WASTE, AND ABUSE TO THE OFFICE OF THE DOE INSPECTOR GENERAL

SUBCONTRACTOR is responsible to annually notify Employees of their duty to report allegations of fraud, waste, abuse, corruption, or mismanagement in DOE programs, operations, funds, or contracts to appropriate authorities. The annual notification shall include the provision that, notwithstanding the above, such Employees should, when appropriate, report directly to the DOE Inspector General (IG) any information concerning wrongdoing by DOE employees, contractors, subcontractors, grantees, or other recipients of DOE financial assistance, or their employees. All alleged incidents of fraud, waste, and abuse that have been referred to federal, state, or local law enforcement entities shall also be reported to the IG.

SUBCONTRACTOR is required to display and publish the DOE IG hotline telephone number in common areas of buildings under its cognizance, such as cafeterias, public telephone areas, official bulletin boards, reception rooms, and building lobbies.

SUBCONTRACTOR is required to publish the DOE IG hotline telephone number in telephone books and newsletters under its cognizance.

SUBCONTRACTOR Employees shall report to the DOE IG any allegations of reprisals taken against DOE, DOE CONTRACTOR, or DOE subcontractor employees who have reported fraud, waste, abuse, corruption, or mismanagement to the IG.

SC-27 CONTRACTOR-FURNISHED DRAWINGS AND SPECIFICATIONS

CONTRACTOR will furnish specifications and prints of engineering design drawings for each part of the Work under this Subcontract. Such drawings will give information required for the preparation of detail drawings by SUBCONTRACTOR.

All drawings listed in Exhibit F, DRAWINGS, are a part of this Subcontract; however, SUBCONTRACTOR shall perform Work in accordance with drawings marked "Issued for Construction" (IFC), which may be issued by CONTRACTOR after execution of this Subcontract. Such IFC drawings will be issued by subcontract Change Order and upon issuance become a part of the subcontract, superseding or supplementing the original Subcontract drawings. If SUBCONTRACTOR considers such issue to be a change affecting cost or schedule, the provisions of the General Condition entitled "CHANGES" apply. SUBCONTRACTOR shall perform Work only in accordance with IFC drawings and any subsequent revisions thereto.

SC-28 FINES AND PENALTIES

If a state or federal agency takes an enforcement action with associated fines and penalties against CONTRACTOR or Government for regulatory and/or permit noncompliance that resulted from a failure of SUBCONTRACTOR to perform in accordance with this Subcontract (e.g., failure to meet regulatory reporting milestones, making false statements in reports, etc.), SUBCONTRACTOR shall reimburse CONTRACTOR or the Government for the amount of any resultant fine and/or the cost of additional Work required as a result of the enforcement action. CONTRACTOR may withhold such amounts from any payments due SUBCONTRACTOR.

SC-29 LIQUIDATED DAMAGES - RESERVED


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SC-30 TEMPORARY ACCESS AND HAUL ROADS - RESERVED

SC-31 SMALL BUSINESS SUBCONTRACTING PLAN - RESERVED

SC-32 LABOR, PERSONNEL, AND WORK RULES

SUBCONTRACTOR shall, to the extent permissible under applicable law, comply with the provisions of any labor agreement(s) that apply to the Work performed under this Subcontract as specified in Exhibit J.

SC-33 RESERVED

SC-34 PERFORMANCE OF WORK BY THE SUBCONTRACTOR

The SUBCONTRACTOR shall perform on the site, and with its own organization, work equivalent to at least fifteen (15) percent of the total amount of work to be performed under the subcontract. This percentage may be reduced by a modification to this subcontract if, during performing the work, the SUBCONTRACTOR requests a reduction and the CONTRACTOR determines that the reduction would be to the advantage of the CONTRACTOR.

SC-35 MANAGEMENT OF WASTE

Except as identified below, CONTRACTOR will provide for the packaging, shipment, treatment, and disposal of all

universal waste, hazardous waste, polychlorinated biphenyl (PCB) waste, Comprehensive Environmental Response

Compensation and Liability Act (CERCLA), and/or radioactive waste generated by the SUBCONTRACTOR at facilities

managed by CONTRACTOR on behalf of the U.S. Department of Energy (DOE). This includes providing containers

for packaging, environmental oversight, waste characterization, and waste tracking. However, the

SUBCONTRACTOR shall be responsible for management of all waste it generates at its off-site facilities in support to

CONTRACTOR and shall not bring those wastes onto CONTRACTOR-managed property unless specifically

approved in advance and in writing by CONTRACTOR.

If identified in the WORK required in this SUBCONTRACT, SUBCONTRACTOR is responsible for the proper and

compliant disposition of incidental or small quantities of scrap metal (e.g., used parts removed from equipment or

vehicles), used tires or used batteries generated in non-radiological areas at CONTRACTOR’s facilities/locations. For

small quantities of used batteries and used tires, this may include exchange during the purchase of new items from

well-known, established retailers (regardless of whether the item was originally purchased from that retailer).

Disposition may include recycle, but under no circumstances shall used tires be sold or otherwise placed in commerce

for reuse as is. A small quantity of used batteries and used tires is defined as four or few per month.

If the WORK required by this SUBCONTRACT includes disposition by the SUBCONTRACTOR of a large quantity of

scrap metal, used tires, and used batteries or other waste types, CONTRACTOR will identify approved Treatment,

Storage, Disposal, and Recycle Facilities (TSDRFs) to be used. SUBCONTRACTOR may utilize alternative TSDRFs

only if approved in writing by CONTRACTOR. For approval of alternative TSDRFs, CONTRACTOR will perform an

evaluation or assessment of the TSDRF utilizing its policies and practices.

SC-36 LIST OF ATTACHMENTS

Attachment 1 CONTRACTOR’S Insurance Program

Attachment 2 RESERVED

Attachment 3 Security and Badging Requirements



Attachment 6 Workplace Substance Abuse Program (WSAP) Compliance Submittal



Construction


