DUP8761 Rev 7 08/09/10
APPENDIX "J"
GENERAL CONDITIONS
FOR VENDORS PERFORMING WORK ON PLANT SITE
1. DEFINITIONS
a) Alliant Techsystems Inc. (Alliant) means the Radford Army Ammunition Plant (RFAAP) and New River Energetics (NRE), a wholly owned subsidiary of Alliant Techsystems Inc
b) Purchase Order and Subcontract are synonymous.
c) Vendor and Subcontractor are synonymous.
d) Buyer and Subcontract Administrator are synonymous.
e) Engineer shall mean the Alliant' or NRE Engineer.
f) Job Representative shall mean the Alliant or NRE Job Representative.
g) Engineer and Job Representative are synonymous.
h) Buyer shall mean responsible person issuing Purchase. Order.
i) The words "plant" and "reservation" are synonymous and includes all land and property of Radford Army Ammunition Plant (RFAAP), including the New River unit at Dublin, VA.
2. SAFETY AND SECURITY RULES AND REGULATIONS
Vendor shall adhere to all safety and security rules and regulations as more fully described in the safety handbook entitled “Safety Rules for Contractors and Subcontractors.” A copy is distributed at the prebid and prework meetings.
3. VENDOR RESPONSIBILITY
Vendor is not relieved of any responsibility because of ignorance of conditions or by any prior understandings.
In the event such a condition is found, or if other work is necessary that is not described in the specifications, such conditions and/or work will be called to the attention of the Alliant Buyer.
4. VENDOR WORK SCHEDULE (If applicable)
Alliant will furnish the Vendor a tentative schedule of buildings, structures, items, and the sequence the work is to be performed. All schedules furnished by Alliant may be subject to change due to operating conditions and production schedules.
5. WORK DAY
The normal workday is from 8 a.m. to 4:30 p.m., Monday through Friday. Any request to change these hours shall be submitted in writing to the Alliant Engineer at least seven days prior to change. Under no circumstance will Vendor begin new hours without permission from Alliant.
6. HOLIDAYS
The Vendor shall observe the following plant holidays, unless otherwise designated by Alliant:
New Year’s Day Thanksgiving
Good Friday Friday after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Year’s Eve
7. PREWORK MEETING (Not required if escorted.)
Prior to starting work, a meeting between Vendor's representative and Alliant’s interested parties (Engineering, Safety, and Security) is required.
Purpose of this meeting is to review all aspects of Safety, Security, and other pertinent RFAAP rules, regulations and requirements with specific attention given the scope of work to be performed.
At this meeting, final plans to start work will be made.
8. FACILITIES OR UTILITIES TO BE FURNISHED BY ALLIANT TECHSYSTEMS
Unless otherwise specified, Alliant will furnish drinking water and toilet facilities where they are now permanently located and designated. No new or temporary facilities will be provided. Other services or utilities such as electrical service, steam, air, etc., will be provided only as approved by Alliant. Modifications for connections will be the responsibility of the Vendor.
Alliant reserves the right to discontinue services when the use appears to be excessive or abused.
9. FACILITIES FOR EMERRGENCY MEDICAL TREATMENT
If requested, Alliant will supply emergency medical treatment to Vendor’s employees, under the terms and conditions and rates as stated below:
SERVICESUrinalysis (micro) / $25.00
Hemoglobin / 25.00
X-ray / 60.00
Physician Services:
Brief / 40.00
Intermediate / 90.00
Extended / 120.00
Nurse Services / 20.00
Drugs:
Nonprescription / 5.00
Prescription / 10.00
Injection / 20.00
IV Fluid / 50.00
Other Appliances:
Ace (Small) / 7.00
Ace (Large) / 15.00
Other Sprints / 25.00
Alliant will bill the Vendor for all services rendered. Vendor shall promptly make payment directly to Alliant all invoiced charges incurred by its employees or it's LowerTier Vendors.
Alliant is not engaged in the operation of a hospital for profit at RFAAP, but is providing emergency medical facilities in connection with work being performed under its contract with the United States Government. In providing these services, Alliant will employ all reasonable care, but assumes no responsibility for performance or delay.
Emergency medical services will be provided to an employee upon presentation of a written authorization from the Vendor (including name of LowerTier Vendor if applicable).
10. INSURANCE & INDEMNIFICATION
During the entire performance of this Purchase Order, the Vendor shall, at its own expense, provide and maintain insurance coverage as more fully described below:
a) Vendor shall maintain such Workers Compensation, General Liability, Automobile Liability, and such other insurance as will furnish reasonable protection against claims, which may arise from operations, under this agreement, whether such operations be by said Vendor or anyone directly or indirectly employed by it. Minimum insurance coverage’s are stated below:
1) Workers Compensation and Employer's Liability
· Workers Compensation Shall be obtained by ALL Vendors regardless of the number of employees. If occupational diseases are not compensated under the Workers Compensation Laws of the Commonwealth of Virginia, they shall be covered under the Employer's Liability section of the insurance policy.
· Employer's Liability $100,000
2) Comprehensive General Liability
· Including coverage for contractual liability assumed by the Vendor under the Indemnification provisions of this Appendix.
· Bodily Injury $500,000 per occurrence
· Property Damage $500,000 per occurrence
3) Comprehensive Automobile Liability
· Shall include coverage for owned, hired, and nonowned automobiles
· Bodily Injury $500,000 per person $500,000 per occurrence
· Property Damage $500,000 per occurrence
4) Umbrella Liability
Providing limits which, in addition to the primary limits described in subparagraphs (2) and (3) above, shall total, for each such coverage respectively, a minimum of $2,000,000 per occurrence and $2,000,000 annual aggregate. Alliant Buyer has the option of reducing this amount, pending the type of work being done and other factors involved. This is at Buyer’s discretion.
b) Coverage The coverage’s referred to above are set forth in full in the respective policy forms, and the foregoing descriptions of such policies are not intended to be complete.
c) Waiver Vendor waives and releases on behalf of itself and its insurer(s), by subrogation or otherwise, all claims against Alliant and the Government, on account of risks covered under all policies of insurance that are secured and maintained by Vendor and that are in any way related to the performance of work under this Purchase Order. Vendor shall obtain a waiver from such Subcontractor, which meets the requirements of this paragraph.
d) Before commencing work under this Purchase Order, the Vendor shall provide Alliant a copy of proof (Certificate) that the required insurance has been obtained. The vendor shall show Alliant Techsystems Inc as a “Certificate Holder” on the Certificate of Insurance. Further, Alliant shall be provided a fifteen (15) days advance written notice, by registered mail, of any change, cancellation, or termination of this insurance, in whole or in part. This notice shall be sent to Alliant Techsystems Inc, RFAAP, Attention Purchasing Section, PO Box 1, Radford, Virginia 24141.
e) In the event Vendor does not intend to use any automotive equipment in the performance of the work hereunder at RFAAP, a statement, in writing, to that effect from the Vendor shall be accepted in lieu of Automobile Liability and Property Damage insurance.
f) All persons entering upon the premises at the direction, or with the consent of Vendor, shall submit to and comply with safety regulations, physical examinations, searches of the person, and other rules, which Alliant requires of its own employees.
g) Vendor shall, at all times, exercise reasonable precautions for the safety of employees on the work and shall comply with all applicable provisions of federal, local, state, and municipal safety laws and construction codes.
h) In the event Vendor engages any LowerTier Subcontractors to perform any part of the work hereunder, it shall impose the requirements of this clause upon any such LowerTier Subcontractor, including providing a copy of proof (Certificate) of required insurance coverage and it shall be made available to Alliant or the Government upon request.
11. INDEMNITIES
a) Contractor/service provider agrees to defend, indemnify, and save Alliant, its subsidiaries and affiliates, and its and their respective officers, directors, employees, agents and servants (hereinafter referred to collectively as "Alliant " for the purposes of this Article), harmless from and against all liability, loss or expense (including costs and attorneys' fees) for any suit, claim, settlement, award, penalty, fine or judgment (hereinafter referred to singly or collectively as "Claim") because of --
· personal injury (including death at any time resulting therefrom);
· loss of or damages to property (including loss of use thereof);
· contamination of, adverse effects on, or damage to the environment or the violation of any environmental law or regulation;
sustained or brought by any person or persons (including government agencies, third parties, or Alliant, Contractors' or Subcontractors' employees, agents or servants), arising out of, resulting from, or in consequence of the performance of the work under this Contract, while such injury, loss, damage or contamination is caused by the negligence or willful act or omission of the Contractor/service provider and/or their employees or agents, but excluding Claims caused by the sole act or omission (whether negligent or otherwise) of Alliant.
b) Contractor shall, upon Alliant ' request, permit Alliant to participate in the defense or settlement of any Claim against Alliant which is subject to the provisions of this Article.
c) Contractor shall obtain indemnity protection from all Subcontractors for the benefit of Alliant, which protection shall include provisions which are no less stringent than the provisions of this Article.
d) The provisions of this Article shall survive the expiration or termination of this Contract.
12. TEMPORARY SERVICE PERSONNEL
It is anticipated employees will work at least four hours each workday (Monday through Friday) except for holidays, starting at 8 AM and not more than eight hours between 8 AM and 4:30 PM with one-half hour unpaid lunch period.
a) Upon receipt of a Material Requisition for temporary services, Buyer shall determine if the Service Contract Act (SCA) applies and what the minimum SCA wage rate shall be.
b) The hourly rate shown will be paid for services actually performed on plant site at RFAAP and include all costs (labor, travel, insurance, incidentals, etc.) associated with the furnishing of the services described.
· It is the Buyer’s responsibility to determine if the Service Contract Act applies and what the established minimum SCA wage rate shall be.
c) The total cost for said services for the initial period stated shall not exceed value listed elsewhere in purchase order without prior written authorization from Alliant.
d) The initial period of services contemplated will run the stated period.
e) A daily log of hours worked will be maintained by Alliant supervisor to whom employee reports and agreed to by Vendor and Alliant supervisor and will become the basis for billing under the hourly rate provisions. Payments are to be bi-monthly upon submission of invoices, in duplicate, by Vendor; invoices must reference purchase order number.
· Temp employees time cards shall be maintained by the ATK Supervisor to whom they report and the supervisor shall be responsible to assure that the employee does not exceed stated hours of the contract period.
f) No representation is made by Alliant that the Vendor's services will be required for the entire period specified, and it is understood and agreed that this agreement may be terminated at any time by either party upon written notice to the Alliant Buyer.
NOTE: IT IS UNDERSTOOD AND AGREED THAT MINIMUM REQUIREMENT WILL BE FOUR HOURS PER DAY PER TEMPORARY EMPLOYEE.
f) Vendor agrees to indemnify and save Alliant and the Government harmless from all claims and actions arising out of, or in connection with the work performed by it hereunder, because of property damage, personal injury or death sustained by anyone as a result of either the negligence or the intentional acts of Vendor or of anyone employed directly or indirectly by him.
g) The Vendor, for the purpose stated, voluntarily assumes the risk of entering and being upon RFAAP, and also, for him, his heirs, executors and administrators hereby releases and discharges the United States Government and Alliant from any and all liability of any kind or character whatsoever, due to any injury, damage or loss he may suffer from any cause whatsoever while upon said plant premises.
h) The Vendor hereby agrees that it will procure all necessary permits and licenses; obey and abide by all applicable laws, regulations, executive orders and ordinances and other rules of the United States of America, of the States territory or subdivision thereof wherein the work is done, or of any duly constituted public authority. Vendor further agrees to indemnify and save Alliant harmless from and against any liability expenses or loss resulting from Vendor's constituted public authority. Vendor further agrees to indemnify and save Alliant harmless from and against any liability expenses or loss resulting from Vendor's failure to comply herewith.
i) All persons entering upon the premises at the direction, or with the consent of the Vendor shall submit to and comply with safety regulations, physical examination, searches of the person and other rules that Alliant requires of its own employees.
Note: If Contraband material is in the vehicle when approaching the security gate, simply declare it to the Security Guard and turn it in before entry. The employee will not get in trouble for this and can pick up the Contraband items when you leave the Radford Reservation.
j) The Vendor, at all times, shall exercise reasonable precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, local, state, and municipal safety laws and construction codes.
k) All contractor personnel must receive a security and safety briefing prior to being badged. Alliant has the option to brief a contractor’s representative of the safety and security elements and, in the future, it would be that person’s responsibility to brief new employees prior to badging. The new employee must bring with them the signed safety statement located I the back of the Contractor Safety Handbook. Note: Paragraph 21, Security Badges Requirement for Vendor Personnel.