Solicitation DOL110RP20836 South Bronx JCC_11252009.pdf

94-0991-1416 3224

Project Title: RENOVATION OF VARIOUS BUILDINGS AT THE SOUTH BRONX JOB CORPS CENTER This Scope of Work describes the tasks involved in construction services at the South Bronx Job Corps Center and Brooklyn Academy for the remediation of multiple deficiencies at various buildings throughout both Centers.

Brooklyn Job Corps Center (Satellite of South Bronx JCC) 585 DeKalb Avenue Brooklyn, NY 11205 Tel: (718) 623-4000 and:

South Bronx Job Corps Center 1771 Andrews Avenue Bronx, NY 10453 Telephone Number (718) 294-7260

Site Visit: Vendors may schedule site visits upon request. Please contact Ricardo Carrasco, Project Manager (703) 516-2260 no later than December 3, 2009 in order to arrange a visit.

PUBLICATION DISCLOSURE

This procurement is being funded under the American Recovery and Reinvestment Act (ARRA), Public Law 111-5 (February 17, 2009). For each such Government contract, DOL is required to post certain details of the contract on DOL's website, which is linked to Recovery.gov via the award number. For contracts over $500,000.00, DOL is also required to post a summary of the contract.

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85)STANDARD FORM 1442

Prescribed by GSA YFAR (48 CFR) 52.236-1(d)NSN 7540-01-155-3212

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATIONSOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

E-MAIL JOHNNY A. ARNOLD II arnold.johnny@dol.gov

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within 1 calendar days and complete it within 211 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _____________________________.)

YES NO

A. Sealed offers in original and 5 copies to perform the work required are due at the place specified in Item 8 by 12/15/2009

(hour) local time 3:00pm EST (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference

D. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NOTICE: SET-ASIDE for Total HUBZONE SMALL BUSINESSES

DOL110RP20836 11/27/09 1 OF 92

X

OASAM Office of Procurement Services SEE SECTION L U. S. Department of Labor Suite N-4308 200 Constitution Ave., NW Washington DC 20210

52.211-10

X 10 DAYS

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS 0001 This Scope of Work describes the tasks involved in construction services at the South Bronx Job Corps Center and Brooklyn Academy for the remediation of multiple deficiencies at various buildings throughout both Centers………………………………… $____________________

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14)

(Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

OASAM Office of Procurement Services U. S. Department of Labor Suite N-4308 200 Constitution Ave., NW Washington DC 20210

OASAM BRANCH OF INVOICE PAYMENTS

Suite S-5526

U.S. DEPARTMENT OF LABOR

200 CONSTITUTION AVENUE, NW

WASHINGTON DC 20210

Table of Contents

PART I - THE SCHEDULE...........................................................................................................A-1

SECTION A - SOLICITATION/CONTRACT FORM................................................................A-1

SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) .....A-1

PART I - THE SCHEDULE........................................................................................................... B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS............................................... B-1

B.1 PRICE/COST SCHEDULE................................................................................................ B-1

B.2 DELIVERABLE - AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

REPORTING FROM THE PRIME RECIPIENTS…………………………………..……B-2

B.3 DELIVERABLE - RELEASABLE COPIES - FREEDOM

OF INFORMATION ACT………………………………………………………….……..B-2

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK......................C-1

[For this Solicitation, there are NO clauses in this Section]

SECTION D - PACKAGING AND MARKING...........................................................................D-1

[For this Solicitation, there are NO clauses in this Section] ......................................................D-1

SECTION E - INSPECTION AND ACCEPTANCE.................................................................... E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE....... E-1

SECTION F - DELIVERIES OR PERFORMANCE................................................................... F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE....... F-1

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)...................................................................... F-1

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000) ALTERNATE I

(APR 1984) ...................................................................................................................... F-1

SECTION G - CONTRACT ADMINISTRATION DATA…………………………..……….…G-1

G.1 PRE-CONSTRUCTION CONFERENCE……………………………………..…………G-1

G.2 PERIODIC PROJECT MEETINGS……………………………………..……………….G-1

G.3 SUBCONTRACTS………………………………………………………..……………...G-1

G.4 SHOP DRAWINGS……………………………………………………..………………..G-1

G.5 OPERATIONS, STORAGE AREAS AND SECURITY………………..……………….G-2

G.6 PROJECT SAFETY……………………………………………………..………………..G-3

G-7 DISPOSAL OF REFUSE………………………………………………...……………….G-3

G.8 SCHEDULE OF PROGRESS……………………………………………..……………...G-4

G.9 PAYMENTS TO CONTRACTOR………………………………………..……………...G-4

G.10 FURNISHING INFORMATION AND RECORDS………………………..……………G-5

G.11 WORKERS’ COMPENSATION LAWS…………………………………..…………….G-5

G.12 REQUIRED INSURANCE………………………………………………..……………..G-5

G.13 EQUITABLE ADJUSTMENTS………………………………………….……………...G-7

G.14 WEATHER DELAYS (EXCUSABLE DELAY)………………………….…………….G-9

G.15 TEST RESULTS…………………………………………………………...…………….G-9

G.16 AS-BUILT RECORD OF MATERIALS AND INSTALLATION……..….…………....G-9

G-17 SUBSTANTIAL COMPLETION……………………………………………….……….G-9

i

G-18 CONTRACT CLOSEOUT………………………………………………….…………...G-10

G.19 PRECEDENCE OF PLANS, SPECIFICATIONS, AND CLAUSES……….…………..G-11

SECTION H - SPECIAL CONTRACT REQUIREMENTS........................................................H-1

H.1 52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS

(JUNE2003)……………………………………………………………………….……..H-1

H.2 DISPOSITION OF MATERIAL………………………………………………….….…....H-1

H.3 HAZARDOUS OCCUPATION ORDERS………………………………………………..H-1

H.4 RIGHTS AND OBLIGATIONS……………………………………………………..….....H-1

H.5 INITIATION OF LIQUIDATED DAMAGES………………………………….....………H-1

PART II - CONTRACT CLAUSES............................................................................................ ...I-1

SECTION I - CONTRACT CLAUSES ........................................................................................ I-1

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE......... I-1

I.2 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY

AND REINVESTMENT ACT OF 2009 (MAR 2009) ..................................... I-4

I.3 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT—REPORTING

REQUIREMENTS (MAR 2009)........................................................................ I-4 I.4 52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE (JAN 1999) ............................... I-7

I.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUNE 2007) ........................................................................................................ I-8

I.6 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF

UNION DUES OR FEES (DEC 2004)............................................................... I-9

I.7 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED

GOODS-BUY AMERICAN ACT-CONSTRUCTION

MATERIALS (Mar 2009) .............................................................................…I-11

I.8 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)………..……..I-14

I.9 52.228-1 BID GUARANTEE (SEP 1996) ....................................................................... I-15

I.10 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION

(NOV 2006)...................................................................................................... I-15

I.11 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008). I-16

I.12 52.236-4 PHYSICAL DATA (APR 1984)..................................................................... I-24

I.13 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984).......................................................................... I-24 I.14 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)...................................... I-25

I.15 52.249-14 EXCUSABLE DELAYS (APR 1984)………………………………………..I-26

I.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)..................... I-27

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS.................J-1

SECTION J - LIST OF ATTACHMENTS ....................................................................................J-1

DAVIS BACON WAGE RATES (ATTACHMENT J-1)………………………………………J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS ......................................................K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS ............................................................................................................................K-1

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE..............................................................................................................K-1 ii

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006).......K-1

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS............... L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE ............................................................................................................ L-1

L.2 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS, FPMR PART 101-29 (AUG 1998) ..................................................... L-1

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)................................................................ L-1

L.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) ........ L-1

L.5 52.233-2 SERVICE OF PROTEST (SEP 2006) .............................................................. L-3 L.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ............................................... L-3

L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)....................................................................................................................... L-3 L.8 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984) ......................................... L-4 L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)....................... L-4

L.10 PROPOSAL SUBMISSION REQUIREMENTS….……………………………………...L-4

SECTION M - EVALUATION FACTORS FOR AWARD........................................................M-1

M.1 SELECTION CRITERIA………………………………………………………………….M-1

M.2 PRICE EVALUATION……………………………………………………………………M-1

iii

DOL110RP20836 SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

B-1

SECTION B - CONTINUATION BLOCK

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION:

Construction services at the South Bronx Job Corps Center and Brooklyn Academy for the remediation of multiple deficiencies at various buildings throughout both centers.

GRAND TOTAL ---$

B.2 DELIVERABLE - AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

REPORTING FROM THE PRIME RECIPIENTS

The ARRA requires extensive reporting from the prime contractors on contracts awarded with funds appropriated under ARRA. The contractor is required to provide the reports as deliverables under this contract. These reports will be posted on a website, www.recovery.gov which is accessible by the public.

Three (3) days after contract award the contractor shall register at www.federalreporting.gov. The Contractor shall provide copies of registration confirmations and report confirmations, via e-mail, to the Contracting Officer. The contractor shall complete the reports as required and provide a copy of the reports submitted under this website to the Office of Acquisition Management Services via e-mail to veatch.valerie@dol.gov.

(1) The total amount of ARRA fund received from this agency under this contract;

(2) The amount of ARRA funds received that were expended or obligated to projects or activities under this contract, or which remain unobligated.

(3) A detailed list of all projects or activities for which ARRA funds were expanded or obligated under this contract, including--

(A) The name of the project or activity;

(B) A description of the project or activity;

(C) An evaluation of the completion status of the project or activity;

(D) An estimate of the number of jobs created and the number of jobs retained by the project or activity; and

DOL110RP20836 SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

B-2

(4) Detailed information on any subcontracts awarded under this contract using ARRA funds, including the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282). Subcontract costs of less than $25,000 may be reported in the aggregate. It is anticipated that this data will potentially be submitted through the governments' Electronic Subcontract Reporting System, however if the system is not available, the reporting requirement will not be waived and all report shall be submitted to the DOL. The minimum required data elements are:

(A) contractor name;

(B) amount of award;

(C) information on the award, including transaction type, funding agency, NAICS code, programs source, and award title descriptive of the purpose of the funding action;

(D) the location of the contractor, and the primary location of contractor performance (city, state, congressional district, country)

(E) a unique identifier for the contract, and its parent, if any;

(F) any other relevant information required by the OMB.

(G) including the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282)

In the event the contractor has more than one ARRA funded contract with DOL, the reports may be combined with other DOL ARRA funded reporting. In this event, duplicate copies of the combined report must be submitted to each COTR.

B.3 DELIVERABLE - RELEASABLE COPIES - FREEDOM OF INFORMATION ACT

The Freedom of Information Act (FOIA) permits withholding information under several exemptions, including Exemption 4 which protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential," 5 U.S.C. 552(b)(4). Within 5 business days of contract award, the contractor shall provide a statement that the contract is available for full disclosure under the FOIA or provide a scanned PDF of the redacted copy of the contract identifying the specific potions the contractor believes are covered by the particular exemption requested. Any redactions must be fully supported under the FOIA. In the event the Government notifies the contractor that it does not agree with a proposed redaction, the contractor shall have 5 business days to submit additional information to support the requested redaction. For subcontracts, within 5 business days of the contractor's award of any subcontract over $500,000 the contractor shall provide the Government a scanned PDF copy of the subcontract with a statement that the copy is either available for full disclosure, or identifying the specific portions believed to be covered by the particular exemption requested. Redactions should be limited to those protections provided under the FOIA. Following the procedures above, the Government has the right to notify the contractor of any disagreement with proposed redaction or exemption requests.

DOL110RP20836 SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1

ESC:

CASS:

APPROVED:

DATE:

CONSTRUCTION SCOPE OF WORK

FOR

STIMULUS BILL PROCUREMENT

AT THE

SOUTH BRONX JOB CORPS CENTER

NEW YORK

AND

BROOKLYN ACADEMY

NEW YORK

U.S. DEPARTMENT OF LABOR

PREPARED BY: PROJECT No. 3224 PBDewberry November, 2009

CSOW

C-2

TABLE OF CONTENTS

I. GENERAL

II. CONSTRUCTION REQUIREMENTS

A. CODES

B. JOB CORPS GUIDELINES

C. SPECIFIC REQUIREMENTS………………………………………………………………….....…….4

D. SPECIAL CONDITIONS

E. SCHEDULE AND DELAYS

III. ACCEPTANCE OF WORK

A. SUBSTANTIAL COMPLETION

B. FINAL INSPECTION

IV. EXTENT OF WORK

V. SKETCHES

A. LOCATION MAPS

B. VICINITY MAPS

C. SITE PLANS

VI. PROJECT SCHEDULE…………………………………………………….……………………………..15

Attachement 1 -- HIGH PERFORMANCE and SUSTAINABLE BUILDINGS GUIDANCE…...16

C-3

CONSTRUCTION SCOPE OF WORK

AT THE

SOUTH BRONX JOB CORPS CENTER, NEW YORK

And

BROOKLYN ACADEMY, NEW YORK

GENERAL

This Scope of Work describes the tasks involved in construction services at the South Bronx Job Corps Center and Brooklyn Academy for the remediation of multiple deficiencies at various buildings throughout the Centers. A more detailed description of the work is provided in Part IV - “EXTENT OF WORK”.

CONSTRUCTION REQUIREMENTS

CODES

The GC will conform to all applicable state and local codes, ordinances, and regulations including the national building code commonly used in the area.

All conflicts and requests for interpretation or clarification shall be submitted to the Department of Labor’s (DOL’s) Contracting Officer or written designee.

All work shall conform to the current regulations of the US Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and New York State and Local regulations. In the event State and Local regulations differ from Federal, the most stringent shall apply.

Energy Conservation and Sustainable Construction

All new work is to be constructed in accordance with energy conservation opportunities and applicable federal directives. In response to energy conservation concerns, all proposed construction shall conform to the current edition of the New York State Energy Code and Attachment 1 herein, titled ”HIGH PERFORMANCE and SUSTAINABLE BUILDINGS GUIDANCE.

It is the Department of Labor’spolicy to purchase energy and water consuming products which are Energy Star or WaterSense Rated or Federal Energy Management Program designated or in the upper 25% of energy and water efficiency whenever practicable and cost effective. All work must be designed to meet or exceed the requirements of the Energy Policy Act of 1992, Executive Order 13423, Energy Independence and Security Act of 2007, and all other applicable federal, state, and local codes and directives.

C-4

The GC shall not submit plans or specifications to any local authority without the prior approval of the COTR.

JOB CORPS GUIDELINES

JCH-814: Planning, Design and Construction Administration Guidelines.

Job Corps publication JCH-814, “Planning, Design and Construction Administration Guidelines” is a companion document to this Scope of Work. Where conflicts occur between the requirements of the Scope of Work and JCH-814, the requirements of the Scope of Work shall take precedence.

SPECIFIC REQUIREMENTS

Prior to submitting its proposal, it is recommended that the General Contractor (GC) visit the site and become thoroughly familiar with all pertinent conditions that are included in this Scope of Work. It is recommended the GC take such steps as may be necessary to ascertain the nature and condition of the work, and the general and local conditions which can affect the work or cost. Failure to do so shall not relieve the GC from the responsibility for estimating properly the difficulty or cost of successfully performing the work.

Arrangements must be made with the appropriate Centers’ Administration Managers prior to inspecting each site.

Any proposed interruption to Center operations during construction must have prior approval from the appropriate Center Director with a minimum of 72 hours advance notice. The Centers and their buildings shall remain in operation throughout construction. All construction activity and GC access to the building interiors shall be coordinated with the Centers in order to minimize disruption of their operations.

Although this Scope of Work identifies specific elements of construction, it is the GC's responsibility to provide any and all elements which are incidental to the functioning of the work to be provided. It is not intended that deficiencies not related to the work identified in Section IV of this Scope be corrected. The GC shall limit its efforts to the work that has been identified (including affected areas) in this Scope of Work.

As-built construction drawings of the buildings involved are not available. The GC shall become familiar with the existing conditions affecting the work through site verification.

The GC shall be responsible for verification of all dimensions, layout, and conditions in and around the construction areas involved. The GC shall inform the COTR and the ESC Project Manager immediately of any unforeseen conditions which may affect the work schedule or cost.

A pre-construction meeting shall be held at each Center after execution of the agreement and prior to commencement of the work. The meeting agenda shall include significant items which could affect the progress, construction schedule, critical sequencing, use of premises, and policies governing interaction with Center staff and students.

C-5

For work scheduling, the GC shall provide a sequenced construction schedule to the Contracting Officer’s Technical Representative (COTR) for approval no later than 10 days after he receives a Notice to Proceed (NTP). The construction schedules shall show the areas required by the GC and the periods of time he requires them vacant in order to perform his work.

All materials, finishes and hardware shall be selected for their ease of maintenance, high durability, and local availability, and shall be coordinated with those currently used at the Centers. Restoration of damaged elements or surfaces shall be promptly executed in like materials as a part of this contract.

Before committing to purchase orders of materials and equipment, the GC shall prepare appropriate submittals as set out for each deficiency herein. Submittals shall be sent to the COTR and the ESC Project Manager for review and comment. The GC shall allow twenty-one (21) calendar days for review of each submittal from the date of receipt of the submittal by the ESC Project Manager. The GC proceeds at its own risk by purchasing materials or equipment without first obtaining approval for a given submittal.

The GC shall be responsible for all cutting and patching incidental to the work described herein. The GC shall promptly repair/replace any damage to structures, elements, utilities, finishes, etc., occurring due to construction, as a part of this contract.

The GC shall maintain a clean and safe work area throughout the period of construction. The GC shall, at the end of each work day, remove all demolition debris and hazardous and potentially dangerous materials used in the work. The GC shall collect construction material and debris frequently and dispose of debris and refuse away from the Center in a lawful manner. The GC shall clean the exterior public areas impacted by construction dust, dirt and debris on a daily basis. The GC shall be responsible for all fees, permits, etc., required for waste disposal.

The GC shall be responsible for receiving, storing, and securing of all materials, equipment and other items to be used in accomplishing the work. The GC shall be responsible for all equipment and materials brought onto the Center and shall replace damaged or stolen items at its expense.

The GC and all persons employed under the contract shall:

Observe all security regulations in effect at the Center;

Not fraternize with the students or staff;

Not consume or transport any alcoholic beverages or drugs while on Center premises;

Not transport/carry any firearms while on Center premises.

The GC shall be required to be licensed by the appropriate authority in the area to conduct the required contractual work.

C-6

All environmental and hazardous abatement shall be executed by duly trained and licensed entities by the State of New York and applicable Local and Federal Agencies, depending on the hazard or regulated materials or wastes. The GC must ensure compliances with State, Local and Federal Laws to include the monitoring of environmental and hazardous materials are conducted by qualified individuals who are licensed, accredited and/or certified in their field of expertise in the State of New York. All laboratories must also hold applicable State, Local and Federal qualifications as necessary.

The GC shall hire a licensed asbestos inspector to inspect suspect asbestos-containing materials to be disturbed by this project, per New York Code Rule 56 and AHERA regulation. Floor tiles and mastic shall be tested for ACM presence using the Transmission Electron Microscopy (TEM) method. The GC shall hire a licensed asbestos contractor to abate ACM as needed. The Owner shall contract with a licensed asbestos air monitoring firm to provide air monitoring services as per New York Code Rule 56.

The GC will coordinate with the ESC Project Manager and the Center Director or his designated representative(s) the locations of staging areas and vehicle parking. Electricity will be made available by the Center. Connections to existing power shall be by the GC.

Following completion, the GC shall return the site conditions to their original state.

SPECIAL CONDITIONS

Acceptance of “As Is” conditions

Prior to performing any work at or on an existing Center element, the GC shall tour that element with that Center’s designated representative(s) and the ESC Project Manager for the purpose of defining the limits of his work area and establishing existing conditions. Once the Center Director, the ESC Project Manager and the GC agree on the “As Is” condition the GC shall take possession of that element for the purpose of performing the work. The GC shall protect all existing items within the work limits which are not specifically part of the work in the Contract and, at the completion of his work shall restore as necessary the work area to the “As Is” condition agreed to with the Center Director prior to commencement of the work. If there is concern that the work area contains damaged elements that might appear as damage caused by the prosecution of the work, the GC shall document the damage through memo and/or video tape the work area and provide a copy to the Center Director and to the COTR prior to commencing any work.

GCs’ possession of the work

Once the GC accepts the work area(s) and the “As Is” conditions (item 1 above), he is responsible for protecting and insuring everything within the work area against damage and harm. Only when the COTR acknowledges a Substantial Completion Certificate for the work completed in a specific work area will the GC be relieved of responsibility for the protection of that work area.

SCHEDULE AND DELAYS

C-7

The GC shall, upon acceptance of its proposal by the CO, perform the work in accordance with this Scope of Work. All work, including Punch List items, shall be completed within 180 calendar days from receipt of written NTP.

The GC shall immediately notify the CO and the ESC Project Manager of any expected delays in the acquisition of materials which may delay the completion of the project. Should this impact the approved construction sequence schedule (item II.B.7 above) the GC shall adjust the schedule and resubmit it to the CO and the ESC Project Manager for approval. No extensions in time will be granted unless the modified schedule is approved by the CO.

ACCEPTANCE OF WORK

SUBSTANTIAL COMPLETION

Substantial Completion (SC) of the work is defined herein as the point at which the work is complete in all respects except for a few minor items which are to be listed on the GC’s Punch List. With the issuance of a Substantial Completion Certificate, executed by the COTR and the GC with the ESC Project Manager’s concurrence, the Centers will occupy/take possession of the work and operate the installed systems/equipment. Prior to the issuance of an executed Substantial Completion Certificate, the GC shall have had all tests completed, witnessed and approved by the COTR and the ESC Project Manager. The provision of all required training, operating and maintenance manuals, keys and other such requirements specified in this Scope of Work shall be a prerequisite to the GC’s notification requesting a Substantial Completion walk-through. A more detailed description of the tests, training, O&M manuals, keys and other related requirements are provided in Part IV, EXTENT OF WORK.

The GC shall notify the COTR and the ESC Project Manager in writing at least 14 days prior to the estimated date of Substantial Completion and request a Substantial Completion walk-through. The letter shall include a dated Punch List as developed by the GC. The purpose of the walk-through is to review the GC’s list for accuracy and to identify any additional items needing completion prior to final acceptance. The purpose of the walkthrough is also to verify status of the completed work as well as compliance with the requirements of this Scope of Work. The GC, shall, upon receipt of an updated Substantial Completion Punch List, correct his work as required until acceptable to the COTR and the ESC Project Manager. The Substantial Completion walk-through shall be conducted by the ESC Project Manager with the attendance of the GC and the Center Director and/or his designated representative(s).

The date of the Center's acknowledgment of Substantial Completion shall establish the date of commencement of the GC's one (1) year guarantee of workmanship (2 years if work involves roofing), and the manufacturer's product warranties.

Manufacturers warranty shall include the following information:

Center Name

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Date of Substantial Completion (warranty commencement date) Date Warranty Expires Description of Warranty Services Serial numbers of equipment under Warranty

Where the work executed entails hidden elements, such as buried pipes or cables, behind-wall ducts or any such installations that will remain inaccessible, the GC shall furnish As-Built drawings showing locations and extent of the hidden work. Submission of these As-Built deliverables, as applicable, shall be made to the COTR with a copy to the ESC Project Manager and the Center Director. The COTR’s approval of this deliverablewill be a prerequisite for payment of the GC’s final invoice.

FINAL INSPECTION

Prior to final payment, the GC shall deliver to the COTR, with a copy to the ESC Project Manager, a consent of surety of final payment and release of liens by all its sub-contractors and material suppliers associated with this project.

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EXTENT OF WORK

SOUTH BRONX JCC

DEFICIENCY # 38056

LOCATION: Building 1—MULTIPLE USAGE.

DESCRIPTION: Ceiling Upgrade SCOPE: Remove and replace in kind the suspended acoustic ceiling tiles in the non-resident and administrative spaces on the east side of the 1st floor and dispensary waiting room, including the 18' x 6' area at the main building entrance (2,400 SF).

DEFICIENCY # 38058

LOCATION: Building 1—MULTIPLE USAGE.

DESCRIPTION: Vinyl Flooring Upgrade SCOPE: Test existing floor tiles for ACM using Transmission Electron Microscopy (TEM) method. If tests results are positive, abate existing hazardous materials per industry standard practice and in accordance with provisions of Section II / B / paras. 14 - 16 herein. Remove the existing resilient flooring on the 2nd floor and in the 1st floor non-res lounge area and replace it with commercial grade vinyl tile on new underlayment (5,000 SF). Replace tile size in kind. Provide color samples for the Center Director’s selection.

DEFICIENCY # 61330

LOCATION: Building 1—MULTIPLE USAGE.

DESCRIPTION: Sump Pump Replacement SCOPE: Replace the non-functioning sump pump in the boiler room with a new 7.5 HP pump designed to handle hot water. Replacement pump shall be a simplex system, including operating and level controls, tank, cover and pump. Provide a 1-year manufacturer’s warranty. Conduct start-up tests in the presence of the Center Director or his designated representative to ensure and demonstrate proper functioning and performance of the new equipment. Provide instructions and training on the operation and maintenance of the new equipment to the Center’s Maintenance staff in the form of a video taped demonstration session. Upon Substantial Completion, the GC shall submit two (2) sets of Manufacturer’s Operations & Maintenance Manuals and of the training session video to the COTR.

SUBMITTAL: The GC shall submit the following to the COTR for review and approval before placing purchase orders:

Manufacturer’s product data clearly indicating the proposed make/model number of the proposed equipment and its performance features in compliance with the requirements of this scope.

DEFICIENCY # 74144

LOCATION: Building 7—GYMNASIUM.

DESCRIPTION: Anti-graffiti treatment & Perimeter Fence extension.

SCOPE: Remove and sandblast existing masonry coating up to the height of the lighting

C-10 fixtures location along Andrews Avenue. Apply 2 coats of graffiti-proof anti-stick coating finish to protect surface on the Andrews Avenue façade wall (approximately 1,500 SF). Provide a non-sacrificial, low-VOC, high-performance anti-graffiti product, resistant to chemical attack and to solvents, acid and alkali exposure, and to UV exposure, and having a life expectancy of 15 years and manufacturer’s warranty consistent with that durability standard. Sandblasting and spraying must be handled by a qualified contractor and applied in accordance with manufacturer's recommendation. Additionally, install a 100' LF, metal fence along the wall, including see-through mesh to prevent physical access of vandals to the wall surface.

Fence shall be approximately 10’ tall with 6’ wide panels, and its main design features shall match the existing perimeter fence. All fence pickets shall be galvanized steel and painted white.

SUBMITTAL: The GC shall submit the following to the COTR for review and approval before placing purchase orders:

Manufacturer’s product data clearly indicating the proposed anti-graffiti treatment product, its performance characteristics and application instructions.

BROOKLYN ACADEMY

DEFICIENCY # 73625

LOCATION: SITE

DESCRIPTION: New Perimeter Fence for Secure Parking Area.

SCOPE: Provide a chain link fence for a secured parking area at the existing Lessor's parking lot. Construct the space to accommodate 10 vehicles using 8' high chain link fence with a swing double gate to access the protected parking (Approximately 200 LF).

Provide one (1) heavy-duty security padlock for the swing double gate and three (3) sets of keys to the Center Director. Patch affected asphalt at fence installation work and provide wheel stops, signage and lighting. Total affected area is approximately

445 SY.

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SKETCHES

LOCATION MAPS

South Bronx Job Corps Center

Brooklyn Job Corps Academy

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VICINITY MAPS

Brooklyn Job Corps Academy

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SITE PLANs

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Brooklyn Job Corps Academy

Building 1

Existing Gymnasium Building

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PROJECT SCHEDULE

ACTIVITY DESCRIPTION Days (Calendar)

DOL Issue RFP

Pre-Proposal Conference 14

Proposals Due 32

Negotiations 28

Contract Award 35

Issue NTP 21

Substantial Completion 180

Punch List 21

Project Completion and Contract Closeout 45

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Attachment 1

HIGH PERFORMANCE and SUSTAINABLE BUILDINGS GUIDANCE

The General Contractor shall evaluate options as applicable for the use of energy and water conservation measures in this work (see JCH-814 Section 1.8).

In addition to the guidelines in JCH-814 Section 1.8, the contractor shall, at a minimum, consider applicable elements of the following, where possible, in accomplishing the work:

o The use of harvested rainwater, treated wastewater and air conditioning condensate should also be considered and used where feasible for non potable use where allowed.

o To the maximum extent feasible, maintain or restore the predevelopment hydrology of the site with regard to temperature, rate volume, and duration of flow.

o Use certified sustainable wood products, if these products meet performance requirements and are available at a reasonable cost.

o Provide salvage, reuse and recycling services for at least 50% of waste generated where markets or onsite recycling opportunities exist.

o The contractor shall evaluate options for the use of energy and water conservation measures in building design, including solar hot water heating systems, tankless water heaters, wind energy, biomass, and other measures suitable to the location of construction.

o Use watersense labeled products and other water conserving products where feasible.

o Use the latest version of the ASHRAE energy standard for buildings--ASHRAE 90.1.

o Where cost effective, use highly reflective or vegetated roofs.

DOL110RP20836 SECTION D

PACKAGING AND MARKING

D-1

[For this Solicitation, there are NO clauses in this Section]

DOL110RP20836 SECTION E

INSPECTION AND ACCEPTANCE

E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

DOL110RP20836 SECTION F

DELIVERIES OR PERFORMANCE

F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.211-13 TIME EXTENSIONS SEP 2000

52.242-14 SUSPENSION OF WORK APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 calendar day(s) after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than“*”days after receipt of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed 14 days after award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000) ALTERNATE I (APR 1984)

(a) If the Contractor fails to complete each separate part or stage of the work within the time specified in the contract for that part or stage, or any extension, the Contractor shall pay to the Government as liquidated damages the following amounts:

LIQUIDATED DAMAGES

PART OR STAGE OF THE WORK FOR EACH DAY OF DELAY $120 .00

DOL110RP20836 SECTION F

DELIVERIES OR PERFORMANCE

F-2

(b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.

(c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

* Substantial completion shall be achieved within 190 calendar days following receipt of a notice to proceed.

The work under this contract shall be fully complete within 211 calendar days following notice to proceed."

DOL110RP20836 SECTION G

CONTRACT ADMINISTRATION

G-1

G.1. PRE-CONSTRUCTION CONFERENCE

A pre-construction conference will be held at a place, time and by what method to be determined by the Contracting Officer. Notice to Proceed (NTP) will be issued at the Pre-construction conference. The Contractor is required to attend. Major subcontractors may attend, but may not participate therein other than through the Contractor. The purpose of this conference is to review the contract procedures and to discuss questions in regards to the contract documents. The Contracting Officer or his/her representative will provide clarifications.

G.2 PERIODIC PROJECT MEETINGS

All progress meetings will be held at a place and time established, at the discretion of the Contracting Officer, for the purpose of coordination with the contractor and status updates of the project. Periodic progress meetings will be scheduled on a bi-weekly basis for the duration of construction through substantial completion. Meeting minutes resulting from the bi-weekly progress meetings will be issued identifying at a minimum (a) topics discussed, (b) critical submittals and status, (c) actions required, responsible parties, and time frames to resolve, (d) progress achieved since last meeting, (e) Quality Control deficiencies and issues, and (f) minimum of ten (10) quality photographs of construction progress. Two additional progress meetings will be held during the project completion and close-out phase of the project

G.3 SUBCONTRACTS

Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

The Contractor shall insert a clause in each subcontract issued under this contract which incorporates all FAR Clauses (beginning with “52”, and all general and special provisions of this contract into the subcontract by reference except that all references to the government or Job Corps shall mean the General Contractor.

The Contractor shall be responsible to the Government for acts and omissions of its own employees and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

The Government will not undertake to settle any differences between or among the Contractor, subcontractors or suppliers.

G.4 SHOP DRAWINGS

The contractor shall maintain and submit to the Government as a part of the Close-out documents, a complete set of Shop Drawings as approved by the Contractor’s A/E subcontractor as required in Section G.17.

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G.5 OPERATIONS, STORAGE AREAS AND SECURITY

All operations of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved by the Contracting Officer. The Contractor shall erect whatever barriers or enclosures are necessary to define the site and protect the materials, equipment and work. The Contractor shall hold and save the Government, its officers and agents, and the Center Operating Contractor free and harmless from liability of any nature occasioned by its operations.

The Contractor shall comply with regulations governing the operations on the premises, which are occupied and shall perform the contract in a manner that will not interfere with the conduct of normal business.

All persons employed under this contract shall, while on the premises, observe the regulations in effect at the site, and are cautioned that entrance to any existing building outside the scope of the contract is forbidden, except by official permission.

The Contractor will be doing work on federally-owned or federally-controlled property. All persons employed under this contract, and sub-contracts issued herein under, are to observe security regulations in effect at the site. The Contractor and all persons employed under the contract are required to comply with established security, sign-in, and random search procedures.

All work that will affect or alter the normal operations of the Center is to be coordinated with the operating Contractor of the Center through the Contractor at least one week in advance. If the work requires partial or total interruption of utilities, two weeks written notice must be given.

The Contractor shall furnish and install barricades or enclosures necessary to keep all dust and debris away from the facilities that are to remain in use at the Center.

The Contractor shall carefully remove and relocate all salvageable material to such areas as designated by the Contracting Officer.

The Contractor and all persons employed under the contract will not be permitted to utilize the food service facilities at the Center.

The Contractor and all persons employed under the contract will not be permitted to fraternize with the Job Corps students or staff at the Center.

Under no condition will the Contractor or any persons employed under the contract be permitted to consume or transport any alcoholic beverages, drugs, or firearms on the site.

Any person found violating these or any, other conditions set forth in the contract document will be barred from the project.

In addition to the above, the Contractor shall be responsible to provide at least, but not limited to, the following:

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Provide an appropriate security system and facilities to protect WORK from unauthorized entry, vandalism, and theft.

Employ such services or measures as needed to properly protect and safeguard WORK.

Provide protection for materials, tools, and equipment employed on Project, including workmen’s tools.

The Government shall not in any way be liable or responsible for damage or loss to Work due to trespass or theft.

G.6 PROJECT SAFETY

The Contractor shall be responsible for initiating, maintaining, and supervising a safety program in connection with the construction project. All reasonable precautions are to be taken to provide protection and to prevent damage, injury, or loss to:

A. Employees and others who may be affected by the construction project.

B. All project materials and equipment on the site.

C. Other property on the site or adjacent thereto.

The Contractor shall erect and…