Solicitation Number DOL110RP20889 - Wind Turbines at the Pine Ridge Job Corps Civilian Conservation Center.pdf

94-1091-1526 3209

Project Title: DESIGN-BUILD WIND TURBINE AT THE PINE RIDGE JOB CORPS CIVILIAN CONSERVATION

CENTER

The system(s) shall include items needed to produce the rated power at the rated wind speed such as wind rotor, permanent magnet generator, tail vane, stand/tower, electric controller, manual brake, electric inverter, and electric cable.

The design-build contractor shall provide subsurface soil exploration sufficient to determine the foundation requirements for the proposed structure. This work shall include a report with recommendations for foundation designs from a registered geotechnical engineer. The final geotechnical report shall be submitted with the design. In addition, the design-build contractor shall include testing and observation services from the soil engineer during earthwork for foundation construction.

Pine Ridge Job Corps Civilian Conservation Center 15710 Highway 385 Chadron, NE 69337 Tel: (308) 432-3316

PUBLICATION DISCLOSURE

This procurement is being funded under the American Recovery and Reinvestment Act (ARRA), Public Law 11-5 (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 254 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 3/26/2010

(hour) local time 2:00pm 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 SMALL BUSINESSES

DOL110RP20889 2/26/10 1 OF 79

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 Design Build Wind Turbines at the Pine Ridge Job Corps Civilian Conservation Center ……

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) Maria J. Pizarro, CPCM CFCM Division Chief, Contracting Officer American Recovery and Reinvestment Act

(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.1

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

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

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

i

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

H. 1 52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS

(JUNE 2003)…………………………………………………………………………………..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 52.211-6 BRAND NAME OR EQUAL……………………………………………………..I-7

I.5 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2004)

……………………………………………………………………………………………………I-8

I.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUNE 2003)....... …..1-12

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUNE 2007)......................................................................................................... I-12

I.8 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF

UNION DUES OR FEES (DEC 2004)............................................................... I-13

I.9 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED

GOODS-BUY AMERICAN ACT-CONSTRUCTION MATERIALS (Mar 2009)I-15 I.10 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987) ............ ……..I-18 I.11 52.228-1 BID GUARANTEE (SEP 1996) ....................................................................... I-19

I.12 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006)I-19

I.13 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008) .I-20

I.14 52.236-4 PHYSICAL DATA (APR 1984)....................................................................... I-28

I.15 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984)............................................................................ I-28 I.16 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ....................................... I-29

I.17 52.249-14 EXCUSABLE DELAYS (APR 1984)…………………………………… …..I-30

I.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)...................... I-31

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 REFERENCEK-1

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 REFERENCEL-1

ii

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-3 L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)........................L-3

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

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

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

iii

DOL110RP20889 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:

0001 Design Build Wind Turbines at the Pine Ridge Job Corps Civilian Conservation Center …

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;

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

(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

B-3 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.

DOL110RP20889 SECTION C

DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

C-1

ESC: ________________________

CASS: _______________________

APPROVED: _________________

DATE: _______________________

STATEMENT OF WORK

FOR

PROGRAM YEAR 2009

FOR

WIND TURBINE INSTALLATION

AT THE

PINE RIDGE JOB CORPS

CIVILIAN CONSERVATION CENTER

U.S. DEPARTMENT OF LABOR

PREPARED BY:

PBDewberry

PROJECT NUMBER: 3209

October, 2009

DBSOW

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TABLE OF CONTENTS

I. GENERAL

II. DESIGN REQUIREMENTS/SPECIFIC INSTRUCTIONS

A. LEGALLY MANDATED STANDARDS

1. Code of Federal Regulations

2. National and State Building Codes

3. Permits and Licenses

B. JOB CORPS GUIDELINES

C. SPECIFIC INSTRUCTIONS

1. Center Operation

2. Equipment

III. EXTENT OF WORK

A. SITE IMPROVEMENTS AND SECURITY

1. Installation

2. Site Improvements

3. Site Security

B. GENERAL REQUIREMENTS

1. Permits and Electrical Connections

2. Wind Turbine Systems

3. Mounting:

4. Warranty:

5. Maintenance and Service Agreement

6. Metering:

7. Incidental Cutting and Patching

8. Coordination of Work

IV. SKETCHES

A. SITE PLANS

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WIND TURBINE ELECTRIC GENERATOR SYSTEMS

PINE RIDGE JOB CORPS CIVILIAN CONSERVATION CENTER

GENERAL

The intent of this Work is to install commercially available wind turbine electric generating systems at the following Job Corps Center:

Center Address Location Rated Output (Continuous)

Pine Ridge 15710 Highway 385 Chadron, NE 100 kW

ALTERNATES: Contractor may provide an alternate solution using two (2) smaller wind turbine systems provided that the output of the combined systems are equal to or exceed the rated power output specified for each location. For example, two 10 kW rated wind turbine units may be installed to provide the 20 kW rated output. The extent of work is described in Part III & IV of this scope of work.

The generator systems shall be connected to the local grid at the Job Corps Building listed in III.B.1 using approved local utility connections, and shall include grounding and lightning protection.

DESIGN REQUIREMENTS/SPECIFIC INSTRUCTIONS

LEGALLY MANDATED STANDARDS

The contractor shall conform to:

Code of Federal Regulations

Safety and Health...................................................................................... OSHA CFR Part 1926

Historic Preservation ..........................................................................................36 CFR Part 800

Life Safety Code .............................................................................................................NFPA-101

The contractor’s responsibility for safety related requirements extends to all impacted areas and access ways affected by the work.

C-4

National and State Building Codes

The contractor shall conform to all applicable construction codes, ordinances, and regulations including the national building code used in the local area, laws and local ordinances. Deviations and interpretations shall be subject to the approval of the Department of Labor (DOL).

Permits and Licenses

The contractor shall research, and be responsible for obtaining, all regulatory, permits and licensing requirements

SPECIFIC INSTRUCTIONS

Center Operation

The center shall remain in operation throughout the Construction Phase. The design-build contractor shall, as part of this contract, coordinate with the Engineering Support Contractor and will minimize disruption of center operations during construction

Equipment

The contractor shall clearly indicate where attachment to the local electrical system will occur.

EXTENT OF WORK

SITE IMPROVEMENTS AND SECURITY

Installation Install wind turbine generator system(s) as indicated on the attached site plan. The system(s) shall include items needed to produce the rated power at the rated wind speed such as wind rotor, permanent magnet generator, tail vane, stand/tower, electric controller, manual brake, electric inverter, and electric cable.

Site Improvements

The design-build contractor shall provide subsurface soil exploration sufficient to determine the foundation requirements for the proposed structure. This work shall include a report with recommendations for foundation designs from a registered geotechnical engineer. The final geotechnical report shall be submitted with the design. In addition, the design-build contractor shall include

C-5 testing and observation services from the soil engineer during earthwork for foundation construction.

Site Security

The contractor shall ensure the security of operations and storage areas to preclude all breaches of security including, but not limited to vandalism and/or theft that can impact the timely and successful completion of the work. While existing center operations will be continuing during the course of the project, the contractor shall not rely on any aspect of center security to guard aspects of his operations. At no time during this construction, up to and including the acceptance of the substantial completion walk-through, will the DOL accept requests for additional security measures. The DOL shall not be held liable for loss of, and/or damage to, materials, tools, and equipment of the design-build contractor or any of the design-build contractor’s subs, under this contract. DOL shall not in any way be liable or responsible for damage and/or loss of work due to trespass or theft.

GENERAL REQUIREMENTS

Permits and Electrical Connections

The system(s) shall supply power to a specific building and tied directly into the utility power grid. The system connections and configurations shall be in accordance with utility company and related sections of latest edition of National Electrical Code requirements. The Contractor shall obtain any approvals or permits necessary for the system from the local, state, Federal Government or the Federal Aviation Administration (FAA). The Contractor shall comply with any and all requirements such as lighting from the FAA or local government.

The following building(s) will be powered with the wind turbine(s):

Center Building Estimated distance to

Building Pine Ridge 530 350’

Wind Turbine Systems

The wind turbines generator systems shall include items needed to produce the rated power at the rated wind speed such as wind rotor, permanent magnet generator, tail vane, stand/tower, electric controller, manual brake, electric inverter, and electric cable, and shall meet the following characteristics: Models and types are shown for example and approved equals would be acceptable.

Provide engineered lightning protection.

C-6

Furnish and deliver manufacturer’s start-up, testing and balancing, and synchronizing with documented results.

(a) 10 kW

Start up wind speed 3 m/s Energy output at 5 m/s wind speed: 1.5 kW.

Energy output at 10 m/s wind speed: 10 kW Provide 3 Wire Single Phase 120/240 VAC output, 60 Hz

Minimum Tower Height – 80’

MFR:Bergey Model: BWC EXCEL (or equal) TOWER MFR: Bergey Model:XLSS24 (or equal)

(b) 20 kW

Start up wind speed 8 mph Energy output at 16 mph wind speed: 5 kW.

Energy output at 26 mph wind speed: 20 kW Provide 3 Wire Single Phase 120/240 VAC output, 60 Hz

Minimum Tower Height – 80’

MFR: Jacobs Wind Model: 31-20 (or equal) TOWER MFR: Jacobs Wind Model: Free Standing Monopole 80’ (or equal)

(c) 50 kW

Start up wind speed 4 m/s Energy output at 8 m/s wind speed: 23 kW.

Energy output at 10 m/s wind speed: 41 kW Provide 120/208V, 3-phase 60 Hz, 480 VAC

Minimum Tower Height – 100’

MFR:_Entegrity Wind Model:_EW 50 (or equal) TOWER MFR:Entegrity Wind Model: Free Standing Monopole 100’ (or equal)

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(d) 100 kW

Start up wind speed 4 m/s Energy output at 8 m/s wind speed: 42 kW.

Energy output at 10 m/s wind speed: 70 kW Provide 120/208V, 3-phase 60 Hz, 480 VAC

Minimum Tower Height – 120’

MFR: Northwind Model:_Northwind 100 (or equal) TOWER MFR: Northwind Model:Monopole 120’ (or equal)

Equal refers to rated power and tower type.

Mounting:

(a) Monopole or self supporting tower(s) to support the turbine generator(s). Guy wired towers will not be accepted.

(b) Height of the tower shall take into account local terrain and conditions. The Contractor shall coordinate tower height with the local authorities and/or the FAA as needed and provide tower anti-collision lighting as required.

(c) The tower shall be protected from climbing by unauthorized personnel with a climbing guard.

(d) Structural work shall be stamped and approved by a licensed structural engineer.

Warranty:

Equipment – 5-year parts and labor, after final acceptance.

Installation - 5 years from date of final acceptance.

Maintenance and Service Agreement

The contractor shall furnish separate service/maintenance agreements (which shall be established between the contractor and the Job Corps Center) covering all labor, equipment and materials to ensure proper operation during the warranty period and renewable thereafter by mutual consent with the Job Corps Center. The agreement shall include, but is not limited to the following:

Inspecting, cleaning, and lubricating all rotating parts;

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Clean outside and paint anti-rust grease on the surface of all fixed connecting parts;

Provide lubrication and maintenance to the bearing of generator;

Provide cleaning, rust removing and painting to all exposed parts; and Specify number of routine maintenance visits per year.

Within the warranty period, if the performance of the wind energy system indicates that the wind turbine is not performing to its published power curve adjusted for location, the contractor shall correct any and all deficiencies at their expense.

Metering:

Provide an anemometer and electric meter with remote monitoring capability for power produced by the turbine. A connection to the meter will be provided by the Job Corps Center.

Incidental Cutting and Patching

The contractor shall be responsible for all cutting and patching incidental to the work described herein. The contractor shall be responsible for identifying the location of existing utilities and shall be responsible to avoid damaging the existing utilities during completion of this work. The contractor shall repair and/or replace any damage to structures, elements, utilities, finishes, etc., that occurred during construction within 48 hours. The contractor shall pay the cost to repair and/or replace any damage to structures, elements, utilities, finishes, etc., which they have caused.

Coordination of Work

Existing Utility Interruptions

The contractor shall not interrupt any utilities serving the facilities occupied by DOL unless permitted under the following conditions and then only after arranging to provide temporary utility services to maintain facility function:

Notify the Center Director, or delegated representative, not less than four (4) days in advance of proposed utility interruptions

Do not proceed with utility interruptions without Center Director, or delegated representatives, written permission.

Owner Installed Products

The DOL, through a separate contract, will provide and install telephone and data connection to the meter and anemometer. The design-build contractor shall coordinate the construction, operation, and installation of the telephone and data connection. Furthermore, the design-build contractor shall provide

C-9 the contractor installing the telephone and data connection all access necessary to successfully complete the installation.

C-10

SKETCHES

DOL110RP20889 SECTION D

PACKAGING AND MARKING

D-1

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

DOL110RP20889 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

DOL110RP20889 SECTION F

DELIVERIES OR PERFORMANCE

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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 $275.00

DOL110RP20889 SECTION F

DELIVERIES OR PERFORMANCE

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(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 240 calendar days following receipt of a notice to proceed.

The work under this contract shall be fully complete within 254 calendar days following notice to proceed."

DOL110RP20889 SECTION G

CONTRACT ADMINISTRATION

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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 maintain approved barricades and all reasonable safeguards for safety and protection, including the posting of danger signs and other warnings against hazards.

During any approved new construction, the Contractor is to erect fences or other barriers around the construction site and any required storage and staging areas.

Current OSHA regulations must be followed in the placement or erection of safety barriers around excavation.

During any repairs, alterations, or additions to existing facilities, the Contractor is to provide a secure separation between the areas where the work is to be performed and areas that are utilized by the Job Corps Center. Care must be taken by the Contractor to provide continuous and uninterrupted occupancy of the adjacent spaces or facilities.

G.7 DISPOSAL OF REFUSE

Refuse resulting from construction operations shall be removed from the site. Refuse shall not be allowed to accumulate for more than one week and shall be removed at more frequent intervals if directed by DOL or its designated representative.

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G.8 SCHEDULE OF PROGRESS

Unless otherwise specified in the contract documents, the Government intends to take possession of the facilities included in this project at one date. That single Substantial Completion date is specified in days following issuance of the notice to proceed (NTP) stated in ATTACHMENT B

– ADDITIONAL INSTRUCTIONS TO OFFERORS/BIDDERS. No “partial” substantial completion dates are anticipated. Therefore, within fourteen (14) calendar days following notice to proceed (NTP) the contractor shall submit to the Contracting Officer, or his/her designated representative, a realistic critical path method (CPM) project plan demonstrating the Contractor’s methodology for meeting the timely completion of the entire project, whether or not it involves more than one building, in the time specified on Block 11 of the Solicitation, Offer and Award document (SF-1442). The Contractor shall submit its CPM Project schedule in either Primavera or MS-Project. Following review and approval of this CPM schedule, the Contractor shall submit one electronic copy of the schedule to the Contracting Officer.

The Contractor shall submit three copies of an updated design/construction schedule to DOL or its designated representative with each pay request, and when required by major changes in the work or schedule. If the Contractor fails to submit a progress schedule within the time herein prescribed, the CO may withhold approval of progress payments until such time as the Contractor submits the required progress schedule.

G.9 PAYMENTS TO CONTRACTOR

Before the first progress payment under this contract becomes due, the Contractor shall prepare a Schedule of Values of the contract price that is acceptable to the Contracting Officer. The values in the breakdown will be used for determining progress payments. No progress payments requests will be accepted or considered for payment until the Schedule of Values has been accepted and approved by the Contracting Officer.

The Contractor’s Schedule of Values shall provide a line item of at least of at least 10% of the contract price to cover preparation and delivery of the required close out documents specified in Section G.17. The Schedule of Values shall be set up by participating trades, and when more than 1 building/structure/phrase is involved, the breakdown shall be set by trades by building/structure/phase.

Preparatory work done (including design submittals and shop drawings) will be taken into consideration in preparing estimates upon which progress payments are based. Unless otherwise provided in the specifications, materials delivered that will be incorporated into the structure will be taken into consideration in computing progress payments, provided the material is delivered on the site, or is delivered to the contractor and properly stored by the Contractor in a bonded warehouse or storage yard, or similar suitable place as may be approved by the Contracting Officer. Before each such payment is made for delivered material stored on the site, the Contractor shall furnish to the Contracting Officer such evidence as may be required as proof of the quantity and value of such materials. Before each payment is made for delivered materials stored on or off site, the Contractor shall furnish the Contracting Officer with properly executed bills of sale for the delivered material upon which payment is being made. The Contractor shall remain responsible for such stored materials.

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Estimates on which progress payments are based shall include the value (as determined by the Contracting Officer) of satisfactory in-place work performed pursuant to a unilateral modification (change order) where final agreement on the equitable price adjustment has not been reached, up to the limit specified in the individual unilateral modification.

The Contractor shall not be deemed to have the right to receive final payment due or to become due under this contract unless and until the Contractor’s surety has made payment in settlement of requirements of the surety’s undertaking under the payment or performance bond and has so notified the Contracting Officer of the claims and amounts so paid.

G.10 FURNISHING INFORMATION AND RECORDS

If the Contractor or any subcontractor under this contract, or the officers or agents of the Contractor or any subcontractor, shall refuse or have refused, except as provided by the terms of the prime contract involved, to furnish to any Government agency or establishment in the legislative or judicial branch of the Government, information or records reasonably pertinent to this contract, or any other Government contract in connection with which the Contractor or such subcontractor has or shall have preformed work or furnished materials or supplies or undertaken to do so, the following action may be taken:

In the case of a refusal by the Contractor, its officers or agents, the Government may, after affording an opportunity to explain or justify such refusal, terminate the Contractor’s right to proceed with the work under the contract and thereupon the Government may avail itself of the rights and remedies provided in the clause entitled Default of this contract in addition to any other rights and remedies provided by law and under this contract.

G.11 WORKERS’ COMPENSATION LAWS

The Act of June 25, 1936, 49 Stat. (40 U.S.C. 290) authorized the constituted authority of the several States to apply their workers compensation laws to all land and premises owned or held by the United States.

G.12 REQUIRED INSURANCE

The Contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

Workers Compensation and Employer’s Liability

1. Statutory: Amounts in coverage as required by the State compensation laws including provisions for voluntary benefits as required in labor union agreements, and including provisions for extending policy in accordance with laws and other jurisdictions.

2. Employer’s Liability: At least $100,000 each accident.

G-6

Builder’s Risk

The Contractor shall provide Contractor’s Builder’s Risk and Fire and Extended Coverage Insurance to protect the Government and the Contractor and subcontractors against loss caused by the perils insured against the amount of 100% of the value of the Design Building project, including items of labor and materials in place or to be used as part of the permanent structure, including surplus materials, temporary structure and miscellaneous materials and supplies incidental to the work. Such insurance may be maintained in full force and effect until the project is accepted. Policies shall be written to include the United States Government and the Contractor. Write the words “as their interest may appear.” Remove “XCU” exclusions relating to damage caused by simple explosion, collapse, shoring, grading, and underground utilities.

Comprehensive General Liability (or Blanket Liability)

Contractual liability, including completed operations liability, will be kept in force for at least one year after work has been completed. Coverage will be provided to include the Federal Government and its Operating Contractor. Limits will be:

1. Bodily injury liability – at least $250,000 each person; $500,000 each occurrence.

2. Property damage liability – at least $250,000 each accident; $250,000 aggregate.

3. Broad form property damage basis – remove “XCU” exclusions relating to damage to property caused by explosions, collapse, shoring, grading, and underground utilities.

Comprehensive Automotive Liability Insurance

This will include coverage for owned, non-owned, and hired vehicles. Bodily injury liability: At least $250,000 each person; $500,000 each occurrence.

Prior to the commencement of work hereunder, the Contractor shall furnish to the CO a certificate or written statement of the above-required insurance. Companies shall be acceptable to the Government. The policies evidencing required insurance shall contain and endorsement to the effect that cancellation or material change in the policies diversely affecting the interest of the Government shall a not be effective until thirty (30) days after written notice thereof to the

CO.

The Contractor agrees to insert the substance of this clause, including this last paragraph, in all subcontracts hereunder.

The Certificate of Insurance cancellation section shall read:

“Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the below named certificate holder or to the certificate holder named to the left.”

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G.13 EQUITABLE ADJUSTMENTS

The provisions of the Differing Site Conditions clause (52.236-2) and the Changes Clause (52.243-4) of this contract are supplemented as follows:

The Contractor shall submit a proposal, in accordance with the requirements and limitations set forth in this "Equitable Adjustments" clause, for the work involving contemplated changes covered by the request. The proposal shall be submitted within the time limit indicated in any written request or any extension of such time limit as may be subsequently granted.