DOL-ETA-17-R-00003.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

US Department of Labor

Office of Contracts Management

200 Constitution Ave, NW Room N-4643

ETA OCM NATIONAL

Washington DC 20210

Mr. David Stephens, Jr

200 Constitution Avenue, Washington, DC NW 20210 Francis Perkins Building (FPB) Room N-4649

DAVID STEPHENS 202-693-3267

1x 11/17/2016

DOL-ETA-17-R-00003

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

PROJECT TITLE: Construction for a NEW JOB CORPS CENTER in Atlanta, Georgia.

This project is to provide construction services for a new Job Corps campus to replace the existing Job Corps Center located in Atlanta, GA. The new campus is comprised of approximately 25 acres which is currently wooded.

A full description of the required construction services are detailed in the Specifications and Drawings and can be downloaded from the download link in Section C.

The estimated Construction Cost is between $50 Million and $70 Million.

Pre-proposal meeting and site visit information is contained in Section L.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 540 calendar days and complete it within ________________ ________________ calendar days after receiving

01/09/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

US Department of Labor Office of Contracts Management

200 Constitution Ave, NW Room N-4643

ETA OCM NATIONAL

Washington DC 20210

Maria Pizarro

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

DOL-ETA-17-R-00003

Table of Contents

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

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

SF 1442 SOLICITATION, OFFER, AND AWARD NOTICE: Total SET-ASIDE (Construction, Alteration, or Repair) ....................................................................................................................................A-1

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

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

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

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

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

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE...................................E-1 E.2 INSPECTION AND ACCEPTANCE .............................................................................................................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)..................................................F-1 F.4 PERIOD OF PERFORMANCE ......................................................................................................................F-1 F.5 PLACE OF PERFORMANCE.........................................................................................................................F-2

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-3 G.9 PAYMENTS TO CONTRACTOR.................................................................................................................G-4 G.10 METHOD OF PAYMENT ...........................................................................................................................G-4 G.11 FURNISHING INFORMATION AND RECORDS ....................................................................................G-5 G.12 WORKERS’ COMPENSATION LAWS .....................................................................................................G-5 G.13 REQUIRED INSURANCE...........................................................................................................................G-5 G.14 EQUITABLE ADJUSTMENTS...................................................................................................................G-6 G.15 WEATHER DELAYS (EXCUSABLE DELAY).........................................................................................G-7 G.16 TEST RESULTS...........................................................................................................................................G-8 G.17 AS-BUILT RECORD OF MATERIALS AND INSTALLATION .............................................................G-8 G.18 SUBSTANTIAL COMPLETION.................................................................................................................G-8 G.19 CONTRACT CLOSEOUT ...........................................................................................................................G-9 G.20 PRECEDENCE OF PLANS, SPECIFICATIONS, AND CLAUSES..........................................................G-9 G.21 INVOICE PREPARATION AND SUBMISSION.....................................................................................G-10

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

H.1 COMMENCEMENT OF WORK...................................................................................................................H-1 H.2 PROPOSAL PREPARATION COSTS ..........................................................................................................H-1 H.3 SUBCONTRACTING RESPONSIBILITIES ................................................................................................H-1 H.4 ENVIRONMENTAL COMPLIANCE ...........................................................................................................H-1 H.5 INSTALLATION RULES AND REGULATIONS .......................................................................................H-1 H.6 SPECIAL UTILITY PROVISION .................................................................................................................H-1 H.7 SAFEGARDING SENSITIVE BUT UNCLASSIFIED DOCUMENTS.......................................................H-1 H.8 SUBMISSION OF CORRESPONDENCE ....................................................................................................H-2 H.9 DESIGNATION OF GOVERNMENT INSPECTOR....................................................................................H-2 H.10 OTHER CONTRACTORS ............................................................................................................................H-2 H.11 CONTRACT IDENTIFICATION NUMBER ...............................................................................................H-2 H.12 WITHHOLDING ..........................................................................................................................................H-2 H.13 POLITICAL ACTIVITY ..............................................................................................................................H-3 H.14 LAWS APPLICABLE ..................................................................................................................................H-3 H.15 DISPOSITION OF MATERIAL ..................................................................................................................H-3 H.16 HAZARDOUS OCCUPATION ORDERS ..................................................................................................H-3 H.17 DATA COLLECTION FOR THE DEPARTMENT OF LABOR ...............................................................H-3 H.18 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING .................................................................H-3 H.19 AVAILABILITY OF UTILITY SERVICES ...............................................................................................H-3 H.20 RIGHTS AND OBLIGATIONS...................................................................................................................H-4 H.21 INITIATION OF LIQUIDATED DAMAGES.............................................................................................H-4 H.22 COMPLIANCE WITH NONDISCRIMINATION AND EQUAL OPPORTUNITY LAWS.....................H-4 H.23 MODIFICATIONS AND CHANGE ORDERS ...........................................................................................H-4 H.24 PERMITS AND LICENSES ........................................................................................................................H-5

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 INFORMATION REGARDING RESPONSIBILTY OF MATTERS (FEB 2012)..........................................I-4

I.3 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRCT

AWARDS (JUL 2013) ...................................................................................................................................I-5 I.4 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATE PRICED LINE ITEM (MAY 1989) ….I-7 I.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) ...........I-7

I.6 52.222-34 PROJECT LABOR AGREEMENT (MAY 2010)……………………………………………..…I-8

I.7 52.222-34 PROJECT LABOR AGREEMENT (MAY 2010) (DEVIATION SEPT 2016)…...……………..I-8

I.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (DEC 2010) (DEVIATION) ..................................................................................................................I-9 I.9 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)..................................................I-10

I.10 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEPT 2013).........................................................................................I-12

I.11 52.223-3 HAZARDOUS MATERIAL IDENTIFICAITON AND MATERIAL

SAFETY DATA (JAN 1997) ........................................................................................................................I-13 I.12 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014) ..............................I-16

I.13 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT CONSTRUCTION

MATERIALS (MAY 2014) ........................................................................................................................I-16 I.14 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) ALT I (DEC 2007).I-17 I.15 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010) ....................I-17 I.16 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014).........................I-18

I.17 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)........................I-24 I.18 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)..................................................................I-25 I.19 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ..................................................I-26

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

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

J.1 WAGE DETERMINATION .............................................................................................................................J-1 J.1 JCH 814 .............................................................................................................................................................J-1

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS ...........................................................................................................K-1

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE......................K-1 K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) ..........................K-1 K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012) .................................K-2 K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) .........................K-4 K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012).........................................K-5 K.6 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)..............................................K-7 K.7 SIGNATURE BLOCK ..................................................................................................................................K-9

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS .........................................................................................................................................L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE.......................L-1

L.2 52.215-20 REQUIREMENTS FORCERTIFIED COSTOR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) .................................................L-1 L.3 52.216-1 TYPE OF CONTRACT (APR 1984) ..............................................................................................L-2

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) ..................................................L-2 L.5 52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (MAY 2010).………L-3

L.6 52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (MAY 2010)

ALTERNATE 1 (DEVIATION SEPT 2016)……...……………………………………………………………..L-4

L.7 52.233-2 SERVICE OF PROTEST (SEP 2006)...............................................................................................L-5 L.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE 1 (FEB 1995) ...............................L-5 L.9 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997) .......................................L-5 L.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE.......................................L-6 L.11 52.252-3 ALTERATIONS IN SOLICITATIONS (APR1984) ......................................................................L-6 L.12 GENERAL PROPOSAL PREPARATION INSTRUCTIONS ....................................................................L-6

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

DOL-ETA-17-R-0003

B-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

PRICE/COST SCHEDULE

CLIN SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 LS --------- $

Firm Fixed Price The Contractor shall provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform the Construction Services for the New Atlanta Job Corps Center.

TOTAL **$

**Enter amount on Page 2 of SF 1442, Block 17.

B.2 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 five 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 five 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.

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 The specifications and drawings for the New Atlanta Job Corps Center are available at:

http://www.solicitationattachments.com/atlantanew http://www.solicitationattachments.com/atlantanew

D-1

SECTION D - PACKAGING AND MARKING

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

E-1

SECTION E - INSPECTION AND ACCEPTANCE

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

E.2 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

Atlanta Job Corps Center Northeast Quadrant of Intersection of Washington Road and Roosevelt Highway Atlanta, Georgia 30349

The Government shall perform inspections and tests, as may be applicable, in a manner that does not unduly delay the work.

F-1

SECTION F - DELIVERIES OR PERFORMANCE

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 EXTENSION SEP 2000

52.242-14 SUSPENSION OF WORK APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.247-34 F.O.B. DESTINATION NOV 1991

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 ten (10) calendar days 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 540 days after receipt of the Notice to Proceed. 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 by To Be Determined. 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)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (See Below) for each calendar day of delay until the work is completed or accepted.

LIQUIDATED DAMAGES

PART OR STAGE OF THE WORK FOR EACH DAY OF DELAY

$ 1,327.33

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.4 PERIOD OF PERFORMANCE

Substantial completion beneficial occupancy shall be achieved within 510 calendar days following receipt of a notice to proceed (NTP). The work under this contract shall be fully complete within 540 calendar days following

NTP.

F-2

F.5 PLACE OF PERFORMANCE

Atlanta Job Corps Center Northeast Quadrant of Intersection of Washington Road and Roosevelt Highway Atlanta, Georgia 30349

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

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 weekly basis for the duration of construction through substantial completion. Meeting minutes resulting from the 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 closeout 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 closeout documents, a complete set of Shop Drawings as approved by the Contractor’s A/E subcontractor as required in Section G.17.

The Contracting Officer’s representative for the review of shop drawings will be the Design/Architect/Engineer or other representatives determined at the preconstruction conference. If there appears to be a change of scope as the result of a shop drawing review, the Contracting Officer will resolve the matter pursuant to Clause 52.243-7 of the General Provisions.

G-2

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:

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.

G-3

The Government will not be held 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.

The Contractor will not be permitted to commence with any excavation until this enclosure is completely erected and its completion verified by the Architect/Engineer.

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.

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 the date designated for substantial completion of the work. That single Substantial Completion date is specified in calendar 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 within 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

G-4

Contractor fails to submit a progress schedule within the time herein prescribed, the CO may withhold approval of progress payments until 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. Participating trades shall set up the Schedule of Values, and when more than one 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 requested. The Contractor shall remain responsible for such stored materials.

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 METHOD OF PAYMENT

As prescribed by FAR 52.232-33, the Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information within the SAM, database.

The requirement for all federal agencies to integrate the use of SAM into their business practices was formalized with the issuance of a new Federal Acquisition Regulation policy, Circular 2003-016, case 2002-018. The issuance of this policy requires all federal contractors to register in the SAM database prior to contract award of any contract or purchase agreement. Furthermore, the rule stipulates SAM will now be the source of EFT account information for contractors doing business with the Federal Government. To this end, payment offices are now required to use the information contained in SAM to accomplish payments to vendors. Therefore, it is extremely important that the Contractor keep their information current in SAM. This means that the Contractor must renew

G-5 their registration every 365 days. In addition, if their active registration expires while they are still under contract all payments will stop.

G.11 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.12 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.13 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.

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:

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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 thirty (30) days written notice to the below named certificate holder or to the certificate holder named to the left.”

G.14 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. The Contractor’s written statement of the monetary extent of a request for equitable adjustment shall be submitted in lump sum with an itemized breakdown as follows:

Direct Costs

Material quantities by trades and unit costs (manufacturing burden associated with material fabrication performed off the job site will be considered to be part of the material costs of the fabricated item delivered to the job site)

Labor breakdown by trades and unit costs (identified with specific item of material to be placed or operation to be performed).

Construction equipment exclusively necessary for the change.

Worker's Compensation and Liability Insurance.

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Employment taxes under FICA and FUTA.

Bond costs - when size of change warrants revision, as determined by the Contracting officer pursuant Clause 52.228-2.

Overhead, Profit, and Commission

The maximum allowable overhead, profit, and commission percentages given in this paragraph shall be considered to include, but are not limited to, job-site staff and office expense; incidental job burdens; small tools;

and general office overhead allocation. The percentages for overhead, profit, and commission shall be negotiated and may vary according to the nature, extent, and complexity of the work involved, but in no case shall exceed the following:

Description Overhead Profit Commission To Contractor on work performed by other than its own forces............................. N/A N/A 10% To first tier subcontractor on work-performed by its subcontractors........................ N/A N/A 10% To Contractor and/or subcontractor for that portion of the work per formed with their respective forces

10% 10% N/A

Not more than four percentages, not to exceed the maximum percentages shown above, will be allowed regardless of the number of tier subcontractors. In proposals covering both increases and decreases in the amount of the contract, the application of overhead and profit percentages shall be on the net increase in direct costs for the Contractor or subcontractor performing the work. However, where the Contractor or first tier subcontractor receives proposals in additive and deductive amounts from separate lower tier subcontractors, the commission shall be allowed on the added amounts prior to subtraction of the credit amounts.

The Contractor shall submit, with the Proposal, a request for a time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the contract in its entirety.

In considering a proposal, the Government shall make check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment.

After receipt of a proposal, the Contracting Officer shall act thereon within 30 days; provided, however, that when the necessity to proceed with a change does not allow time to properly check a proposal or in the event of failure to reach an agreement on a proposal, the Government may order the Contractor to proceed on the basis of a price to be determined at the earliest practicable date. Such price shall not be more than the increase or less than the decrease proposed, except that on proposals under $100,000, the increase shall not exceed the proposed increase plus 10%.

If a mutually acceptable price cannot be reached, the Contracting Officer may determine the price unilaterally.

The provisions of the Differing Site Conditions Clause (52.236-2) of the General Provisions, and the Changes Clause (52.243-4) are supplemented as follows:

The Contractor shall submit all claims for equitable adjustments in accordance with, and subject to, the requirements and limitations set for in this "Equitable Adjustments" Clause.

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G.15 WEATHER DELAYS (EXCUSABLE DELAY)

In the event that progress of the work (i.e., the construction critical path) is delayed by adverse weather conditions, the Design Builder shall notify the Contracting Officer at the end of each month in which delay occurs.

The contractor shall submit actual weather data to support claim for time extension obtained from nearest NOAA weather station or other independently verified source approved by the Contracting Officer at the beginning of the project.

G.16 TEST RESULTS

The Contractor shall maintain a complete record of all required performance and system tests and reports that are conducted on the construction site. Copies of all verified test results shall be transmitted to the Contracting Officer’s Technical Representative (COTR) as part of the closeout documentation.

G.17 AS-BUILT RECORD OF MATERIALS AND INSTALLATION

Prior to closeout of the project, the Contractor shall furnish an “as built” record of materials used in construction.

Submittal of this data is made a condition of final payment under this contract. Where several manufacturers’ brands, types or classes of the items listed have been used in the project, the specific areas where each item was used shall be designated. Designations shall be keyed to the area and space designations on the contract drawings. As a general guide, the type of information to be recorded shall include, but not be limited to, the following:

a. All revisions, except for minor and/or non-critical dimensions.

b. Changes in significant details.

c. All omissions, including work omitted by accepted alternates.

d. All Additions to the work.

e. Dimensioned locations of major and/or main utility lines, such as main conduit runs, piping mains, and similar work.

f. Location of all…