Draft Contract Painting 2020.docx

127797 managed by Brookhaven Science Associates for the U.S. Department of Energy

MM/DD/YYYY

MM/DD/YYYY

Bradley Leavitt

XXXXXXXXXXX

BROOKHAVEN NATIONAL LABORATORY

BROOKHAVEN SCIENCE ASSOCIATES, LLC

P.O. Box 5000

UPTON, L.I., N.Y. 11973-5000

Contractor name Contractor Address Contractor Address Contractor Address

CONSTRUCTION CONTRACT FOR:

TASK ORDER CONTRACT for PAINTING

This is a Contract (Contract) made as of the date set forth above, between ________________(Contractor) and Brookhaven Science Associates, LLC (BSA) the latter acting under Prime Contract with the United States of America (Government) represented by the United States Department of Energy (DOE) to operate the Brookhaven National Laboratory (BNL).

I. Scope of the Work:

Furnish all labor, services, materials, tools, and equipment required to perform a variety of assigned general construction and carpentry work as required on various projects throughout the BNL site. General construction and carpentry work and materials shall meet all requirements and qualifications as delineated in the enclosed Specification entitled, “Specifications for Task Order Painting”, dated Dec, 2019 (Attachment 1). BSA shall furnish the Contractor with such instructions, drawings, schedules, and supplementary specifications as it deems necessary to perform assigned work.

II. Period of Performance:

This Contract shall be effective on the date it is executed by BSA provided that the Contractor executes the contract without exception or alteration. It shall remain in effect from one year of date of award with four (4), one (1) year renewable options to extend it. These renewable options are exercised at the discretion of BSA.

III. Task Orders:

A. Task Order work to be performed shall be authorized by BSA by the issuance of a firm fixed price Task Order in accordance with the Schedule of Unit Rates (Article IV. B. 4, below) established herein.

1. For each Task Order, BSA will send the Contractor a request for a Task Order proposal and all necessary data to propose costs using the established rates, provided in the Schedule of Unit Rates. Within five (5) days after receipt of data, the Contractor shall return it to BSA indicating a firm fixed price.

2. Task Order fixed prices shall be developed based on hours of work multiplied by the appropriate hourly billing rate from the Schedule of Unit Rates. Any cost of materials that the Contractor is required to provide shall also be detailed.

3. For each Task Order BSA will negotiate a firm fixed price with the Contractor based on BSA’s independent cost estimate and the Contractor’s proposal. If an agreement on a firm fixed price cannot be reached, BSA reserves the right to bid the work out to others.

4. After agreement is made BSA will notify the Contractor to proceed. The Contractor shall start work no later than two (2) working days after receiving a notice to proceed from BSA.

5. If during the course of work, the Contractor finds that the task cannot be accomplished as directed in the Task Order due to conditions described in Attachment A, General Terms and Conditions for Construction and Labor Hour Contracts, entitled “Differing Site Conditions”, the Contactor shall follow the steps prescribed therein to notify BSA’s Contractual Representative of these new conditions.

6. After being notified that the Task Order is completed, BSA will field inspect the installation to determine if it fully complies with the Task Order. In the event the task is not found to be in compliance, the Contractor shall repair or replace in whole or in part all work not in compliance at no charge to BSA.

7. Final acceptance of the Task Order shall occur when approved by BSA’s Field Engineer.

B. During the term of this Contract, BSA may authorize multiple Task Orders and shall expect the Contractor to perform work on multiple tasks concurrently.

C. Any special equipment required by the Contractor must be approved by BSA prior to issuance of the Task Order.

D. Award is made for base bid plus bonding and insurance. Performance and payment bond is required for each task order exceeding $150,000.00.

IV. Compensation, Schedule of Unit Rates and Payment:

A. Compensation: The Contractor shall be compensated for the services performed at the negotiated firm fixed price authorized for each individual task order.

B. Schedule of Unit Rates:

1. The Contractor's compensation for services rendered hereunder shall be in accordance with the Schedule of Unit Rates listed herein which applies solely to time actually worked at BNL. No additional compensation will be allowed for travel, subsistence or lodging. Straight time rates are based on work for the first 40 hours per week, Monday to Friday inclusive.

2. Unit Rates shall be all inclusive, covering all labor, equipment, tools, supervision, insurance, overhead, and profit, so that number of hours may be multiplied by the appropriate Unit Rate to determine a fixed price without the addition of other factors. All Unit Rates shall be firm for the Contract term.

3. All Unit Rates must be inclusive of the required minimum hourly Davis-Bacon Act wage rates plus applicable fringe benefits for work performed in Suffolk County (see Attachment 2).

4. Schedule of Unit Rates Billing Rates by Task Classifications:

/ SF

/ SF

/ SF

/ SF

/ SF

/ SF

/EA

Description Painting

/ SF

/ SF

/ SF

/SF

/LF

/EA

C. Payment:

1. Payment will be made upon receipt and approval of properly certified invoices. Lien Waivers associated with each payment period from the Contractor and lower tier Subcontractors must be attached to submitted invoices. Invoices shall be directed to BSA’s Accounts Payable Section via electronic or regular mail. Electronic invoice submittal is preferred by BSA. The Contractor shall make every effort to have systems in place that allow for electronic invoice transmittal. Invoices shall be submitted in PDF format, via email, to apinvoices@bnl.gov. Hard copy invoices, in duplicate, shall be directed to BSA’s Accounts Payable Section, Contracts Division, Bldg. No. 400-D. Payment terms shall be Net 10 days.

2. Invoices must indicate the Contract name, Purchase Order number and Task Order number. In addition, the Contractor shall indicate the final invoice for a Task Order by clearly marking such invoice as "Final".

3. Upon completion of each Task Order (as well as upon expiration of this Contract) the Contractor shall submit a “Final Release of Claims” (Attachment 3) against BSA and the Government arising out of or in any way connected with this Contract or work provided for herein, other than such claims, if any, as the Contractor may specifically except from the operation of the release in stated amount to be set forth therein. This form must be attached to the final invoice of the Contract term in order for that invoice to be processed.

V. Obligation of Funds:

Each awarded Task Order will be fully funded at time of award. Project schedules and proposals shall be based upon this funding profile.

VI. Authorized Representatives:

A. Contractor’s Technical Representative: is the Contractor’s authorized Technical Representative, hereunder. He/She shall act as liaison between BSA and the Contractor in technical matters only. He/She can be reached at (Telephone No) fill in e-mail address (e-mail).

B. Contractor’s Contractual Representative: is the Contractor’s authorized Contractual Representative, hereunder. He/She shall act as liaison between BSA and the Contractor. He/She can be reached at (Telephone No.), fill in e-mail address (e-mail).

C. BSA Technical Representative: Fill in Name of the fill in department, located in Building #### is the Technical Representative, hereunder. He/She shall act as liaison between BSA and the Contractor in technical matters only. He/She can be reached at (631) 344-#### (Telephone No.), fill in e-mail address (e-mail).

D. BSA Contractual Representative: Bradley Leavitt located in Building 902-B, Telephone No. (631) 344-6191, bleavitt@bnl.gov (e-mail), is BSA's Contractual Representative. Any change or modification in the terms and conditions of this Contract shall require the written approval of BSA's Procurement and Property Management Division’s Manager, or his designee.

VII. Davis-Bacon Requirements:

This is a Prevailing Wage Contract. The applicable wage determination number is: NY20200012, dated 1/3/2020(Attachment 5). The Contractor shall pay at a minimum the Davis-Bacon wage to their employees, including subcontract employees. Work classifications and wage determinations must be in accordance with these requirements. If appropriate title/wage is not listed, the Contractor must complete Conformance Form SF 1444 (https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate) and submit it to BSA’s Contractual Representative to obtain a Department of Labor determination of the appropriate wage rate.

BSA will make periodic site visits to interview individual workers to ensure the requirements of the Davis-Bacon Act are being met. The section titled “Labor Standards” of the Terms and Conditions covers the labor aspects of this Contact.

VIII. Required Submittals:

A. Contract and Bond:

Within fourteen (14) days after receipt of award, the Contractor shall furnish an executed copy of the Contract and a payment bond, AMS-Form-025 (Attachment 6) in the amount of $75,000. The clause titled “Performance and Payment Bond Requirements” of the General Terms and Conditions, describes the bonding requirements in more detail. Only this form will be acceptable. Only the bond of a surety company holding a certificate of authority from the Secretary of the Treasury will be accepted by BSA. The names of acceptable surety companies may be found at: www.fms.treas.gov/c570/c570.html, click on “Certified Companies”.

B. Insurance:

Within fourteen (14) days after receipt of award, the Contractor shall submit Certificates of Insurance with the coverage indicated in the clause titled “Insurance” of the General Terms and Conditions. The certificate must show that BSA and the U.S. Government are named as additional insured and that the insurance carrier will give BSA thirty (30) days prior written notice in the event of cancellation or material change in the policy.

C. Health and Safety Plan (HASP):

Prior to any work being performed, the awarded Contractor will be required to complete and submit the “Contractor’s Compliance Letter” to confirm that the Contractor’s work will conform to the applicable requirements in the BNL Health & Safety Plan (HASP) for Construction Contractors, Revision Number: 1.1. The HASP (and other Safety Requirements for a Safe Workplace) can be found at the following website:

https://brookhavenlab.sharepoint.com/:f:/s/External_SBMS/EhuIza-BMgFErjgJIZxqVQkBb4aiTjBLlCgn3-hGZE6rew?e=IFBgEf.

As stated in the HASP, Contractors will be required to submit a detailed SAFE WORK PLAN/PHASE HAZARD ANAYLSIS PROGRAM (as specified in Section 16) for each task order issued to them.

The Code of Federal Regulations 10 CFR 851 “Worker Safety and Health” applies to BSA and all its contractors and sub-tier contractors. The Health and Safety Plan meets the requirements specified in that regulation.

For further information or assistance concerning the Health and Safety Plan contact Dari Scuola at (631) 344-8201(phone), or Dscuola@BNL.gov (email).

D. Certifications:

During the course of the work for each Task Order, the Contractor is required to submit the following to the above named BNL Contractual Representative:

1. Weekly Certified Payroll reports for both its own work force and that of all lower-tier subcontractors. Work classifications and wage determinations must be in accordance with Davis-Bacon requirements.

2. Copeland Statement of Compliance for both of its own work force, and that of all subcontractors.

3. A Final Release of Claim Form No. AMS-Form-022 (Attachment 4) against BSA and the Government (submitted with the Final invoice) at completion of the Contract term.

IX. Product Recalls:

Any and all product recall alerts should be communicated by email directly to ProductRecallAlert@BNL.gov. All available information such as the Order Number(s), date of order, and name of purchaser is to be provided with the notification to assist BSA in locating and identifying the subject recall material.

X. Tax Exemption:

This Contract will not be subject to New York State Sales and Use Taxes. BSA’s Exempt Organization Certification Number is 216880.

XI. Additional Terms:

The provisions of BSA General Terms and Conditions for Construction and Labor Hour Agreements, Rev. 18.2 (Sep. 2019) are incorporated herein and made a part hereof. These can be accessed and printed at: http://www.bnl.gov/ppm/T-Cs/t-c.asp .

The provisions of BSA Supplemental Terms and Conditions for Price-Anderson Act, Rev. 18.2 (Sep. 2019) are incorporated herein and made a part hereof. These can be accessed and printed at: http://www.bnl.gov/ppm/T-Cs/t-c.asp .

The Contractor acknowledges that the following is included in this Contract:

1. Contactor flow down requirements of Environmental, Safety and Health requirements to all subcontracts of any tier.

2. BNL Supplier Quality Assurance Requirements (BNL-QA-101, Attachment 5).

This Contract does not bind nor purport to bind the United States Government.

Attachments:

3. Final Release of Claim Form No. AMS-Form-022, dated 11/03/2016

4. Payment Bond Form No. AMS-Form-025, dated 05/11/2017 Enclosure 5

Contract Module No. XXXXXXXX

ACCEPTED:

Title:

Title: Contracts Administrator

Two (2) copies of this Contract, executed by Brookhaven Science Associates, LLC (BSA) have been provided. Should you accept this Contract without exception or alteration, one (1) copy of the Contract executed by both parties shall be returned to the cognizant BSA Contractual Representative via e-mail and/or U.S. mail. Should you take any exceptions or attempt to alter the Contract in any manner, BSA's execution thereof shall be null and void. Should you wish to take exception(s)/alteration(s), notify the BSA’s Contractual Representative. BSA will consider the requested exception(s)/alternation(s) and notify you accordingly. No Contract shall exist unless and until such differences are resolved.

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