Amendment_0004.pdf

Restack of the William J. Green Federal Building Page 02

GS-03-P-16-AZ-C-7004

Amendment 0004

The subject solicitation is hereby amended to incorporate the following changes:

1. The RFI submission deadline is extended until 4:00 PM EST on 06/10/2016.

2. The proposal submission deadline is extended until 12:00 PM EST on

06/27/2016.

3. The attached RFIs 14 to 39 and responses are incorporated into the subject solicitation.

4. The attached Davis Bacon Wage Decision Number PA160005, dated

06/03/2016, is incorporated into the subject solicitation.

5. The attached revised “Scope of Work, Solicitation 101 and Solicitation 201” are incorporated into the subject solicitation. New or revised information is listed in BOLD. Information that has been removed is crossed out and highlighted in red.

6. The “Design Addendum 01” includes the following revised specification sections and drawings are incorporated into the solicitation:

a. Specification - Table of Contents

b. Specification 01 1000 Summary

c. Specification 01 2400 Options

d. Specification 09 5113 Acoustical Panel Ceilings

e. Specification 09 6513 Resilient Base and Accessories

f. Specification23 0529 Hangers and Supports for HVAC Piping and

Equipment

g. Drawing MD103

h. Drawing MD104

i. Drawing MD 501

j. Drawing MH103

k. Drawing MH104

l. Drawing ty6-00

m. Pre-Alteration Asbestos Assessment

n. Construction Sequencing Diagrams

o. Addendum No. 01 Cover Sheet

p. 01 Architectural Addendum 01

All other terms and conditions remain the same.

Restack of the William J. Green Federal Building Requests for Information and Responses

RFI 014: The following drawings are included in the set but not listed on the drawing index on sheet A0.00:

1) A5.82

2) MH119, MH120, MH122

3) E227

4) TA1-00, TA1-03A, TA1-03B, TA1-23A, TA1-23B, TC4-22

5) MD406, MH403

6) TC4-53, TC6-02

7) TY1-05A, TY1-09A, TY1-09B, TY6-00

Response 014: Design Addendum 01 includes a revised Cover Sheet A0.00 to coordinate drawings included in the set that were previously unlisted on the cover sheet.

RFI 015: The following specs are missing from the set but listed in the table of contents:

1) 09 81 16 – ACOUSTICAL BLANKET INSULATION

2) 14 01 21 – ELEVATOR MODIFICATIONS

Response 015: Design Addendum 01 includes a revised Table of Contents (revisions are noted in BOLD Italics).

RFI 016: There are (2) spec sections for “09 65 13 – RESILIENT BASE AND

ACCESSORIES”. The table of contents only lists one section.

Response 016: Design Addendum 01 includes a correct version of Section 09 6513 - Resilient Base and Accessories.

RFI 017: Spec section “22 41 00 – COMMERCIAL PLUMBING FIXTURES” is listed in the table of contents as “22 41 00 – RESIDENTIAL PLUMBING FIXTURES”.

Response 017: Design Addendum 01 includes a revised Table of Contents (revisions are noted in BOLD Italics).

RFI 018: Architectural drawings indicate work not in contract on several floors however

Fire protection drawing indicate work over the entire floors. Please explain if entire floors are to be replaced and if so who is responsible for ceiling removal and replacement etc.

Response 018: All sprinkler branch lines that are the Allied XL pipe shall be replaced with new black steel pipe and new quick response sprinkler heads. The contractor shall be responsible for all ceiling removal and replacement for installing sprinkler lines.

RFI 019: Level 1 indicates removal of escalators however FP drawings do not indicate work in that area. Please confirm.

Response 019: Fire protection scope shall include demolition of existing systems and installation of a new NFPA-13 compliant fire protection system where the escalators are removed.

RFI 020: Drawings indicate bathroom ceiling access by installing ceiling panels, who is responsible for cutting and installing panels? Please confirm.

Response 020: The general contractor shall provide access panels along with all associated cutting and patching.

RFI 021: Is the use of flexible sprinkler heads connection acceptable? Please confirm.

Response 021: No flexible sprinkler connections are permitted.

RFI 022: FP drawings indicate to demolish all existing sprinklers, branch lines and hangers. Please confirm that it is acceptable to have floors out of service with fire protection in preparation of new construction. Please confirm.

Response 022: On floors where the entire floor is under construction, the proposed approach in areas under construction is acceptable so long as fire extinguishers are provided and spaced per NFPA 10. Since the project will also require construction on portions of floors, provisions to maintain the continuity of life safety and fire protection systems to occupied areas during construction are required (areas under construction will require fire extinguishers spaced per NFPA 10).

RFI 023: Is this project for fire protection a relocate from existing to accommodate new ceilings and wall layout or is the plan to completely demolish system and replace.

Please confirm.

Response 023: The fire protection scope is to demolish and replace mains, branches, runouts, and sprinklers with new fire protection systems connected to existing stairwell risers. Valving at the stairwell risers is to remain.

RFI 024: What fire protection work will be required for temporary swing space?

Response 024: Swing space fire protection scope will include the relocation of sprinklers to accommodate new temporary swing space partitions. New sprinklers will be required in new small offices in the temporary swing space.

RFI 025: Clause IV.A.(1)(d)(ii)”Establishment of the Final ECW” requires a bilateral modification for the final ECW. Is our understanding correct that at the end of the

Preconstruction Phase neither party is obligated to proceed to negotiate a final ECW?”

Response 025: The government retains the right to negotiate the final ECW. The ECW must be finalized via a bilateral modification.

RFI 026: We've had several requests for a walkthrough from subcontractors. Can another one be scheduled?

Response 026: A second site visit/walkthrough will not be available.

RFI 027: References that 12% of work is to be self-performed. Can this be assumed for the Base Contract only? Options 001 and 002 would not require that 12% of the work be self-performed.

Response 027: The contractor must perform at least 12% of the work for the base and all options.

RFI 028: Pre-Proposal Conference minutes page 2 still list Option 003 as being required despite the deletion in other sections of the Addendum.

Response 028: The proposal conference was held before the decision was made to delete “Option 003”. Option 003 is no longer a requirement of the project and should not be included in the proposal.

RFI 029: "With the complexity of the project will the GSA entertain a request that the bid date be extended?

Response 029: As of amendment 0004, the proposal closing date is extended until

06/27/2016 at 12:00 PM EST.

RFI 030: Is bid bond only for Base Bid? Or is an individual Bid bond needed for Option

1 & Option 2?

Response 030: A bid bond is required at the time of bid submission. The bid bond must be valued at 20% of the total proposal (base and options).

RFI 031: What is the duration of the pre construction period and the design services that will be required by the CM.

Response 031: The base contract (Design Services) has a period of performance of

314 calendar days from the Notice to Proceed.

RFI 032: Page 5 of CMc201, Section II.C states that the Agreement (CMc101) shall be included in the Price Proposal, but the Agreement is not listed as being required as part of Section II.B. Please advise whether the Agreement (CMc101) shall be included with the Price Proposal.

Response 032: The "Agreement" does not need to be submitted with the price proposal. Please see page 5 section II.B for the items that are required to be submitted with the price proposal.

RFI 033: Liquidated Damages are defined as being applicable for each phase of the work. The contract pricing is based only on two phase, 1 & 2. The Core and Shell specifications (0011000-1.2A) break each phase down into sub-phases. Are LD's intended to be applied to each sub-phase or only if the total duration of that particular

Phase (1 or 2) is exceeded. Logically, we could accelerate later sub-phases to complete on time if an earlier sub-phase runs late.

Response 033: Liquidated Damages may be applied to each GMP option period

(Phase 1 and 2) - and not at the sub phase level.

RFI 034: Are there any as-built drawings available, if so please provide. If drawings are not available could the locations of supply risers with sizes be provided?

Response 034: There are no as-built drawings available. There are 6" standpipe risers in the stairwells.

RFI 035: RCP drawings indicates exposed deck and cloud or drop ceilings from deck, please confirm that gypsum ceiling soffits are installed tight to deck and are not hanging open clouds.

Response 035: Areas noted as ACT and Gypsum ceilings are typically located at 9ft

AFF with continuous gyp board and diffuser at perimeter condition (refer to detail

1/A5.40). Bottom of structure is +/- 10'-10" AFF.

RFI 036: Please confirm phasing for fire protection, is option 1 core & shell uprights only and option 2 is cost for fit-out as per 7th floor. Please clarify.

Response 036: The entire fire protection scope of work shall be in the shell and core scope. Provide a complete NFPA-13 layout throughout all renovated spaces.

RFI 037: Notes on A1.27a indicates demising walls on drawing A7.01, drawing not in package. Please review notes on drawing. Could use a more clear defined scope of work for fire protection.

Response 037: Sheet A7.01 was re-numbered to be sheet A6.21. Typical Core and

Shell demising wall dividing common and tenant space is located in upper right hand corner of sheet. Baseline price for walls should reflect Baseline Demising Wall diagram with upgrades noted in partition types being attributed to TI costs.

RFI 038: GSA Contract Article I.B.(3) states that GMP Option 001 (which is defined as

Phase 1 construction) and GMP Option 002 (Defined as Phase 2 construction), are to be completed in 730 days each from NTP. The core and shell specification 011000-

1.2.A (articles 1 thru 10) break down Phase 1 and 2 into smaller components with defined times from NTP as to when each sub-phase of work is to be substantially completed. As well as requiring that each sub-phase follows the completion of the preceding phase (so there is no overlap in phasing durations). Following this article, Phase 1 totals to 773 days and Phase 2 is 841 days. Please clarify which article applies and depending on the answer, modify the appropriate articles.

Response 038: This section has been revised. The period of performance for Phase 1 is 693 calendar days from NTP. The period of performance for Phase 2 is 1363 calendar days from NTP. The total project duration is 1835 calendar days from NTP.

Please note that portions of the phases will be conducted concurrently. Refer to "Scope of Work, Section II.B - Project Milestones" and "Specification Section 01 1000

SUMMARY" for details.

RFI 039: Assuming the above question is affirmed to be 773 days for Phase 1 and 814 days for Phase 2, Project Milestone date for Construction Phase 1 is listed as

December 2018. Based on a release date of January 1, 2017 and allowing the time in

Article 011000.1.2.A, the completion date would be12/18/19 not December 2018. We feel there is a typographical error. Please clarify (even if 730 days is the correct duration this does not end in the correct year). In addition Phase 2 (less closeout) would be completed in March 2022 vs the listed June 2021

Response 039: This information has been revised. Refer to "Scope of Work, Section

II.B - Project Milestones" and "Specification Section 01 1000 SUMMARY" for details.

GSA Contract No. GS-03P-16-AZ-C-7004

Document: CMc101 / OCT 2015 (The Agreement) Pages 1 of 64

Construction Manager as Constructor (CMc) Contract for Restack of William J. Green Federal Building The Agreement

Table of Contents

I. Project Information

A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Definitions B. Contractor Responsibilities C. Contractor Management and Personnel D. Project Schedule E. Extensions of Time F. Interpretation of Specifications and Drawings G. Submittals H. Substantial Completion and Contract Completion I. Use and Possession Prior to Substantial Completion J. Finality of Contract Modifications K. Liquidated Damages L. Insurance Requirements M. Performance and Payment Bonds N. Order of Precedence O. Administrative Matters P. Non-Compliance with Contract Requirements Q. Safeguarding Sensitive Data and Information Technology Resources

R. Apprenticeship Plans S. Equal Employment Opportunity Plan T. Additional Terms and Conditions

IV. Contract Clauses

A. Public Buildings Services Contract Clauses B. Clauses Incorporated in Full Text C. Clauses Incorporated by Reference D. Subcontract Requirements

(The Agreement) Pages 2 of 64

I. Project Information

I.A. Project Summary

This is a Construction Manager as Constructor (CMc) Contract, and includes requirements for the Design Phase Services and two “Guaranteed Maximum Priced” options for Construction Services.

The William J. Green Federal Building is a 10 story office building containing 507,669 usable square feet, 708,975 rentable square feet, and 841,280 gross square feet. It was designed in conjunction with the adjacent James A. Byrne Courthouse and was completed in 1974. The two building federal complex shares common mechanical systems and the first floor of each building is linked by a common circulation area and plaza. The main customer agencies are the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), and the Drug Enforcement Administration (DEA).

Piecemeal renovations over 40 years have resulted in a variety of challenges, including pockets of vacant space, non-contiguous tenant spaces, underutilized tenant spaces, inefficient joint use space, and poor environmental control among others

The renovation project will occur at the William J. Green Federal Building located at 600 Arch Street, Philadelphia, PA. This is a space consolidation project affecting multiple tenant customers in a fully occupied building with minimal swing space. GSA intends for the building to remain occupied for the duration of the construction project. This project will provide tenant interior improvements as well as select building shell system upgrades in order to accommodate a wide range of Government objectives:

Renovate multiple outdated offices into flexible and collaborative work spaces

Increase space efficiency and utilization throughout the building

Consolidate off-site leased space into the Federal Building

Improve building systems

The design is being completed by Erdy-McHenry Architecture. The Designer has developed a set of design documents that depict the Core & shell work with allowances for tenant improvements and physical security upgrades. This project will allow for involved agencies to more efficiently occupy their space through a variety of economical workspace solutions. It will incorporate sustainable design principles, efficient space planning, innovative technologies, and contemporary interior design to transform the building into a model workplace that is responsive to the existing building architecture.

The scope of the subject project includes a base and three (3) TWO (2) options:

Base: Design Services

Option 001: GMP for Construction Phase 1

Option 002: GMP for Construction Phase 2

Option 003: GMP for Sound Masking System

(The Agreement) Pages 3 of 64

I.B. The Contract

(1) The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Construction Documents, as that term is defined in this Agreement, shall be deemed incorporated into the Contract Documents upon acceptance of all deliverables described in the Design Phase Services Statement of Work, and shall supersede and replace all Specifications and Drawings contained in the Contract Documents at award of the Contract.

(3) In consideration for, and upon condition of, the Contractor's completion of the Design Phase Services, GSA shall pay the Contractor the firm-fixed-price for Design Phase Services, subject to the terms and conditions set forth in this Contract. If the GMP Option(s) is/are exercised, then the Contractor shall be required to complete the Construction Services Option. In consideration for completion of the Construction Services under the GMP Option, the Contractor shall be entitled to the allowable cost of performance not to exceed the GMP, subject to the terms and conditions set forth in this Contract.

(4) The construction work includes all construction work on the project, including the Work performed under the GMP Option, any firm-fixed-price options, or any Contract modifications for construction work. Any construction work performed under this Contract includes all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the construction work described in and reasonably inferable from the Contract Documents, whether temporary or permanent.

I.C. Period of Performance

(1) Design Phase Services

(a) Commencement of Design Phase Services. The Contractor shall commence performance of the Design Phase Services within 10 days after the Contractor receives the Notice to Proceed (NTP).

(b) Completion of Design Phase Services. Design Phase Services shall be complete upon acceptance of all deliverables required by the Design Phase Services Statement of Work.

(2) Construction Services (the Work)

(a) Commencement of the Work. If the Government exercises the GMP Option, the Contractor shall commence performance of the construction within 10 days after the Contractor receives the Notice to Proceed (NTP) for the Work.

(b) Substantial Completion. If the Government exercises the GMP Option 001, the Contractor shall achieve Substantial Completion of the Construction Phase Work, as that term is defined in this Agreement, no later than 730 693 calendar days from issuance of Notice to Proceed (NTP)) for the Work.

If the Government exercises the GMP Option 002, the Contractor shall achieve Substantial Completion of the Construction Phase Work, as that term is defined in this Agreement, no later

(The Agreement) Pages 4 of 64 than 730 1363 calendar days from issuance of Notice to Proceed (NTP)) for the Work. Please note, portions of Phase 2 will run concurrently with Phase 1.

If the Government exercises the GMP Option 003, the Contractor shall achieve substantial completion of the Construction Phase Work, as the term defined in this Agreement, concurrently with the above Options.

The total period of performance for the subject project is 1620 1679 calendar days (54 months) (56 months).

(3) Contract Completion.-Construction Services. If the Government exercises the GMP Options, the Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 90 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Refer to attached documents.

I.E. Authorized Representative

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract unless other warranted contracting officers are designated in writing:

Contracting Officer Name: Neil Gilligan Address: GSA - 100 S. Independence Mall West, Philadelphia, PA 19106 Telephone 215-446-2892 Email: neil.gilligan@gsa.gov

(2) GSAR 552.236-71, Authorities and Limitations, is incorporated by reference in this Contract.

I.F. Liquidated Damages Rate

In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $5,763.64 per calendar day.

I.G. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract:

(1) Statement of Work for Solicitation No. GS-03P-16-AZ-C-7004, Dated 05/10/2016

(2) Core and Shell Design Specifications for Solicitation No. GS-03P-16-AZ-C-7004, Dated 05/10/2016

(3) Core and Shell Design Drawings for Solicitation No. GS-03P-16-AZ-C-7004, Dated 05/10/2016

(The Agreement) Pages 5 of 64

(4) Davis Bacon Wage Determination PA160005 dated 05/06/2016

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs, including, but not limited to the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit, necessary to complete the Design Phase Services (Base Contract), and firm-fixed-price options for construction work, if any, in accordance with the Contract Documents. For pricing information regarding the GMP Options, see Paragraph IV.A., Construction Manager as Constructor (CMc) Guaranteed Maximum Price with CMc Contingency Allowance and Shared Savings.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor is presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the construction work is to be performed on a unit price basis (Unit Priced Work), the unit price established in the Contract shall include all costs of coordinating and incorporating the Unit Price Work into the construction work. The Contractor shall only be obligated to perform Unit Priced Work to the extent that an allowance has been established in an amount sufficient to compensate the Contractor for such Unit Priced Work at the established unit prices. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is sufficient only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

(4) Firm-fixed-price Options. If any portion of the construction work is to be performed upon the timely exercise of a firm-fixed-price option, the option price shall include all costs of coordinating and incorporating such work into the remaining construction work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the option price or prices set forth herein.

(5) Work Packages. The Contractor and the Government may agree to develop firm-fixed-price early work packages for construction work that stand alone from the remainder of the Work.

The Parties must agree bilaterally to the scope, schedule and pricing for any such work package, and Contract must be modified accordingly. If such work package reduces the scope of the Construction Services under the GMP Option, the Estimated Cost of the Work (ECW) shall be reduced, and the CMc Contingency Allowance (CCA), Fee and GMP shall be adjusted accordingly. These early work packages become definitive firm-fixed-price line items in the Contract, and they shall include specific completion milestones.

(The Agreement) Pages 6 of 64

(6) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

(7) Shared Savings. The Contractor shall be entitled to 40% of any Shared Savings, as it is defined in Paragraph IV.A., Construction Manager as Constructor (CMc) Guaranteed Maximum Price with CMc Contingency Allowance and Shared Savings.

(The Agreement) Pages 7 of 64

II.B. Contract Price Form

See Attached – SF1442

III. Terms and Conditions

III.A. Definitions

(1) "Design Phase" means the phase of the Project during which the design is developed and completed.

(2) "Design Phase Services" means design phase construction management services, constructability reviews and other related services as described in the Statement of Work.

(3) "Construction Documents" mean the 100% complete specifications and construction drawings developed during the Design Phase.

(4) "Work" means the Construction Services under the GMP Option(s).

III.B. Contractor Responsibilities

(1) During the Design Phase Services, it is the Contractor's responsibility to familiarize itself with all design information (e.g., draft specifications, drawings, etc.) provided for its review. The Contractor shall be responsible for satisfying itself that the Project as described in the design information is constructible using commercially practicable means and methods; that the construction work is described in the design documents with sufficient completeness to enable pricing of a complete Project within the GMP; and that the manner of presentation and organization of information in the design documents enables accurate estimation of the Cost of the Work. Prior to establishment of the final ECW, the Contractor shall bring to the Contracting Officer's attention all instances that it has discovered or has been made aware of where omission of design information affects the Contractor's ability to accurately estimate the Cost of the Work.

(2) The Contractor is responsible for performing the Design Phase Services in accordance with the Statement of Work, and the Contractor shall submit to the Contracting Officer all deliverables and reports in accordance with the Statement of Work.

(3) The Contracting Officer has sole discretion to accept or reject all or part of any proposal by the Contractor related to design.

(4) Within 30 days after award, the Contractor shall provide a schedule for the Design Phase Services in Gantt chart format indicating tasks and milestones for deliverables.

(5) Commencement, Prosecution, and Completion of Work

FAR 52-211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

(The Agreement) Pages 8 of 64

Upon exercise of the GMP Option or issuance of a modification commencing construction work, the Contractor shall not commence performance until the Contracting Officer has issued NTP for the Work. The Contractor shall diligently prosecute the construction work so as to achieve Substantial Completion within the time specified in Paragraph I.C. of the Agreement. If this Contract specifies different completion dates for different phases or portions of the construction work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

(6) For the purposes of FAR 52.236-1, Performance of Work by the Contractor, the Contractor shall perform at least 12 percent of the construction work. The Contractor shall furnish the Contracting Officer within 10 days after the award of the construction option, a letter outlining the items of work he will perform with his own forces

(7) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

(8) The Contractor shall be responsible for coordinating all activities of subcontractors. This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

(9) Where installation of separate construction work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected construction work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

(10) The Contractor must submit a project specific safety plan before commencing construction work.

(11) Where Drawings show construction work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to Specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

(12) It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the construction work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

(13) The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract

(The Agreement) Pages 9 of 64

(14) The Contractor shall be liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of services furnished under this Contract. Neither the Government’s review or acceptance of, nor payment for, the design services required under this Contact shall be construed as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract.

III.C. Contractor Management and Personnel

(1) The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the entire life of the Contract, including the GMP Option.

(2) FAR 52.236-6, Superintendence by the Contractor, is supplemented as follows:

(a) The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the construction work.

(b) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the construction work. The Government reserves the right, at no additional cost to the Government, to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

(c) Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the Termination for Default clause.

III.D. Project Schedules

(1) The Contractor shall develop a Design Phase Project Schedule to plan, coordinate, and perform the services during the design phase. This schedule shall be produced using widely used, commercially available computer software such as Microsoft Project,®. The schedule will be coordinated with the Architect's schedule of design submissions and show milestones for completion of Design Reviews and cost reconciliation. It will also include a milestone for establishing the ECW for the construction option.

(2) The Contractor shall use a Critical Path Method ("CPM") Construction Project Schedule to plan, coordinate, and perform the Work under the GMP Option. The Construction Project Schedule shall be produced using widely used, commercially available computer software that is capable of generating and monitoring a CPM schedule and is compatible with Meridian Proliance.® For example, compatible software includes Microsoft Project,® Primavera SureTrak,® and Primavera Project Planner.®

(3) The Construction Project Schedule, (hereinafter, the Project Schedule) shall be a rational, reasonable and realistic plan for completing the Construction Phase and shall conform to requirements specified in this clause and elsewhere in this Contract.

(4) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements.

(The Agreement) Pages 10 of 64

(5) The Project Schedule shall depict all activities necessary to complete the Construction Phase, including, as applicable, all submittal and submittal review activities, all procurement activities, and all field activities, including mobilization, construction, start-up, testing, balancing, commissioning, and punchlist. Activities shall be sufficiently detailed and limited in duration to enable proper planning and coordination of the Work, effective evaluation of the reasonableness and realism of the Project Schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

(6) Within 30 days after establishing the final ECW, the Contractor shall submit its Project Schedule to the Contracting Officer, together with a written narrative describing the major work activities, activities on the critical path, and major constraints underlying the sequence and logic of the Project Schedule. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(7) The Contractor should anticipate that the Project Schedule will be subject to review and revision and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer.

The Contractor understands and acknowledges that the purpose of the review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during Contract performance.

(8) Activity durations shall be based upon reasonable and realistic allocation of the resources required to complete each activity, given physical and logistical constraints on the performance of the Work. All logic shall validly reflect physical or logistical constraints on relationships between activities. Except for the first and last activities in the Project Schedule, each activity shall have at least one predecessor and one successor relationship to form a logically connected network plan from NTP to the Contract Completion date.

(9) The Project Schedule shall incorporate milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work.

(10) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule monthly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer within five working days of the end of each month or other specified period.

(11) If the Contractor revises the Project Schedule after the commencement of Work, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected Substantial Completion date and the available float for all activities. The Contractor shall only revise prospective activities, durations and logic, but addition of detail to prospective activities shall not be deemed a revision if the overall duration of the detailed activity does not change.

(12) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, (The Agreement) Pages 11 of 64 reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract.

(13) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(14) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time and determine the criticality or float of any activities described in such Project Schedule.

III.E. Extensions of Time

FAR 52.211-13, Time Extensions, is supplemented as follows:

(1) If the Contractor requests an extension of the time for Substantial Completion, the Contractor shall base its request on analysis of time impact using the Project Schedule as its baseline, and shall propose as a new Substantial Completion date to account for the impact.

The Contractor shall submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

(2) The Contractor shall only be entitled to an extension of time to the extent that (a) Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract, and (b) the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

(3) The Contractor shall not be entitled to an extension of time if the Contractor has not updated the Project Schedule in accordance with this Contract.

(4) The Government shall not be liable for any costs to mitigate time impacts incurred by the Contractor that occur less than 30 calendar days after the date the Contractor submits a request for extension of time in compliance with this clause.

III.F. Interpretation of Specifications and Drawings

FAR 52.236-21, Specifications and Drawings for Construction, and GSAR 552.236-77, Specifications and Drawings are supplemented as follows:

(1) For the purposes of FAR 52.236-21, GSAR 552.236-77 and this section (“Interpretation of Specifications and Drawings”), specifications and drawings refer only to the Construction Documents.

(2) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

(3) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

III.G. Submittals

(The Agreement) Pages 12 of 64

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-78, Shop Drawings, Coordination Drawings, and Schedules, and GSAR 552.236-79, Samples are supplemented as follows:

(1) During performance of the construction work, the Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the work, the Contractor shall prepare submittals for such work as directed by the Contracting Officer.

(2) The Contractor shall not proceed with construction work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. Any work or activity undertaken prior to approval shall be at the Contractor’s risk;

should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of construction work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

(3) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule; provided, that the Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) business days.

(4) Sustainable Purchasing Submittals.

To simplify compliance with the Federal sustainable purchasing requirements set forth in FAR Parts 11 and 23, PBS has identified those products (“Key Sustainable Products” or “KSPs”) that are used most frequently in its contracts and developed sustainability standards for those products that meet all Federal requirements. The Contractor must show compliance with the KSP standards, where KSPs are furnished by the Contractor in performance of the work.

Where KSPs are provided by the Contractor, the Contractor must submit specific documentation of compliance with all applicable sustainable attributes. Acceptable documentation includes manufacturer specification sheets; technical data sheets;

product data sheets; environmental product declarations; manufacturer submittal sheets; and manufacturer letters. Key Sustainable Products listed in the Green Procurement Compilation at https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 have been pre-certified; for these products, correctly-dated screenshots showing each applicable product on the list are sufficient.

The Contractor must submit compliance documentation to the Contracting Officer at the time designated in this Contract for submittals generally. If no other submittals are required as part of this Contract, the Contractor shall submit proof of KSP compliance at https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 https://sftool.gov/green-products/1037/key-sustainable-products?agency=9 https://sftool.gov/green-products/1037/key-sustainable-products?agency=9

(The Agreement) Pages 13 of 64 least 10 business days before the start of work. The Contractor shall send KSP submittals electronically where possible and the words “KSP product submittal” included in filenames.

The Key Sustainable Products and associated standards are listed in the table below.

PBS Key Sustainable Products and Standards

Construction Materials

Product Sustainability Standard

Nylon carpet NSF 140 Gold certification and

≥ 10% post-consumer recovered content

Interior latex paint ≤ 50 grams per liter (g/L) VOCs post-tint (i.e. SCAQMD

Rule 1113 standard)

Gypsum board Greenguard Gold certification

Acoustical ceiling tiles Meets the California Section 01350 standard for low- VOC materials and

Total recycled content ≥ 20% and

Recyclable in a closed loop process and

USDA Certified BioPreferred and

Environmental Product Declaration (EPD) available

Concrete (ready-mix and site-mix)

≥ 15% fly ash or

≥ 25% ground granulated blast-furnace (GGBF) slag

Compliance with the KSP standards does not relieve the Contractor from compliance with any other sustainability requirement of this Contract.

(The Agreement) Pages 14 of 64

III.H. Substantial Completion and Contract Completion

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, FAR 52.211-12, Liquidated Damages (Construction), and GSAR 552.246-72, Final Inspection and Tests, are supplemented as follows:

(1) For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and FAR 52.211-12, Liquidated Damages (Construction) the "Work" is the Work under the GMP Option. The Work shall be deemed complete when it is “Substantially Complete.” For phased construction, each phase is subject to a separate Substantial Completion date, as established in this Contract. The Work shall be deemed "Substantially Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by GSA, where such acceptance is required under the Contract.

(2) With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written proposal recommending a Substantial Completion date (Notice of Substantial Completion). The Contracting Officer shall conduct inspections and make a determination of Substantial Completion within a reasonable time. If the Contracting Officer takes exception to the Notice of Substantial Completion, the Contractor shall be entitled to a written notice of conditions precluding determination of Substantial Completion.

(3) The Contractor shall only be entitled to an extension of time to address such conditions if, and to the extent that, the Contracting Officer provides notice of such conditions more than thirty

(30) calendar days after receipt of the Notice of Substantial Completion.

(4) Substantial Completion shall be established by the Contracting Officer's issuance of a written determination specifying the date upon which the Work is Substantially Complete.

(5) The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment.

(6) The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.I. Use and Possession Prior to Substantial Completion

FAR 52.236-11, Use and Possession Prior to Completion, is supplemented as follows:

Exercise by the Government of the right conferred by FAR 52.236-11 shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

(The Agreement) Pages 15 of 64

III.J. Finality of Contract Modifications

It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing for such an adjustment, adjustments to the ECW or GMP or period of performance agreed upon therein shall be deemed to provide all adjustment to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to adjustment on account of the change or other condition giving rise to the modification.

III.K. Liquidated Damages

FAR 52.211-12, Liquidated Damages, is supplemented as follows:

(1) The Contractor acknowledges that time is of the essence for the performance of the Work, and…