RFP GS05P11SVC0035.pdf

QGSAR 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (JUNE 2005) The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $650,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

REQUEST FOR PROPOSAL

(RFP)

U.S. General Services Administration

Property Management Service Center

230 S. Dearborn St., Ste. 3800

Chicago, Illinois 60604

THIS COMMERCIAL ITEM

PROCUREMENT IS A TOTAL SMALL

BUSINESS SET-ASIDE FOR

NAICS CODE 238140

GREAT LAKES REGION

PROJECT:

SOLICITATION NO.

LOCATION:

ROOF REPLACEMENT & MASONRY RESTORATION

(PHASE 5)

GS-05P-11-SV-C-0035

HART-DOLE-INOUYE U.S. FEDERAL CENTER

74 WASHINGTON AVENUE

BATTLE CREEK, MI

PROPOSAL DUE TO: GENERAL SERVICES ADMINISTRATION

PMSC - Procurement Branch 230 S. Dearborn Street, Ste. 3800 Chicago, IL 60604

ATTN: KATHERN M. WILLIAMS, Contract Specialist

THURSDAY – SEPTEMBER 15, 2011

12:00 P.M. (Central Standard Time)

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING,

DISEMMINATION, OR DISTRIBUTION OF THESE SPECIFICATIONS TO

UNAUTHORIZED PERSONS IS PROHIBITED

Do Not Remove This Notice

Properly Destroy Documents When No Longer Needed

GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA

ATTENTION OFFERORS: This notice has been prepared to point out some of the important sections or requirements of this solicitation or to provide you with additional information related to this proposed contract.

Please note that it is not inclusive - you are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions, and clauses.

Who Can Participate In This Procurement This procurement is open to all SMALL business concerns under NAICS Code 238140, Masonry Contractors.

Site visits can be scheduled via the Property Manager, David Kamrowski. His contact information can be found in Volume III, Section I.G.2. The visit must be scheduled well in advance; walk-ins without prior scheduling will be turned away. Site visits must be conducted during 9/6/11 through 9/9/11. David cannot answer questions;

however questions may be submitted in writing to the Contract Specialist, Kathern M. Williams. All questions will be addressed and all answers disseminated to interested parties. Accordingly, offerors are urged and expected to inspect the site where the work will be performed. Information on scheduling a site visit can be found in Volume III of the solicitation.

Bonds & Insurance Requirements YES NO Bid Bond (Provisions – FAR 52.228-1) YES NO Performance/Payment Bonds (Clauses –

FAR 522.228-1

YES NO Insurance (Clauses – FAR 52.228-5)

Performance Time & Liquidated Damages The performance period for this project has been set at 365 calendar days. The liquidated damages rate for each day beyond the performance period is $336.08 per calendar days.

Determination of Responsibility The information provided on GSA Form 527 and a Business Information Report conducted by Dun & Bradstreet will be used to determine financial responsibility.

Security Regulations All contract employees working on-site will be required to have a Government security clearance prior to starting work. All employees will be required to submit a GSA Form 85P, Questionnaire for Public Trust Positions, GSA Form 258, Fingerprint Charts and other applicable security documents. The contractor is solely responsible for any costs associated with the processing of security documents.

How do I View the Solicitation?

The solicitation was created in portable document format (PDF). You will need the Adobe Acrobat Reader to view and print the solicitation. The Reader is available at www.adobe.com/.

How do I view the Drawings?

The drawings associated with this solicitation have been provided in portable document format (PDF).

What Forms do I Submit?

Document Original

1. SF 1449 2 (See note)

2. Past Performance Reference Form (for 3 – 5 Projects) Attachment A

1 for each

3. Representations and Certifications (If Applicable)

Submit additional info as attachment (if applicable

4. GSA Form 527 1

5. SF 24 – Bid Bond 1

NOTE: 1. Original signature on all copies of SF1449

When Is My Offer Due?

Unless changed by amendment, proposals are due by the date and time specified in Block 8 of the Standard Form 1449, Solicitation/Contract/Order for Commercial Items.

Date: September 15, 2011 Time: 12:00 pm (CST).

Where Do I Submit My Offer?

Offers must be submitted to: U.S. General Services Administration, Attn: Kathern M. Williams, 230 S.

Dearborn Street, 38th Floor, Chicago, IL 60604.

Representation & Certification Requirements As prescribed in FAR 4.1202, beginning January 1, 2005, the use of the Online Representations & Certifications Application (ORCA) as a part of the proposal submission is required. Offerors must visit and comply with the requirement at website:

http://orca.bpn.gov.

Note: The Terms proposal, offer and quote are interchangeable and are each considered a firm offer.

GSAR 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (JUNE 2005) The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $650,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

REQUEST FOR PROPOSAL

(RFP)

U.S. General Services Administration Property Management Service Center

230 S. Dearborn St., Ste. 3800

Chicago, Illinois 60604

THIS COMMERCIAL ITEM

PROCUREMENT IS A TOTAL SMALL

BUSINESS SET-ASIDE FOR

NAICS CODE 238140

GREAT LAKES REGION

PROJECT:

SOLICITATION NO.

LOCATION:

ROOF REPLACEMENT & MASONRY RESTORATION

(PHASE 5)

GS-05P-11-SV-C-0035

Volume I of III – The Agreement

HART-DOLE-INOUYE U.S. FEDERAL CENTER

74 WASHINGTON AVENUE

BATTLE CREEK, MI

PROPOSAL DUE TO: GENERAL SERVICES ADMINISTRATION

PMSC - Procurement Branch 230 S. Dearborn Street, Ste. 3800 Chicago, IL 60604

ATTN: KATHERN M. WILLIAMS, Contract Specialist

THURSDAY – SEPTEMBER 15, 2011

12:00 P.M. (Central Standard Time)

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING,

DISEMMINATION, OR DISTRIBUTION OF THESE SPECIFICATIONS TO

UNAUTHORIZED PERSONS IS PROHIBITED

Do Not Remove This Notice

Properly Destroy Documents When No Longer Needed

Roof Replacement & Masonry Restoration RFP# GS05P11SVC0035 Hart-Dole-Inouye Federal Center RMI 00215 Battle Creek, MI Page 1

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TABLE OF CONTENTS

VOLUME I – THE AGREEMENT

I. Project Information A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Contract 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. General Terms and Conditions B. Commercial Item Contract Clauses C. General Wage Decision D. Davis Bacon Note

VOLUME II – TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

01 11 13 SUMMARY OF WORK

01 31 00 PROJECT COORDINATION

01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION

01 33 00 SUBMITTALS

01 35 26 SAFETY AND HEALTH

01 35 43 HAZARDOUS SUBSTANCES

01 35 53 SECURITY REGULATIONS

01 35 91 HISTORIC TREATMENT PROCEDURES

01 42 16 DEFINITIONS AND STANDARDS

01 50 00 TEMPORARY FACILITIES

01 51 16 FIRE PREVENTION

01 60 00 PRODUCTS

01 70 00 PROJECT CLOSEOUT

01 73 29 CUTTING AND PATCHING

01 74 19 CONSTRUCTION WASTE MANAGEMENT

DIVISION 2 - EXISTING CONDITIONS

02 40 00 DEMOLITION

02 83 00 LEAD BASED PAINT MITIGATION

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DIVISION 3 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 4 - MASONRY

04 01 20 MAINTENANCE OF UNIT MASONRY

04 43 00 LIMESTONE MASONRY

04 46 01 DUTCHMAN REPAIR OF LIMESTONE

DIVISION 5 - METALS

05 52 00 METAL RAILINGS

DIVISION 7 - MOISTURE PROTECTION

07 11 13 BITUMINOUS DAMPPROOFING

07 53 23 EPDM ROOFING

07 62 00 SHEET METAL FLASHING AND TRIM

07 92 00 JOINT SEALANTS

DIVISION 8 - OPENINGS

08 11 00 METAL DOORS AND FRAMES

DIVISION 9 – FINISHES

09 24 23 PORTLAND CEMENT STUCCO

09 24 43 LIME CEMENT PLASTER

09 91 00 PAINTING

09 97 26 BREATHABLE SILICATE COATINGS

DIVISION 26 – ELECRICAL

26 05 19 LOW VOLTAGE ELEC. POWER CONDUCTORS

DIVISION 31 – EARTHWORK

31 23 00 EARTHWORK

APPENDICES

HISTORIC MORTAR ANALYSIS (SME, 10/19/2010)

ASBESTOS AND LEAD SAMPLING (NTH, 10/29/2009)

SPECIFICATION DRAWINGS

ARCHITECTURAL

G 0 01 thru G 0 03 A 1 01 thru A 1 07 A 2 01 thru A 2 09 A 3 01 A 5 01 thru A 5 05 A 9 01 thru A 9 02

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VOLUME III – THE SOLICITATION

I. General Information A. The Solicitation and the Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit - Construction H. Receipt of Offers

II. Proposals A. Contents of Proposal B. Price Proposal C. Technical Proposal D. Other Information to be Submitted with Proposal E. Requirements for Joint Venture Offerors

III. Solicitation Provisions A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions A. Buy American Act B. Buy American Exceptions C. American Recovery and Reinvestment Act of 2009 D. Additional Provisions

V. Method of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offerors

VI. Attachments A. Offeror Representations and Certifications B. Attachment A – Reference Check C. Standard Form 1449 – Solicitation/Contract/Order for Commercial Item D. GSA Form 527 – Contractor’s Qualifications & Financial Information E. Standard Form 24 – Bid Bond

End of Table of Contents

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Construction Solicitation for

Roof Replacement and Masonry Restoration (Phase 5)

GSA Solicitation No. GS-05-P-11-SV-C-0035

The Agreement

C101 7/11

I Project Information

I.A Project Summary

The intent of the project is to replace Building 1 walkway; renovate Building 5, Building 20, Building 31 with surrounding courtyard; and replace Exits 2A, 7 and 8 as described below:

Building 1 Walkway:

1. Replace the front concrete walkway from the street corner to the main entrance including some concrete under the colonnade and the three sets of stairs.

2. Remove and reset the stones which act as retaining walls on either side of the walkway.

3. Replace, repair or patch stones as indicated on the documents.

4. Provide code compliant railings as indicated on the documents.

5. Remove and replace sections of the concrete retaining wall at the public sidewalk.

6. Replace any landscaping damaged during construction.

7. Replace/repair any irrigation removed or damaged during the construction.

Building 5:

1. Replace the existing built-up roof with a single-ply, fully adhered black membrane roofing.

Install tapered insulation.

2. Demolish the existing make-up air units on the roof.

3. Demolish the abandoned chimney and repair the roof.

4. Repair the generator cooling tower.

5. Tuckpoint masonry joints as indicated on the drawings.

6. Repair and paint the concrete on the building.

7. Replace brick as indicated on the documents.

8. Clean the exterior surface of the building.

9. Seal the existing windows.

Building 20, Building 31 and Courtyard:

1. Replace the existing roof with a single-ply, fully adhered black membrane roofing. Install tapered insulation.

2. Replace the door.

3. Repair the stucco finish of the exterior of the building.

4. Seal the existing windows.

5. Repair the Courtyard walls.

6. Replace the stair and handrail.

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Exits 2A, 7 and 8:

1. Replace the existing concrete ramps.

2. Repair concrete slabs and stairs.

3. Replace handrails.

I.B The Contract

I.B.1 The Contract consists of the Standard Form 1449, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, 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.

I.B.2 The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C Period of Performance

I.C.1 Commencement. The Contractor shall commence performance of the Work within one (1) day after the Contractor receives the Notice to Proceed (NTP).

I.C.2 Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 365 calendar days from issuance of Notice to Proceed

(NTP).

I.C.3 Contract Completion. 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

See Volume II – Technical Specifications, Division 1 – General Requirement, Subsection 011113 – Summary of Work, Part 1.3 – Contractor Use of Premises.

I.E Authorized Representatives

I.E.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 individuals are designated as the authorized GSA representatives under this Contract:

(a) Contract Specialist

Name: Kathern M. Williams Address: 230 S. Dearborn St., Ste. 3800, Chicago, IL 60604 Telephone: 312-886-1060 Email: kathern.williams@gsa.gov

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(b) Contracting Officer

Name: Latisha V. Lamon Address: 230 S. Dearborn St., Ste. 3800, Chicago, IL 60604 Telephone: 312-886-7874 Email: latishav.lamon@gsa.gov

(c) Contracting Officer's Representative

Name: Steven Yamasaki Address: 230 S. Dearborn St., Ste. 3800, Chicago, IL 60604 Telephone: 312-353-1256 Email: steven.yamasaki@gsa.gov

I.E.2 GSAR 552.236-71, Authorities and Limitations (APR 84), is incorporated by reference in this Contract.

I.F Contract Liquidated Damages Rate

In accordance with Paragraph III.A.11, liquidated damages shall be calculated at the rate of $336.04 per calendar day.

I.G Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Clause at Paragraph III.B.2(c), the following construction materials and components are excepted:

NONE

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

See Volume II – Technical Specifications

1. Specifications for Solicitation No. GS-05-P-11-SV-C-0035

2. Construction Drawings for Solicitation No. GS-05-P-SV-C-0035

II Prices

II.A Basis of Pricing

II.A.1 Contract Prices

All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

II.A.2 Knowledge of Conditions Affecting Price

FAR 52.236-3, Site Investigations and Conditions Affecting the Work (APR 84), is incorporated by

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reference in this Contract. The Contractor shall be 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.

II.A.3 Unit Prices and Allowances

If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract 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 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.

II.A.4 Options

If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract 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. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

II.A.5 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.

II.B Contract Price Form

See Volume III – The Solicitation, for Standard Form 1449 (SF1449)

III Terms and Conditions

III.A General Terms and Conditions

III.A.1 Commencement, Prosecution, and Completion of Work

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion, as defined in III.A.11(a), of the Work within the time specified in Paragraph I.C of the Agreement. If the Contract specifies different completion dates for different phases or portions of the 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.

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III.A.2 Contractor Responsibilities

III.A.2(a) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

III.A.2(b) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents provide the performance and design criteria that such services will be required to satisfy. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Contract.

III.A.2(c) 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.

III.A.2(d) Where installation of separate 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 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.

III.A.2(e) Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such 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.

III.A.2(f) 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 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.

III.A.2(g) 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.

III.A.2(h) The Contractor must submit a safety plan before commencing work.

III.A.2(i) 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 Work prior to notifying

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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.

III.A.2(j) The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property.

However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

III.A.3 Contractor Management and Personnel

FAR 52.236-6, Superintendence by the Contractor (APR 84), is supplemented as follows:

III.A.3(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 Work. 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 life of the Contract.

III.A.3(b) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right 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.

III.A.3(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.A.4 Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition. Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.A.5 CPM Project Schedule

III.A.5(a) The Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work. The 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.®

III.A.5(b) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.

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III.A.5(c) 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.

III.A.5(d) The Project Schedule shall depict all activities necessary to complete the Work, 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.

III.A.5(e) Within five (5) days of NTP, or such other time as may be specified herein, 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.

III.A.5(f) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph III.A.4(k), and the Contractor shall devote sufficient resources for meetings, revisions, and resubmissions of the Project Schedule to address exceptions taken by the Contracting Officer to the initial submittal. The Contractor understands and acknowledges that the purpose of the initial review and resolution of exceptions is to maximize the usefulness of the Project Schedule for the Parties during Contract performance.

III.A.5(g) 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.

III.A.5(h) 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.

III.A.5(i) 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.

III.A.5(j) If the Contractor revises the Project Schedule after initial submission, 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.

III.A.5(k) 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

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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, reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract.

III.A.5(l) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) 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.

III.A.5(m) 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.A.6 Extensions of Time

III.A.6(a) 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 the new Substantial Completion date projected by the Project Schedule as revised to account for the impact. The Contractor's request must be submitted to the Contracting Officer in writing, and set forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

III.A.6(b) The Contractor shall only be entitled to an extension of time to the extent that Substantial Completion of the Work is delayed by causes for which the Contractor is not responsible under this Contract and to the extent that the actual or projected Substantial Completion date is later than the date required by this Contract for Substantial Completion.

III.A.6(c) 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.

III.A.6(d) 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 complying with this clause.

III.A.7 Interpretation of Specifications and Drawings

III.A.7(a) The specifications and drawings shall be interpreted to complement each other. Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

III.A.7(b) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

III.A.7(c) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.

III.A.7(d) In case of inconsistent requirements within the drawings, the following order of precedence

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shall apply:

III.A.7(d)(i) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

III.A.7(d)(ii) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

III.A.7(e) 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.A.7(f) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.

III.A.8 Submittals

III.A.8(a) 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.

III.A.8(b) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors.

The Contractor shall indicate its approval on all submittals as evidence of such review and coordination.

Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.

III.A.8(c) The Contractor shall not proceed with 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 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.

III.A.8(d) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with Paragraph III.A.8(e).

III.A.8(e) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests

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approval of the variation at the time of submission and the Contracting Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.

III.A.8(f) 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. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working days.

III.A.9 Government’s Right to Stop Work for Non-Compliance

If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause. Possession of this right by the Contracting Officer shall not relieve the Contractor of its obligation to comply with the Contract, regardless of whether this right is exercised.

III.A.10 Other Contracts

The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.

III.A.11 Substantial Completion and Contract Completion

III.A.11(a) 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 the Authority Having Jurisdiction, where such acceptance is required under the Contract.

III.A.11(b) At the appropriate time, the Contractor shall submit to the Contracting Officer a written notice specifying a proposed 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.

III.A.11(c) The Contractor shall 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 from receipt of the Notice of Substantial Completion.

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III.A.11(d) 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.

III.A.11(e) The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies, and complied with all conditions for final payment.

III.A.11(f) Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion.

III.A.11(g) 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.A.12 Use and Possession Prior to Substantial Completion

Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion. Exercise of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.A.13 Finality of Contract Modifications

As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. 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 such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.A.14 Liquidated Damages

III.A.14(a) The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work within the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Paragraph I.G for each calendar day following the required completion date that the Work is not Substantially Complete.

III.A.14(b) If the Government terminates the Contract for cause, the Contractor shall be liable for liquidated damages at the specified rate for each calendar day following the required completion date that the Work is not Substantially Complete, notwithstanding the fact that the Work may be completed by another entity. Entitlement to liquidated damages under such circumstances shall not limit any other remedy to which the Government is entitled for termination.

III.A.14(c) If the Contract requires different completion dates for different phases or portions of the

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Work, the Contractor shall be liable for liquidated damages at the specified rate for each calendar day following the required completion date that the phase or portion of Work is not Substantially Complete.

If a single rate is specified, the specified rate shall be apportioned between the different phases or portions of the Work.

III.A.14(d) If the Government elects to accept any portion of the Work not specifically designated as a phase or portion of Work with its own required completion date, the liquidated damage rate shall be apportioned between accepted work and uncompleted work, and the Contractor's liability for liquidated damages shall be computed accordingly.

III.A.15 Insurance Requirements

III.A.15(a) The Contractor shall obtain, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation (JAN 97).

III.A.15(a)(i) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $100,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

III.A.15(a)(ii) Broad form comprehensive commercial general liability insurance in the amount of at least $500,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

III.A.15(a)(iii) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $200,000 per person and $500,000 per occurrence for bodily injury and $50,000 per occurrence for property damage.

III.A.15(b) The Contractor shall provide to the Contracting Officer proof that it is has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.A16 Administrative Matters

III.A.16(a) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

III.A.16(b) Schedule of Values. The Contractor shall prepare and submit for approval a detailed cost breakdown of the Contract price, to be referred to as the Schedule of Values, assigning values to each component of the Work. Values must include all direct and indirect costs, although a separate value for bond costs may be established. The Schedule of Values must contain sufficient detail to enable the Contracting Officer to evaluate applications for payment. If this Contract requires that the Project Schedule be cost loaded, the Schedule of Values will be derived from the Project Schedule.

III.A.16(c) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented as follows:

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