RFP_Vol_I.pdf

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RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALL

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U.S. GENERAL SERVICES

ADMINISTRATION

PBS, Great Lakes Region

AMD, Chicagoland & Customer Projects Contracting Branch

230 S. Dearborn Street, Ste. 3300 Chicago, IL 60604

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PPRROOJJEECCTT:: NOAA Office Relocation, 13th Floor Carl B. Stokes FB & USCH 801 West Superior Ave., Ste. 700 Cleveland, OH 44113

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GS-05P-16-FB-C-7003

Volume I of III – The Agreement

IISSSSUUEE DDAATTEE:: March 15, 2016

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April 15, 2016 4:00 PM (Central Time)

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U.S. General Services Administration Public Buildings Service

ATTN: KATHERN M. WILLIAMS

230 S. Dearborn Street, Ste. 3300 Chicago, IL 60604

GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA 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.

Construction Contract for the NOAA Office Relocation, 13th Floor

VOLUME I – 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 Representative 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. Commencement, Prosecution, and Completion of Work 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. Order of Precedence N. Administrative Matters O. Non-Compliance with Contract Requirements P. Safeguarding Sensitive Data and Information Technology Resources Q. Options and Allowances R. Additional Terms and Conditions

IV. Contract Clauses

A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference C. Subcontract Requirements

VOLUME II – TECHNICAL SPECIFICATIONS

DIVISION 0 - SPECIAL SECTIONS

00 01 10 Table of Contents 00 01 15 List of Drawings

DIVISION 1 - GENERAL REQUIREMENTS

01 10 00 Summary 01 14 00 Work Restrictions 01 21 00 Allowances 01 25 00 Substitution Procedures 01 29 00 Payment Procedures 01 30 00 Electronic Project Management (ePM) System 01 31 00 Project Management and Coordination 01 31 20 Critical Path Method Scheduling 01 32 00 Construction Progress Documentation 01 33 00 Submittal Procedures 01 35 25 Fire Prevention & Protection 01 35 53 Security Regulations 01 40 00 Quality Assurance & Control Requirements 01 42 00 References 01 50 00 Temporary Facilities and Controls 01 59 50 Safety and Health 01 60 00 Product Requirements 01 70 00 Execution Requirements 01 73 10 Cutting and Patching 01 73 20 Selective Demolition 01 73 50 Fire Prevention Precautions for Hot Work 01 74 10 Construction Indoor Air Quality (IAQ) Management 01 74 19 Construction Nonhazardous Waste Management & Disposal 01 77 00 Closeout Procedures 01 78 10 Project Record Documents 01 78 22 Operation and Maintenance Documentation 01 81 11 Sustainable Design Requirements 01 82 00 Demonstration and Training

DIVISION 2 – EXISTING CONDITIONS

Not used

DIVISION 3 – CONCRETE

Not used

DIVISION 4 – MASONRY

Not used

DIVISION 5 – METALS

05 12 00 Structural Steel Framing 05 50 00 Equipment Support Systems

DIVISION 6 - WOOD, PLASTICS AND COMPOSITES

06 10 00 Rough Carpentry

06 40 23 Interior Architectural Woodwork

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

07 53 23 Ethylene-Propylene-Diene-Monomer (EPDM) Roofing 07 81 00 Sprayed Fire-Resistant Materials 07 84 13 Penetration Firestopping 07 84 46 Fire-Resistive Joint Systems 07 92 00 Joint Sealants

DIVISION 8 - OPENINGS

08 11 13 Hollow Metal Doors and Frames 08 12 16 Aluminum Frames 08 14 16 Flush Wood Doors 08 31 13 Access Doors and Frames 08 71 00 Door Hardware 08 80 00 Glazing

DIVISION 9 – FINISHES

09 21 16 Gypsum Board Assemblies 09 31 00 Porcelain Tile 09 51 13 Acoustical Panel Ceilings 09 54 26 Linear Wood Ceilings 09 65 13 Resilient Base and Accessories 09 65 19 Resilient Tile Flooring 09 68 13 Tile Carpeting 09 69 33 Access Flooring 09 72 00 Adhesive Wall Graphics 09 91 00 Painting

DIVISION 10 – SPECIALTIES

10 28 00 Toilet Accessories 10 44 13 Fire Extinguisher Cabinets 10 44 16 Fire Extinguishers 10 51 13 Metal Lockers 10 51 16 Wood lockers

DIVISION 11 – EQUIPMENT

11 52 13 Projection Screens

DIVISION 12 – FURNISHINGS

Not used

DIVISION 13 - SPECIAL CONSTRUCTION

Not used

DIVISION 14– CONVEYING EQUIPMENT

Not used

DIVISION 21- FIRE SUPPRESSION

21 05 17 Sleeves and Sleeve Seals for Fire-Suppression Piping 21 05 18 Escutcheons for Fire-Suppression Piping

21 05 23 General-Duty Valves for Water-Based Fire-Suppression Piping 21 05 48 Vibration and Seismic Controls for Fire-Suppression Piping and Equipment 21 05 48.13 Vibration Controls for Fire-Suppression Piping and Equipment 21 05 53 Identification for Fire-Suppression Piping and Equipment 21 13 17 Sprinkler System Modifications

DIVISION 22 – PLUMBING

22 05 16 Expansion Fittings and Loops for Plumbing Piping 7 22 05 17 Sleeves and Sleeve Seals for Plumbing Piping 22 05 18 Escutcheons for Plumbing Piping 22 05 23.12 Ball Valves for Plumbing Piping 22 05 23.14 Check Valves for Plumbing Piping 22 05 29 Hangers and Supports for Plumbing Piping and Equipment 22 05 48.13 Vibration Controls for Plumbing Piping and Equipment 22 05 53 Identification for Plumbing Piping and Equipment 22 07 19 Plumbing Piping Insulation 22 11 16 Domestic Water Piping 22 11 19 Domestic Water Piping Specialties 22 13 16 Sanitary Waste and Vent Piping 22 13 19 Sanitary Waste Piping Specialties 22 14 13 Facility Storm Drainage Piping 22 14 23 Storm Drainage Piping Specialties 22 42 16 Commercial Sinks

DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING

23 01 30.51 HVAC Air-Distribution System Cleaning 23 05 13 Common Motor Requirements for HVAC Equipment 23 05 16 Expansion Fittings and Loops for HVAC Piping 23 05 17 Sleeves and Sleeve Seals for HVAC Piping 23 05 18 Escutcheons for HVAC piping 23 05 19 Meters and Gages for HVAC Piping 23 05 23.11 Globe Valves for HVAC Piping 23 05 23.12 Ball Valves for HVAC Piping 23 05 23.13 Butterfly Valves for HVAC Piping 23 05 23.14 Check Valves for HVAC Piping 23 05 29 Hangers and Supports for HVAC Piping and Equipment 23 05 48.13 Vibration Controls for HVAC 23 05 53 Identification for HVAC Piping and Equipment 23 05 93 Testing, Adjusting, and Balancing for HVAC 23 07 13 Duct Insulation 23 07 16 HVAC Equipment Insulation 23 07 19 HVAC Piping Insulation 23 09 23 Direct Digital Control (DDC) System for HVAC 23 09 23.11 Control Valves 23 09 23.12 Control Dampers 23 09 23.18 Leak-Detection Instruments 23 09 23.19 Moisture Instruments 23 09 23.23 Pressure Instruments 23 09 23.27 Temperature Instruments 23 11 23 Facility Natural-Gas Piping 23 21 13 Hydronic Piping

23 21 16 Hydronic Piping Specialties 23 21 23 Hydronic Pumps 23 22 13 Steam and Condensate Heating Piping 23 22 16 Steam and Condensate Piping Specialties 23 23 00 Refrigerant Piping 23 25 13 Water Treatment for Closed-Loop Hydronic Systems 23 31 13 Metal Ducts 23 33 00 Air Duct Accessories 23 34 23 HVAC Power Ventilators 23 36 00 Air Terminal Units 23 37 13 Diffusers, Registers, and Grilles 23 81 23.13 Computer-Room Air-Conditioners, Ceiling-Mounted Units 23 81 46 Water-Source Unitary Heat Pumps 23 84 13 Humidifiers

DIVISION 26 – ELECTRICAL

26 05 19 Low Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 53 Identification for Electrical Systems 26 05 73 Power System Studies 26 09 13.11 Electrical Power Monitoring and Control 26 09 23 Lighting Control Devices 26 22 00 Low Voltage Transformers 26 24 16 Panel boards 26 27 26 Wiring Devices 26 32 13 Engine Generators 26 33 53 Static Uninterruptible Power Supply 26 36 00 Transfer Switches 26 41 13 Lightning Protection for Structures 26 51 16 Fluorescent Interior Lighting 26 51 19 LED Interior Lighting 26 52 19 Emergency and Exit Lighting

DIVISION 27 – COMMUNICATIONS

27 05 26 Grounding and Bonding for Communications Systems 27 05 28 Pathways for Communications Systems 27 05 36 Cable Trays for Communications Systems 27 05 44 Sleeves and Sleeve Seals for Communications Pathways and Cabling 27 11 00 Communications Equipment Room Fittings 27 13 00 Communications Backbone Cabling 27 15 00 Communications Horizontal Cabling 27 41 33 Master Antenna Television System

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

28 05 13 Conductors and Cables for Electronic Safety and Security 28 05 26 Grounding and Bonding for Electronic Safety and Security 28 05 28 Pathways for Electronic Safety and Security 28 05 44 Sleeves and Sleeve Seals for Electronic Safety and Security Pathways and Cabling 28 10 00 Electronic Access Control and Intrusion Detection Systems (EACIDS)

28 13 26 Access Control Remote Devices (Card Reader) 28 31 04 Fire Alarm System Modification 28 31 11 Digital, Addressable Fire-Alarm System

SECTION 00 01 15 – LIST OF DRAWINGS

The drawings listed below and accompanying this specification form a part of the contract.

DRAWING NO. GENERAL

TS-1 Title Sheet LS-01 13th Floor Life Safety Plan

ARCHITECTURAL

A0-00 Reference Information A0-01 Partition Types A1-01 Partial 13th Floor Demolition Plan A2-01 Partial 13th Flr. Plan A2-02 Enlarged Plans A3-01 Partial 13th Flr. Reflected Ceiling Plan A3-02 Ceiling Details A3-03 Ceiling Details A4-01 Interior Elevations A4-02 Interior Elevations A5-01 Interior Sections & Details A5-02 Interior Sections & Details A5-03 Interior Sections & Details A6-01 Door Schedule, Types & Details A8-01 Partial Roof Plan

INTERIOR DESIGN

ID-01 Finish Plan, Legend & Schedule

STRUCTURAL

S1-00 Structural General Notes S8-01 Rooftop Antenna Support Framing Plan

FIRE PROTECTION

FP1-00 Partial 13th Floor Fire Protection Demolition Plan FP1-01 Partial 13th Floor Fire Protection Plan

PLUMBING

P1-00 Plumbing Legand P1-01 Partial 12th Floor Plumbing Demolition Plan P1-02 Partial12th Floor Plumbing Plan

P1-03 Partial 13th Floor Plumbing Demolition Plan P1-04 Partial 13th Floor Plumbing Plan P1-05 Partial Lower Level Three Plumbing Plan

HEATING, VENTILATING AND AIR CONDITIONING

M1-00 Mechanical Legend M1-01 Mechanical Schedule M1-02 Mechanical Schedule M1-03 Mechanical Details M1-04 Mechanical Details M1-05 Mechanical Controls M2-00 Partial 13th Floor HVAC Demolition Plan M2-01 Partial 13th Floor HVAC Plan M2-02 13th Floor Equipment Room HVAC Plan M2-03 Mechanical Room HVAC Plan M2-04 Partial 22nd Floor Two Mechanical Plan

ELECTRICAL

E0-01 Electrical and Technology Legend E0-02 Lighting Fixture Schedule E1-01 Site Electrical Plan E1-02 Partial Lower Level Three Technology Key Plan E1-03 Partial Lower Level Three Elec. And Tech. Key Plan E1-04 Partial 13th Floor Electrical and Tech. Key Plan E1-05 Partial 21st Floor Electrical/Technology Key Plan E2-01 Partial 13th Floor Electrical Demolition Plan E3-01 Partial 13th Floor Lighting Plan E4-01 Partial 13th Floor Power Plan E4-02 Partial 13th Floor Power Plan E5-01 Partial 13th Floor Communication Plan E6-01 Partial 13th Floor Fire Alarm and Security Plan E7-01 Partial 13th Floor Mechanical Connections Plan E8-01 Partial 22nd Floor Electrical and Tech. Plan E8-02 Partial 22nd Floor Lightning Protection System Plan E9-01 N.O.A.A. One Line Diagram E9-02 Panel Board Schedules E9-03 Panel Board Schedules E10-01 Fire Alarm Riser Diagram E10-02 Access Control Typical Wiring Diagrams E10-03 Access Control Typical Wiring Diagrams E11-01 Grounding Details E11-02 Generator and ATS Remote Annunciator Wiring Diagram E11-03 UPS Remote Annunciator Wiring Diagram E11-04 Electrical and Technology Details E11-05 Electrical and Technology Details

END OF DRAWINGS

VOLUME III – THE SOLICITATION

I. General Information A. The Solicitation and 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. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be submitted with Proposal F. Requirements for Joint Venture Offerors

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive But Unclassified I. Additional Security Requirements

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the

Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. Special 8(a) Requirements I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions and Instructions

A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

C. Additional Provisions

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

V. Attachments A. Offer Representations and Certifications B. Attachment A – Reference Check C. Standard Form 1442 – Solicitation, Offer and Award D. GSA Form 527 – Contractor’s Qualifications & Financial Information E. Standard Form 24 – Bid Bond F. Pre-Proposal Registration Form G. DBA Wages: OH160095, Dated: 2/192016 (OH95)

End of Table of Contents

GSA Contract No. GS-05P-16-FB-C-7003

Document: C101-SB / OCT 2015 (The Agreement)

Pages 1 of 31

Construction Contract for NOAA Office Relocation, 13th Floor

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 Representative 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. Commencement, Prosecution, and Completion of Work 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. Order of Precedence N. Administrative Matters O. Non-Compliance with Contract Requirements P. Safeguarding Sensitive Data and Information Technology Resources Q. Options and Allowances R. Additional Terms and Conditions

IV. Contract Clauses A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference C. Subcontract Requirements

(The Agreement)

Pages 2 of 31

I. Project Information

I.A. Project Summary This project shall consist mainly of building a new office space from an existing agency space and vacant office space on the 13th floor, to include but not limited to: partial demolition, removing old partitions/walls, electrical conduits and wirings, plumbing system; modification of existing fire alarm and sprinkler systems; providing new kitchen sink/fixtures and plumbing system; providing new 24” X 24” acoustical, gypsum and architectural millwork ceiling system and panel system; modification/relocation and providing new surface mounted, lay-in and down lighting fixtures; providing new walls and new electrical power system and data-communication system including cabling and termination; modification of existing HVAC system, e.g. new ventilation ductworks and diffusers, and programmable control system; providing new carpet and resilient floor tiles; providing redundant power/generator system, and redundant cooling system;

provide infrastructure for Antenna farm/Communication equipment on roof; providing material and labor; sealing and touch up; coordinating all works and installations with the Government and deliver a complete, clean, and functional new office space for the NOAA personnel.

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 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

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

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 180 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 180 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

None

Pages 3 of 31

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: Kathern M. Williams Address: 230 S. Dearborn, Ste. 3300, Chicago, IL 60604 Telephone: 312-886-1060 Email: kathern.williams@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 $701.56 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 Contract No. GS-05P-16-FB-C-7003, Dated 11/18/2015

(2) Specifications for Contract No. GS-05P-16-FB-C-7003, Dated 11/18/2015

(3) Construction Drawings for Contract No. GS-05P-FB-C-7003, Dated 11/18/2015

(4) Wage Determination OH160095, Dated 2/19/2016

(The Agreement)

Pages 4 of 31

II. Prices

II.A. Basis of Pricing

(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.

(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 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.

(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. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established 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) 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.

(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.

(The Agreement)

Pages 5 of 31

II.B. Contract Price Form See attached SF1442

III. Terms and Conditions

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

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

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 of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within the time specified in Section I (Project Information), “Period of Performance” clause. 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.

III.B. Contractor Responsibilities

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

(2) 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.

(3) 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.

(4) 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.

(5) Where drawings show 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.

(The Agreement)

Pages 6 of 31

(6) 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.

(7) 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.

(8) The Contractor must submit a safety plan before commencing work.

III.C. Contractor Management and Personnel

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

(1) 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.

(2) 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.

(3) 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 Schedule

(1) 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.®

(2) 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.

(3) 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.

(4) 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

(The Agreement)

Pages 7 of 31 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.

(5) Within thirty (30) 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.

(6) The Contractor should anticipate that its initial submittal of the Project Schedule shall be subject to review and revision as contemplated by Paragraph (11) of this clause, 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.

(7) 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.

(8) 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.

(9) 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 (5) working days of the end of each month or other specified period.

(10) 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.

(11) 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 8 of 31 reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract.

(12) 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.

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

(2) 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

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:

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(1) 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 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.

(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. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty (20) working 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 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

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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.

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 shall be deemed complete when it is “Substantially Complete.” 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.

(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

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Pages 11 of 31 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) 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.

(7) 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.

III.J. 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.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 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 Section I (Project Information), paragraph entitled, “Liquidated Damages Rate,”

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Pages 12 of 31 for each calendar day following the required completion date that the Work is not Substantially Complete.

(2) If the Contract requires different completion dates for different phases or portions of the 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.

(3) 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.L. Insurance Requirements

(1) The Contractor shall obtain and maintain for the entire life of the Contract, 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, and GSAR 552.228-5, Government as Additional Insured.

(a) 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 $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

(b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

(2) The Contractor shall promptly provide to the Contracting Officer proof that it 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.M. Order of Precedence

Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply:

(1) Section IV of the Agreement

(2) Sections I, II, and III of the Agreement

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

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(6) Exhibits and Other Attachments

III.N. Administrative Matters

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

(2) 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.

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

(a) Before submitting a request for payment, the Contractor shall attend preinvoice payment meetings each month, as scheduled, with the designated Government representative for the purpose of facilitating review and approval of payment requests. Payment meetings may be conducted in person or by telephone.