RFP_GS05P17FBC0003_Specification.pdf

PROJECT:

Veterans Business Administration Renovations 12th, 13th, & 14th Floors Patrick V. McNamara Federal Building 477 Michigan Avenue Detroit, Michigan 48226

(M0131MC)

SOLICITATION NO.: GS-05-P-17-FBC-0003

ISSUE DATE: Tuesday, June 06, 2017

CLOSING DATE & TIME: Thursday, July 06, 2017

4:00PM (Central Standard Time)

ISSUED BY: Acquisition Management Division Capital and Customer Projects Contracting Branch

John C. Kluczynski Federal Building 230 South Dearborn Street, Room 3300

Chicago, Illinois 60604

ATTN: KIMBERLY BISHOP, CONTRACTING OFFICER

Volume I

PROPERTY OF THE UNITED STATES GOVERNMENT.

COPYING, DISSEMINATION, OR DISTRIBUTION, OF THESE DRAWINGS,

PLANS, OR SPECIFICATIONS TO UNAUTHORIZED PERSONS IS PROHIBITED.

Note: Unauthorized persons are those persons who do not have a need-to-know of the contents of this document.

Those with a need to know include contractors, sub-contractors, suppliers, and others that the contractor deems necessary in order to submit an offer or bid, or complete the work or contract.

REQUEST FOR PROPOSAL (RFP)

U.S. General Services Administration

Acquisition Management Division Capital and Customer Projects Contracting Branch

John C. Kluczynski Federal Building 230 South Dearborn Street, Room 3300

Chicago, Illinois 60604 GREAT LAKES REGION

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

Solicitation# (GS-05-P-17-FBC-0003) Veterans Business Administration (VBA) 12TH, 13TH 14TH Floors Renovations Patrick V. McNamara Federal Building 477 Michigan Avenue Detroit, Michigan 48226

(MI0131MC)

PROPERTY OF THE UNITED STATES GOVERNMENT- FOR OFFICIAL USE ONLY

Do not remove this notice -Properly destroy documents when no longer needed

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.

Solicitation Number: GS-05-P-17-FB-C-0003

NOTICE TO OFFERORS OF TOTAL SMALL BUSINESS SET ASIDE

The General Services Administration (GSA) is setting aside the contract under the following clause 52.219-6, Notice of Total Small Business Set Aside.

NAICS CODE

The North American Industry Classification System (NAICS) code for this procurement is 236220 with a Size Standard of $33.5 million. (See the Notice of Small Business Set-aside clause, FAR 52-219-6)

AFFIRMATIVE PROCUREMENT PROGRAM (APP)

GSA has implemented an Affirmative Procurement Program intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance under any resultant contract.

FAR 23.7 requires consideration of environmental factors when purchasing products and services.

FAR 4.303 and FAR 52.204-4 require double sided printing on recycled paper for all reports required by this contract.

FAR 52.223-10 encourages vendors to practice waste reduction.

NOTICE CONCERNING COMPLETION OF SOLICITATIONS

Offerors are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions and clauses. Fill-ins should be properly completed and verified. All copies should contain the same information. Verify calculations before signing your bid. An offeror will not be considered for award if one or all of the information listed below is not submitted with the proposal.

Offerors shall submit with their offer the following documents:

-Standard Form 1442 Solicitation, Offer, and Award. submit two copies with original signatures. Please submit three copies with original signatures include DUNS Number. The form can be found in Volume III.

-Past Performance Questionnaire and Survey - A minimum of three relevant past performances must be received prior to the closing in accorfdance with specification, can be found in Volume III.

-Cost Breakdown, can be found in Volume III.

-Standard Form 24 Bid Guarantee, please make sure it has a corporate seal instruction Reference is made to FAR 52.228-1 -GSA Form 527–Contractor’s Qualification and Financial Information – Please fill out in its entirety.

-System for Award Management (SAM) – Please register at https://www.sam.gov/portal/public/SAM/

Reference is made to FAR 52.204-7.

-Offeror Representations and Certifications Form. On-Line Representation and Certification

Application (ORCA) – Please register at http://orca.bpn.gov. Reference is made to FAR 52.204-8.

Offerors submitting a proposal in response to this Solicitation shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8) using file C301 attached to this Solicitation. See Forms section.

Solicitation# (GS-05-P-17-FBC-0003) Veterans Business Administration (VBA) 12TH, 13TH 14TH Floors Renovations Patrick V. McNamara Federal Building 477 Michigan Avenue Detroit, Michigan 48226

(MI0131MC)

PROPERTY OF THE UNITED STATES GOVERNMENT- FOR OFFICIAL USE ONLY

Do not remove this notice -Properly destroy documents when no longer needed

BASIS OF AWARD

The Government will award this solicitation to the responsible offer whose proposal conforms to the solicitation and provides the best value to the Government. The following factors shall be used to evaluate proposals: (1) Past Performance, (2) Total Evaluated Price (TEP). Each contractor's price will be compared against the Government Cost Estimate (GCE) and to each other to determine if the price is fair and reasonable. TEP will consist of lump sum item plus unit line item price. Prices will accepted or rejected at the time of award. Past Performance is significantly more important than price, As the past performance of the offerors becomes more equal, price becomes more important. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best term from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

BOND REQUIREMENTS

BID GUARANTEE AND BOND ARE REQUIRED [x ] ARE NOT REQUIRED [ ] If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance and payment bond as specified in this solicitation. Offerors who utilize individual sureties should note (1) the requirement for a certified, audited, financial statement for each person acting as an individual surety (see clause entitled FAR 52.228-1 Bid Guarantee) and (2) the requirements of the clause entitled FAR 52.228-11 Pledge of Assets.

If bonds are required, also note the requirements of the various bid guarantee and bond clauses. For example, a new performance and payment bond is required if a contract option for an additional performance period is exercised.

CONTRACTOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER.

Enter your DUNS number in Block 14 on the first page of this solicitation. If you do not know or have a DUNS number please contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to you. For information on obtaining a DUNS number, you should call Dun and Bradstreet at 1-800-333-0505. Be prepared to provide the following information: (1) Company name, (2) Company address, (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager, (6) Date the company was started. (7) Number of people employed by the company, (8) Company affiliation.

EXERCISING OPTIONS AND MULTIPLE AWARD CONTRACTS

If this is a multiple award contract with optional performance periods, please note that the successful awardee will be required to re-certify size status prior to the option being exercised.

PRE PROPOSAL CONFERENCE/QUESTIONS

A pre-bid/pre-proposal meeting is not scheduled. The date will be uploaded via an Amendment.

Questions regarding the solicitation may submitted in writing to the Contracting Officer, Kimberly Bishop, at kimberly.bishop@gsa.gov. Questions must be received on or before 4 PM (Central Time) Friday, June 30, 7.

NOTICE TO PROCEED (NTP)

Notice to Proceed (NTP) will not be issued until the COR has officially notified the CO that approved clearances for proposed employees have been received and approved by the Department of Homeland security, Bureau of Immigration and Customs Enforcement, Federal Protective Service (DHS, BICE, FPS).

SHALL vs. MUST Throughout this solicitation, the terms “shall” and “must “are used. “Shall” and “must” denote the imperative.

They indicate an obligation to act. In this solicitation, and any resulting contract, “shall” and “must” have the same meaning.

CENTRAL CONTRACTOR REGISTRATION (CCR)/SYSTEM FOR AWARD MANAGEMENT (SAM)

Note – The System for Award Management (SAM) has replaced CCR. System for Award Management (SAM) – Please register at https://www.sam.gov/portal/public/SAM/

PROPERTY OF THE UNITED STATES GOVERNMENT- FOR OFFICIAL USE ONLY

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In accordance with FAR Parts 1, 2, 4, 13, 32, and 52 and effective October 1, 2003 contractors must be registered in the Central Contractor Registration (CCR) database prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement. No award will be made to any contractor not registered in CCR/SAM. This is one of the steps the Federal Government is taking to streamline the acquisition process. In an effort to broaden use and reliance upon e-business applications, the CCR was established to eliminate the need to maintain paper-based sources of contractor information.

The Central Contractor Registration (CCR) System is a centrally located, searchable database, accessible via the Internet to develop, maintain, and provide sources for future procurements. The CCR data is the most up to date and complete data available. As a single validated source of data on contractors doing business with the Government, the CCR database enables prospective contractors to update their information in one place via a website (http://www.ccr.gov). The information is then available via the Internet. Following agency procedures, Contracting Officers will now be able to access contractor data and industry information less expensively, and more efficiently identify sources for contracting opportunities. The CCR will not create a total electronic commerce environment, but will help provide a basic framework or foundation that will allow migration to a total electronic commerce environment. Registration with CCR is valuable to you as a prospective contractor since it will be used for market research by thousands of government buyers and program personnel searching for potential providers of specific goods and services. You will be required to complete a one-time business registration, with annual updates. As a part of the registration process you will need to provide your DUNS identification number. If you do not have a DUNS number you may contact Dun and Bradstreet, Inc. at (800) 333-0505. You may register in the CCR via the World Wide Web at http://www.ccr.gov. There is a CCR handbook available at this site to assist you with your registration. Additionally, if further assistance is needed during the registration process, you may contact the CCR Assistance Center toll free at 888-227-2423.

FAR 52.216-1, TYPE OF CONTRACT (APR 1984).

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

SUBCONTRACTING

The Contractor is expected to perform the work required under the contract. The Contractor shall not subcontract any work required by this contract without the express written approval of the Contracting Officer.

PROPOSAL PREPARATION COSTS

This request does not commit the Government to pay any costs incurred in the submission of any proposal or in making necessary studies or designs for the preparation thereof. Nor does it commit the Government to procure or contract for said services or supplies.

QUALIFICATIONS, EXCLUSIONS, and CONDITIONS

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

REQUIREMENTS FOR JOINT VENTURE OFFERORS

All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

An authorized representative of each member of the joint venture must sign the SF 33 accompanying an offer.

Solicitation# (GS-05-P-17-FBC-0003) Veterans Business Administration (VBA) 12TH, 13TH 14TH Floors Renovations Patrick V. McNamara Federal Building 477 Michigan Avenue Detroit, Michigan 48226

(MI0131MC)

P. V. McNamara Federal Building PCN: RMI00663 PVM VBA Renovations (12th, 13th, & 14th Floors) GSA PBS Region 5

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 00120 - 1

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

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Properly destroy documents when no longer needed

INFORMATION FOR SPECIFICATION SECTION 00120

SECTION 00120 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

Area of Work: 12th, 13th & 14th floors of the PV McNamara FB (MI0131MC)

Project Name: “PVM VBA Renovations”

Location: 477 Michigan Ave.

Detroit, MI 48226

Project Number: RMI00663

SECTION 00120 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

PART 1 - OFFERS

Basis of Award: (cross out inappropriate items)

One lump sum bid is required, Contract Contains unit prices.

Contract contains options.

PART 2 - PREBID REQUIREMENTS AND NOTICES

2.01 (Include Pre-Proposal Conference information if required)

2.02 Visit to the Site:

GSA Contact: Ray Cubberly, Property Manager (5P2SSCF) Phone Number: (313) 226-7886

Raymond.Cubberly@gsa.gov

GSA Contacts: Ron Snow, Project Manager (5P2CCB) Secondary Phone: 312-343-6492

Ronald.Snow@gsa.gov

Tamakia Edwards, Lead Contracting Officer’s Representative

(5P2CCA)

Phone: 312-343-6463 Tamakia.Edwards@gsa.gov

Bartosz Rolski, Contracting Officer’s Representative

(5P2CCB)

Phone: 312-886-5527 Bartosz.Rolski@gsa@gsa.gov

SUPPLEMENTARY CONDITIONS 00800 – 1

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

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INFORMATION FOR SPECIFICATION SECTION 00800

PROJECT TITLE: "PVM VBA Renovations” CITY & STATE: Detroit, MI 48226 BUILDING: PV McNamara Federal Building

PROJECT NO.: RMI00663

SECTION 00800 - SUPPLEMENTARY CONDITIONS

Part 2 - PERFORMANCE

Add the following to Paragraph 2.01 (a):

2.01 (A) Completion of Work: Contract completion time: Seven hundred & twenty-eight

(728) calendar days. [Initial Mobilization – 30 days; Phase 1 Construction - 184 days (includes furniture installation & VBA move-in); Phase 2 Mobilization & Construction - 170 days (includes furniture installation & VBA move-in); Phase 3 Mobilization & Construction - 114 days (includes furniture installation & VBA move-in); Phase 4 Mobilization & Construction - 100 days (includes furniture installation & VBA move-in); Phase 5 Mobilization & Construction - 72 days (includes furniture installation & VBA move-in); Phase 6 Mobilization & Construction - 58 days (includes furniture installation & VBA move-in)]. Contract completion time excludes the time for the security clearance process and shop drawings.

2.02 (a) Liquidated Damages: four Hundred dollars and Seventy-one cents ($400.71) per calendar day.

Part 5 - EMPLOYMENT PRACTICES

5.01 (e) Covered Area: City: DETROIT County: WAYNE State: MICHIGAN

NOTICE TO PROCEED:

"Notice to proceed with off-site work only" is defined as the start date where the contractor may begin the following type of work:

1) Preparation and submittal of schedules, material submittals, and shop drawings.

2) Ordering of equipment and supplies after Government approval.

SUPPLEMENTARY CONDITIONS 00800 – 1

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

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3) Any other work preliminary to on-site work.

The contract performance period, as stated in block 11 of the SF 1442 and in Part 2, Performance, of Section 00800, Supplementary Conditions, will begin 1 day after the notice to proceed with off-site work only is issued. This notice will be issued at or after the pre-construction meeting.

Included within this performance period is a 60 day time period for the Government to process security clearance forms. Should this process take the Government longer than the 60 days, additional time may be added to the performance period.

NOTE: No additional time will be added to the performance period due to the following contractor actions or inactions:

1) Late submittal of security clearance forms;

2) Incomplete or inaccurate submittal of security clearance forms;

3) Submittal of employees whose adjudication is found to be unsuitable;

4) Failure of the contractor to comply with any of the security requirements in the contract.

"Notice to proceed with all work" is defined as the start date the contractor may begin working on-site in addition to the above off-site work. Notice to proceed with all work will not be issued until the COR has officially notified the Contracting Officer that security clearances for the proposed employees have been received and approved by the Federal Protective Service Department of Homeland Security.

GSA Solicitation No. GSA Contract No. GS-05-P-17-FBC-0003

Document: C101-SB / DEC 2016 (The Agreement)

Pages 1 of 31

Construction Contract for Veterans Business Administration (VBA) Renovations on the 12th, 13th & 14th Floor of the Patrick V. McNamara Federal Building, 477 Michigan Ave, Detroit, MI 48226. (MI0131MC)

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 is for renovation services at the Patrick V. McNamara Federal Building on the 12th, 13th & 14th Floors. The project will include interior renovations, office space build, demolition, drywall partitions, security mesh, new doors, frames and hardware, carpet, paint, new plumbing, and upgrades to mechanical and electrical systems. This project will involve the renovation of approximately 95,000 USF of existing space.

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 10 days 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 728 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 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements The Contractor will review and document the existing conditions surrounding the project premises. Provide documentation to the Government prior to the commencement of any construction activity. The Contractor shall limit use of the premises to the work in areas indicated, and to allow for Government occupancy and public use.

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:

(The Agreement)

Pages 3 of 31

Contracting Officer Name: Kimberly Bishop Address: 230 S Dearborn, Room 3300, Chicago, IL 60604 Telephone: (312) 886-7412 Email: kimberly.bishop@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 $400.71 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

(2) Specifications for Contract

(3) Construction Drawings

(4) Site Conditions Report

(5) Wage Determination MI70101, Dated 04/28/2017

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

(The Agreement)

Pages 4 of 31 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.

II.B. Contract Price Form See Attached Standard Form 1442

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.

(The Agreement)

Pages 5 of 31

(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.

(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

(The Agreement)

Pages 6 of 31 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 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

(The Agreement)

Pages 7 of 31 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, 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.

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(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:

(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.

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:

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(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 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

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Pages 10 of 31 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,” 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.

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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

(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. The Contractor shall provide documentation to support the prospective payment request.

(b) The Contractor shall submit its invoices to the Contracting Officer. Separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments.

(c) If the invoice does not meet the requirements…