T10__RFP__Roofing_-_WT.pdf

U.S. General Services Administration Greater Southwest Region

PROJECT TITLE:

Roof Repairs

LOCATION:

World Trade Port of Entry Laredo, Texas

ISSUE DATE:

June 29, 2015

PROPOSALS DUE:

July 31, 2015

REQUEST FOR PROPOSALS NO:

GS-07P-15-UK-C-0032

PRE PROPOSAL CONFERENCE:

Tuesday, July 14, 2015 at 9:00 am CST World Trade Port of Entry Laredo, Texas

REQUEST FOR PROPOSALS

GSA MISSION STATEMENT: To provide policy leadership and expertly managed space, supplies, services, and solutions, at the best value, to enable Federal employees to accomplish their missions.

TABLE OF CONTENTS

Standard Form 1442 – Solicitation, Offer and Award 1 – 4

Scope of Work (SOW) 5 – 8

SOW Attachments 9 – 10

Wage Determination 11 – 15

C101 – The Agreement 16 – 41

C201 – The Solicitation 42 – 58

C301 – Offeror Representations and Certifications 59 – 64

(To be completed by contractor)

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Public Buildings Service

Greater Southwest Region

06/23/2015

Scope of Work

1. Project Title: Truck Import Dock – Roof Repair

2. Project Location: World Trade Bridge LPOE (TX0734) 11601 Farm to Market Road 1472 Laredo, TX 78045

3. Building Location Hours: 6:00am – Midnight / Monday thru Saturday 6:00am – 2:00pm / Sunday

4. Purpose: Existing modified bitumen roof is exhibiting widespread seam failures and blistering. Project is being pursued to remediate/repair the roof.

5. Points of Contact:

5.1 Contracting Officer: Rosalva Ramos

1101 E. Hackberry Avenue McAllen, TX 78501 9566188176 rosalva.ramos@gsa.gov

5.2 Project Manager: Sungalu Lavulavu

1501 Matamoros St. 100 Laredo, TX 78040 9567901740 sungalu.lavulavu@gsa.gov

5.3 Property Manager: Jorge Camero

1501 Matamoros Street Laredo, TX 78040

9567184129 jorge.camero@gsa.gov

6. Notice to Proceed:

6.1 The Contracting Officer is the ONLY individual from the Government that can give the contractor a notice to proceed.

6.2 Before any of the work within the scope of the contract is started, the Contractor shall confer with the COR (Contracting Officer Representative) and agree on a sequence of procedure; means of access to premises and building; delivery of material and use of approaches; use of corridors, stairways, elevators, and similar means of communications; and the location partitions, eating spaces for spaces for Contractor’s employees and the like.

Greater Southwest Region

7. Period of Performance: 90 calendar days from issuance of Notice to Proceed

8. Description of Work: Contractor shall provide all materials, labor, tools, equipment and supervision to accomplish tasks as outlined in contractor documents.

The Scope of Work is stated in terms of general and specific conditions. Any work not specifically stated but necessary to achieve the goals of the project and/or required by code shall be completed by the Contractor. All materials, equipment, and supplies shall be new and unused at the time of installation.

8.1 General Conditions

8.1.1 Contractor is responsible for field verification of existing conditions

8.1.2 Contractor is responsible for repair of all damages incurred to Government property

8.1.3 Contractor is responsible for obtaining security clearances in a timely manner

8.1.4 Contractor shall coordinate with local CBP to minimize any disruptions to agency activities

8.1.5 Contractor shall remove and dispose of construction debris on a daily basis

8.1.6 Upon completion of work, Contractor shall leave the premises clean and free of debris

8.2 PreConstruction (Security)

The facility in which work will take place is owned by GSA and occupied by CBP. All Contractor personnel will be required to undergo GSA/FPS background investigations.

Detailed instructions will be provided once a contract has been awarded but the following summary is offered to assist potential bidders with anticipating overhead costs:

8.2.1 10day Escort Only Pass This is appropriate for workers only requiring shortterm access to the jobsite during construction. Individuals who receive this clearance must be escorted at all times by Contractor personnel who have already been cleared for Unescorted Access (as described below). Individuals will have to complete, sign, and return the GSA Form “Contractor Information Worksheet”. Favorable or Unfavorable determinations are typically completed within 12 weeks after the Government receives all required information from the Contractor.

*Individuals are only eligible to receive this type of pass once. If a worker has previously received a GSA 10day pass on another project, they will be required to pursue the 6month GSA Law Enforcement Check regardless of the duration of jobsite access needed. “Bouncing” between multiple jobs on a 10day pass is strictly prohibited

8.2.2 6month Law Enforcement Check (LEC) This is appropriate for workers who require Unescorted Access and/or will be on the jobsite for a period greater than 10 days but less than 6 months and/or have previously received a GSA 10day Escort Only Pass. Individuals will have to complete, sign and return Form OF 306 “Declaration for Federal Employment, Form OF 306 Addendum “Addendum to Declaration for Federal Employment”, and FD 258 “FBI Standard Fingerprint Form”. Favorable or Unfavorable determinations are typically completed within 24 weeks after the Government receives all required information from the Contractor.

Greater Southwest Region

8.2.2 (cont’d)

*Individuals are only eligible to receive this type of clearance once. If a worker has previously received a Favorable 6month LEC that has expired, they will be required to pursue the 5year National Agency Check with Inquiries regardless of the duration of jobsite access needed

8.2.3 5year National Agency Check with Inquiries (NACI) This is appropriate for workers who require Unescorted Access and/or will be on the jobsite for a period greater than 6 months and/or have previously received a GSA 6month LEC clearance. Typically General Contractors and select individuals from their Prime Subcontractors pursue this clearance. Individuals will have to complete, sign, and return Form OF 306 “Declaration for Federal Employment, Form OF 306 Addendum “Addendum to Declaration for Federal Employment”, FD 258 “FBI Standard Fingerprint Form”, and Form SF 85 “Questionnaire for NonSensitive Positions”. Favorable or Unfavorable determinations are typically completed within 46 weeks after the Government receives all required information from the Contractor.

*Individuals who receive a NACI clearance will be issued a Contractor Badge that will expire at the end of the project. However, the worker’s clearance will remain in good standing for a period of 5 years and it will not be necessary for the individual to pursue clearances again for future projects occurring within this time period

It is recognized that adhering to the Government’s security & clearance requirements can be a long and confusing process. The GSA Project Manager is available to assist with any and all questions during this period. Contractors that have successfully navigated this effort typically assign a dedicated employee to track and followup on the status of personnel clearances.

Contractors who neglect this process, underestimate the amount of effort that will be needed or otherwise fail to manage their workers, inevitably encounter long delays and much confusion regarding the status of their personnel. This can result in unfavorable performance reviews at the end of the project and may adversely affect the Contractor’s ability to obtain future work with the Government

8.3 Construction

Furnish and install fluid applied roofing system consisting of a reinforced elastomeric system specifically designed for use on a roof (HydroStop PremiumCoat, DuroLast or approved equal). Roof area to be repaired is approximately 120,000 square feet. Contractor is responsible to field measure and verify Work shall include the preparation of the existing modified bitumen roof, application of the roof/flashing system, and clean up. All work shall be in accordance with the manufacturer’s installation instructions and product specifications.

8.4 Closeout

All material and workmanship will be inspected and approved by the GSA Project Manager prior to acceptance by the Government. Any work deemed to be unsatisfactory shall be promptly corrected and reinspected.

Greater Southwest Region

All necessary requirements shall be met in order to provide a 10year material only roof warranty with a 1year labor guarantee from the date of acceptance by the Government.

9. Liquidated Damages: If the Contractor breaches its obligation to complete the work in accordance with the schedule provided for in this contract, the Contractor shall be assessed $200 per day for each day of delay as liquidated damages. Quantifying losses arising from the Contractor’s delay is inherently difficult insofar as a delay may impact the Government’s ability to use the facility and/or require additional Government resources to support the Contractor’s ongoing efforts. By entering into a contractual agreement with the Government to perform the work described in this document, the Contractor agrees that the rate of $200 per day is not a penalty but rather a reasonable measure of damages that may result from failure to complete the work on schedule. The liquidated damages provision shall not apply in the event that the project is delayed due to causes beyond the Contractor’s control. Delays arising from the Contractor’s failure to obtain security clearances, rejected submittals, or late/incorrect ordering of material are not justifiable and will not void the liquidated damages provision.

10. Other Requirements:

11. Submittal: Contractor shall provide the following information for Government review and approval prior to mobilization

11.1 Project Schedule in Gantt Chart format

11.2 Product Cutsheets with all appropriate model numbers/options highlighted

11.3 Waste Management / Diversion Plan

Items that are installed without prior Government approval may be acceptable but are done so at the Contractor’s own risk. The Contractor assumes the liability of replacing these items at no additional cost if it was not submitted and is subsequently rejected by the Government. An approved submittal will not relieve the Contractor from correction of work that is clearly deficient in terms of fit, finish, or appearance.

12. Attachments:

12.1 Project Location Aerial Photos

12.2 Roof Existing Condition Photos

13. Closeout Plan: A final payment equal to 5% of the contract amount will be withheld and not released until the following items are performed

13.1 Substantial Completion Inspection

13.2 Correction of Punchlist Deficiencies

13.3 Final Completion Inspection (optional)

13.4 Delivery of Warranties / O&M Manuals

14. END OF SCOPE OF WORK

RosalvaRamos Text Box $214

RosalvaRamos Text Box $214

ATTACHMENT 1: Project Location

Truck Import Dock at World Trade Bridge Land Port of Entry - Laredo, TX

10 of 659 of 64

RosalvaRamos

Scope of Work

ATTACHMENT 2: Photos

11 of 6510 of 64

RosalvaRamos

Scope of Work

6/15/2015 www.wdol.gov/wdol/scafiles/davisbacon/TX325.dvb?v=1 http://www.wdol.gov/wdol/scafiles/davisbacon/TX325.dvb?v=1 1/5

General Decision Number: TX150325 03/06/2015 TX325

Superseded General Decision Number: TX20140325

State: Texas

Construction Type: Building

County: Webb County in Texas.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis‐Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015 1 03/06/2015

BOIL0074‐003 01/01/2014

Rates Fringes

BOILERMAKER......................$ 23.14 21.55

ENGI0178‐005 06/01/2014

Rates Fringes

POWER EQUIPMENT OPERATOR

(1) Tower Crane.............$ 29.00 10.60

(2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60

(3) Hydraulic cranes 59 Tons and under..............$ 27.50 10.60

IRON0084‐011 06/15/2014

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 22.02 6.35

PLUM0412‐004 04/01/2013

Rates Fringes

PLUMBER..........................$ 31.14 12.43

http://www.wdol.gov/wdol/scafiles/davisbacon/TX325.dvb?v=1 2/5

* SUTX2014‐051 07/21/2014

Rates Fringes

BRICKLAYER.......................$ 16.17 0.00

CARPENTER........................$ 14.15 2.42

CEMENT MASON/CONCRETE FINISHER...$ 12.46 0.00

ELECTRICIAN......................$ 18.44 4.53

INSULATOR ‐ MECHANICAL

(Duct, Pipe & Mechanical System Insulation)...............$ 14.04 4.79

IRONWORKER, REINFORCING..........$ 12.01 0.00

IRONWORKER, STRUCTURAL...........$ 15.04 4.34

LABORER: Common or General......$ 9.20 0.00

LABORER: Mason Tender ‐ Brick...$ 10.00 0.00

LABORER: Mason Tender ‐ Cement/Concrete..................$ 10.89 0.96

LABORER: Pipelayer..............$ 11.00 3.47

LABORER: Roof Tearoff...........$ 10.06 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 14.04 1.01

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00

OPERATOR: Bulldozer.............$ 18.29 1.31

OPERATOR: Drill.................$ 16.22 0.34

OPERATOR: Forklift..............$ 14.83 0.00

OPERATOR: Grader/Blade..........$ 13.07 0.00

OPERATOR: Loader................$ 12.87 0.70

OPERATOR: Mechanic..............$ 17.00 0.00

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00

OPERATOR: Roller................$ 12.70 0.00

PAINTER (Brush, Roller, and Spray)...........................$ 11.27 0.00

PIPEFITTER.......................$ 15.22 3.16

ROOFER...........................$ 11.42 0.0012 of 64 http://www.wdol.gov/wdol/scafiles/davisbacon/TX325.dvb?v=1 3/5

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 18.40 2.12

SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 21.13 6.53

TILE FINISHER....................$ 11.22 0.00

TILE SETTER......................$ 12.15 0.00

TRUCK DRIVER: Dump Truck........$ 12.39 1.18

TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57

TRUCK DRIVER: Semi‐Trailer Truck............................$ 12.50 0.00

TRUCK DRIVER: Water Truck.......$ 12.00 4.11

WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

http://www.wdol.gov/wdol/scafiles/davisbacon/TX325.dvb?v=1 4/5

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis‐Bacon survey program. If the response from this initial14 of 64 http://www.wdol.gov/wdol/scafiles/davisbacon/TX325.dvb?v=1 5/5 contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

GSA Contract No. GS-07P-15-UK-C-0032

Document: C101-SB / APR 2015 (The Agreement) Pages 1 of 26

Construction Contract for Roof Repairs, World Trade Port of Entry, Laredo, Texas

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

IV. Contract Clauses

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

(The Agreement) Pages 2 of 26

I. Project Information

I.A. Project Summary

Contractor shall provide all the necessary supplies, materials, equipment, labor and supervision to perform roof repairs on the existing roof at the World Trade Port of Entry in Laredo, Texas.

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 80 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 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

N/A

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: Rosalva Ramos Address: 1101 East Hackberry, Suite 200, McAllen, Texas 78501 Telephone: 956-618-8176 Email: rosalva.ramos@gsa.gov mailto:rosalva.ramos@gsa.gov

(The Agreement) Pages 3 of 26

(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 $214.00 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) Scope of Work, Dated 07/31/14

(2) Wage Determination TX150325, Dated 03/06/15

(The Agreement) Pages 4 of 26

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 26

II.B. Contract Price Form

Please see Standard Form 1442

(The Agreement) Pages 6 of 26

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.

(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.

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(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 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.

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(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, 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

(The Agreement) Pages 9 of 26 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:

(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.