solicitation-USPSlights15.pdf

Solicitation No. GS-08-P-15-VJ-P-7015 Page 3 of 48

Simplified Acquisition Construction Contract to replace existing workroom floor light fixtures at FB/PO, Fargo, North Dakota 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. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

II. Prices A. Basis of Pricing

III. Terms and Conditions

A. Commencement, Prosecution, and Completion of Work B. Contractor Responsibilities C. Contractor Management and Personnel D. Material and Workmanship E. Project Schedule F. Extensions of Time G. Interpretation of Specifications and Drawings H. Submittals I. Government’s Right to Stop Work for Non-Compliance J. Other Contracts K. Substantial Completion and Contract Completion L. Use and Possession Prior to Substantial Completion M. Equitable Adjustments N. Finality of Contract Modifications O. Liquidated Damages P. Insurance Requirements Q. Administrative Matters R. Bonds S. Additional Terms and Conditions

IV. Contract Clauses

A. Clauses Incorporated in Full Text B. Clauses Incorporated by Reference

I. Project Information

I.A. Project Summary Replace existing workroom floor light fixtures at the Federal Building/Post Office, 657 2nd Ave.

N., Fargo, North Dakota.

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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 Interior work in occupied space.

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: Pam Burley Address: GSA, 657 2nd Ave. N., Room 228, Fargo, ND 58102 Telephone: 701-239-5453 extension 5 Email: Pam.burley@gsa.gov

(2) Authorities and Limitations

(a) All rights, responsibilities and authorities of GSA under this Contract are vested in the Contracting Officer. The Contracting Officer may delegate these rights, responsibilities, and authorities to other GSA representatives. Such delegations shall be effective and binding only if communicated in writing to the Contractor, and subject to any limitations specified therein.

(b) The Contractor shall perform the Contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by the Contracting Officer or other representative to whom the Contracting Officer has delegated authority. The Contractor assumes all the risk and consequences of performing work in accordance with an order issued by a person lacking authority to issue such order.

I.F. Contract Liquidated Damages Rate In accordance with “Liquidated Damages” clause in Section III (Terms and Conditions), liquidated damages shall be calculated at the rate of $0 per calendar day.

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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 into this Solicitation.

(1) Statement of Work for Solicitation No. GS-08P-15-VJ-P-7015, Dated 6/19/15

(2) Wage Determination ND21, Dated 5/8/15

STATEMENT OF WORK

Scope of Work Replace light fixtures

6/19/15 Project Description The intent of this project is to replace existing workroom floor light fixtures at the Federal Building/Post Office.

Project Location

Federal Building/Post Office 657 2nd Ave. N.

Fargo, ND 58102

Project Points of Contact

Pam Burley Contracting Officer 701-566-6129

Heidi Borgen Property Manager 701-566-6125

Irene Brown Project Manager 303-236-2992

A. Project Duration: Once Notice to Proceed has been issued, the contractor shall have 90 calendar days to complete the project.

B. Project Scope:

1. Replace 98 existing light fixtures with LED 3600 lumen light fixtures in the U.S. Postal Service Workroom area on the first floor of the Federal Office Building in Fargo, North Dakota to ensure 50 footcandles or better is provided in the work area at a height three feet above floor level. Current high-energy savings levels shall be maintained with new light fixtures. NOTE: Work room area is approximately 292 feet by 140 feet, with ceiling height of 21 feet. The Contractor shall provide all labor, materials, equipment and supervision to perform the work described.

2. All work shall comply with codes and standards applicable to this type of work through the course of this project. The Contractor shall also comply with the requirements of GSA Build Green Standards, PBS P-100, and this scope of work.

3. Background: The current light levels in the work area are inadequate. A light study was performed in May 2014 and showed the following: The current lighting is a six lamp T-8 highbay light fixture in 98 locations across the work area. The current lighting level is between 15 and 30 footcandles as measured by a light meter at the work area three feet above the floor level. The current light fixtures have a lens which has collected dirt to the point of degrading the light output. A retrofit fixture that can provide 50 footcandles or better in the work area at the work surface height (three feet above floor level) is required.

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C. Project Goals and Objectives: The goal of this project is to replace 98 existing light fixtures in the US Post Office work area with a light fixture that will provide 50 footcandles or better in the work area and to maintain current lighting energy cost saving levels. Based on the May 2014 lighting study, LED 3600 lumen light fixtures are recommended for this work.

Contractor may provide alternate light fixtures that meet the 50 footcandle requirement for consideration/approval by GSA. Contractor may assume all existing wiring is adequate for new light fixture installation.

1. The Contractor will complete construction activities with as little disruption to building tenants as possible. The US Post Office work area is occupied, and will remain occupied throughout this project. Contractor will be sensitive occupants, and may be required to complete work outside of normal working hours so as not to disturb US Post Office staff working in the area.

2. The entire project shall be complete in 90 days. A construction schedule shall be submitted after award.

3. The Contractor shall be responsible for all materials (except government furnished items as noted), demolition, removal, disposal, assembly, installation, replacement or relocation, light level testing to verify 50 footcandle requirement, and supervision required to complete the project.

4. All demolished material shall be removed from the site and properly disposed of during the project. Existing light fixtures shall be saved and turned over to the government.

D. General

1. A staging area will be determined by GSA based upon availability of space, after construction contract award.

2. Contractor is responsible for final clean up of the area when the work is completed.

General clean up shall occur at the end of each work day.

3. All applicable codes shall be adhered to the maximum extent possible. All work shall be accomplished in accordance with the applicable standards, guidelines, and codes required by Federal, State, and Local Authorities.

4. Work scheduling shall be closely coordinated at regularly held progress meetings with the GSA Property Manager to ensure that no unexpected interruptions occur.

5. Since the building will be occupied during construction, the contractor shall be a "team player" and work in coordination and cooperation with GSA and building tenants.

6. Construction meetings shall be held every week and the contractor shall provide progress reports weekly by email. Daily progress reports may be submitted by email at the end of each week.

7. Signage and barricades shall be installed throughout the project to protect the public, GSA property and building materials.

E. Drawings and Specifications

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1. The following referenced study and drawings are provided for bidding purposes only.

a. Federal Post Office Mailroom Lighting Study (edited), dated May 2014

F. Proposal Documents:

1. The contractor shall be responsible for submitting a detailed cost proposal for construction based on the scope of work, site investigation, and May 2014 lighting study/plans. The cost proposal shall be evaluated by GSA and a contract awarded as funds are available. The proposal shall be submitted in the detailed CSI format, broken down into divisions with labor, materials and quantities shown. Copies of all subcontractor bids shall be submitted with the proposal in the same format.

2. An outline of the intended schedule shall be submitted with the proposal documents. All work shall be complete in 90 days. The submitted schedule is not official until approved by GSA.

G. Submittals after award

1. The contractor shall be responsible for submitting:

a. Recommended replacement light fixture(s).

b. Schedule of values.

c. Product literature to include warranty information, and O&M manuals from the light fixture manufacturer.

d. Final lighting level testing verifying 50 footcandles in the work area at the work surface level.

H. Schedule

1. Provide a schedule for the project to include the following milestones:

Construction start.

Schedule of work.

Final testing date.

2. Any work requiring outages shall be coordinated with GSA Property Manager and occupants two weeks in advance detailing the work to be accomplished during the outage, unless otherwise requested by the GSA Property Manager.

3. All after normal work hours shall be coordinated with GSA Property Manager.

I. Work Description

1. The work shall include all labor and material for demolition and construction as called out in the contract documents to provide a complete and functional space.

J. Proposal Pricing

When submitting a proposal, provide a cost breakdown for each task into the following categories: Materials, Equipment, and Labor.

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K. General Scope Requirements:

1. Contractor Use of the Premises: During the period of the project, the contractor will have access to the site during business hours of 0700-1700 hours, Monday through Friday. All work requested to be performed outside these hours or on holidays shall be directed/ approved by the Property Manager. The Contractor shall coordinate with the Property Manager to arrange after-hours access to the building. The Contractor shall make every effort to cause a minimum of damage to existing interior finishes, parking lots, any other paved areas, any items that need to be moved during the course of the project, and any areas not included in this scope of work. Any damage caused will be repaired at the Contractor’s expense.

2. Progress Meetings: The contractor shall schedule weekly meetings with the GSA. The contractor shall keep meeting minutes and distribute copies at the following meetings.

The meeting agenda will include the following as a minimum: Approval of previous meeting, review of work progress, field observations, problems and decisions, identification of problems which impede planned progress, review of submittals schedule and status of submittals, maintenance of progress schedules, planned progress during the succeeding work period.

3. Sanitary Facilities: Contractors may use the sanitary facilities within the building.

4. Electricity, Water, and Gas: The GSA will pay for electricity, water, and gas during the course of this project. The contractor is responsible for making connections to the existing systems. Temporary electrical work shall meet the requirements of NFPA 70- 1996 (NEC), Article 305. When temporary connections are removed, restore existing utility services to their original condition.

5. Telephone: Telephone service is not available on-site for the Contractor’s use.

6. Motorized Equipment: Contractor shall be allowed use of a man-lift in the area for access to the light fixtures.

7. Utility Outages and Locates: No utility outages will be approved without the written consent and approval of the property manager. Requests for utility outages (electrical, telephone, gas, water, chilled water, hot water, fire sprinkler system, and fire detection system) must be received seven calendar days before the outage date.

8. Protection of Public: The building site will continue to be used by tenants, including areas adjacent to the phased construction area. The contractor shall barricade or otherwise block off the immediate work area to prevent unauthorized entry. The contractor shall maintain safe building access and egress for tenants.

9. Housekeeping: General clean up shall occur at the end of each work day. The project site shall be kept in neat, orderly, and safe condition at all times. The contractor shall provide enough containers for collecting construction debris and construction materials to be recycled. The contractor shall wet down dry materials and rubbish to prevent blowing dust and keep volatile wastes in covered containers. The contractor shall be responsible for final clean up of the area when the work is completed.

10. Disposal: Unless otherwise specified, all removed material becomes the property of the contractor and shall be disposed of outside Government facilities and land. The

Solicitation No. GS-08-P-15-VJ-P-7015 Page 9 of 48 contractor shall dispose of refuse at least weekly, in a legal manner, at a public or private dumping area. Document and provide to the Contracting Officer the quantity of materials disposed of through recycling and through sanitary landfills (cy or tons as appropriate). See also “Waste Management”.

11. Waste Management: The GSA has established that this project shall generate the least amount of waste possible. The contractor shall employ processes which ensure the generation of as little waste as possible and avoid the generation of waste due to over-packaging, error, poor planning/ layout, breakage, contamination, damage from weather, etc. Of the inevitable waste that is generated, as many of the waste materials as economically feasible shall be reused, salvaged, or recycled. Waste disposal to a landfill shall be minimized to the greatest extent possible. See also “Disposal” for record keeping requirements.

12. Transportation and Deliveries: The contractor shall arrange deliveries of materials in accordance with construction schedules; coordinate with Property Manager to avoid conflict with other tenants and other work conditions at the site. The contractor may use the loading dock near the construction site.

13. Cleaning: Before scheduling the final inspection, the Contractor shall accomplish six items: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract;

(3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Thoroughly clean building interiors; (5) Pickup all construction debris from the site; and

(6) At time of final inspection, project shall be thoroughly cleaned and ready for use.

14. Painting/Staining: All painting, staining, or other activity which may cause noxious or undesirable fumes must be performed after normal working hours. The use of paint or stain that does not generate odors is preferred and may be required if the space will be occupied the following day.

L. Project Record Drawings: Maintain one complete full-size set of contract drawings and one full-size set of vendor supplied drawings. Clearly mark changes, deletions, and additions to show actual construction conditions. Show additions in red, deletions in green, and special instructions in blue print. Provide to Project Manager as requested and upon final completion of the project. Upon final completion of the project, the Contractor shall submit two full-size sets of as-built drawings to include one PDF electronic file.

M. Substantial Completion and Final Inspection: When project is complete, and light level testing has been completed showing 50 footcandle levels have been achieved in the work area at the work surface area height (measured at 3 feet above floor level), the Contractor shall request a final inspection. Upon receipt of request that project is substantially complete, the Contracting Officer will proceed with the inspection within ten days of receipt of request or will advise the contractor of items that prevent the project from being designated substantially complete.

General Decision Number: ND150021 05/08/2015 ND21

Superseded General Decision Number: ND20140021

State: North Dakota

Construction Type: Building

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County: Cass County in North Dakota.

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 05/08/2015

BOIL0647-006 01/01/2014

Rates Fringes

BOILERMAKER......................$ 32.75 26.42

BRND0001-002 05/01/2014

BRICKLAYER.......................$ 24.65 8.60

ELEC1426-004 06/01/2014

ELECTRICIAN (Excludes Low

Voltage Wiring)..................$ 27.59 11.37

IRON0512-006 05/01/2014

IRONWORKER, STRUCTURAL...........$ 28.45 22.85

* PLAS0633-001 05/01/2015

CEMENT MASON/CONCRETE FINISHER...$ 27.90 13.60

PLUM0300-016 06/02/2014

PIPEFITTER.......................$ 31.44 12.67

PLUMBER..........................$ 31.44 12.67

SFND0669-002 07/01/2013

SPRINKLER FITTER (Fire

Sprinklers)......................$ 29.48 15.12

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SHEE9010-002 06/09/2014

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 26.45 13.95

SUND2012-002 08/18/2014

CARPENTER (Drywall

Finishing/Taping Only)...........$ 21.22 7.11

CARPENTER, Excludes Drywall

Finishing/Taping, Drywall

Hanging, and Metal Stud

Installation.....................$ 19.24 4.89

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 21.36 0.00

ELECTRICIAN (Low Voltage

Wiring Only).....................$ 21.14 5.73

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 15.80 2.60

LABORER: Common or General......$ 13.05 2.92

LABORER: Mason Tender - Brick...$ 15.32 0.00

LABORER: Mason Tender -

Cement/Concrete..................$ 14.54 3.41

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 26.00 3.82

OPERATOR: Crane.................$ 26.18 9.39

OPERATOR: Forklift..............$ 23.06 15.47

OPERATOR: Loader................$ 23.75 0.00

PAINTER (Brush and Roller).......$ 21.86 8.41

ROOFER...........................$ 16.37 2.84

SHEET METAL WORKER, Excludes

HVAC Duct Installation...........$ 27.27 7.76

TRUCK DRIVER: Dump Truck........$ 19.81 5.42

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)).

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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.

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

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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 initial 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

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

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

END OF GENERAL DECISION

II. Prices

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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.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion 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

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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) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

(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.

(9) 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.

(10) The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this Contract.

III.C. Contractor Management and Personnel

(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

Solicitation No. GS-08-P-15-VJ-P-7015 Page 16 of 48 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. Material and Workmanship All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition. Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.E. Project Schedule

(1) The Contractor may 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 major activities necessary to complete the Work.

(5) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer. The Contractor shall submit the Project Schedule in both electronic and hardcopy print format.

(6) The Project Schedule shall incorporate both major tasks a well as 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 and be linked to the tasks that drive those milestones.

(7) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule weekly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer by the following Monday or other specified period.

(8) 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.

(9) 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.

Solicitation No. GS-08-P-15-VJ-P-7015 Page 17 of 48

(10) 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.

(11) 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.F. Extensions of Time

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

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

(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 complying with this clause.

III.G. Interpretation of Specifications and Drawings

(1) The specifications and drawings shall be interpreted to complement each other.

Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

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

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

(4) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:

(a) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

(b) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

(5) 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.

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

Solicitation No. GS-08-P-15-VJ-P-7015 Page 18 of 48

III.H. Submittals

(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) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.

(3) 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. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval. 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.

(4) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following Paragraph (5).

(5) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests approval of the variation at the time of submission and the Contracting Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.

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

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

III.J. Other Contracts The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access

Solicitation No. GS-08-P-15-VJ-P-7015 Page 19 of 48 for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.

III.K. Substantial Completion and Contract Completion

(1) 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…