LA ESPC solicitation.pdf

GS-09P-12-KS-C-0023

STATEMENT OF WORK AND GENERAL REQUIREMENTS

(UCF SECTIONS C – H)

SECTION C – STATEMENT OF WORK

C.1 GENERAL DESCRIPTION OF WORK AND PROJECT ECONOMICS

This solicitation includes mandatory measures which must be bid and performed as specified. These include:

1. Chiller Plant Retrofit and controls optimization (to include related work such as hydronic balance) at the FB 300 N. Los Angeles Street and adjoining Roybal USCH (which share a common central plant following scope and specifications of “300 N. Los Angeles Street and

Roybal Federal Buildinigs Chiller Plant Upgrade” document and drawings SKM-1, SKM-2 and

SKM-3.

2. Implementation of Demand Control Ventilation following scope and specifications of “300 N.

Los Angeles Street and Roybal Federal Buildings Chiller Plant Upgrade” document.

3. Projects 1 (controls optimization) and 4 (chilled water pump VFDs) for the Hawthorne FB, 15000

Aviation Blvd., Hawthorne, CA, in accordance with the “Hawthorne Federal Building

Mechanical and Controls Upgrade Projects Scope of Work and Concept Design”, and

“Mechanical, Lighting, Solar PV, Solar Thermal, Water Treatment & Controls Upgrade Projects

Specifications.”

4. Projects 1 (controls optimization), 2 (domestic hot water) and 3 (garage VFD) at the Corman FB, 6230 Van Nuys Blvd., Los Angeles (Van Nuys), CA, in accordance with the J.C. Corman Federal

Building Mechanical and Controls Upgrade Projects Scope of Work and Concept Design”, and

5. Projects 2 (domestic water) and 3 (temperature setback) at the SSA building, 6303 Rugby Ave., Huntington Park, CA, in accordance with the “Social Security Building 6303 Rugby Avenue

Mechanical and Controls Upgrade Projects Scope of Work and Concept Design”, and

Work is design-build. The Contractor must employ qualified engineers to finalize design for approval, and stamp final approved drawings. Final design and implementation must accomplish promised energy savings.

The Contractor must propose guaranteed savings associated with the measures. The Government’s objective is to retain at least 10% of guaranteed savings, more if possible. Energy studies will also be provided for informational purposes with redacted installation costs. The Contractor is required to submit guaranteed savings for the 300 N. Los Angeles Street/Roybal work using the spreadsheet format provided. Guaranteed savings must consider loan payment costs (interest and principal) for construction work, measurement and verification costs, and repair costs for equipment installed under this contract.

Guaranteed savings need not consider plant operations and maintenance costs, and repair costs for equipment not installed under this contract, as these will be assumed to equal costs the Government would have incurred otherwise.

Utility cost projections may assume the following escalations:

LADWP: Assume an increase of 4.7% on July 1, 2012, and a 6% increase on July 1, 2013 (this is due to an actual announced rate increase). Assume zero rate increase in 2014. After that assume 2.5% per year.

For natural gas and water/sewer assume 3% annual increases.

Payments will be monthly in arrears for both operations and maintenance, and for loan and M&V payments.

The Government intends to hire an independent commissioning agent (CxA). The Contractor must cooperate with the CxA, provide operators to perform tests for the CxA to witness, make corrections and adjustments to controls as requested by the CxA, and perform re-testing as needed. The Contractor may be charged the direct cost to the Government of having the CxA re-test where tests were initially failed.

The Contractor is responsible for any needed point-to-point checks, and pre-functional testing to include development of check sheets. The CxA will develop functional performance tests and give a copy of these to the Contractor in advance of testing.

The Government is migrating building automation systems into the GSA network, after which they will be treated as agency IT systems. This is in progress for the 300 N. Los Angeles Street/Roybal and the

Hawthorne FB. The architecture will involve shared virtual servers for each product line of equipment – e.g., a Siemens server for all Siemens buildings in the GSA region, a Delta server for all Delta systems in the region, etc. Once systems are migrated Contractor and subcontractor personnel needed to access the server must:

1. Have HSPD-12 clearance (begin process immediately after contract award);

2. Request and obtain account log-ins as needed;

3. Be assigned a GSA laptop to log in to the system;

4. Coordinate all server activities with GSA’s systems support Contractor;

5. Follow GSA protocols for numbering device ID numbers, network numbers, IP addresses, assigning point names, and similar data and communications management protocols.

The Government anticipates these systems to be migrated by the end of the design phase of this contract.

The Corman FB building automation system is obsolete. This system will probably not be migrated until an upgrade project is done at some point in the future. The Contractor must work with the system as it is.

Additional HVAC-related work within the buildings covered by this solicitation may be identified (by

GSA or by the Contractor) post-award, and may by mutual agreement be negotiated into the contract.

Financing for such work may be by separate financing or by re-financing to a larger dollar amount. This is in addition to proposal of pre-award value-added measures.

C.2 ENERGY CONSERVATION MEASURES (ECMs)

C.2.1 Mandatory and Value-Added ECMs

The measures itemized in C.1 are mandatory. Price schedule must be completed with bid prices for each measure. A savings guarantee must be offered for each measure (savings guarantee can be negative for any given measure so long as in the aggregate there is an overall savings, and so long as the government retains at least 10% of the guaranteed savings).

The price schedule contains factors that must be completed. These set maximum rates for (1) value-added measures proposed, and (2) any negotiated changes to the contract.

Contractor proposals may contain value-added measures. Unless the Government indicates otherwise these should be limited to HVAC, controls and domestic water systems related measures. Offerors are strongly advised to notify the Government in advance of potential measures to minimize wasted effort in case the Government does not want to pursue such measures. The Government retains discretion whether to pursue, or give evaluation credit for, value-added measures. The Government will not disclose proposed value-added measures except those included in a final contract award.

C.2.2 Restrictions on Proposed ECM's

ECMs installed by the Contractor shall not:

1. Jeopardize the operation or environmental conditions of dedicated computers or computer rooms;

2. Increase water consumption; e.g., once through fresh water cooling systems

(Note: evaporative cooling technologies may be considered where environmentally appropriate);

3. Result in an adverse effect upon the quality of the human environment or violate any

Federal, State, or local environmental protection regulations;

4. Degrade performance or reliability of existing Government equipment;

5. Reduce extra capacity that was intentionally included for future growth, mobilization needs, safety, or emergency back-up;

6. Violate current versions of national codes (e.g., National Electric Code, Uniform

Building Code, etc. , State or local building codes; See Section C.5.2); or

7. Creates unsafe conditions or otherwise adversely impacts government facilities, operations, and/or personnel;

6. Disrupt life safety systems.

Any additional restrictions on ECMs will be specified in contracts issued against the contract.

C.3 FACILITY PERFORMANCE REQUIREMENTS OF ECMs

Installed ECMs shall meet the performance requirements specified below:

C.3.1 Environmental Conditions: Modifications to environmental control systems shall not be permitted to exceed the ranges for Standards of Service specified in Paragraph C.3.2.

C.3.2 Standards of Service: Installed ECM's shall comply with the Standards of Service required for facilities as specified in each contract. The standards of service will include acceptable temperature and humidity ranges, air quality parameters, and other related factors.

C.3.2.1 HVAC Systems

(a) Occupied Areas: while occupied spaces must comply with the thermal comfort and ventilation standards established by ASHRAE Standards 55 and 62. Unoccupied spaces may be set back, but must be able to achieve comfort standards quickly after occupancy.

No setbacks permitted in computer rooms.

C.4 MEASUREMENT AND VERIFICATION OF ECM PERFORMANCE

C.4.1 Measurement and Verification Plan

Measurement and Verification standards are established by FEMP “M&V Guidelines: Measurement and

Verification for Federal Energy Projects” (version 3.0), and ASHRAE Guideline 14.

To the greatest extent possible continuous trending should be used to support M&V. The Government has licensed DataEye (a Tridium add-on) as a data management tool. Data interchange between systems such as Delta and Siemens to the DataEye database can be arranged. Therefore use of this tool is recommended but not required.

The 300 N. Los Angeles Street/Roybal facility is currently licensed for PACRAT, and has PACRAT configured. When the building is migrated into the network and data collection begins, PACRAT should be incorporated into the M&V protocol for this facility. The Government will be responsible for periodically collecting the data and having it processed by Facility Dynamics Engineering (the PACRAT vendor). The Contractor is responsible for additional configuration to match work under this contract and for incorporating PACRAT results into the M&V Plan.

The Contractor must submit for approval a M&V Plan. The 300 N. Los Angeles Street/Roybal chiller plant project, and the controls optimization at the Hawthorne and Corman buildings, must use Option B.

Continuous trending must be established to demonstrate that the HVAC water-side sytems operate at the designated efficiencies under various load conditions. The SSA Building work, and the garage VFDs and domestic water measures may use Option A.

The M&V Plan must define in detail trends, polling rates and calculations to be used to verify performance.

C.4.2 M&V Post-Installation Report and Annual M&V Reports

The Contractor shall prepare and submit a Post-Installation Report to the Government pursuant to the

Post-Installation Reporting Requirements and Submittals verifying that installed ECMs demonstrate the guaranteed annual energy, energy-related, and water cost savings specified in the awarded Delivery

Order. The approval by the Government of this Post-Installation Report shall constitute Government

Acceptance of the Contractor’s energy savings performance guarantee.

The Contractor shall prepare and submit an Annual Measurement and Verification Report to the

Government including data and calculations that demonstrate that continued ECM performance achieves the guaranteed annual energy, energy-related, and water cost savings as required by the contract. Where the savings are not demonstrated to comply with the guarantee, to include any portion of guaranteed savings retained by the Government, the Contractor shall propose a performance deduction to be taken from subsequent payments (up to 100% of subsequent payments may be withheld until the savings shortfall is made up). The Government may dispute the Contractor’s claims or calculations in the M&V

Report. In the event that any dispute cannot be resolved informally it will be resolved subject to the

Disputes clause of the contract.

C.5 INSTALLATION REQUIREMENTS FOR ECM's

C.5.1 Design and Construction Package

1. The Contractor shall prepare and submit a design and construction package to the

Government for review and approval prior to starting ECM installation in accordance with the contract reporting requirements checklist. The design and construction package shall be certified by a registered engineer to assure compliance with applicable building codes and Federal agency design standards. The contract will specify site specific requirements of the design and construction package. The Contractor is responsible for the technical adequacy of its work. Acceptance of the design and construction package by the Government shall not relieve the Contractor from responsibility for adequacy of its design and installation work.

2. The design and construction package shall be prepared and include at least the following:

a. Manufacturer's Data For all ECM equipment to be installed the Contractor shall provide the manufacturer's descriptive literature of equipment including drawings, diagrams, performance and characteristic curves, and catalog cuts.

b. Design Specifications The Contractor shall identify and reference design specifications applicable to installed ECMs.

c. Construction Drawings Construction drawings shall be prepared by the

Contractor, subcontractor, or any lower-tier subcontractor showing in detail:

● The installation (i.e., form, fit, and attachment details) of the interface between ECM equipment and existing Government equipment.

● The location of installed equipment on building floor plans.

● Certification of ECM Compliance with Building Codes and Standards. The

Contractor shall provide registered engineer certification that ECMs comply with all applicable building codes and standards. ECM installation plans submitted to the Agency Contracting Officer without evidence of the professional engineer (PE) certification shall be returned for resubmission.

d. Planned Service Interruptions If any utility services must be discontinued temporarily to perform work, such interruptions shall be described and indicated on the project installation schedule. The description shall include the length of the interruption, its time (date, day of week, time of day, etc.), and a justification.

e. Site Plan and Compliance with Exterior Architectural Plan N/A

f. Acquisition of Permits For any ECM installation requiring permits from regulatory agencies (i.e., hot-work permit for welding), the Contractor shall provide its plan and schedule for acquiring such permits.

g. Installation Schedules The installation schedule shall show the order in which the Contractor proposes to perform the work and the dates on which the

Contractor contemplates starting and completing all major milestones (including acquiring materials, equipment, permits). The schedule shall be in the form of a progress chart of suitable scale to indicate the amount of work scheduled for completion by any given date during the installation period.

3. Design documents at the following levels of completion shall be submitted for

Government approval:

50%

90%

100% review draft

Final stamped drawings

Submission may be electronic only for all but the final stamped drawings. Final stamped drawings shall include two paper sets as well as .DWG and .PDF electronic files of drawings (.PDF files for all documents other than drawings and points lists; Excel for points lists). Assume 2 week review time by the Government for each submission. The Government may grant approval to order major equipment before final design approval, subject to receipt of bonds and any other requirements necessary to grant a partial notice to proceed. Similarly the Government may grant partial notice to proceed for some measures prior to approval for other measures.

C.5.2 Design and Construction Standards

1. Design and construction must comply with the following standards (and standards incorporated into the referenced standards):

● National Fire Protection Association (NFPA) 70 (NEC), 72, 241. For applicability of other NFPA standards see P100 “Facilities Standards for the Public Buildings

Service” (2010).

International Building Code

International Fire Code

International Plumbing Code

International Mechanical Code

State and local structural and seismic standards

● ASHRAE Standards 15, 55 and 62.

● Occupational Safety and Health Administration regulations

EPA refrigerant control and waste disposal regulations

State and local waste disposal regulations

● South Coast Air Quality Management District regulations

Local utility rules and regulations

2. If conflicts between designated applicable codes and/or standards exist, the Agency

Contracting Officer's Representative and applicable authority having jurisdiction shall determine the appropriate code to follow.

C.5.3 ECM Quality Control Inspection Program

1. The Contractor shall be responsible for quality control during installation of ECMs. The

Contractor shall inspect and test all work performed during ECM installation to ensure compliance with the contract's performance requirements. The Contractor shall maintain records of inspections and tests, including inspections and tests conducted by or for utility or other regulatory agencies. The Contractor shall prepare a Quality Control Inspection

Program for review and acceptance by the Government.

2. The ECM Installation Quality Control Inspection Program shall detail the procedures, instructions, and reports that ensure compliance with the contract and this IDIQ contract.

This plan shall include as a minimum:

a. The quality control organization, in chart form, showing the relationship of the quality control organization to the Contractor's organization.

b. Names and qualifications of personnel in the quality control organization.

c. Area of responsibility and authority of each individual in the quality control organization.

d. A listing of outside organizations, such as testing laboratories, architects, and consulting engineers that will be employed by the Contractor, and a description of the services these firms will provide.

e. Procedures for reviewing all shop drawings, samples, certificates, or other submittals for contract and indefinite quantity contract compliance, including the name of the person(s) authorized to sign the submittals for the Contractor, as complying with the contract and indefinite quantity contract's requirements.

f. An inspection schedule, keyed to the installation schedule, indicating necessary inspections and tests, the names of persons responsible for the inspections and tests, and the time schedule for each inspection and test.

g. The procedures for documenting quality control operations, inspection, and testing, with a copy of all forms and reports to be used for this purpose. The

Contractor shall include a status log listing all submittals required by the inspection plan and stating the action required by the Contractor or the

Government.

h. The Quality Control Inspection Program Plan shall be submitted to the COR for review and approval as a separate stand-alone document after award of the contract, along with the required Design and Construction Package. The initial

Government review will be completed within fifteen (15) working days of its receipt. The Contractor shall then submit any revisions within fifteen (15) working days after receipt of the Government's notice or request for clarification.

After receipt of the requested revised Contractor information, the Government's review and approval shall be completed within fifteen (15) working days.

C.5.4 ECM Commissioning

The Government anticipates hiring an independent commissioning agent (CxA), funded separately from this contract. Failure of the Government to hire such CxA does not relieve the Contractor of requirements otherwise in place.

Responsibilities of the independent CxA:

1. Conducting commissioning meetings beginning about a month before estimated substantial completion, and running through completion of testing and reduction of the issues list to a limited number of minor issues (as determined by the Government). Prepare agendas and minutes for such meetings.

2. Preparation of the Commissioning Plan and functional performance tests.

3. Witnessing functional performance tests.

4. Maintaining the issues log.

5. Review of the Contractor’s pre-functional testing checklists.

6. Review of the Contractor’s measurement and verification plan (M&V Plan).

7. Periodic physical inspections.

8. Review of the Contractors Post-Installation Report.

9. Submission of letter reports during course of commissioning.

10. Submission of final commissioning report to include all FPT checklists.

11. Review of design documents, submittals and record documents.

12. Updating the existing HVAC systems manuals.

Commissioning-related responsibilities of the Contractor:

1. Attending commissioning meetings beginning about a month before estimated substantial completion, and running through completion of testing and reduction of the issues list to a limited number of minor issues (as determined by the Government). Review minutes for accuracy.

2. Review and comment on the Commissioning Plan and functional performance tests.

3. Operate systems for functional performance testing.

4. Make minor corrections during testing at direction of the CxA, and otherwise promptly resolve issues entered onto the issues log.

5. Prepare and submit for approval pre-functional testing checklists.

6. Prepare and submit for approval a measurement and verification plan (M&V Plan).

7. Escort CxA for periodic physical inspections.

8. Prepare and submit for approval the Post-Installation Report.

9. Submit RFIs as necessary during design and construction.

10. Review and comment on draft final commissioning report from CxA.

11. Submit accurate design documents, submittals and record documents as described elsewhere herein.

12. Set up trends as necessary for commissioning and M&V.

13. Respond to the CxA’s questions about the construction process, equipment, design and functioning of the system.

If additional functional performance testing is required due to test failures the Contractor shall be responsible for compensating the Government for the direct cost of hiring the CxA for such retesting.

If relatively small measures are completed prior to the 300 N. Los Angeles St/Roybal central plant then commissioning of such measures may be postponed and done concurrently with the major central plant commissioning for purposes of efficiency.

Work under this contract will not be accepted, and payments may not begin, until commissioning is complete to include resolution of all issues log items. In addition, after the system is shown to be working in a stable manner (but before all issues log items necessarily need to be resolved) a trending and analysis protocol will be implemented by the CxA – this must show that 30 days of trending demonstrate consistent stable operation.

C.5.5 Environmental Protection

ECMs shall cause no adverse impacts upon the quality of the human environment. Impacts on air quality

(pollutants, noise level, and odors or fumes) and potable water use are examples of potential areas of concern at the project site. Any planned building modifications shall comply with the National

Environmental Policy Act (NEPA) and other applicable Federal, state and local environmental protection regulations. The contract will identify specific known hazardous waste handling and storage.

The Contractor shall comply with applicable Federal, state and local laws and with the applicable regulations and standards regarding environmental protection. Authorized Government officials may inspect any of the Contractor's work areas on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by

Contractor negligence, the Contractor shall reimburse the Government for the amount of any fine and other related costs. The Contractor shall comply with the instructions of the cognizant Federal agencies' safety and health personnel to avoid conditions that create a nuisance or which may be hazardous to the health of Government or civilian personnel.

The Contractor shall prepare at its expense all documentation necessary to acquire permits to comply with all applicable Federal, state and local requirements prior to implementing affected ECMs in the performance of a contract.

The Contractor shall comply with 40 Code of Federal Regulations (CFR) Section 311.

C.5.6 Service Interruptions

1. For any planned utility service interruptions, the Contractor shall furnish a request to the Agency

Contracting Officer's designated representative for approval at least fifteen (15) working days in advance or as specified in the contract. The request shall identify the affected buildings and duration of planned outage. The buildings are all occupied, so outages must be outside of normal working hours.

2. The Government will coordinate with affected tenants and customers as applicable.

3. The Contractor shall immediately notify the Government of any accidental outage to utilities or

HVAC service.

C.5.7 As-Built Drawings

After completion of installation and Government acceptance of installed ECMs, the Contractor shall submit as-built drawings to the Agency Contracting Officer or his/her designated representative in accordance with agency standards or specifications identified in the contract.

As-Built drawings shall be as .DWG files (i.e., manual markup of paper copies is not acceptable). Two stamped hard-copies shall also be provided. As-built drawings shall reflect all changes and all final equipment, cable and pipe locations. Equipment must be labeled accurately.

A final organized set of O&M manuals and submittals shall be submitted, in 3-ring binders and also as an organized set of PDF files.

Final controls points lists shall be submitted as Excel spreadsheets.

Attributes of equipment installed shall be provided on a spreadsheet provided by the Government, such spreadsheet identifying attributes to be provided.

C.6 OPERATION OF ECMs

The Contractor shall operate the central plant at the 300 N. Los Angeles Street/Roybal facility from date of acceptance through the performance period of the contract. If the Government pays off financing early, the Government may at its discretion continue operations and maintenance of the central plant up to the full term of the contract. The central plant for this purpose includes:

1. Condenser water system to include pumps, piping, valves, controls (hardware), supporting electrical switchgear and other infrastructure.

2. Cooling towers to include motors, fans, pipinig, valves, controls (hardware), supporting electrical switchgear and other infrastructure.

3. Chilled water system to include motors, fans, pipinig, valves, controls (hardware), supporting electrical switchgear and other infrastructure.

4. Chillers to include motors, piping, valves, controls (hardware), supporting electrical switchgear and other infrastructure.

5. Boilers to include motors, piping, valves, controls (hardware), supporting electrical switchgear and other infrastructure.

6. AHU coils and control valves.

7. Water treatment systems.

The Contractor shall maintain a experienced full-time stationary engineer on site, shift to be agreed upon between the Government and the Contractor.

See Operations and Maintenance Requirements for complete requirements.

The Contractor does not have operations and maintenance requirements for equipment installed at the other buildings. The Contractor may assume that maintenance of installed equipment performed by other

Government contractors will

C.7 PREVENTIVE MAINTENANCE OF ECMs

The Contractor shall maintain the central plant (as defined above) in accordance with the Public Buildings

Maintenance Guides (90% draft, March 2012, or final version if completed at time of contract award) and its appendices, or manufacturers’ recommendations whichever are more rigorous, and in accordance with the Operations and Maintenance Requirements document.

The Contractor does not have preventive maintenance requirements for equipment installed at the other buildings.

C.8 REPAIR OF ECMs

The Contractor is responsible for repair, to include all necessary parts and labor, of all equipment installed under this contract for the duration of the performance period of the contract, unless the Contactor can demonstrate that equipment failure is the result of lack of maintenance or improper operation by the

Government or another Contractor of the Government. Significant performance deterioration requires repair the same as failure.

The Contractor shall have access to equipment covered by this contract but maintained by others for inspection purposes, subject to security clearance, building physical access and advance scheduling requirements.

The Contractor is responsible for central plant equipment, as defined above, at the 300 N. Los Angeles

Street/Roybal facility, which was not installed under this contract as described in the Operations and

Maintenance Requirements document.

See Operations and Maintenance Requirements document for other requirements.

C.9 CONTRACTOR MAINTENANCE AND REPAIR RESPONSE TIME

See Operations and Maintenance Requirements document.

C.10 MANUALS AND TRAINING

C.10.1 HVAC Operations Manuals

The Government has existing HVAC Operations Manuals for the 300 N. Los Angeles Street/Roybal and the Hawthorne facilities. These are provided for the information of the Contractor, and are anticipated to be updated following ESPC implementation by the CxA. The Contractor is responsible for providing the

CxA with information to allow the CxA to accurately update the manuals.

C.10.2 Government Personnel Training for ECMs

1. Thirty (30) days prior to the installation completion, the Contractor shall train Government personnel and/or Government Operations and Maintenance (O&M) Contractors as required to operate, maintain, and repair ECM equipment and systems in the event of emergencies.

Training Program - General Requirements: The Contractor shall provide a training program for

Government personnel and/or Government O&M Contractors for each ECM in a project. The program shall provide instruction on operation, troubleshooting, maintenance, and repair of ECMs. Training shall include both a classroom phase and a practical application phase. The course material shall include the operation and maintenance plans and manuals. The program shall be conducted at the contract's specified site(s) in facilities provided by the Government.

C.11 GOVERNMENT PROJECTS

There shall be no restriction on Government projects of any kind including those that may provide energy conservation equipment, the removal of existing energy consuming equipment, or the addition of new energy consuming equipment for mission needs. The Government shall notify the Contractor when Government projects are to be implemented which may impact the installation or operations of

Contractor-installed ECMs. If the Government project affects determination of annual energy savings, then a baseline adjustment will be negotiated and incorporated into the contract by modification.

C.12 UTILITY FINANCIAL INCENTIVES

The Contractor shall be responsible for determining the source, value, and availability of any applicable financial incentives from servicing utilities for which the Government might be eligible, and shall prepare application documentation with all technical data required. Documents shall be provided to the

Government for finalization and submission. The Government will retain incentive payments. The

Government may charge the Contractor for the cost of lost incentives if incentives are lost due to negligence by the Contractor.

C.13 AVAILABILITY OF UTILITIES

The Contractor may make reasonable use of utilities (electricity, water) as needed for completion of construction work. The Contractor shall make reasonable efforts to conserve energy and water.

C.14 GOVERNMENT FURNISHED PROPERTY AND CONTRACTOR FURNISHED

MATERIAL

The Contractor shall provide all materials and supplies necessary to perform the work as specified in the contract. Materials and supplies provided shall be of acceptable industrial grade and quality and in compliance with any applicable standards. All such materials and supplies must be compatible, and operate safely within design parameters of existing systems equipment.

The Government will provide limited office and storage space during construction. During the performance period (after acceptance) an operations and maintenance office and reasonable parts storage areas will be provided in the basement plant area.

C.15 CONTRACTOR EMPLOYEES

Contractor employees must:

1. Have HSPD-12 clearance for unescorted access.

2. Follow badging and site access requirements specific to each building.

3. Coordinate on-site activities in advance with the project manager.

4. Comply with specific agency clearance and access requirements for specific agencies with special requirements.

5. Conduct themselves in an orderly and nondisruptive manner, and not disrupt unnecessarily disrupt building occupants.

C.16 FIRE PREVENTION

The Contractor shall ensure that its employees shall know how to activate a fire alarm. The Contractor shall observe all requirements for handling and storing combustible supplies, materials, waste and trash.

Contractor employees operating critical equipment shall be trained to properly respond during a fire alarm or fire in accordance with the applicable agency's fire prevention procedures, rules or regulations as identified in the contract. The Contractor shall obtain all required welding permits prior to any welding.

C.17 SALVAGE

All material and equipment removed or disconnected during the implementation phase of a contract issued under this contract shall remain the property of the Government and shall be included in the proposal for each ECM. The Government will identify the equipment it wants stored. Any material and equipment not to be stored and all debris resulting from work under a contract shall be removed from the site by the Contractor at his expense. eWaste and other materials removed shall be recycled to the greatest extent possible, and in all cases disposed of in accordance with EPA, state and local requirements.

C.18 ASBESTOS

In areas that might have asbestos containing materials (ACMs) prior to beginning demolition work the

Contractor shall mark areas to be demolished or disturbed. The Government will test as appropriate and arrange for necessary abatement. If ACMs or suspected ACMs are found inadvertently during construction work should be stopped and the Government immediately notified.

C.19 DISPOSAL OF NONHAZARDOUS WASTE

Nonhazardous debris, rubbish and unusable material resulting from the work shall be removed from agency property and properly disposed or recycled by the contractor, following state and local regulations. Materials shall be recycled to the greatest extent practicable. The Contractor shall consult with the Government regarding removed equipment that is in serviceable equipment, and store for the

Government’s use if the Government requests that it be retained.

C.20 SAFETY REQUIREMENTS

All work shall be conducted in a safe manner and shall comply with the requirements in OSHA and the

Accident Prevention clause this contract. The Government will not provide safety equipment to the

Contractor. Additional safety requirements may be included in contracts based on individual Federal agency implementing regulations, and/or specific requirements of the contract projects.

Other specific requirements relative to safety are as follows:

(a) Prior to commencing work, the Contractor shall meet with the COR to agree on the safety program. The Contractor shall submit for approval a safety plan prior to being granted notice to proceed.

(b) The Contractor's workplace may be inspected periodically for OSHA violations.

Abatement of violations shall be the responsibility of the Contractor and/or the

Government as determined by the Agency Contracting Officer. The Contractor shall provide assistance to the Government representative and Federal or state OSHA inspector if a complaint is filed. Any fines levied on the Contractor by Federal or state OSHA offices due to safety/health violations will be paid promptly by the Contractor.

(c) All accidents resulting in injury or property damage must be reported within 24 hours.

C.21 SECURITY REQUIREMENTS

(a) Passes and Badges: All Contractor employees needing unescorted access must obtain an

HSPD-12 clearance and building badge.

(b) Contractor Vehicles:

There is no employee parking at the 300 N. Los Angeles Street/Roybal site. Dock access is limited.

Hawthorne FB: Contractors may use the loading dock for locating disposal and storage containers as well loading and unloading material. Parking is available for vehicles in the east visitors lot.

Corman FB: There is no loading dock. Contractor may use the upper parking lot off Delano

Street for locating disposal and storage containers as well loading and unloading material.

(c) Contractor Access to Buildings:

1. All work and site access must be coordinate through the COR.

2. Keys may be issued to the Contractor; however, it shall be the Contractor's responsibility to make adequate arrangements for security of the building at the end of each work day. The Contractor shall be responsible for the cost of replacing any keys that are furnished to and lost by its employees. If the

Government decides that a lock must be replaced because of the loss of a key by the Contractor's employee(s), the Contractor shall pay the cost of that replacement. Similarly, the Contractor shall pay the cost of changing a combination if the Government has reasonable cause to assume that the combination has been compromised.

3. Access to tenant spaces must be scheduled with the COR at least ten (10) days in advance, unless otherwise indicated in the contract. Notice must include names of employees to be admitted, expected arrival time, and visit duration. Buildings that require an escort will be identified in the solicitation for a specific project.

All access will be during normal working hours, Monday through Friday, as specified in the contract.

(d) Contractor Access to secure areas: Certain areas of a project site may require that the

Contractor and its employees have an escort, and/or place limits on the days and times that the Contractor and its employees may work in these areas. Specific contracts will identify any such secure areas and the requirements for Contractor access to them.

C.22 WORK SCHEDULE REQUIREMENTS

The Contractor shall arrange its on-site work so that it will not interfere with normal Government business. The Contractor shall develop and submit a detailed schedule for approval prior to issuance of notice to proceed. During construction the Contractor shall also provide week-ahead schedules not later than the preceding Thursday. Significant schedule changes are subject to approval by the Government.

SECTION D - PACKAGING AND MARKING

D.1 DELIVERY AND STORAGE

The Contractor shall properly store, adequately protect and carefully handle all equipment and materials to prevent damage.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES RELATED TO INSPECTION AND ACCEPTANCE

This Section E supplements, and does not replace, any standard clauses incorporated in to the contract.

E.2 INSPECTION OF INSTALLED ECMs

E.2.1 The Government may inspect project work at will throughout the construction process, with or without representatives of the Contractor being present. The Contractor shall cooperate with inspections, and accompany Government inspectors on request when the Government provides reasonable notice (typically day-ahead will be regarded as reasonable).

E.2.2 The Contractor shall notify the Government of anticipated final completion of each measure at least 15 calendar days ahead, and request final inspection of that measure. Measures will not be accepted until inspected, commissioned and all relevant record documents are received.

E.3 ACCEPTANCE

E.3.1 Partial Project Acceptance – There will be no partial project acceptance. Work is accepted and payments begin when all measures are accepted.

E.3.2 Full Project Acceptance

After installation of all ECMs the agency will notify the contractor in writing of full project acceptance which will constitute the start of the post-acceptance performance period and commencement of contractor payments. Agency acceptance, for purpose of payment, in accordance with Section G, occurs when the following are completed:

1. Physical inspections have occurred;

2. Commissioning is complete, to include 30 days of trending demonstrating stable controls operation;

3. All deficiencies noted by inspection or commissioning have been corrected;

4. All record documents (as-built drawings, manuals, product literature, points lists, etc.) have been received and accepted;

5. All required training has been conducted;

6. Post-Installation report has been received and accepted;

7. All other contract requirements, required before the end of construction, have been completed.

Two weeks should be allowed for review and approval of deliverables. The Government may, at its discretion, approve subject to revision submittals with minor deficiencies in lieu of rejection.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All time periods are calendar days unless working days is indicated. This list provides required dates to reach selected milestones only and is not a comprehensive list of requirements.

Submit 50% design drawings (all measures) with specifications: 60 days after contract award.

Submit 90% design drawings (all measures) with specifications, equipment submittals, measurement and verification plan, and safety plan: 30 days after approval of 50% submittal

Submit 100% draft design drawings (all measures) with specifications, equipment submittals, measurement and verification plan, safety plan and ECM quality control inspection program: 15 days after approval of 90% submittal

Submit final stamped design drawings (all measures): 10 working days after approval of 100% draft.

Submit payment and performance bonds not later than date of submission of final stamped design drawings (and before any construction work can proceed).

Substantial completion of all work is required by July 31, 2013.

Final completion of all work, correction of all deficiencies, and submission of all deliverables, so as to permit Acceptance of all measures, is required by September 30, 2013.

Initial payment will be 30 days after Acceptance, or 30 days after GSA Finance receipt of a correct invoice, whichever is later.

F.2 LOCATIONS OF PERFORMANCE

Federal Building, 300 N. Los Angeles Street, Los Angeles, CA

Roybal USCH, 255 E. Temple Street, Los Angeles, CA (adjoins 300 N. Los Angeles St.)

Corman FB, 6230 Van Nuys Blvd., Los Angeles, CA

Hawthorne FB, 15000 Aviation Blvd., Hawthorne, CA

Social Security Building, 6303 Rugby Avenue, Huntington Park, CA

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT CONTRACT ADMINISTRATION ROLES

Contracting Officer: Rene Latosa

Contracts Specialist: Thuy Ta

Project Manager/COR: Kristine Walker

Program Manager: Mark Levi

Senior Building Manager: Reggie McNulty

G.2 INVOICING INSTRUCTIONS

In addition to other instructions found in contract clauses, the Contractor shall:

1. Submit invoices to the GSA Finance address indicated on a monthly basis.

2. Payments will be in arrears for both financing (loan payments) with M&V, and for O&M services.

3. Invoices must clearly indicate contract number, PDN number, and name and address of

Contractor exactly as indicated on the contract.

4. Invoices must itemize principal, interest, M&V services, and O&M services separately.

G.3 PAYMENT TO THE GOVERNMENT FOR GUARANTEED ANNUAL SAVINGS

SHORTFALL

G.3.1 If the contractor fails to meet the guaranteed annual savings at Schedule 1 column

(e) and as verified by the M&V documents, the agency shall adjust the payment schedule, as necessary, to recover the agency’s overpayments in the previous year and to reflect the lower performance level into the current year. Recovery of overpayments in the previous year will usually be taken by deductions of up to the full invoice value for the number of months necessary for the recover.

G.3.2 When the ECM performance level is restored, the agency will adjust the contractor payment schedule accordingly.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TITLE TO AND RESPONSIBILITY FOR CONTRACTOR-INSTALLED PROPERTY

Title to all equipment installed by the Contractor shall be vested in the Government after Acceptance by the Government, and shall not relieve the Contractor’s responsibility for ECM performance.

H.2 REQUIRED INSURANCE

The Contractor shall procure at its expense and maintain during the entire period of performance the following minimum insurance coverage:

1. Comprehensive general liability: $1,000,000 per occurrence.

2. Automobile liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

3. Workman’s compensation: As required by Federal and state workers’ compensation and occupational disease statutes.

4. Employer’s liability coverage: $100,000 except in states where workers’ compensation may not be written by private carriers.

5. Other insurance as required by State law.

H.3 ASSIGNMENT OF PAYMENTS

Requests for assignments of monies due or to become due, provided the assignment complies with the

Assignment of Claims Act, will not be denied without good reason.