Clause_Matrix_ACAD_Masonry_06042015.docx

TABLE OF CONTENTS

PART I – The Schedule

52.246-12 Inspection of Construction (Aug 1996)

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

52.211-12 Liquidated Damages—Construction (Sept 2000)

52.211-13 Time Extensions (Sept 2000)

52.211-18 Variation in Estimated Quantity (Apr 1984)

52.242-14 Suspension of Work (Apr 1984)

1452.201-70 Authorities and Delegations (Sept 2011)

1452.204-70 Release of Claims (Jul 1996)

DIAPR 2010-14 Contractor Performance Assessment Reporting System (Jul 2010)

DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (Apr 2013)

IMR 2009-01 Prohibition of All Terrain Vehicles (ATV)s - Intermountain Region (June 2009)

Special Clause 1: Option for Additional Services—Separately Priced Line Items

Special Clause 2: Key Personnel

Liability Insurance Requirements

Local Clause -- 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Feb 2015)

PART II – Contract Clauses

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (Apr 20100

52.203-14 Display of Hotline Poster(s) (Dec 2007)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

1452.203-70 Restriction on Endorsements—Department of the interior (Jul 1996)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

52.204-13 System for Award Management Maintenance (Jul 2013)

52.204-14 Service Contract Reporting Requirements (Jan 2014)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

52.210-1 Market Research (Apr 2011)

52.215-2 Audit and Records—Negotiation (Oct 2010)

1452.215-70 Examination of Records by the Department of the Interior (Apr 1984)

52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997)

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications (Aug 2011)

52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications (Oct 2010)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (Jul 2005)

52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications – Alternate IV (Oct 2010)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)

52.219-8 Utilization of Small Business Concerns (Oct 2014)

52.219-9 Small Business Subcontracting Plan (Oct 2014) —Alternate II (Oct 2001)

52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999)

52.219-25 Removed, effective Oct 2014

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation (May 2014)

52.222-6 Construction Wage Rate Requirements (May 2014)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (May 2014)

52.222-9 Apprentices and Trainees (Jul 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination—Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (May 2014)

52.222-21 Prohibition of Segregated Facilities (April 2015)

52.222-26 Equal Opportunity (April 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015)

52.222-35 Equal Opportunity for Veterans (Jul 2014)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans (Jul 2014)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (March 2015)

52.222-54 Employment Eligibility Verification (Aug 2013)

52.222-55 Minimum Wages Under Executive order 13658 (Dec 2014)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013)

52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I (Jan 1995)

52.223-5 Pollution Prevention and Right-to-Know Information (May 20110

52.223-6 Drug-Free Workplace (May 2001)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products (May 2008)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.225-9 Buy American—Construction Materials (May 2014)

52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-4 Patent Indemnity—Construction Contracts (Dec 2007)

52.228-1 Bid Guarantee (Sep 1996)

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance—Work on a Government Installation (Jan 1997)

52.228-11 Pledges of Assets (Jan 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds—Construction (Oct 2010)

52.229-2 North Carolina State and Local Sales and Use Tax (Apr 1984)

52.229-3 Federal, State, and Local Taxes (Feb 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-27 Prompt Payment for Construction Contracts (May 2014)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (July 2013)

52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes—Alternate I (Dec 1991)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-1 Performance of Work by the Contractor (Apr 1984)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-4 Physical Data (Apr 1984)

52.236-5 Material and Workmanship (Apr 1984)

52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-8 Other Contracts (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

52.236-11 Use and Possession Prior to Completion (Apr 1984)

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

52.236-14 Availability and Use of Utility Services (Apr 1984)

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-21 Specifications and Drawings for Construction (Feb 1997)

52.236-26 Preconstruction Conference (Feb 1995)

1452.236-70 Prohibition Against Use of Lead-based Paint (July 1996)

52.242-13 Bankruptcy (July 1995)

52.243-4 Changes (June 2007)

52.244-6 Subcontracts for Commercial Items (April 2015)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering—Construction (Oct 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)—Alternate I (Sept 1996)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

PART III – List of Documents, Exhibits, and Other Attachments

PART IV – Representations and Instructions

Local Clause 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015)

52.204-8 Annual Representations and Certifications (Dec 2014)

52.204-17 Ownership or Control of Offeror (Nov 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Dec 2014)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

52.236-28 Preparation of Proposals – Construction (Oct 1997)

Instructions for the Submission of Offers and Other Information

52.204-7 System for Award Management (Jul 2013)

52.204-16 Commercial and Government Entity Code Reporting (Nov 2014)

52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014)

52.211-6 Brand Name or Equal (Aug 1999)

52.215-1 Instructions to Offerors1—Competitive (Jan 2004)

52.215-16 Facilities Capital Cost of Money (June 2003)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984)

52.216-1 Type of Contract (Apr 1984)

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

1452.233-2 Service of Protest Department of the Interior (Sept 2006) Deviation (JUL 1996)

52.236-27 Site Visit (Construction) (Feb 1995)

52.236-27 Site Visit (Construction)—Alternate I (Feb 1995)

52.252-5 Authorized Deviations in Provisions (Apr 1984)

Significant Factors and Subfactors

Special Provision 1: Evaluation of Options Exercised at Time of Contract Award

Special Provision 2: Evaluation of Options

SECTION B – SUPPLIES OR SERVICES AND PRICES

CONTRACT FIRM-FIXED PRICE GRAND TOTAL:

P15PS00500

Document Title

ACAD-201824 REHABILITATE EXTERIOR MASONRY ON HISTORIC ROCKEFELLER BUILDING

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

SECTION 011000 – SUMMARY OF WORK

PART 1 - GERNERAL

1.1 PROJECT INFORMATION

A. Project : Rehabilitate Exterior Masonry on Historic Rockefeller Building Park Alpha Code: ACAD PMIS Number: 201824 United States Department of the Interior, National Park Service Acadia National Park P.O. Box 177, Eagle Lake Road Bar Harbor, Maine 04609-0177 B. Project Location: 9 Atterbury Circle, Winter Harbor, ME 04693. See Vicinity Map on Drawings.

C. Project Information: Any Project Information, including that requested through a Request For Information (RFI) shall be transmitted by e-mail in the appropriate, standard government format per the type of document being transmitted Pending the size of the electronic data file(s), the Government may elect to utilize its FTP site where the receiver must be invited by the Government to access and retrieve the information and the receiver must accept all conditions and regulations relating to such.

1.2 SUMMARY

A. The Project involves the exterior masonry rehabilitation of the Rockefeller Building. Work consists of:

1. Selective Demolition of selected materials to allow completion of work.

2. Masonry Repointing.

3. Flashing and sheet metal work.

4. Selective replacement of historic clay roof tiles.

5. Installation of various metal and masonry sealants.

6. Miscellaneous painting and coatings.

B. The Work of the Project consists of furnishing all materials, labor, equipment and supervision as required for the Project.

C. This Section includes the following:

1. Project Information

2. Summary of Project

3. Definitions

4. Buy American Act

5. Site Examination

6. Field Verification

7. Work covered by the Contract Documents, including this Project Manual and Contract Drawings, SUMMARY OF WORK 011000 - 1/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

8. Work Phases

9. Work under other contracts

10. Work Restrictions / Use of Premises, including Government and, the public and other party occupancy requirements

11. Historic Nature of Project

12. Archeological Findings

13. Hazardous Materials

1.3 DEFINITIONS

A. The Owner is the United States Government, Department of the Interior, National Park Service.

B. Contracting Officer shall mean the official Government Representative for the Project: The Government's Representative, the Contracting Officer, shall be assigned by the Government and made known to the Contractor by the time of the Preconstruction Meeting.

1. The designation of Contracting Officer (CO) includes:

a. Contracting Officer's Representative (COR).

b. Any other designated person as selected by the Government.

2. Communication will be covered at the Preconstruction Meeting, see Division 01, Section 013100 - Project Management and Coordination.

C. See Division 01, Section 012700 - Definitions of Contract Line Items for the Contract Price Schedule, which is to be submitted with the Bid.

D. Contract Documents include:

1. Drawings, architectural and engineering, produced for the Project. See Table of Contents.

2. This Project Manual, which contains the Specifications for the Project.

1.4 BUY AMERICAN ACT

A. The Project shall be compliant with the "Buy American Act - Subpart 25.2 Construction Materials". A copy of the Act is available at: https://www.acquisition.gov/far/current/html/Subpart%2025_2.html

1.5 SITE EXAMINATION

A. The Contractor is strongly encouraged to visit and examine the existing conditions of the Project prior to submission of bid in order for the Contractor to better understand the Work, and aid in forming any questions the Contractor may have prior to the submission of bid.

B. Contracting Officer will notify and hold an organized site visit. Exterior of the facility is open for inspection without prior arrangement. No inquiries for additional information directly to facility occupants or facility managers will be honored. Inquiries should be addressed to the contracting Officer.

SUMMARY OF WORK 011000 - 2/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

1.6 FIELD VERIFICATION

A. The Contractor shall verify all existing conditions and new and existing dimensions prior to the commencement of work and/or ordering of products and materials that may affect the Work of this contract. Any and all discrepancies shall be forwarded to the Contracting Officer in writing for clarification prior to the commencement of work. Any work performed prior to said clarification, particularly and including that which may require correction shall be corrected by the Contractor with no additional costs to the Contract and / or Government and no time extension shall be made to the Contract Schedule.

1.7 WORK COVERED BY THE CONTRACT DOCUMENTS

A. The Work of this Contract shall be carried out as indicated on the Drawings, as specified herein and as required by field conditions and applicable regulatory requirements. Bids to be lump sum and include all costs associated with completing the associated work. In general the Work consists of, but may not be limited to, the following:

B. Base Bid

1. Division 1: General Requirements

2. Division 3: Concrete Restoration

3. Division 4: Masonry Restoration

4. Division 5: Metals

5. Division 6: Miscellaneous Rough Carpentry

6. Division 7: Custom Clay Roof Tile

7. Division 7: Sheet Metal Flashing and Trim

8. Division 7: Joint Sealants C. Bid Options

1. Flat Roofs and Chimneys

2. Steel and Wood Lintels

3. Cypress Sealer

4. Concrete Replacement D. Project will be constructed under a single prime contract. See Article 1.8 - Work Under Other Contracts below, this Section.

E. Work shall be completed as shown on the Drawings, as specified in the Technical Specifications, which is this Project Manual, and as required by all applicable prevailing codes, including but not limited to the International Building Code, latest edition, and other construction codes, as applicable, referenced therein, as reasonably practicable, as determined by the Government. However preserving the Historic Fabric of the Structure is paramount. See Article 1.12 - Historic Nature of Project, Project Site and Surrounds below, this Section. Job conditions may also determine Work.

SUMMARY OF WORK 011000 - 3/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

F. In the event of a discrepancy between the requirements of the Technical Specifications and/or Drawings and the Federal Acquisition Regulations (FAR), the FAR shall govern. The FAR can be accessed on the internet: https://www.acquisition.gov/far G. In case of a discrepancy either in the figures in the Drawings or in the Specifications, the matter shall be promptly submitted by Contractor to the Contracting Officer (CO), who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at his own risk and expense with no additional time and / or expense to the Government added to the Contract.

1.8 WORK UNDER OTHER CONTRACTS

A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Coordinate the Work of this Contract with work performed under separate contracts.

B. Work by Government: No Work shall be performed by the Government in conjunction with this Contract.

C. Work Under a Single Contract: All work shall be performed under a Single Contract as cited above. No other contracts shall impact the construction activities of this Contract.

1.9 GOVERNMENT FURNISHED PRODUCTS

A. Government-Furnished Products: The following products will be furnished by Government and shall be installed by Contractor as part of the Work:

1. No Materials shall be supplied by the Government for this Contract.

1.10 PROJECT STANDARDS AND APPROACH

A. Any work performed under this contract shall comply with The United States Secretary of the Interior's Standards for the Treatment of Historic Properties, with guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, available at: http://www.nps.gov/history/hps/tps/standguide B. It shall be incumbent upon the Contractor to furnish first-class mechanics and materials, take all necessary precautions and execute the Work using historic materials and skills as appropriate and specified herein and as directed by the Contracting Officer (CO) in compliance with said standards.

C. Work shall be completed as depicted by the Drawings and Technical Specifications, as specified herein, and as required by the job conditions, and the implied intent of the Project as a whole to ensure the life safety, health and well-being of all end users and preserve the Historic Fabric of the Project components.

SUMMARY OF WORK 011000 - 4/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

1.11 WORK RESTRICTIONS – USE OF PREMISES

A. Contractor's Use of Premises: During construction, Contractor will have limited use of building as indicated. Contractor's use of premises is limited only by Government's right to perform work and lease facilities use, requirements

1. Government and Government employees and public will occupy premises and adjacent areas during construction. Perform construction only during Park normal working operation hours (7:00 AM to 5:00 PM, Monday thru Friday, other than federal holidays), unless otherwise agreed to in advance by Government. Clean up work areas daily, disposal and/or recycling of materials, and return to usable condition of at the end of each work period.

2. Limits: No site or land disturbance shall occur with this project.

3. Driveways, Walkways, and Entrances: Keep driveways, pathways, pedestrian areas, sidewalks, parking garage, parking areas, loading areas, and entrances serving premises clear and available to the Government, Government Employees, the public, park visitors, and emergency vehicles at all times. Do not use these areas for staging, parking of vehicles or equipment, or storage of materials.

4. Storage of materials and products: Confine to immediate worksite as directed by Contracting Officer. Contractor is allowed a storage container on the Project Site at a location mutually agreeable between Contractor and Contracting Officer. See Division 01, Section 015000 - Temporary Facilities and Controls.

5. Preservation of Adjacent Finishes, Contents and Grounds: Throughout the entire duration of the Contract, including all Phases of the Work, confine all operations to the limits shown on the Construction Documents. Prevent damages to adjacent finishes, contents and grounds. Restore all damages, repairing and/or replacing as appropriate with no additional costs to the Government.

6. Existing Utilities and Utility Interruption: Notify Contracting Officer and utility company in writing of any proposed disturbances or planned interruptions of existing utilities. Contractor shall submit a plan of operations for utility disturbance. See Division 01, Section 015000 - Temporary Facilities and Controls.

a. Contractor shall be responsible for locating and preventing damage to known utilities. If any damage occurs, contractor shall take action relative thereto and repair utility at no additional expense to the Government. No additional time shall be added to Contract for repairs from damages. Repairs shall commence immediately and carried out expeditiously and in professional manner pursuant to and compliant with all federal, state and local codes and regulations as applicable.

b. If damage occurs to an unknown utility, Contractor shall repair and reconnect utility immediately. An equitable adjustment shall be made in accordance with the Changes clause of the Contract. Repairs shall be conducted as cited above.

c. Interruption of Existing Utility Service: Contractor shall notify Contracting Officer and Park Manager forty-eight (48) hours in advance of utility interruption, and interruption shall only be permitted with prior consent of the Contracting Officer. Two (2) hours is the maximum time allowed for planned utility disruptions unless otherwise approved by the Contracting Officer in writing. Any interruption beyond four (4) hours shall require temporary services.

d. Interruption of utilities serving facilities occupied by the Government shall be avoided.

SUMMARY OF WORK 011000 - 5/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

7. Hauling Restrictions: Contractor shall comply with all US DOT, State DOT and local legal load restrictions in the transport of all materials and products for the Project.

a. Contractor is responsible for obtaining any and all Permits, special or otherwise, required by authorities having jurisdiction that may be necessary for utilization of adjacent streets, bridges and sidewalks for construction operations.

b. Possession of a Permit by Contractor shall not relieve Contractor of liability for damage which may result from construction operations in utilization of said streets, bridges and sidewalks.

8. Contractor at all times shall conduct his operations to ensure the safety for all and minimize any inconveniences to the public. All operations shall be compliant with OSHA and other authorities’ regulations, including state and local bodies, having jurisdiction.

a. Contractor shall submit a schedule for safety meetings.

b. Contractor shall submit an emergency plan procedure for the Project.

c. Contractor shall submit an accident prevention and response plan for the Project.

d. Contractor shall possess first aid equipment on site.

B. Non-smoking Building/Premises: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor-air intakes. No debris or materials from smoking shall be present on, near or adjacent to the Project. Any smoking on the site shall be done so in a location as directed and approved by the Contracting Officer.

C. The following items are prohibited on the premises, including the Project Site and Park grounds:

1. Firearms

2. Ammunition

3. Alcohol

4. Pets

5. Personal vehicles D. Contractor’s commercial vehicles, including material and product delivery vehicles, will be allowed on the site only through coordination with Contracting Officer and Park Manager

1. All contractor and delivery vehicles shall be equipped with fire extinguishing equipment and first aid as required by U.S. D.O.T. and state D.O.T.

1.12 HISTORIC NATURE OF PROJECT, PROJECT SITE AND SURROUNDS

A. The Contractor will note and respect the historical significance of the Project, Project Site and surrounds where the work will be performed. Due to this, certain aspects of the Work of this Contract may not be performed in a manner and/or with methods commonplace in the current construction industry of today. Verify means and methods planned to be performed with Contracting Officer prior to the commencement of Work. It shall be incumbent upon the Contractor to furnish mechanics capable of executing first-class workmanship in the materials and methods specified, and who have the knowledge to take any necessary precautions to protect elements of historic significance, structural and decorative, not scheduled to receive work.

SUMMARY OF WORK 011000 - 6/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

1.13 ARCHEOLOGICAL FINDINGS

A. There may be archeological remains in the work area: Artifacts, structural features, domestic and /or archeological objects of nature, historic or prehistoric, above or sub-surface, found within the construction work area or otherwise on the premises, which are property of the Government. Should the contractor’s operation uncover, reveal or his employees find any archeological remains, the Contractor shall suspend operations at the area of discovery; notify the Contracting Officer immediately of the findings; and continue operations at other areas of the Project. Included in the notification to the Contracting Officer shall be a brief statement of the location and details of the findings. A digital photograph of the location and the object(s) may be a part of the statement. Should the temporary suspension of work at the site due to the discovery result in delays, re-mobilization or as additional work for the Contractor, he will be compensated by an equitable adjustment under the General provisions of the Contract. See Division 01, Section 013500 - Archeological Protection and Division 01, Section 013200 - Photo Documentation for Historic Projects.

1.14 HAZARDOUS MATERIALS

A. This project is not an abatement project.

B. There are ACM’s (Asbestos Containing Materials) in the “Nail-crete” roof decking and clay roof paper underlayment.

C. A Hazardous Materials Report entitled Asbestos Survey of Building 01, Naval Security Group Activity, Winter Harbor Maine, has been prepared by Dewberry & Davis LLC. The Contractor may request a copy of the Report.

D. A copy of the Report will be provided by the Government upon written request. The Contractor shall use form Request For Information (RFI) form provided in this manual.

E. If additional Hazardous Material not cited in the Report is encountered, all work shall stop in the area of the encounter and Contractor shall notify Contracting Officer immediately of discovery and its extent as known. Contractor shall not work in the encounter area until a resolution is established.

1. Contractor shall continue work in all other areas of the Project without interruption or delay.

2. Contractor shall adjust work and/or begin other work on the Project that is not dependent upon the encounter area.

F. Contractor shall follow all Federal, State and Local regulations in regard to working with and disposing of Asbestos Containing Materials.

SUMMARY OF WORK 011000 - 7/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

PART 2 - PRODUCTS

2.1 SALIENT PROPERTIES OF PRODUCTS

A. Any products cited by manufacturer within any Division Section of the Technical Specifications, this Project Manual, and/or the Drawings is for clarification purposes in order to communicate to the Contractor, delineating the minimum, mandated requirements of the salient characteristics of the product(s) and / or material(s) to be utilized in the construction activities for the Work of the Project.

B. Where an item, of equipment or material, is designated by reference to a particular brand-name, manufacturer or trade name, in the Drawings or Specifications, it shall be understood by all entities participating in the Project that the citing of such is to establish the minimum acceptable standard of quality allowed by the Government and is not intended to preclude manufacturers of similar products believed by the Contractor to possess the characteristics to the item cited.

C. The Contractor shall be required to demonstrate to the satisfaction of the Contracting Officer (CO) that the item to be utilized in the Work match and/or exceed the quality and/or durability of the item(s) referenced.

PART 3 - EXECUTION

3.1 PROJECT EXECUTION

A. The Project shall be executed and all construction activities completed by the Contractor as cited within the Contract Documents.

END OF SECTION 011000

SUMMARY OF WORK 011000 - 8/8

Acadia National Park Rehabilitate Exterior Masonry on Historic Rockefeller Building

PMIS: 201824

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 125 calendar days after commencement of work. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,000.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

SECTION G – CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.gov. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Local Clause) DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (APR 2013) Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Pay Estimate Form and Current Schedule of Values

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

IMR 2009-01 PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S - INTERMOUNTAIN REGION (JUN 2009)

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

(End of Local Clause)

LIABILITY INSURANCE REQUIREMENTS

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Employer's liability $100,000

General liability $500,000

Construction

Property damage $1,000,000

Architect-Engineer

Automobile liability

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract