Pembina Grass Restoration Total small business 21 Solicitation.pdf

GSA Solicitation No. 47PJ0021Q0033

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Simplified Acquisition Construction Contract for the grass restoration project at the Pembina LPOE in Pembina, ND.

The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representative F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

II. Prices A. Basis of Pricing

III. Terms and Conditions

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

IV. Contract Clauses

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

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I. Project Information

I.A. Project Summary

The intent of this project is to restore grass via sod and hydroseed at the Pembina

LPOE.

I.B. The Contract

(1) The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Contract Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) Unless otherwise specified, the Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 15 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than 110 calendar days from issuance of Notice to Proceed (NTP).

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 10 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

Exterior work

I.E. Authorized Representative

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA.

The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Name: Cody Lee Address: 657 2nd Ave N Fargo ND 58102

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Telephone: 701-566-6124 Email: cody.lee@gsa.gov

(2) Authorities and Limitations

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

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

I.F. Contract Liquidated Damages Rate

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

I.G. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) Statement of Work for Solicitation, 47PJ0021Q0033, 2021

(2) Construction Drawings for Solicitation, 47PJ0021Q0033, 2021

(3) Wage Determination ND20210026, 05/14/2021

CONSTRUCTION SCOPE OF WORK

U.S. GENERAL SERVICES ADMINISTRATION, ROCKY MOUNTAIN REGION 8

Date: 6/14/2021 Revision: 1.2

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Section 1: Project Title Grass Installation

Section 2: Project Location, Building Name, & Building Number

Pembina Land Port of Entry APHIS Office Building 10980 Highway 29 Pembina, ND 58271 Building Number: ND0550AO

Section 3: Contact List

Contracting Officer (CO) Name: Cody Lee Email: cody.lee@gsa.gov Address: 657 2nd Ave N Fargo, ND 58102 Phone (O): 701-566-6124

Project Manager Name: Paul Romero Email: paul.romero@gsa.gov Address: 657 2nd Ave North Fargo, ND 58102 Phone (M): 701-781-9868

Property Manager Name: Theuns Steyn Email: theuns.steyn@gsa.gov Address: 10980 Highway 29 Pembina, ND 58271 Phone (O): 701 270-2632

Section 4: Project Background & Project Description Many areas around the structures in Pembina look bad due to the spotty brown grass.

This is visually unappealing and a poor reflection to visitors who cross the border.

Approximately 20,000 sf of grass is required in and around the Pembina Garage and Livestock Inspection Office.

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Section 5: Project Objectives The contractor shall provide labor, materials, equipment, and supervision necessary to perform:

1) Remove approximately 1,408 square yards of existing grass.

2) Soil prep approximately 6” of existing 235 cubic yards of soil for placement of new sod or hydroseeding. Contractor shall make every effort to assure quality subsoils to extend the life of new planting.

3) Furnish and install approximately 7,856 square feet of new sod of a durable variety.

4) Furnish and install approximately 4,808 square feet of new hydroseeding.

5) Provide sod and seeding Sustainment Plan and work to include watering as needed for 2 weeks, including weekends, during times requiring daily or multiple times daily watering to ensure growth of sod. Government water supply will be provided.

6) Provide further instruction to sustain sod and seeding maintenance beyond the initial 2-week period to local O&M.

7) All removed materials shall be removed from site and properly disposed of in accordance with all appropriate regulations.

8) Abide by PBS P-100 Site Soils requirements as outlined in Section 2.5.3. All native soils are to be used in the soil preparation process whenever possible.

9) Provide all traffic control devices and manpower needed to minimize any traffic disruptions during work.

Section 6: Proposal Pricing & Site Walk

1) Cost Proposal Requirements:

a) When submitting a proposal, provide a cost breakdown for each task into the following categories: Materials, equipment, labor hours, subcontractor's quotes, overhead, profit, and bond. Pricing shall be broken down by Construction Specification Institute (CSI) divisions.

b) Base Bid

c) Additional $/sf charge to hydroseed additional 7,444 square feet.

2) Pre-proposal Site Visit Meeting:

a) The site visit shall consist of a meeting to review construction requirements followed by a walk-thru of the project site. The meeting shall be attended by the contractor and GSA project personnel, and appropriate sub-contractors.

b) Review existing conditions of the project area including any field verification.

c) Review the solicitation/evaluation requirements.

d) Contact Project Manager for site visits.

Section 7: Period of Performance

Once notice to proceed has been issued, the contractor has 120 calendar days to complete the project. Extensions will be granted for unforeseen conditions and other factors outside of the contractor’s control at the Contracting Officer’s discretion.

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Section 8: Rebates The Contractor shall pursue all utility rebate and incentive programs and any government grant or incentive programs at the local, state, and federal level. Contractor is responsible for researching, submitting, and ensuring collection of all applicable rebates. Rebate opportunities must be explored for all elements of the project including but not limited to resource-saving equipment, materials, design & services (Commissioning/Recommissioning and other strategies & processes). Submit all rebate checks to:

General Services Administration Attn: Ron Burnett 1961 Stout Street Suite 01-107 Denver, CO 80294

For assistance with the rebate process please contact Doug Baughman, Regional Rebate Coordinator doug.baughman@gsa.gov (303) 941-1306

Section 9: Submittals

1) Submittals After Award:

a) Sod and hydroseeding product data. Local native material is preferred.

b) Method if installation

c) Sustainment Plan

2) Submittal response by the government shall be (14) calendar days or less.

3) Submittals at Project Completion:

a) Installation warranties

b) Long-Term Maintenance Plan that warrants grass and seed will survive through 9/30/2021.

Section 10: General Requirements

1) Contractor Use of the Premises

a) During the period of the project, the contractor will have access to the site only during daylight hours typically 7:00 am to 7:00 pm. No on-site work shall be performed outside these hours or on holidays unless otherwise directed by the contracting officer. The contractor will need to coordinate with the property manager to arrange access to the parking lot. The contractor shall make every effort to cause minimum damage to parking lots, any other paved areas, any items that need to be moved during the project, and any areas not included in this scope of work. Any damage caused will be repaired at the contractor’s expense.

b) Operations will continue during this project so particular attention shall be given to phasing of project to minimize disruptions to their activities.

Contractor is responsible for ALL traffic control during construction to minimize disruption of border traffic activities. Contractor shall coordinate with GSA representatives and then provide a schedule with phasing and duration for each activity. Schedule approval is to be obtained at least seven days prior to any work commencing. Communication during this https://maps.google.com/?q=1961+Stout+StreetSuite+01&entry=gmail&source=g https://maps.google.com/?q=1961+Stout+StreetSuite+01&entry=gmail&source=g mailto:doug.baughman@gsa.gov tel:(303)%20941-1306

Pages 10 of 80 project will be critical to meet this need.

2) Progress Meetings

a) Progress meetings are not required for this project. The project manager and building team representative shall make daily inspections of the work progress.

3) Equipment The contractor shall provide all equipment associated with the entire project, operate in a safe manner, and adhere to all OSHA and GSA standards.

4) Equipment and Material Storage The contractor shall provide and store all equipment, the materials specified above, and any other materials required completing the project. The materials are required to be kept clean and dry throughout the duration of the project.

Contractor to coordinate with building manager for location of storage sheds.

5) Electricity, Water, and Gas GSA will pay for electricity, water, and gas during this project. The contractor is responsible for making connections to the existing systems. Temporary electrical work shall meet the requirements of NFPA 70-1996 (NEC), Article

305. When temporary connections are removed, restore existing utility services to their original condition.

6) Fire Watch Contractor shall be responsible for providing fire watch if required per attached GSA fire watch guidelines.

7) Fire Alarm Impairment and Hot Work When a fire suppression or alarm system impairment is required, contractor shall provide written outage request to GSA for approval in advance of impairing any systems. Contractor shall be responsible for having a GSA approved NICET certified fire alarm contractor perform all system impairments. During fire alarm/suppression impairments or hot work procedures, contractor shall provide a fire watch per the GSA Regional Fire Watch Guidelines.

8) Protection of Public The building site will continue to be used by tenants. The contractor shall fence, barricade, or otherwise block off the immediate work area to prevent unauthorized entry. The contractor shall illuminate barricades and obstructions at night and maintain safe building access and egress for tenants.

9) Housekeeping The project site shall be kept in a neat, orderly, and safe condition at all times.

The contractor shall provide enough containers for collecting construction debris and construction materials to be recycled. The contractor shall wet down dry materials and rubbish to prevent blowing dust and keep volatile wastes in covered containers.

10) Transportation and Deliveries The contractor shall arrange deliveries of materials in accordance with construction schedules; coordinate with COR to avoid conflict with other tenants and other work conditions at the site. Contractor must make GSA PM & CO aware of any lead times that may affect the project schedule.

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11) Cleaning Before scheduling the final inspection, the Contractor shall accomplish six items: (1) Remove all tools, equipment, surplus material, and rubbish; (2) Restore or refinish, to original condition, surfaces that are damaged due to the work of this contract; (3) Remove grease, dirt, stains, foreign materials, and labels from finished surfaces; (4) Thoroughly clean building interiors; (5) Pickup all construction debris from the site; and (6) At time of final inspection, project shall be thoroughly cleaned and ready for use.

12) Protection of the Building The construction contractor is responsible for the protection of all existing building property for damage due to work performed under this contract. Any damage caused by the performance of this contract shall be repaired to match like or better condition at no additional cost to the government

13) Disruptive Work All painting, staining, or other activity which may cause noxious or undesirable fumes and/ or any noisy work that may be disruptive to the tenants/ public must be performed after normal working hours. The use of paint or stain that does not generate odors is preferred and may be required if the space will be occupied the following day with prior written approval from

GSA.

Section 11: Badging & Security

1) Contractor is responsible to follow GSA’s security and badging requirements as detailed in the attached Badging & Security Requirements (Vendor Fitness Determination Training Manual).

2) US Access shared enrollment centers can be found at fedidcard.gov. Travel distances to the nearest center should be accounted for during the badging process.

Section 12: Payments

1) Information regarding payment requests and payment is in the solicitation/ contract. Please contact the CO if you have any questions regarding payments.

Section 13: Substantial Completion & Final Inspection

1) When project, or designated portion of project is complete, request a final inspection. Upon receipt of request that project is substantially complete, the Contracting Officer will proceed with the inspection within ten days of receipt of request or will advise the contractor of items that prevent the project from being designated substantially complete.

2) Red-lined drawings and CAD and/or BIM as-built drawings, and field training for Operations and Maintenance (O&M) personnel shall be provided at completion of project. Maintain one complete set of contract drawings. Clearly mark changes, deletions, and additions using GSA CAD Standards to show actual construction http://fedidcard.gov/

Pages 12 of 80 conditions. Show additions in red, deletions in green, and special instructions in blueprint. Provide to GSA within timeframe negotiated at time of award.

3) The contractor shall provide O&M manuals. The O&M manuals shall contain the following:

o Executed Warranties (at project completion) o Final Close Out Report o Testing and Verification Report

Section 14: Attachments Universal Scope Requirements

Section 15: Historical Building: N/A

Section 16: Pictures:

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APPROX.

AREA SF

Sod

3 1925

4 1485

10 191.25

11 264

12 3990

Total: 7855.25

Hydroseeding

7 348

8 4235

9 225

Total: 4808

Otional Hydroseeding

1 5812.5

2 1250

5 136

6 245

Total: 7443.5

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AREA 1 AREA 2 AREA 3

AREA 4 AREA 5 AREA 6

AREA 7 AREA 8 AREA 9

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AREA 10 AREA 11 AREA 12

"General Decision Number: ND20210026 05/14/2021

Superseded General Decision Number: ND20200026

State: North Dakota

Construction Type: Building

County: Pembina County in North Dakota.

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

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after

January

1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage

Pages 16 of 80 rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year

2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the

Davis-Bacon Related Acts, including those set forth at 29

CFR

5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/01/2021

1 02/12/2021

2 05/14/2021

BOIL0647-006 03/01/2018

Rates Fringes

BOILERMAKER......................$ 37.22 27.14

ELEC1426-007 06/01/2020

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ELECTRICIAN......................$ 32.35 11.5%+$11.35

ENGI0049-008 05/01/2020

POWER EQUIPMENT OPERATOR:

GROUP 1.....................$ 36.40 19.70

GROUP 2.....................$ 33.75 19.70

GROUP 3.....................$ 33.15 19.70

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Crane Operator 180' boom or jib and over any combination, all types, Crane Operator 150 tons & over, Overhead Cranes 250 tons & over, Tower Cranes 200' and up, an jib configuration 160' and over.

GROUP 2: All cranes up to 149 tons, Crane Operator up to

179' of Boom or Jib, any combination all types, Gentry

Crane operator, Overhead Cranes up to 249 tons, Tower

Cranes up to 199' and any jib configuration 159' and under.

GROUP 3: Forklift

* IRON0512-010 05/03/2021

IRONWORKER, REINFORCING..........$ 34.30 31.80

PLAS0633-001 05/01/2018

CEMENT MASON/CONCRETE FINISHER...$ 30.33 14.90

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PLUM0300-020 06/01/2020

PIPEFITTER.......................$ 37.29 16.57

SUND2012-015 08/18/2014

BRICKLAYER.......................$ 24.60 10.28

CARPENTER........................$ 19.40 0.00

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 16.68 2.17

IRONWORKER, STRUCTURAL...........$ 28.02 15.21

LABORER: Common or General......$ 13.50 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 22.48 4.00

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 21.23 12.65

OPERATOR: Loader................$ 21.00 12.45

PAINTER (Brush and Roller).......$ 20.46 0.00

PLUMBER..........................$ 20.06 4.45

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 26.80 8.52

SHEET METAL WORKER (HVAC Unit

Installation Only)...............$ 28.88 8.20

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TRUCK DRIVER: Dump Truck........$ 20.95 0.00

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

Note: Executive Order (EO) 13706, Establishing Paid Sick

Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the

EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after

Pages 20 of 80 award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

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

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers.

indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, Pages 21 of 80

005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July

1, 2014.

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

Survey Rate Identifiers

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

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

Union Average Rate Identifiers

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Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

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

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

Pages 23 of 80 for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in

2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour

Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

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

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

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U.S. Department of Labor

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

END OF GENERAL DECISION"

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

II.B. Contract Price Form

Please use SF1442 for offer.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

Pages 25 of 80

The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in Section III (Terms and Conditions), “Substantial Completion and Contract Completion” clause, within the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

(1) Unless otherwise expressly stated in the Contract, the Contractor shall be responsible for all means and methods employed in the performance of the Contract.

(2) The Contractor shall be responsible for providing professional design services in connection with performance of the Work or portions of the Work only if this responsibility is expressly stated and the Contract Documents provide the performance and design criteria that such services will be required to satisfy. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all professional design services provided under this Contract.

(3) The Contractor shall be responsible for coordinating all activities of subcontractors.

This responsibility includes coordination of: preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere and the installation of such work; scheduling of work by subcontractors; and use of the Project site for staging and logistics.

(4) Where installation of separate Work components as shown in the Contract Documents will result in conflict or interference between such components or with existing conditions, including allowable tolerances, it is the Contractor's responsibility to bring such conflict or interference to the attention of the Contracting Officer and seek direction before fabrication, construction, or installation of any affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate such conflict or interference.

(5) Where drawings show work without specific routing, dimensions, locations, or position relative to other work or existing conditions, and such information is not specifically defined by reference to specifications or other information supplied in the Contract Documents, the Contractor is responsible for routing, dimensioning, and locating such work in coordination with other work or existing conditions in a manner consistent with Contract requirements.

(6) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy

Pages 26 of 80 of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

(7) The Contractor shall immediately bring to the Contracting Officer's attention any hazardous materials or conditions not disclosed in the Contract Documents discovered by or made known to the Contractor during the performance of the Contract

(8) The Contractor must submit a safety plan before commencing work.

(9) It is not the Contractor's responsibility to ensure that the Contract Documents comply with applicable laws, statutes, building codes, and regulations. If it comes to the attention of the Contractor that any of the Contract Documents do not comply with such requirements, the Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of the Work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work and any fees or penalties that may be assessed for non-compliance.

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

III.C. Contractor Management and Personnel

(1) The Contractor shall employ sufficient management and contract administration resources, including personnel responsible for project management, field superintendence, change order administration, estimating, coordination, inspection, and quality control, to ensure the proper execution and timely completion of the Work. The Contractor shall designate a principal of the firm or other senior management official to provide executive oversight and problem resolution resources to the Project for the life of the Contract.

(2) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to perform the Work. The Government reserves the right to exclude, or remove from the site or building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate rules and regulations concerning conduct on federal property, or whose continued employment on the site is otherwise deemed by the Government to be contrary to the public interest.

(3) Repeated failure or excessive delay by the Contractor to provide qualified personnel shall be deemed a default for the purposes of the “Termination for Default” clause.

III.D. Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition.

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Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that is equal to that named in the specifications, so long as it is of comparable quality and meets specified characteristics, or, if no such characteristics are specified, the relevant performance characteristics of the specified item.

III.E. Project Schedule

(1) The Contractor shall use a Project Schedule to plan, coordinate, and perform the Work. The Project Schedule shall show all critical milestones in a MS Word or Excel format.

(2) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.

(3) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements.

(4) The Project Schedule shall depict all major activities necessary to complete the Work.

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

(6) The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work and be linked to the tasks that drive those milestones.

(7) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the Completion date.

(8) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule,

(9) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written notice of same, the Contracting Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(10) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time.

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III.F. Extensions of Time

(1) If the Contractor requests an extension of time, the request must be submitted to the Contracting Officer in writing, and set forth facts and analysis in sufficient detail to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

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

III.G. Interpretation of Specifications and Drawings

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

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

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

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

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

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

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

(5) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

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

III.H. Submittals

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If required, the Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

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

(2) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval. Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the Contractor attributable to the proper exercise of this right.

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

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

(5) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working days.

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III.I. Government’s Right to Stop Work for Non-Compliance

If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall not be entitled to any extension of Contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

Possession of this right by the Contracting Officer shall not relieve the Contractor of its obligation to comply with the Contract, regardless of whether this right is exercised.

III.J. Other Contracts

The Government may enter into other contracts to be performed at the Project site including, but not limited to, construction management services. The Contractor shall not impede site access for these other contractors and shall notify GSA immediately if the activities of other contractors interfere with performance of the Contract.

III.K. Substantial Completion and Contract Completion

(1) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory.

Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which do not interfere with the intended occupancy or utilization of the work.

(2) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

(3) The Contract is complete (Contract Completion) when the Contractor has completed all Work and related Contract obligations, corrected all deficiencies and all punch list items, and complied with all conditions for final payment.

(4) Unless otherwise specifically noted, or otherwise clear from context, all references in this Contract to "acceptance" shall refer to issuance of a written determination of Substantial Completion.

(5) The Contractor shall not be entitled to final payment or release of any retainage held by the Government until after Contract Completion. If the Contractor does not achieve Contract Completion within the time required by this Contract, the Government shall be entitled, after providing notice to the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the Government for all costs incurred by the Government to complete such work.

III.L. Use and Possession Prior to Substantial Completion

Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion.

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Exercise by the Government of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

III.M. Equitable Adjustments

FAR 52.243-5, Changes and Changed Conditions clause is supplemented as follows:

At the written request of the Contracting Officer, the Contractor shall submit a proposal, in accordance with the requirements set forth herein, for an equitable adjustment to the contract for changes or other conditions that may entitle a Contractor to an equitable adjustment. If the Contractor deems an oral or written order to be a change to the contract, it shall promptly submit to the Contracting Officer a proposal for equitable adjustment attributable to such deemed change. The proposal shall also conform to the requirements set forth below.

(1) The proposal shall be submitted within 15 days, or such other time as may reasonably be required by the Contracting Officer. In the case of a proposal submitted based on the “Differing Site Conditions” clause, the notice requirement of that clause shall be met.

(2) Proposals for equitable adjustments shall include a detailed breakdown of the following elements, as applicable:

(a) Direct Costs.

(b) Markups.

(c) Change to the time for completion specified in the contract.

(3) Direct Costs. The Contractor shall separately identify each item of deleted and added work associated with the change or other condition giving rise to entitlement to an equitable adjustment, including increases or decreases to unchanged work impacted by the change. For each item of work so identified, the Contractor shall propose for itself and, if applicable, its first two tiers of subcontractors, the following direct costs:

(a) Material cost broken down by trade, supplier, material description, quantity of material units, and unit cost (including all manufacturing burden associated with material fabrication and cost of delivery to site, unless separately itemized);

(b) Labor cost broken down by trade, employer, occupation, quantity of labor hours, and burdened hourly labor rate, together with itemization of applied labor burdens (exclusive of employer’s overhead, profit, and any labor cost burdens carried in employer’s overhead rate);

(c) Cost of equipment required to perform the work, identified with material to be placed or operation to be performed;

(d) Cost of preparation and/or revision to shop drawings and other submittals with detail set forth in paragraphs (2)(a) and (2)(b) of this clause;

(e) Delivery costs, if not included in material unit costs;

https://www.acquisition.gov/gsam/current/html/Part552_Sub2B.html#wp1930193 https://www.acquisition.gov/gsam/current/html/Part552_Sub2B.html#wp1930201

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(f) Time-related costs not separately identified as…