BioEPIC CM-GC Pre-Qualification Notice_01.15.20.docx

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Construction Services for New Scienctific Research Facility
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PREQUALIFICATION NOTICE

FOR

CONSTRUCTION SERVICES

LAWRENCE BERKELEY

NATIONAL LABORATORY (LBNL)

Biological & Environmental Program Integration Center (BioEPIC)

LBNL REFERENCE RFQ SH1018-2018

PREQUALIFICATION SUBMITTALS DUE DATE: 02/05/20

Classification Code: North American Industry Classification System (NAICS) Code: 236220 – Commercial and Institutional Building Construction

This is not a solicitation. This is a prequalification notice.

PROCUREMENT POINT OF CONTACT:Scott Hobbs, University Procurement Representative
TELEPHONE NO:510-486-6981

LBNL BUILDING 77 REHABILITATION PROJECT

PREQUALIFICATION QUESTIONNAIRE & PACKET

REFERENCE NO. FN5100

UNIVERSITY OF CALIFORNIA

LAWRENCE BERKELEY NATIONAL LABORATORY

Prequalification Notice SH1018-2018

EMAIL:sahobbs@lbl.gov
RFQ SH1018-2018 PREQUALIFICATIONBIOEPIC CONSTRUCTIONPAGE 20 OF 5
(7/2/18)

rev. 01/15/20 Biological and Environmental Program Integration Center (BioEPIC) Page 15 of 15 CM-GC Services

NOTICE TO CONSTRUCTION CONTRACTORS FOR PREQUALIFICATION SUBMITTALS

PROJECT NOTICE

The University of California (“the University”) intends to solicit competitive proposals from prequalified sources for a Fixed Price Subcontract for Construction Manager – General Contractor (CM-GC) Services for the construction of the new Biological & Environmental Program Integration Center (BioEPIC) scientific research building at Lawrence Berkeley National Laboratory (“LBNL” or “Berkeley Lab”), One Cyclotron Road, Berkeley, California, which the University manages and operates. The University invites potential Offerors to submit Prequalification Submittal Documents, as specified herein.

This qualification process (RFQ) is governed by procurement policies and procedures established under the University’s Prime Contract No. DE-AC02-05CH11231 with the U.S. Government, represented by the Department of Energy (DOE), for management and operation of LBNL. Proposals submitted will be treated as offers and any resulting award will be a subcontract under the University’s Prime Contract.

Except as otherwise noted herein, all correspondence regarding this solicitation shall be directed exclusively through the University Procurement Representative designated herein.

The University expects to request proposals from prequalified Offerors in April or May 2020.

CONTEXT AND GENERAL INFORMATION

Researchers at LBNL have been advancing the scope of human knowledge and seeking science solutions to some of the greatest problems facing humankind since Berkeley Lab was founded in 1931. Located at One Cyclotron Road, Berkeley, California on a 202-acre site in the hills above the UC Berkeley campus Berkeley Lab is a multi-program science lab in the U.S. national laboratory system, supported by the U.S. Department of Energy (DOE) through its Office of Science (SC). Berkeley Lab is charged with conducting unclassified research across a wide range of scientific disciplines.

The University seeks to relocate and consolidate complementary expertise and programs from its Biosciences and Earth and Environmental Science areas in a new BioEPIC science building proposed for its main site. The building will:

· consist of approximately 72,000 gross square feet (GSF)

· have connections to an existing adjacent modular utility plant

· have both wet and dry laboratory space

· have warm and cold rooms for research

· have office and support space for researchers, program managers, and administrators

The building is intended to support collaborative team science to develop scientific infrastructure needed to study and model microbe-biome systems; to enable seamless measurements and manipulations across microbial-biome scales; and to virtually link controlled experiments and observations to environmental observatories enabling simultaneous study of processes occurring in the laboratory and the field, and enabling the discovery of causal biotic and abiotic contributions to ecosystem functions.

The University desires a building that will meet Leadership in Energy and Environmental Design (LEED) Gold certification.

ESTIMATED VALUE AND DURATION

The estimated value of the subsequent construction subcontract is between $85,000,000 and $95,000,000. The Phase 1 Construction Management (CM) Services (Preconstruction) are anticipated to start in January 2021. The Optional Phase 2 General Contractor (GC) Services (Construction) are anticipated to start August 2021.

The construction duration of the BioEPIC building is approximately twenty one (21) months, followed by commissioning support duration of approximately three (3) months.

SUCCESSFUL OFFEROR

The successful Offeror (also designated as “Construction Manager – General Contractor” or “CM-GC”) will initially perform Phase 1 Construction Manager Services (Phase 1 CM Services) leveraging the professional expertise of the CM-GC and its major lower-tier subcontractors (“Major Subcontractors”) that have been approved by the University prior to the award of a subcontract resulting from this prequalification. The CM-GC and its Major Subcontractors will perform the Phase 1 CM Services in cooperation and collaboration with the LBNL project team and the Architect-Engineer (A-E) which is providing BioEPIC design and construction administration services under a separate A-E subcontract between the University and the A-E.

The CM-GC’s Major Subcontractors are its proposed:

1. Mechanical subcontractor

2. Electrical subcontractor

3. Plumbing subcontractor

4. Building Controls subcontractor

5. Rigid Inclusion Drilled Piers subcontractor

6. Structural Steel subcontractor

PREQUALIFICATION OF POTENTIAL OFFERORS

The University has determined that potential CM-GC Services providers must be prequalified to submit a proposal for this project.

Berkeley Lab will determine if a supplier is prequalified by evaluating the potential Offeror’s submittals and responses to the questions on the attached questionnaire.

In order to be considered for this project the potential Offeror, must fully complete and submit all items in writing, including full written responses when yes/no does not apply.

The University will determine whether a potential Offeror is prequalified. Any potential Offeror not found to be prequalified as a result of their submittals or responses to the questions on the Prequalification Questionnaire may request a written response from the University explaining its decision, which will be considered final.

PREQUALIFICATION CONFERENCE

The University intends to conduct an Industry Day Event followed by an On-Site Inspection on Saturday, January 25, 2020 for potential Offerors and their Major Subcontractors (O+MS).

The University will present general information about the project intended to be of interest to all O+MS. The purpose of the Prequalification Conference is to ensure that O+MS gain the best possible understanding of the Prequalification requirements. Attendance is recommended but not required.

Information and details of the Industry Day Event can be found on the Contract Opportunities web site here:

Industry Day 2020 at Lawrence Berkeley National Laboratory

REQUEST FOR PROPOSAL

Prequalified potential Offerors will be sent a Request For Proposal (RFP) for the project. O+MS will be required to attend a mandatory Pre-Proposal Conference and On-Site Inspection, anticipated to be in May 2020. A proposal will not be accepted from a potential Offeror that did not attend a Pre-Proposal Conference and On-Site Inspection along with their Major Subcontractors.

PREQUALIFICATION PROCESS

The following Prequalification Submittal Documents are attached hereto:

· PREQUALIFICATION RESPONSE FORM – to be completed and submitted in native Excel by the Due Date

· REPRESENTATIONS AND CERTIFICATIONS form – to be completed, signed, and submitted by the Due Date

PREQUALIFICATION DOCUMENTS AND ADDENDA

Potential Offerors may also download Prequalification Documents and Prequalification Documents Addenda, if any, from the following web site:

Contract Opportunities – RFQSH1018-2018

It is the potential Offeror’s responsibility to ascertain whether any RFQ Addenda have been issued and if so, to obtain copies of such Addenda from the University. Offeror agrees to be bound by all Addenda that have been issued for this RFQ, and shall acknowledge that all Addenda that have been issued for this RFQ have been fully contemplated in Prequalification Submittal. FAILURE TO ACKNOWLEDGE RECEIPT OF ALL RFQ ADDENDA ON THE RFQ RESPONSE FORM MAY RENDER A PREQUALIFICATION SUBMITTAL NON-RESPONSIVE.

QUESTIONS

Questions and requests for clarification or interpretation of the prequalification documents must be submitted in writing only, by e-mail, exclusively to the attention of:

University Procurement Representative Lawrence Berkeley National Laboratory:

Scott Hobbs, Principal Subcontracts Administrator sahobbs@lbl.gov

Questions must be submitted by 2:00 pm (Pacific Time) on Friday, January 24, 2020. Questions received after that date may be answered at the University’s discretion.

Answers to questions will be posted on the following web site prior to the Due Date specified for receipt of Prequalification Submittal Documents:

Contract Opportunities – RFQSH1018-2018

PREQUALIFICATION DOCUMENT DUE DATE & DELIVERY TO LBNL

Potential Offerors must submit an electronic copy of all Prequalification Submittal Documents via email on or before 2:00 pm (Pacific Time) on Wednesday, February 5, 2020.

Prequalification Submittal Documents shall be transmitted to the attention of:

Scott Hobbs, Principal Subcontracts Administrator sahobbs@lbl.gov

Faxes will not be accepted.

Submittal of Prequalifications Submittal Documents by a potential Offeror shall constitute potential Offeror’s acknowledgement and acceptance of all the terms, conditions, and provisions of this Prequalification Notice.

RESERVATION OF RIGHTS

The University reserves the right to request, accept, and evaluate supplemental information after the above Due Date at its sole discretion. The University reserves the right to request supplemental information, clarification, or action from any potential Offeror at its sole determination.

RESTRICTION ON DISCLOSURE AND USE OF PREQUALIFICATION AND PROPOSAL DATA

The University will endeavor to safeguard any commercial or financial data or information contained in prequalification submittals from disclosure, when marked in accordance with paragraph (e) of Federal Acquisition Regulation clause 52.215-1, from dissemination outside the University or the Government. Such data or information includes (i) trade secrets or (ii) commercial or financial information which is privileged or considered business confidential, either of which is developed at private expense.

The University will endeavor to properly maintain such data and information to the same degree as its own data and information and not disclose such data or information to individuals other than those working for the University or the Government on this procurement. These individuals will be bound by an obligation of confidentiality to use such data or information solely for the purpose of evaluation of the proposal. Proposals received will be retained and disposed of in accordance with requirements in the University’s prime contract with DOE.

EVALUATION OF PREQUALIFICATION FACTORS

Prequalification of potential Offerors will be determined by the University’s evaluation of the Prequalification Submittal Documents submitted by the potential Offeror, and information obtained from past projects experience references, with respect to the Minimum Requirements, Desirable Performance Features, and Desirable Supplier Attributes described herein.

The University will determine whether a company is prequalified. The University reserves the right to reject any or all responses to this Prequalification Packet and/or to waive non-material irregularities in any responses received. The University’s decision is final and not subject to appeal.

PREQUALIFICATION FACTORS

Minimum Requirements – In order to be deemed by the University as Prequalified, potential Offerors must demonstrate they meet or exceed all the following Minimum Requirements:

· Factor 1 - The Offeror must have a current and active California CSLB Class B contractor’s license.

The Offeror must include in its Prequalification Submittal a screenshot of its California CSLB license abstract evidencing a current and active Class B contractor’s license under the Offeror’s name.

· Factor 2 – The Offeror must have the capacity to furnish payment and performance bonds from a surety listed in the latest published U. S. Treasury Department list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” (see Treasury Department Circular 570) in an amount up to $95 million.

The Offeror must include in its Prequalification Submittal evidence from Offeror’s surety listed in Department Circular 570 of Offeror’s capacity to obtain payment and performance bonds in an amount up to $95 million.

· Factor 3 - The Offeror must have a corporate Injury and Illness Prevention Program (IIPP) in compliance with the variance to the DOE Worker Safety and Health Program regulation Title 10, Part 851 of the U.S. Code of Federal Regulations (10 CFR 851) approved by DOE August 2019, which allows the Subcontractor to follow applicable California Department of Labor Codes which includes Title 8 California Occupational Safety and Health Administration’s (Cal/OSHA) safety and health regulations including an IIPP in lieu of specified provisions in 10 CFR 851, Subparts B and C, and Appendix A. DOE retains enforcement authority per 10 CFR 851, Subpart A. All other Subparts and standards of 10 CFR 851 remain applicable.

The Offeror must include in its Prequalification Submittal an electronic copy of its compliant corporate IIPP.

· Factor 4 – The Offeror must be able to obtain, maintain, and provide proof of required insurance coverage

The Offeror must submit with its Prequalification Submittal letter or sample certificate of insurance from its insurance carrier evidencing the Offeror’s ability to provide proof of insurance in strict compliance with all coverages, limits, wording, stated deductibles, and endorsements described in the Insurance Requirements Section below, if awarded a subcontract resulting from this prequalification.

· Factor 5 - The Offeror must not be presently ineligible for receiving new federal government prime contracts or subcontracts, nor on the export control denied persons list.

The Offeror must complete, sign, and submit with its Prequalification Submittal the Representation and Certifications form included in this Prequalification package.

· Factor 6 - The Offeror must have a permanent local office within a 75-mile radius of the project site, with a corporate officer and full-time staff conducting business from this office.

The Offeror must include in its Prequalification Response the address of its permanent local office within a 75-mile radius of the project site, with a corporate officer and full-time staff conducting business from this office.

Desirable Performance Features and Supplier Attributes – In order to be deemed by the University as Prequalified, potential Offerors should demonstrate the following Desirable Performance Features and Supplier Attributes:

· Factor 7 - The Offeror should have successfully completed at least two new construction contracts as the General Contractor (Relevant Projects) defined as:

· Completed within the last eight years, and

· Similar in type, scope, size, and complexity as the proposed subcontract, and

Similar in type, scope, size, and complexity shall mean a facility at least 50,000 GSF, including:

· Both wet and dry laboratory space,

· Warm and cold rooms for research, and

· Office and support space for researchers and program managers and administrators

Successfully completed shall mean the Owner’s Representative of the Relevant Projects would attest that the Offeror’s performance met or exceeded the Owner’s requirements and objectives with respect to:

· Schedule,

· Safety,

· Cost,

· Quality,

· Lower-tier subcontractor management, and

· Small business subcontracting

The Offeror should include in its Prequalification Response information and details of at least two Relevant Projects successfully completed by the Offeror, and include current contact information for owner’s representative(s) knowledgeable of and authorized and willing to disclose and discuss details of the Relevant Projects, including achievement of schedule, safety, cost, quality, lower-tier subcontractor management, and small business subcontracting requirements and objectives, and the overall performance of the Offeror on that Relevant Project. The Offeror should also provide information on problems encountered on the identified contracts and the corrective action taken.

· Factor 8 - The Offeror should have a satisfactory safety record. The Offeror should have a Workers Compensation Experience Modification Rate (“EMR”) of 1.0 or less for each of the past three (3) years, and should have no Cal-OSHA violations over the past five years.

The Offeror should include in its Prequalification Response their EMR for each of the past three (3) years, and include written substantiation of their EMRs from the Offeror’s Workers Compensation agent. The EMR information may be either state(s) or interstate information, but must be appropriate for the business unit(s) that will perform the work. The Offeror must provide a written explanation satisfactory to the University of the circumstances associated with any EMR greater than 1.0 during any of the past three (3) years.

The Offeror should include in its Prequalification Response a list of all of the Offeror’s Cal-OSHA violations over the past five years, or a statement that the Offeror had no Cal-OSHA violations over the past five years; and a list of all Serious, or Willful, or Repeated, or Failure to Abate violations of Part 1 of Division 5 of the California Labor Code (commencing with Section 6300) over the past 5 years, and a detailed description of the violation(s) and any corrective measures taken by the Offeror to prevent re-occurrence, or a statement that the Offeror had no Serious, or Willful, or Repeated, or Failure to Abate violations of Part 1 of Division 5 of the California Labor Code (commencing with Section 6300) over the past five years.

· Factor 9 - The Offeror should have experience developing and implementing a successful and effective Construction Jobsite Safety Incentive Program.

The Offeror should include in its Prequalification Response an example of its successful and effective Construction Jobsite Safety Incentive Program and discuss its elements, what specific behavior, actions, conditions, and results the program was intended to incentivize, how the incentive helped achieve the desired results, how the program was monitored and evaluated, how well the program achieved the desired results, and the price of the program.

· Factor 10 - The Offeror should have experience developing and successfully implementing a Small Business Subcontracting Plan (SBSP) containing the elements, goals, and assurances set forth in Paragraph (d) of FAR Clause 52.219-9, Small Business Subcontracting Plan, and FAR Clause 52.219-8, Small Business Utilization, and should have experience documenting compliance and good faith effort by submitting semi-annually an Individual Subcontracting Report (ISR) and submitting semi-annually a Summary Subcontracting Report (SSR) via the on-line Electronic Subcontracting Reporting System (eSRS).

The Offeror should include in its Prequalification Response at least two printed examples of a semi-annual Individual Subcontracting Report (ISR) and semi-annual Summary Subcontracting Report (SSR) submitted via the on-line Electronic Subcontracting Reporting System (eSRS) for one or more of its Relevant Projects.

· Factor 11 - The Offeror should have adequate financial resources to perform a resulting subcontract, or the ability to obtain them.

The Offeror should include in its Prequalification Response a description of the Offeror’s current financial condition and its financial ability to fully support performance of the proposed subcontract. The University reserves the right to request the Offeror’s financial statements or additional financial information regarding the Offeror’s financial resources. Information may include an independent CPA-audited or reviewed year-end financial statements for the last two fiscal years in the form of balance sheets, income statements, and statements of cash flow, and include information on any commitments or explicit arrangements that will be relied on to acquire the needed facilities, equipment, other resources, or personnel,

· Factor 12 - The Offeror should not have had work completed by a surety on any contract in the last five (5) years, and the Offeror should not have received any termination for default notices over the past five (5) years either directly or as a partner, member of an LLC, joint venture, or other similar relationship, and the Offeror should have no contract/subcontract performance incidents where litigation is current..

The Offeror should include in its Prequalification Response a list of all contracts that have had work completed by a surety over the past five years, or a statement that the Offeror has had no work completed by a surety over the past five years. The Offeror should include in its Prequalification Response a list of all termination for default notices received over the past five years, or a statement that the Offeror has had no work completed by a surety over the past five years. The Offeror should include in its Prequalification Response a list of all contract/subcontract performance incidents where litigation is current (however, for such instances the Offeror will not be required to submit attorney-client privileged information or be required to disclose the details surrounding the incident), or a statement that the Offeror has no current litigation incidents arising from contract/subcontract performance.

INSURANCE REQUIREMENTS

The following insurance requirements shall be included in the CM-GC Services subcontract arising from this solicitation:

A. Types of Coverages The Subcontractor shall at its expense obtain, keep in force, and maintain insurance to cover its performance under this Subcontract of the types and in the amounts set forth below. Such insurance shall be maintained in full force and effect during the performance of the Services required by this Subcontract. The stipulation of required coverage and limits of insurance shall not in any way limit the liability of the Subcontractor:

1. Commercial General Liability InsuranceMinimum Limit
a. Per Occurrence$ 5,000,000
b. Products/Completed Operations Aggregate$ 10,000,000
c. Personal and Advertising Injury$ 5,000,000
d. General Aggregate$ 10,000,000
(not applicable to comprehensive form)
2. Business Automobile Liability InsuranceMinimum Limit
a. Per Occurrence$ 2,000,000

The automobile liability insurance shall cover liability to third parties related to the Subcontractor’s use of owned, scheduled, non-owned, or hired vehicles, including the Subcontractor’s use of any University-furnished U.S. Government owned vehicles, and any resulting loss or destruction of, or damage to the University-furnished U.S. Government owned vehicles.

3. Workers' Compensation as required under California or other applicable State law, and Employer's Liability Insurance with a minimum limit of $1,000,000 per accident and employee.

4. Professional LiabilityMinimum Limit
a. Per Claim$ 2,000,000
b. Project Aggregate$ 4,000,000

The following requirements are applicable to the Phase 2 GC Services only if the University exercises the Option in Article 4):

5. Pollution Liability InsuranceMinimum Limit
a. Per Occurrence$ 10,000,000
b. General Aggregate$ 10,000,000

6. Builders All Risk Insurance This insurance shall be provided if the Fixed Price for Phase 2 GC Services exceeds $200,000, and shall be revised as necessary due to subsequent changes to the work in order to maintain the insurance for the full value of the construction work in progress and all materials and supplies, through Final Completion and Acceptance.

a. Coverage Requirements

The Subcontractor shall, at its own expense, provide and maintain builders all-risk insurance, insuring the full value of all construction work performed and materials supplied under this Subcontract against all risks of physical loss or damage until final completion and University’s acceptance of all the work, including but not limited to earthquake, flood or fire and associated perils, vandalism and malicious mischief, and other causes.

The University shall be named as the Loss Payee.

b. University May Insure for Subcontractor

In case of the breach of any provision of this clause, the University may, at its option, take out and maintain such builders all-risk insurance in the name of the Subcontractor or any subcontractor, as the University may deem appropriate, and may deduct the cost of obtaining and maintaining such insurance from any sums which may be found or become due the Subcontractor under this Subcontract.

The Subcontractor shall also provide such other insurance in such amounts which from time to time may reasonably be required by the University against other insurable hazards relating to the work to be done.

B. Insurance Certificate Requirements

1. Waiver of Subrogation Endorsement. The general liability insurance, auto liability insurance, professional liability insurance, and pollution liability insurance, shall include a waiver of subrogation in favor of the University and the U.S. Government. Statements on the certificate will not suffice. Submit a copy of the policy with the blanket coverage, or provide an endorsement that provides the waiver of subrogation where required by contract or agreement.

2. Additional Insured Endorsement. The general liability insurance, auto liability insurance, pollution liability insurance, and builders all risk insurance, shall provide additional insured coverage. Submit a copy of the policy with the blanket coverage, or provide an endorsement to the policy, that designates “The Regents of the University of California and the U.S. Government” as additional insureds, or an endorsement that designates additional insured coverage where required by contract or agreement. An endorsement naming additional insureds, as shown above, is required for umbrella policies when the underlying liability policies do not meet the stated requirements listed above. Statements on the certificate will not suffice. Submit a copy of the policy with the blanket coverage, or provide an endorsement to the policy providing the required coverage.

3. Operations Endorsements. The general liability insurance and pollution liability insurance, by a valid endorsement, shall include an endorsement for both ongoing operations and an endorsement for completed operations.

4. Primary and Noncontributory Endorsement. The general liability insurance coverage, and Builders All Risk Insurance shall be primary and noncontributory and shall not participate with or be in excess over any other valid collectible insurance or program of self-insurance of the University or the U.S. Government. Statements on the certificate will not suffice. Submit a copy of the policy with the blanket coverage, or provide an endorsement to the policy providing the required coverage, or an endorsement that confers the subcontractor’s insurance will be primary where required by contract or agreement.

5. Cancellation and Material Changes. The policies evidencing required insurance shall contain an statement or endorsement, or a statement on the certificate to the effect that any cancellation or any material change adversely affecting the University or U.S. Government's interest shall not be effective (1) for such period as the laws of the State in which this Subcontract is to be performed prescribe, or (2) until 30 days after the insurer or the Subcontractor gives written notice to the University, whichever period is longer.

6. Certificate Holder. The Certificate Holder shall be listed as follows.

The Regents of the University of California and the U.S Government Lawrence Berkeley National Laboratory c/o Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801

7. Rating. The required insurance shall be obtained from insurance companies authorized to do business in California that have an A.M. Best rating of A: VII or better, or an equivalent Standard & Poor’s rating of AA or better or Moody’s rating of Aa or better; or that are acceptable to the University.

8. Deductible. The certificate must state the deductible for the general liability insurance, automobile liability insurance, and Builders Risk insurance if required. If Builders Risk Insurance is required, deductibles shall not exceed 5% of the insurable value. In the event of an insured loss or damage, the Subcontractor agrees to pay to the University, upon demand, an amount equal to the deductible amount.

9. Self-Insurance Retention. The insurance shall not be subject to a self-insurance retention (SIR) or deductible of $100,000 or more without the written approval of the University Procurement Representative. Prerequisite to obtaining written approval of self-insurance retention (SIR) or deductible of $100,000 or more, Subcontractor shall submit to the University Procurement Representative a Certificate of Self Insurance, and a copy of the subcontractor's independent recent CPA audited or reviewed set of financial statements, including a balance sheet with the CPA's report, each acceptable to the University. If any of the insurance is written on a claims-made form, it shall continue for three years following completion or termination of this Subcontract and provide for a retroactive date of placement prior to or coinciding with the effective date of this Subcontract.

10. Applicability. The insurance certificates submitted may be able to be applied to future LBNL Subcontracts, and it is preferred that it not be made applicable, or reference, a specific Subcontract.

C. Notification The Subcontractor or its insurers shall provide written notification to the University Procurement Representative and Insurance Tracking Services, Inc. (ITS) at least 30 days in advance of any modification, change, or cancellation of any of the insurance coverage D. Certificate Submissions The University has contracted with Insurance Tracking Services, Inc. (ITS), a third-party responsible for verifying the Subcontractor’s compliance with the insurance requirements contained in the subcontract with the University.

ITS will correspond directly with the Subcontractor to convey insurance deficiencies, policy renewal requests and any other insurance documentation that may be lacking in order to establish full compliance with the University’s insurance requirements.

Prior to commencing any Services at a location other than the Subcontractor's or lower-tier subcontractor's facilities, the Subcontractor shall provide certificate(s) of insurance and any necessary endorsements or other documentation confirming the required insurance coverage, by submitting them to both the University Procurement Representative, and the University’s authorized insurance compliance monitoring representative, ITS at lbl@instracking.com or fax to (562) 435-2999, or mailed to:

The Regents of the University of California and the U.S Government Lawrence Berkeley National Laboratory c/o Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801 E. Lower-Tier Subcontractor Insurance

1. The Subcontractor shall require any lower-tier subcontractor who will perform work at the worksite to maintain general, automobile, and employer's liability insurance with minimum per-occurrence or aggregate limits stated in Paragraph A of this Article, as well as Workers’ Compensation insurance at the statutory limits, and confirm the required coverage before allowing the work at the worksite to commence.

2. The Subcontractor shall insert the following clause in subcontracts under this Subcontract that require work on a U.S. Government installation:

a. Before commencing work under this Subcontract, the subcontractor shall certify to the University in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the University or U.S. Government's interest shall not be effective (1) for such period as the laws of the State in which this Subcontract is to be performed prescribe, or (2) until 30 days after the insurer or the Subcontractor gives written notice to the University, whichever period is longer.

3. The Subcontractor shall require the subcontractors to provide and maintain the insurance required in this Subcontract. The Subcontractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the University upon request.

(END OF PREQUALIFICATION NOTICE)

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