CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Statement of Work for Construction Manager as agent (CMa) Contract GT “Mickey” Leland Federal Building Houston, Texas American Reinvestment and Recovery Act (ARRA) PROJECT IDENTIFICATION Project Name: Recovery: GT :Mickey” Leland Federal Building, Houston, TX Project Number: ITX00214 General Services Greater Southwest Region, Fort Worth, Texas February 12, 2010 PROPOSALS DUE: Thursday, March 4, 2010, 2:00pm Central Time i CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 iv CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 1 PROJECT DESCRIPTION The GT “Mickey” Leland Federal Building in Houston, Texas is a 22 story office tower of approximately 346,000 SF located in the southwestern area of the CBD. The building occupies a full city block in downtown Houston and provides the GSA with a strong federal presence in the area. It is one of the ten highest income producing government owned buildings in the region and the second highest producer for the South Central Texas Service Center. The Leland Building provides offices for many federal agencies, and the IRS is its primary tenant. The 24 year old Leland Federal Building requires building system modernization, repairs and major upgrades to function effectively. In 2006, a design contract was awarded to Rey de La Reza Architects for renovations to the building. In 2009, the project received funding under the ARRA (American Reinvestment and Recovery Act) for additional design and construction. 1.1 Project Type This is a major renovation project, as further defined in the Facility Standards for the Public Buildings Service. (See the Standards and Criteria Documents section under General Requirements below.) 1.2 Project Goal The goal of the planned project is to design and construct the project on schedule and within budget, resulting in a federal building that emphasizes the professionalism of the Federal Government and provides tenants with a secure environment, meeting current accessibility, environmental and safety requirements. 1.3 Project Delivery Approach The project was initially planned to be procured using traditional Design Bid Build acquisition method. However, as a result of the availability of ARRA (American Reinvestment and Recovery Act) funds the project was converted to a Design-Build Bridging format. 2 GENERAL REQUIREMENTS This Statement of Work is organized according to the following breakdown of the project into major stages and phases: • Design Stage • Construction Stage o Construction Delivery Phase o Closeout Phase • Tenant Occupancy Stage The requirements set forth in this section apply to all Stages and Phases of the project, as described in the Scope of Services section below. 2.1 Contract Parties and Contract Work The parties to this contract are the Contractor, hereinafter referred to as the Construction Manager as Advisor (CMa) and Commissioning Agent (CxA) and the United States Government. For purposes of this contract, the office representing the Government is the General Services Administration (GSA), Public Buildings Service, Greater Southwest Region hereinafter referred to as the GSA. The individual authorized to act on the behalf of the GSA in the administration of this contract is the GSA Contracting Officer. The GSA Contracting Officer may delegate certain authorities to others, and if so, will notify the CMa in writing of the specific authorities delegated to and limitations placed 5 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 upon, named authorized representatives. The CMa shall not take any direction, or act upon any information, from individuals other than those having the requisite authority, as confirmed by the GSA Contracting Officer’s written notification. The CMa will assist the GSA in ensuring that the GSA requirements with regard to scope, schedule, budget, quality, LEED certification and other aspects of the project are met. The CMa will serve as a facilitator and coordinator of the activities of all parties to ensure that the project execution proceeds according to plan. During the Design Phase and the Construction Documents Phase, the CMa will perform services relating to design review and coordination and budget control. The CMa will serve as the value engineering (VE) consultant. The CMa shall have responsibility for the commissioning process, and coordinate with the GSA and the D/B Team to identify appropriate commissioning program goals and to develop supporting inspection and testing practices to meet the objectives of the project commissioning plan. The CMa will also perform Construction Delivery Phase, Closeout Stage and Tenant Occupancy Stage services to ensure that the design intent is refined and clarified as necessary in the construction documents, realized in the completed facility, and conveyed successfully into facility management, operation and maintenance. The CMa also serves as the Commissioning Agent (CxA) for the project. Building commissioning is a process used by the GSA on major new construction, modernization and alteration projects to achieve, validate and document that the performance of the building and its major systems meet the design intent and requirements of the GSA. The CxA is responsible to provide documented confirmation that the completed facility fulfills the functional and performance requirements of the GSA, the facility occupants, and the facility operators. The CxA shall perform work as necessary to verify and document compliance with the GSA performance objectives throughout design, construction, start-up, and the initial period of operation. The specific activities, tasks, and deliverables required of the CMa and CxA are further delineated in this Statement of Work. 2.2 Professional Ethics and Standards of Practice In the conduct of all activities required for or otherwise related to the performance of the contract work, the CMa shall conform to and uphold all established ethical principles and professional standards of practice governing the CMa segment of the construction industry, including the Construction Management Association of America (CMAA) Code of Professional Ethics and the Building Commissioning Association (BCA) Essential Attributes of Building Commissioning. No vacation time should be scheduled by the CMa staff during the last 30 days of the construction schedule. 2.3 Project Delivery Team Roles and Responsibilities In the performance of the requirements of this contract, the CMa shall work in concert with other parties on the Project Delivery Team. The Project Delivery Team will include other contractors, the GSA personnel, customer agency representatives and other stakeholders. Other GSA contracted major parties involved in the Project Delivery Team and their respective overall roles and responsibilities include the following: The Architect-Engineer (A-E) is part of the design build team and responsible for designing the project in accordance with the GSA owner’s project requirements, budget, schedule, performance objectives, scope of services and other requirements provided in the A-E portion of the design build contract. The A-E will also perform construction phase services to ensure the design intent is refined and clarified as necessary during construction and realized in the completed facility. The specific activities, tasks, and deliverables required of the A-E are further delineated in the A-E portion of the design builder’s contract. The D/B Team is also responsible to perform the construction in accordance with the construction documents and other requirements under the construction phase work component. The specific activities, tasks and deliverables required of the D/B team are further delineated in the Design Build contract. 6 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 The GSA will engage other parties to perform specialized duties and requirements as appropriate for the project. 2.4 Owner’s Project Requirements (OPR) The Design Stage services under this Statement of Work must comply with the GSA owner’s project requirements (OPR) documentation provided in Appendix 1. The owner’s project requirements are provided as a general description of the project to begin initial design and include the preliminary project requirements. 2.5 Budget The estimated range for construction costs is $88 million - $92 million (FY10). The estimated range for CMa/CxA services is $3 million - $7 million. 2.6 Schedule Complete Bridging Documents 10/15/2009 Award Design Build Contract 03/02/2010 Limited Notice to Proceed 03/31/2010 Construction full Notice to Proceed (NTP) 03/15/2011 50% Construction Complete TBD Substantial Completion 05/31/2014 10 month commissioning / warranty review 03/31/2015 2.7 CMa Team The CMa shall utilize the personnel named in its offer to perform the services required under this contract. The CMa shall provide sufficient staff of project managers, construction inspectors, engineers, scheduling engineers, cost engineers, clerical and accounting personnel, and a commissioning agent (CXa), etc., to perform the required work, whether direct employees or consultants. The CMa shall provide a staffing plan identifying the individual, proposed position, role, qualification, part time/full time, location (onsite/offsite), anticipated beginning and ending of project involvement for the following: • Project Executive • Project Manager • General Inspectors • Project Estimator/Scheduler • Architect / Licensed Professional Engineers (PEs) – all disciplines • Commissioning Process Manager • Administrative Assistant • Field Inspection and Testing Technicians The CMa will also consist of part-time engineering personnel, primarily mechanical, electrical, structural, a curtainwall specialist, and a claims analyst. Workload for the part time group will be determined based on recommendations from the project manager and general inspectors. The entire CMa team listed above, plus any consultants deemed necessary, will be directed by the CMa project manager. The CMa team will be the field representatives of the COR. In the event that any of the personnel and/or consultants named in the CMa accepted proposal (incorporated into this contract by reference) become unavailable, the CMa shall promptly submit a complete written detailed explanation of the circumstances. 7 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Repeated failure or excessive delay by the CMa to provide qualified personnel acceptable to the government to perform contracted services may be deemed sufficient cause to terminate work under this contract in whole or part. No substitution shall be made without prior approval of the CO. In the event of substitution of personnel and/or consultants, the substitute shall have qualifications equal to or exceeding those of the original proposed personnel. Approved substitution shall be made at no increase in the lump sum contract price. If the replacement provided by the CMa is paid a lesser hourly wage or salary than the employee being replaced, a reduction shall be made in the contract price equivalent to the difference in the wage or salary multiplied by the respective fulltime equivalent work hours remaining in the contract for the effected position, plus overhead and profit attributed to the salary. If any position is prematurely vacated for whatever reason, a reduction shall be made in the lump sum contract price equivalent to the salary or wage of the departed employee, plus overhead and profit for the period of vacancy. Wage or salary is that contained in this contract. The Government shall have the right to effect removal of any CMa employee or consultant at any time during the contract if that employee is deemed to not be of the level of competence or ability required under this contract or if employee or consultant is found to be unsuitable for this work. Upon written request from the CO such employee shall be promptly removed from assignment on the project and the CMa shall immediately submit qualifications of a replacement. 2.8 Performance Objectives 2.8.1 Standards and Criteria Documents 2.8.1.1 Applicability The applicable version of each document shall be the version currently used by GSA at the time of award of the A-E contract. In the event of a conflict between the requirements stated in these documents and requirements provided elsewhere in this Statement of Work, the requirements in the Statement of Work will prevail. 2.8.1.2 Document List PBS-P100, Facilities Standards for the Public Buildings Service, including all applicable Standards, Criteria and Guides listed therein. PBS P-120, Project Estimating Requirements for the Public Buildings Service PBS PQ-251, Value Engineering Program Guide for Design and Construction, Volume 2, Contracting Officers and Professional Services Contractors Architectural Barriers Act Accessibility Standard (ABAAS) The GSA PBS Building Commissioning Guide The GSA PBS Pricing Desk Guide The GSA PBS Business Assignment Guide. Space Boundary Placement Clarification (A supplement to the Business Assignment Guide). The GSA PBS LEED® Applications Guide Interagency Security Committee (ISC) Security Design Criteria, dated September 2004. 8 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Any conflicts or ambiguities within or among the referenced standards and criteria documents, or any deviations from requirements contained in the standards and criteria documents, must be reported to the GSA in writing, for determination as to applicability. 2.8.2 Design Excellence and Peer Review This is a design excellence project, which includes at least two design concept development reviews, involving the A-E, the GSA regional and national office staff, and professional private- sector peers serving on the GSA behalf. The broad objective of these reviews is to have discussions among professionals that focus on design, not only as it impacts issues of program requirements, form and detail, but also as it affects on-time and on-budget delivery. These conversations address general design strategies and urban context as well as more specific topics such as materials and building systems. At the Design Development Phase, a similar review will be conducted to focus on the design of the HVAC system. CMa participation is required. The final design concept to be provided by the DB Contractor shall undergo the required concept development reviews, including peer review, and must meet the approval of the Chief Architect of the GSA Public Buildings Service (PBS). The CMa shall attend these reviews and will assist the GSA and D/B team in preparing for these reviews. 2.8.3 Construction Excellence and Peer Review The GSA construction excellence program provides guidance to the GSA construction projects, through collaboration with leaders of the private sector construction community. This partnership allows for the development and implementation of innovative approaches to project management and execution to provide the GSA and its customer agencies the highest quality construction within budget and schedule. Construction excellence in the Design Stage includes CMa services to manage the design to ensure that the project remains within the established budget, simplifying the design utilizing performance requirements for major building systems, facilitating timely design communications utilizing a web-based project management system, and leveraging construction and budget control expertise. Construction excellence in the Construction Stage includes CMa services to manage the construction to ensure the project remains within the established budget, conducting Project Delivery Team partnering sessions, facilitating timely construction communications utilizing web- based project management system, performing construction peer reviews and encouraging the use of alternative dispute resolution methods. 2.8.4 Art in Architecture and other Art Work to be Installed The GSA art-in-architecture program entails commissioning artists to create publicly scaled and permanently installed works of art that are appropriate to the diverse uses and architectural vocabularies of new and substantially modernized federal buildings and courthouses. This project includes the commissioning of one artist to create and install original artwork. Any necessary structural support and utilities for the artwork installation will be included in the construction contract(s) and the associated cost must be accommodated within the construction budget. The artwork will be procured, furnished and installed under separate contracts. The cost of separate contracts for the artwork is not included in the construction budget. The CMa shall assist the GSA in coordination of the effective complete installation of the works of art. 9 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 2.8.5 Energy Performance Newly modernized GSA-owned facilities are required to meet the lowest energy consumption level attainable without a resulting increase in life-cycle cost, with a goal of reducing the present value energy cost budget to at least 30 percent below the agency’s average energy use for fiscal year 2003. (See Executive Order 13423 and the interagency memorandum of understanding on Federal Leadership in High Performance and Sustainable Buildings – 2006.) At the Design Concept, Design Development and Construction Documents Phases, the DB Contractor shall cite the target energy consumption level for the completed facility and demonstrate and certify that the target level is achievable in conformance with the above requirements and the CMa Contractor will review their calculations for accuracy. 2.8.6 Sustainable Design/LEED® The GSA is committed to incorporating principles of sustainable design and energy efficiency into all of its building projects. This project must be certified through the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED®) green building rating system. The target USGBC LEED® rating for this project is silver level. The project was registered with the USGBC at the beginning of design. The A-E shall maintain the LEED® rating checklist throughout the design process, and provide LEED® consulting services required to assist the GSA in obtaining the targeted LEED® certification level. The design builder is responsible for executing the construction, including provision of specified products, systems and materials as necessary, to achieve anticipated sustainability goals (LEED® credits). The design builder is also responsible for assisting the design build A-E as necessary in preparing related documentation to support the LEED® certification submission. Further information on the GSA procedures for achieving LEED® certification is provided in the GSA PBS LEED® Applications Guide. The CMa provided CxA shall identify opportunities to incorporate sustainable development principles into the project and will coordinate with and assist the design builder in preparing required documentation for LEED® certification. The CMa shall track the efforts to achieve each point anticipated to meet the LEED goal. Aside from the LEED® credits for use of recycled materials, the GSA is required to buy recovered materials as designated by the U.S. Environmental Protection Agency (EPA), through the comprehensive procurement guidelines (CPG). Information can be obtained about EPA’s list of designated products and accompanying recycled–content recommendations on the internet at www.epa.gov/cpg. 2.8.7 Fire Protection/Life Safety Except as otherwise indicated in referenced programming documents, fire protection and life safety design requirements must comply with PBS-P100, Chapter 7. As provided in PBS-P100 Chapter 7, NFPA 101 is the primary applicable standard. In cases where NFPA is silent on an issue and IBC addresses the issue, the IBC requirement will apply. 2.8.8 Physical Security This project is designed to meet the requirements established for a medium level protection for buildings. Building systems/components are designed to meet applicable levels of protection presented in the project specific risk mitigation tables contained in the Interagency Security Committee (ISC) Security Design Criteria for New Federal Office Buildings and Major Modernization Projects. 2.8.9 Accessibility This project is designed to afford full accessibility by disabled persons without having to add separate or special facilities, with the exception of accessible restrooms added where the existing restrooms could not be made compliant.. 10 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 2.8.10 Historic Preservation N/A. 2.9 Cost Management 2.9.1 Cost Estimating The CMa shall be responsible for providing the cost estimating services for the project during both the design and construction phases of the project. Estimates shall be divided into agency type “shell”, “tenant improvements”, and “BSAC” as defined in this scope and referenced materials. BSAC stands for ‘Building Specific Amortized Costs’. This cost component will be limited to unique Security Component of the building’s structure, exterior, or landscaping features. GSA Office of Design and Construction (GSA-ODC) is utilizing the services of an independent cost estimator at the significant milestones in the design process. The CMa shall use in-house staff to review and prepare estimates for this project. Before the start of the Design Concept Phase, the DB Contractor, the CMa, and the GSA must agree on both DB Contractor breakdowns of the baseline construction budget. The CMa will conduct a meeting for this purpose and, after the GSA approval, will record the baseline construction budget breakdowns.. The DB Contractor and the CMa shall provide a separate uniformat level 3 cost estimate in support of each preliminary design concept scheme. The DB Contractor shall update the construction work allocation plan and both baseline construction budget breakdowns at the end of the Design Concept Phase, and again after completion of the Design Development Phase and before beginning work on the construction documents. With each such update, the DB Contractor shall provide supporting detailed cost estimates. The CMa will review the DB Contractor cost estimates to assure that: • Line item breakdowns are correct and consistent. • All design elements are included. • Unit costs are reasonable. • Quantity takeoffs are accurate. • Level of detail is appropriate to the phase. • Cost escalation factors are appropriately applied. • Balance of costs among building systems is acceptable. • Balance of core/shell and TI/security costs is acceptable. • Up-to-date scope modifications are reflected. • Formats are correct. The DB Contractor shall be responsible to reconcile any significant differences between the updated baseline construction budget breakdowns and the previously agreed upon breakdowns. For the uniformat level 3 breakdowns, DB Contractor reconciliation shall include justification of any significant differences between the uniformat level 3 line items. For the construction work allocation breakdowns, DB Contractor reconciliation shall include justification of differences in the construction work allocation plans and/or in the amounts for self-performed work and subcontract work packages. The DB Contractor shall prepare and submit a cost estimating reconciliation report summarizing the reconciliation process and the justification for cost migration between the budget line items in both budget breakdowns. The CMa will review the DB Contractor cost estimating reconciliation report and recommend approval or disapproval by the GSA. Upon approval by the GSA, the reconciled breakdowns shall serve as the updated baseline construction budget. 11 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 2.9.2 Construction Cost Management The Design Build contract includes provisions to establish a guaranteed maximum price (GMP) consisting of the estimated cost of the work (ECW), a fixed fee (FEE) and a construction contingency allowance (CCA). The CMa shall assist the GSA in administering these provisions in accordance with requirements provided in this Statement of Work. 2.9.3 Life Cycle Cost Analysis The D/B team will perform life-cycle cost analysis on major building systems in accordance with the applicable requirements provided in PBS-P100. The CxA is responsible for reviewing and commenting on the D/B team life-cycle cost analysis for consistency with the performance requirements for commissioned systems. 2.9.4 Value Engineering The CMa will provide a VE program expert and independent professional experts in all disciplines to conduct VE workshops during the Design Stage of this project. Two workshops will be held; the first after selection of the preferred design concept, and the second at the end of design development. The CMa and their CxA shall participate with the D/B team, and the GSA staff in the VE workshop. DB team participation must include representatives of all major design disciplines involved in the project. See also FAR 52.248-2. 2.9.5 GSA Pricing Policy* The CMa will assist the GSA in defining and managing the tenant improvements (TI), core/ shell and BSAC (Building Specific Amortized Cost, e.g. security components) of the construction cost, including establishing clear separations between building core/shell, TI, and security costs in accordance with the GSA PBS Pricing Desk Guide for all construction work including base contract, options and modifications to the construction contract. The TI and security components of the construction cost will be comprised of separate cost estimates for each tenant (i.e. each client billing record (CBR)). Separate construction cost estimates (itemized for each tenant) are to be provided by the design builder and will establish clear separations between building core/shell and TI and security costs. At the time of final settlement of the design build contract (or at an earlier time specified by the GSA), the CMa shall, along with the design builder, assist the GSA in establishing a final breakdown of the total design build contract amount into a core and shell component, TI and BSAC for each tenant. *Note that the ‘Tenant Improvement (TI) on this project should be, at the most, a minor portion of the project scope. For the most part, the project scope, and related costs, is limited to Core & Shell and BSAC components. 2.10 Utility Coordination The design builder will verify, through inspection and testing, the location, elevation, capacity and condition of all utilities, including electric, gas, telephone, domestic water, sanitary/storm sewers, etc. The CMa should attend these inspections and tests to take notes for the GSA. 2.11 Project Management Responsibilities 2.11.2 Communications Plan The CMa, in consultation with the stakeholders of the project, shall develop and execute the project communications plan. This plan will be used and maintained throughout the project and modified when necessary to suit conditions of the project. 12 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 The CMa contractual responsibility is to the GSA only and not to other contractors, tenant agencies or local community interests where the project is located. The CMa shall direct all questions and requests from tenant agencies and local community interests, and inquiries from contractors to the GSA. The CMa will refer all congressional or media inquiries to the GSA. Prior to contacting any parties other than the GSA regional personnel, the CMa shall confirm all meetings and/or communications with the GSA. The CMa shall not release any oral, written or graphic information regarding this project to outside sources without obtaining prior consent from the GSA Contracting Officer (CO). All requests for information concerning the project must be referred to the GSA CO for response. All presentations to non-GSA entities must be first approved by the GSA. 2.11.3 Detailed Project Schedule Development and Maintenance The GSA overall project schedule is provided above in the Schedule section of these General Requirements. The CMa shall develop and maintain, in Microsoft Project or Primavera P3 an integrated, cost loaded master project schedule throughout the course of the project. The master project schedule must conform to the milestones and durations provided in the GSA overall schedule. The CMa shall coordinate and integrate the schedules, services and activities of the CMa, the GSA, the design build team, the CxA and all other involved parties into the master project schedule. The D/B team will provide and maintain the construction schedules as further described in the construction documents. If the schedule updates indicate that the previously approved schedule may not be met, the CMa shall make immediate recommendations to the GSA and other responsible parties for remedial action. Refer to FAR 52.236-15 Schedules for Construction Contracts, the construction contract and to the Scope of Services Construction Stage section for additional schedule requirements. 2.11.4 Project Progress Meetings/Presentations During the Design Stage, the CMa shall attend project progress meetings, and/or presentations. The CxA will attend as required and approved by the GSA to address commissioning issues. During the Construction Stage, the design builder will attend and the CMa shall conduct weekly progress meeting(s). The CMa shall conduct construction oversight meetings with representatives from the GSA and the Project Delivery Team on a monthly basis. The CMa shall conduct site tours for the GSA and other officials, as required. The CxA shall host commissioning planning and coordination meetings as required during the course of the project, including meetings specified in the Scope of Services sections below, and shall host special commissioning meetings as needed involving Project Delivery Team technical disciplines. Refer to the Scope of Services section below for detailed requirements for progress reporting. 2.11.5 Meeting Agendas, Attendance, Minutes and Correspondence The CMa shall prepare and distribute an agenda for each CMa hosted project meeting, in advance (3 days) of the meeting date. CMa representation at all meetings shall include those individuals having knowledge of the agenda topics and authority to make decisions and commit resources. 13 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 The CMa shall provide minutes electronically of all CMa hosted project meetings and presentations to all attendees identifying new and unresolved old action items and associated responsible parties. Minutes must be provided within three calendar days after each meeting. The CMa shall reply to correspondence from the GSA, outside agencies, GSA contractors and construction subcontractors within seven calendar days. 2.11.6 General Progress Reporting The CMa shall be responsible for keeping the CO and/or COR updated about any issues that have the potential to jeopardize the project’s goals relating to schedule, cost, quality, or scope. This may include the preparation of periodic reports, submitted via electronic mail and hard copy, to the project team, as appropriate, to document project actions and to keep the team apprised of progress, outstanding issues/problems and issues resolved. The reports shall cover such topics as schedule, budget, submittals, modifications, RFIs, clarifications, meetings, etc., and will be developed as determined necessary by the team. 2.11.6.1 Problems Advise the CO immediately of any problem(s) the CMa considers beyond its ability to resolve. The CMa shall include recommendations on how to proceed. Advise the CO of any disagreement with the contractor that cannot be resolved by the CMa. The CMa shall include recommendations to maintain the cost, schedule and scope integrity of the project. Advise the CO of any potential delays in completion of any aspect of the design and provide recommendations for ensuring that the project stays on schedule. 2.11.6.2 Changes Review all requests or recommendations for changes to the project scope and submit an analysis of the effect on the current project scope, schedule, and cost estimate to the CO, together with recommended action to be taken and the rationale therefore. Recommend changes to the project scope when required for constructability reasons. 2.11.7 Electronic Project Management System A secure, web-based, electronic project management (ePM) system will be provided by a GSA contractor to accommodate the information needs of all project participants. The ePM system will be implemented at the beginning of the Design Stage. All communications among the major parties involved in the execution of the project are to be captured and recorded in the ePM system. User licenses and training will be provided for all Government and contracted members of the Project Delivery Team who will require access to the ePM system. The Government will provide a training session if needed for the CMa. This is a 2 day event at the location of the project. The CMa shall use the ePM system for all necessary communications with other major parties involved in the project. Electronic storage and transmission of information via the ePM system shall be compliant with the provisions of the Document Security section of these General Requirements. 2.11.8 Design Quality Assurance The ePM system will be used for the issuance of review comments and A/E comment responses. The GSA requires that A-E design submissions undergo three general types of design review: owner’s review, codes and standards review, and constructability review. These will be performed by the CMa and reviewed by the GSA. The GSA staff and GSA customer agencies will also conduct 14 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 reviews of all A-E design submissions. The GSA ODC may also conduct independent quality assurance/quality control reviews of some A-E design submissions. These GSA reviews will focus primarily on owner’s review, but may also address codes and standards and constructability issues. In addition to the GSA reviews, the following design quality assurance services will be performed repeatedly during the Design Stage as further indicated under the Scope of Services below. 2.11.8.1 Owner’s Review The CMa will perform owner’s reviews and provide thorough and detailed written review comments. The purpose is to ensure that established functional, aesthetic and spatial requirements of the project are satisfied. The CMa will conduct owner’s reviews to assure that: • The design is responsive to the GSA program goals, objectives and priorities. • The completed facility can be efficiently operated and maintained. • The design adequately and efficiently accommodates the space program. • Interests of local community groups and other external stakeholders are considered and accommodated to the extent possible. In addition to the CMa owner’s reviews, the CxA shall perform focused commissioning design reviews. The scope of each commissioning design review shall be as provided in the GSA PBS Building Commissioning Guide. Commissioning design reviews shall be conducted as provided in the Scope of Services section below. 2.11.8.2 Codes and Standards Review The CMa will perform codes and standards reviews and provide thorough and detailed written review comments. The purpose is to ensure that the proposed design complies with applicable regulations, codes, and standards referenced in the standards and criteria documents listed above under performance objectives. 2.11.8.3 Constructability Review The CMa shall provide comments for Constructability Reviews. 2.11.8.4 Design Review Procedures The CMa will coordinate all design reviews, conduct owner’s and codes and standards reviews, and prepare design review reports. For each design submission from the D/B, the CMa will coordinate with the reviewing parties as necessary to reconcile any conflicting comments and consolidate all reconciled design review comments into a single design review report including the CMa, CxA and the GSA review comments. The CMa will assist in ensuring that all comments are resolved to the GSA satisfaction. For each D/B design submission after the final design concept submission, the CMa will check the submission to ensure that all comments on the prior submission have been incorporated or otherwise addressed, and will include a summary of any unresolved comments in the design review report. The CMa will prepare and submit to the GSA for approval a procedure for conducting all design reviews required under this contract. The procedure will include a list of participants, the responsibilities of participants, the physical location of design reviews, and a detailed schedule of review activities consistent with the review and response times specified below: • All reviewing parties are required to return comments no later than seven (7) calendar days prior to the end of the designated review period to allow time for the CMa to prepare the design review report. 15 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 • The CMa will prepare and submit the design review report within the remaining seven (7) calendar days of the designated review period. • The A-E is required to respond in writing to the design review comments within fourteen (14) calendar days after receipt of the design review report. 2.12 Building Information Modeling No CMa Services Required. 2.13 Electronic/Print Media 2.13.2 CAD Standards Drawing materials provided by the A-E will be in accordance with the GSA PBS computer-aided design (CAD) standards. Any drawing materials provided by the CMa must conform to the GSA PBS CAD standards. Go to http://www.gsa.gov/cifm for requirements. 2.14 CMa Personnel Security Requirements In the performance of work required under this contract, all CMa personnel must present proper identification to gain access to the occupied building and associated areas, once substantial completion is issued. CMa personnel means CMa employees and CMa subcontractor employees at all tiers. This requirement does not apply to unoccupied building areas under construction, provided that access to any adjacent or surrounding occupied building areas housing federal operations is separately controlled. CMa personnel requiring daily/weekly access to the building after substantial completion is issued shall undergo background investigations conducted by the United States Government and will be issued Government-wide standard secure and reliable forms of identification issued by the Federal Government (i.e., federal personal identity verification (PIV) credentials) as required under Homeland Security Presidential Directive-12 (HSPD-12). Credentialed CMa personnel must wear their PIV credential cards visibly above the waist at all times while in the building areas. All other CMa personnel requiring access to the building areas will be issued visitor badges upon entry. They must wear their visitor badges visibly above the waist and must surrender their visitor badges upon exit. All non-PIV credentialed CMa personnel must be escorted at all times (including after hours) while in the building areas. The escort must be a PIV credentialed individual who has been found suitable after completion of the required background investigation. 2.14.2 Law Enforcement Checks and Background Investigations The GSA will designate a Department of Homeland Security (DHS) Federal Protective Service (FPS) representative to coordinate the required law enforcement checks and background investigations. The CMa shall justify the need for and obtain the GSA approval of all requests for CMa personnel law enforcement checks or background investigations, before initiating further action. For each CMa employee (including CMa subcontractor employees) required to undergo a law enforcement check, the CMa shall provide a legible ten-print fingerprint submission. For each CMa employee (including CMa subcontractor employees) required to undergo a background investigation, the CMa shall provide the following documents: • A completed Questionnaire for Non-Sensitive Positions (Standard Form 85) 16 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 • A legible ten-print fingerprint submission • A Declaration for Federal Employment (Optional Form 306) with items 1, 2, 8 through 13, 16, and 17a completed (or a document containing the same information) The required forms will be provided by the GSA to the selected CMa contractor. The CMa shall provide the documents required above to the GSA or directly to the designated DHS FPS representative, at least 180 days before the subject individuals will require daily/weekly access to building areas housing federal operations. The documents required for each applicant shall be provided in a separate, sealed and secure envelope. CMa personnel for whom background investigations have been requested must appear at least once in person before the designated DHS FPS representative and present two acceptable original identity source documents. One of these documents must be a valid (unexpired) picture ID issued by a state government or the federal Government. CMa personnel requiring daily/weekly access to building areas housing federal operations may be in possession of previously issued valid federal PIV credentials. For each such CMa employee (including CMa subcontractor employees), the CMa shall provide evidence verifying the employee: (1) possesses a valid (unexpired) federal PIV credential; and (2) has undergone the required suitability or national security level investigation comparable to or higher than that required on this contract. If both of these conditions cannot be met, a new background investigation shall be required. 2.14.3 Credentialing and Return of Credentials A federal PIV credential may be issued after an initial background check has been completed. If the ensuing further background investigation results in a preliminary finding that the subject individual is unsuitable to occupy a position at the designated sensitivity level, the PIV credential may be revoked and the subject individual denied access to building pending completion of any adjudication and/or appeal process or final determination. Unsuitable individuals may be escorted out of the building by DHS FPS or other law enforcement entities if deemed necessary to protect Government employees, property and interests. To receive an approved PIV credential, the applicant must appear in person before the designated DHS FPS representative and again present an original valid (unexpired) picture ID issued by a state government or the federal Government. Additionally, the applicant must sign an affidavit attesting to acceptance of the PIV credential and related responsibilities. The CMa immediately shall deliver to the GSA each federal PIV credential obtained for performance of this contract, under whichever of the following conditions occurs earliest: • Receipt of notification from GSA that the PIV credential has been revoked • Determination that the subject individual no longer requires daily/weekly access to building areas housing federal operations • Release of the subject individual from CMa or CMa subcontractor employment • Completion of subcontract work (for PIV credentials issued to CMa subcontractor employees) • Expiration of this contract In the event a CMa PIV credential is damaged, lost, misplaced or stolen, the CMa immediately shall notify the GSA and, if needed, request a replacement. Damaged PIV credentials shall be returned to the GSA. 2.14.4 Subcontracts The CMa shall incorporate provisions in all applicable CMa subcontracts as necessary to ensure compliance with all requirements provided in this CMa Personnel Security Requirements section. 17 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 2.15 Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information In accordance with GSA Order PBS3490.1A, this clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers, and manufacturers. (a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the contracting officer may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination. (b) Authorized recipients. Building information considered SBU must be protected with access strictly controlled and limited to those individuals having a need to know such information. Those with a need to know may include Federal, State, and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contract or subcontract. Contractors must provide SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities. (c) Dissemination of SBU building information: (1) By electronic transmission. Electronic transmission of SBU information outside of the GSA firewall and network must use session (or alternatively file encryption). Sessions (or files) must be encrypted with an approved NIST algorithm, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules. Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the following URL: http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm . All encryption products used to satisfy the FIPS 140-2 requirement should have a validation certificate that can be verified at the following URL: http://csrc.nist.gov/groups/STM/cmvp/validation.html#02. (Not all vendors of security products that claim conformance with FIPS 140-2 have validation certificates.) Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the Central Contractor Registration (CCR) database at www.ccr.gov that have a need to know such information. If a subcontractor is not registered in the CCR and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. (2) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents. (i) By mail. Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. (ii) In person. Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the CCR database that have a need to know such information. (3) Record keeping. Contractors must maintain a list of the State, Federal, and local government entities and the firms to which SBU is disseminated under sections (c) (1) and (c) (2) of this clause. This list must include at a minimum (1) the name of the State, Federal, or local government entity or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is 18 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once work is completed, or for leased space with the submission of the “as built” drawings, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the contracting officer. For federal buildings, final payment may be withheld until the lists are received. (d) Retaining SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a need to know such information. (e) Destroying SBU building information. SBU building information must be destroyed such that the marked information is rendered unreadable and incapable of being restored, or returned to the contracting officer, when no longer needed, in accordance with guidelines provided for media sanitization within Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization, available at http://csrc.nist.gov/publications/nistpubs/800-88/NISTSP800-88_rev1.pdf. If SBU building information is not returned to the contracting officer, examples of acceptable destruction methods for SBU building information are burning or shredding hardcopy; physically destroying portable electronic storage devices such as CDs, DVDs, and USB drives; deleting and removing files from electronic recycling bins; and removing material from computer hard drives using a permanent-erase utility such as bit wiping software or disk crushers. (f) Notice of disposal. The contractor must notify the Contracting Officer that all SBU building information has been destroyed, or returned to the Contracting Officer, by the contractor and its subcontractors or suppliers in accordance with section (e) of this clause, with the exception of the contractor's record copy. This notice must be submitted to the contracting officer at the completion of the contract in order to receive final payment. For leases, this notice must be submitted to the Contracting Officer at the completion of the lease term. (g) Incidents. All improper disclosures of SBU building information must be immediately reported to the contracting officer at General Services Administration, Attn: Carrie Haman (7PQA), 819 Taylor Street, Rm. 12B, Fort Worth, TX 76102. If the contract provides for progress payments, the contracting officer may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future. (h) Subcontracts. The Contractor must insert the substance of this clause in all subcontracts. 2.16 Record Keeping The CMa is responsible for preparing correspondence and other documentation and maintaining accurate and detailed records of the project's progress during each phase. The CMa is responsible to maintain records so as to facilitate document storage and retrieval. Refer to the Scope of Services section below for detailed requirements for project documentation. 2.17 Construction Submittal and RFI Processing On behalf of the GSA, the CMa is responsible to manage and document the processing of the design builder’s submittals and requests for information (RFI’s). Refer to the Scope of Services section below for detailed requirements for submittal and RFI processing. 19 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 3 SCOPE OF SERVICES The CMa shall perform all services described in this Scope of Services (including services required under exercised options, if any) in accordance with applicable requirements and provisions set forth in the General Requirements section above. 3.1 Site Acquisition Stage No CMa Services Required 3.2 Pre- Design Stage No CMa Services Required 3.3 Design Phase Services 3.3.1 Design Development (DD) Phase (35%) The design builder will provide submittal documents in accordance with P-100 to establish the basis of the final selections for all systems, including architectural, space planning, interior design, structural, mechanical, electrical, fire protection, electrical riser diagrams, fire protection sprinkler diagrams with fire and jockey pumps (if required), fire alarm riser diagrams, and typical details and special systems (security, automatic data processing, fire alarm, telephone etc.), as required by the project's nature and scope. The Government reserves the right to make planning changes and changes in the systems proposed above at the design development (tentative) submittal stage without additional fee for the A/E. Redesign of previously directed solutions by the Government may be subject to contract modification. Unless otherwise noted, CMa shall provide the services below: 3.3.1.1 DD Coordination 3.3.1.1.1 DD Program Review Workshop – CMa and CxA shall attend and provide comments. 3.3.1.1.2 DD Systems Selections Analysis Meetings - – CMa and CxA shall attend and provide comments. 3.3.1.1.3 DD Analyses and Calculations Review the A/E analysis and supporting documentation for systems selections/optimizations. 3.3.1.1.4 DD Art in Architecture Coordination CMa should attend AIA meetings and serve as an advisor to the GSA. 3.3.1.1.5 DD Interdisciplinary Coordination Review Meeting Prior to the DD submission, participate in an interdisciplinary Project Delivery Team review meeting to participate and ensure requirements are met before submission to GSA. 3.3.1.1.6 DD BIM Requirements Not required. 20 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 3.3.1.2 Space Planning No services required. 3.3.1.3 Construction Work Sequence Planning Review, comment on and monitor the D/B construction work sequence plan. 3.3.1.4 Construction Market Survey No services required. 3.3.1.5 HVAC Quality Assurance Reviews Participate in a HVAC quality assurance review meeting with the OCA HVAC program advocate. 3.3.1.6 DD Mockups and Tests No services required. 3.3.1.7 Design Stage Systems Testing No services required. 3.3.1.8 DD (35% Design) Submission Verify the DD submission against submission requirements provided in the D/B contract. Confirm that changes have been made as indicated in the A/E responses to the reconciled review comments from the previous submission. Coordinate and schedule delivery of the DD submission to all Project Delivery Team members for review. 3.3.1.9 Design Reviews Reference paragraph Owner’s Review for requirements. 3.3.1.10 Updated Work Allocation Plan and Budget Breakdown Review and comment on the D/B updated plan for allocation of the construction work among subcontracts and that which is to be self-performed, and the corresponding D/B breakdown of the baseline construction budget. 3.3.2 Construction Documents (CD) Phase This section applies to the following scope of construction work: The entire project scope as described in Section 1 3.3.2.1 CD Phase Commissioning 3.3.2.1.1 Commissioning Specifications Review and comment on the CxA full commissioning specifications for all commissioned equipment, and assist in integrating the commissioning specifications into the construction specification. 21 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 3.3.2.1.2 Systems Manual Outline Review and comment on the CxA systems manual outline, identifying all commissioning documentation and O&M manual requirements. 3.3.2.1.3 Design Stage Commissioning Record After all Design Stage work is complete, review and comment on the CxA Design Stage commissioning record. 3.3.2.1.4 Testing and Inspection Plan Coordinate, review and comment on the GC and CxA testing and inspection plans, defining all special testing requirements and procedures, to be coordinated with and reflected in the construction specifications and Construction Stage commissioning services contract requirements. 3.3.2.1.5 Owner's Project Requirements (OPR) - CD Update Review and comment on the CxA updated and refined OPR based on CD Phase decisions. 3.3.2.2 CD Coordination 3.3.2.2.1 CD Program Review Workshop Participate in a program review workshop (CD kickoff) prior to the start of CD. 3.3.2.2.2 CD Program Review Meetings Prior to the start of CDs, participate in program review meetings. 3.3.2.2.3 CD Coordination (Special Tasks) Participate in a CD Phase coordination meeting to address envelope integrity in detailing plans and developing specifications to ensure envelope thermal and moisture integrity. Assist the D/B Team in identifying all manufacturer recommended operating, maintenance and cleaning practices for major features, systems and equipment, and coordinating with the GSA/tenant agency property management officials to define specification requirements for service agreements, warrantees, and turnover-related training. Assist the D/B Team in addressing integration of safety/security/building automation systems and controls, both internal and external (remote) to the building. Assist the D/B Team in addressing and coordinating Construction Stage operational security requirements in the construction specification. Assist the D/B Team in coordinating contract requirements for providing and installing electronic security systems (e.g., access control, CCTV, etc.), addressing space, equipment and services. Assist the D/B Team in coordinating with tenant agencies to develop agency-specific security construction requirements. 22 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Assist the D/B Team in developing and including in the construction specification, a list of all Government-furnished property, including input from tenant agencies as needed. Assist the D/B Team in coordinating roles and responsibilities for providing and installing terminal telephone/computer devices (floor/wall plugs and jacks), particularly in the swing space. Assist the D/B Team in defining project related telecommunications work within the construction specification, and coordinating with the GSA and impacted tenant agencies. Assist the D/B Team in identifying pathway enclosure requirements for telecommunications services. Participate in CD Phase coordination meeting(s) to ensure that art in architecture installation requirements are supported in the CD submissions. Ensure that construction mobilization issues, such as site access, staging, trailers, perimeter security, street closures, permits, etc., are addressed in the construction specification. 3.3.2.2.4 CD BIM Requirements Review all D/B provided documents for accuracy and provide comments. 3.3.2.2.5 In-Progress CD Interdisciplinary Coordination Review Meeting Prior to the in-progress CD submission, participate in an interdisciplinary Project Delivery Team review meeting. 3.3.2.3 In-Progress CD (65% Design) Submission When the design development (tentative) submittal and Formal Value Engineering proposals are approved, the D/B Team shall develop the complete construction documents for this project as described below. At approximately the midpoint of construction document preparation, the D/B Team shall provide the Midpoint Progress Submittal. Midpoint Presentation: There will be a presentation in Fort Worth to the GSA, and possibly a follow up presentation to tenants in Houston, Texas. The CMa should attend both and take notes. The D/B Project Manager shall discuss the design, estimated cost and construction schedules for the project. A follow-up meeting at the D/B's office may be conducted to go through review comments. The CMa shall assist the D/B Team in preparation of an in-progress construction specification, in particular, Division 1 General Requirements sections emphasizing project phasing, construction requirements and preliminary project-specific construction management issues. Verify the design submission against submission requirements provided in the D/B contract. Confirm that changes have been made as indicated in the D/B responses to the reconciled review comments from the previous submission. Coordinate and schedule delivery of the design submission to all Project Delivery Team members for review. 23 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Conduct a focused commissioning design review of the in-progress CD submission. Prepare and submit the updated OPR documentation. Prepare and submit the updated commissioning plan. 3.3.2.4 In-Progress CD Construction Market Survey Update No services required. 3.3.2.5 In-Progress CD Reviews Reference paragraph Owner’s Review for requirements. 3.3.2.6 Updated Work Allocation Plan and Budget Breakdown Review and comment on the D/B’s updated plan for allocation of the construction work among subcontracts and that which is to be self-performed, and the corresponding D/B breakdown of the baseline construction budget. This may be accomplished using a cost- loaded schedule. 3.3.2.7 Pre-Final CD Coordination Prior to the pre-final CD submission, participate in an interdisciplinary Project Delivery Team review meeting. Coordinate a review/training session with D/B team conducted by GSA CIFM staff in GSA standards for final submission. Coordinate an HVAC/building automation/CxA controls integration meeting where all involved disciplines and stakeholders ensure that integration issues and responsibilities are clearly described in the specifications. Assist the D/B Team in finalizing the integration of safety, security and building automation systems and controls, both internal and external (remote) to the building. 3.3.2.8 Pre-Final CD (95% Design) Submission The drawings and specifications shall be 100% complete, coordinated, and checked. The working drawings shall be complete, coordinated and usable as subcontractor bidding documents without further work. Quality Control Testing and Quality Assurance Testing shall be completely defined with a written narrative sent to the GSA PM regarding A/E actions taken to ensure the quality of the documents. The CMa shall assist the D/B Team in preparation of a pre-final construction specification, in particular, Division 1 General Requirements sections emphasizing project phasing, D/B requirements and project-specific construction management issues. Verify the design submission against submission requirements provided in the D/B contract. Confirm that changes have been made as indicated in the D/B responses to the reconciled review comments from the previous submission. Assist the D/B in preparation of the pre-final construction specification, in particular, Division 1 General Requirements and other sections emphasizing testing/commissioning requirements. Assist the D/B in updating the design narrative for inclusion in the pre-final CD submission. 24 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 3.3.2.9 Pre-Final CD Reviews Conduct an owner's review of the pre-final CD submission. Conduct a focused commissioning review of the pre-final CD submission. Conduct a codes and standards review of the pre-final CD submission. Collect review comments from involved Project Delivery Team members and all stakeholders. Review all comments and reconcile as needed. Prepare and submit the pre-final CD review report. Conduct CAD drawing standards review for compliance with the GSA PBS CAD standards. Assist GSA in validating design gross square footage (GSF), rentable square footage (RSF), and useable square footage (USF) calculations. Assist the D/B in updating the design narrative for inclusion in the prefinal CD submission. Prepare and submit the updated OPR documentation. Prepare and submit the updated commissioning plan. 3.3.2.9.1 Construction Specification Review and comment on the construction specification, including subcontractor qualifications, submittal requirements, testing, adjusting and balancing specifications, training requirements and O&M and system manual requirements. 3.3.2.10 Updated Work Allocation Plan and Budget Breakdown Review and comment on the D/B updated plan for allocation of the construction work among subcontracts and that which is to be self-performed, and the corresponding D/B breakdown of the baseline construction budget on a cost-loaded schedule. 3.3.2.11 Final Documents Submission (100%) The drawings and specifications shall be 100% complete, coordinated, and checked. All comments shall have been incorporated or annotated with explanation and agreement by GSA regarding their exemption. All documentation regarding the project shall be received by the GSA COR prior to issuance of design completion. Assist the D/B Team in preparation of a final construction specification, in particular, Division 1 General Requirements sections emphasizing project phasing and project-specific construction management issues and CMc testing/commissioning requirements Assist the D/B in updating the design narrative for inclusion in the final CD submission. Verify the design submission against submission requirements provided in the D/B contract. Confirm that changes have been made as indicated in the D/B responses to the reconciled review comments from the previous submission. 25 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Coordinate and schedule delivery of the design submission to all Project Delivery Team members. 3.3.2.12 GSA CAD Library Coordination Assist the D/B Team in coordinating with the GSA regional CAD librarian and regional spatial data management coordinator to log-in the final CD submission to the GSA document library. 3.3.2.13 LEED® Design Credit Submission Assist the D/B Team in completing documentation for submission of the LEED® design credits. Review D/B submissions and processes for LEED compliance. 3.4 Construction Stage 3.4.1 Construction Delivery Phase 3.4.1.1 Relationship with Other Contractors The CMa shall establish and maintain proper business-like and cooperative relations with the COR, the design builder and its representatives, the GSA Property Manager and, through the Property Manager, with agency personnel. Official dealings by the CMa shall be with the design builder and not directly with the subcontractors. CMa personnel shall not undertake to settle disputes or differences of opinion between the prime contractor and their subcontractors, or between various subcontractors. The CMa shall not disseminate any information concerning this specific project or any information that might be confidential, inflammatory, or derogatory. Requests for information beyond what would be necessary for clarification of construction work shall be forwarded to the CO. The CMa shall not issue oral instructions to, or make any agreements with, the prime contractor or its representatives that affect the work in a material way, or which may possibly change cost or time associated with the construction contract. The CMa shall not assume responsibility of the design builder, particularly in the area of coordination of work to be performed by their subcontractors. 3.4.1.2 Limitations of Authority The CMa shall not: • Authorize deviations from the contract documents. • Approve substitute materials or equipment. • Assume any of the responsibilities of the design builder's superintendent, its design agent or subcontractors. • Expedite the work for the design builder. • Advise on, or issue directions concerning, construction means, methods, techniques, sequences or procedures, or safety precautions and programs to the design builder in connection with the work. • Reject work or require special inspection or testing. • Order the design builder to stop the work or any portion thereof, except in cases related to life safety violations. (CMa shall immediately contact the Contracting Officer in the event of life safety violation resulting in the stop work of any portion of the project.) • Grant a time extension. 26 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 • Obligate an expenditure of funds. • Terminate the contract. • Execute change orders. • Provide final approval of any design build submittal. The above actions are reserved for the Contracting Officer (CO). The CMa shall notify the CO immediately and, if necessary, prepare the recommended letter for signature by the CO and forward to the CO for further action. 3.4.1.3 Construction Start Coordination 3.4.1.3.1 Pre-Construction Conference Coordinate, schedule, and chair the pre-construction conference. Provide proposed agenda to the CO and COR seven (7) days prior to preconstruction conference. The CMa shall prepare the minutes and forward to the GSA CO and COR no later than five (5) days after Conference meeting. The discussion shall make clear the roles and responsibilities of all the parties. Include a detailed discussion of the Government's safety requirements, the construction contractor's safety plan, and accident and fire safety reporting procedures. Include a full discussion of payment processing so that all parties are aware of the steps in the process and understand their roles and responsibilities. 3.4.1.3.2 Partnering The Government is interested in the foundation of a cohesive partnership with all involved customer agencies, contractors, and GSA representatives. This partnership will be structured to draw on the strengths of each organization to identify and achieve goals. The objectives are effective and efficient contract performance, intended to achieve completion of the project within budget, on schedule, and in accordance with the project requirements. This partnership will be coordinated through the GC with membership and participation being totally voluntary. Any cost associated with creating this partnership will be agreed to by involved parties with each party responsible for paying its own respective costs. This partnership shall function independently of the contract and shall not alter the terms and conditions of the contract. To implement this partnership initiative, it is anticipated that within 60 days of a Contractor’s Notice to Proceed, the CMa shall arrange for the DB’s key personnel, the CMa team including the CxA, and the Government’s project representatives to attend a partnership development seminar followed by a team-building workshop. The CMa shall provide a coordinator for this partnering seminar and workshop. Follow-up workshops will be held periodically throughout the duration of the contract as agreed to by all parties. 3.4.1.3.3 Groundbreaking – No CMa services required. 3.4.1.4 Construction Administration 3.4.1.4.1 GSA Construction Site Office The D/B team or GSA will provide a GSA construction site office with utilities and furnishings. The office space provided will be jointly used by the GSA associates, client agency and CMa staff. The CMa shall maintain the GSA construction site office in a clean and orderly condition and provide, install and maintain the following office equipment and services: • Voice and data communications service(s), including payment of all installation and monthly charges: one voice line to each workstation; one additional dedicated line for telephone FAX service; and at least three broadband ethernet, DSL or T1 telephone lines to workstations. • One FAX machine, featuring a multi-number auto-dial, number dialed indicator screen and message log. 27 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 • One high-volume black and white and color laser printer capable of running standard, legal and 11 x 17 size paper • One multi-function color laser printer/scanner/copier capable of running standard and legal size paper • Three personal computer station with application software (latest versions) to include: virus protection, CD recorder, Checkpoint VPN SecureClient®, Microsoft Office Professional®; Internet Explorer®; Adobe Acrobat®; Microsoft Project®; AutoCAD® and a licensed copy of the approved secure digital photo management system software (e.g. Lynx®). • Paid service agreements for all office equipment required above, providing response periods of one day or less. • Network connections between three (3) computer stations and the printer. • One computer projector (SVGA or higher resolution) for presentation purposes. • One digital camera (6.0 megapixel or higher). • Printing paper, toner and other office supplies. At project completion, the CMa provided equipment will remain CMa property; Government purchased equipment shall be returned to the GSA Contracting Officer. At project completion, promptly return to the GSA Contracting Officer all drawings, handbooks and other documents loaned by the Government. 3.4.1.4.2 Schedule of Values Review the design builder’s schedule of values and make recommendation for approval or disapproval. 3.4.1.4.3 Construction Stage Recordkeeping Maintain at the job site, on a current basis, contract records, including copies of all correspondence, submittals, progress reports and related documentation throughout the duration of construction. The records shall be organized and maintained so they are easily accessible. Such files will be turned over to the GSA for record purposes prior to close out of the CMa contract. Examples of files to be maintained are: • Correspondence • Annotated submittals • Formal and pending contract modifications, with documentation • Value engineering change proposals • Claims and supporting documentation • Minutes from progress meetings • Approved payment vouchers • Documentation of significant clarifications and decisions • Inspection and progress reports • Monthly status reports • Safety plans and incident reports All such record-keeping information (including pending contract modifications, with documentation) shall be either generated within the ePM system or uploaded into the ePM system promptly (within one week) after it is created. 3.4.1.4.4 Construction Progress Reporting Keep accurate and detailed written records of project progress during all phases of construction and prepare progress reports in the format and frequency required by the GSA. Maintain a detailed daily diary of all events that occur at the job site or elsewhere, that affect or may be expected to affect project progress. The GSA will review proposed 28 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 formats for periodic status reports, including daily diaries, logs, photo documentation requirements, weekly reports, monthly status reports, etc. All reports must be available to the GSA at all times and are to be turned over to the GSA on completion of this contract. Prepare and submit weekly reports to the GSA on the status of construction, including, but not limited to, summary of work, weekly schedule progress analysis, critical issues, listing of meetings held and minutes of meeting, daily construction report, contract cost summary, updated copies of all logs maintained at the site for change orders, claims, submittals, etc. Submit monthly reports on or before the 5th working day of each month that include the following information: • Update of the master project schedule, with analysis • Construction schedule analysis • Contract modifications log broken down into Shell, TI and BSAC components • RFI Status Log • Percentage of construction in place, planned and actual (Earned Value Tracking) • Summary construction progress for month • Summary budget status • Inspection report, list of deficiencies and omissions • Summary of outstanding problems/issues • Summary of issues resolved, decisions reached, clarifications, instructions, etc. • Summary report on submittals • Progress photos • Minutes from meetings during the month • Forecast of next months activities • Jobsite safety report, including an incident report summary • SBU document transfer logs for CMa and design builder (considered SBU material) • The A-E construction status report(s) 3.4.1.4.5 Construction Safety Program Review the design builder’s safety and health plans and programs to ensure conformance with applicable regulatory requirements and the design builder contract provisions. Participate in an initial safety meeting with the Project Delivery Team. Attend the design builder’s periodic safety meetings. Verify site safety and health is managed in accordance with the applicable regulatory requirements and the design builder’s contract provisions. Immediately advise the design builder and the GSA of: • any observed instance of design builder (including design builder subcontractors) non-compliance with the employee OSH program • any safety hazards observed • any instances of design builder non-compliance with applicable regulatory requirements and design builder contract provisions • any construction-related fatalities • any construction-related incidents resulting in emergency hospitalization of one or more persons • any site inspection or request for a site inspection by any federal, state or local safety, health or environmental authority 29 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 All Stop Work Orders are issued by GSA except when the CMa observes a safety condition that appears life-threatening. In a life-threatening situation, the CMa should immediately order the design builder to stop work and advise the CO/COR immediately. Verify the design builder completes and provides a copy of all required OSHA Forms 301 (or similar), Injury and Illness Incident Reports to GSA immediately. Document the proceedings of any safety and health related meetings held with federal, state or local authorities and provide a copy to the GSA. Cooperate with officials of other agencies (federal, state, local) who are vested with authority to enforce requirements of the OSH Act. 3.4.1.4.6 Project Progress Meetings The CMa shall conduct construction progress meetings. Meeting Agenda: The CMa shall prepare a complete agenda prior to each scheduled meeting. The agenda for meetings is to cover as a minimum: • Minutes of the last meeting (include attendance) • Outstanding issues with discussion of 'Action Items' from previous meeting • New business • Project status in relation to Schedule • ‘Action Items' for the next meeting Minutes: The CMa shall take minutes of each meeting including 'Action Items,' responsible parties, and deadlines. Provide copies to all attendees and the CO and the GSA Project Manager within two (2) calendar days after completion of the meeting. Weekly Construction Progress Meetings: Conduct weekly job-site meetings with the construction contractor, GSA, representatives of the CO, tenant agencies, and other interested parties to discuss procedures, progress, problems, coordination, scheduling and other appropriate matters. Schedule the meetings during normal government office hours. Tenant attendance may be warranted before commencing work in a tenant occupied area. (coordinate with respective agencies to determine their minimum lead times.) Coordination: The CMa shall attend subcontractor coordination meetings. • Coordinate the project with the CO, COR, GSA Field Office, and the tenant agencies that will occupy or maintain the space. Maintain frequent contacts by telephone, site visits, meetings, etc., with all parties involved with the project. Provide record of contact immediately to the CO and COR for all discussions or contacts material to documenting events relating to the project, including discussions with the COR. • Ensure coordination occurs between the construction contractor for this project and other contractors performing work elsewhere in the facility during the performance period of this project. Monthly Construction Progress Meetings: Conduct inspection and progress/payment meetings as described under 3.4.1.5.11, Progress Payments. The inspection meeting to determine progress payment shall be completed prior to the Monthly Progress Meeting. The monthly progress meeting is to discuss general progress of construction and issues which may affect the project and generally supplants the weekly meeting. The monthly meeting shall include evaluation of the progress of the project. Documentation regarding the status of the schedule shall be sent to the COR prior to the Monthly Meeting. 3.4.1.4.7 Construction Schedules 30 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 The design builder will provide and maintain construction schedules in accordance with the requirements provided in Division 1 of the construction specification. The CMa shall review the design builder schedules (baseline, updates and revisions) for completeness and appropriateness and timely recommend approval, rejection, or recommended adjustments to the GSA. CMa review shall include: The CMa shall verify each activity is realistic and reasonably priced, the schedule is not front-end loaded and the work flow is logical and efficient the work is broken down sufficiently to determine progress payments. Ensure work items and values are identical to the work branch breakdown on the schedule of values. The start and completion times for each item are depicted and the estimated percentage completion at the end of each pay period shown. Check that work is scheduled in an acceptable sequence, with reasonable manning and includes appropriate time for shop drawing preparation, review, material fabrication and shipping, complete installation, finishing and systems testing. The schedule shows major milestones involved in the project. The schedule includes allowance for normal delays due to usual weather conditions and an allowance for other factors which may reasonably result in delay. Check that sufficient time is allowed for acquisition of Government Furnished Material (GFM). Check that cost time graph data is provided, shown in summation as a single line progress curve, with the vertical scale representing in-place dollar value of work and the horizontal scale representing contract time. Ensure schedule includes acceptance-testing period and indicates substantial completion for each separate portion of work. The original estimate shall be used to verify the values are realistic. When major changes are made in the contract requirements or when time extensions are granted, ensure the construction contractor immediately revises the schedule based on the changed conditions. Progress payments can be withheld if the construction contractor has not furnished an acceptable schedule, schedule updates or required revision to the schedule. The CMa shall continuously monitor actual progress against the project schedule, identify any delays or potential delays and immediately notify the GSA of such delays or potential delays. Software Scheduling Package(s): The CMa shall utilize programs included with software scheduling packages and available separately such as Prima Plan Project Investigator or Claim Digger software, for comparison of scheduling when required to assure understanding of scheduling issues. 3.4.1.4.8 Submittal Processing Formalize and secure the GSA approval of procedures for using the ePM system to support the processing of design builder submittals, including guidelines for timely and necessary action by all involved parties. Ensure all involved parties understand and agree to their respective roles, responsibilities and timeliness requirements. Use the ePM system to maintain a log of all design builder submittals and to manage the process of submittal review and approval. Check each submittal for adequacy and completeness and refer incomplete or inadequate submittals back to the design builder for further correction and re-submittal. Forward adequate and complete submittals to the design builder, their Consultants, the CxA (when appropriate) and the GSA for response. Follow up with the design builder and the GSA to ensure timely responses. 31 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Submittal materials that are in electronic media form are to be uploaded to and transmitted among the involved parties via the ePM system. Submittals involving materials that are not in electronic media form are to be recorded and tracked in the ePM System, with the materials transmitted by other expedited means. Scan and upload copies of approved paper-based materials to the ePM system whenever possible. If any submittals are processed by any means other than use of the ePM system, ensure such submittals are recorded and tracked in the ePM system, such that the ePM system will contain a complete record of all submittals processed. Organize and store approved submittal samples and oversize shop drawings for reference during construction and for turn-over to the GSA at close-out. Ensure the design builder makes all submittals required in accordance with the submittal schedule and that all submittals are timely, complete and correct before they are forwarded for review. Expedite the processing of submittals to minimize approval times. Coordinate resolution of all rejected submittals, including RFI’s required from the design builder for submittals proposing deviations from contract requirements. 3.4.1.4.9 Inspections and Testing Throughout the Construction Delivery Phase, the CMa shall perform CxA inspections and assist the GSA in coordinating and monitoring the inspections performed by the design builder and their A-E. Verify all construction work is confirmed by the design builder to be in conformance with the contract documents and approved submittals. Promptly report to GSA if the design builder fails to ensure the work is in compliance with the contract documents and approved submittals. Promptly report to the design builder, in writing, observed variances from the contract requirements, with a copy to the GSA and advise the GSA if the design builder fails to promptly remove, correct, or replace unacceptable construction work. Assess any resulting delays caused by the design builder. Work that does not comply with the contract documents and approved submittals shall not be included in progress payments. Materials installed in a manner not complying with the contract shall be deducted from stored materials value in progress payments. Monitor the design builder required testing and ensure test results are submitted to the GSA. Review construction contract requirements to identify all tests that are required to be performed by the design builder and verify the design builder testing schedule for completeness. CMa responsibilities include: • Verifying tests are conducted as scheduled • Witnessing major tests • Checking test results • Retaining test records • Summarizing significant test results in progress reports • Perform Operations and Maintenance Manual and training reviews and provide GSA comments. • Notifying the GSA of test failures and coordinating with the design builder on planning corrective actions • Overseeing corrective actions and retesting • Performing independent testing and inspection of commissioned building systems and equipment through the CxA Ensure the design builder coordinates with local municipal officials for related inspections. 32 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 3.4.1.4.10 Design Builder As-Built Drawings and Specifications The design builder will update drawings (as-built drawings) and electronic specifications (as-built specifications), at least monthly, to document changes that occur during construction. The CMa shall verify, on a monthly basis, the design builder is maintaining a complete, accurate and up-to-date set of as-built drawings and electronic specifications. 3.4.1.4.11 Clarifications/Requests for Information/Contract Modifications Clarification: If issues requiring clarification of D/B contract requirements arise, ensure that such issues and their resolution are recorded such that they will contain a complete record of all RFI’s and their resolution. The CMa issues all SOWs for contract modifications after receiving approval by the CO. Request for Information: Confirm that all parties agree with the contract interpretation provided in each RFI response, including the GSA determination of whether the response constitutes a clarification with no cost or schedule impact, or requires an adjustment of the estimated cost of the work and/or the performance time in the D/B contract. Provide responses to written Requests For Information. Insist that any RFIs from subcontractors are routed through the construction contractor. The construction contractor is responsible to determine if contract documents address the issue. CMa shall confirm the documents do not provide an answer to the issue. When necessary forward RFI to GSA personnel for response. Establish a log to track the status, topic, and pertinent dates associated with obtaining a response for each RFI. CMa shall track D/B internal RFI’s and responses for conformance to RFP document. Determine required response suspense date to ensure that the contractor’s progress is not delayed. Actively ensure that RFI response to the construction contractor occurs within 14 days. Document the reason for RFI response periods that exceed 7 days. Provide a copy of the written response to CO and COR immediately when answered. Written or verbal request for information (RFI) from sources not directly associate with this project shall be forward to the contracting officer. Contract Modifications: Prepare and process contract modifications for CO approval action. The CMa shall provide the COR and CO with an IGE for all contract modifications prior to sending an RFP to the D/B team. Only the CO can approve a modification of contract requirements, regardless of whether there is a change in contract price. Also note that processing of contract modifications requires the CM to coordinate with the COR, who is responsible for the coordination of modification within GSA and monitoring the funds. Upon receipt of any change suggested by the D/B contractor or GSA client agency, the CMa shall review the merit thereof and, if not found justifiable, recommend rejection to the CO. If justifiable, request a change order proposal from the construction contractor, after obtaining verification from the COR that funds are available for the estimated amount. The CM shall prepare all change order documentation for construction contract modifications as otherwise requested by the COR. Contract modifications that increase the contract cost cannot be approved, and shall not be requested, unless funds are available to cover the change. On projects where agencies are reimbursing GSA for the work, when additional funds are needed GSA must request them from the tenant. Since this process requires time, early identification of the need for the change and strong coordination with the COR and the tenant are essential. Analyze requests for time extensions, prepare findings of fact for extending or not extending time, prepare a letter to the construction contractor for the CO's signature, and forward to the COR for processing. The estimate will be signed and dated by the individual who prepared the estimate and have the following statement on them: 33 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 "This estimate was prepared as an Independent Government Estimate and has been checked for mathematical accuracy. The source(s) used for estimating pricing on this modification/change order was (were) __________." The construction contract modification preparation work shall include consideration of time impact, effect of mitigation of time effect and ripple effect of the proposed construction modification. CMa will need to consider if a scope meeting to ensure understanding of the work being requested is useful and appropriate. Modifications less than $25,000: Procedures for construction contract modifications with an anticipated cost of less than $25,000: • After notification from the COR to proceed with the change order, the CMa will prepare an GSA Form 2437, Finding of Fact, and change description (including all technical descriptions, drawings, and details). Provide the COR a lump sum estimated cost for the modification (this cost is to be used for funding verification only and not for comparison to the contractor’s proposed price). After the COR has notified the CMa funding is available, transmit the RFP to the Contractor with copy to the COR • After receiving the D/B’s proposal, the CM will review it for fair and reasonableness and discuss any exceptions with the Contractor, reach agreement, and document discussions (also explain what changes, if any, were made to the scope during discussions). • The CMa will transmit the package: SF30 (2 signed originals), GSA Form 2437, Finding of Fact, a narrative describing why the proposed costs are fair and reasonable to the Government, and narrative of any discussions that took place with the Contractor during negotiations to the COR for processing, objective report and negotiation memorandum (objective report and negotiation memorandum required if negotiations with the Contractor are required) by email to the COR for processing. • The COR will process the funding request document after reviewing the modification and recommend approval/disapproval to the CO. Funding shall be received prior to the modification going to the DB contractor for signature. Modifications greater than $25,000 but less than $200,000: Procedures for construction contract modifications with an anticipated cost greater than $25,000 but less than $200,000: • After notification from the COR to proceed with the change order, the CMa will develop a detailed Independent Government Estimate, prepare an SF30, Finding of Fact, and change description (including all technical descriptions, drawings, and details). Verify funding availability with the COR and transmit the RFP to the Contractor with copies to the COR. • After receiving the D/B’s proposal, discuss any exceptions with the Contractor, reach agreement, and document discussions (also explain what changes, if any, were made to the scope during discussions). Include the Estimator in discussions if appropriate. • The CMa will transmit the package: SF30 (2 signed originals), GSA Form 2437 (3 copies), Finding of Fact, objective report and negotiation memorandum (objective report and negotiation memorandum required if negotiations with the Contractor are required) to the COR for processing. • The COR will process the funding request document after reviewing the modification and recommend approval/disapproval to the CO. Funding shall be received prior to the modification going to the DB contractor for signature. Modifications exceeding $200,000: Procedures for construction contract modifications with an anticipated absolute value of adds and deducts exceeding $200,000: • After notification from the COR to proceed with the change order, the CMa will develop a detailed Independent Government Estimate, prepare an SF30, Finding of Fact, and change 34 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 description (including all technical descriptions, drawings, and details). The CMa will then forward the entire package to the COR for processing. The CO will be responsible for the negotiations of the modification. • Provide a Technical Analysis of the D/B Proposal and assist the CO in the negotiations of the change. Determine when agreed price modification directives or PDL (price-to-be-determined-later) modification directives are necessary to prevent delaying the construction contractor, prepare draft PDL letter and forward to COR, prepare an estimate and finding of fact for contract modification and forward to COR, receive the construction contractor's proposal, perform technical analysis, negotiate and settle final pricing, prepare a record of price negotiation, and assemble and forward complete package to the COR for final processing. Closely monitor the progress on such modifications and resolve the pricing in a timely manner. Assist the CO to resolve PDL prior to 50 percent completion of the work involved. Assure that the Contractor is not paid more than 50% of the PDL amount until the pricing is resolved. If a mutually agreeable settlement cannot be negotiated on modifications, submit to the CO all pertinent facts and a recommendation of what action should be taken. For any change order on which agreement has not been reached on the amount of equitable adjustment prior to commencing work, the CM shall inspect construction contractor performance, and make detailed records of equipment, material, and labor utilized, the impact of changed and unchanged work, and other data or information pertinent to a determination of the amount of equitable adjustment of contract price and time of performance. For a contract modification on which agreement has not been reached on the amount of equitable adjustment prior to commencing work (open price change orders), the CM shall observe the construction contractor's performance and make detailed records of equipment, material and labor utilized, the impact on changed and unchanged work, and any other data or information pertinent to a determination of the amount of equitable adjustment of contract price and time of performance and provide it to the CO. Determine if a change will extend or shorten the specified construction completion date; provide a CPM sub-network reflecting impact on construction schedules and all work; including appropriate time extensions for all change orders. Maintain a schedule showing cost and status of all contract modifications, including date requested, date proposal received, date technical analysis is complete, date negotiated and date issued. Value Engineering Change Proposal (VECP): Review and evaluate any VECP submitted by the D/B under the Value Engineering clause of the construction contract and recommend acceptance or rejection to the COR. Prepare all related correspondence, including letters to the D/B, findings, justification, and contract modification forms. The Construction Manager shall not take any action that commits Government funds, and more specifically, shall avoid any instruction(s) to the D/B Team that could be interpreted as authorizing modifications to the contract. All modifications to the contract must be processed as formal contract modifications. The Contracting Officer, prior to requesting a proposal from the D/B Team, must approve tenant agency requests. Value Engineering Change Proposals (VECP): A VECP is a submittal by the D/B Team for a substitute material or building item that is of less overall cost (life cycle), yet still meets all required functions. A VECP is processed similar to other contract modifications. Review all VECPs received and prepare a recommendation on whether to accept or reject the VECP. GSA shall make the final decision on acceptance or rejection. Prepare the GSA Form 2437, Findings of Fact for Contract Modification, including rationale, cost estimates, and revised documentation, as necessary to resolve RFI’s or support contract modification. 35 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 3.4.1.4.12 Design Builder Payment Requests Review all requests for payment, conduct specified inspection/payment meetings and recommend payment or rejection of progress payments to the construction contractor in accordance with the following: Progress/Payment Meetings: Establish a schedule for inspection and progress/payment meetings to be attended by the project manager, designated inspector, and the D/B Team, to expedite the payment process. The designated inspector shall have the technical expertise to perform payment inspections. The inspection meetings shall be completed prior to the monthly progress meeting, thus ensuring timely inspections. The payment meetings shall result in an agreement being reached on the amount of the D/B’s payment. After the meeting, CMa shall document the meeting in memo form and notify the CO by telephone that the meeting has taken place and percentage agreed upon. The written memo will be sent to the GSA Project Manager with the inspection report and all other payment documents required under the terms of the construction contract within one (1) calendar day after receipt of the copy of the D/B's invoice. If a reasonable time goes by without receipt of the invoice, contact the Contracting Officer or COR. Any questions concerning payments should be addressed to the Contracting Officer identified in the scope of work. Progress Payments: Prepare progress payment recommendations (normally monthly) derived from site inspections and forward directly to the COR not later than one calendar day from the receipt of the D/B's invoice. Establish extent of acceptable in-place work, determine amount of installed and non-installed materials, track current contract amount as may be modified by contract modification, keep records of prior payments, and determine retainage to be withheld. The Government will not pay for in-place work that is not acceptable. D/B's invoice for payment shall not be assumed as being a valid amount to recommend for payment. The recommendations must be arrived at by independent analysis. Reconfirm calculations. Materials and Equipment: Storage of off-site materials shall comply with contract requirements regarding the furnishing of Certification of Bond and Insurance for warehouse where materials are stored. Bills of sale must be furnished for materials prior to payment for those materials. • Request for consideration of payment of any materials stored off-site must be coordinated and approved by the Contracting Officer prior to ordering of materials that will require off-site storage. Such materials must be specifically set aside and clearly identified for use in this project. • Stored material remaining on the pay request from previous months shall be inspected each month to ascertain condition of material. With respect to on-site materials not installed, the construction contractor must submit invoices, which clearly define the materials for which payment is being made and shows the quantity and value of each separate material item. • Invoices that list many materials but give only a lump sum value are not acceptable. Invoices with a typed description of materials but with handwritten values shall not be accepted. On- site materials for which payment is being recommended must be verified to be on-site. • Payment cannot be made for materials that have not met all the conditions for approval. For example, if a material is approved-as-noted and the noted condition is that a specified compliance certification be provided, payment cannot be made for that equipment, even if a proper invoice is submitted, until the certification is provided. • Payment shall not be made for in-place work when the equipment is installed if it has not met all conditions for approval. Review to ensure that materials are not classified as completed 36 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 work until they are actually installed, and ensure that the values of on-site and off-site materials are correctly separated on form GSA 184. Until materials are acceptably installed, their value must remain in the "material" column of GSA 184A. Invoice or pay voucher: Immediately upon receipt of the construction contractor's invoice or pay voucher, the CMa shall notate the following on same: • The CMa’s name • A date stamp of the actual date received The CMa shall then make a determination as to a proper invoice or pay voucher in accordance with contract definitions of a "proper invoice". When there is a defective invoice or pay voucher, the CMa shall notify the D/B Team, in writing, and within five (5) calendar days of receipt of same, the basis for non-acceptance, outlining corrections needed. Submit a copy of such written notice to the CO and COR. In the review of each payment request the CMa shall consider the following: • Prompt payment requirements do not compel the Government to accept work or services which do meet contract requirements. • That the Government's payment will be based on the construction contractor's satisfactory performance. • That only the CO has the authority to approve payments. If the invoice received is incorrect or improper in accordance with the terms of the construction contract or the inspection/payment meeting held, or if any supporting documents have not been received or are incorrect, then reject the invoice within one (1) calendar day after receipt of the invoice. Forward the invoice rejection letter via overnight (for next day delivery) to the COR for the CO's signature within one (1) calendar day of receipt of the invoice. Progress Payment Procedures: The procedures for progress payments are prescribed in Handbook GSA P 3420.2A (Acquisition Letter PP-93-2). Payment for in-place work must be made only for satisfactory in-place work. • Failure to process progress payment or final payments in accordance with the terms of the construction contract, and in a timely manner, could result in the CMa firm being held liable for any interest paid for late payment to the construction contractor. • All payment documents and supporting documents will be mailed to the COR by overnight or next day delivery. Mark the outside of the package with the words "Payment Document Enclosed-Priority Status" in large red letters. Payment Documents: The following payment documents shall be submitted with payment requests: • Confirmation contractor’s As-Builts markups have been reviewed. • Summary report indicating progress status on predetermined milestones. • Listing of progress (value) on specific activities during the payment period. • Copy of invoice from the D/B Team. • All original correct payrolls for the period of the construction payment. Payrolls shall be turned in weekly, after being reviewed by CMa. • Payroll Checklist confirming review of payrolls. • Inspection Report, GSA Form 220. • Progress Payment Report, GSA Form 184 and backup sheets. • Any other payment documents required by the construction contract. • Signed Release of Claims form (GSA Form 1142) must be received with the final invoice. • Labor Standard Interview Forms Retainage: Retainage during construction must be adequate to offset the estimated cost to correct defects and omissions and unsatisfactory work. Contract provisions direct retainage to be 37 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 applied when the D/B's performance is unsatisfactory. The GSA will apply retainage if the project is 5% behind schedule. It is important to note that retainage is calculated by applying the percentage to the amount of work completed during the progress period and then adding it to the previously-held retainage. After substantial completion has been established, retainage should be reduced to the amount necessary to accomplish correction of defects and omissions and to offset any anticipated liquidated damages. When estimating retainage after substantial completion, all administrative, engineering, re-procurement costs, and increased costs by separate contract, etc. must be considered in the event the corrective work has to be accomplished by separate contract. 3.4.1.4.13 Management of Construction Contingency Allowance The CMa shall provide recommendations and supporting cost estimates for all proposed adjustments to the construction contingency allowance. 3.4.1.5 Construction Excellence Peer Reviews Participate in up to three construction excellence peer reviews. The peer reviews are typically conducted at 15% and 50% of construction completion. 3.4.1.6 Art in Architecture Installation Coordinate art-in-architecture and other art work delivery and installation (i.e., site preparation, structure, storage, installation, etc.) Coordinate all activities related to installation of artwork and construction of any integral building or sitework elements with the artist(s), the A-E, the design builder, and the GSA, in order to avoid any duplication of labor or any removal and reconstruction of building elements impacted by artwork. 3.4.1.7 Construction Stage Commissioning During the Construction Stage, the design builder will coordinate its testing, inspection and quality assurance activities with the CxA independent testing, inspection and verification. Elements of the design builder’s quality control plan for all systems, assemblies and equipment may overlap elements of the commissioning requirements, which will be independently verified by the CxA. The CMa shall perform Construction Stage commissioning support services, as described below. 3.4.1.7.1 Construction Stage Commissioning Plan Updates Review and comment on the CxA Construction Stage commissioning plan updates, defining all Construction Stage commissioning roles and responsibilities specific to testing and inspection of commissioned systems and building features and performance of special testing. 3.4.1.7.2 Commissioning Schedule Review and comment on the CxA commissioning schedule, coordinating the commissioning work with the Project Delivery Team to ensure commissioning activities are being incorporated. 3.4.1.7.3 Construction Stage Commissioning Coordination Participate in regular commissioning coordination meetings with the Project Delivery Team. 3.4.1.7.4 Systems Coordination Plans Review and comment on the design builder’s systems coordination plans. 3.4.1.7.5 Commissioning Testing and Inspection Procedures Assist the CxA in obtaining information required to perform commissioning tasks, including O&M materials and CC start-up and checkout procedures. Before systems start-up, assist the CxA in coordinating with contractors and design engineers to obtain 38 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 information and clarity on control sequences and interlocks as necessary to develop detailed testing procedures and an enhanced systems start-up and initial systems checkout plan. Review and comment on the CxA commissioning test procedures for commissioned systems, including pre-functional test (PFT) procedures, functional performance test (FPT) procedures and documentation forms and construction checklists for all commissioned equipment and assemblies. Review and comment on the CxA enhanced start-up and initial systems checkout plan with contractors for commissioned equipment. 3.4.1.7.6 Construction Checklists Ensure the design builder completes the construction checklists as the work is accomplished. Commissioning Testing and Inspection Assist the CxA in performing/witnessing the required independent commissioning testing and inspection. Assist the CxA in performing/witnessing retesting and reinspection, as required, if initial testing and inspection indicates performance deficiencies. Assist the CxA in coordinating the scheduling of additional off-site testing (such as blast), and mockups and preparing special testing reports, as appropriate, for building diagnostics tests of critical components and systems. 3.4.1.7.7 Commissioning Inspection Reports Review and comment on the CxA commissioning inspection reports. 3.4.1.7.8 Commissioning Test Certifications Assist the CxA in assembling and reviewing all commissioning test certifications described in the testing and inspection plan. 3.4.1.7.9 Commissioning Issues Log Assist the GSA in assuring resolution of failures reported in the commissioning issues log. 3.4.1.8 Turnover Process 3.4.1.8.1 Substantial Completion Prior to substantial completion, assist the GSA in conducting a pre-final walk-through with tenant agencies. Assist the GSA in determining substantial completion. 3.4.1.8.2 Punch-List After the GSA certification the work or each designated portion thereof is substantially complete, assist the GSA in conducting a final inspection and preparing a punch-list documenting remaining work. CM should receive and confirm punch lists from D/B team before forwarding them to the GSA. Participate with the GSA in conducting follow-up inspections to administer resolution of punch-list items, involving the A-E, the design builder, tenant agencies and other stakeholders, as appropriate. GSA needs 2 weeks notice to inspect certain areas. 3.4.1.8.3 Operation and Maintenance (O&M) Manuals 39 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Review and recommend acceptance, revision or rejection of O&M manuals. Provide manuals electronically to the GSA. 3.4.1.8.4 Warranties and Certificates Review submitted warranties, guarantees and certificates, ensuring the GSA rights and responsibilities are clearly defined. 3.4.1.8.5 Final As-Built Drawings and Specifications Review the design builder’s final as-built drawings and specifications for completeness and clarity and recommend approval or disapproval by the GSA. 3.4.1.8.6 Material Samples, Attic Stock and Spare Parts Receive and inventory attic stock required from the design builder, coordinating storage with the GSA property management. Keep a checklist of attic stock required throughout project from beginning of construction. Refer to it often and confirm appropriate attic stock is being provided by D/B team. 3.4.1.8.7 Preparation for Occupancy Assist the design builder in planning and scheduling of property management training with the GSA property management staff, allowing sufficient lead time for the GSA to prepare for the training and to ensure the appropriate personnel will be available. Submit sign in sheets for the training to the GSA. Ensure the design builder conducts training of operating staff in optimal operation and maintenance of the delivered facility as required in accordance with Division 1 of the construction specifications. The training is to be conducted on-site in the completed and fully operational facility, using the actual equipment in place and is to include any available and suitable video material from manufacturers and suppliers. Ensure the design builder performs digital video recording of all training sessions. Assist the design builder in editing and consolidating all video materials, including suitable manufacturer/supplier video material, into a set of training videos suitable for use in training and retraining property management staff. Review the design builder’s training video set and recommend approval or disapproval by the GSA. Review the A-E room numbering list(s) to match the data structure of the computerized maintenance management system (CMMS). Participate with the GSA in conducting an inspection and walk-through with local emergency responders (fire/police). Assist the GSA in obtaining written approval (certificate of occupancy) of fire protection and life-safety systems from the authority having jurisdiction (AHJ). Assist the GSA in transferring control of the facility to the property manager, including all keys and security/access control responsibility. 3.4.1.8.8 Follow Up/Lessons Learned During the one year warranty period (the warranty period shall begin with substantial completion of the respective system), the CMa shall visit the site on two separate occasions; first, at approximately four months into the warranty period and second, near the end of the contractual month warranty period, in conjunction with the 10-month commissioning follow up to test the systems performance in winter and summer seasons to confirm proper performance in peak seasons. 40 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 The CMa shall submit a report to the GSA Contracting Officer to include any unexpected operational characteristics of the new/modified systems and any warranty problems/issues that may have occurred following substantial completion of the projects. Provide follow up report on modifications to commissioned systems (if any), performance status and lessons learned during the operation period. 3.4.1.8.9 Claims Claims Avoidance: The Construction Manager's most important role in claims management is in claims avoidance or prevention. The CMa shall assist GSA in not allowing adversarial situations to escalate into disputes. Since "time is money" to D/B Team, the CMa should be sensitive to the need for timely responses in all contract administration matters. If disputes arise with the construction contractor, the CMa is to act quickly to resolve them. Every effort should be made to avoid claims by clear and prompt written communications, prompt resolution of conflicts, prompt responses to construction contractor submittals, and good management and administrative practices: • Answer all written correspondence from the construction contractor in a reasonable timeframe. By "reasonable," this means that written response to the D/B Team concerning a particular matter should be postmarked no later than seven (7) calendar days upon receipt. Given that some circumstances will not have resolution within the aforementioned timeframe, the Construction Manager shall still provide written response stating that the 'General Services Administration is reviewing the situation/concerns voiced in your letter, and shall address these concerns within thirty (30) calendar days.' The Contracting Officer in conjunction with the COR shall determine this timeframe in this event. All letters from the D/B Team shall be answered by the Construction Manager in a timely manner and copies of all correspondence should be provided to the CO and COR. • Anticipate situations that may precipitate claims. Look for indications that the construction contractor is functioning in a "claims" environment. • If the Construction Manager observes or suspects that a problem exists that makes GSA liable to receive a claim, then the CMa shall: • Evaluate the risk to GSA; • Explore alternatives for resolving the problem with the construction contractor; • Consider preparing supplemental guidance for issuance to the construction contractor to clarify contract requirements; • If appropriate, initiate a contract modification to compensate the construction contractor for changed conditions. • If the Contracting Officer determines that there is entitlement to recover damages, the Construction Manager shall prepare an estimate of the entitled damages and draft a finding of facts to support entitlement. • If the Contracting Officer determines that there is no entitlement to recover damages, the Construction Manager shall draft a finding to support denial of the claim. Claims Analysis: Review claims from the D/B Team and render all assistance which the Government may require, including furnishing reports with supporting information necessary to resolve the dispute or defend against the claim. Assist in preparing and assembling the appeal file; participate in meetings or negotiations with the claimant; appear before the Board of Contract Appeals or court of law; and provide other appropriate assistance. Once pertinent documents have been assembled, analyze the merits of the claim, obtaining expert opinions or testimony from witnesses if necessary. Claims analysis includes: • Identification of each of the elements of the claim; • Separation of the claim into specific legal and contract elements such as the following: • Differing site conditions 41 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 • Deficient or conflicting contract documents • A cardinal change that is outside the scope of the contract • Acceleration • Suspension or temporary delay • Termination • Directed change • Constructive change • Expressed or implied warranties • Delays outside the control of the D/B Team (e.g. abnormal weather) • Impossible performance (work cannot be accomplished in accordance with the contract) • Determination of the contractual rights and obligations of each party for each element of the claim; • Determination of actual occurrences of job tasks related to the claim and modeling of these to establish time impacts; and • Analysis of reasonableness and validity of claimed cost impacts. Filing a claim: Create a document file for the claim. Provide careful attention to collection and safeguarding of these documents as soon as the CM is aware that the construction contractor is in a potential claim situation. Documents to include are: • Pertinent correspondence. • Daily construction diaries. • Inspection reports. • Applicable contract documents - original, modified, and new. • Progress payments and supporting data. • Periodic progress photos and those taken to show specific relevant items. • Meeting minutes. • Shop drawings, samples, and submittals. • Master project schedule and construction contractor schedules. • Statements from witnesses and expert testimony. Recommendation to CO: Recommend to GSA whether entitlement is warranted and draft a recommendation to the claim. The recommendation shall take into consideration whether the cost of defending the claim exceeds the amount claimed and any impacts the decision might have on the construction contractor's performance of the balance of work. Prepare technical fact sheets on claims and terminations, prepare a final decision letter for the CO's signature, and forward to the COR for processing. Claims beyond Government's Acceptance: Claims services provided prior to expiration of the 3 month period beyond the Government's completion and acceptance of construction shall be provided as part of CMa service. Claims services provided after the three (3) month period described above shall be provided as Post Construction Claims Services, as negotiated, in advance, between the CO and the CMa, and as determined reasonable by the CO. Such Post Construction Claims Services will be only those services authorized by the CO. 3.4.1.8.10 Labor Provisions The CMa shall assist the CO to enforce Labor Standards Provisions of the construction contract. In conjunction with the proper inspections, monitor contract labor compliance, perform on-site interviewing of selected employees, check for posting of wage rates and nondiscrimination notices, and fill out labor interview reports and maintain on file at construction site for CO review. The CMa shall interview employees of the D/B Team and subcontractor(s) for proper classification and rate of pay as required by regulations issued by the Department of Labor implementing construction labor standards (29 CFR Part 5). Confirm that the D/B Team has posted the effective wage rate decision at the site. Inspect and report to the CO and COR any disproportionate number of laborers, and apprentices to journeymen. The CMa shall review all D/B payrolls after receipt from the D/B to verify payment of required minimum wage rates and compliance with the labor standards of the construction contract. Verify that workers designated as apprentices are enrolled in a bona fide apprentice program. 42 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 The CMa shall notify the D/B Team of any apparent labor violations and inform the CO and COR immediately. The CMa shall prepare a letter for the Contracting Officer's signature informing the contractor of violations and corrective action to be taken. The CMa shall maintain a suspense system on all violations until resolved by the contractor. If labor standards violations are discovered, the CMa shall also be required to assist GSA in preparing Reports of Violation of Labor Provisions and in enforcing the wage restitution requirements of the contract. The CMa shall maintain a daily list of subcontractors working on the job. The CMa shall periodically verify that the D/B contractor’s approved Subcontracting Plan is in effect. CMa verification shall include reviewing contractor records (such as subcontracting reports, source lists, contract guidelines, documentation of outreach efforts, etc.) and conducting interviews on a biweekly basis of the contractor and subcontractor employees. A letter report shall be prepared by the CMa and sent to the CO/COR, summarizing the D/B’s subcontractor activity and the D/B’s adherence to goals within the Subcontracting Plan on at least a quarterly basis. 3.4.2 Closeout Phase 3.4.2.1 A-E/Final Record Documents The design builder will produce final record documents based on their as-built drawings to reflect all contract modifications and noted field conditions. As-built drawings of each floor should be created by the A/E and collected by the CMa for GSA use as each phase is completed and the original tenants reoccupy their space. The CMa shall monitor the development of the design builder’s record documents to ensure they conform to the GSA PBS CAD standards. 3.4.2.2 GSA CAD Library Coordination No CMa services required. 3.4.2.3 Closeout Phase Commissioning Activities 3.4.2.3.1 Re-Commissioning Manual Review and comment on the CxA re-commissioning manual. 3.4.2.3.2 Preliminary Commissioning Record Review and comment on the CxA preliminary commissioning record. 3.4.2.3.3 Preliminary Systems Manual Review and comment on the CxA preliminary systems manual. 3.4.2.4 Final Project Photographs No CMa services required. 3.4.2.5 Project Awards/Certifications Assist the GSA in compiling documentation and submitting applications for design awards and/or certifications. Assist the A-E in preparing all required documentation for the project to receive a final LEED® rating within one year of building occupancy. 3.4.2.6 Design Builder Contract Closeout Assist in resolving all remaining punch-list items. 43 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Assist the GSA in establishing a final breakdown of the total design builder’s contract amount into a core and shell component and TI and security components for each tenant (i.e. each client billing record). 3.4.2.7 Registry of Designers and Builders N/A. 3.4.2.8 Dedication Ceremony Assist the GSA in planning a dedication ceremony, as appropriate, coordinating schedule opportunities with national, regional and local officials. 3.5 Tenant Occupancy Stage 3.5.1 Occupancy Agreements and Rent Phase 3.5.1.1 CAD Assignment Drawings CMa should collect CAD assignment drawings of each floor from the D/B team as tenants are returned to their permanent space. 3.5.2 Furniture, Fixtures, and Equipment (FF&E)/Move-In Phase 3.5.2.1 Furniture Procurement and Installation Assist in coordinating custom furniture delivery and installation. 3.5.2.2 Telecommunications Systems Installation Assist the GSA in coordinating telecommunications installation. 3.5.2.3 Agency IT/Data Systems Installation Assist the GSA in coordinating IT installation. 3.5.2.4 Courtroom Technologies N/A. 3.5.2.5 Tenant Agencies’ Audio-Visual (A/V) and Security Systems Assist the GSA in coordinating tenant agencies’ security system installation. 3.5.2.6 Tenant Move-Out and Move-In This project is being performed in multiple phases. Assist the GSA in reviewing move out and move-in plans. This includes participating in the D/Bs planning of the tenant move-out and move-in plans and monitoring of the D/Bs execution of the move-in & move-out process. Coordinate the use of the service elevator by the D/B team for tenant moves within the building. Assist the GSA in coordinating for building access, storage/staging and FF&E installation requirements. Coordinate with D/B team electronic tenant orientation brochures describing overall building layout, features/services, building service telephone numbers, emergency exiting and other relevant information during each stage of the project. Assist the D/B and GSA in making the tenant orientation brochures available to the tenants on a secure website. 44 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 3.5.3 Operations/Service Phase 3.5.3.1 Computerized Maintenance Management System (CMMS) Setup Ensure the D/B Team provides electronic project data (i.e. inventory of new Mechanical Equipment, including equipment description, rating, and serial numbers) to the GSA for initiating the CMMS system. 3.5.3.2 Operations/Service Phase Commissioning Refer to CxA scope section. 3.5.3.3 Operations/Service/Utility Agreements No CMa services required. 3.5.3.4 1-Year Property Management Retraining No CMa services required. 3.5.3.5 Post Occupancy Activities See Follow Up/Lessons Learned above. 45 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 COMMISSIONING SERVICES (CxA) 4.1 Reference Materials • GSA Commissioning Guide • Construction Documents and Specifications • PBS P100 • All Applicable Building Codes • LEED Reference Guide 4.2 Scope of Work The Commissioning Agent (CxA) shall be responsible for carrying out the tasks in this document. The CxA shall perform all required testing to ensure strict adherence to the construction contract documents as they relate to items listed in paragraph 5.3. Testing performed by the CxA may duplicate but shall not relieve the general construction contractor to perform like tests as required. 4.2.1 Site Acquisition Stage -No CxA services required. 4.2.2 Pre-Design Stage – No CxA services required. 4.2.3 Design Stage 4.2.3.1 Design Stage Commissioning 4.2.3.1.1 Commissioning Record Outline Prepare and submit an outline for development of the commissioning record to be assembled over the course of design and construction. The commissioning record outline shall include sections for the following: • Commissioning plan, including testing and inspection plan • Commissioning schedule • Owner’s project requirements (OPR) • Design narratives (BoD) • Focused commissioning design review reports • Commissioning meeting minutes • Commissioning specifications • Commissioning issues log • Systems coordination plans • Testing and inspection procedures • System start-up plans • Construction checklists • Inspection reports • Test reports • Commissioning test certifications • Training documentation • Deferred testing documentation • Post-construction review/re-inspection reports 4.2.3.1.2 Design Stage Commissioning Plan Updates 46 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Update and refine the commissioning plan (based on the GSA preliminary commissioning plan) during the Design Stage as described in the GSA PBS Building Commissioning Guide. At each phase within the Design Stage, prepare and submit an updated commissioning plan based on the corresponding level of design development. 4.2.3.1.3 Design Stage Commissioning Coordination Meetings Conduct Design Stage commissioning coordination meetings with the Project Delivery Team. 4.2.3.1.4 Owner's Project Requirements (OPR) At each phase within the Design Stage, review and update the owner's project requirements (OPR) documentation for additional detail and clarity. Assist the D/B in incorporating the results of the OPR review in the design narratives accompanying each design submission. The design narratives will serve as the Basis of Design (BoD) as referenced in the GSA PBS Building Commissioning Guide. 4.2.3.1.5 Fire Protection Certification No CxA services required. 4.2.3.1.6 Design Stage Commissioning Issues Log Maintain a master log of design stage commissioning issues. Report all issues through the CMa as they occur. Provide written progress reports with recommended actions. Assist the GSA in assuring resolution of issues in the commissioning issues log. Document in the issues log the resolution of all design stage commissioning issues. 4.2.3.2 Art in Architecture Procurement 4.2.3.2.1 Art in Architecture Selection No CxA services required. 4.2.3.3 Design Concept Phase No CxA services required. 4.2.3.4 Design Development (DD) Phase This section applies to the entire project scope as described in Section 1. 4.2.3.4.1 DD Coordination 4.2.3.4.1 DD Program Review Workshop No CxA services required. 4.2.3.4.2 DD Systems Selections Analysis Meetings Participate in meetings with stakeholders, as required, to further define alternatives and required analysis for major/critical building systems and components. 47 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.2.3.4.3 DD Analyses and Calculations Review and comment on the D/B analysis and supporting documentation for systems selections/optimizations. 4.2.3.4.4 DD Art in Architecture Coordination No CxA services required. 4.2.3.4.5 DD Interdisciplinary Coordination Review Meeting Prior to DD submission, participate in an interdisciplinary Project Delivery Team review meeting. 4.2.3.4.6 DD BIM Requirements No CxA services required. 4.2.3.5 Space Planning No CxA services required. 4.2.3.6 Construction Work Sequence Planning No CxA services required. 4.2.3.7 Construction Market Survey No CxA services required. 4.2.3.8 HVAC Quality Assurance Reviews Participate in a HVAC quality assurance review meeting with the OCA HVAC program advocate. 4.2.3.9 DD Mockups and Tests No CxA services required. 4.2.3.10 Design Stage Systems Testing Witness performance of the testing required to commission the systems in the facility. 4.2.3.11 DD (35% Design) Submission Conduct a focused commissioning design review of the DD submission. Prepare and submit the updated OPR documentation. Prepare and submit the updated commissioning plan. 4.2.3.12 Updated Work Allocation Plan and Budget Breakdown No CxA services required. 4.2.3.13 DD VE Workshop CxA shall participate in the DD VE Workshop. 48 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.2.4 Construction Documents (CD) Phase [BASE] The entire project scope as described in Section 1 4.2.4.1 CD Phase Commissioning 4.2.4.1.1 Commissioning Specifications Develop full commissioning specifications for all commissioned equipment, and coordinate with A-E in integrating the commissioning specifications into the construction specification. Review project specifications for contractor qualifications, submittal requirements, testing, adjusting and balancing specifications, training requirements and O&M and system manual requirements. 4.2.4.1.2 Systems Manual Outline Prepare and submit an outline for development of the systems manual to be assembled over the course of construction and provided as a comprehensive guide for operation, maintenance, management, and periodic re-commissioning of the completed facility. The systems manual outline shall include, at a minimum, sections for the following: • Training procedures and manuals for operating personnel, including training videos • Operation and maintenance (O&M) manuals • Warrantees • Record documents (drawings and specifications) • Building preservation plan/guidelines • Computerized maintenance management system (CMMS) administration and user guides • Re-commissioning manual 4.2.4.1.3 Design Stage Commissioning Record After all Design Stage work is complete, prepare and submit a Design Stage commissioning record. Include the design stage commissioning issues log documenting resolution of all commissioning issues identified. 4.2.4.1.4 Testing and Inspection Plan Develop a testing and inspection plan, defining all special testing requirements, to be coordinated with and reflected in the construction specification and Construction Stage commissioning services contract. Include sample percentages for testing of high-count multiple equipment items not to be 100% tested. Incorporate the plan as an appendix update to the commissioning plan. 4.2.4.1.5 Owner's Project Requirements (OPR) - CD Update Review and update the owner's project requirements for additional detail and clarity based on CD Phase decisions. Assist the A-E in incorporating the results of the OPR review in the CD design narratives. 49 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.2.4.2 CD Coordination 4.2.4.2.1 CD Program Review Meetings Prior to the start of CDs, participate in program review meetings. 4.2.4.2.2 CD Coordination (Special Tasks) Review D/B provided information identifying all manufacturer’s recommended operating, maintenance and cleaning practices for major features, systems and equipment; and coordinate with the GSA/tenant agency property management officials to define specification requirements for service agreements, warrantees, and turnover-related training. Ensure that the D/B addresses integration of safety/security/building automation systems and controls, both internal and external (remote) to the building. Assist the D/B in defining project related telecommunications infrastructure work within the construction specification, and coordinating with the GSA and impacted tenant agencies. 4.2.4.2.3 CD BIM Requirements No CxA services required. 4.2.4.2.4 In-Progress CD Interdisciplinary Coordination Review Meeting Prior to the in-progress CD submission, participate in an interdisciplinary Project Delivery Team review meeting. 4.2.4.3 In-Progress CD (65% Design) Submission Assist the D/B in preparation of an in-progress construction specification for Division 1 General Requirements and other sections emphasizing testing/commissioning requirements. Assist the D/B in updating the design narrative for inclusion in the in-progress CD submission. 4.2.4.4 In-Progress CD Construction Market Survey Update No CxA services required 4.2.4.5 In-Progress CD Commissioning Activities Conduct a focused commissioning design review of the in-progress CD submission. Prepare and submit the updated OPR documentation. Prepare and submit the updated commissioning plan. 4.2.4.6 Updated Work Allocation Plan and Budget Breakdown No CxA services required. 50 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.2.4.7 Pre-Final CD Coordination Prior to the pre-final CD submission, participate in an interdisciplinary Project Delivery Team Review meeting. Coordinate a HVAC/building automation system controls integration meeting where all involved disciplines and stakeholders ensure that integration issues and responsibilities are clearly described in the specifications. Assist the D/B in finalizing the integration of safety, security and building automation systems and controls, both internal and external (remote) to the building. 4.2.4.8 Pre-Final CD (95% Design) Submission Assist the D/B in preparation of the pre-final construction specification for Division 1 General Requirements and other sections emphasizing testing/commissioning requirements. Assist the D/B in updating the design narrative for inclusion in the pre-final CD submission. 4.2.4.9 Pre-Final CD Commissioning Activities Conduct a focused commissioning design review of the pre-final CD submission. Prepare and submit the updated OPR documentation. Prepare and submit the updated commissioning plan. 4.2.4.10 Updated Work Allocation Plan and Budget Breakdown No CxA services required. 4.2.4.11 Final CD (100% Design) Submission Assist the D/B in preparation of the final construction specification for Division 1 General Requirements and other sections emphasizing CMc testing/commissioning requirements. Assist the D/B in updating the design narrative for inclusion in the final CD submission. 4.2.4.12 GSA CAD Library Coordination No CxA services required. 4.2.4.13 LEED® Design Credit Submission Assist the A-E in completing documentation for submission of the LEED® design credits. 4.2.4.14 Final CD Commissioning Activities Make any needed adjustments to the OPR and commissioning plan based on the final CD submission. Prepare and submit the updated OPR documentation and commissioning plan. 4.2.5 CONSTRUCTION PHASE 51 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.2.5.1 Deliverable 02 - prepare and submit an outline for development of a systems manual to include a comprehensive guide for operation, maintenance, management, and periodic recommissioning of the completed facility. The systems manual outline shall include, at a minimum, sections for the following: 1) Training procedures and manuals for operating personnel, including training videos 2) Operation and maintenance (O&M) manuals 3) Warrantees, guaranties and certificates 4) Record documents (drawings and specifications) 5) Building Preservation Plan/Guidelines 6) Equipment Inventory spreadsheet, identifying all MEP standalone equipment, and all identifying (e.g. serial & model nos., & mfr), operating characteristics, and locations. 7) Re-commissioning manual After approval of the outline, prepare and submit a systems manual (Deliverable 03) with updates and revisions based on the commissioning activities, and incorporating the CMMS administration and user’s guides. 4.2.5.2 Coordinate and direct the commissioning activities in a logical, sequential and efficient manner using consistent protocols and forms, centralized documentation, clear and regular communications and consultations with all necessary parties, frequently updated timelines and schedules and technical expertise. 4.2.5.3 Coordinate the commissioning work with the construction contractor and construction manager, to ensure that commissioning activities are being fully coordinated. 4.2.5.4 Plan and conduct commissioning meetings as needed and distribute minutes. 4.2.5.5 Request and review additional information required to perform commissioning tasks, including O&M materials, contractor start-up and checkout procedures. Before start-up, gather and review the current control sequences and interlocks and work with contractors and design engineers until sufficient clarity has been obtained, in writing, to be able to write detailed testing procedures. 4.2.5.6 Review submittals applicable to systems being commissioned for compliance with commissioning needs, concurrent with the design team and Construction Manager reviews. 4.2.5.7 Review requests for information and change orders for impact on commissioning and GSA objectives as required. 4.2.5.8 Review coordination drawings to ensure that trades are making a reasonable effort to coordinate. 4.2.5.9 Write and distribute construction checklists for commissioned equipment. 4.2.5.10 Develop an enhanced start-up and initial system checkout plan with contractors for selected equipment. 4.2.5.11 Perform site visits, as necessary, to observe component and system installations. Attend selected job-site meetings to obtain information on construction progress. Review construction meeting minutes for revisions/substitutions relating to the commissioning process. Assist in resolving any discrepancies. 4.2.5.12 Review HVAC piping pressure test results, sufficient to be confident that proper procedures were followed. Include testing documentation in the Commissioning Record. 4.2.5.13 Review any ductwork testing results sufficient to be confident that proper procedures were followed. Perform UFAD testing as required. Provide subject matter expertise to assist in 52 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 resolving performance problems with commissioned systems. Include documentation in the Commissioning Record. 4.2.5.14 Document construction checklist completion by reviewing completed construction checklists and by selected site observation. 4.2.5.15 Document systems start-up by reviewing start-up reports and by selected site observation. 4.2.5.16 Approve air and water systems balancing by spot testing and by reviewing completed reports and by selected site observation. 4.2.5.17 Coordinate functional testing for all commissioned systems and assemblies. Witness and document manual functional performance tests performed by the Construction Contractor for all commissioned systems and assemblies, except: a) some smaller equipment may be tested and documented by the Construction Contractor at the Commissioning Agent’s discretion, b) electrical equipment testing and regulated testing may be directed and documented by the Construction Contractor with only spot witnessing and report review by the Commissioning Agent. The functional testing shall include operating the system and components through each of the written sequences of operation, and other significant modes and sequences, including start-up, shutdown, unoccupied mode, manual mode, staging, miscellaneous alarms, power failure, security alarm when impacted and interlocks with other systems or equipment. Sensors and actuators shall be calibrated during construction check listing by the installing contractors, and spot-checked by the commissioning provider during functional testing. Analyze functional performance trend logs and monitoring data to verify performance. Coordinate retesting as necessary until satisfactory performance is achieved. Tests on respective HVAC equipment shall be executed. However, some overwriting of control values to simulate conditions shall be allowed. Functional testing shall be done using conventional manual methods, control system trend logs, and readouts or stand-alone data logs, to provide a high level of confidence in proper system function, as deemed appropriate by the Commissioning Agent and GSA. 4.2.5.18 After manual testing and initial trouble shooting is complete, monitor system operation and performance for selected data points for up to two weeks by requesting trend logs from the Construction Contractor from the building automation system. For needed system points not able to be trended by the building automation system, furnish and install temporary portable data loggers that will monitor up to 20 points. Analyze monitored data to verify operation and performance and issue a written report. This time frame and monitoring points may be modified to accurately commission the building. 4.2.5.19 Coordinate and assist in development of test plans, execution and documentation of tests of commissioned equipment overseen by regulatory authorities and ensure that such tests meet the testing and documentation rigor desired by the Contracting Officer. Coordinate and assist in developing a list of systems/equipment that warrant a ‘test plan’. Assure that testing and commissioning is properly defined and detailed in the respective specification sections of the Design and Construction Documents. The system test plans will be developed by the Construction Contractor with review and approval of the Commissioning Agent. Testing and commissioning for these systems shall be per the requirements of those sections of the specifications and the governing codes and standards. The Commissioning Agent shall work with the Construction Contractor and GSA PM to ensure that these tests are scheduled and coordinated with the interfaces to other systems on the project as well as requirements of the authorities having jurisdiction. 53 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.2.5.20 Maintain a master issues log and a separate record of functional testing, report all issues through the Construction Manager as they occur. Provide through the Construction Manager written progress reports and test results with recommended actions. Assist the GSA in assuring resolution of failures reported in the commissioning issues log. Provide subject matter expertise to suggest fixes to resolve performance problems with commissioned systems. Document in the issues log the resolution of all issues identified. 4.2.5.21 Facilitate, oversee and review the training of Government operating personnel. Attend and participate in key equipment and systems training sessions. Review and comment on the videotape of the training sessions for suitability for re-commissioning training purposes. 4.2.5.22 Review and provide recommendations on the preparation of the O&M manuals for commissioned equipment. Incorporate the GSA-approved O&M manuals into the systems manual. 4.2.5.23 Assemble and review all commissioning test certifications as described in the testing and inspection procedures, for incorporation in the commissioning record. 4.2.5.24 Compile a Commissioning Record, also see paragraph 5.1.1, which shall include: 1). A brief summary report that includes a list of participants and roles, brief building description, overview of commissioning and testing scope, and a general description of testing and verification methods. For each piece of commissioned equipment/systems, the report should contain the disposition of the commissioning provider regarding the adequacy of the equipment, documentation and training meeting the contract documents in the following areas: a) Equipment meeting the equipment specifications, b) Equipment installation, c) Functional performance and efficiency, d) Equipment documentation, and e) Operator training. 2). All outstanding non-compliance items shall be specifically listed. Recommendations for improvement to equipment or operations, future actions, commissioning process changes, etc. shall also be listed. Each non-compliance issue shall be referenced to the specific functional test, inspection, trend log, etc. where the deficiency is documented. 3). Also included in the Commissioning Record shall be the commissioning plan, Owner’s Project Requirements (from GSA PM), Basis of Design (from A/E), commissioning specifications, design review, submittal review, issues log, construction checklists, CxA site visit and Commissioning Team meeting minutes, O&M review, training documentation, test procedures, warranty review and test data reports. 4). A Recommissioning Management Manual which provides guidance and establishes timelines for recommissioning of building systems and components. The format of the Recommissioning Management Manual will closely parallel the Commissioning Plan for the facility. 5). Deliverable 04 - submit 3 bound text copies of the Commissioning Records with 3 CD copies including all information listed in 2). & 3). above. 4.2.5.25 Review and comment on final as-built/record drawings and specifications as they relate to commissioned equipment/systems. 54 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.2.5.26 Review and comment on Punch-List documenting remaining work. Participate with the GSA in conducting follow-up inspections to administer resolution of Punch-List items, involving the A-E, the contractor, tenant agencies and other stakeholders as appropriate. 4.2.5.27 Sustainable Design/LEED. The GSA is committed to incorporating principles of sustainable design and energy efficiency into all of its building projects. This project must be certified through the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED®) green building rating system. The target USGBC LEED® rating for this project is the Silver level. The project must achieve at a minimum the USGBC LEED® certified rating, with higher rating levels encouraged. The DB Contractor shall register the project with the USGBC at the beginning of design, maintain the LEED® rating checklist throughout the DB design process, and provide all LEED® consulting services required to assist the GSA in obtaining the targeted LEED® certification level. The DB Contractor shall also submit documentation to the GSA and USGBC for the project to receive LEED® credit related to design activities, at completion of design. The DB Contractor is responsible for executing the construction, including provision of specified products, systems and materials, as necessary to achieve anticipated sustainability goals (LEED® credits), and for preparing related documentation to support the LEED® certification submission. The DB Contractor shall submit documentation to the GSA and USGBC for construction credits within one year of building occupancy for a final LEED® rating. Further information on the GSA procedures for achieving LEED® certification is provided in the GSA PBS LEED® Applications Guide. 4.2.6 POST-CONSTRUCTION PHASE Provide services to perform the following tasks listed in paragraphs 4.2.1 and 4.2.2 below. Deliverable 07 - Upon completion, provide a written report addressing each task. The report shall include: interviews, method(s) of review, observations made, recommendations and copies (appendix) of any other reports required. 4.2.6.1. Coordinate and supervise required opposite season or deferred testing and deficiency corrections and provide the final testing documentation for the Final Commissioning Report and O&M manuals. 4.2.6.2. Return to the site at 10 months into the 12 month warranty period, conduct the following tasks: 1) Review with facility staff the current building operation and the condition of outstanding issues related to the original and seasonal commissioning. 2) Review the operating conditions of all major equipment, identifying those changes necessary to operate the building as designed. 3) Interview facility staff and identify problems or concerns they have with operating the building as originally intended. 4) Make suggestions for improvements and for recording these changes in the O&M manuals. 5) Identify areas that may come under warranty or under the original construction contract. 6) Assist facility staff in developing reports and documents and requests for services to remedy outstanding problems. 7) Review and resolve any outstanding commissioning issues recorded in the commissioning issues log. 4.2.7 SYSTEMS AND ASSEMBLIES TO BE COMMISSIONED The following is a general list of systems and assemblies to be commissioned. CxA is to work with GSA to refine this section to make it more robust and holistic. 1) Building envelope including all components of new curtain wall assemblies (specify windows and doors, construction joints, etc.) 55 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 2) All equipment related to the heating, ventilating and air conditioning systems, as it relates to the new installed equipment. 3) Building Automation System. 4) Electrical lighting systems. 5) Plumbing 6) Lawn/Plaza Irrigation system 7) Sustainability features (see LEED matrix list) 4.2.8 OTHER REQUIREMENTS 4.2.8.1 The CxA contractor shall attend the commissioning kick-off meeting at the site with representatives from the GSA and CM, to review the requirements of the scope of work. At the conclusion of the kick-off meeting the CxA contractor shall review construction progress to observe operations including means and methods, equipment installation, staging, coordination and superintendence and other factors affecting project progress and provide mitigation strategies to GSA. The CxA contractor shall develop a commissioning work plan and a schedule for work to be done and allow sufficient time for review, and refinement by GSA. The results of the above requirements shall be assembled into a report that will serve as Deliverable 01. The CxA contractor shall update the commissioning work plan to reflect any approved changes during its progress. 4.2.8.2 The CxA contractor shall draw from existing resources and materials in conducting project evaluation, mitigation strategies, recommendations and analysis related to this project. 4.2.8.3 The CxA contractor shall provide a Final Written Report (Deliverable 05) documenting and summarizing the analyses conducted, findings, and mitigation strategies employed for the project. The report shall include but is not limited to the following: 1) Executive Summary 2) Project Description/Project Status 3) Impediments to Timely Project Completion 4) Mitigation Recommendations Prioritize mitigation recommendations 5) Appendix 6) Testing results and recommendations for UFAD systems 7) Other supporting information 4.2.8.4 The CxA contractor shall provide a monthly status report by email to the GSA COR and this status report will be made in conjunction with the customary invoice methodology. 4.3 Qualifications of the Commissioning Agent It is GSA’s desire for the person(s) designated as the site Commissioning Agent to satisfy as many of the following requirements as possible: 1) Acted as the principal Commissioning Agent for at least three projects of comparable size, type and scope. 2) Extensive experience in the operation and troubleshooting of HVAC systems and familiarization with programming features of Siemens (DDC) control systems. 3) Extensive field experience is required. A minimum of five full years in this type of work is required. 4) Knowledgeable in building operation and maintenance and O&M training. 5) Knowledgeable in national building & fire codes. 6) Knowledgeable in test and balance of both air and water systems. 7) Knowledgeable in LEED and Sustainable design criteria. 56 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 8) Experienced in energy-efficient equipment design and control strategy optimization. 9) Specific experience with specialty systems related to this project (i.e. building automation systems, Energy Conservation features/systems, daylighting and lighting control systems, etc.) 10) Demonstrated experience with total building commissioning approach including building envelope, data and communication systems and other specialty systems 11) Direct experience in monitoring and analyzing system operation using energy management control system trending and stand-alone data logging equipment. 12) Excellent verbal and writing communication skills. Highly organized and able to work with both management and trade contractors. 13) Experienced in writing commissioning specifications. 14) A bachelor’s degree in mechanical or electrical engineering is strongly preferred, and P.E. license is desired; however, other technical training, past commissioning, and field experience will be considered. 15) Membership with the Building Commissioning Association is desired. 16) Membership with the US Green Building Council is desired. 17) Leadership in Energy and Environmental Design (LEED) Accredited Professional is desired. The required expertise for this project will be based on the skill and experience set of the full team making the proposal. A member of the prime firm will be the designated Commissioning Agent who is the member of the team that will coordinate the commissioning activities from the technical perspective. This party may not necessarily be the team’s overall project or contract manager. The Commissioning Agent must have significant in-building commissioning experience, including technical and management expertise on projects of similar scope. If the Commissioning Agent or prime firm does not have sufficient skills to commission a specific system, the prime firm shall subcontract with a qualified party to do so. Subcontractor qualifications shall be included and clearly designated in the response to this scope of work. 4.4 Proposal Requirements – For CxA Services only The proposal for these CxA services shall be a supplement to the proposal for CMa services. The Proposal need not be voluminous, but shall provide sufficient information to allow GSA to evaluate the Consultant’s approach, experience, staff and availability. The offeror shall: 1) Limit their proposal to 15 single-sided pages, including graphics, for these CxA services. A letter of introduction, section dividers, detailed resumes and the sample work products of item five below are not included in this limit. 2) Have the proposal signed by an officer of the proposing firm with the authority to commit the firm, if separate from the CMa firm. 3) Fill out the attached Commissioning Firm Experience form and the Commissioning Task Listing form (Exhibits 2 and 3) for each firm on the team. List no more than four projects in Exhibit 3. 4) Provide an organizational chart for managing and executing this contract. 5) List the individual(s) who will serve as the lead Commissioning Agent for the design phase and for the construction phase of the contract (they may be different people). 57 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 6) Provide resumes for key staff and sub-consultants. The resumes shall include specific information about expertise in commissioning tasks, (e.g. plan reviews, specifications, commissioning management, troubleshooting, test writing, test execution, energy management, etc.). 7) Briefly describe relevant experience of the offeror’s team in the following areas. List the involvement of key team members. a) projects similar to this one b) O&M experience c) energy-efficient equipment design and control strategy optimization (experience with Siemens control systems) d) project and construction management e) system design (specify disciplines) f) system troubleshooting g) experience in environmental sustainable design 8) Describe your proposed approach to managing the project expertly and efficiently, including distribution of tasks, travel, and duration of which staff will be on site during what periods of time, etc. Describe what approach you will take to integrate the commissioning into the normal design and construction process in order to minimize potential time delays. Describe what you will do to foster teamwork and cooperation from contractors and design team and what you will do to minimize adversarial relationships. Describe how you intend to determine the appropriate level of commissioning effort for the various systems and equipment. 9) As an attachment, provide the following work products that members of the offeror’s team developed. List the team member who actually wrote the document and the projects on which they were used. Work from the designated Commissioning Provider is preferred. a) Commissioning plan that was executed (the process part of the plan); b) An actual functional test procedure form that was executed (the filled out version). 10) Provide a fixed, lump sum total cost to accomplish the work as described in this document. All task amounts include associated meetings, progress reports and direct costs (travel, mileage, per diem, communications, etc.). Provide a cost breakdown. Also provide a loaded hourly rate for each team member for work that may exceed the scope. For each phase, provide the percentage level of effort for each primary team member. 11). Provide a statement of offeror’s liability insurance coverage (type, and dollar amount of coverage). Proof of this insurance will be required after the award of this contract to the winning proposal. The respondent must submit two (2) copies of the proposal, each signed by an authorized representative of the firm. Submit to the Contracting Officer. The CxA firm (if it is a separate firm) shall submit their proposal to the CMa firm that holds the FSS contract as they will be a consultant/subcontractor. 4.5 Special Government Requirements The CxA contractor shall provide in-house personnel or subcontract personnel who conduct these services with the following qualifications: 1) Technical writing/Presentation capabilities 2) The CxA contractor shall provide resumes for all key personnel. (Note: Key personnel shall be subject to approval by GSA). 3) If the commissioning firm’s personnel or sub-consultants change for this project, GSA must review and approve the replacement personnel, in advance. The replacement personnel shall have, at minimum, equivalent qualifications as the original personnel. 58 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 4.6 Government Furnished Equipment and Misc Other Building Plans and other Drawings, if determined necessary. GSA Guides as applicable The CxA contractor may receive access to other data and information necessary to perform this work only if determined and facilitated by GSA and upon GSA’s discretionary rights, resolve and approval. The CxA contractor shall obtain and evaluate project materials such as schedules, man-power reports, and other documents as needed to evaluate the status of the project, as necessary. 4.7 Proprietary Information In the event that performance of any work under this contract causes the CxA to gain access to proprietary and/or confidential information of other firms/contractors, the CxA is required to immediately execute Technology Exchange Agreements with those firms/contractors, in order to protect the information from unauthorized uses. The CxA is required to refrain from using any such information for any purposes other than for which it was furnished. The CxA must immediately provide the Contracting Officer with a copy of any such agreements with original dated signatures affixed. 4.8 Protection and Control of Government Documents The CxA is required to develop and utilize procedures for custody, use/handling, reproduction, storage, safeguarding, and disposition of all documents and information of this nature. These procedures must be designed and carried out so that there is no unauthorized disclosure of such documents and information throughout the contract performance. 4.9 Period of Performance To be determined by GSA, but generally will be during the entire construction period for the Leland Building Renovation project where applicable commissioning activities are planned to occur as well as the performance of a system check up 10 months after construction completion. The anticipated construction duration (after design approval) is 30 months. 4.10 Submission Schedule To be determined. 4.11 Administration GSA Representatives. On behalf of the GSA Contracting Officer (CO), the Contracting Officer’s Representative (COR) is responsible for the general administration of this Work Order, review/acceptance of all deliverables, and technical direction. This individual will serve as the Government point of contact concerning information exchange, submission review, and payment. Nothing said by the COR shall be construed to change contract requirements unless supported in writing by the CO. 4.12 Payments Payments shall be made in accordance with contract terms and conditions. 59 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 5 ADMINISTRATION 5.1 No CMa services required 5.2 Payment for Construction Phase Services Refer to GSAM 552.232-74 Invoice Payments. 5.3 Travel Unless otherwise indicated in the Scope of Services sections, the CMa is responsible for travel costs to support the requirements contained in this Statement of Work, including all progress meetings, workshops, reviews and site visits. The CMa shall assume all travel will be within the vicinity of the project site, except as specifically indicated otherwise in the Scope of Services sections. 5.4 Reproduction and Delivery Printing, reproduction and delivery costs necessary for execution of this contract are included the contract fee. 5.5 Additional Services The GSA may require additional services that expand upon or are otherwise related to the scope of services provided in this Statement of Work. Such services may be procured by modification of this contract, as provided under FAR 52.243-4, Changes. Personnel required to perform additional services shall have qualifications as recommended and approved by the GSA appropriate to the nature of the service being provided. Examples of additional services that may be required are as follows: • Studies and investigations • Drafting/CAD services • Presentations • Certification services of trade societies, institutes, testing labs, etc. • Specialty consultant services • Reproduction and courier services not already included in the project scope. • Project document validation • Testing services • Provision of construction support services: o Installation of Government furnished items o Incidental construction work • Special photography • Still photography • Site video monitoring services • Provision of special equipment or facilities, such as trailers, furniture, telephones, unusual testing apparatus, etc. • Specialized inspection services • Post construction services: o Providing occupancy planning including development of move schedules, cost estimates, inventory lists, etc. o Providing move coordination, relocation assistance, and/or furniture coordination o Providing telecommunication and data services coordination • Expert testimony • Other services required after completion and acceptance of construction. • Other services as may be required by the GSA 60 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 5.5.1 Subcontracting If additional services are to be obtained by subcontract, small business subcontracting must be used to the extent agreed upon in the approved CMa subcontracting plan for the base contract and as otherwise practicable. The CMa may be required, at the direction of the GSA, to obtain competitive bids or offers for subcontracts. The CMa must prepare all solicitation documents, statements of work with performance requirements, cost estimates, price negotiation memoranda and other documents as required by the GSA. Based on the bids or offers received, fair and reasonable fixed prices will be negotiated with the CMa for having the requirements subcontracted including associated CMa overhead, profit and commission. 5.5.2 Subcontractors and Consultants Any subcontractor or consultant required by the CMa shall be approved in writing by the GSA prior to beginning work. Subcontractors and consultants submitted for evaluation during the procurement process will be considered approved without additional GSA approval. Any substitution of approved subcontractors and consultants and their personnel shall likewise be subject to prior written approval by the GSA. 5.5.3 Additional Services Involving Construction If the performance of construction work priced in aggregate above specified limits is included in additional services procured by modification of this contract, the contract clauses required in accordance with the following FAR sections shall apply: FAR 25.1102, Acquisition of construction (Buy American Act provisions) FAR 22.407, Solicitation provision and contract clauses (Davis-Bacon Act and Copeland Act provisions) FAR 28.102, Performance and payment bonds and alternative payment protections for construction contracts (payment protections) 5.5.4 Additional Services Contemplated in Contract Pricing The negotiated rates in the contractor’s Federal Acquisition Services contract shall also apply to additional services performed by the CMa under modifications to this contract. 5.5.5 Additional Clauses As a result of this project being funded by the American Recovery and Reinvestment Act of 2009, the following clauses are added to this solicitation: FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009. (Mar 2009) (a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). (b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts. FAR 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. (Mar 2009) (a) Definitions. As used in this clause— “Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and 61 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16. “First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act. “Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter. “Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter. “Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)): (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. (3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above-market earnings on deferred compensation which is not tax-qualified. (6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000. (b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public. (c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter. (d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov. (1) The Government contract and order number, as applicable. (2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool. 62 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 (3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter. (4) Program or project title, if any. (5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure. (6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act. (7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide— (i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and (ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained. (8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if— (i) In the Contractor’s preceding fiscal year, the Contractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount. (10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows: (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) The applicable North American Industry Classification System (NAICS) code. (vi) Funding agency. (vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (viii) Subcontract number (the contract number assigned by the prime contractor). (ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable. (x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable. (xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if— 63 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 (A) In the subcontractor’s preceding fiscal year, the subcontractor received— (1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and (B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (End of clause) FAR 52.215-2 Audit and Records—Negotiation. (Mar 2009) (a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. (b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract. (c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to— (1) The proposal for the contract, subcontract, or modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3) Pricing of the contract, subcontract, or modification; or (4) Performance of the contract, subcontract or modification. (d) Comptroller General.— (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions. (2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating— (1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and (2) The data reported. (f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition— (1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and 64 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 (2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. (End of clause) Alternate I (Mar 2009). As prescribed in 15.209(b)(2), substitute the following paragraphs (d)(1) and (g) for paragraphs (d)(1) and (g) of the basic clause: (d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to— (i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and (ii) Interview any officer or employee regarding such transactions. (g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract. (2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts. FAR 52.222-54 Employment Eligibility Verification (JAN 2009) (a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”— (1) Means any item of supply that is— (i) A commercial item (as defined in paragraph (1) of the definition at 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. “Employee assigned to the contract” means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee— (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. “Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. “Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. “United States”, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall— (i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the 65 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of— (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of— (i) Enrollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E- Verify. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee— (1) Whose employment eligibility was previously verified by the Contractor through the E- Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or 66 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that— (1) Is for— (i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,000; and (3) Includes work performed in the United States. FAR 52.244-6 Subcontracts for Commercial Items. (Mar 2009) (a) Definitions. As used in this clause— “Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions. “Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract. (c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items: (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act. (iii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212(a)); (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39). (viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64). (2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. (End of clause) GSAM 552.232-70 Invoice Requirements (Sep 1999) (a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or order. (b) Invoices must include the Accounting Control Transaction (ACT) number provided below or on the order. (c) In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract or order, the following information or documentation must be submitted with each invoice: 67 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 NOTE: The ACT number has been replaced by the Accounting Document Number (ADN). The ADN must be listed on all invoices in order to ensure proper payment. The ADN will be provided at contract award. American Recovery and Reinvestment Act of 2009 - The fund source for this modification is the Recovery Act. The modification designates the Recovery Act Contract Line Item (CLIN) TBD. All invoices for payment that result from work under this modification must cite the modification CLIN TBD to enable the required agency obligation and expense reporting to Recovery.gov. A properly executed invoice must show the name and address of the business concern as listed on the award, the invoice date, the Contract Number, the Order number, if applicable, the contract ADN, and the corresponding Recovery Act CLIN. The GSA Form 1142, Release of Claims is required to be submitted only on the Final Payment request. (End of Clause) 6. APPENDIX 1 - General Scope of Services It is the intent of this document to list requirements of the CMa and the Government to provide general information to guide the D/B design decisions. This document is not intended to be exhaustive on the CMA/CxA performance, requirements or deliverables. The scope shall also include all miscellaneous, incidental items of work not specifically stated as may be required to achieve the general intent. STANDARD SERVICES 6.1 The Construction Manager as advisor (CMa) The Construction Manager (CMa) shall perform services in a manner solely consistent with the best interests of the Government. The CMa shall: 6.1.1 Review design documents, prior to construction commencing, with emphasis on constructability and identifying and reporting to the Government defects/errors and omissions discovered in the design. The Construction Manager must take all reasonable precautions to ensure that the design meets all requirements of the design program and applicable regulations, codes and standards. It is not intended that the Construction Manager duplicate the design effort. The Construction Manager shall review the design for defects, errors, omissions and conformance to the RFP Program and applicable codes with professional diligence, utilizing experienced, competent personnel. 6.1.2 Monitor the performance of other contractors, maintaining and tracking project schedule, and overseeing financial accounts. 6.1.3 Safeguard documents to minimize the possibility of unauthorized use. 6.1.4 Evaluate the contractor’s (all subcontracts associated with the delivery of this project including but not limited to the D/B) initial schedule and subsequent updates and that the design and construction will be completed as early as possible, but not later than the scheduled contract completion date. 6.1.5 Ensure that the construction is performed in conformity with D/B contract plans and specifications including conformance to prospectus scope, budget limitations, and design guidelines in the analysis, design, and subsequent documentation of the project. 6.1.6 Identify optimal operational characteristics of the systems to be installed and ensuring the completed installation conforms to the optimal operational characteristics identified in the commissioning plan. 6.1.7 Assist the GSA project team with administrative tasks, including documentation, record keeping, payment validation and submittal and change order processes. 6.1.8 Provide technical expertise such as estimating, performing technical analysis, negotiating, testifying as expert witness, and assisting GSA in resolving claims and responding to inquiries. 68 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 6.1.9 Take the initiative in coordinating with the Property Manager and, through that person, with tenant agency personnel regarding any work in progress to ensure smooth progress on the job. Maintain tenant contact list for whole facility. 6.1.10 Keep the COR apprised of project activities and schedules so they can perform all duties in a timely manner. 6.1.11 Review submittals from the A/E. 6.1.12 Provide the formal VE studies for this project. 6.1.13 Be responsible for the overall administration of the construction project. 6.1.14 Perform quality assurance inspections of the project. 6.1.15 Confirm construction estimate tracking and make recommendations to ensure project documents represent an expectation of successful bid. 6.1.16 Track construction award and modification budgets. 6.1.17 Make recommendations regarding tactics leading to successful construction phase. 6.1.18 Prepare agenda and facilitate design kick off meetings for Design Development and Construction Development Phases. 6.1.19 Other: All design, drawings, specifications, lab reports, and other documents furnished under this contract shall be the property of the Government. 6.1.20 Approvals: Approvals required by this contract shall be issued only by the GSA Contracting Officer or the GSA COR. Changes to the contract or effort made by direction from anyone except the GSA CO shall be at the risk of the contractor providing the service and shall be at no cost to the government. 6.2 The Architect/Engineer under the Design/Build contract shall: 6.2.1 Review existing GSA building drawings of Leland Federal Building projects and associated site data as well as design standards referenced in this Appendix and other applicable codes and standards. 6.2.2 Coordinate and conduct site visits to verify existing conditions. 6.2.3 The D/B Team shall schedule a monthly meeting with the Construction Manager as advisor (CMa) and GSA Project Manager for the purpose of discussing procedures, progress, problems, scheduling, and other necessary matters. The Architect/Engineer shall also invite those consultants deemed necessary to the monthly meeting. The monthly meetings do not necessarily have to be conducted in person and can be held via conference call. At the discretion of the GSA Project Manager, the frequency of these meetings may be changed. 6.2.4 Furnish monthly written summary of the progress of the work (1-2 pages). These reports shall be emailed to the GSA Project Manager and the GSA CO. 6.2.5 Prepay shipping charges on all charts, sketches, drawings and documents sent to GSA and to all designated reviewing entities. 6.2.6 Fully coordinate and provide support for equipment to be installed by the tenants such as conduit and power for audio/visual, telecommunication and security systems, etc. 6.2.7 Participate as Design Architectural/Engineer for the Formal VE study including attendance at the VE presentations and preparation of the VE implementation reports. 69 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 6.2.8 Present and discuss Submittals to the Government in meetings with GSA and the building tenant representatives, and Design Excellence Peer Reviewers. Present and discuss project at local government meetings. 6.2.9 Provide responses to questions regarding the construction documents during the solicitation period. Prepare any required amendments to bid documents resulting from this conference as part of the basic services. 6.2.10 Respond quickly (within the specified number of days in this contract) to information requests (RFI's) necessary to clarify the intent of the contract documents during construction of the project. 6.2.11 Champion the budget. 6.3 The Government shall: 6.3.1 Furnish Public Buildings Service Handbooks with their amendments and other data listed in Attachment 1, A/E Scope of Work, which are made part of this contract by reference, to the D/B Team. 6.3.2 Furnish information regarding the building/site which may be available. 6.3.3 Furnish information required for design. 6.3.4 Resolve conflicts between federal tenants and provide D/B direction. 6.3.5 In conjunction with the CMa, review all material submitted by the D/B team. Other review of material will be made as required by the progress of the project. 6.3.6 Confer with and obtain approvals of occupying tenants. 6.3.7 Obtain proposals and award construction contracts. 6.3.8 In conjunction with the CMa, make inspection of the project. 7. APPENDIX 2 – Cost Estimating Requirements - Not needed 8. APPENDIX 3 – Value Engineering Services - Not needed 9. APPENDIX 4 – Project Requirements – Not Needed 10. APPENDIX 5 – BIM (Building Information Modeling) – Not needed 11. APPENDIX 6 – GSA CADD Standards/ Project Record – Not needed 12. APPENDIX 7 - Definitions CONTRACTING OFFICER The Contracting Officer is a person employed by the Government with the authority to enter into, administer, make related determinations and findings, and/or terminate Government contracts. The Contracting Officer is the final authority in all contractual matters relating to this contract as well as to any design, construction, or 70 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 other type of contract associated with this contract. The Contracting Officer has overall responsibility for administration of this contract and is authorized to take action on behalf of the Government to amend, modify, or deviate from contract terms, conditions, requirements, Specifications, details, and/or delivery schedules. The Contracting Officer may delegate certain other responsibilities to authorized representatives. CONTRACTING OFFICER’S REPRESENTATIVE The Contracting Officer's Representative (COR) includes certain authorized, Government-employed, representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. The COR will be designated to assist the Contracting Officer in discharge of responsibilities when the Contracting Officer is unable to be directly in touch with the contract work. Responsibilities of the COR include, but are not limited to, determining the adequacy of performance by the contractor in accordance with terms and conditions of this contract, acting as the Government representative in charge of work at the site, ensuring compliance with the contract requirements insofar as the work is concerned, and advising the Contracting Officer of any factors which may cause delay in the performance of the work. DESIGN/BUILD CONTRACTOR (D/B) The Design/Build Contractor (D/B) is the contractor responsible for the design and construction of the facility in accordance with the documents as described in section 1.4 of this document. CONSTRUCTION MANAGER AS ADVISOR (CMa) The CMa is the contractor selected to assist the CO and COR by performing the design and construction phase services and Commissioning specified in this contract. In providing construction management services described in this contract, this CMa shall maintain a working relationship with the D/B team and GSA. Nothing in this contract shall be construed to mean that the CMa assumes any of the D/B team responsibilities. The D/B team is solely responsible for design and the construction means, methods, sequence and procedures used in the construction of the project and for related performance in accordance with its contract with the Government. CONSTRUCTION ENGNEER (CE) The Construction Engineer (hereinafter referred to as the CE) is a GSA employee assigned to the project as representative of the CO during the construction phase. The CE will periodically visit the site. The Construction Engineer's functions and authorities will generally include providing advice and assistance to key personnel of the CM and the construction contractor(s) as well as reviewing the status and quality of construction and contract administration to ensure compliance with applicable contract documents. This individual is usually the COR. INSPECTOR(S) The inspectors are architects, mechanical, electrical and structural engineers or persons with specialty knowledge derived from experience in the work performed under construction contracts. Inspectors are responsible for performing work during construction; recommending approval/rejection of the general contractor’s materials, workmanship and equipment; monitoring labor and safety provisions; maintaining inspection logs and records including lists of defects and omissions; and other related activities. REIMBURSABLE SERVICES This term refers to performance of services of special consultants, and other services that may be required by the CO/COR for which the Government shall reimburse the CM for costs and expenses without markup for overhead and profit. The CM may be compensated for any administrative handling charge. Any such services can be ordered only as authorized by the Contracting Officer by modification to this contract or under Direct Pay procedures. When directed by the Contracting Officer, the CMa shall solicit a minimum of three (3) competitive bids to provide additional requested services by subcontract. Based on the bids received, a firm fixed price shall be negotiated with the CMa to provide the additional services. The negotiated fixed price may include any administrative handling charge for awarding and administering the subcontracts. The administrative 71 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 handling costs may vary according to the nature, extent, and complexity of the work involved, but in no case shall the administrative handling cost exceed five (5) percent of the cost of the subcontract. These services may include: Special consultant and special inspection services, subject to prior approval from the Contracting Officer as well as general condition items. All services provided after completion of the Construction Phase Services. Testing Services. Testing services directed by the Contracting Officer shall be provided by the Construction Manager by subcontract as follows: a. The Construction Manager shall obtain and evaluate a minimum of three (3) proposals from qualified laboratories or firms. The proposals, along with a copy of the requirements, shall be forwarded by the Construction Manager to the Contracting Officer with an appropriate award recommendation. If satisfactory to the Contracting Officer, the Construction Manager may be authorized to subcontract for services. b. Proposals for all testing services shall be priced on a unit cost basis. c. Testing services shall be performed in strict compliance with requirements of the contract documents. Tests above and beyond those specified may be performed after approval by the Contracting Officer and based on the recommendation of the Construction Manager. Testing services shall be coordinated with ongoing work at the site for efficient performance and so as not to delay the work in progress. Other services as may be required/directed by the Contracting Officer. GENERAL CONDITION ITEMS With the exception of reimbursable general condition items contracted for by the CMa, the CMa shall not be responsible for and shall not have control or charge of construction means, methods, techniques, sequences or procedures, safety programs and procedures, or for acts or omissions of the contractor(s), subcontractor(s), agents and employees, or any other person performing any of the work. 72 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 13. APPENDIX 8 - Inspection Services 13.1 The CMa shall reasonably inspect the work performed by the D/B contractor and it’s subcontractors in order to verify conformity with the requirements of the construction contract. The CMa shall verify that workmanship, materials, and equipment delivered to the jobsite for installation or installed by the construction contractor meet or exceed the requirements of the project, including but not by way of limitation, the contract, contract drawings and Specifications, subsequent contract modifications, approved submittals, shop drawings or standards or codes which may be referred to or incorporated by reference in the contract. The CMa as a professional and acting in such capacity under contract to the Government and as directed by the Government will be held liable to the Government for all damages caused by its negligence in providing the services furnished under this contract or as a result of its failure to provide the contracted services. By entering into this contract the parties hereto expressly agree that the term "negligence" and its definition as used herein shall mean any one of the following pertaining to the CMa’s actions: A. Failure to possess or use ordinary skill, knowledge or judgment possessed by those who are members of this profession in the locality to which the work is to be performed. B. Failure to use such diligence as may be required to inform the CO of material facts relating to the performance of the work. C. Failure to call to the Contracting Officer's attention in a timely manner any matters impacting upon successful or timely completion of the work within established budgets and schedules of which the CMa is aware or should have reasonably been aware. D. Failure to meet the standards or criteria established by the Administrative Boards and courts for judging the adequacy of a CMa's performance. 13.2 The CMa by entering into this contract is warranting and representing to the Government that it gives its assurance that (1) it has the ordinary skill, knowledge, and judgment possessed by licensed and professionally accredited members of its profession; (2) that he shall permit no others, or delegate to others, not so comparably qualified to work on this project, or if done so will indemnify the Government and hold the Government harmless for adverse consequences of having done so; and (3) that it will use reasonable and ordinary skill and diligence in the application of its professional knowledge and skill. 13.3 The CMa agrees that the Government is entitled to recover from the CMa damages suffered by the Government as a result of a breach of its professional duty to the Government under this agreement. Such damage may include: (1) the Government's in-house costs of inspecting/administering construction for an extended period; (2) costs of work and materials, equipment or supplies that must be removed as well as the cost of removal; (3) costs of design or redesign for correcting the defect or omission, unless such defect or omission is the result of D/B contractor negligence, upon which the D/B contractor will bear responsibility for costs to correct the defect, error or omission; (4) delay damages and increased costs which the Government would be obligated to pay the D/B contractor; and (5) additional rental of leased property which could have been vacated except for the delay resulting from the defect or omission and its correction. The CMa and the Government agree that the Government is not responsible for any CMa expenses or changes for the extended period for which the CMa must remain on the job in order to oversee the completion of the tasks by the D/B contractor due to the CMa’s negligence or breach of this agreement. This is not intended to be construed as an exclusive listing of damages which the Government might suffer nor is it intended as a limitation upon the kind of actual damages for which the Government may recover. The purpose of this section is to place the responsibility for performance of professional duties on those who have been contracted to perform them and to make such persons accountable for damages incurred by the Government resulting from their failure to adequately perform their duties under contract to the Government. This is not the Government’s exclusive remedy against the CMa. 13.4 It is understood that if the CMa has not yet been paid all the monies due it, the amount of the damages claimed by the Government may be withheld from payments to the CMa due under the contract, or may be set off against unpaid amounts due the CMa under another contract. 73 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 14. APPENDIX 9 – Submittal Requirements, Evaluation Criteria/Key Personnel Minimum Qualifications and Bases for Award Proposal Due Date: Contracting Officer no later than 2:00 PM (CST) on Proposals shall be received by the March 4, 2010. Mailing Address: Carrie Haman, GSA Contracting Officer General Services Administration (7PQA) 819 Taylor Street, Room 12B Fort Worth, Texas 76102-6105 14.1 Submittal Requirements and Evaluation Criteria: Submit the names and qualifications (resumes) of key professionals who will be assigned to this Project. Use the key personnel titles as stated in this RFP. If the titles differ from your GSA Multiple Award Schedule price list, use the title in the RFP with the price list title in parenthesis. At least one of the individuals serving as 14.2.3 or 14.2.4 proposed for this project shall have experience with the erection of curtainwall systems, and with installation of large commercial HVAC systems. Experience with 14.2.1, LEED projects is required. A. Submit information on the Project Construction Manager and the General Inspectors to answer or respond to the items listed below in 14.2.3 and 14.2.4 respectively. B. Name who will fill the roles of the positions as listed in the paragraphs below (14.2.2 through 14.2.7 - include listed CxA team members / *14.2.10 Administrative Assistance resume not required for solicitation/selection procedure). C. References: List references for each of the projects included in numbers 14.2.3 and 14.2.4 below. For each reference, list the person’s name, address, current verified telephone number, and the nature of the relationship (client, lessee, owner, project manager, contracting officer). These contacts must be knowledgeable of these individuals and must have worked with them previously. References and current contact information shall be provided for each individual for a maximum of three projects that are similar in scope to this one. Provide the questionnaire form (Figure 1) which is provided at the end of this RFQ to each reference. The reference person shall return the form to you in a sealed envelope. The Offeror shall not open the envelope. The sealed envelopes shall be submitted with your proposal package. D. Provide previous project specific information with enough detail to allow reviewer to ascertain whether or not the project is similar. This factor considers the Offeror’s (major subcontractor) past performance within the last eight (8) years on a maximum of three similar* projects as defined below, as a Construction Management (CMa) contractor. For each project submitted, the CMa shall address the following items in the format provided; Timeliness, Cost Control, Quality, Business Relations, Safety, and Continuity of Personnel. For each project, the CMa shall be evaluated based upon on the resumes provided. GSA may choose to contact references. For each project identified, the CMa shall provide the following information: • Project Name • Project Location • Description of actual work performed by the CMa and CxA’s own work forces 74 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 • Construction start date (NTP), target completion date, actual completion date • Provide a narrative that elaborates on project similarities in respect to the proposed project • Customer Point of Contact and Phone/Contact Number • Chart or Table indicating similarities of proposed project to the example projects *Similar is defined for this project as: extensive architectural and MEP renovations of a commercial office building or other building (Governmental, Institutional or commercial) of $30 million or greater and 300,000 GSF or greater, and ten (10) or more floors. Additional consideration will be given to projects involving a Design/Build format, Curtainwall replacement, and extensive renovation work in occupied bldgs. Note: A project is considered similar when, based on the consensus judgment of the evaluating board members, the project has enough characteristics or similarities in common with the subject project that they could be determined comparable. E. A firm-fixed price task order will result from this RFP. Pricing shall be broken down for all Offerors composing the proposed CMa / CxA team by job title, travel, consultants (with their pricing breakdown) other direct cost, overhead and profit. Standard Forms 2630 and 2631 shall be submitted by the offering firm. Standard Form 2630 shall also be submitted for all sub-consultants. These forms are available at www.gsa.gov/forms. In addition to these forms Offerors are required to complete the attached spreadsheets for total costs breakdown and travel costs breakdowns. The total value of this task order will exceed the maximum ordering threshold of $750,000.00 established for SIN’s 871-7 and CR425, and therefore Offerors are encouraged to propose discounted rates on this request for proposal. F. The RFP submittal shall be in 8½” x 11”, vertical (portrait) format, consisting only of the specified materials requested below. Fold-out 11” x 17” pages are acceptable. Submit five (5) copies of each bound document, in a soft cover, comb binder or equivalent. Do not submit the proposal in a loose- leaf, three-ring, hard cover binder. The proposals shall be no longer than 50 pages (or 25 sheets front and back). The maximum number of pages that will be evaluated is 50. The reference questionnaires do not count toward the page number limit. G. Five (5) Hard copies of the Technical and Cost Proposals are required. 2 CD’s with the electronic files shall be provided containing searchable adobe format for both technical and cost proposals. Cost Proposal shall be bound and sealed in an envelope separately from the Technical Proposal. H. The proposal should state the firm’s schedule contract number and which option year the firm is currently in under their contract. The cost proposal shall include an appendix with the firm’s current labor categories and rates on GSA Schedule. I. All disciplines in the Offeror’s proposal, including those for subcontractors and consultants, must be on the Offeror’s schedule contract at the time the proposals are due. If the proposal does not clearly identify the disciplines in accordance with the Offeror’s schedule contract the Offeror will be determined to be non-responsive and will receive no further consideration. Offerors should contact the GSA Contracting Officer who administers their contract for any questions pertaining to disciplines. Offerors must provide a statement in the cover letter of their proposal stating “All proposed disciplines herein have been verified to be in accordance with our schedule contract and no non- schedule disciplines are included in this proposal.” 14.2 Key Personnel Minimum Qualifications: 14.2.1 General Instructions 1. Experience/Qualifications on Resumes a. Educational information must include degree, year received and university attended. 75 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 b. Professional registration, where required, must include professional accreditation title, year received, license number and state issuing registration. Specific engineering discipline (i.e. Fire Protection Engineer) must be identified. Only active registrations, where required, will be recognized. c. Professional experience must be specific enough to allow for clear indication, i.e. “15 years in Engineering Profession (year - year), 5 years in Commissioning (year - year)” that RFP requirements have been met. Indicating specific dates for cited experience is required. 2. No “dual-hatting” of 14.2.2, Project Construction Manager/Inspector, beyond as Scheduler allowed under 14.2.2.5e shall be permitted. 3. Erection of curtainwalls, and HVAC construction experience for either 14.2.3 or 14.2.4 is strongly preferred. 4. The CMa team shall have at least five (5) full time staff members: Project Manager, General Inspectors, Estimator/Scheduler, and Administrative Assistant. The CMa will also consist of part-time engineering personnel, primarily mechanical, electrical, structural, and a Curtainwall specialist. Workload of the part time staff will be determined by the Project Manager, based on recommendations from the architect and general inspector. It is assumed that the workload for the mechanical engineer and the Curtainwall specialist will be 20% of the full time staff, and the structural and electrical engineers will be 10%. The entire CMa team listed above plus any consultants deemed necessary, will be directed by the CMa project manager. The CMa team will be the field representatives of the COR. 14.2.2 Project Executive (home office): The contractor shall designate a Project Executive for this contract who possess a 4 year college degree (Bachelors of Architecture or Bachelors of Civil, Mechanical or Electrical Engineering or Construction Management, or other related degrees.), 10 years of practical project/ field experience and have been employed with the firm for at least the past 5 years. The primary role of this individual is that of a liaison between the on-site Project Manager (PM) and the home office. This person will work with the PM on a part-time, as needed basis to support the PM and his/her staff. The Project Executive will attend the weekly progress meetings at least once a month. 14.2.3 Project Manager. The Project Construction Manager shall have a minimum 15 years experience, with CMa experience on at least two(2) construction projects in the past eight (8) years total cost exceeding $30M each, and be the CMa employee designated as the "key" representative responsible for ensuring delivery of the day-to-day management services during the design and construction phases and construction-related portions of the project. Both projects must have been multi-story buildings. Additional consideration will be given if the PM has experience with high-rise Curtainwall/window systems installation and/or replacement. He/she shall have a minimum of a four-year college degree in architecture, engineering, architectural engineering, construction management, or related field and shall be a registered Architect or Engineer. All references contacted shall provide a satisfactory or better rating. The Project Manager shall work closely with the GSA team and the D/B contractor, which includes the A/E, during all phases of this project and must also possess the knowledge, skills, and abilities to perform the following functions: 1. Ability to communicate effectively, orally, and in writing. Experience in preparing written reports, correspondence, and in briefing clients and management personnel. 2. Successfully understand the fundamentals of current construction contract law, and possess the ability to interpret construction contract drawings and Specifications and FAR/GSAR clauses. 3. Understanding construction management procedures, including the ability to understand different project scheduling software (e.g. Prolog Manager). 4. Successfully authoring and creating written reports and other documentation. 5. The Project Construction Manager should have in depth working knowledge of construction project CPM schedules, and the related details of their use in managing and monitoring large building construction projects, and possess working knowledge/capabilities of Primavera P3 or Suretrack. 76 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 6. Experience in conducting inspections to resolve problems on construction projects and briefing Government personnel. 7. Knowledge of construction practices and techniques, including experience in proper installation methods of construction materials. 8. Ability to inspect materials, workmanship, and construction and installation of various systems, and experience in the actual inspection of construction materials, workmanship, and installation of systems. 9. The knowledge of construction scheduling, budgeting, materials and methods, and industry design standards. 10. Basic understanding of LEED requirements. 11. The Project Manager should be experienced in the use of email, and be readily available by email, and responsive to email communication from the GSA project team. 14.2.4 General Inspectors: The contractor shall designate two full-time on site General Inspectors (designate one of these inspectors as the Lead Inspector for this contract) who possess as a minimum a high school degree or equivalent, and continuing education (seminars, formal classes, conferences) in the design and/or construction field. In addition, they must have at least 10 years experience in all facets of facility construction inspection, and possess the following minimum knowledge, skills and abilities: 1. Ability to communicate effectively, orally, and in writing. Experience in preparing written reports, correspondence, and in briefing clients and management personnel. 2. Experience in conducting inspections to resolve problems on construction projects and briefing Government personnel. 3. Knowledge of construction practices and techniques, including experience in proper installation methods of construction materials. 4. Ability to inspect materials, workmanship, and construction and installation of various systems, and experience in the inspection of construction materials, workmanship, and installation of systems. 5. The knowledge of construction scheduling, budgeting, materials and methods, and industry design standards. 6. Ability to interpret engineering and architectural plans and Specifications. 7. Basic understanding of LEED requirements. 8. Extensive construction experience with Curtainwall systems, for at least one of these inspectors is strongly preferred. 9. The General Inspectors should be experienced in the use of email. The lead inspector should be readily available by email, and responsive to email communication from the GSA project team. 14.2.5 Project Estimator/Scheduler: The Contractor shall designate at least one full-time on site Estimator/Scheduler for this contract who possess at a minimum of 10 years practical experience in estimating and 5 years experience in hands-on scheduling. The Estimator/Scheduler must demonstrate knowledge and experience in using of Primavera Project Planner and Primavera SureTrack software programs, and able to compute construction costs for contract modifications, and experience in material takeoffs of construction work and pricing the value of that work for equitable contract adjustments. This person may be assigned other duties as required. If this person does not have the knowledge or capability for more in depth schedule analysis, when deemed necessary by the project team, the CMa shall provide the services of those who are capable from alternate sources. 14.2.6 Claims Analyst. The Claims Analyst shall have a minimum 10 years experience in analyzing construction claims and must possess the knowledge, skills, and abilities to perform the following: 77 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 1. Developing and performing investigations and identifying and reporting objectives, plans, and legal strategies. 2. Obtaining or developing investigative plans resulting in the written findings for: a. Initial construction progress or work schedule. b. "As-Built" schedule. c. Establishment of entitlement. d. Total cost of construction. e. Comparison of actual or as-built schedule to the initial construction contract schedule. f. Detailed work plan. g. Construction claims and schedule-related analysis. 14.2.7 CxA Team. The CxA shall provide sufficient staff of managers, inspection and testing engineers, field inspection and testing technicians, clerical and administrative personnel, etc. to perform the required work. At a minimum, the CxA key team members shall consist of the following: • Commissioning Process Manager with a minimum of 10 years experience in the Engineering industry and a minimum of 5 years experience in the commissioning field. This position can be filled by an individual who is performing as a member of the licensed PE commissioning staff. • Licensed Professional Engineers (PE’s) for ALL disciplines with a minimum of 5 years experience with specialty experience in the work performed under construction contracts for that particular discipline. • Field Inspection and Testing Technicians shall have a minimum of 5 years experience. Reference Statement of Work for Commissioning Agent (CxA) for additional information. 14.2.8 Administrative Assistance (Construction Office). The Administrative Assistant(s) required to complete the construction activities must possess a working knowledge of standard office procedures required in a CMa office managing a large construction project, able to function in word processing and spreadsheet user programs, and ultimately with the ePM system implemented. Note: The CM shall also submit one (1) page resumes of qualifications of staff engineers, and a curtainwall specialist, proposed to conduct specialty inspections (mechanical, electrical, structural, etc.). Staff engineers shall be graduates of an architectural or engineering school with a minimum Bachelor degree in their respective areas of expertise and have at least 7 years of practical experience. They shall also be required to hold current state professional registrations to practice their discipline. The Professional Registration License sheets do not count against the proposal page limit requirement. 14.3 Basis for Award After evaluation of initial offers or when final proposal revisions are completed, the Government will make an award to the responsible Offeror whose offer conforms to the request for proposal and is most advantageous to the Government, cost or price and technical factors listed below considered. For this request for proposal, the technical factors are significantly more important than cost or price. However, as proposals become more equal in their technical merit, the evaluated cost or price becomes more important. The overall evaluation and selection will be based on the best value to the Government. 78 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 14.3.1 Technical Evaluation Factors – Following are the factors listed in descending order of importance. 1. Individual Experience - In order for an offer to be considered minimally acceptable, the offeror must submit resumes and references in accordance with Appendix 9, 14.1 and 14.2. 2. Technical Approach – Provide a brief narrative as to the offeror’s planned approach at meeting the requirements. In addition, the offeror shall provide: a. A schedule for design and construction phase CMa and CxA activities indicating duration, logic, sequence, milestones and S-Curve data (i.e. earned value). b. A matrix indicating travel per phase and personnel. Durations and destinations shall also be included. 3. Management Plan – The offeror shall submit a plan describing how the work will be accomplished. a. Management Plan shall include an organizational chart indicating offeror’s organizational structure and key personnel listed by name and title. b. Management plan shall include a narrative explaining quality assurance/quality control plan for both design and construction phases, and describe how they will address if quality standards have not been met. c. Management Plan shall include a Commissioning narrative for both design and construction phases. Level of required commissioning shall not be less than requirements of GSA Building Commissioning Guide. d. Staffing and levels of effort during design and construction shall be as required to support statement of work requirements. The minimum FULL TIME staff on-site during construction shall include: • Reference 14.2.3, Project Construction Manager • Reference 14.2.4, General Inspectors • Reference 14.2.5, Project Estimator/Scheduler: e. The contract duration is expected to be 270 days during design and 1,260 days for construction activities with a construction completion date of June 30, 2014. There will be approximately 30 days of overlap and construction activities shall extend 90 days beyond construction completion. No deviations will be considered. f. Provide a description of how you will track and control and report (with existing systems) the information required by and in accordance with the American Recovery and Reinvestment Act (ARRA) of 2009. Proposals not meeting the minimum requirements of the statement of work including Appendix 9 shall be considered non responsive and will receive no further consideration. 4. Deviations or Exceptions – Proposals shall meet the minimum requirements, but Offerors may submit deviations or exceptions to the scope of work requirements only in form of an appendix to their technical proposal. Offerors shall clearly itemize ANY deviations or exceptions in the appendix. Deviations or exceptions submitted by the Offeror are not contractually binding without written acceptance by the Contracting Officer. Deviations or exceptions placed in any other part of the technical proposal will NOT be recognized and the proposal may be considered nonresponsive. Itemized deviations or exceptions shall include: 79 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 a. References to specific requirements in RFP. Items not specifically referenced under this paragraph shall remain part of the contract. b. Any substitutions shall be specifically listed and justified/explained regarding benefit to the government. Costs Associated with Deviations or Exceptions – The Offeror’s Costs proposal shall include an appendix containing the costs or credits, and shall be clearly itemized to mirror the appendix in the technical proposal to facilitate the Government's evaluation of the offer. Costs or credits associated with deviations or exceptions are not contractually binding without written acceptance by the Contracting Officer. 14.3.2 Negotiations/Evaluation of Proposal Following the initial submission and review of proposals, the Contracting Officer may conduct negotiations/discussions with all Offerors who are considered to be technically qualified to perform the services as outlined in this request for proposal. Among those proposals considered to be technically acceptable, award will be made to the company offering the best value to the Government. However, where proposals offer substantially equal price, selection is based primarily on the relative merit of the proposals as judged by the evaluation factors other than price. The following factors, when combined together are significantly more important than cost or price. 1. Individual Experience 2. Technical Approach 3. Management Plan 80 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 FIGURE 1 Construction Manager as Agent (CMa) and Commissioning (CxA) Services GSA E-buy RFQ No. 418086 KEY PERSONNEL PAST PERFORMANCE QUESTIONNAIRE CONTRACTOR:_________________________________________________ KEY PERSONNEL:_______________________________________________ Reference Information: Name:_______________________________________________________ Company:____________________________________________________ Telephone No.:________________________________________________ Title:_________________________________________________________ Contract No.:__________________________________________________ Location of Contract Performance:_________________________________ Completion date:_______________________________________________ Length of time contractor employed:________________________________ Estimated price/cost for services:__________________________________ Type of space/building:__________________________________________ Type of Contract:_______________________________________________ Actual Square Footage:____________ New Construction_______________ Number of Stories of Bldg.:______ Renovation______________________ Questions:(Some questions may not apply to roles.) 1. What position/role did this person hold during this project? What was the actual work performed by the individual? Did the individual work on the entire project? If not, what percentage of the project did this individual work? 2. How well did the individual coordinate the work of his subcontractors/consultants/workers? Unacceptable ____ Poor ____ Marginal ____ Acceptable ____ Very Good _____ Excellent _____ COMMENTS: 3. How would you describe the cooperation and commitment of the key personnel to the project? Unacceptable ____ Poor ____ Marginal ____ Acceptable ____ Very Good _____ Excellent _____ COMMENTS: 4. How responsive was the person in administrative areas (e.g. submitting/processing necessary paperwork)? Unacceptable ____ Poor ____ Marginal ____ Acceptable ____ Very Good _____ Excellent _____ COMMENTS: 81 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 5. Was this individual responsible for processing RFIs? If so, did he/she process them successfully? 6. Did the key personnel complete the project within the original contract schedule and budget? If not, why not? 7. Did the key personnel ensure that the finished product/project met your requirements as set forth in the contract documents? 8. Did the individual readily address ripple effect, such as time extensions, on change orders? 9. How would you describe the quality of work? How would you rate the key personnel’s overall performance? Unacceptable ____ Poor ____ Marginal ____ Acceptable ____ Very Good _____ Excellent _____ COMMENTS: 10. Was the person active in solving problems? Did the person possess the capability to do his/her job well? 11. If you had a choice, would you work with the key personnel again? Why or Why not? 12. Do you know of any other projects performed by this individual? Any other comments? Evaluator:_______________________________________ Date:________________ 82 CMa Statement of Work RECOVERY: GT ‘Mickey’ Leland Federal Building Renovation, Houston, Texas ITX00214 Exhibit 2: Commissioning Firm Experience FILL OUT A SEPARATE FORM FOR EACH FIRM ON THE TEAM Company Name Contact Person Title Address City State/Prov Zip/Postal Code Telephone Description of Business Fax E-Mail Commissioning Activities Percentage of overall business devoted to commissioning services How long has the firm offered commissioning services Average number of commissioning projects performed each year: % years projects Systems or technologies for which firm has provided commissioning services (check all that apply) • Pkg. or split HVAC • Electrical, emerg. power • Chiller system • Envelope • Boiler system • Fire/Life Safety • Energy Mgmt. Sys. • Plumbing • Variable Freq.Drives • Commercial refrigeration • Lighting Controls • Telecommunications • Daylighting • Thermal Energy Storage • Electrical, general • Labs & Clean Rooms • Other: ______________________ Number of registered engineers on staff who have directed commissioning projects: ______ The firm has provided commissioning services in the following: (check all that apply) New Construction Existing Building Equipment Building Sector Major Renovation Tune-up Replacement Office or retail • • • Grocery • • • Hospitals • • • Laboratories • • • Schools or universities • • • Industrial / Manufacturing • • • Special purpose–prisons, • • • museums, libraries, etc. 83 Exhibit 3: Commissioning Task Experience For Similar Projects FILL OUT A SEPARATE FORM FOR EACH FIRM ON THE TEAM Project (Name, Date, Bldg Size, Type, new or existing) Owner Contact (Title, City, State, and Phone) Name & Role of Persons(s) Assigned to Project by Firm (identify any sub-consultants) Systems Commissioned (Identify if tested by sub-consultants) Reviewed design and provided comment during design phase Wrote the commissioning plan Wrote commissioning specs for construction team Wrote functional test procedures Witnessed and documented functional tests Performed functional tests (hands-on) Used data loggers or EMS trend logs for testing Developed or approved staff trainingCommissioning Tasks Performed Reviewed completed O&M manuals Commissioning provider was part of the firm Supervised a sub-consultant commissioning provider to our firm. (Enter “X” if by own firm, “S” if by sub-consultant) Management Worked with a commissioning provider hired by others 84