DCPL-2012-R-0006 RFP Doc

7/31/2019 DCPL-2012-R-0006 RFP Doc

1/84

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARYSOLICITATION NO. DCPL -2012-R-0006

2

SECTION B - SUPPLIES OR SERVICE AND PRICE/COST

B.1 This is an open market solicitation with a 50% CBE Set Aside requirement.

B.2 The District of Columbia Public Library Office of Procurement is seeking one contractor,to provide Design / Build Construction Services (DBC) to complete the construction ofan interim West End Library in the District of Columbia, in accordance with the termsand conditions herein.

B.3 Preferences for Local Businesses, Disadvantaged Businesses, Resident-ownedBusinesses, Small Businesses, Longtime Resident Businesses, or Local Businesses withPrincipal Offices Located in an Enterprise Zone

Under the provisions of the Small, Local, and Disadvantaged Business EnterpriseDevelopment and Assistance Act of 2005 (the Act), Title II, Subtitle N, of the Fiscal

Year 2006 Budget Support Act of 2005, D.C. Law 16-33, effective October 20, 2005,the District shall apply preferences in evaluating proposals from businesses that aresmall, local, disadvantaged, resident-owned, longtime resident, or local with a principaloffice located in an enterprise zone of the District of Columbia.

B.4 DCPL contemplates award of a Cost Plus Fixed Fee Contract.

B.5 PRICE

The Offeror shall submit its price proposal under a cover letter on its letterhead in theformat illustrated and to the detail in Attachment J.2.1. Contractors will be evaluated on

Phase 1 pricing.

In general the price shall be broken down into two Phases and five segments:

Phase 1 (Pre-Construction)Design Fee $________Design-Builder Fee (profit and overhead) $________Design-Builder General Conditions $________

Phase 2 (Construction)Construction Cost $________ to $________

FF&E, Move-In/Out, IT/Data and Security Cost $________ to $________

The high end of each Offerors Construction Cost range will become the Offerors TargetGMP. The Target GMP should be presented in the standard 16 division format andshould include sufficient level of detail to understand the assumptions that were includedwithin the Target GMP. The Library intends to use the Target GMP to manage theProjects budget, and as such, Offerors should submit a Target GMP that represents theirbest judgment as to the Projects actual cost. The Library expects that Offerors will

7/31/2019 DCPL-2012-R-0006 RFP Doc

2/84


3

prepare a reasonably detailed cost estimate to prepare the Target GMP. In order to ensurethat the Target GMPs represent the Offerors best judgment of the costs, an Offeror willbe required to forfeit 10% of the Design-Build Fee in the event that the final GMPexceeds the Target GMP. Offerors are further advised that a Target GMP that lacks

sufficient detail or which omits funding for obvious aspects of the necessary work willrender the Offerors proposal unacceptable.

7/31/2019 DCPL-2012-R-0006 RFP Doc

3/84

7/31/2019 DCPL-2012-R-0006 RFP Doc

4/84


5

appropriate for a first class, state of the art library. The Tenley-Friendship InterimLibrary opened on December 28, 2007. Basis of Design Drawings of the Tenley-Friendship Interim Library are attached as Exhibit J.1.4.

C.2.2 The Design-Builder shall be responsible for all aspects, if necessary, of any andall utility relocations, utility connections and fees associated with the utilities.Contractor shall coordinate with the property owner and all utilities shall be perall applicable building codes and regulations.

C.2.3 It is important to note the following: 2311 M Street was a former restaurant. Thelandlord has stipulated that the library improvements do not prohibit the spacefrom returning to a restaurant. The design-builder shall demo, design andconstruct the space to meet this requirement.

C.2.4 The Design-Building shall be responsible for the installation of two ADA

Accessable mechanical lifts. At a minimum the lift shall be a commercial grademodel, with 750-pound lift capacity, a hard wired 115-volt motor, poweredACME screw drive and be ASME A-18.1 compliance.

C.3 Requirements

C.3.1 Design Phase Schematic: The Design-Builder shall cause its architect/engineer(the A/E) to conduct a thorough review of the Basis of Design Drawings of thenew Tenley-Friendship Library (such documents, the Minimum DesignRequirements) which will provide the basis for the design of the West End

Interim Library. The Design-Builder shall cause its A/E to review the MinimumDesign Requirements Exhibit J.1.4. After this review of both documents iscomplete, the Design-Builder and its A/E shall meet with the Library and itsrepresentatives to discuss the essential elements of the design and the best way formoving forward. Based on the results of the review and the following meetingwith the Library, the Design-Builder shall then cause the A/E to prepare a full setof schematic design documents for the new West End Interim Library that areconsistent with the Minimum Design Requirements and consistent with theOCTO general scope of work Exhibit J.1.8 and that are acceptable to DCPL.The schematic design documents shall contain at least the level of detail typicallyassociated with a project of this size.

C.3.2 Design Development/Construction Documents. Based on the approvedschematic design documents, the Design-Builder shall cause its A/E to prepare aset of design Development Documents/Construction Documents. The Design-Builder and its A/E shall meet as often as required with the Library and itsrepresentatives to ensure that the design is evolving in a mutually acceptablemanner. The Design-Builder shall cause its A/E to prepare a 50% progressprinting which shall be distributed to the Library and the Builder. This progress

7/31/2019 DCPL-2012-R-0006 RFP Doc

5/84


6

printing shall be reviewed by the Library and its representatives to determinewhether the design is evolving in a manner that is consistent with the MinimumDesign Requirements and shall also be reviewed by the Design-Builder in order toassess whether it is consistent with the Projects budget. The specific services

required during this phase are:

a. Select and draft outline specifications for materials, systems, equipmentincluding FF&E.

b. Develop detailed and dimensioned plans, wall sections, building section,and schedules.

c. Early release plans i.e. Demolition Planse. Complete code compliance analysis and drawing.f. Meet with review agencies as required (DCRA, HPO, HMP, DDOT,

DDOE, WASA, PEPCO, etc).

C.3.3 Deliverables. The following deliverables are required during this phase.

a. 50% design development progress printing.b. A reconciliation report that addresses issues raised by DCPL and the

Design-Builder as a result of the 50% progress printing.c. Updated Project Budget and Scheduled. A permitable and buildable set of Construction Documents to include

Civil, Architectural, Structural and MEP plans and specificationse. Building permit, applicable trade permits, Certificate of Occupancy and

any other District required license or permit to complete the scope of

work.

C.3.4 Phase 2 (Construction Phase) Once DCPL and the Design-Builder haveagreed that the scope of work can be completed for the agreed Lump Sum Price,the Construction Phase of the project shall commence. During the ConstructionPhase, the Design-Builder will be required to fully complete the Project inaccordance with the plans and specifications as well as the agreed Lump SumPrice. The work is to be conducted as quickly as possible and must be completedno later than December 17, 2012 In addition to the above the following shall beprovided during this phase.

C.3.4.1 Construction Management. The selected Design-Builder will berequired to construct a first-class Interim library in accordance with theapproved Construction Documents. At a minimum it is envisioned thatthe Design-Builder will be required to undertake the following tasks:

Construction and deliver a turn-key, fully functioning West EndInterim Library.

7/31/2019 DCPL-2012-R-0006 RFP Doc

6/84


7

Participate and assist in Project/Planning meetings. Maintain full-time on-site construction supervision and provide

daily inspections, quality control, monitoring, coordination ofvarious trades, record drawings, and daily work log.

Conduct weekly progress meetings following a Design-Buildergenerated agenda with the Program Manager and all trades.

Provide general safety and signage and posting for the project andsee that each subcontractor prepares and submits adequate safetyprogram and monitoring throughout the project.

Provide the Library with a written monthly report that includes (i)an updated schedule analysis, (ii) an updated cost report, and (iii) amonthly review of cash flow.

Manage the change order process with the trade subcontractors toverify validity, purpose, and cost.

Prepare payment requests, verify accuracy and forward to DCPLfor approval and payment.

Assemble close-out documents required. Provide assistance to DCPL through any applicable warranty

periods.

C.3.4.2 Site Security. The Design-Builder shall be required to provide thenecessary security personnel to protect the space.

C.3.4.3 Project Cleanliness. The Design-Builder shall be required to managethe work in such a manner so as to minimize the pollution and debrisin or around the construction site.

C.3.4.4 Maintenance of Traffic. The Design-Builder shall be responsible forproviding the necessary flagman and traffic control devices as arerequired to maintain traffic. The Design-Builder shall be required toobtain the necessary lane closure and other permits required for itswork from the Department of Transportation, if needed.

C.3.4.5 Permitting, Third Party Review and Inspections. The Design-Builder shall pay for and engage the services of a third party reviewfirm and a permit expediting firm for the permitting process and a thirdparty inspection firm for inspections during the construction phase.The Design-Builder shall be responsible for obtaining all requiredpermits. The Design-Builder shall be required to cooperate with theLibrary and the third party reviewers and inspectors to assist incompletion of the scope of work. The Design-Builder and/or itsconsultants shall be responsible for preparing applications and otherdocuments necessary to obtain building permits and certificates ofoccupancy. The Library shall execute such instruments as requiredand the Design-Builder and/or its consultants shall be responsible for

7/31/2019 DCPL-2012-R-0006 RFP Doc

7/84


8

walking such documents through any and all District agencies to gainnecessary approvals for the duration of the project.

C.3.4.6 Utility Connections. The Design-Builder shall be responsible for

design, review, permitting and installation for all electrical power,water and sanitary sewer service for the Interim library. The Design-Builder is responsible for all installation costs for the services listedabove. DCPL will be responsible to pay the respective connection/tapfees only. The Design-Builder shall coordinate with the respectiveagencies for connections, meters, and sizing of service lines.

C.3.4.7 Landlord Approvals. The design builder shall be responsible forcoordinating with the Landlord for all aspects of this project. TheLibrary anticipates that the landlord will seek approval on utilityconnections, tie-ins to existing building services, work hours, parking

restrictions and other related activities. Landlord contact informationwill be provided upon award.

C.4. FF&E, Move-in, IT/Data and Security Systems

C.4.1 The Design-Building shall be responsible for the selection, purchase andinstallation of FF&E. This includes but is not limited to: (i) free standing tables,chairs, and desks, (ii) library shelving, and (iii) signage.

C.4.2 The Design-Builder shall be responsible for all aspects of the move-out of theexisting West End Library and Move-in to the new Interim Library. A general

scope of work is attached, Attachment J.1.3, actual scope will be dependent ofnumber of materials, location of storage, etc.

C.4.3. The Design-Building shall be responsible for the installation of all IT/Data for theproject. All IT/Data work shall be done in accordance with the OCTOGuidelines.

C.4.4 The Design-Builder shall be responsible for the Interims security system. Thepreferred Library security vender is

Tyco Integrated Security LLC3601 Eisenhower Avenue, 3rd FloorAlexandria, VA 22304Thomas MahoneyPhone: (571) 338-4480Email: [email protected]

C.5 Key Personnel

7/31/2019 DCPL-2012-R-0006 RFP Doc

8/84


9

C.5.1 In its proposal, each Offeror will be required to identify its key personnel. Keypersonnel shall include, at a minimum, the following individuals: (i) the ProjectExecutive; (ii) the Field Superintendent; and (iii) key Project Managers (i.e. theProject Managers responsible for structural, mechanical, electrical and special

systems). The Contactor will not be permitted to reassign any of the keypersonnel unless DCPL approves the proposed reassignment and the proposedreplacement.

C.6 Licensing, Accreditation and Registration

C.6.1 The Design-Builder and all of its subcontractors and sub consultants (regardlessof tier) shall comply with all applicable District of Columbia, state, and federallicensing, accreditation, and registration requirements and standards necessary forthe performance of the contract.

C.7 Conformance with Laws

C.7.1 It shall be the responsibility of the Design-Builder to perform under the contractin conformance with the DCPLs Procurement Regulations and all statutes, laws,codes, ordinances, regulations, rules, requirements, orders, and policies ofgovernmental bodies.

C.8 Davis-Bacon Act

C.8.1 The Davis-Bacon Act is applicable to this Project. As such, the Design-Builderand its trade subcontractors shall comply with the wage and reporting

requirements imposed by that Act.

C.9 Apprenticeship Act

C.9.1 The Apprenticeship Act shall apply to this contract and the Design-Builder and allof its trade subcontractors shall be required to comply with that act.

C.10 Time is of the Essence

C.10.1 Time is of the essence with respect to the contract. The Project must besubstantially complete by December 17, 2012. Substantially complete shall meanthe OPENING OF THE LIBRARY TO THE GENERAL PUBLIC. As such,the Design-Builder must dedicate such personnel and other resources as arenecessary to ensure that the Project is completed on-time and in a diligent, skilled,and professional manner.

C.11 DCPL Responsibilities.

7/31/2019 DCPL-2012-R-0006 RFP Doc

9/84


10

C.11.1 In general, the Design-Builder shall be responsible for all preconstruction andconstruction phase activities. DCPL shall be responsible for the followingactivities.

C.11.1.2 Materials and IT. DCPL shall be responsible for providing ITequipment and library materials for the Interim location. The Design-Builder shall be responsible for the scope of work as listed undersection C.4.

C.11.1.3 All other aspects of successful completion of this project are theresponsibility of the Design-Builder.

7/31/2019 DCPL-2012-R-0006 RFP Doc

10/84


11

PART I

SECTION D: PACKAGING AND MARKING

D.1 MATERIAL DELIVERY, HANDLING AND STORAGE:

A. The Design-Builder shall deliver materials and equipment in the original, properlylabeled, unbroken packages, containers, cartridges or bundles and in suchquantities and such ample time that progress of work will not be delayed.

B. The Contractor shall protect materials and products against any damage ordeterioration during transit to the site, unloading, delivering and storing at site,installation or erection and during period between installation or erection and finalacceptance by the District, that shall include, but not limited to:

1. Minimum exposure to weather during delivery.

2. Storage off ground in dry, well-ventilated spaces.

3. Covering, as necessary, for adequate protection from soiling and wetting.

C. The Contractor shall provide storage methods that will facilitate inspection andtesting before and during the use as follows:

1. Space for storage of materials and equipment will be approved by theDistricts Inspector (see Paragraph H.23).

2. The Contractor shall not occupy more space at the site than is absolutelynecessary for proper execution of the work.

7/31/2019 DCPL-2012-R-0006 RFP Doc

11/84

7/31/2019 DCPL-2012-R-0006 RFP Doc

12/84


13

PART I

SECTION F - DELIVERIES OR PERFORMANCE

F.1 TIME OF COMPLETION:

The Contractor shall commence work within 5 calendar days of the date specified in thewritten Notice to Proceed (NTP) signed and issued by the Contracting Officer and shallstart and complete all the work in strict accordance with the phasing schedule as providedin the General Scope Section of the Specifications. The Contractor shall complete all thework by December 17, 2012.

F.2 DELIVERABLES:

The Contractor shall submit to the District, as a deliverable, the report described in

section H.39.5of this contract that is required by the 51% District Residents New HiresRequirement and First Source Employment Agreement. If the Contractor does not submitthe report as part of the deliverables, final payment to the Contractor may not be paid.(Refer to H.39).

F.3 Order of Precedent

In addition, the Deliveries and Performance for different parts of the work, described inother sections of the RFP, and final Issue For Construction Plans and Specifications and(Section C) shall take precedent over Section F.

7/31/2019 DCPL-2012-R-0006 RFP Doc

13/84


14

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT TYPE

The District contemplates award of an Agreement between Owner and Design/Builder.

F.1.1 Negotiated Procurement. This procurement is being awarded through acompetitive negotiation type of procurement. The proposed Form of Contract isbeing issued with this RFP. Offerors are required to review and specificallyidentify in the Offer Letter any proposed changes to the Form of Contract.Offerors are advised that their proposed changes will be evaluated as part of theselection criteria. To the extent there are any inconsistencies between this RFPand the Form of Contract, the Form of Contract shall prevail.

F.1.2 Construction Fee. As is more fully described in the Form of Contract, this willbe a Cost Plus Fixed Fee price. Offerors will be required to offer a Design Feeand a Design-Builder Fee, as well as a General Conditions Budget. Offerorsshould submit with their proposal an Offer Letter in substantially the form ofAttachment J.2 on the Offerors letterhead.

7/31/2019 DCPL-2012-R-0006 RFP Doc

14/84


15

PART I

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE PAYMENT:

A. The District will make payments to the Contractor, upon the submission of properinvoices, based on the approved Critical Path Method (CPM) schedule asreferenced in Section C.3., GMP Formation and Section H.16 of this document,only for the percentage of work or services actually performed or completedduring the subject period and accepted by the District, less any discounts,allowances or adjustments provided for in this contract.

B. The District will pay the Contractor on or before the 30th day after receiving a

proper invoice from the Contractor.

G.2 INVOICE SUBMITTAL:

The following procedures are designed to streamline the processing of paymentapplications submitted for this project. These procedures must be followed for allpayment applications submitted. Failure to follow these procedures may result indelays in payment.

A. The Contractor shall submit a draft Schedule of Values to the COTR at least ten (10)days before submission of their first Payment Application. Electronic submissions to

are acceptable for this purpose. Once accepted by the Library, this Schedule ofValues will become the basis for all subsequent Payment Applications.

B. The Contractor shall submit a draft Payment Application to the COTR five (5)business days before a planned submission of a final Payment Application.Revisions, if necessary, will be requested by the COTR within that five-day period.

a. The Contractor shall ensure that all Payment Applications include thefollowing information on the first page:

i. The bill-to address: DC Public Library Chief Financial Officer 901G Street NW, Room 441Washington, DC 20001

ii. The Purchase Order number provided by DCPL.iii. The Contract number provided by DCPL.iv. A unique Payment Application number (if a contractor holds multiple

current or past contracts with DCPL, these Payment Applicationnumbers must be unique to each contract. E.g., a contractor may nothave more than one Payment Application number 1 with DCPL,even if they are for different contracts. Use of an internal project

7/31/2019 DCPL-2012-R-0006 RFP Doc

15/84


16

number as part of the Payment Application number is an effective wayto meet this requirement).

v. The contractors name and address.vi. The Payment Application date.

vii.

The dollar amount requested from each respective line of the DCPLpurchase order.viii. The remittance address for payment.

ix. A contact name and telephone number in case there is a question aboutthe Payment Application.

b. The Contractor shall ensure that all Payment Applications include thefollowing backup documentation:

i. An updated Schedule of Valuesii. CBE reports

iii. Labor Hours worked reportsiv.

Certified Payroll documents as required by the contractv. Copies of subcontractor invoices

vi. Bills of Sale for any offsite stored materialsvii. Any other relevant documentation necessary to support the Payment

Application

c. The Contractor shall also note the following:i. Change Orders must be officially approved and executed by DCPL

before they are considered for payment. Official approval andexecution by DCPL is indicated by issuance of a revised PurchaseOrder. Payment Applications requesting amounts greater than that

which is listed on the current Purchase Order will be rejected.ii. DCPL will verify all offsite stored materials in person before they areapproved for payment.

C. Once any revisions are incorporated into the Payment Application, mail two (2) hardcopies of the final Payment Application and all associated back-up documentation tothe following address. Note that electronic submissions of Final PaymentApplications will not be accepted for this project.

DC Public Library Chief Financial Officer901 G Street NW Room 441Washington, DC 20001Attn: Chris Wright

7/31/2019 DCPL-2012-R-0006 RFP Doc

16/84


17

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT:

G.3.1 For contracts subject to the 51% District Residents New Hires Requirement andFirst Source Employment Agreement, final request for payment must be

accompanied by the report or a waiver of compliance discussed in H.39.5.

G.3.2 The CFO shall not make final payment to the Contractor until the CFO hasreceived the Contracting Officers final determination or approval of waiver ofthe Contractors compliance with 51% District Residents New Hires Requirementand First Source Employment Agreement.

G.4 METHOD OF PAYMENT:

Addressed in Section G.2

G.5 ASSIGNMENTS:

In accordance with DCPL Standard Contract Provision, Section 4383-111, unlessotherwise prohibited by this contract, the Contractor may assign monies due or to becomedue as a result of the performance of this contract to a bank, trust company, or otherfinancing institution. Any assignment shall cover all unpaid amounts payable under thiscontract, and shall not be made to more than one party.

Notwithstanding an assignment of money claims pursuant to authority contained in thiscontract, the Contractor, not the assignee, is required to prepare invoices. Where such anassignment has been made, the original copy of the invoice must refer to the assignment

and must show that payment of the invoice is to made directly to the assignee as follows:

Pursuant to the instrument of assignment dated ___________,make payment of this invoice to _______________________(name and address of assignee).

G.6 CONTRACTING OFFICER (CO):

The Contracting Officer (CO) assigned to this contract has responsibility for ensuring theperformance of all necessary actions for effective contracting; ensuring compliance withthe terms and conditions of the contract and safeguarding the interests of the United Satesin its contractual relationships. The CO is the only individual authorized to enter,administer or terminate this contract and is the only person authorized to approve changesto any of the contract requirements.

7/31/2019 DCPL-2012-R-0006 RFP Doc

17/84


18

The Contracting Officer is identified as follows:

Wayne R. MinorDC Public Library

Office of Chief Procurement Officer901 G Street, NWWashington, DC 20001Telephone: (202) 727-4800Email:[email protected]

G.7 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER:

In accordance with Section 4383-11 of the District of Columbia Public Library's StandardContract Provisions for Supply, Service, Architect/Engineer and ConstructionSolicitations and Contracts, dated October 2009, the Contracting Officer is the only

person authorized to approve changes to any of the requirements of this contract.

The Contractor shall not comply with any order, directive or request that changes ormodifies the requirements of this contract, unless issued in writing and signed by theContracting Officer.

G.8 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR):

The Contracting Officer may designate Government personnel to act as the ContractingOfficers Technical Representative (COTR) to perform functions under the contract suchas review or inspection and acceptance of supplies, services, including construction, and

other functions of a technical nature. The Contracting Officer will provide a writtennotice of such designation to the Contractor within five working days after contractaward. The designation letter will set forth the authorities and limitations of the COTRunder the contract.

The Contracting Officer cannot authorize the COTR or any other representative to signdocuments, such as contracts, contract modifications, etc., that require the signature ofthe Contracting Officer.

The Contracting Officers Technical Representative is identified as follows:

Kim FullerProject ManagerCapital Construction901 G Street, N.W.Washington, D.C. 20001Office Number: (202) 442-6069Facsimile Number: (202) 727-4792

B. It is fully understood and agreed by the Contractor that the COTR shall not have
mailto:[email protected]:[email protected]:[email protected]:[email protected]

7/31/2019 DCPL-2012-R-0006 RFP Doc

18/84


19

any authority to make changes in the specifications/scope of work, price or termsand conditions of the contract.

C. Contractor shall be held fully responsible for any changes not authorized in

advance, in writing, by the Contracting Officer, and may be denied compensationor other relief for any additional work performed that is not authorized by theContracting Officer in writing. In addition, Contractor may also be required at noadditional cost to the District, to take all corrective action necessitated by reasonof the unauthorized changes.

7/31/2019 DCPL-2012-R-0006 RFP Doc

19/84


20

PART I

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LIQUIDATED DAMAGES:

A. If the Contractor fails to complete the work within the time specified in thecontract, the Contractor shall pay liquidated damages to the DCPL in the amountof $250.00 for each calendar day of delay until the work is completed or acceptedbeyond September 2, 2013 in completion (completion is defined as delivering abuilding that can be legally, and to the Librarys satisfaction, used and occupiedby the public and Library staff)

B. If the DCPL terminates the Contractors right to proceed, liquidated damages willcontinue to accrue until the work is completed. These liquidated damages are in

addition to excess costs of re-procurement under the Termination clause.

H.2 GOVERNMENTS RESPONSIBILITY:

The Library shall provide to the Contractor all necessary passes for Contractorsemployees required to enter into the facility prior to and subsequent to the Contractortaking control of the facility.

H.3 PERMITS, LICENSES AND CERTIFICATES:

A. The Contractor will be responsible for obtaining the building permit issued by the

Department of Consumer and Regulatory Affairs (DCRA), Building and LandRegulation Administration. The Contractor shall also apply for and obtain allother permits required for this project including Raze Permit, certificates andlicenses from the Office of Licenses and Permits, Permit Processing Division,Department of Consumer and Regulatory Affairs and the District of ColumbiaWater and Sewer Authority.

1. The Contractor shall apply and pay for all required permits well inadvance of the time that they are needed.

2. If the Contractor experiences any difficulty in obtaining a permit, theContractor shall request assistance immediately from the COTR.

B. It is the responsibility of the Contractor to ascertain and obtain the requiredpermits, licenses and certificates for this project. Permits, Licenses andCertificates may include, but are not limited to:

Permits and Certificates Licenses

7/31/2019 DCPL-2012-R-0006 RFP Doc

20/84


21

1. Plumbing 1. Master Plumbers2. Electrical 2. Electrical3. Refrigeration 3. Refrigeration4. Elevator 4. Boiler

5. Boiler and Pressure Tank 5. Pressure Tank6. Public Space - To work in, excavate 6. Elevatorin or occupy

7. Signs and Temporary Fences8. Work on Sunday and after 6:00 p.m. weekdays.9. Razing

C. The District will not allow work requiring permits and licenses to proceed untilthe Contractor produces evidence showing that such permits and licenses havebeen procured from the permitting agency. Permits will be issued only to persons

duly licensed for work in the District of Columbia, except as follows:

1. Where electrical, plumbing and refrigeration Contractors and their craftpersons perform work under contract with the District of Columbia andthe work is physically located in areas outside the District of Columbia, itshall be sufficient if any such Contractor and the Contractors craftpersons are licensed either by the District of Columbia or by anygovernmental agency having jurisdiction over the area adjoining the siteon which the work is performed.

D. The Contractor shall prominently display all permits within the confines of the

construction site.

H.4 UTILITY CONNECTIONS AND SERVICES:

The Contractor is responsible for locating all existing utilities and performing therequired modifications to all utilities for the completion of construction. All utility costs,costs to modify and connection fees shall be incorporated into the GMP.

A. TEMPORARY ELECTRICITY (IF NECESSARY):

1. The Contractor shall arrange for and pay all expenses associated withprocurement and use of the following:

a. Install a temporary meter on existing power lines and pay for allelectric power used;

b. Install temporary lines to conform with the requirements of theD.C. Electrical Code for such work;

7/31/2019 DCPL-2012-R-0006 RFP Doc

21/84


22

c. Furnish and install all necessary safety devices required;

d. Maintain temporary line and equipment in proper condition untillines are no longer required and disconnected;

e. Make connections to existing electric services in accordance withD.C. Electrical Code requirements and standard proceduresdeveloped by the electric company;

f. Upon completion of the work, remove temporary lines, poles andother accessories, make disconnections and restore services to anapproved condition.

B. TEMPORARY WATER (IF NECCESARY): For construction purposes,temporary connection to the existing water mains is permitted, at the Contractors

expense, contingent upon the Contractor performing the following:

1. That no connections to water mains be made without first acquiringapproval from the District of Columbia Water and Sewer Authority(WASA).

2. That the Contractor shall furnish all necessary temporary lines, fittings,valves, and make all temporary connections to bring the water to the jobsite.

3. That all pipe, fittings, and hose used shall be leak proof and that hook-upsand connections be made in a manner comparable to new work to preventunnecessary waste of water.

4. That all branches from temporary main feed be equipped with tight cut-off valves.

5. That upon completion of the work, temporary lines, fittings, valves andother accessories are removed; disconnections made and services restoredto an approved condition.

C. PERMANENT CONNECTIONS TO MAINS (IF NECESSARY):

The Contractor shall make and pay for all the required permanent connections forwater, sewer, gas, electrical, telephone and fire alarm systems at its own expense.The Contractor shall pay fees and associated costs and make all arrangementswith utility companies and appropriate agencies as may be required for proper andexpeditious completion of the project.

7/31/2019 DCPL-2012-R-0006 RFP Doc

22/84


23

H.5 SHOP DRAWINGS AND CATALOGUE CUTS:

A. The shop drawing and submittal process shall be defined in the project plans andspecifications.

H.6 PROPRIETARY RESTRICTIONS:

A. Proprietary names or brands are mentioned for descriptive, not restrictive,purposes and are intended to establish minimum standards of quality formaterials, fabrication and finishes.

1. Such references shall not be construed as limiting competition orcontrolling selection of manufacturers, and the Contractor in such casesmay submit for approval any item or type of construction which, in thejudgment of the Contracting Officer, expressed in writing, is equal to that

specified.

2. The COTR will judge the submissions on the basis of durability, strength,appearance, serviceability of parts, output, coordination with related workand the ability to fulfill the requirements of the specified item.

H.7 DEBRIS AND CLEANING:

A. The Contractor shall, during the progress of the work, remove and properlydispose of the resultant dirt and debris daily and keep the premises clean and freefrom safety hazards.

B. Upon completion of the work, the Contractor shall remove all equipment,salvaged materials provided for the work (except any materials that are to remainthe property of the Government of the District of Columbia as provided in thespecifications) and leave the premises in a neat and clean condition satisfactory tothe COTR at the site.

H.8 MATERIALS AND WORKMANSHIP:

A. Unless otherwise specified, all materials and equipment incorporated in the workunder the contract shall be new. All workmanship shall be first class and bypersons qualified in the respective areas.

B. In the absence of specific requirements for installation of a material or product,the Contractor will be held responsible for installation of said material or productin strict accordance with the manufacturer's printed instructions andrecommendations.

7/31/2019 DCPL-2012-R-0006 RFP Doc

23/84


24

H.9 STANDARDS:

A. Any material specified by reference to the number, symbol or title of a specificstandard such as a Commercial Standard, a Federal Specification, ASTM

certification or other similar standard, shall comply with the requirements in thelatest revision hereof.

B. The District will not furnish any copies of the applicable Federal Specifications,Commercial Standards and other standard specifications to the bidders. However,the Contracting Officer will furnish upon request, information as to how copies ofthe standards referred to may be obtained, and it will be responsibility of therequestor to obtain the necessary documents from respective sources.

C. Where a standard is referred to in the various sections of these specifications, itshall include the installation requirements specified therein unless specifically

modified in the contract specifications.

H.10 EQUIPMENT COORDINATION:

It shall be the responsibility of the Contractor to ascertain that the make and model of allshop or factory fabricated equipment furnished not only meets all requirements of thecontract document, but it shall be of the proper physical size and dimension to fit thespace or area, ductwork, conduit, panel boxes, disconnect switches and related accessoryequipment. Where the physical size of any equipment is dependent upon otherequipment, coordination shall be done by the Contractor to assure that they arecompatible and will fit within the limitations of the space where they are to be located,

including coordinating of utility connections and coordination of space for servicing theequipment, changing filters, cleaning tubes and similar operations.

H.11 STOPPAGE OF WORK:

If the Contractor fails to abide by any, or all, of the provisions of the contract, theContracting Officer reserves the right to stop all the work, or any portion thereof, affectedby the Contractors failure to comply with the contract requirements. This stoppage willremain in effect until the Contractor has taken action to meet the contract requirements,or any separable part thereof. After written notification and work stoppage, the Districtmay terminate the right of the Contractor to proceed as provided in Section 4383-41 ofthe District of Columbia Public Library's Standard Contract Provisions for Supply,Service, Architect/Engineer and Construction Solicitations and Contracts, dated October2009.

7/31/2019 DCPL-2012-R-0006 RFP Doc

24/84


25

H.12 SUBCONTRACTS:

A. Nothing contained in the contract documents shall be construed as creating anycontractual relationship between any subcontractor and the Government of the

District of Columbia.

1. The divisions or sections of the specifications are not intended to controlthe Contractor in dividing the work among the subcontractors or to limitthe work performed by any trade.

2. The Contractor shall be as fully responsible to the Government of theDistrict of Columbia for the acts and omissions of subcontractor and ofpersons employed by them as he is for the acts and omissions of personsdirectly employed by him.

3. The Contractor shall be responsible for the coordination of the trades,subcontractor and material persons engaged upon his work.

4. The Contractor shall, without additional expense to the Government of theDistrict of Columbia, utilize the services of specialty subcontractor ofthose parts of the work which are specified to be performed by specialtysubcontractor.

5. The Government of the District of Columbia will not undertake to settleany differences between the Contractor and his subcontractor or betweensubcontractor.

B. No portion of the contract shall be subcontracted except with the prior writtenconsent of the Contracting Officer, or his authorized representatives, and suchconsent, when given, shall not be construed to relieve the Contractor of anyresponsibility for the fulfillment of the contract. Request(s) or permission tosubcontract any portion of the contract shall be in writing and accompanied by: (a)a showing that the organization which will perform the work is particularlyexperienced and equipped for such work, and (b) an assurance by the Contractorthat the Labor Standards Provisions set forth in this contract shall apply to laborperformed on all work encompassed by the request(s). The request(s) also shallprovide the following information:

1. Subcontractors name, address, telephone number, and Federal SocialSecurity Number used on the Employers Quarterly FederalTax Return, U.S. Treasury Department Form 941.

2. Estimated dollar amount of the subcontract.

3. Estimated starting and completion dates of the subcontract.

7/31/2019 DCPL-2012-R-0006 RFP Doc

25/84


26

4. The subcontractor approval request form included herein should be used torequest approval of subcontractor on this project. The form should becompleted for each subcontractor requested for approval and submitted to

the Contracting Officer. Copies of these forms are available upon requestfrom the COTR.

C. Any work or service so subcontracted shall be performed pursuant to asubcontract agreement, which the District will have the right to review and approveprior to its execution by the Contractor. Any such subcontract shall specify that theContractor and the subcontractor shall be subject to every provision of this contract.Notwithstanding any such subcontract approved by the District, the Contractor shallremain liable to the District for all Contractors work and services required hereunder.

H.13 USE OF PREMISES:

A. If the Contractor considers it necessary to perform any work after the regularworking hours on Saturdays, Sundays or legal holidays, the Contractor shallperform this work without any additional expense to the Government of theDistrict of Columbia.

B. The Contractor shall use only such entrances to the work area as designated by theCOTR.

C. Once the installation work is started, the Contractor shall complete the work asrapidly as possible and without unnecessary delay.

D. The Contractor shall occupy only such portions of the premises as required forproper execution of the contract.

E. The Contractor shall perform all the work in such a manner as to cause minimumannoyance or noises and disturbances to occupants of adjacent premises andinterference with normal traffic.

F. The Contractor shall keep gates locked to maintain security into work areadictated by the existing job conditions of such nature as to prevent:

1. Entry of work areas by unauthorized persons;

2. Removal of Government property and supplies.

G. The Contractor shall not load or permit the loading of any part of any structure tosuch an extent as to endanger its safety.

7/31/2019 DCPL-2012-R-0006 RFP Doc

26/84


27

H. The Contractor shall comply with the regulations governing the operation ofpremises that are occupied and shall perform his contract in such a manner as notto interrupt or interfere with the conduct of Government of the District ofColumbia and/or Washington Metropolitan Area Transit Authority (WMATA)

business.

H.14 PATENTS:

The Contractor shall hold and save the Government, its officers, agents, servants andemployees, harmless for liability of, any nature or kind, including cost and expenses for,or on account of any patented or unpatented invention, article or appliance manufacturedor used in the performance of this contract, including their use by the Government of theDistrict of Columbia.

H.15 SAFETY PRECAUTIONS:

A. The Contractor shall perform all site, plant and construction work in strictaccordance with the Safety Standards of the District of Columbia and the U.S.Occupational Safety and Health Act of 1970 and the D.C. Occupational Safetyand Health Act of 1988, D.C. Official Code secs. 32-1101 et seq. and 1-620.01 etseq.

1. The Contractor or his representative shall be thoroughly familiar withthese standards and have copies of same available at the project site at alltimes.

B. Operators of explosive-actuated tools shall have a training certificate, as requiredby the Safety Code in their possession.

C. The Contractor shall be responsible for providing and installing adequatetemporary shoring or bracing for all walls, slabs and like constructions until suchitems attain their design, strength, and stability.

1. The Government, its officers, agents, servants, and employees shall not beheld liable for any property damages or physical harm resulting frominadequate protection.

2. Prior to execution of shoring and/or bracing, the Contractor shall submitdetails and calculations for shoring and/or bracing designs for the COTRsreview and concurrence.

D. The Contractor shall exercise special precautions to prevent use of or access to theContractors materials, equipment or tools and entry into the Contractors workareas by non-authorized personnel.

7/31/2019 DCPL-2012-R-0006 RFP Doc

27/84


28

1. A Contractors attendant shall be present at all times when bituminouskettles are in operation to prevent the public from coming in contact withthe kettles.

2. The Contractor shall remove each kettle as soon as its use is complete.

E. The Contractor shall chute or hoist to the ground any and all the materials beingremoved from the roof areas or any upper floor.

F. The Contractor shall not permit any live wires to be left exposed and unguarded,including open panel boards.

G. The Contractor shall cover all open trenches during hours when work is not beingexecuted, as required for protection of the public.

H.16 PROGRESS SCHEDULE:

A. The Contractor shall submit, not later than ten (10) days after official Notice toProceed (NTP) has been issued, one reproducible print plus three copies of aninitial schedule diagram plus three copies of computer reports and the narrativefor duration of all the contract activities. Then, within thirty (30) days after theNTP, the Contractor shall submit one reproducible print plus three copies of acomplete construction progress schedule and narrative for all the contractactivities and three copies of computer printout. The Contractor shall submit allthe schedules and reports for approval by the COTR, and all schedules and reports

must conform to the following minimum requirements:

1. Include activities for all Contractor submittals, including but not limited tocatalogue-cuts, samples, shop drawings and laboratory tests, approvals byCOTR, procurements by Contractor, and delivery of material andequipment to the job site.

2. Include in each schedule the following details and format:

a. Time scaled in workdays, CPM Network (arrow) diagram witheach work activity showing cost and man-loading on arrowsystem plus a narrative to facilitate monitoring and control ofwork progress and a tool for measurement of progress payments.

b. Each field work activity shall have a maximum duration of 20workdays.

c. Each activity shall show all the associated costs for the purposeof progress payment, as required by Section G.4., with no front

7/31/2019 DCPL-2012-R-0006 RFP Doc

28/84


29

loading. In addition, the sum total all the activity costs shallequal the total amount of the contract award.

d. All computer reports shall include I-J, J-I, and Total-Floatsorts for all the activities, without any masking or plugging ofany dates (except NTP and contract milestone). The computerreports shall be submitted in hard-copy plus soft form ofread/write CDs giving all the activity data and schedules.

2. Monthly Progress Updates and Reports:a. The Contractor shall submit monthly update by the 25 th of each

month and the same shall include a narrative and three copies ofI-J, J-I and Total-Float computer printouts plus read/writeCDs of all the activity data and schedules. These reports shall

include the actual start, percent complete or finish dates for eachactivity, as mutually agreed with the COTR plus any approvedlogic changes.

b. In the case of any logic changes that result in any delay to thecontract milestone(s), the Contractor shall submit a revisedschedule diagram and the computer reports for approval by theCOTR by the next update reporting date.

B. The Contractor shall complete all work within the time specified under F.1 Timeof Completion, which is the maximum time permitted for the accomplishment of

this project. If within the period of construction, a time extension or extensionsare granted in writing by the Contracting Officer, the Contractor shall incorporatethe extension in the next monthly update.

H.17 GUARANTEE OF WORK:

A. The Contractor guarantees, for a period of one (1) year after date of acceptancefor Occupancy as established in the Districts written notification, to repair orreplace any work in which any defects in material or workmanship appear withinsaid period and to repair or replace any and all work damaged by reasons thereof,to the satisfaction of the COTR and without cost to the District of Columbia.

B. In any case where in fulfilling the requirements of the contract or any guarantee,embraced in or required thereby, the Contractor disturbs any work guaranteedunder another contract, he shall restore such disturbed work to a conditioncomparable to its original condition and guarantee such restored work to the sameextent as it was guaranteed under such other contracts.

C. Upon the Contractors failure to proceed promptly to comply with the terms of

7/31/2019 DCPL-2012-R-0006 RFP Doc

29/84


30

any guarantee under the contract or still running upon work originally executed byother Contractors, the District of Columbia may (1) either have such workperformed as the Contracting Officer deems necessary to fulfill such guarantee, or(2) allow all such damaged or defective work to remain in such unsatisfactory

condition; provided that the Contractor shall promptly pay the District ofColumbia the sum estimated by the Contracting Officer under the provision ofparagraph B above to represent the amount which would have been necessary toexpend to fulfill such guarantee. Everything done in the fulfillment of anyguarantee shall be without additional expense to the Government of the District ofColumbia.

D. Special guarantee: The Contractor shall provide a written guarantee of thefollowing for the extended periods and to the extent stated below:

1. Guarantee buried tanks for five (5) years against deterioration to the point

of failure and against structural failure due to improper installationprocedures.

2. Guarantee heating and air conditioning equipment, except expendablecomponents such as filters, for two (2) full operating seasons or theequivalent thereof against all conditions except vandalism or impropermaintenance.

3. Secure guarantee of built-up roof and flashing systems for ten (10) yearsby the manufacturer of the roofing material.

E. All special guarantees that are stipulated in the specifications or other paperforming a part of the contract shall be subject to the terms of this paragraphinsofar as they do not conflict with the provisions containing references toguarantees in the specifications or such other papers. In case of any conflict, thespecial guarantee shall take precedence.

H.18 PROTECTION:

A. The Contractor shall protect existing public and private property including but notlimited to sidewalks, pavements, landscaping, from damage using methodsapproved by COTR such as planking, covering, temporary cement curbs, andshall be responsible for replacement of items that are damaged by work under thiscontract. The Contractor shall repair or replace damages to sidewalks, curbs,streets, public property and public utilities as directed by the COTR in accordancewith standards of the agency having jurisdiction over the damaged property. TheCOTR will not permit grouting of cracks in sidewalks and driveways. TheContractor shall replace cracked slabs.

7/31/2019 DCPL-2012-R-0006 RFP Doc

30/84


31

B. Contractor shall be responsible for personal injury to workmen and the public andshall indemnify and hold the District harmless for any such injuries that are incurredduring the performance of this contract.

C. Nothing contained in the drawings and specifications for installation of fences,barricades or site protection shall be interpreted as making the District a party to,liable for, or relieving the Contractor of:

1. The Contractors responsibility for materials delivered and workperformed until completion and final acceptance;

2. The Contractors responsibility to sustain all costs, losses or damagesarising out of the nature of the work to be done, or due to any unforeseenor usual obstructions or difficulties which may be encountered in theaccomplishment of the work, or resulting from the work, or resulting from

the action of the elements; and

3. The Contractors responsibility to protect existing public and privateproperty.

D. Site Protection:

1. Watchperson:

a. The Contractor shall employ watchpersons to safeguard the site.

b. The watchpersons shall be employed during all periods in whichthe Contractors employees are not performing actual site work.

2. Lights:

a. Illumination of the worksite during non-daylight hours is requiredof the Contractor at the Contractors expense.

H.19 UNDERGROUND SERVICES:

A. ACTIVE: The District has made its best efforts to show all active services on thecontract drawings and specifications. However, the District gives no assurance thatthere are no other active services in areas in which work is to be performed. If duringexecution of work, other

active services are encountered that necessitate changes in drawings orspecifications, the Contractor shall make the required adjustments.

B. INACTIVE OR ABANDONED: If, during execution of work, the Contractor

7/31/2019 DCPL-2012-R-0006 RFP Doc

31/84


32

encounters inactive or abandoned services not shown or specified, the Contractorshall notify the Contracting Officer as set forth in Article 4 of the StandardContract Provisions.

H.20 EXISTING CONDITIONS:

A. The Contractor shall verify by actual measurement existing work required toconnect with work now in place before the Contractor commences actual work atthe site. The Contractor shall ensure that new work in extension of existing workshall correspond in all respects with that to which it connects unless otherwiseindicated or specified.

B. The Contractor shall cut, alter, remove or temporarily remove and replace existingwork as necessary for the performance of the work to be done. The Contractorshall restore work remaining in place that is damaged or defaced by reason of work

done under this contract to a condition satisfactory to the COTR.

H.21 OPERATION AND MAINTENANCE INSTRUCTIONS:

A. Prior to final acceptance of the project, the Contractor shall submit to the COTRthree (3) copies of operation manuals or instruction manuals for each piece ofequipment, mechanical or electrical system.

1. Manuals shall show all controls (switches and valves) and giveinstructions on functions of each.

2. Manuals shall give proper operating, reading or tolerances for all gaugesand other control indicating devices.

3. Manuals shall show the location of all items requiring periodicmaintenance operations and specify recommended intervals ofmaintenance and recommended lubricants, and a listing of spare parts.

4. Manuals shall include diagrammatic sketches or actual layouts ofmechanical and electrical system showing location of all control itemssuch as fuses, circuit breakers, indicator lights, dials, gauges, valves,thermostats, aquatints, cleanouts, and switches.

B. The Contractor shall submit manuals which shall be bound separately intoappropriate sets, i.e., air conditioning system, heating system, ventilating system,lighting system, ship equipment, plumbing system, incinerator, sprinkler system,sound system, clock and bell system, power operated door system and specialequipment.

C. The Contractor shall deliver manuals not less than one (1) week before District

7/31/2019 DCPL-2012-R-0006 RFP Doc

32/84


33

personnel assume operation of the system.

H.22 EROSION AND POLLUTION CONTROL:

A. The Contractor shall provide erosion control facilities as approved and as requiredfor fulfilling the requirements of Health Regulations of the District of Columbia.

B. The Contractor shall take such measures, as determined to be adequate in theopinion of the Contracting Officer, which will prevent soil erosion from the site inquestion.

C. The Contractor shall conduct all operations in such a manner as to prevent whenpossible and otherwise minimize the contamination of watercourses by sediment

bearing materials or other pollutants.

D. The Contractor shall maintain effective erosion control for the duration of anysuspension of all or a portion of the construction operation.

H.23 GOVERNMENT INSPECTORS:

A. The work shall be conducted under the general direction of the COTR and issubject to inspection by his appointed Inspectors to ensure strict compliance withthe terms of the contract. Neither the COTR nor an Inspector is authorized tochange any provision of the contract documents without written authorization of

the Contracting Officer.

B. The presence of or absence of an Inspector shall not relieve the Contractor fromcompliance with material and workmanship requirements of the contract.

H.24 DRAWINGS AND SPECIFICATIONS:

A. Pursuant to the General Provisions, Standard Contract Provisions, 4383-73 thegeneral character and scope of the work are illustrated by the specifications anddrawings listed in Section J.1.Any additional detail drawings and otherinformation deemed necessary by the Contracting Officer will be furnished to theContractor when and as required by the work.

B. In case of differences between small and large-scale drawings, the large-scaledrawings shall govern.

C. Where on any of the drawings, a portion of the work is drawn out and theremainder is indicated in outline, the parts drawn out shall apply also to thoseportions indicated in the outline.

7/31/2019 DCPL-2012-R-0006 RFP Doc

33/84


34

D. Where similar work occurs in the drawings, the Contractor shall interpret thesame in its general sense and not as meaning identical. The Contractor shall workout all the details in relation to their location and their connection with other parts

of the work.

E. In case of differences between the schedules and small or large scale drawings,the schedules shall govern.

F. In cases of differences between the specifications and standards, and in cases ofdifferences between drawings and the specifications, the specifications shallgovern.

H.25 REFERENCE TO CODES AND REGULATIONS:

A.

Where the District of Columbia codes and regulations and other codes andregulations are referred to in these specifications, they are minimum requirements.

B. Where the requirements of these specifications exceed the referred requirements ofthe codes and regulations, these specifications shall govern.

C. Requirements of codes and regulations shall include revisions, amendments andsupplements thereto in effect on the closing date of the Request for Proposal(RFP).The RFP will be amended to conform it to such code and regulation changesthat occur after the closing date.

H.26 SINGULAR OR PLURAL NUMBERS:

Where any device or part of equipment is herein referred to in the specifications or on thedrawings in the singular or plural number, such reference shall be deemed to apply to asmany such devices as are required to complete the installation as shown on the drawings.

H.27 ENGINEERING AND LAYOUT SERVICES:

A. The Contractor shall provide competent engineering services to execute the workin accordance with the contract requirements. The Contractor shall verify thefigures shown on the drawings before undertaking any construction work andshall be responsible for the accuracy of the finished work.

B. The District has made its best efforts to establish such general reference points aswill enable the Contractor to proceed with the work. It is the Contractorsresponsibility to visit the site and familiarize themselves with the site conditionsbefore submitting his bid.

7/31/2019 DCPL-2012-R-0006 RFP Doc

34/84


35

C. The Contractor shall make no change in locations without the written approval ofthe Contracting Officer.

H.28 BUILDING LINES AND BATTER BOARDS:

A. Prior to commencing construction, the Contractor shall obtain a plat ofcomputations from the D.C. Surveyors Office to ascertain official referencepoints from which the property survey can be made.

1. The Contractor shall establish and have platted on site, all building lines,building restriction lines and property lines shown on drawings, utilizingthe service of a registered professional surveyor regularly engaged in suchpractice.

2. The Contractor shall also establish critical grade and boundaries forconstruction of facilities where distance measurements are important,utilizing the service of a registered professional surveyor.

3. Within 10 working days of receiving the plat of computations, theContractor shall submit to the COTR two (2) copies of plat showing suchlines and grades with a registered professional surveyors certification oftheir correctness.

H.29 WALL CHECK:

A. After foundations are in place and walls have been defined, but before additional

construction and work is effected, the Contractor shall cause a wall check to bemade by the same registered professional surveyor who established the buildinglines and property lines.

B. The Contractor shall obtain certification by the D.C. Surveyors Office of thelocation of the foundation walls by submitting his registered professionalsurveyors certification prior to proceeding with construction.

H.30 INTERFERENCE:(Mechanical Equipment, Piping, Ducts and Electric Conduits)

A. The Contractor shall coordinate all mechanical and electrical work associatedwith the separate sections of the specifications with work of all other trades so asto avoid any interference with installation of pipes, ducts and conduits.

1. The sizes and locations of the pipes, ducts, electrical conduits and themethod of running them are shown on the drawings, but it is not intendedto show every offset and fittings or every architectural or structuralobstacle that will be encountered during the installation of the work. The

7/31/2019 DCPL-2012-R-0006 RFP Doc

35/84


36

Contractor shall modify alignment of pipes, ducts and conduits from thatshown on the contract drawings, where necessary, without any additionalcosts to the District.

2. The Contractor shall furnish such materials and labor, as necessary, tomake the piping, ducts and conduit modifications as required, due tobuilding obstructions and to complete the installation in accordance withbest practice of the trades and the satisfaction of the COTR.

H.31 CONTRACT DOCUMENTS FURNISHED:

A. The District will furnish to the Contractor, free of charge, two (2) sets of drawingsand specifications. The Contractor is responsible for the reproduction or otherwiseobtaining all contract documents in excess of the numbers stated above, whichmay be required by him. The Contractor shall use these re-producible as the basis

of the as-built drawings required under H.37.

H.32 PHOTOGRAPHS:

Finished Project Photographs: After building has been constructed, site cleaned up andproject is ready for acceptance by the District, the Contractor shall furnish to the Libraryone

(1) Print that captures the completed project, as follows:

1. Area designated by representatives or the COTR.

2. Photograph shall be mounted in 24 x 36 frame, with project informationprinted under the photo in the boarder:

H.33 MODIFICATIONS,SECTION 4383-115, CHANGES, OF THE STANDARDCONTRACT PROVISIONS, GENERAL PROVISIONS SECTION:

A. The purpose of this section is to define a standard procedure for determiningreasonable costs and times for purpose of making equitable adjustments underSection 4383, CHANGES, of the Standard Contract Provisions, GeneralProvisions section.

B. Unless otherwise specifically provided in the contract, the following procedureshall be used:

1. Where the nature of the change is known sufficiently in advance ofconstruction to permit negotiation, the parties shall attempt to agree on afully justifiable price adjustment or adjustment of time for completion.

2. If the parties fail to agree upon an equitable adjustment prior to the time

7/31/2019 DCPL-2012-R-0006 RFP Doc

36/84


37

the proposed change affects the contract work, or if the ContractingOfficer determines it is not feasible to reach an agreement regarding anequitable adjustment, either due to lack of time or other reasons, theContracting Officer will order the change in accordance with Article 3 of

the General Provisions and the Contractor shall proceed with the executionof the work so changed.

C. Equitable adjustments shall be determined in the following manner, unlessotherwise specifically stated in the contract.

1. Whenever a change is proposed or directed, the Contractor shall submit aproposal or breakdown within fifteen (15) days of its receipt of thechange, and the proposal will be acted upon promptly by the ContractingOfficer.

2. Price Adjustments

a. If agreement on costs cannot be reached prior to execution ofchanged work, payment will be made for the actual costs providedrecords of such costs are made available and that such costs arereasonable and predicated on construction procedures normallyutilized for the work in question. If not, then payment shall bebased on standard trade estimating practice.

b. Where basis of equitable adjustments is the actual cost incurred inperforming changed work, the Contractor shall furnish the Districtwith a complete breakdown of costs, covering the subcontractorwork, as well as his own, individually itemizing the following:

i. Material quantities and unit pricesii. Labor hours and basic hourly rate for each labor classification

iii. Fringe benefits rate for each classificationiv. Construction equipmentv. Overhead

vi. Profitvii. Commission

viii. FICA, FUTA and DUTA (applied in basic hourly wage costs).c. The Contractor shall furnish substantiation of fringe benefits,

workmen compensation, FICA, DUTA, FUTA and Stateunemployment taxes at the request of the District.

d. The percentage for overhead, profit and commission to be allowedshall in no case exceed the following and shall be considered toinclude, but not limited to, insurance, other than mentioned herein,field and office supervisor and assistants above the level of

7/31/2019 DCPL-2012-R-0006 RFP Doc

37/84


38

foreman, incidental job burdens and general office expense,including field and home office. No percentage for overhead andprofit will be allowed on FICA (Social Security), FUTA (FederalUnemployment and DUTA (District Unemployment) taxes:

Overhead Profit Commission

1. To Contractor on work - - 10% of value ofwork

Performed by other than performedhis/her own forces.

2. To Contractor and/or 10% 10% -Subcontractor for thatportion of work performedby their respective forces.

3. From Contractor on - - 5% of value ofdeleted

deleted work to have been workperformed by other thanhis/her own forces.

4. From Contractor or - - 5%of value ofdeleted

Subcontractor on deleted workWork to have been performed byhis/her own forces.

e. When a change consists of both added work and deleted work, theapplicable percentage shall be applied to the net cost or credit.f. Where more than one tier of subcontractors exists, they shall be

treated as one subcontractor for purposes of markups. That is, onlyone overhead and one profit percentage for the subcontractors andone commission percentage for the prime Contractor shall beapplied to actual cost of work performed regardless of the numberof tiers of subcontractors.

3. Changes in the period of performance: Where a change affects the timerequired for the performance of the contract, the Contractor shall describein detail cause and effect relationship and how such change affects thespecific contract work activities, current critical path, overall performanceor work, concurrency with other delays, and the final net impact on thecontract milestone(s), specifically stating the proposed decrease orincrease in the period of contract performance in calendar days.

4. The changes in the contract period of performance, if any, resulting from

7/31/2019 DCPL-2012-R-0006 RFP Doc

38/84


39

change order work will be calculated in the following manner:

a. New durations for work activities effected by the change order willbe incorporated into the next computer printout. Time extensions

will be directly based on the extent to which the contractcompletion date is hereby extended.

b. Should new work activities be required to supplement existingactivities, they will be incorporated into the computer printout toverify total effect, if any, on the contract completion date.

c. Every attempt will be made to reach an agreement between theContractor and the COTR on the number of days by which activityduration will be extended. Should an agreement not be reachedwithin fifteen (15) days after Contractor receives the directive, the

COTR will assign a reasonable duration to be used indetermination of job progress.

D. If performance of the work is delayed by any of the causes specified in Section4383-97 of the General Provisions, TERMINATION, of Standard ContractProvisions.

1. The Contractor, when requesting an extension to the contract period ofperformance, must submit the same in writing with supporting facts andbackup documentation plus a detailed explanation that must include, butbe not limited to, the following:

a. Reasons/cause and responsibility of each delayb. Inclusive dates of each delayc. Specific trades affectedd. Portion (s) of each work contract activity affected and the duration

thereof

e. Status of work activity affected before delay commencedf. Concurrency of any other delays, including Contractors owng. Net effect of each delay under this request, on the overall contract

completion

h. In the case of late delivery of materials and/or equipment, back update, correspondence and documentation should include but not be

7/31/2019 DCPL-2012-R-0006 RFP Doc

39/84


40

limited to the following: establishment that prior to ordering therewas a reasonable assurance of timely supply; copies of eachpurchase order establishing the dates of procurement, invoices,delivery receipts and the like showing shipping or delivery dates;

and copy of correspondence showing diligent attempts to followups to obtain materials when critically needed from other sources.

2. All documentation should demonstrate that any delay was unforeseeableand without the fault or negligence of the Contractor, subcontractor orsupplier involved. The Contractor will be entitled only to the additionalnumber of days the project is delayed which is not concurrent with anotherdelay for which a time extension has been granted or for which a validrequest has been submitted.

3. In case of delays due to strikes, documentation shall include evidence of

when and what trades struck, with reasons for the strike, prompt submittalof notice when the strike was ended and the date thereof, analysis of theeffect of the strike on the completion of the contract work.

4. In case of delays due to unusually severe weather, documentation shallinclude daily temperature and precipitation records for each period ofdelay involved and explanation of delaying effect, including number ofdays that the construction activities on the current critical path at the timewere actually delayed, including any extended impact, beyond the normalanticipated days of delay due to the weather conditions.

E. COST AND PRICING DATA (applicable to a Change Order or Modification) :

1. Unless otherwise provided in the solicitation, the Contractor shall,before negotiating any price adjustments pursuant to a change orderor modification, submit cost or pricing data and certification that, tothe best of the Contractors knowledge and belief, the cost or pricingdata submitted was accurate, complete, and current as of the date ofnegotiation of the change order or modification.

2. If any price, including profit or fee, negotiated in connection with anychange order or contract modification, was increased by anysignificant amount because (1) the Contractor or a subcontractorfurnished cost or pricing data that were not complete, accurate, andcurrent as certified by the Contractor, (2) a subcontractor orprospective subcontractor furnished the Contractor cost or pricingdata that were not complete, accurate, and current as certified by theContractor, or (3) any of these parties furnished data of anydescription that were not accurate, the price or cost shall be reducedaccordingly and the contract shall be modified to reflect thereduction.

7/31/2019 DCPL-2012-R-0006 RFP Doc

40/84


41

3. Cost or pricing data includes all facts as of the time of priceagreement that prudent buyers and sellers would reasonably expect toaffect price negotiations significantly. Cost or pricing data are factual,not judgmental, and are therefore verifiable. While they do not

indicate the accuracy of the prospective Contractors judgment aboutestimated future costs or projections, cost or pricing data do includethe data forming the basis for that judgment. Cost or pricing data aremore than historical accounting data; they are all the facts that can bereasonably expected to contribute to the soundness of estimates offuture costs and to the validity of determinations of costs alreadyincurred.

4. The following specific information should be included as cost orpricing data, as applicable:

(a) Vendor quotations;

(b) Nonrecurring costs;

(c) Information on changes in production methods or purchasingvolume;

(d) Data supporting projections of business prospects and objectivesand related operations costs;

(e) Unit cost trends such as those associated with labor efficiency;

(f) Make or buy decisions;

(g) Estimated resources to attain business goals;

(h) Information on management decisions that could have a significantbearing on costs.

5. If the Contractor is required to submit cost or pricing data in connectionwith pricing any change order or modification of this contract, theContracting Officer or representatives of the Contracting Officer shallhave the right to examine all books, records, documents and other data ofthe Contractor (including computations and projections) related tonegotiating, pricing, or performing the change order or modification, inorder to evaluate the accuracy, completeness, and currency of the cost orpricing data. The right of examination shall extend to all documents

necessary to permit adequate evaluation of the cost or pricing datasubmitted, along with the computations and projections used. Contractorshall make available at its office at all reasonable times the materialsdescribed above for examination, audit, or reproduction until three yearsafter the later of:

(a) final payment under the contract;

(b) final termination settlement; or

7/31/2019 DCPL-2012-R-0006 RFP Doc

41/84


42

(c)the final disposition of any appeals under the disputes clause orof litigation or the settlement of claims arising under or relatingto the contract.

H.34 SCAFFOLDING:

A. The Contractor shall erect adequate scaffolds as required to perform the work inaccordance with the Safety Code of the DC Minimum Wage and Industrial SafetyBoard and so that the work may be inspected by COTR.

B. The Contractor shall not erect scaffolds until required to be ready for use.C. The COTR will inspect the work upon the Contractors advising of completion of

contract requirements, and the Contractor shall promptly remove the scaffoldingupon acceptance of the work.

D. Wherever possible, the Contractor shall use swinging scaffolds for exterior workunder this contract.

E. Where swinging scaffolds are not practicable, the Contractor will be permitted touse other types of scaffolds provided:

1. The Contractor shall prepare a list of areas and give the types ofscaffold(s) he will use for each area.

2. The list shall be submitted not later than ten (10) calendar days after thecontract is awarded.

H.35 EXISTING EQUIPMENT REMAINING IN USE: (Where applicable)

A. During the contract term, D. C. Government personnel will maintain any existingequipment that remains temporarily operational.

B. The Contractor shall coordinate with the COTR the time for removal ofequipment in order to permit the District to salvage components for use onequipment remaining in use.

H.36 TESTING AND CARE OF DRAINAGE FACILITIES:

A. Prior to commencement of work under the contract, the Contractor shall conducttests to ascertain the condition of existing drainage lines in accordance with thefollowing requirements:

1. On projects where work is to be executed in the area of roof drains andareaways drains, the Contractor shall conduct a hose test on each drain

7/31/2019 DCPL-2012-R-0006 RFP Doc

42/84


43

line using a inch inside diameter garden hose without a nozzle and fullpressure from an existing hose cock.

2. On projects where work is to be executed in the area of storm drainagestructures such as yard drains, curb drains and catch basins, the Contractorshall conduct a hose test using a fire hose under pressure from a firehydrant.

3. On projects where new work is to be connected to existing drainage lines,the Contractor shall conduct a test on each line affected to ascertain thatthe lines are clear and will handle their full capacity. Test shall beconducted with any apparatus that will establish the rate of flow.

4. In addition to before and after tests specified in subparagraphs A and D ofthis section, the Contractor shall execute tests on new installations inaccordance with the plumbing section of these specifications.

B. All testing shall be performed in the presence of the Project Inspector and COTR.The Contractor shall notify the COTR two (2) working days in advance of thetesting.

C. The Contractor shall promptly notify the COTR in writing of any existing drainlines found to be deficient. The Contracting Officer will initiate remedial actionby D.C. Government personnel or issue a change order in accordance with,CHANGES, of the Standard Contract Provisions, General Provisions section.

D. Subsequent to proof of line clearance, the Contractor will be held responsible formaintaining all lines in clear and clean condition and shall remedy anydeficiencies that may occur at no cost to the District until the final acceptance dateof the contract. Just prior to final acceptance in order to demonstrate clearance,the Contractor shall repeat the tests as specified in subparagraph A (1), (2) and(3).

E.H.37 AS-BUILT DRAWINGS:

1. As-built drawings shall be provided as described in the projectspecifications that will be prepared by the architect.

H.38 INSPECTORS OFFICE:

Not Required

H.39 51% DISTRICT RESIDENTSNEW HIRES/FIRST SOURCE EMPLOYMENTAGREEMENT:

7/31/2019 DCPL-2012-R-0006 RFP Doc

43/84


44

H.39.1 The Contractor shall comply with the First Source EmploymentAgreement Act of 1984, as amended, D.C. Official Code, sec. 2-219.01 etseq. (First Source Act).

H.39.2 The Contractor shall enter into and maintain, during the term of thecontract, a First Source Employment Agreement, Attachment J.5, in whichthe Contractor shall agree that:

1. The first source for finding employees to fill all jobs created inorder to perform this contract shall be the Department ofEmployment Services (DOES); and

2. The first source for finding employees to fill any vacancyoccurring in all jobs covered by the First Source Employment

Agreement shall be the First Source Register.

H.39.3 The Contractor shall submit to DOES, no later than the 10th each monthfollowing execution of the contract, a First Source Agreement ContractCompliance Report (contract compliance report) verifying itscompliance with the First Source Agreement for the preceding month.The contract compliance report for the contract shall include the:

1. Number of employees needed;

2. Number of current employees transferred;

3. Number of new job openings created;

4. Number of job openings listed with DOES;

5. Total number of all District residents hired for the reporting periodand the cumulative total number of District residents hired; and

2. Total number of all employees hired for the reporting period andthe cumulative total number of employees hired, including;

a. Name;b. Social Security number;c. Job title;d. Hire date;e. Residence; andf. Referral source for all new hires.

7/31/2019 DCPL-2012-R-0006 RFP Doc

44/84


45

H.39.4 If the contract amount is equal to or greater than $100,000.00, theContractor agrees that 51% of the new employees hired for the contractshall be District residents.

H.39.5 With the submission of the Contractors final request for payment fromthe District, the Contractor shall:

1. Document in a report to the Contracting Officer its compliance withthe section H.39.4 of this clause; or

2. Submit a request to the Contracting Officer for a waiver ofcompliance with section H.39.4 and include the followingdocumentation:

a. Material supporting a good faith effort to comply;b. Referrals provided by DOES and other referral sources;c. Advertisement of job openings listed with DOES and other

referral sources; and

d. Any documentation supporting the waiver request pursuantto section H.39.6.

H.39.6 The Contracting Officer may waive the provisions of section H.39.4 if theContracting Officer finds that:

a. A good faith effort to comply is demonstrated by the Contractor;b. The Contractor is located outside the Washington Standard

Metropolitan Statistical Area and none of the contract work isperformed inside the Washington Standard Metropolitan Areawhich includes the District of Columbia; the Virginia Cities ofAlexandria, Falls Church, Manassas, Manassas Park, Fairfax, andFredericksburg, the Virginia Counties of Fairfax, Arlington, PrinceWilliam, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpepper,Spotsylvania, and King George; the Maryland Counties ofMontgomery, Prince Georges, Charles, Frederick, and Calvert; andthe West Virginia Counties of Berkeley and Jefferson.

c. The Contractor enters into a special workforce developmenttraining or placement arrangement with DOES; or

d. DOES certifies that there are insufficient numbers of Districtresidents in the labor market possessing the skills required by the

7/31/2019 DCPL-2012-R-0006 RFP Doc

45/84


46

positions created as a result of the contract.

H.39.7 Upon receipt of the Contractors final payment request and relateddocumentation pursuant to sections H.39.5 and H.39.6, the Contracting

Officer shall determine whether the Contractor is in compliance withsection H.39.4 or whether a waiver of compliance pursuant to sectionH.39.6 is justified. If the Contracting Officer determines that theContractor is in compliance, or that a waiver of compliance is justified, theContracting Officer shall, within two business days of making thedetermination forward a copy of the determination to the Agency ChiefFinancial Officer (CFO) and the COTR.

H.39.8 Willful breach of the First Source Employment Agreement,