DCPL-2012-R-0003 RFP

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DESIGN-BUILD SERVICES - - Tenley Misc Metals Signage and National Park Service Land Site RestorationSOLICITATION NO. DCPL-2012-R-0003

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PART I

SECTION B - SUPPLIES OR SERVICE AND PRICE/COST

B.1 The District of Columbia Public Library is seeking the services of a contractor or contractors toprovide Design-Build Services for the Cor-Ten Steel Plates and Historical Letters for the Tenley-Friendship Library (located at 4450 Wisconsin Ave in Northwest Washington) and to provideservices to restore the former Benning Interim Library site, on land owned by the National ParksService, (located at Benning Road and 41st Street in Northeast Washington DC) in accordance withthe statement of work for project 1 and 2, provided herein and in accordance with the District ofColumbia Public Library Standard Contract Provisions for Supply, Service, Architect/Engineer andConstruction Solicitation and Contracts, dated October, 2009.

B.2

SECTION B: SCHEDULE FOR CONSTRUCTION, ALTERATIONS, REPAIRS PRICE

B.3 An SBE must be certified as small business in the procurement category of Management and DesignBuild Services and/or Restoration/Reclamation Services of Land and Other Properties in order to beeligible to submit a proposal in response to this solicitation.

B.4 The District reserves the right to make a single award or multiple awards under this solicitation:Project 1 Tenley Library Historical Letters SignProject 2 National Parks Service Land Site Restoration (former Benning Interim Site)

Designation of Solicitation for the Set -Aside Market Clauses With 35% SBE SubcontractingSet-Aside (Construction)

This Request For Proposals is designated for certified small business enterprise (SBE) offerors onlyunder the provisions of the Small, Local, and Disadvantaged Business Enterprise Development andAssistance Act of 2005 (the Act), Title II, Subtitle N, of the Fiscal Year 2006 Budget Support Actof 2005.

B.5 PRICE

The Offeror shall submit its price proposal for Project 1 and Project 2 under a cover letter on itsletterhead in the format illustrated in Attachment J.10.

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PART I FOR PROJECT 1

C.1.1 BACKGROUND

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 TENLEY LIBRARY HISTORICAL LETTERS SIGN

The contractor shall furnish all parts, labor, material and equipment necessary to design and build theCor-Ten Steel Plates and Historical Letters for the Tenley-Friendship Library. The Historical Letterswere part of the Library construction in the mid 1960s, the letters are now being re-used. TheLibrary has the existing letters to be used as part of this project. The Tenley-Friendship Library islocated at 4450 Wisconsin Ave, at the intersection of Albemarle Street in Northwest Washington DC.

The drawings associated with this project are to be used as DESIGN INTENT DRAWINGS only.The selected contractor will be responsible for developing architectural and engineering drawingsnecessary to complete the work.

The Contractor shall provide a price proposal to perform the work described herein and in theattached Design Intent Drawing plan sheet as well. The contractor shall be responsible for deliveryof a sign on perforated Cor-Ten Steel plates that meets the Design Intent Drawings to the extentpossible.

C.1.2 SCOPE OF WORK

Below outlines the work to be performed by the selected contractor. This is not a comprehensive list,but is provided to give Offerors a general scope of what is required. It is the Offerors responsibilityto assure that his pricing includes all necessary work in order to complete the project.

a. The Contractor shall design and build the Tenley Historical Letter Project in accordance with theattached Design Intent Drawings and as stated herein.

b. The contractor shall be responsible for coordinating the installation with DC Public LibraryProject Manager, DC Public Library Facilities Manager and the Tenley-Friendship LibraryBranch Manager.

c. Prior to beginning of work or ordering of any material the Contractor shall have written approvalfrom the Architect of Record for the Project. The Architect of Record is: The Freelon Group.Approval will be achieved through the submission of samples and shop drawings.

d. The Contractor shall remove the portion of chain link fence as indicated on attached Design IntentDrawings.

e. The Contractor shall sandblast and clean both sides of the retaining wall.f. The contractor shall remove all vegetative overgrowth within the project limits.g. The contractor shall patch all cracks or greater in width.h. Upon completion of the work the Contractor shall coordinate with the Architect of Record a site

walk through to assure compliance with the plans and design intent.i. The Offeror pricing shall be for 3/8 thick perforated Cor-Ten steel plate. The Design Intent

Drawings indicated .j. The Library acknowledges that the perf pattern and border conditions as indicated on the Design

Intent Drawings are cost prohibited. Offerors shall base their pricing on a standard perf-patternin lieu of the custom pattern indicated on the Design Intent Drawings.

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C.1.3 EXISTING CONDITIONS

This section serves to supplement other sections of this solicitation. Where an apparent conflictexisting Section C.1.3 is the prevailing section and take precedence over the other sections.

a. The contractor shall conduct a pre-construction kick off meeting with the Library, and appropriatesub contractors or venders

b. The contractor shall photograph and video the existing conditions prior to start of work. Anydamage done to the Library or adjacent St. Anns property shall be repaired in-kind at the soleexpense of the contractor.

c. The historical letters are available for inspection at 901 G Street NW, Suit 443, please contact MsLisa Deanes (info below) to view them.

d. The contractor shall field measure the height and length of the existing concrete retaining wall aswell as survey the precise finish grades on both sides of the wall. This information will be used togenerate the shop drawings, the geometry of which is highly dependent on these fieldmeasurements.

C.1.4 CONTACT INFORMATION

District of Columbia Public LibraryMs. Lisa Deanes, Project Manager901 G Street NW, Suite 443Washington, DC [email protected]

Architect of RecordThe Freelon Group

Mr. Mike RantillaP.O. Box 12876Research Triangle Park, NC [email protected]

C.1.5 DESIGN INTENT DRAWING

The Contractor shall Design and Build the work in accordance with the Drawing listed below andincluded herein

The Tenley Library opened to the public on January 24, 2011. The contractor shall be responsible forcoordination during construction of the signage. The library shall remain open at all times. Thecontractor shall minimize disruption to the use of Library parking spaces. When additional space is

Attachment J.1Sheet R001 Exterior Historical SignageDate: November 29, 2010Revised Date: December 22, 2010

C.1.6 COORDINATION DURING CONSTRUCTION
mailto:[email protected]:[email protected]:[email protected]

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needed the Contractor can utilize the parking area during library off-hours. The Library hours canbe found by visitingwww.dclibrary.org. The parking area may only be closed to use for 3 days whilethe library is in use.

The Contractor shall not occupy more space at the site than is absolutely necessary for properexecution of the work. See Section C.1.8 for submission construction staging and phasing plan.

C.1.7 TIME OF COMPLETION

The total period of performance for this project is 270 calendar days and shall proceed as outlinedbelow.

a. The Contractor shall commence work within five (5) calendar days of the date specified in thewritten Notice to Proceed (NTP) signed and issued by the Contracting Officer.

b. The Contractor shall submit design and engineering drawings within 45 calendar days of signedNTP. Samples as noted below will be required during this phase.

c. The Design Drawing review period by Library and Architect of Record is 30 calendar daysd. Contractor shall complete the work within 150 calendar days of approved design and engineering

drawings.e. The Contractor shall complete, if necessary, all deficient work within 30 calendar days of final

site walk through.

C.1.8 SHOP DRAWINGS AND SAMPLES

The Library and the Architect of Record require that the following be submitted for review andapproval prior to the ordering of materials or work beginning:

a. All the drawings must be completed, signed and stamped by Architects and Engineers licensed towork in the District of Columbia.

b. An Issued for Construction plan sheet(s) based on the Design Intent Drawing.c. Fully dimensioned and detailed drawings for the steel support frame, anchorage and perforated

steel plate infill panels. It is expected that the geometry of the steel assembly on the shopdrawings may differ somewhat from the design intent drawings once precise field measurementshave been taken. The contractor is to use the design intent drawings as a guide for shop drawingproduction, which will then need to be reviewed, adjusted, and approved by the architect prior tofabrication.

d. Engineering calculations of the steel support frame, anchorage and perforated steel plate infillpanels to show compliance with the components and cladding wind pressures for open signs asspecified in the 2006 International Building Code and ASCE-7-05.

e. (2) 12x12 samples of the perforated Cor-Ten steel plate infill panels, one non-weathered andone pre-weathered with a muriatic acid solution.f. Construction schedule in CPM format.g. Construction phasing plan, indicating how the work will take place and areas of the sight affectedh. Shop drawings indicating the exact attachment method and dimensioned locations of the

historical signage letters.
http://www.dclibrary.org/http://www.dclibrary.org/http://www.dclibrary.org/http://www.dclibrary.org/

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PART I FOR PROJECT 2

a. The Design-Builder shall prepare a set of Site Restoration Plans for review and approval by, butnot limited to, the Library, the National Parks Service, DCRA, DDOE, DDOT and DDOE.

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.2 NATIONAL PARKS SERVICE (NPS) LAND SITE RESTORATION

C.2.1 BACKGROUND

The design-builder shall furnish all necessary documents, drawings, permits, parts, labor, materialand equipment necessary to restore the former Benning Interim Library site located at Benning Roadand 41st Street in Northeast Washington DC. The subject property is owned by the National ParksService (NPS). The temporary modular library that occupied the site was removed in the summer of2010. The Library is required to restore the site to an agreed upon condition and to NPS standards.

C.2.2 SCOPE OF WORK

1. Design Documentation and Approval Process

b. The Design-Builder shall field verify all existing conditions. This will require updating theFebruary 2007 AMT Sheet C-300 (See Attachment J.2.1). Offerors shall assume that a full sitesurvey will be required in order to complete the work.

c. The Design-Builder shall meet and obtain all necessary approvals from DC Water for removal ofexisting sanitary sewer lines and water service lines. Design-Builder shall assume that lines willbe removed completely and terminated at the main location in 41st Street; unless instructedotherwise by DC Water.

d. Design-Builder shall present a Site Restoration Plan and narrative to NPS for approval. NPScontact:

Stephen SyphaxChief, Resource Management DivisionNational Capital Parks-EastNational Park Service1900 Anacostia Drive, S.E.Washington, D.C. 20020Office: 202-690-5160Email: [email protected]

e. The Design-Builder shall obtain necessary approvals from the District Department ofTransportation (DDOT) for work associated in Public Space.

f. The Design-Builder shall pay all fees associated with permits and approvals to all applicableagencies. Agencies include but are not limited to DDOT, DC Water, District Department ofConsumer Affairs (DCRA) and District Department of the Environment (DDOE)

2. Removal of Utility Lines (Water and San. Sewer)

a. The Design-Builder shall remove the existing 1-inch type K copper water line, 1-inch corporation

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stop and water meter. Removal shall be done in accordance with DC Water guidelines. Anydisturbance to asphalt pavement shall be replaced in-kind or to DDOT standards for patchingand paving, whichever is stricter.

b. The Design-Builder shall remove the existing 6-inch PVC sanitary sewer line and plug and capmanhole invert. Removal shall be done in accordance with DC Water guidelines. Anydisturbance to asphalt pavement shall be replaced in-kind or to DDOT standards for patching

and paving, whichever is stricter.

3. Site Restoration Work

a. The Design-Builder shall remove in its entirety the existing asphalt and gravel parking area asdelineated on attached aerial photograph, Attachment J.2.2. Asphalt and gravel materials shall bedisposed of, off site, in accordance with all applicable District rules and regulations.

b. In the area where the modular unit was located concrete frost footings exist. Design Builder shallleave concrete footing in place and assure 6-inches of topsoil over the footings

c. During excavation for the modular library miscellaneous large debris was observed and in mostcases removed. Design-Builder is hereby given notice of the likelihood for removal of

miscellaneous debris in order to establish the 6-inch topsoil layer. It is believed the site was onceused as an unauthorized dumping area.

d. The Design-Builder shall remove all miscellaneous debris from the site: this includes but is notlimited to concrete stoop, downed telephone poles, fence post, trash, etc. The pre-proposal sitevisit will further identify items for removal.

e. The Design-Builder shall fill any holes with clean fill materialf. The Design-Builder shall grade the site to assure positive drainage.g. The Design-Builder shall apply, at a minimum, 6-inches of top soil for site turf preparation.h. The Design-Builder shall follow NPS-NCR Turf Establishment Specifications for

Seeding/Sodding. Note. This specification has been modified from the original NPS document tobetter accommodate this project. (Attachment J.2.3)

4. Parking Area and Site Clean-up.

a. The existing parking area and stops on the west side of the site are to remain.b. The Design-Builder shall sweep by mechanical means the existing western parking area and

stripe the existing spaces per DDOT parking regulations.c. Design-Builder shall add two additional parking stops along the north-western edge of the site.5. Site Maintenance

a. The Design-Builder shall provide necessary orange construction fencing around the newlyestablished turf area.

b. The Design-Builder shall be responsible for maintaining newly established turf area for a periodof 6-months to assure the turf has established.

c. The Design-Builder shall provide a written one-year warranty on turf.C.2.3 ATTACHMENTS

The following documents are attachments to this Scope of Work, these are for information purposesonly and not to be used for actual construction.

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a. Utility Plan C-300 provide by A. Morton Thomas and Associates. February 2007 (AttachmentJ.2.1)

b. Aerial Plan General site conditions and site restorations (Attachment J.2.2)c. NPS-NPC Turf Establishment Specifications for Seeding/Sodding: (Attachment J.2.3)

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PART I

SECTION D: PACKAGING AND MARKING

D.1 MATERIAL DELIVERY, HANDLING AND STORAGE

2. The Contractor shall not occupy more space at the site than is absolutely necessary forproper execution of the work.

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A. The Contractor shall deliver materials and equipment in the original, properly labeledunbroken packages, containers, cartridges or bundles and in such quantities and such ampletime that progress of work will not be delayed.

B. The Contractor shall protect materials and products against any damage or deteriorationduring transit to the site, unloading, delivering and storing at site, installation or erection andduring period between installation or erection and final acceptance by the District, that shallinclude, 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 and testing beforeand during the use as follows:

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

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PART I

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION:

The inspection and acceptance requirements for the resultant contract will be governed by Section4383-42 of the District of Columbia Public Library's Standard Contract Provisions for Supply,Service, Architect/Engineer and Construction Solicitations and Contracts, dated October 2009,incorporated herein by reference. A copy of this booklet is available free of charge to the biddersat the Bid Issuance Office located at 901 G Street, N.W. Washington, DC 20001.

In addition, the acceptance criteria for different parts of the work, described in other sections of theRFP, and final Issue For Construction Plans and Specifications and (SectionC.3) shall take precedentover Section E.

E.2 PARTIAL ACCEPTANCE

A. The Contracting Officers Contract Administrator (CA) may, at his/her option, accept part ofthe work under this contract in writing prior to the CAs final acceptance of all the work underthe contract, when the CA considers it beneficial to the District of Columbia.

:

B. Partial acceptance shall not preclude liquidated damages for failure to complete the contractwithin the required time limits established under TIME FOR COMPLETION in SectionF.1.

E.3 FINAL INSPECTION:

The Contractor shall give the CA written notice at least fourteen (14) days in advance of date onwhich project will be 100% complete and ready for final inspection. Prior to final inspection datethe Contractor shall verify in writing that in the Contractors best judgment no deficiencies exist.

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PART I

SECTION F - DELIVERIES OR PERFORMANCE

F.1 TIME OF COMPLETION

a. The Period of Performance for Project 1 is: 270-calendar days from signed and issued NTP

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The Contractor shall commence work within 5 calendar days of the date specified in the writtenNotice to Proceed (NTP) signed and issued by the Contracting Officer.

b. The Period of Performance for Project 2 is: 270-calendar days from signed and issued NTPPLUS the 6-month or 180-day maintenance period as indicated in Section C.2.2.5.b

c. The Library will negotiate with the selected contractor , if necessary, to stagger the NTP date foreach Project.

F.2 DELIVERABLES:

The Contractor shall submit to the District, as a deliverable, the report described in section H.39.5ofthis contract that is required by the 51% District Residents New Hires Requirement and First SourceEmployment Agreement. If the Contractor does not submit the report as part of the deliverables, finalpayment 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 in other sectionsof the RFP, and final Issue For Construction Plans and Specifications and (Section C) shall takeprecedent over Section F.

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PART I

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE PAYMENT:

A. The District will make payments to the Contractor, upon the submission of proper invoicesbased on the approved Critical Path Method (CPM) schedule Section H.16 of this documentonly for the percentage of work or services actually performed or completed during thesubject period and accepted by the District, less any discounts, allowances or adjustmentsprovided for in this contract.

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

G.2 INVOICE SUBMITTAL

A. The Contractor shall submit a draft Schedule of Values to the CA at least ten (10) days beforesubmission of their first Payment Application. Electronic submissions to are acceptable for thispurpose. Once accepted by the Library, this Schedule of Values will become the basis for alsubsequent Payment Applications.

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The following procedures are designed to streamline the processing of payment applicationssubmitted for this project. These procedures must be followed for all payment applicationssubmitted. Failure to follow these procedures may result in delays in payment.

B. The Contractor shall submit a draft Payment Application to the CA five (5) business days before aplanned submission of a final Payment Application. Revisions, if necessary, will be requested by

the CA within that five-day period.

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

i. The bill-to address: DC Public Library Chief Financial Officer 901 G Street NWRoom 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 Application numbers must be unique toeach contract. E.g., a contractor may not have more than one Payment Application

number 1 with DCPL, even if they are for different contracts. Use of an internaproject number as part of the Payment Application number is an effective way tomeet this requirement).

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

vii. The dollar amount requested from each respective line of the DCPL purchaseorder.

viii. The remittance address for payment.ix. A contact name and telephone number in case there is a question about the

Payment Application.

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b. The Contractor shall ensure that all Payment Applications include the following backupdocumentation:

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 and execution by DCPL is indicated byissuance of a revised Purchase Order. Payment Applications requesting amountsgreater 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 are approved forpayment.

C. Once any revisions are incorporated into the Payment Application, mail two (2) hard copies of thefinal Payment Application and all associated back-up documentation to the following addressNote that electronic submissions of Final Payment Applications will not be accepted for thisproject.

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

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT:

G.3.1 For contracts subject to the 51% District Residents New Hires Requirement and First SourceEmployment Agreement, final request for payment must be accompanied by the report or awaiver of compliance discussed in H.39.5.

G.3.2 The CFO shall not make final payment to the Contractor until the CFO has received theContracting Officers final determination or approval of waiver of the Contractorscompliance with 51% District Residents New Hires Requirement and First SourceEmployment Agreement.

G.4 METHOD OF PAYMENT:

Addressed in Section G.2

G.5 ASSIGNMENTS

In accordance with DCPL Standard Contract Provision, Section 4383-111, unless otherwiseprohibited by this contract, the Contractor may assign monies due or to become due as a result of theperformance of this contract to a bank, trust company, or other financing institution. Any assignment

:

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shall cover all unpaid amounts payable under this contract, and shall not be made to more than oneparty.

Notwithstanding an assignment of money claims pursuant to authority contained in this contract, theContractor, not the assignee, is required to prepare invoices. Where such an assignment has beenmade, 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)

Email:

:

The Contracting Officer (CO) assigned to this contract has responsibility for ensuring theperformance of all necessary actions for effective contracting; ensuring compliance with the termsand conditions of the contract and safeguarding the interests of the United Sates in its contractual

relationships. The CO is the only individual authorized to enter, administer or terminate this contractand is the only person authorized to approve changes to any of the contract requirements.

The Contracting Officer is identified as follows:

Wayne R. MinorChief Procurement OfficerDC Public LibraryOffice of901 G Street, NWWashington, DC 20001

Telephone: (202) [email protected]

G.7 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

In accordance with Section 4383-11 of the District of Columbia Public Library's Standard ContractProvisions for Supply, Service, Architect/Engineer and Construction Solicitations and Contractsdated October 2009,the Contracting Officer is the only person authorized to approve changes to anyof the requirements of this contract.

The Contractor shall not comply with any order, directive or request that changes or modifies the

requirements of this contract,

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unless issued in writing and signed by the Contracting Officer.

G.8 CONTRACTING OFFICERS CONTRACT ADMINISTRATOR (CA):

The Contracting Officer may designate Government personnel to act as the Contract Administrator(CA) to perform functions under the contract such as review or inspection and acceptance of supplies,services, including construction, and other functions of a technical nature. The Contracting Officerwill provide a written notice of such designation to the Contractor within five working days aftercontract award. The designation letter will set forth the authorities and limitations of the COTRunder the contract.
mailto:[email protected]:[email protected]:[email protected]:[email protected]

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The Contracting Officer cannot authorize the CA or any other representative to sign documents, suchas contracts, contract modifications, etc., that require the signature of the Contracting Officer.

The Contracting Officers Contract Administrator is identified as follows:

Lisa DeanesProject ManagerCapital Construction901 G Street, N.W.Washington, D.C. 20001Office Number: (202) 727-5181Facsimile Number: (202) 727-4792

B. It is fully understood and agreed by the Contractor that the CA shall not have any authority tomake changes in the specifications/scope of work, price or terms and conditions of thecontract.

C. Contractor shall be held fully responsible for any changes not authorized in advance, inwriting, by the Contracting Officer, and may be denied compensation or other relief for anyadditional work performed that is not authorized by the Contracting Officer in writing. Inaddition, Contractor may also be required at no additional cost to the District, to take allcorrective action necessitated by reason of the unauthorized changes.

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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 the contract, theContractor shall pay liquidated damages to the DCPL in the amount of $100 for each calendarday of delay until the work is completed or accepted beyond the period of performance.

H.2 GOVERNMENTS RESPONSIBILITY:

The Library shall provide to the Contractor all necessary passes for Contractors employees requiredto enter into the facility prior to and subsequent to the Contractor taking control of the facility.

H.3

1. The Contractor shall apply and pay for all required permits well in advance of the timethat they are needed.

PERMITS, LICENSES AND CERTIFICATES:

A. The Contractor will be responsible for obtaining the building permit issued by the Departmentof Consumer and Regulatory Affairs (DCRA), Building and Land Regulation AdministrationThe Contractor shall also apply for and obtain all other permits required for this projectincluding Raze Permit, certificates and licenses from the Office of Licenses and PermitsPermit Processing Division, Department of Consumer and Regulatory Affairs and the Districtof Columbia Water and Sewer Authority.

2. If the Contractor experiences any difficulty in obtaining a permit, the Contractor shallrequest assistance immediately from the CA.B. It is the responsibility of the Contractor to ascertain and obtain the required permits, licenses

and certificates for this project. Permits, Licenses and Certificates may include, but are notlimited to:

Permits and Certificates Licenses

1. Plumbing 1. Master Plumbers2. Electrical 2. Electrical

3. Refrigeration 3. Refrigeration4. Elevator 4. Boiler5. 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

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C. The District will not allow work requiring permits and licenses to proceed until the Contractorproduces evidence showing that such permits and licenses have been procured from thepermitting agency. Permits will be issued only to persons duly licensed for work in theDistrict of Columbia, except as follows:

1. Where electrical, plumbing and refrigeration Contractors and their craft personsperform work under contract with the District of Columbia and the work is physicallylocated in areas outside the District of Columbia, it shall be sufficient if any suchContractor and the Contractors craft persons are licensed either by the District ofColumbia or by any governmental agency having jurisdiction over the area adjoiningthe site on which the work is performed.

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

H.4 UTILITY CONNECTIONS AND SERVICES:

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

A. TEMPORARY ELECTRICITY (IF NECESSARY)

a. Install a temporary meter on existing power lines and pay for all electric powerused;

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1. The Contractor shall arrange for and pay all expenses associated with procurement anduse of the following:

b. Install temporary lines to conform with the requirements of the D.C. ElectricalCode for such work;

c. Furnish and install all necessary safety devices required;

d. Maintain temporary line and equipment in proper condition until lines are nolonger required and disconnected;

e. Make connections to existing electric services in accordance with D.CElectrical Code requirements and standard procedures developed by the

electric company;

f. Upon completion of the work, remove temporary lines, poles and otheraccessories, make disconnections and restore services to an approvedcondition.

B. TEMPORARY WATER (IF NECCESARY): For construction purposes, temporaryconnection to the existing water mains is permitted, at the Contractors expense, contingentupon the Contractor performing the following:

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1. That no connections to water mains be made without first acquiring approval from theDistrict of Columbia Water and Sewer Authority (WASA).

2. That the Contractor shall furnish all necessary temporary lines, fittings, valves, andmake all temporary connections to bring the water to the job site.

3. That all pipe, fittings, and hose used shall be leak proof and that hook-ups andconnections be made in a manner comparable to new work to prevent unnecessarywaste 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 and other

accessories are removed; disconnections made and services restored to an approvedcondition.

C. PERMANENT CONNECTIONS TO MAINS (IF NECESSARY):

The Contractor shall make and pay for all the required permanent connections for water,sewer, gas, electrical, telephone and fire alarm systems at its own expense. The Contractorshall pay fees and associated costs and make all arrangements with utility companies andappropriate agencies as may be required for proper and expeditious completion of the project.

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 areintended to establish minimum standards of quality for materials, fabrication and finishes.

1. Such references shall not be construed as limiting competition or controlling selectionof manufacturers, and the Contractor in such cases may submit for approval any itemor type of construction which, in the judgment of the Contracting Officer, expressed inwriting, is equal to that specified.

2. The CA will judge the submissions on the basis of durability, strength, appearance

serviceability of parts, output, coordination with related work and the ability to fulfillthe requirements of the specified item.

H.7 DEBRIS AND CLEANING

B. Upon completion of the work, the Contractor shall remove all equipment, salvaged materialsprovided for the work (except any materials that are to remain the property of the Government

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A. The Contractor shall, during the progress of the work, remove and properly dispose of theresultant dirt and debris daily and keep the premises clean and free from safety hazards.

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of the District of Columbia as provided in the specifications) and leave the premises in a neatand clean condition satisfactory to the CA at the site.

H.8 MATERIALS AND WORKMANSHIP

A. Unless otherwise specified, all materials and equipment incorporated in the work under thecontract shall be new. All workmanship shall be first class and by persons qualified in therespective areas.

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B. In the absence of specific requirements for installation of a material or product, the Contractorwill be held responsible for installation of said material or product in strict accordance withthe manufacturer's printed instructions and recommendations.

H.9 STANDARDS:

A. Any material specified by reference to the number, symbol or title of a specific standard suchas a Commercial Standard, a Federal Specification, ASTM certification or other similar

standard, shall comply with the requirements in the latest revision hereof.

B. The District will not furnish any copies of the applicable Federal Specifications, CommerciaStandards and other standard specifications to the bidders. However, the Contracting Officerwill furnish upon request, information as to how copies of the standards referred to may beobtained, and it will be responsibility of the requestor to obtain the necessary documents fromrespective sources.

C. Where a standard is referred to in the various sections of these specifications, it shall includethe installation requirements specified therein unless specifically modified in the contractspecifications.

H.10 EQUIPMENT COORDINATION:

It shall be the responsibility of the Contractor to ascertain that the make and model of all shop orfactory fabricated equipment furnished not only meets all requirements of the contract document, butit shall be of the proper physical size and dimension to fit the space or area, ductwork, conduit, panelboxes, disconnect switches and related accessory equipment. Where the physical size of anyequipment is dependent upon other equipment, coordination shall be done by the Contractor to assurethat they are compatible 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 the equipment,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, the Contracting Officerreserves the right to stop all the work, or any portion thereof, affected by the Contractors failure tocomply with the contract requirements. This stoppage will remain in effect until the Contractor hastaken action to meet the contract requirements, or any separable part thereof. After writtennotification and work stoppage, the District may terminate the right of the Contractor to proceed asprovided in Section 4383-41 of the District of Columbia Public Library's Standard Contract

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Provisions for Supply, Service, Architect/Engineer and Construction Solicitations and Contractsdated October 2009.

H.12 SUBCONTRACTS:

A. Nothing contained in the contract documents shall be construed as creating any contractualrelationship between any subcontractor and the Government of the District of Columbia.

1. The divisions or sections of the specifications are not intended to control theContractor in dividing the work among the subcontractors or to limit the workperformed by any trade.

2. The Contractor shall be as fully responsible to the Government of the District ofColumbia for the acts and omissions of subcontractor and of persons employed bythem as he is for the acts and omissions of persons directly 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 the District ofColumbia, utilize the services of specialty subcontractor of those parts of the workwhich are specified to be performed by specialty subcontractor.

5. The Government of the District of Columbia will not undertake to settle anydifferences between the Contractor and his subcontractor or between subcontractor.

B. No portion of the contract shall be subcontracted except with the prior written consent of theContracting Officer, or his authorized representatives, and such consent, when given, shall not

be construed to relieve the Contractor of any responsibility for the fulfillment of the contractRequest(s) or permission to subcontract any portion of the contract shall be in writing andaccompanied 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 Contractor that the LaborStandards Provisions set forth in this contract shall apply to labor performed on all workencompassed by the request(s). The request(s) also shall provide the following information:

1. Subcontractors name, address, telephone number, and Federal Social SecurityNumber used on the Employers Quarterly Federal Tax Return, U.S. TreasuryDepartment Form 941.

2. Estimated dollar amount of the subcontract.

3. Estimated starting and completion dates of the subcontract.

4. The subcontractor approval request form included herein should be used to requestapproval of subcontractor on this project. The form should be completed for eachsubcontractor requested for approval and submitted to the Contracting Officer. Copiesof these forms are available upon request from the CA.

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C. Any work or service so subcontracted shall be performed pursuant to a subcontractagreement, which the District will have the right to review and approve prior to its executionby the Contractor. Any such subcontract shall specify that the Contractor and thesubcontractor shall be subject to every provision of this contract. Notwithstanding any suchsubcontract approved by the District, the Contractor shall remain liable to the District for allContractors work and services required hereunder.

H.13 USE OF PREMISES

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

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A. If the Contractor considers it necessary to perform any work after the regular working hourson Saturdays, Sundays or legal holidays, the Contractor shall perform this work without anyadditional expense to the Government of the District of Columbia.

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

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

D. The Contractor shall occupy only such portions of the premises as required for properexecution of the contract.

E. The Contractor shall perform all the work in such a manner as to cause minimum annoyanceor noises and disturbances to occupants of adjacent premises and interference with normaltraffic.

F. The Contractor shall keep gates locked to maintain security into work area dictated by theexisting job conditions of such nature as to prevent:

1. Entry of work areas by unauthorized persons;

2. Removal of Government property and supplies.

H. The Contractor shall comply with the regulations governing the operation of premises that areoccupied and shall perform his contract in such a manner as not to interrupt or interfere withthe conduct of Government of the District of Columbia and/or Washington Metropolitan AreaTransit Authority (WMATA) business.

H.14 PATENTS:

The Contractor shall hold and save the Government, its officers, agents, servants and employees,harmless for liability of, any nature or kind, including cost and expenses for, or on account of anypatented or unpatented invention, article or appliance manufactured or used in the performance of thiscontract, including their use by the Government of the District of Columbia.

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H.15 SAFETY PRECAUTIONS

H.16

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

1. The Contractor or his representative shall be thoroughly familiar with these standardsand have copies of same available at the project site at all times.

B. Operators of explosive-actuated tools shall have a training certificate, as required by theSafety Code in their possession.

C. The Contractor shall be responsible for providing and installing adequate temporary shoringor bracing for all walls, slabs and like constructions until such items attain their design,strength, and stability.

1. The Government, its officers, agents, servants, and employees shall not be held liablefor any property damages or physical harm resulting from inadequate protection.

2. Prior to execution of shoring and/or bracing, the Contractor shall submit details andcalculations for shoring and/or bracing designs for the CAs review 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 work areas by non-authorized personnel.

1. A Contractors attendant shall be present at all times when bituminous kettles are in

operation to prevent the public from coming in contact with the 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 being removedfrom the roof areas or any upper floor.

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

G. The Contractor shall cover all open trenches during hours when work is not being executed

as required for protection of the public.

PROGRESS SCHEDULE:

A. The Contractor shall submit, not later than ten (10) days after official Notice to Proceed(NTP) has been issued, one reproducible print plus three copies of an initial schedule diagramplus three copies of computer reports and the narrative for duration of all the contractactivities. Then, within thirty (30) days after the NTP, the Contractor shall submit onereproducible print plus three copies of a complete construction progress schedule andnarrative for all the contract activities and three copies of computer printout. The Contractor

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shall submit all the schedules and reports for approval by the CA, and all schedules andreports must conform to the following minimum requirements:

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

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

a. Time scaled in workdays, CPM Network (arrow) diagram with each workactivity showing cost and man-loading on arrow system plus a narrative tofacilitate monitoring and control of work progress and a tool formeasurement of progress payments.

b. Each field work activity shall have a maximum duration of 20 workdays.c. Each activity shall show all the associated costs for the purpose of progress

payment, as required by Section G.4., with no front loading. In addition, thesum total all the activity costs shall equal the total amount of the contractaward.

d. All computer reports shall include I-J, J-I, and Total-Float sorts for allthe activities, without any masking or plugging of any dates (except NTP andcontract milestone). The computer reports shall be submitted in hard-copyplus soft form of read/write CDs giving all the activity data and schedules.

2. Monthly Progress Updates and Reports:a. The Contractor shall submit monthly update by the 25th of each month andthe same shall include a narrative and three copies of I-J, J-I and Total-

Float computer printouts plus read/write CDs of all the activity data andschedules. These reports shall include the actual start, percent complete orfinish dates for each activity, as mutually agreed with the CA plus anyapproved logic changes.

b. In the case of any logic changes that result in any delay to the contractmilestone(s), the Contractor shall submit a revised schedule diagram and thecomputer reports for approval by the CA by the next update reporting date.

B. The Contractor shall complete all work within the time specified under F.1 Time ofCompletion, which is the maximum time permitted for the accomplishment of this project. Ifwithin the period of construction, a time extension or extensions are granted in writing by theContracting Officer, the Contractor shall incorporate the extension in the next monthlyupdate.

H.17 GUARANTEE OF WORK

A. The Contractor guarantees, for a period of one (1) year after date of acceptance forOccupancy as established in the Districts written notification, to repair or replace any work in

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which any defects in material or workmanship appear within said period and to repair orreplace any and all work damaged by reasons thereof, to the satisfaction of the CA andwithout cost to the District of Columbia.

B. In any case where in fulfilling the requirements of the contract or any guarantee, embraced inor required thereby, the Contractor disturbs any work guaranteed under another contract, he

shall restore such disturbed work to a condition comparable to its original condition andguarantee such restored work to the same extent as it was guaranteed under such othercontracts.

C. Upon the Contractors failure to proceed promptly to comply with the terms of any guaranteeunder the contract or still running upon work originally executed by other Contractors, theDistrict of Columbia may (1) either have such work performed as the Contracting Officerdeems necessary to fulfill such guarantee, or (2) allow all such damaged or defective work toremain in such unsatisfactory condition; provided that the Contractor shall promptly pay theDistrict of Columbia the sum estimated by the Contracting Officer under the provision ofparagraph B above to represent the amount which would have been necessary to expend to

fulfill such guarantee. Everything done in the fulfillment of any guarantee shall be withouadditional expense to the Government of the District of Columbia.

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

1. Guarantee buried tanks for five (5) years against deterioration to the point of failureand against structural failure due to improper installation procedures.

2. Guarantee heating and air conditioning equipment, except expendable componentssuch as filters, for two (2) full operating seasons or the equivalent thereof against all

conditions except vandalism or improper maintenance.

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

E. All special guarantees that are stipulated in the specifications or other paper forming a part ofthe contract shall be subject to the terms of this paragraph insofar as they do not conflict withthe provisions containing references to guarantees in the specifications or such other papersIn case of any conflict, the special guarantee shall take precedence.

H.18 PROTECTION:

A. The Contractor shall protect existing public and private property including but not limited tosidewalks, pavements, landscaping, from damage using methods approved by CA such asplanking, covering, temporary cement curbs, and shall be responsible for replacement of itemsthat are damaged by work under this contract. The Contractor shall repair or replace damagesto sidewalks, curbs, streets, public property and public utilities as directed by the CA inaccordance with standards of the agency having jurisdiction over the damaged property. TheCA will not permit grouting of cracks in sidewalks and driveways. The Contractor shallreplace cracked slabs.

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B. Contractor shall be responsible for personal injury to workmen and the public and shallindemnify and hold the District harmless for any such injuries that are incurred during theperformance of this contract.

C. Nothing contained in the drawings and specifications for installation of fences, barricades orsite 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 work performed untilcompletion and final acceptance;

2. The Contractors responsibility to sustain all costs, losses or damages arising out ofthe nature of the work to be done, or due to any unforeseen or usual obstructions ordifficulties which may be encountered in the accomplishment of the work, or resultingfrom the work, or resulting from the action of the elements; and

3. The Contractors responsibility to protect existing public and private property.

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 which theContractors employees are not performing actual site work.

2. Lights:

a. Illumination of the worksite during non-daylight hours is required of theContractor at the Contractors expense.

H.19 UNDERGROUND SERVICES

A.

:

ACTIVE:

active services are encountered that necessitate changes in drawings or specifications, theContractor shall make the required adjustments.

B.

The District has made its best efforts to show all active services on the contractdrawings and specifications. However, the District gives no assurance that there are no otheractive services in areas in which work is to be performed. If during execution of work, other

INACTIVE OR ABANDONED: If, during execution of work, the Contractor encountersinactive or abandoned services not shown or specified, the Contractor shall notify theContracting Officer as set forth in the Standard Contract Provisions.

H.20 EXISTING CONDITIONS

A. The Contractor shall verify by actual measurement existing work required to connect withwork now in place before the Contractor commences actual work at the site. The Contractor

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shall ensure that new work in extension of existing work shall correspond in all respects withthat to which it connects unless otherwise indicated or specified.

B. The Contractor shall cut, alter, remove or temporarily remove and replace existing work asnecessary for the performance of the work to be done. The Contractor shall restore workremaining in place that is damaged or defaced by reason of work done under this contract to a

condition satisfactory to the CA.

H.21 OPERATION AND MAINTENANCE INSTRUCTIONS

1. Manuals shall show all controls (switches and valves) and give instructions onfunctions of each.

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A. Prior to final acceptance of the project, the Contractor shall submit to the CA three (3) copiesof operation manuals or instruction manuals for each piece of equipment, mechanical orelectrical system.

2. Manuals shall give proper operating, reading or tolerances for all gauges and othercontrol indicating devices.

3. Manuals shall show the location of all items requiring periodic maintenance operationsand specify recommended intervals of maintenance and recommended lubricants, anda listing of spare parts.

4. Manuals shall include diagrammatic sketches or actual layouts of mechanical andelectrical system showing location of all control items such 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 into appropriate sets,i.e., air conditioning system, heating system, ventilating system, lighting system, shipequipment, plumbing system, incinerator, sprinkler system, sound system, clock and bellsystem, power operated door system and special equipment.

C. The Contractor shall deliver manuals not less than one (1) week before District personnelassume operation of the system.

H.22 EROSION AND POLLUTION CONTROL:

A. The Contractor shall provide erosion control facilities as approved and as required for

fulfilling the requirements of Health Regulations of the District of Columbia.

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

C. The Contractor shall conduct all operations in such a manner as to prevent when possible andotherwise minimize the contamination of watercourses by sediment bearing materials or otherpollutants.

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D. The Contractor shall maintain effective erosion control for the duration of any suspension ofall or a portion of the construction operation.

H.23 GOVERNMENT INSPECTORS:

A. The work shall be conducted under the general direction of the CA and is subject to

inspection by his appointed Inspectors to ensure strict compliance with the terms of thecontract. Neither the CA nor an Inspector is authorized to change any provision of thecontract documents without written authorization of the Contracting Officer.

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

H.24 DRAWINGS AND SPECIFICATIONS

A. Pursuant to the General Provisions, Standard Contract Provisions, 4383-73 the generalcharacter and scope of the work are illustrated by the specifications and drawings listed in

Section J.1.Any additional detail drawings and other information deemed necessary by theContracting Officer will be furnished to the Contractor when and as required by the work.

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B. In case of differences between small and large-scale drawings, the large-scale drawings shallgovern.

C. Where on any of the drawings, a portion of the work is drawn out and the remainder isindicated in outline, the parts drawn out shall apply also to those portions indicated in theoutline.

D. Where similar work occurs in the drawings, the Contractor shall interpret the same in its

general sense and not as meaning identical. The Contractor shall work out all the details inrelation 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 schedulesshall govern.

F. In cases of differences between the specifications and standards, and in cases of differencesbetween drawings and the specifications, the specifications shall govern.

H.25

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

REFERENCE TO CODES AND REGULATIONS:

B. Where the requirements of these specifications exceed the referred requirements of the codesand regulations, these specifications shall govern.

C. Requirements of codes and regulations shall include revisions, amendments and supplementsthereto in effect on the closing date of the Request for Proposal (RFP).The RFP will beamended to conform it to such code and regulation changes that occur after the closing date.

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H.26 SINGULAR OR PLURAL NUMBERS:

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

H.27 ENGINEERING AND LAYOUT SERVICES

B. The District has made its best efforts to establish such general reference points as will enablethe Contractor to proceed with the work. It is the Contractors responsibility to visit the siteand familiarize themselves with the site conditions before submitting his bid.

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A. The Contractor shall provide competent engineering services to execute the work inaccordance with the contract requirements. The Contractor shall verify the figures shown onthe drawings before undertaking any construction work and shall be responsible for theaccuracy of the finished work.

C. The Contractor shall make no change in locations without the written approval of theContracting Officer.

H.28 BUILDING LINES AND BATTER BOARDS

A. Prior to commencing construction, the Contractor shall obtain a plat of computations from theD.C. Surveyors Office to ascertain official reference points from which the property surveycan be made.

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1. The Contractor shall establish and have platted on site, all building lines, buildingrestriction lines and property lines shown on drawings, utilizing the service of a

registered professional surveyor regularly engaged in such practice.

2. The Contractor shall also establish critical grade and boundaries for construction offacilities where distance measurements are important, utilizing the service of aregistered professional surveyor.

3. Within 10 working days of receiving the plat of computations, the Contractor shallsubmit to the COTR two (2) copies of plat showing such lines and grades with aregistered professional surveyors certification of their correctness.

H.29

B. The Contractor shall obtain certification by the D.C. Surveyors Office of the location of thefoundation walls by submitting his registered professional surveyors certification prior toproceeding with construction.

WALL CHECK:

A. After foundations are in place and walls have been defined, but before additional constructionand work is effected, the Contractor shall cause a wall check to be made by the sameregistered professional surveyor who established the building lines and property lines.

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

A. The Contractor shall coordinate all mechanical and electrical work associated with theseparate sections of the specifications with work of all other trades so as to avoid anyinterference with installation of pipes, ducts and conduits.

1. The sizes and locations of the pipes, ducts, electrical conduits and the method ofrunning them are shown on the drawings, but it is not intended to show every offsetand fittings or every architectural or structural obstacle that will be encountered duringthe installation of the work. The Contractor shall modify alignment of pipes, ductsand conduits from that shown on the contract drawings, where necessary, without anyadditional costs to the District.

2. The Contractor shall furnish such materials and labor, as necessary, to make thepiping, ducts and conduit modifications as required, due to building obstructions andto complete the installation in accordance with best 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 drawings andspecifications. The Contractor is responsible for the reproduction or otherwise obtaining allcontract documents in excess of the numbers stated above, which may be required by him.The Contractor shall use these re-producible as the basis of the as-built drawings requiredunder H.37.

H.32 PHOTOGRAPHS:

Finished Project Photographs: After building has been constructed, site cleaned up and project isready for acceptance by the District, the Contractor shall furnish to the Library one

(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 information printed under thephoto in the boarder:

H.33 MODIFICATIONS,SECTION 4383-115, CHANGES, OF THE STANDARD CONTRACT

PROVISIONS, GENERAL PROVISIONS SECTION:

A. The purpose of this section is to define a standard procedure for determining reasonable costsand times for purpose of making equitable adjustments under Section 4383, CHANGES, ofthe Standard Contract Provisions, General Provisions section.

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

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1. Where the nature of the change is known sufficiently in advance of construction topermit negotiation, the parties shall attempt to agree on a fully justifiable priceadjustment or adjustment of time for completion.

2. If the parties fail to agree upon an equitable adjustment prior to the time the proposedchange affects the contract work, or if the Contracting Officer determines it is not

feasible to reach an agreement regarding an equitable adjustment, either due to lack oftime or other reasons, the Contracting Officer will order the change in accordance withArticle 3 of the General Provisions and the Contractor shall proceed with theexecution of the work so changed.

C. Equitable adjustments shall be determined in the following manner, unless otherwisespecifically stated in the contract.

1. Whenever a change is proposed or directed, the Contractor shall submit a proposal orbreakdown within fifteen (15) days of its receipt of the change, and the proposal willbe acted upon promptly by the Contracting Officer.

2.

a. If agreement on costs cannot be reached prior to execution of changed workpayment will be made for the actual costs provided records of such costs aremade available and that such costs are reasonable and predicated onconstruction procedures normally utilized for the work in question. If not, thenpayment shall be based on standard trade estimating practice.

Price Adjustments

b. Where basis of equitable adjustments is the actual cost incurred in performingchanged work, the Contractor shall furnish the District with a complete

breakdown of costs, covering the subcontractor work, 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 State unemployment taxes at therequest of the District.

d. The percentage for overhead, profit and commission to be allowed shall in nocase exceed the following and shall be considered to include, but not limitedto, insurance, other than mentioned herein, field and office supervisor andassistants above the level of foreman, incidental job burdens and general officeexpense, including field and home office. No percentage for overhead and

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profit 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 of work

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

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

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

e. When a change consists of both added work and deleted work, the applicablepercentage shall be applied to the net cost or credit.

f. Where more than one tier of subcontractors exists, they shall be treated as onesubcontractor for purposes of markups. That is, only one overhead and oneprofit percentage for the subcontractors and one commission percentage for theprime Contractor shall be applied to actual cost of work performed regardless

of the number of tiers of subcontractors.

3. Changes in the period of performance: Where a change affects the time required forthe performance of the contract, the Contractor shall describe in detail cause andeffect relationship and how such change affects the specific contract work activitiescurrent critical path, overall performance or work, concurrency with other delays, andthe final net impact on the contract milestone(s), specifically stating the proposeddecrease or increase in the period of contract performance in calendar days.

4. The changes in the contract period of performance, if any, resulting from change orderwork will be calculated in the following manner:

a. New durations for work activities effected by the change order will beincorporated into the next computer printout. Time extensions will be directlybased on the extent to which the contract completion date is hereby extended.

b. Should new work activities be required to supplement existing activities, theywill be incorporated into the computer printout to verify total effect, if any, onthe contract completion date.

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c. Every attempt will be made to reach an agreement between the Contractor andthe CA on the number of days by which activity duration will be extended.Should an agreement not be reached within fifteen (15) days after Contractorreceives the directive, the CA 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 Section 4383-97 of theGeneral Provisions, TERMINATION, of Standard Contract Provisions.

1. The Contractor, when requesting an extension to the contract period of performancemust submit the same in writing with supporting facts and backup documentation plusa detailed explanation that must include, but be 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 thereofe. 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 completionh. In the case of late delivery of materials and/or equipment, back up date

correspondence and documentation should include but not be limited to thefollowing: establishment that prior to ordering there was a reasonableassurance of timely supply; copies of each purchase order establishing thedates of procurement, invoices, delivery receipts and the like showing shippingor delivery dates; and copy of correspondence showing diligent attempts tofollow ups to obtain materials when critically needed from other sources.

2. All documentation should demonstrate that any delay was unforeseeable and withoutthe fault or negligence of the Contractor, subcontractor or supplier involved. TheContractor will be entitled only to the additional number of days the project is delayedwhich is not concurrent with another delay for which a time extension has been

granted or for which a valid request has been submitted.

3. In case of delays due to strikes, documentation shall include evidence of when andwhat trades struck, with reasons for the strike, prompt submittal of notice when thestrike was ended and the date thereof, analysis of the effect of the strike on thecompletion of the contract work.

4. In case of delays due to unusually severe weather, documentation shall include dailytemperature and precipitation records for each period of delay involved andexplanation of delaying effect, including number of days that the construction

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activities on the current critical path at the time were actually delayed, including anyextended impact, beyond the normal anticipated days of delay due to the weatherconditions.

E. COST AND PRICING DATA

(applicable to a Change Order or Modification) :

1. Unless otherwise provided in the solicitation, the Contractor shall, before negotiatingany price adjustments pursuant to a change order or modification, submit cost orpricing data and certification that, to the best of the Contractors knowledge and beliefthe cost or pricing data 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 any change order orcontract modification, was increased by any significant amount because (1) theContractor or a subcontractor furnished cost or pricing data that were not complete,accurate, and current as certified by the Contractor, (2) a subcontractor or prospectivesubcontractor furnished the Contractor cost or pricing data that were not complete,

accurate, and current as certified by the Contractor, or (3) any of these partiesfurnished data of any description that were not accurate, the price or cost shall bereduced accordingly and the contract shall be modified to reflect the reduction.

3. Cost or pricing data includes all facts as of the time of price agreement that prudentbuyers and sellers would reasonably expect to affect price negotiations significantly.Cost or pricing data are factual, not judgmental, and are therefore verifiable. Whilethey do not indicate the accuracy of the prospective Contractors judgment aboutestimated future costs or projections, cost or pricing data do include the data formingthe basis for that judgment. Cost or pricing data are more than historical accountingdata; they are all the facts that can be reasonably expected to contribute to the

soundness of estimates of future costs and to the validity of determinations of costsalready incurred.

4. The following specific information should be included as cost or pricing data, asapplicable:

(a) Vendor quotations;

(b) Nonrecurring costs;

(c) Information on changes in production methods or purchasing volume;

(d) Data supporting projections of business prospects and objectives and 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 significant bearing costs.

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5. If the Contractor is required to submit cost or pricing data in connection with pricing achange order or modification of this contract, the Contracting Officer or representativethe Contracting Officer shall have the right to examine all books, records, documents aother data of the Contractor (including computations and projections) related tonegotiating, pricing, or performing the change order or modification, in order to evaluathe accuracy, completeness, and currency of the cost or pricing data. The right of

examination shall extend to all documents necessary to permit adequate evaluation of tcost or pricing data submitted, along with the computations and projections used.Contractor shall make available at its office at all reasonable times the materials descriabove for examination, audit, or reproduction until three years after the later of:

(a) final payment under the contract;

(b) final termination settlement; or

(c)the final disposition of any appeals under the disputes clause or of litigationor the settlement of claims arising under or relating to the contract.

H.34 SCAFFOLDING

A. The Contractor shall erect adequate scaffolds as required to perform the work in accordancewith the Safety Code of the DC Minimum Wage and Industrial Safety Board and so that thework may be inspected by CA.

:

B. The Contractor shall not erect scaffolds until required to be ready for use.

C. The CA will inspect the work upon the Contractors advising of completion of contractrequirements, and the Contractor shall promptly remove the scaffolding upon acceptance ofthe work.

D. Wherever possible, the Contractor shall use swinging scaffolds for exterior work under thiscontract.

E. Where swinging scaffolds are not practicable, the Contractor will be permitted to use othertypes of scaffolds provided:

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

2. The list shall be submitted not later than ten (10) calendar days after the contract isawarded.

H.35 EXISTING EQUIPMENT REMAINING IN USE

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

: (Where applicable)

B. The Contractor shall coordinate with the CA the time for removal of equipment in order topermit the District to salvage components for use on equipment remaining in use.

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H.36 TESTING AND CARE OF DRAINAGE FACILITIES

A. Prior to commencement of work under the contract, the Contractor shall conduct tests toascertain the condition of existing drainage lines in accordance with the followingrequirements:

:

1. On projects where work is to be executed in the area of roof drains and areawaysdrains, the Contractor shall conduct a hose test on each drain line using a inch insidediameter garden hose without a nozzle and full pressure from an existing hose cock.

2. On projects where work is to be executed in the area of storm drainage structures suchas yard drains, curb drains and catch basins, the Contractor shall conduct a hose testusing a fire hose under pressure from a fire hydrant.

3. On projects where new work is to be connected to existing drainage lines, theContractor shall conduct a test on each line affected to ascertain that the lines are clearand will handle their full capacity. Test shall be conducted with any apparatus tha

will establish the rate of flow.

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

B. All testing shall be performed in the presence of the Project Inspector and CA. TheContractor shall notify the CA two (2) working days in advance of the testing.

C. The Contractor shall promptly notify the COTR in writing of any existing drain lines found tobe deficient. The Contracting Officer will initiate remedial action by D.C. Government

personnel or issue a change order in accordance with, CHANGES, of the Standard ContractProvisions, General Provisions section.

D. Subsequent to proof of line clearance, the Contractor will be held responsible for maintainingall lines in clear and clean condition and shall remedy any deficiencies that may occur at nocost to the District until the final acceptance date of the contract. Just prior to finaacceptance in order to demonstrate clearance, the Contractor shall repeat the tests as specifiedin subparagraph A (1), (2) and (3).

H.37

1. As-built drawings shall be provided as described in the project specifications that willbe prepared by the architect.

AS-BUILT DRAWINGS:

H.38 INSPECTORS OFFICE:

Not Required

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

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H.39.1 The Contractor shall comply with the First Source Employment Agreement Act of1984, as amended, D.C. Official Code, sec. 2-219.01 et seq. (First Source Act).

H.39.2 The Contractor shall enter into and maintain, during the term of the contract, a FirstSource Employment Agreement, Attachment J.5, in which the Contractor shall agreethat:

1. The first source for finding employees to fill all jobs created in order toperform this contract shall be the Department of Employment Services(DOES); and

2. The first source for finding employees to fill any vacancy occurring in all jobscovered by the First Source Employment Agreement shall be the First SourceRegister.

H.39.3 The Contractor shall submit to DOES, no later than the 10th each month followingexecution of the contract, a First Source Agreement Contract Compliance Report

(contract compliance report) verifying its compliance with the First SourceAgreement for the preceding month. The contract compliance report for the contractshall 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 period and thecumulative total number of District residents hired; and

6. Total number of all employees hired for the reporting period and thecumulative 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.

H.39.4 If the contract amount is equal to or greater than $100,000.00, the Contractor agreesthat 51% of the new employees hired for the contract shall be District residents.

H.39.5 With the submission of the Contractors final request for payment from the Districtthe Contractor shall:

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1. Document in a report to the Contracting Officer its compliance with the sectionH.39.4 of this clause; or

2. Submit a request to the Contracting Officer for a waiver of compliance withsection H.39.4 and include the following documentation:

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 pursuant to sectionH.39.6.

H.39.6 The Contracting Officer may waive the provisions of section H.39.4 if the Contracting

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 is performed inside theWashington Standard Metropolitan Area which includes the District ofColumbia; the Virginia Cities of Alexandria, Falls Church, Manassas, ManassasPark, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, ArlingtonPrince William, Loudoun, Stafford, Clarke, Warren, Fauquier, CulpepperSpotsyl

DCPL-2012-R-0003 RFP

Documents

Transcript of DCPL-2012-R-0003 RFP