DCPL-2011-R-0007 Northeast Mentor Protege DB

8/4/2019 DCPL-2011-R-0007 Northeast Mentor Protege DB

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DESIGN-BUILD SERVICES - - NORTHEAST NEIGHBORHOOD LIBRARYSOLICITATION NO. DCPL-2011-R-0007

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PART I

B.1 This is an open market solicitation with a CBE Set Aside requirement. Additionally, this Request ForProposal is designed for the District of Columbia Public Library Mentor-Protg Program. In order tobe eligible to submit a proposal in response to this solicitation a DCPL Mentor Protg Agreement(See Attachment J.11) must be executed and made part of the proposal.

B.2 The District of Columbia Public Library is seeking one or more contractors to provide Design-Buildservices through a two-phase contract, Pre-Construction and Guaranteed Maximum Price (GMP),plus incentives, to complete the Interior Renovations to the Northeast Neighborhood Library locatedat 330 7th Street NE in the District of Columbia, in accordance with the terms and conditions herein.

SECTION B - SUPPLIES OR SERVICE AND PRICE/COST

B.3 OPEN MARKET CLAUSES WITH 35% SBE SUBCONTRACTING SET ASIDE

(CONSTRUCTION)

Preferences for Local Businesses, Disadvantaged Businesses, Resident-ownedBusinesses, Small Businesses, Longtime Resident Businesses, or Local Businesses with PrincipalOffices Located in an Enterprise Zone

Under the provisions of the Small, Local, and Disadvantaged Business Enterprise Developmentand Assistance Act of 2005 (the Act), Title II, Subtitle N, of the Fiscal Year 2006 Budget SupportAct of 2005, D.C. Law 16-33, effective October 20, 2005, the District shall apply preferences inevaluating proposals from businesses that are small, local, disadvantaged, resident-owned, longtimeresident, or local with a principal office located in an enterprise zone of the District of Columbia.

B.4 The District contemplates award of a two (2) phased contract:Phase 1 Pre-Construction Services (Lump Sum Firm Fixed Price)Phase 2 Construction Services (Guaranteed Maximum Price plus incentives)

B.5 PRICE

The Offeror shall submit its price proposal for Phase 1 only under a cover letter on its letterhead inthe format illustrated in Attachment J.13.


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PART I

C.1 BACKGROUND

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1.1 The District of Columbia Public Librarys Capital Projects Office (the Library) is issuing thisRequest for Proposals (RFP) to engage a Design/Builder (Contractor) to complete InteriorRenovations to Northeast Neighborhood Library located at 330 7th Street NE, Washington,DC. The Library will use the recent Petworth Neighborhood Library renovation as the Basisof Design. The scope of work is more fully described below, but generally includes allaspects of design, swing space and the completion of construction of the approved design bySeptember 2, 2013 (the Project).

C.1.2 The Northeast Neighborhood Library is the fourth oldest library building in the city still in

operation, and was the first public library branch to be built in the District entirely with publicfunds. Built in 1932, the branch at 330 7th Street NE opened on March 11 of that year.Congress set aside $35,500 to purchase a site and an additional $150,000 to coverconstruction costs for the new public library branch. Designs for the two-story GeorgianRevival style brick library building were prepared by Albert L. Harris, the city's MunicipalArchitect. Harris was also responsible for designing some of the original wood furnishingsfitted for the interior of the library.

The building was constructed by the Boyle-Robertson Company. The exterior features stonequoining at the corners, semicircular arched windows on the first story, and a slightlyprojecting central pavilion capped by a pediment. The interior woodwork and furnishingswere rendered in walnut, and careful attention was paid to reproducing colonial designs.

The building was originally entered through a revolving door that has since been removedThe lobby is separated from the browsing room by an arched opening. The browsing roomwas furnished with long tables and individual desks, and an open fireplace ornaments the farend of the room. The offices were placed behind the reference room. The mezzaninecontained overflow shelving, and still contains a dining room, kitchen and restroom for thestaff. The Children's Room is on the second floor above the browsing room, and a meetingroom occupies the second floor above the reference room.

C.2 Project Delivery Method

The Library intends to implement the Project through a modified design-build approach. TheContractors scope of work will be divided into two phases: (i) the Preconstruction Phase; and (ii) theConstruction Phase. The Library will utilize the Petworth Neighborhood Library Design (AttachmentJ.1.1) as the Minimum Design Requirements. During the Preconstruction Phase, the selectedContractor will work with his Architect to develop the interior renovations plans for the project. Theselected Contractor shall cause his architect to advance the design beyond the Design DevelopmentPhase and to the point where the Construction Documents are approximately 50%complete. TheGMP will be based on these documents, which are referred to as the GMP Basis Documents, andthe Contractor will be required to obtain quotes from trade subcontractors based on such documents.


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The process by which the GMP will be formed is more fully described in this Section and morespecifically in Section C.3.11.

The GMP proposal must be submitted by the Contractor within 180 days of issuance of a Notice toProceed (NTP) associated with this solicitation. Following the on-time submission of the GMP bythe Contractor, the Library anticipates that the GMP contract will be finalized and approved by the

District of Columbia City Council in late July of 2012

C.3 SCOPE:

. This timing will leave approximately 15months for the interior renovations to be completed (the Construction Phase). The Library willauthorize selective release of long-lead items during the Preconstruction Phase as necessary tomaintain the schedule. The swing plan for this Project shall be the responsibility of the Contractor.Swing space is more fully described in item C.3.7 of the following section.

C.3.1 Scope of Work

The Contractors scope of work will generally be divided into two (2) phases, as described below. In

general, however, the Contractor will be required to fully complete and construct (including move-in/move-out of swing space) the Project for an amount that does not exceed the agreed-upon GMPand completed no later than September 2, 2013. Without limiting the generality of the foregoing, theContractor shall be required to provide all of the management, personnel, agency approvals, labor,materials and equipment necessary to complete the Project. The Library shall pay the Contractor a10% incentive bonus (10% of Contractors Fee) for early completion prior to the September 2, 2013

During the Design Phase, the Contractor will be required to work cooperatively with the Library todevelop a design for the new Northeast Library. The Library contemplates that after the re-designand renovation of the existing structure, the Northeast Library will have the same functionalcapabilities as the new Petworth Library and that it will include finishes, furnishings and fixturesappropriate for a first class, state-of-the-art library. The new Petworth Library opened in February of2011. Issued Permit drawings of the Petworth Library can be downloaded as part of this solicitationand are the

.For this purpose, Contractors Fee is defined as the sum of the following: Profit, Home OfficeOverhead costs and Home Office Staff costs.

C.3.2 Preconstruction Phase

The Preconstruction Phase will run from issuance of a Notice to Proceed (NTP) through the officialapproval of the GMP by the Library (approval of the GMP by the DC City Council must be obtainedprior to official approval by the Library).During this phase, the Contractor will be required to: (i)obtain bids from trade subcontractors to perform the work described in the GMP Pricing Set and meetthe design intent; (ii) provide bid tabulations to the Library; (iii) engage in any value engineering andscoping exercises necessary to return the cost of the work to the Project Budget; (iv) engage inpreconstruction activities, including identifying any long-lead items; and (v) develop a GMP proposalfor the Project; and (vi) enter into a GMP Agreement for the Project.

Note that the Library will award a Pre-construction Contract (Phase 1 Contract) from this solicitationwith the Notice of Award.

C.3.3 Design Phase

Minimum Design Requirements. The original 1931Construction Drawings for the


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Northeast Library are available for viewing at 901 G Street NW, Suite 444. The original drawings areprovided as a reference and Offerors will not be permitted to remove them from the premises.Offerors must schedule an appointment to view the existing Northeast drawings by contacting ChrisWright, Project Manager at 202.727.4913. Further, the completed Northeast Exterior Improvementproject drawings are attached for reference Attachment J.1.2.

C.3.3.1Schematic Design. The Contractor shall cause its Architect/Engineer (the A/E) toconduct a thorough review of the Minimum Design Requirements for this project. The termMinimum Design Requirements refers to: (i) the General Building Program for the NortheastLibrary, which is attached as Attachment J.1.1; and (ii) the Petworth Library Issued for PermitDrawings. The Minimum Design Requirements shall provide the basis for the design of therenovated Northeast Library. After this review is complete, the Contractor and its A/E shallmeet with the Library and its representatives to discuss the essential elements of the designand the best way for moving forward. Based on the results of the review and the followingmeeting with DCPL, the Contractor shall then cause the A/E to prepare a full set of SchematicDesign documents for the new Northeast Library that are consistent with the MinimumDesign Requirements and that are acceptable to the Library. The Schematic Design

documents shall contain at least the level of detail typically contemplated in the standard AIAform contract.

The Library acknowledges that the General Building Program may need to shrink to fit intothe existing structure of the Northeast Library. This determination will be made during theSchematic Design phase. However, it is the intention of the Library to maximize the use ofsquare footage available in the facility. The approximate gross square footage is 14,910 SF.The Library does not anticipate the need to expand the footprint of the existing NortheastLibrary.

As part of the Schematic Design submission the Contractor shall submit to the Library a

building program analysis that shows where potential Building Program space needs to bereduced in order to fit within the space available. If necessary, this analysis will assist theLibrary in determining which portions of the Building Program may be reduced to fit withinthe available spaces.

C.3.3.2Design Development. Based on the approved Schematic Design documents, theContractor shall cause its A/E to prepare a set of Design Development documents. TheContractor and its A/E shall meet as often as necessary with the Library and itsrepresentatives to ensure that the design is evolving in a mutually acceptable manner, and theA/E and Contractor shall plan to meet with local Advisory Neighborhood Commissions(ANCs) or other local citizens groups a minimum of eight (8) times. It should be anticipated

that these meetings may take place in the evenings. The Contractor shall cause its A/E toprepare a 50% progress printing of which two full-size copies and one electronic copy shall beprovided to the Library. The Library and its representatives will review this document todetermine whether the design is evolving in a manner that is consistent with the MinimumDesign Requirements. The Contractor shall also review this document to determine whetherit is consistent with the Projects budget. The specific services required during this phase are:

a. Select and draft outline specifications for materials, systems, equipment.b. Develop detailed and dimensioned plans, wall sections, building section, and

schedules.


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c. Complete code compliance analysis and drawing.d. Meet with review agencies as necessary to obtain their approval.e. Develop a swing plan that describes how existing library services can be

offered at or near this location during the Construction Phase. Anyinterruption of library services for this location for move-out prior toconstruction and move-in at the end of construction must not be longer than 21

calendar days.

C.3.3.3Deliverables.

During the Pre-Construction Phase the Contractor shall, in coordination with the Library, develop aSwing Plan to allow library services to continue during the renovation of the Northeast Library. Ifinterruptions in service are necessary at the beginning and end of the Construction Phase to facilitatemoving, setting-up, training, etc., each interruption of service must not be longer than three (3)

The following deliverables are required during this phase.

a. 50% Design Development progress printing.b. A reconciliation report that addresses issues raised by the Contractor as a result

of the 50% progress printing.c. Updated Project Budget and Schedule.d. An approved swing plan.e. Prior to the 50% progress printing the Contractor shall prepare a Library

Collection Test Fit, to assure the required library collections are coordinated

with the floor plans and can fit within the plans as designed.

C.3.4 GMP Basis Document Scope Review

Within 45 days after the Notice to Proceed is issued, the Contractor shall meet with the Library anddevelop a detailed description of the information that will be required in the GMP PricingDocuments. Among other things, this description shall include the level of detail that will be requiredin the MEP drawings.

C.3.5 Design Development Review

The Contractor shall conduct a detailed, line-item cost estimate of the Design Developmentdocuments. Should the estimate indicate that the scope exceeds the Librarys budget for this Project,the Contractor shall work with the Library and the Architect to develop a set of recommendations thatwill return the Project to budget. The Library must agree to these recommendations before they areincorporated into the project.

C.3.6 Construction Document Design Reviews

The Contractor shall conduct at least one over the shoulder review session for each major tradepackage with the Architect. These review sessions shall be based on the Design Developmentestimate, and include any scope revisions that were agreed upon at the end of the Design

Development phase. These over the shoulder review sessions shall be scheduled at appropriatetimes for such review, however, these reviews must occur prior to presentation of the GMP offer tothe Library.

C.3.7 Swing Space-Swing Plan


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weeks. Execution of the agreed-upon Swing Plan shall be the responsibility of the Contractor and beincluded in the GMP Proposal.

C.3.8 Trade Bidding Process

The Contractor shall provide to the Library a written submission on the proposed bidding procedures

no later than 90 days after NTP associated with this solicitation. Such procedures shall include: (i) alist of proposed trades packages; (ii) a list of trade subcontractors that will be invited to bid on eachpackage; and (iii) a narrative description of the process. In addition to the information normallyrequired in such bids, the Library shall also require subcontractors to provide an estimate of thepercentage of labor hours performed in completing the subcontracted work that will be performed byDistrict of Columbia residents.

C.3.9 Bidding

The Contractor shall obtain bids from trade subcontractors for the key elements of the work. At leastthree (3) proposals shall be solicited for each key element of the work. To the extent that elements of

the design are not sufficiently advanced at the time the GMP is to be formed for effective biddingwith the trade subcontract markets, those elements of the design will be bid at a later date and anestimate will be substituted that portion for the purpose of the GMP. The Contractor shall provide tothe Library a bid tabulation of the trade bids obtained, which includes the estimate of the percentageof labor hours performed in completing the subcontracted work that will be performed by District ofColumbia residents.

C.3.10 Value Engineering & Scope Assessment

Once trade bids have been obtained the Design-Builder shall prepare a written report of suggestedvalue engineering strategies to reconcile the costs of constructing the Project with the Librarys

budget for the Project, if necessary. The Contractor shall meet with the Library and Architect toobtain agreement on any value engineering and associated changes in scope.

C.3.11 GMP Formation

The Contractor shall prepare and submit to the Library a GMP Proposal that includes agreed-uponvalue engineering, scope modifications and approved changes in the Project Budget no later than 180days after NTP associated with this solicitation. The GMP Proposal shall represent the Contractorsoffer to fully complete the Project according to the approved design and specifications. The GMPproposal shall include: (i) a line item construction budget; (ii) a detailed Critical Path Method (CPM)schedule; (iii) a listing of the drawings upon which the GMP is based; (iv) approved swing plan (v)

an LSDBE utilization plan; and (vi) a workforce utilization plan. The GMP Proposal will include anagreed-upon protocol with the A/E for the manner in which Construction Administration services willbe provided and maintained as necessary from project kick-off through completion of the Punch List.In the event that the Library and the Contractor are unable to agree upon a GMP or schedule for theProject, the Library shall have the right to terminate the contract and assume any trade subcontractsheld by the Contractor. In such an event, the Contractor shall only be entitled to 50% of thePreconstruction Fee.

C.3.12 Preconstruction Miscellaneous Items


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In addition to those items enumerated above, the Contractor shall provide such preconstructionservices as are necessary to properly advance the Project. These services include, but are notnecessarily limited to, scheduling, estimating, shop-drawings, and the ordering of long-lead materials

C.3.13 Building Permit

The contractor is responsible for obtaining the General Building Permit from the Department ofConsumer and Regulatory Affairs (DCRA). This task includes, but is not necessarily limited to,preparing all required submissions, paying all fees, and providing any additional services required toobtain the General Building Permit on schedule. The Contractor must include this permittingapproval process in its preliminary schedule. While the Contractor is responsible for obtaining theGeneral Building Permit, the Library will assist in meetings, presentations and review-sessions withthe District of Columbia Historic Preservation Review Board (HPRB) / Historic Preservation Office(HPO) and the U.S. Commission of Fine Arts (CFA), as required by law and to obtain the GeneralBuilding Permit.

C.3.14 Deliverables

The following deliverables are required during the Preconstruction Phase.In the event that the Contractor fails to provide any deliverable listed below within the requiredtimeframe, the Design-Builder shall forfeit its pre-construction fee.

a. Preliminary Scheduleb. List of Long Lead Items and Recommendations for early purchasec. Over-the-shoulder design reviewsd. List of subcontractors from which the Contractor intends to solicit bids.e. Trade bid tabulations.f. Report outlining value engineering strategies.g. Swing Planh. Building Permit submission or approved Building Permit schedulei. GMP Proposal submitted to the Library within 180 days of NTP associated with this

solicitation.

C.4 Construction Phase

During the Construction Phase the Contractor shall be required to complete the work in a manner consistentwith the design documents approved by the Library. The Contractor shall provide all labor, supervision,materials and equipment necessary to fully construct the Project in accordance with the agreed-upondrawings, specifications, schedule and budget. The space must be ready for occupation and public use no

later than September 2, 2013. All punch list items must be completed no later than September 23, 2013.

C.4.1 Management Services.

In order to properly manage the Project, the Contractor shall be required to undertake the followingtasks:

Participate and assist in Project/Planning meetings. Provide and maintain a fully equipped office on-site to perform all required Design-Builder

duties.


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Maintain full-time, on-site construction supervision and provide daily inspections, quality control,monitoring, coordination of various trades, record drawings, and daily work log.

Conduct weekly progress meetings following a Design-Builder generated agenda with theLibrarys Project Manager, Architect and all trades.

Provide and post general safety signage and posting for the project and see that eachsubcontractor prepares and submits adequate safety program and monitoring throughout the

project. Provide a written monthly report that includes (i) an updated schedule analysis, (ii) an updated

cost report, and (iii) a monthly review of cash flow. Manage and minimize the change order process with the trade subcontractors to verify validity,

purpose, and cost. Prepare payment requests for completed work, including all required backup documentation, and

verify accuracy and forward to the Library for approval and payment. These procedures aredescribed in greater detail in Section G.

Assemble close-out documents required; this includes assuring all punch list work is completeprior to opening of space.

Provide assistance to the Library through any applicable warranty periods.C.4.2 Mobilization

The Contractor will be required to undertake the tasks described below.

C.4.2.1 Take control of the space on the agreed-upon date established during the Pre-Construction period and install the necessary protection and other devices to properly securethe area.

C.4.2.2The Contractor shall be responsible for all interior demolition necessary for therehabilitation and improvements of the existing Northeast Library. The Contractor shall also

be responsible for abatement of hazardous materials, in accordance with EPA and all otherjurisdictional agency regulations, as necessary to complete the project.

C.4.2.3 The Contractor shall be responsible for salvaging and storing all items as identified inthe GMP Documents for reuse. This includes work associated with the approved swing plan.

C.4.2.4 The Contractor shall be responsible for obtaining and paying for all permits and feesassociated with the project.

C.4.2.5 The Contractor shall be responsible for supplying all materials, labor and supervisionto construct the agreed-upon design for the Northeast Library.

C.4.2.6 The Contractor shall be responsible for protecting all plants, hardscape and fixtures onthe grounds of the Northeast Library during the project. The Contractor shall be responsiblefor in-kind replacement of any such items damaged or destroyed while the site is under theContractors control.

C4.2.7 Prior to Substantial Completion the Contractor shall replace all plants in the landscapethat have died since the landscape improvements completed at the Northeast Library in 2011,essentially returning the landscape to comply with the planting plans used for that project.


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The Library shall provide the Landscape Drawings and Specifications for that landscapeimprovement project within 15 days of issuance of a Notice to Proceed.

C.4.2.8 The Contractor shall be responsible for the cost of performance and payment bondsand general liability insurance.

C.4.2.9 The Contractor shall be responsible for removing the balance of construction debrisoff site.

C.4.3 Trade Work; Subcontracts

It is expected that the majority of the work will be performed by trade subcontractors underwrittensubcontracts to the Contractor. Upon agreement and approval by the Library, the Contractor reservesthe right to self-perform some portions of the project.

C.5 Site Safety and Clean-up

C.5.1The Contractor shall provide a safe and efficient site. Controlled access shall be maintained bythe Contractor at all times.

C.5.2The Contractor shall clean the site on a daily basis and make every effort to minimize theintroduction of dust or debris from the work in the surrounding area.

C.5.3The Contractor shall be responsible for site security and shall be required to provide securitypersonnel as necessary to protect the site from unauthorized intrusion. Note that the Contractor shallbe responsible for providing a secure location for storing electronics and other valuable equipmentsuch as computers that are displaced by the work.

C.5.4The Contractor shall be responsible for the cost of temporary power used during theconstruction of the Project, including, but not limited to, the cost of installing such temporary wiringas may be required to bring power to the site. The Contractor shall also be responsible for the cost ofconstruction of any temporary access the space, if necessary.

C.5.5 The Contractor shall make every effort to prevent noisy work from commencing before8:00AM. This stipulation applies to any work that can be heard outside the building. The project issited within a densely residential area.

C.6 Project Close Out

The Contractor shall prepare and submit at close-out a complete set of product manuals, warranties, etc. TheContractor shall also provide the Library with a complete set of its Project files, including, but not limited to,shop drawings, as-built drawings, etc. at close out so as to assist the Library in operating the building. Inaddition, the Contractor shall provide a one-page contract summary that identifies key components andcontact information associated with each.

C.7 Swing Space, Move-out and Move-In Operations


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The renovation work and move-in must be substantially complete enough for full pubic and staff use of thespace no later than September 2, 2013. All punch-list and other non-disruptive work must be complete bySeptember 23, 2013.

C.7.1 The Contractor will be responsible and required to coordinate all work associated with movingfurniture and equipment from within the Northeast Library to approved swing space and/or storage

locations, as designated by the Library. The Contractor shall also be responsible for move-inactivities necessary to occupy the Northeast Library once the project is complete. The move-outphase prior to construction and the move-in phase subsequent to construction must each not interruptthe ability to provide library services for longer than 21 calendar days. The costs associated withthese move-out and move-in activities must be included in the GMP. A detailed library move-in/move-out scope of work and specifications will be provided to the Contractor within 15 days ofNTP on Pre-construction services.

C.7.2 The GMP shall also include an allowance of$25,000 in addition to the move-in and move-outcosts for incidental work as directed by the Library to assist in the Northeast Library move-in,multiple cleanings and grand opening activities. It is expected that the Contractor will provide an on-

site crew of laborers to assist in moving furniture and other small jobs as requested by the Libraryduring the move-in portion of the Project.

C.8 Key Personnel

In its proposal, each Offeror will be required to identify its Key Personnel. Key Personnel shall include, at aminimum, the following individuals: (i) the Project Executive; (ii) the Field Superintendent; and (iii) ProjectManager. The Contactor will not be permitted to reassign any of the key personnel unless the Libraryapproves the proposed reassignment and the proposed replacement. Provide a table that identifies the specificstaff that will be assigned to this Project, the time periods during which the individual will work on theProject, his or her level of effort (i.e. the percentage of time devoted to this project), if the individual is a

District of Columbia resident and whether the individual will be funded through the Contractors Fee orgeneral conditions.

C.9 Licensing, Accreditation and Registration

The Contractor and all of its subcontractors and sub consultants (regardless of tier) shall comply with allapplicable District of Columbia and Federal licensing, accreditation, and registration requirements andstandards necessary for the performance of the contract. Without limiting the generality of the foregoing, alldrawings shall be signed and sealed by a professional architect or engineer licensed in the District ofColumbia.

C.10 Conformance with Laws

It shall be the responsibility of the Contractor to perform under the contract in conformance with theLibrarys Procurement Regulations and all statutes, laws, codes, ordinances, regulations, rules, requirements,orders, and policies of governmental bodies.

C.11 Davis-Bacon Act

The Davis-Bacon Act is applicable to this Project. As such, the Contractor and its trade subcontractors shallcomply with the wage and reporting requirements imposed by that Act.


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C.12 Apprenticeship Act

The Apprenticeship Act shall apply to this contract and the Contractor and all of its trade subcontractors shallbe required to comply with that act.

C.13 Time is of the Essence

Time is of the essence with respect to the contract. The Project must be open to the public no later thanSeptember 2, 2013. As such, the Contractor must dedicate such personnel and other resources as arenecessary to ensure that the Project is completed on-time and to the Librarys satisfaction in a diligent,skilled and in a professional manner. If early completion and opening is achieved the Contractor shall earn abonus of 10% the Contractors Fee. Early completion shall be defined as delivery of a space that is fullyuseable and any ready to occupy by staff and the public, to the Librarys satisfaction, on or before September1, 2013.


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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 Technical Representative (COTR) may, at his/her option, acceptpart of the work under this contract in writing prior to the COTRs final acceptance of all thework under the contract, when the COTR considers it beneficial to the District of Columbia.

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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 COTR 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:

The Contractor shall commence work within 5calendar days of the date specified in the writtenNotice to Proceed (NTP) signed and issued by the Contracting Officer and shall start and complete allthe work in strict accordance with the phasing schedule as provided in the General Scope Section ofthe Specifications. The Contractor shall complete all the work by September 2, 2013.

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 as referenced in Section C.3.11GMP Formation and Section H.16 of this document, only for the percentage of work orservices actually performed or completed during the subject period and accepted by theDistrict, 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 invoicefrom the Contractor.

G.2 INVOICE SUBMITTAL

A. The Contractor shall submit a draft Schedule of Values to the COTR 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 allsubsequent 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 COTR five (5) business daysbefore 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 the followinginformation on the first page:

i. The bill-to address: DC Public Library Chief Financial Officer901 G 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 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: Chris Wright


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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 assignmentshall 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 ofthe 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 contractualrelationships. The CO is the only individual authorized to enter, administer or terminate this contracand is the only person authorized to approve changes to any of the contract requirements.

The Contracting Officer is identified as follows:

Wayne R. MinorDC Public LibraryOffice of Chief Procurement Officer901 G Street, NWWashington, DC 20001Telephone: (202) 727-4800

[email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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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 any

of the requirements of this contract.

The Contractor shall not comply with any order, directive or request that changes or modifies therequirements of this contract,

:

unless issued in writing and signed by the Contracting Officer.

G.8 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR):

The Contracting Officer may designate Government personnel to act as the Contracting OfficersTechnical Representative (COTR) to perform functions under the contract such as review orinspection and acceptance of supplies, services, including construction, and other functions of atechnical nature. The Contracting Officer will provide a written notice of such designation to the

Contractor within five working days after contract award. The designation letter will set forth theauthorities and limitations of the COTR under the contract.

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

The Contracting Officers Technical Representative is identified as follows:

Chris WrightProject ManagerCapital Construction

901 G Street, N.W.Washington, D.C. 20001Office Number: (202) 727-4913Facsimile Number: (202) 727-4792

B. It is fully understood and agreed by the Contractor that the COTR shall not have any authorityto make 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 any

additional 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 $1,000 for eachcalendar day of delay until the work is completed or accepted beyond September 2, 2013 incompletion (completion is defined as delivering a building that can be legally, and to theLibrarys satisfaction, used and occupied by the public and Library staff)

B. If the DCPL terminates the Contractors right to proceed, liquidated damages will continue toaccrue until the work is completed. These liquidated damages are in addition to excess costsof re-procurement under the Termination clause.

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 Permits,Permit Processing Division, Department of Consumer and Regulatory Affairs and the District

of Columbia Water and Sewer Authority.

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

B. It is the responsibility of the Contractor to ascertain and obtain the required permits, licensesand 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. Electrical3. Refrigeration 3. Refrigeration4. Elevator 4. Boiler5. Boiler and Pressure Tank 5. Pressure Tank6. Public Space - To work in, excavate 6. Elevatorin or occupy


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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 until the Contractor

produces 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 theelectric company;

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


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B. TEMPORARY WATER (IF NECCESARY)

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

: For construction purposes, temporaryconnection to the existing water mains is permitted, at the Contractors expense, contingentupon the Contractor performing the following:

1. That no connections to water mains be made without first acquiring approval from the

District of Columbia Water and Sewer Authority (WASA).

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 watersewer, 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 selection

of 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 COTR will judge the submissions on the basis of durability, strength, appearanceserviceability of parts, output, coordination with related work and the ability to fulfillthe requirements of the specified item.


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H.7 DEBRIS AND CLEANING:

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.

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 Governmentof the District of Columbia as provided in the specifications) and leave the premises in a neatand clean condition satisfactory to the COTR 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 similarstandard, shall comply with the requirements in the latest revision hereof.

B. The District will not furnish any copies of the applicable Federal Specifications, Commercia

Standards 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.


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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 has

taken 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 ContractProvisions 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, subcontractorand 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 notbe construed to relieve the Contractor of any responsibility for the fulfillment of the contract.Request(s) or permission to subcontract 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 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.


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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 requesapproval of subcontractor on this project. The form should be completed for each

subcontractor requested for approval and submitted to the Contracting Officer. Copiesof these forms are available upon request from the COTR.

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 COTR.

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 proper

execution 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.


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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 this

contract, including their use by the Government of the District of Columbia.

H.15 SAFETY PRECAUTIONS:

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 COTRs review andconcurrence.

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 inoperation 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 executedas required for protection of the public.


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H.16

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 contract

activities. 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 Contractorshall submit all the schedules and reports for approval by the COTR, 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 COTR, procurementsby Contractor, and delivery of material and equipment to the job site.

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

PROGRESS SCHEDULE:

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 contract

award.

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 25 th of each month and

the 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 COTR 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 COTR by the next update reportingdate.


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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 inwhich 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 COTR 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, heshall restore such disturbed work to a condition comparable to its original condition and

guarantee 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 tofulfill such guarantee. Everything done in the fulfillment of any guarantee shall be withou

additional 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 allconditions 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 papers.In case of any conflict, the special guarantee shall take precedence.


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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 COTR 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 damages

to sidewalks, curbs, streets, public property and public utilities as directed by the COTR inaccordance with standards of the agency having jurisdiction over the damaged property. TheCOTR will not permit grouting of cracks in sidewalks and driveways. The Contractor shallreplace cracked slabs.

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:

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


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

B. 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 Article 4 of 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 Contractorshall ensure that new work in extension of existing work shall correspond in all respects withthat to which it connects unless otherwise indicated or specified.

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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 COTR.

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 COTR three (3)copies of operation manuals or instruction manuals for each piece of equipment, mechanicalor electrical 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.


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H.22 EROSION AND POLLUTION CONTROL:

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

Contracting 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.

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 COTR and is subject toinspection by his appointed Inspectors to ensure strict compliance with the terms of thecontract. Neither the COTR 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 general

character and scope of the work are illustrated by the specifications and drawings listed inSection 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 itsgeneral 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.


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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 codes

and 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.

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.

:

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 aregistered 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.


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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.

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 himThe 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 underthe photo in the boarder:


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H.33

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.

MODIFICATIONS,SECTION 4383-115, CHANGES, OF THE STANDARD CONTRACTPROVISIONS, 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, of

the Standard Contract Provisions, General Provisions section.

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

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 notfeasible to reach an agreement regarding an equitable adjustment, either due to lack of

time 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 work,payment 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 completebreakdown 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).


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c. The Contractor shall furnish substantiation of fringe benefits, workmencompensation, 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 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 of workPerformed 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 s