DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO.

DCPL -2012-R-0006

SECTION B - SUPPLIES OR SERVICE AND PRICE/COST
B.1 B.2 This is an open market solicitation with a 50% CBE Set Aside requirement. The District of Columbia Public Library Office of Procurement is seeking one contractor, to provide Design / Build Construction Services (DBC) to complete the construction of an interim West End Library in the District of Columbia, in accordance with the terms and conditions herein. Preferences for Local Businesses, Disadvantaged Businesses, Resident-owned Businesses, Small Businesses, Longtime Resident Businesses, or Local Businesses with Principal Offices Located in an Enterprise Zone Under the provisions of the “Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005” (the Act), Title II, Subtitle N, of the “Fiscal Year 2006 Budget Support Act of 2005”, D.C. Law 16-33, effective October 20, 2005, the District shall apply preferences in evaluating proposals from businesses that are small, local, disadvantaged, resident-owned, longtime resident, or local with a principal office located in an enterprise zone of the District of Columbia. B.4 B.5 DCPL contemplates award of a Cost Plus Fixed Fee Contract. PRICE The Offeror shall submit its price proposal under a cover letter on its letterhead in the format illustrated and to the detail in Attachment J.2.1. Contractors will be evaluated on Phase 1 pricing. In general the price shall be broken down into two Phases and five segments: Phase 1 (Pre-Construction) Design Fee Design-Builder Fee (profit and overhead) Design-Builder General Conditions Phase 2 (Construction) Construction Cost FF&E, Move-In/Out, IT/Data and Security Cost

B.3

$________ $________ $________

$________ to $________ $________ to $________

The high end of each Offeror’s Construction Cost range will become the Offeror’s Target GMP. The Target GMP should be presented in the standard 16 division format and should include sufficient level of detail to understand the assumptions that were included within the Target GMP. The Library intends to use the Target GMP to manage the Project’s budget, and as such, Offerors should submit a Target GMP that represents their best judgment as to the Project’s actual cost. The Library expects that Offerors will

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 prepare a reasonably detailed cost estimate to prepare the Target GMP. In order to ensure that the Target GMPs represent the Offeror’s best judgment of the costs, an Offeror will be required to forfeit 10% of the Design-Build Fee in the event that the final GMP exceeds the Target GMP. Offerors are further advised that a Target GMP that lacks sufficient detail or which omits funding for obvious aspects of the necessary work will render the Offeror’s proposal unacceptable.

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

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 BACKGROUND C.1.1 This solicitation is to engage one Design-Builder to complete the design, façade improvements and interior fit-out construction for the West End Interim Library in the District of Columbia (the “Project”). The Design-Builder will be responsible for the design, construction and the FF&E of the Interim Library if awarded this contract. The Interim library is located at 2311 M Street NW, Lower Level. C.1.2 The Interim neighborhood library is intended to maintain and expand the level of excellence for District libraries and shall provide library users with easy access to desired material and technology. The Project should be of the highest quality and functionality. The Library hopes that this Interim library will symbolically celebrate the important values of knowledge, learning, community, diversity, and sustainability. The library will be approximately between 4,500 and 5,500 square feet in size. A basis of design that generally describes the Interim library is attached and should be used by the Design-Builder as the basis for design, further describe in Section C.2.1. C.1.4 The Interim library location is located at 2311 M Street NW which is near the existing West End Library. The Interim is located on the lower level of the main building at the same address; the Design Builder shall plan on coordinating all interior and exterior design improvements with the property owner. Final approval of the design by the landlord is the responsibility of the design-build Team. C.1.5 The Library acknowledges the importance of sustainable design. The Library is NOT seeking official LEED certification on this project; however the Library would like to implement as many “green” and sustainable features as possible. C.2 SCOPE: C.2.1 The Design-Builder shall provide all of the necessary labor, equipment, supplies, and other resources necessary to complete the design and construction of the West End Interim Library according to the terms and conditions of this solicitation and the subsequent negotiated contract. The Interim library shall be completed on a fast-track schedule no later than December 17, 2012. The Library envisions that construction should be able to begin in early October 2012. Early completion is strongly encouraged and the design-builder shall anticipate the need for double or triple shifts in order to complete the project within this time frame. The DCPL contemplates that the after the design and fit-out of the Interim space, the West End Interim Library will have the same functional capabilities as TenleyFriendship Interim Library that it will include finishes, furnishings and fixtures

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 appropriate for a first class, state of the art library. The Tenley-Friendship Interim Library opened on December 28, 2007. Basis of Design Drawings of the TenleyFriendship Interim Library are attached as Exhibit J.1.4. C.2.2 The Design-Builder shall be responsible for all aspects, if necessary, of any and all utility relocations, utility connections and fees associated with the utilities. Contractor shall coordinate with the property owner and all utilities shall be per all applicable building codes and regulations. C.2.3 It is important to note the following: 2311 M Street was a former restaurant. The landlord has stipulated that the library improvements do not prohibit the space from returning to a restaurant. The design-builder shall demo, design and construct the space to meet this requirement. C.2.4 The Design-Building shall be responsible for the installation of two ADA Accessable mechanical lifts. At a minimum the lift shall be a commercial grade model, with 750-pound lift capacity, a hard wired 115-volt motor, powered ACME screw drive and be ASME A-18.1 compliance.

C.3

Requirements C.3.1 Design Phase – Schematic: The Design-Builder shall cause its architect/engineer (the “A/E”) to conduct a thorough review of the Basis of Design Drawings of the new Tenley-Friendship Library (such documents, the “Minimum Design Requirements”) which will provide the basis for the design of the West End Interim Library. The Design-Builder shall cause it’s A/E to review the Minimum Design Requirements Exhibit J.1.4. After this review of both documents is complete, the Design-Builder and its A/E shall meet with the Library and its representatives to discuss the essential elements of the design and the best way for moving forward. Based on the results of the review and the following meeting with the Library, the Design-Builder shall then cause the A/E to prepare a full set of schematic design documents for the new West End Interim Library that are consistent with the Minimum Design Requirements and consistent with the OCTO general scope of work Exhibit J.1.8 and that are acceptable to DCPL. The schematic design documents shall contain at least the level of detail typically associated with a project of this size. C.3.2 Design Development/Construction Documents. Based on the approved schematic design documents, the Design-Builder shall cause it’s A/E to prepare a set of design Development Documents/Construction Documents. The DesignBuilder and its A/E shall meet as often as required with the Library and its representatives to ensure that the design is evolving in a mutually acceptable manner. The Design-Builder shall cause its A/E to prepare a 50% progress printing which shall be distributed to the Library and the Builder. This progress

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 printing shall be reviewed by the Library and its representatives to determine whether the design is evolving in a manner that is consistent with the Minimum Design Requirements and shall also be reviewed by the Design-Builder in order to assess whether it is consistent with the Project’s budget. The specific services required during this phase are: a. b. c. e. f. Select and draft outline specifications for materials, systems, equipment including FF&E. Develop detailed and dimensioned plans, wall sections, building section, and schedules. Early release plans i.e. Demolition Plans Complete code compliance analysis and drawing. Meet with review agencies as required (DCRA, HPO, HMP, DDOT, DDOE, WASA, PEPCO, etc).

C.3.3 Deliverables. The following deliverables are required during this phase. a. b. c. d. e. 50% design development progress printing. A reconciliation report that addresses issues raised by DCPL and the Design-Builder as a result of the 50% progress printing. Updated Project Budget and Schedule A permitable and buildable set of Construction Documents to include Civil, Architectural, Structural and MEP plans and specifications Building permit, applicable trade permits, Certificate of Occupancy and any other District required license or permit to complete the scope of work.

C.3.4 Phase 2 (Construction Phase) – Once DCPL and the Design-Builder have agreed that the scope of work can be completed for the agreed Lump Sum Price, the Construction Phase of the project shall commence. During the Construction Phase, the Design-Builder will be required to fully complete the Project in accordance with the plans and specifications as well as the agreed Lump Sum Price. The work is to be conducted as quickly as possible and must be completed no later than December 17, 2012 In addition to the above the following shall be provided during this phase. C.3.4.1 Construction Management. The selected Design-Builder will be required to construct a first-class Interim library in accordance with the approved Construction Documents. At a minimum it is envisioned that the Design-Builder will be required to undertake the following tasks:  Construction and deliver a turn-key, fully functioning West End Interim Library.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006          Participate and assist in Project/Planning meetings. 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 the Program Manager and all trades. Provide general safety and signage and posting for the project and see that each subcontractor prepares and submits adequate safety program and monitoring throughout the project. Provide the Library with a written monthly report that includes (i) an updated schedule analysis, (ii) an updated cost report, and (iii) a monthly review of cash flow. Manage the change order process with the trade subcontractors to verify validity, purpose, and cost. Prepare payment requests, verify accuracy and forward to DCPL for approval and payment. Assemble close-out documents required. Provide assistance to DCPL through any applicable warranty periods.

C.3.4.2

Site Security. The Design-Builder shall be required to provide the necessary security personnel to protect the space. Project Cleanliness. The Design-Builder shall be required to manage the work in such a manner so as to minimize the pollution and debris in or around the construction site. Maintenance of Traffic. The Design-Builder shall be responsible for providing the necessary flagman and traffic control devices as are required to maintain traffic. The Design-Builder shall be required to obtain the necessary lane closure and other permits required for its work from the Department of Transportation, if needed. Permitting, Third Party Review and Inspections. The DesignBuilder shall pay for and engage the services of a third party review firm and a permit expediting firm for the permitting process and a third party inspection firm for inspections during the construction phase. The Design-Builder shall be responsible for obtaining all required permits. The Design-Builder shall be required to cooperate with the Library and the third party reviewers and inspectors to assist in completion of the scope of work. The Design-Builder and/or its consultants shall be responsible for preparing applications and other documents necessary to obtain building permits and certificates of occupancy. The Library shall execute such instruments as required and the Design-Builder and/or its consultants shall be responsible for

C.3.4.3

C.3.4.4

C.3.4.5

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 walking such documents through any and all District agencies to gain necessary approvals for the duration of the project. C.3.4.6 Utility Connections. The Design-Builder shall be responsible for design, review, permitting and installation for all electrical power, water and sanitary sewer service for the Interim library. The DesignBuilder is responsible for all installation costs for the services listed above. DCPL will be responsible to pay the respective connection/tap fees only. The Design-Builder shall coordinate with the respective agencies for connections, meters, and sizing of service lines. Landlord Approvals. The design builder shall be responsible for coordinating with the Landlord for all aspects of this project. The Library anticipates that the landlord will seek approval on utility connections, tie-ins to existing building services, work hours, parking restrictions and other related activities. Landlord contact information will be provided upon award.

C.3.4.7

C.4.

FF&E, Move-in, IT/Data and Security Systems C.4.1 The Design-Building shall be responsible for the selection, purchase and installation of FF&E. This includes but is not limited to: (i) free standing tables, chairs, and desks, (ii) library shelving, and (iii) signage. C.4.2 The Design-Builder shall be responsible for all aspects of the move-out of the existing West End Library and Move-in to the new Interim Library. A general scope of work is attached, Attachment J.1.3, actual scope will be dependent of number of materials, location of storage, etc. C.4.3. The Design-Building shall be responsible for the installation of all IT/Data for the project. All IT/Data work shall be done in accordance with the OCTO Guidelines. C.4.4 The Design-Builder shall be responsible for the Interim’s security system. The preferred Library security vender is Tyco Integrated Security LLC 3601 Eisenhower Avenue, 3rd Floor Alexandria, VA 22304 Thomas Mahoney Phone: (571) 338-4480 Email: tjmahoney@tyco.com

C.5

Key Personnel

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 C.5.1 In its proposal, each Offeror will be required to identify its key personnel. Key personnel shall include, at a minimum, the following individuals: (i) the Project Executive; (ii) the Field Superintendent; and (iii) key Project Managers (i.e. the Project Managers responsible for structural, mechanical, electrical and special systems). The Contactor will not be permitted to reassign any of the key personnel unless DCPL approves the proposed reassignment and the proposed replacement. C.6 Licensing, Accreditation and Registration C.6.1 The Design-Builder and all of its subcontractors and sub consultants (regardless of tier) shall comply with all applicable District of Columbia, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of the contract. C.7 Conformance with Laws C.7.1 It shall be the responsibility of the Design-Builder to perform under the contract in conformance with the DCPL’s Procurement Regulations and all statutes, laws, codes, ordinances, regulations, rules, requirements, orders, and policies of governmental bodies. C.8 Davis-Bacon Act C.8.1 The Davis-Bacon Act is applicable to this Project. As such, the Design-Builder and its trade subcontractors shall comply with the wage and reporting requirements imposed by that Act. C.9 Apprenticeship Act C.9.1 The Apprenticeship Act shall apply to this contract and the Design-Builder and all of its trade subcontractors shall be required to comply with that act. C.10 Time is of the Essence C.10.1 Time is of the essence with respect to the contract. The Project must be substantially complete by December 17, 2012. Substantially complete shall mean the OPENING OF THE LIBRARY TO THE GENERAL PUBLIC. As such, the Design-Builder must dedicate such personnel and other resources as are necessary to ensure that the Project is completed on-time and in a diligent, skilled, and professional manner. C.11 DCPL Responsibilities.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 C.11.1 In general, the Design-Builder shall be responsible for all preconstruction and construction phase activities. DCPL shall be responsible for the following activities. C.11.1.2 Materials and IT. DCPL shall be responsible for providing IT equipment and library materials for the Interim location. The DesignBuilder shall be responsible for the scope of work as listed under section C.4. All other aspects of successful completion of this project are the responsibility of the Design-Builder.

C.11.1.3

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 PART I SECTION D: PACKAGING AND MARKING D.1 MATERIAL DELIVERY, HANDLING AND STORAGE: A. The Design-Builder shall deliver materials and equipment in the original, properly labeled, unbroken packages, containers, cartridges or bundles and in such quantities and such ample time that progress of work will not be delayed. The Contractor shall protect materials and products against any damage or deterioration during transit to the site, unloading, delivering and storing at site, installation or erection and during period between installation or erection and final acceptance by the District, that shall include, but not limited to: 1. 2. 3. C. Minimum exposure to weather during delivery. Storage off ground in dry, well-ventilated spaces. Covering, as necessary, for adequate protection from soiling and wetting.

B.

The Contractor shall provide storage methods that will facilitate inspection and testing before and during the use as follows: 1. Space for storage of materials and equipment will be approved by the District’s Inspector (see Paragraph H.23). The Contractor shall not occupy more space at the site than is absolutely necessary for proper execution of the work.

2.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 PART I SECTION E: INSPECTION AND ACCEPTANCE E.1 INSPECTION: The inspection and acceptance requirements for the resultant contract will be governed by Section 4383-42 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 bidders at the Proposal 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 the RFP, and final Issue For Construction Plans and Specifications and (Section C) shall take precedent over Section E. E.2 PARTIAL ACCEPTANCE: A. The Contracting Officer’s Technical Representative (COTR) may, at his/her option, accept part of the work under this contract in writing prior to the COTR’s final acceptance of all the work under the contract, when the COTR considers it beneficial to the District of Columbia. Partial acceptance shall not preclude liquidated damages for failure to complete the contract within the required time limits established under TIME FOR COMPLETION in Section F.1.

B.

E.3

FINAL INSPECTION: The Contractor shall give the COTR written notice at least fourteen (14) days in advance of date on which project will be 100% complete and ready for final inspection. Prior to final inspection date, the Contractor shall verify in writing that in the Contractor’s best judgment no deficiencies exist.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 PART I SECTION F - DELIVERIES OR PERFORMANCE F.1 TIME OF COMPLETION: The Contractor shall commence work within 5 calendar days of the date specified in the written Notice to Proceed (NTP) signed and issued by the Contracting Officer and shall start and complete all the work in strict accordance with the phasing schedule as provided in the General Scope Section of the Specifications. The Contractor shall complete all the work by December 17, 2012. F.2 DELIVERABLES: The Contractor shall submit to the District, as a deliverable, the report described in section H.39.5of this contract that is required by the 51% District Residents New Hires Requirement and First Source Employment Agreement. If the Contractor does not submit the report as part of the deliverables, final payment to the Contractor may not be paid. (Refer to H.39). F.3 Order of Precedent In addition, the Deliveries and Performance for different parts of the work, described in other sections of the RFP, and final Issue For Construction Plans and Specifications and (Section C) shall take precedent over Section F.

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

SECTION F - DELIVERIES OR PERFORMANCE F.1 CONTRACT TYPE The District contemplates award of an Agreement between Owner and Design/Builder. F.1.1 Negotiated Procurement. This procurement is being awarded through a competitive negotiation type of procurement. The proposed Form of Contract is being issued with this RFP. Offerors are required to review and specifically identify in the Offer Letter any proposed changes to the Form of Contract. Offerors are advised that their proposed changes will be evaluated as part of the selection criteria. To the extent there are any inconsistencies between this RFP and the Form of Contract, the Form of Contract shall prevail. F.1.2 Construction Fee. As is more fully described in the Form of Contract, this will be a Cost Plus Fixed Fee price. Offerors will be required to offer a Design Fee and a Design-Builder Fee, as well as a General Conditions Budget. Offerors should submit with their proposal an Offer Letter in substantially the form of Attachment J.2 on the Offeror’s letterhead.

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

PART I SECTION G - CONTRACT ADMINISTRATION DATA G.1 A. INVOICE PAYMENT: The District will make payments to the Contractor, upon the submission of proper invoices, based on the approved Critical Path Method (CPM) schedule as referenced in Section C.3., GMP Formation and Section H.16 of this document, only for the percentage of work or services actually performed or completed during the subject period and accepted by the District, less any discounts, allowances or adjustments provided for in this contract. The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor. INVOICE SUBMITTAL: The following procedures are designed to streamline the processing of payment applications submitted for this project. These procedures must be followed for all payment applications submitted. Failure to follow these procedures may result in delays in payment. A. The Contractor shall submit a draft Schedule of Values to the COTR at least ten (10) days before submission of their first Payment Application. Electronic submissions to are acceptable for this purpose. Once accepted by the Library, this Schedule of Values will become the basis for all subsequent Payment Applications. B. The Contractor shall submit a draft Payment Application to the COTR five (5) business days before a planned submission of a final Payment Application. Revisions, if necessary, will be requested by the COTR within that five-day period. a. The Contractor shall ensure that all Payment Applications include the following information on the first page: i. The bill-to address: DC Public Library – Chief Financial Officer 901 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 to each 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 internal project

B.

G.2

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 number as part of the Payment Application number is an effective way to meet this requirement). The contractor’s name and address. The Payment Application date. The dollar amount requested from each respective line of the DCPL purchase order. The remittance address for payment. A contact name and telephone number in case there is a question about the Payment Application.

v. vi. vii. viii. ix.

b. The Contractor shall ensure that all Payment Applications include the following backup documentation: i. An updated Schedule of Values ii. CBE reports iii. Labor Hours worked reports iv. Certified Payroll documents as required by the contract v. Copies of subcontractor invoices vi. Bills of Sale for any offsite stored materials vii. 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 by issuance of a revised Purchase Order. Payment Applications requesting amounts greater than that which is listed on the current Purchase Order will be rejected. ii. DCPL will verify all offsite stored materials in person before they are approved for payment. C. Once any revisions are incorporated into the Payment Application, mail two (2) hard copies of the final Payment Application and all associated back-up documentation to the following address. Note that electronic submissions of Final Payment Applications will not be accepted for this project. DC Public Library – Chief Financial Officer 901 G Street NW Room 441 Washington, DC 20001 Attn: Chris Wright

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 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 Source Employment Agreement, final request for payment must be accompanied by the report or a waiver of compliance discussed in H.39.5. G.3.2 The CFO shall not make final payment to the Contractor until the CFO has received the Contracting Officer’s final determination or approval of waiver of the Contractor’s compliance with 51% District Residents New Hires Requirement and First Source Employment Agreement. G.4 METHOD OF PAYMENT: Addressed in Section G.2 G.5 ASSIGNMENTS: In accordance with DCPL Standard Contract Provision, Section 4383-111, unless otherwise prohibited by this contract, the Contractor may assign monies due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution. Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party. Notwithstanding an assignment of money claims pursuant to authority contained in this contract, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to made directly to the assignee as follows: Pursuant to the instrument of assignment dated ___________, make payment of this invoice to _______________________ (name and address of assignee). G.6 CONTRACTING OFFICER (CO): The Contracting Officer (CO) assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms and 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 contract and is the only person authorized to approve changes to any of the contract requirements.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 The Contracting Officer is identified as follows: Wayne R. Minor DC Public Library Office of Chief Procurement Officer 901 G Street, NW Washington, DC 20001 Telephone: (202) 727-4800 Email:wayne.minor@dc.gov G.7 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER: In accordance with Section 4383-11 of the District of Columbia Public Library's Standard Contract Provisions for Supply, Service, Architect/Engineer and Construction Solicitations and Contracts, dated October 2009, the Contracting Officer is the only person authorized to approve changes to any of the requirements of this contract. The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the Contracting Officer. G.8 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR): The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Technical Representative (COTR) 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 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 the authorities 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 Officer’s Technical Representative is identified as follows: Kim Fuller
Project Manager

Capital Construction 901 G Street, N.W. Washington, D.C. 20001 Office Number: (202) 442-6069 Facsimile Number: (202) 727-4792 B. It is fully understood and agreed by the Contractor that the COTR shall not have 18

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 any authority to make changes in the specifications/scope of work, price or terms and conditions of the contract. C. Contractor shall be held fully responsible for any changes not authorized in advance, in writing, by the Contracting Officer, and may be denied compensation or other relief for any additional work performed that is not authorized by the Contracting Officer in writing. In addition, Contractor may also be required at no additional cost to the District, to take all corrective action necessitated by reason of the unauthorized changes.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 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, the Contractor shall pay liquidated damages to the DCPL in the amount of $250.00 for each calendar day of delay until the work is completed or accepted beyond September 2, 2013 in completion (completion is defined as delivering a building that can be legally, and to the Library’s satisfaction, used and occupied by the public and Library staff) If the DCPL terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of re-procurement under the Termination clause.

B.

H.2

GOVERNMENT’S RESPONSIBILITY: The Library shall provide to the Contractor all necessary passes for Contractor’s employees required to enter into the facility prior to and subsequent to the Contractor taking control of the facility.

H.3

PERMITS, LICENSES AND CERTIFICATES: A. The Contractor will be responsible for obtaining the building permit issued by the Department of Consumer and Regulatory Affairs (DCRA), Building and Land Regulation Administration. The Contractor shall also apply for and obtain all other permits required for this project including 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. 1. The Contractor shall apply and pay for all required permits well in advance of the time that they are needed. If the Contractor experiences any difficulty in obtaining a permit, the Contractor shall request assistance immediately from the COTR.

2.

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 not limited to: Permits and Certificates Licenses

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 1. Plumbing 2. Electrical 3. Refrigeration 4. Elevator 5. Boiler and Pressure Tank 6. Public Space - To work in, excavate in or occupy 7. Signs and Temporary Fences 8. 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 the permitting agency. Permits will be issued only to persons duly licensed for work in the District of Columbia, except as follows: 1. Where electrical, plumbing and refrigeration Contractors and their craft persons perform work under contract with the District of Columbia and the work is physically located in areas outside the District of Columbia, it shall be sufficient if any such Contractor and the Contractor’s craft persons are licensed either by the District of Columbia or by any governmental agency having jurisdiction over the area adjoining the site on which the work is performed. 1. Master Plumbers 2. Electrical 3. Refrigeration 4. Boiler 5. Pressure Tank 6. Elevator

D.

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

H.4

UTILITY CONNECTIONS AND SERVICES: The Contractor is responsible for locating all existing utilities and performing the required modifications to all utilities for the completion of construction. All utility costs, costs to modify and connection fees shall be incorporated into the GMP. A. TEMPORARY ELECTRICITY (IF NECESSARY): 1. The Contractor shall arrange for and pay all expenses associated with procurement and use of the following: a. Install a temporary meter on existing power lines and pay for all electric power used; Install temporary lines to conform with the requirements of the D.C. Electrical Code for such work;

b.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 c. d. Furnish and install all necessary safety devices required; Maintain temporary line and equipment in proper condition until lines are no longer required and disconnected; Make connections to existing electric services in accordance with D.C. Electrical Code requirements and standard procedures developed by the electric company; Upon completion of the work, remove temporary lines, poles and other accessories, make disconnections and restore services to an approved condition.

e.

f.

B.

TEMPORARY WATER (IF NECCESARY): For construction purposes, temporary connection to the existing water mains is permitted, at the Contractor’s expense, contingent upon 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). That the Contractor shall furnish all necessary temporary lines, fittings, valves, and make all temporary connections to bring the water to the job site. That all pipe, fittings, and hose used shall be leak proof and that hook-ups and connections be made in a manner comparable to new work to prevent unnecessary waste of water. That all branches from temporary main feed be equipped with tight cutoff valves. That upon completion of the work, temporary lines, fittings, valves and other accessories are removed; disconnections made and services restored to an approved condition.

2.

3.

4.

5.

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 Contractor shall pay fees and associated costs and make all arrangements with utility companies and appropriate agencies as may be required for proper and expeditious completion of the project.

22

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 H.5 SHOP DRAWINGS AND CATALOGUE CUTS: A. The shop drawing and submittal process shall be defined in the project plans and specifications.

H.6

PROPRIETARY RESTRICTIONS: A. Proprietary names or brands are mentioned for descriptive, not restrictive, purposes and are intended to establish minimum standards of quality 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 item or type of construction which, in the judgment of the Contracting Officer, expressed in writing, is equal to that specified. The COTR will judge the submissions on the basis of durability, strength, appearance, serviceability of parts, output, coordination with related work and the ability to fulfill the requirements of the specified item.

2.

H.7

DEBRIS AND CLEANING: A. The Contractor shall, during the progress of the work, remove and properly dispose of the resultant dirt and debris daily and keep the premises clean and free from safety hazards. Upon completion of the work, the Contractor shall remove all equipment, salvaged materials provided for the work (except any materials that are to remain the property of the Government of the District of Columbia as provided in the specifications) and leave the premises in a neat and clean condition satisfactory to the COTR at the site.

B.

H.8

MATERIALS AND WORKMANSHIP: A. Unless otherwise specified, all materials and equipment incorporated in the work under the contract shall be new. All workmanship shall be first class and by persons qualified in the respective areas. In the absence of specific requirements for installation of a material or product, the Contractor will be held responsible for installation of said material or product in strict accordance with the manufacturer's printed instructions and recommendations.

B.

23

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 H.9 STANDARDS: A. Any material specified by reference to the number, symbol or title of a specific standard such as a Commercial Standard, a Federal Specification, ASTM certification or other similar standard, shall comply with the requirements in the latest revision hereof. The District will not furnish any copies of the applicable Federal Specifications, Commercial Standards and other standard specifications to the bidders. However, the Contracting Officer will furnish upon request, information as to how copies of the standards referred to may be obtained, and it will be responsibility of the requestor to obtain the necessary documents from respective sources. Where a standard is referred to in the various sections of these specifications, it shall include the installation requirements specified therein unless specifically modified in the contract specifications.

B.

C.

H.10 EQUIPMENT COORDINATION: It shall be the responsibility of the Contractor to ascertain that the make and model of all shop or factory fabricated equipment furnished not only meets all requirements of the contract document, but it shall be of the proper physical size and dimension to fit the space or area, ductwork, conduit, panel boxes, disconnect switches and related accessory equipment. Where the physical size of any equipment is dependent upon other equipment, coordination shall be done by the Contractor to assure that 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 Officer reserves the right to stop all the work, or any portion thereof, affected by the Contractor’s failure to comply 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 written notification and work stoppage, the District may terminate the right of the Contractor to proceed as provided in Section 4383-41 of the District of Columbia Public Library's Standard Contract Provisions for Supply, Service, Architect/Engineer and Construction Solicitations and Contracts, dated October 2009.

24

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 H.12 SUBCONTRACTS: A. Nothing contained in the contract documents shall be construed as creating any contractual relationship between any subcontractor and the Government of the District of Columbia. 1. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among the subcontractors or to limit the work performed by any trade. The Contractor shall be as fully responsible to the Government of the District of Columbia for the acts and omissions of subcontractor and of persons employed by them as he is for the acts and omissions of persons directly employed by him. The Contractor shall be responsible for the coordination of the trades, subcontractor and material persons engaged upon his work. The Contractor shall, without additional expense to the Government of the District of Columbia, utilize the services of specialty subcontractor of those parts of the work which are specified to be performed by specialty subcontractor. The Government of the District of Columbia will not undertake to settle any differences between the Contractor and his subcontractor or between subcontractor.

2.

3.

4.

5.

B.

No portion of the contract shall be subcontracted except with the prior written consent of the Contracting 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 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 particularly experienced and equipped for such work, and (b) an assurance by the Contractor that the Labor Standards Provisions set forth in this contract shall apply to labor performed on all work encompassed by the request(s). The request(s) also shall provide the following information: 1. Subcontractors name, address, telephone number, and Federal Social Security Number used on the Employers Quarterly Federal Tax Return, U.S. Treasury Department Form 941. Estimated dollar amount of the subcontract. Estimated starting and completion dates of the subcontract.

2. 3.

25

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

4.

The subcontractor approval request form included herein should be used to request approval of subcontractor on this project. The form should be completed for each subcontractor requested for approval and submitted to the Contracting Officer. Copies of these forms are available upon request from the COTR.

C. Any work or service so subcontracted shall be performed pursuant to a subcontract agreement, which the District will have the right to review and approve prior to its execution by the Contractor. Any such subcontract shall specify that the Contractor and the subcontractor shall be subject to every provision of this contract. Notwithstanding any such subcontract approved by the District, the Contractor shall remain liable to the District for all Contractor’s work and services required hereunder. H.13 USE OF PREMISES: A. If the Contractor considers it necessary to perform any work after the regular working hours on Saturdays, Sundays or legal holidays, the Contractor shall perform this work without any additional expense to the Government of the District of Columbia. The Contractor shall use only such entrances to the work area as designated by the COTR. Once the installation work is started, the Contractor shall complete the work as rapidly as possible and without unnecessary delay. The Contractor shall occupy only such portions of the premises as required for proper execution of the contract. The Contractor shall perform all the work in such a manner as to cause minimum annoyance or noises and disturbances to occupants of adjacent premises and interference with normal traffic. The Contractor shall keep gates locked to maintain security into work area dictated by the existing job conditions of such nature as to prevent: 1. 2. G. Entry of work areas by unauthorized persons; Removal of Government property and supplies.

B.

C.

D.

E.

F.

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

26

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 H. The Contractor shall comply with the regulations governing the operation of premises that are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government of the District of Columbia and/or Washington Metropolitan Area Transit 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 any patented 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 the Safety Standards of the District of Columbia and the U.S. Occupational Safety and Health Act of 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 standards and 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 the Safety Code in their possession. The Contractor shall be responsible for providing and installing adequate temporary shoring or 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 liable for any property damages or physical harm resulting from inadequate protection. Prior to execution of shoring and/or bracing, the Contractor shall submit details and calculations for shoring and/or bracing designs for the COTR’s review and concurrence.

C.

2.

D.

The Contractor shall exercise special precautions to prevent use of or access to the Contractor’s materials, equipment or tools and entry into the Contractor’s work areas by non-authorized personnel.

27

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

1.

A Contractor’s attendant shall be present at all times when bituminous kettles are in operation to prevent the public from coming in contact with the kettles. The Contractor shall remove each kettle as soon as its use is complete.

2. E.

The Contractor shall chute or hoist to the ground any and all the materials being removed from the roof areas or any upper floor. The Contractor shall not permit any live wires to be left exposed and unguarded, including open panel boards. The Contractor shall cover all open trenches during hours when work is not being executed, as required for protection of the public.

F.

G.

H.16 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 diagram plus 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 one reproducible print plus three copies of a complete construction progress schedule and narrative for all the contract activities and three copies of computer printout. The Contractor shall submit all the schedules and reports for approval by the COTR, and all schedules and reports must conform to the following minimum requirements: 1. Include activities for all Contractor submittals, including but not limited to catalogue-cuts, samples, shop drawings and laboratory tests, approvals by COTR, procurements by Contractor, and delivery of material and equipment to the job site. Include in each schedule the following details and format: a. Time scaled in workdays, CPM Network (arrow) diagram with each work activity showing cost and man-loading on arrow system plus a narrative to facilitate monitoring and control of work progress and a tool for measurement of progress payments. Each field work activity shall have a maximum duration of 20 workdays. Each activity shall show all the associated costs for the purpose of progress payment, as required by Section G.4., with no front

2.

b.

c.

28

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 loading. In addition, the sum 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 all the activities, without any masking or plugging of any dates (except NTP and contract milestone). The computer reports shall be submitted in hard-copy plus 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 and the same shall include a narrative and three copies of “I-J”, “J-I” and “Total-Float” computer printouts plus read/write CD’s of all the activity data and schedules. These reports shall include the actual start, percent complete or finish dates for each activity, as mutually agreed with the COTR plus any approved logic changes. In the case of any logic changes that result in any delay to the contract milestone(s), the Contractor shall submit a revised schedule diagram and the computer reports for approval by the COTR by the next update reporting date.

b.

B.

The Contractor shall complete all work within the time specified under F.1 Time of Completion, which is the maximum time permitted for the accomplishment of this project. If within the period of construction, a time extension or extensions are granted in writing by the Contracting Officer, the Contractor shall incorporate the extension in the next monthly update.

H.17 GUARANTEE OF WORK: A. The Contractor guarantees, for a period of one (1) year after date of acceptance for Occupancy as established in the District’s written notification, to repair or replace any work in which any defects in material or workmanship appear within said period and to repair or replace any and all work damaged by reasons thereof, to the satisfaction of the COTR and without cost to the District of Columbia. In any case where in fulfilling the requirements of the contract or any guarantee, embraced in or 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 and guarantee such restored work to the same extent as it was guaranteed under such other contracts. Upon the Contractor’s failure to proceed promptly to comply with the terms of

B.

C.

29

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 any guarantee under the contract or still running upon work originally executed by other Contractors, the District of Columbia may (1) either have such work performed as the Contracting Officer deems necessary to fulfill such guarantee, or (2) allow all such damaged or defective work to remain in such unsatisfactory condition; provided that the Contractor shall promptly pay the District of Columbia the sum estimated by the Contracting Officer under the provision of paragraph 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 without additional expense to the Government of the District of Columbia. D. Special guarantee: The Contractor shall provide a written guarantee of the following for the extended periods and to the extent stated below: 1. Guarantee buried tanks for five (5) years against deterioration to the point of failure and against structural failure due to improper installation procedures. Guarantee heating and air conditioning equipment, except expendable components such as filters, for two (2) full operating seasons or the equivalent thereof against all conditions except vandalism or improper maintenance. Secure guarantee of built-up roof and flashing systems for ten (10) years by the manufacturer of the roofing material.

2.

3.

E.

All special guarantees that are stipulated in the specifications or other paper forming a part of the contract shall be subject to the terms of this paragraph insofar as they do not conflict with the provisions containing references to guarantees in the specifications or such other papers. In 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 to sidewalks, pavements, landscaping, from damage using methods approved by COTR such as planking, covering, temporary cement curbs, and shall be responsible for replacement of items that 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 in accordance with standards of the agency having jurisdiction over the damaged property. The COTR will not permit grouting of cracks in sidewalks and driveways. The Contractor shall replace cracked slabs.

30

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 B. Contractor shall be responsible for personal injury to workmen and the public and shall indemnify and hold the District harmless for any such injuries that are incurred during the performance of this contract. C. Nothing contained in the drawings and specifications for installation of fences, barricades or site protection shall be interpreted as making the District a party to, liable for, or relieving the Contractor of: 1. The Contractor’s responsibility for materials delivered and work performed until completion and final acceptance; The Contractor’s responsibility to sustain all costs, losses or damages arising out of the nature of the work to be done, or due to any unforeseen or usual obstructions or difficulties which may be encountered in the accomplishment of the work, or resulting from the work, or resulting from the action of the elements; and The Contractor’s responsibility to protect existing public and private property.

2.

3.

D.

Site Protection: 1. Watchperson: a. b. The Contractor shall employ watchpersons to safeguard the site. The watchpersons shall be employed during all periods in which the Contractor’s employees are not performing actual site work.

2.

Lights: a. Illumination of the worksite during non-daylight hours is required of the Contractor at the Contractor’s expense.

H.19 UNDERGROUND SERVICES: A. ACTIVE: The District has made its best efforts to show all active services on the contract drawings and specifications. However, the District gives no assurance that there are no other active services in areas in which work is to be performed. If during execution of work, other active services are encountered that necessitate changes in drawings or specifications, the Contractor shall make the required adjustments. B. INACTIVE OR ABANDONED: If, during execution of work, the Contractor

31

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 encounters inactive or abandoned services not shown or specified, the Contractor shall notify the Contracting 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 with work now in place before the Contractor commences actual work at the site. The Contractor shall ensure that new work in extension of existing work shall correspond in all respects with that to which it connects unless otherwise indicated or specified. The Contractor shall cut, alter, remove or temporarily remove and replace existing work as necessary for the performance of the work to be done. The Contractor shall restore work remaining in place that is damaged or defaced by reason of work done under this contract to a condition satisfactory to the COTR.

B.

H.21 OPERATION AND MAINTENANCE INSTRUCTIONS: 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, mechanical or electrical system. 1. Manuals shall show all controls (switches and valves) and give instructions on functions of each. Manuals shall give proper operating, reading or tolerances for all gauges and other control indicating devices. Manuals shall show the location of all items requiring periodic maintenance operations and specify recommended intervals of maintenance and recommended lubricants, and a listing of spare parts. Manuals shall include diagrammatic sketches or actual layouts of mechanical and electrical system showing location of all control items such as fuses, circuit breakers, indicator lights, dials, gauges, valves, thermostats, aquatints, cleanouts, and switches.

2.

3.

4.

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, ship equipment, plumbing system, incinerator, sprinkler system, sound system, clock and bell system, power operated door system and special equipment. The Contractor shall deliver manuals not less than one (1) week before District

C.

32

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 personnel assume 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. 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. The Contractor shall conduct all operations in such a manner as to prevent when possible and otherwise minimize the contamination of watercourses by sediment bearing materials or other pollutants. The Contractor shall maintain effective erosion control for the duration of any suspension of all or a portion of the construction operation.

B.

C.

D.

H.23 GOVERNMENT INSPECTORS: A. The work shall be conducted under the general direction of the COTR and is subject to inspection by his appointed Inspectors to ensure strict compliance with the terms of the contract. Neither the COTR nor an Inspector is authorized to change any provision of the contract documents without written authorization of the Contracting Officer. The presence of or absence of an Inspector shall not relieve the Contractor from compliance with material and workmanship requirements of the contract.

B.

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 in Section J.1.Any additional detail drawings and other information deemed necessary by the Contracting Officer will be furnished to the Contractor when and as required by the work. In case of differences between small and large-scale drawings, the large-scale drawings shall govern. Where on any of the drawings, a portion of the work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to those portions indicated in the outline.

B.

C.

33

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

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 in relation to their location and their connection with other parts of the work. In case of differences between the schedules and small or large scale drawings, the schedules shall govern. In cases of differences between the specifications and standards, and in cases of differences between drawings and the specifications, the specifications shall govern.

E.

F.

H.25 REFERENCE TO CODES AND REGULATIONS: A. Where the District of Columbia codes and regulations and other codes and regulations are referred to in these specifications, they are minimum requirements. Where the requirements of these specifications exceed the referred requirements of the codes and regulations, these specifications shall govern. Requirements of codes and regulations shall include revisions, amendments and supplements thereto in effect on the closing date of the Request for Proposal (RFP).The RFP will be amended to conform it to such code and regulation changes that occur after the closing date.

B.

C.

H.26 SINGULAR OR PLURAL NUMBERS: Where any device or part of equipment is herein referred to in the specifications or on the drawings in the singular or plural number, such reference shall be deemed to apply to as many such devices as are required to complete the installation as shown on the drawings. H.27 ENGINEERING AND LAYOUT SERVICES: A. The Contractor shall provide competent engineering services to execute the work in accordance with the contract requirements. The Contractor shall verify the figures shown on the drawings before undertaking any construction work and shall be responsible for the accuracy of the finished work. The District has made its best efforts to establish such general reference points as will enable the Contractor to proceed with the work. It is the Contractor’s responsibility to visit the site and familiarize themselves with the site conditions before submitting his bid.

B.

34

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 C. The Contractor shall make no change in locations without the written approval of the Contracting Officer.

H.28 BUILDING LINES AND BATTER BOARDS: A. Prior to commencing construction, the Contractor shall obtain a plat of computations from the D.C. Surveyor’s Office to ascertain official reference points from which the property survey can be made. 1. The Contractor shall establish and have platted on site, all building lines, building restriction lines and property lines shown on drawings, utilizing the service of a registered professional surveyor regularly engaged in such practice. The Contractor shall also establish critical grade and boundaries for construction of facilities where distance measurements are important, utilizing the service of a registered professional surveyor. Within 10 working days of receiving the plat of computations, the Contractor shall submit to the COTR two (2) copies of plat showing such lines and grades with a registered professional surveyor’s certification of their correctness.

2.

3.

H.29 WALL CHECK: A. After foundations are in place and walls have been defined, but before additional construction and work is effected, the Contractor shall cause a wall check to be made by the same registered professional surveyor who established the building lines and property lines. The Contractor shall obtain certification by the D.C. Surveyor’s Office of the location of the foundation walls by submitting his registered professional surveyor’s certification prior to proceeding with construction.

B.

H.30 INTERFERENCE: (Mechanical Equipment, Piping, Ducts and Electric Conduits) A. The Contractor shall coordinate all mechanical and electrical work associated with the separate sections of the specifications with work of all other trades so as to avoid any interference with installation of pipes, ducts and conduits. 1. The sizes and locations of the pipes, ducts, electrical conduits and the method of running them are shown on the drawings, but it is not intended to show every offset and fittings or every architectural or structural obstacle that will be encountered during the installation of the work. The

35

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 Contractor shall modify alignment of pipes, ducts and conduits from that shown on the contract drawings, where necessary, without any additional costs to the District. 2. The Contractor shall furnish such materials and labor, as necessary, to make the piping, ducts and conduit modifications as required, due to building obstructions and to 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 and specifications. The Contractor is responsible for the reproduction or otherwise obtaining all contract 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 required under H.37.

H.32 PHOTOGRAPHS: Finished Project Photographs: After building has been constructed, site cleaned up and project is ready 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 the photo 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 costs and times for purpose of making equitable adjustments under Section 4383, CHANGES, of the Standard Contract Provisions, General Provisions section. Unless otherwise specifically provided in the contract, the following procedure shall be used: 1. Where the nature of the change is known sufficiently in advance of construction to permit negotiation, the parties shall attempt to agree on a fully justifiable price adjustment or adjustment of time for completion. If the parties fail to agree upon an equitable adjustment prior to the time

B.

2.

36

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 the proposed change 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 of time or other reasons, the Contracting Officer will order the change in accordance with Article 3 of the General Provisions and the Contractor shall proceed with the execution of the work so changed.
C.

Equitable adjustments shall be determined in the following manner, unless otherwise specifically stated in the contract. 1. Whenever a change is proposed or directed, the Contractor shall submit a proposal or breakdown within fifteen (15) days of its receipt of the change, and the proposal will be acted upon promptly by the Contracting Officer. Price Adjustments 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 are made available and that such costs are reasonable and predicated on construction procedures normally utilized for the work in question. If not, then payment shall be based on standard trade estimating practice. Where basis of equitable adjustments is the actual cost incurred in performing changed 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. ii. iii. iv. v. vi. vii. viii. c. Material quantities and unit prices Labor hours and basic hourly rate for each labor classification Fringe benefits rate for each classification Construction equipment Overhead Profit Commission FICA, FUTA and DUTA (applied in basic hourly wage costs).

2.

b.

The Contractor shall furnish substantiation of fringe benefits, workmen compensation, FICA, DUTA, FUTA and State unemployment taxes at the request of the District. The percentage for overhead, profit and commission to be allowed shall in no case exceed the following and shall be considered to include, but not limited to, insurance, other than mentioned herein, field and office supervisor and assistants above the level of 37

d.

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 foreman, incidental job burdens and general office expense, including field and home office. No percentage for overhead and profit will be allowed on FICA (Social Security), FUTA (Federal Unemployment and DUTA (District Unemployment) taxes:

Overhead 1. To Contractor on work Performed by other than his/her own forces. 2. To Contractor and/or Subcontractor for that portion of work performed by their respective forces. 10% work

Profit -

Commission 10% of value of

performed

10%

-

3. From Contractor on deleted deleted work to have been performed by other than his/her own forces. 4. From Contractor or deleted Subcontractor on deleted Work to have been performed by his/her own forces.

work

-

5% of value of

-

work

5%of value of

e.

When a change consists of both added work and deleted work, the applicable percentage shall be applied to the net cost or credit. Where more than one tier of subcontractors exists, they shall be treated as one subcontractor for purposes of markups. That is, only one overhead and one profit percentage for the subcontractors and one commission percentage for the prime Contractor shall be applied to actual cost of work performed regardless of the number of tiers of subcontractors.

f.

3.

Changes in the period of performance: Where a change affects the time required for the performance of the contract, the Contractor shall describe in detail “cause and effect relationship” and how such change affects the specific contract work activities, current critical path, overall performance or work, concurrency with other delays, and the final net impact on the contract milestone(s), specifically stating the proposed decrease or increase in the period of contract performance in calendar days. The changes in the contract period of performance, if any, resulting from

4.

38

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 change order work will be calculated in the following manner: a. New durations for work activities effected by the change order will be incorporated into the next computer printout. Time extensions will be directly based on the extent to which the contract completion date is hereby extended. Should new work activities be required to supplement existing activities, they will be incorporated into the computer printout to verify total effect, if any, on the contract completion date. Every attempt will be made to reach an agreement between the Contractor and the COTR on the number of days by which activity duration will be extended. Should an agreement not be reached within fifteen (15) days after Contractor receives the directive, the COTR will assign a reasonable duration to be used in determination of job progress.

b.

c.

D.

If performance of the work is delayed by any of the causes specified in Section 4383-97 of the General Provisions, TERMINATION, of Standard Contract Provisions. 1. The Contractor, when requesting an extension to the contract period of performance, must submit the same in writing with supporting facts and backup documentation plus a detailed explanation that must include, but be not limited to, the following: a. b. c. d. Reasons/cause and responsibility of each delay Inclusive dates of each delay Specific trades affected Portion (s) of each work contract activity affected and the duration thereof Status of work activity affected before delay commenced Concurrency of any other delays, including Contractor’s own Net effect of each delay under this request, on the overall contract completion In the case of late delivery of materials and/or equipment, back up date, correspondence and documentation should include but not be

e. f. g.

h.

39

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 limited to the following: establishment that prior to ordering there was a reasonable assurance of timely supply; copies of each purchase order establishing the dates of procurement, invoices, delivery receipts and the like showing shipping or delivery dates; and copy of correspondence showing diligent attempts to follow ups to obtain materials when critically needed from other sources. 2. All documentation should demonstrate that any delay was unforeseeable and without the fault or negligence of the Contractor, subcontractor or supplier involved. The Contractor will be entitled only to the additional number of days the project is delayed which is not concurrent with another delay for which a time extension has been granted or for which a valid request has been submitted. In case of delays due to strikes, documentation shall include evidence of when and what trades struck, with reasons for the strike, prompt submittal of notice when the strike was ended and the date thereof, analysis of the effect of the strike on the completion of the contract work. In case of delays due to unusually severe weather, documentation shall include daily temperature and precipitation records for each period of delay involved and explanation of delaying effect, including number of days that the construction activities on the current critical path at the time were actually delayed, including any extended impact, beyond the normal anticipated days of delay due to the weather conditions.

3.

4.

E.

COST AND PRICING DATA (applicable to a Change Order or Modification) : 1. Unless otherwise provided in the solicitation, the Contractor shall, before negotiating any price adjustments pursuant to a change order or modification, submit cost or pricing data and certification that, to the best of the Contractor’s knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of the date of negotiation of the change order or modification. If any price, including profit or fee, negotiated in connection with any change order or contract modification, was increased by any significant amount because (1) the Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified by the Contractor, (2) a subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified by the Contractor, or (3) any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction.

2.

40

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 3. Cost or pricing data includes all facts as of the time of price agreement that prudent buyers and sellers would reasonably expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental, and are therefore verifiable. While they do not indicate the accuracy of the prospective Contractor’s judgment about estimated future costs or projections, cost or pricing data do include the data forming the basis for that judgment. Cost or pricing data are more than historical accounting data; 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 costs already incurred. The following specific information should be included as cost or pricing data, as applicable: (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 on costs. 5. If the Contractor is required to submit cost or pricing data in connection with pricing any change order or modification of this contract, the Contracting Officer or representatives of the Contracting Officer shall have the right to examine all books, records, documents and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the change order or modification, in order to evaluate the 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 the cost or pricing data submitted, along with the computations and projections used. Contractor shall make available at its office at all reasonable times the materials described above for examination, audit, or reproduction until three years after the later of: (a) final payment under the contract; (b) final termination settlement; or

4.

41

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 (c)the final disposition of any appeals under the disputes clause or of litigation or 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 accordance with the Safety Code of the DC Minimum Wage and Industrial Safety Board and so that the work may be inspected by COTR. The Contractor shall not erect scaffolds until required to be ready for use. The COTR will inspect the work upon the Contractor’s advising of completion of contract requirements, and the Contractor shall promptly remove the scaffolding upon acceptance of the work. Wherever possible, the Contractor shall use swinging scaffolds for exterior work under this contract. Where swinging scaffolds are not practicable, the Contractor will be permitted to use other types of scaffolds provided: 1. The Contractor shall prepare a list of areas and give the types of scaffold(s) he will use for each area. The list shall be submitted not later than ten (10) calendar days after the contract is awarded.

B. C.

D.

E.

2.

H.35 EXISTING EQUIPMENT REMAINING IN USE: (Where applicable) A. During the contract term, D. C. Government personnel will maintain any existing equipment that remains temporarily operational. The Contractor shall coordinate with the COTR the time for removal of equipment in order to permit the District to salvage components for use on equipment remaining in use.

B.

H.36 TESTING AND CARE OF DRAINAGE FACILITIES: A. Prior to commencement of work under the contract, the Contractor shall conduct tests to ascertain the condition of existing drainage lines in accordance with the following requirements: 1. On projects where work is to be executed in the area of roof drains and areaways drains, the Contractor shall conduct a hose test on each drain

42

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 line using a ¾ inch inside diameter 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 such as yard drains, curb drains and catch basins, the Contractor shall conduct a hose test using a fire hose under pressure from a fire hydrant. On projects where new work is to be connected to existing drainage lines, the Contractor shall conduct a test on each line affected to ascertain that the lines are clear and will handle their full capacity. Test shall be conducted with any apparatus that will establish the rate of flow. 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 the plumbing section of these specifications.

3.

4.

B.

All testing shall be performed in the presence of the Project Inspector and COTR. The Contractor shall notify the COTR two (2) working days in advance of the testing. The Contractor shall promptly notify the COTR in writing of any existing drain lines found to be 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 Contract Provisions, General Provisions section. Subsequent to proof of line clearance, the Contractor will be held responsible for maintaining all lines in clear and clean condition and shall remedy any deficiencies that may occur at no cost to the District until the final acceptance date of the contract. Just prior to final acceptance in order to demonstrate clearance, the Contractor shall repeat the tests as specified in subparagraph A (1), (2) and (3).

C.

D.

E. H.37 AS-BUILT DRAWINGS: 1. As-built drawings shall be provided as described in the project specifications that will be prepared by the architect.

H.38 INSPECTOR’S OFFICE: Not Required H.39 51% DISTRICT RESIDENTSNEW HIRES/FIRST SOURCE EMPLOYMENT AGREEMENT: 43

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

H.39.1

The Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code, sec. 2-219.01 et seq. (“First Source Act”). The Contractor shall enter into and maintain, during the term of the contract, a First Source Employment Agreement, Attachment J.5, in which the Contractor shall agree that: 1. The first source for finding employees to fill all jobs created in order to perform this contract shall be the Department of Employment Services (“DOES”); and The first source for finding employees to fill any vacancy occurring in all jobs covered by the First Source Employment Agreement shall be the First Source Register.

H.39.2

2.

H.39.3

The Contractor shall submit to DOES, no later than the 10th each month following execution of the contract, a First Source Agreement Contract Compliance Report (“contract compliance report”) verifying its compliance with the First Source Agreement for the preceding month. The contract compliance report for the contract shall include the: 1. 2. 3. Number of employees needed; Number of current employees transferred;

Number of new job openings created; 4. 5. Number of job openings listed with DOES; Total number of all District residents hired for the reporting period and the cumulative total number of District residents hired; and Total number of all employees hired for the reporting period and the cumulative total number of employees hired, including;

2.

a. b. c. d. e. f.

Name; Social Security number; Job title; Hire date; Residence; and Referral source for all new hires.

44

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 H.39.4 If the contract amount is equal to or greater than $100,000.00, the Contractor agrees that 51% of the new employees hired for the contract shall be District residents. With the submission of the Contractor’s final request for payment from the District, the Contractor shall: 1. Document in a report to the Contracting Officer its compliance with the section H.39.4 of this clause; or Submit a request to the Contracting Officer for a waiver of compliance with section H.39.4 and include the following documentation: a. b. c. Material supporting a good faith effort to comply; Referrals provided by DOES and other referral sources; Advertisement of job openings listed with DOES and other referral sources; and Any documentation supporting the waiver request pursuant to section H.39.6.

H.39.5

2.

d.

H.39.6

The Contracting Officer may waive the provisions of section H.39.4 if the Contracting Officer finds that: a. b. A good faith effort to comply is demonstrated by the Contractor; The Contractor is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Area which includes the District of Columbia; the Virginia Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpepper, Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia Counties of Berkeley and Jefferson. The Contractor enters into a special workforce development training or placement arrangement with DOES; or DOES certifies that there are insufficient numbers of District residents in the labor market possessing the skills required by the

c.

d.

45

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 positions created as a result of the contract. H.39.7 Upon receipt of the Contractor’s final payment request and related documentation pursuant to sections H.39.5 and H.39.6, the Contracting Officer shall determine whether the Contractor is in compliance with section H.39.4 or whether a waiver of compliance pursuant to section H.39.6 is justified. If the Contracting Officer determines that the Contractor is in compliance, or that a waiver of compliance is justified, the Contracting Officer shall, within two business days of making the determination forward a copy of the determination to the Agency Chief Financial Officer (CFO) and the COTR. Willful breach of the First Source Employment Agreement, or failure to submit the report pursuant to section H.39.5, or deliberate submission of falsified data, may be enforced by the Contracting Officer through imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract. The Contractor shall make payment to DOES. The Contractor may appeal to the D.C. Contract Appeals Board as provided in the contract any decision of the Contracting Officer pursuant to this section H.39.8. The provisions of sections H.39.4 through H.39.8 do not apply to nonprofit organizations.

H.39.8

H.39.9

H.40 AUDITS, RECORDS, AND RECORD RETENTION: H.40.1 At any time or times before final payment and three (3) years thereafter, the Contracting Officer may have the Contractor’s invoices or vouchers and statements of cost audited. Any payment may be reduced by amounts found by the Contracting Officer not to constitute allowable costs as adjusted for prior overpayment or underpayment. In the event that all payments have been made to the Contractor by the District Government and an overpayment is found, the Contractor shall reimburse the District for said overpayment within thirty (30) days after written notification. The Contractor shall establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the District under the contract that results from this solicitation. The Contractor shall retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the contract for a period of five (5) years after termination of the contract, or if an audit has been initiated and

H.40.2

H.40.3

46

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of the contract. H.40.4 The Contractor shall assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, District, or other personnel duly authorized by the Contracting Officer. Persons duly authorized by the Contracting Officer shall have full access to and the right to examine any of the Contractor’s contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. The Contractor shall include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.

H.40.5

H.40.6

H.41 PUBLICITY: The Contractor shall at all times obtain the prior written approval from the Contracting Officer before the Contractor, any of its officers, agents, employees or subcontractor, either during or after expiration or termination of the contract, make any statement, or issue any material, for publication through any medium of communication, bearing on the work performed or data collected under this contract. H.42 FREEDOM OF INFORMATION ACT: The District of Columbia Freedom of Information Act, at D.C. Official Code § 2532 (a-3), requires the District to make available for inspection and copying any record produced or collected pursuant to a District contract with a private Contractor to perform a public function, to the same extent as if the record were maintained by the agency on whose behalf the contract is made. If the Contractor receives a request for such information, the Contractor shall immediately send the request to the COTR designated in subsection G.8 who will provide the request to the FOIA Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom of Information Act. If the agency with programmatic responsibility receives a request for a record maintained by the Contractor pursuant to the contract, the COTR will forward a copy to the Contractor. In either event, the Contractor is required by law to provide all responsive records to the COTR within the timeframe designated by the COTR. The FOIA Officer for the agency with programmatic responsibility will determine the reliability of the records. The District will reimburse the Contractor for the costs of searching and copying the records in accordance with D.C. Official Code § 2-532 and Chapter 4 of Title 1 of the D.C. Municipal

47

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 Regulations. H.43 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA): During the performance of the contract, the Contractor and any of its subcontractors shall comply with the ADA. The ADA makes it unlawful to discriminate in employment against a qualified individual with a disability. See 42 U.S.C. 12101 et seq. H.44 SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED: During the performance of the contract, the Contractor and any of its subcontractors shall comply with Section 504 of the Rehabilitation Act of l973, as amended. This Act prohibits discrimination against disabled people in federally funded program and activities. See 29 U.S.C. 794 (l983) et seq.

48

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 SECTION I: CONTRACT CLAUSES I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS I.1.1 The District of Columbia Public Library is utilizing the attached AIA contract documents (Attachment J.1.1), the District of Columbia Procurement Practices Act of 1985, as amended, and Title 19 of the District of Columbia Municipal Regulations, as amended, are incorporated as part of the contract resulting from this solicitation.

I.2

CONTRACTS THAT CROSS FISCAL YEARS I.2.1 Continuation of this contract beyond the fiscal year is contingent upon future fiscal appropriations.

I.3

CONFIDENTIALITY OF INFORMATION I.3.1 All information obtained by the Design-Builder relating to any employee of the District or customer of the District shall be kept in absolute confidence and shall not be used by the Design-Builder in connection with any other matters, nor shall any such information be disclosed to any other person, firm, or corporation, in accordance with the District and Federal laws governing the confidentiality of records.

I.4

TIME I.4.1 Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise stated herein.

I.5

RESTRICTION ON DISCLOSURE AND USE OF DATA I.5.1 Offerors who include in their proposal data that they do not want disclosed to the public or used by the District Government except for use in the procurement process shall: 1.5.1.1 Mark the title page with the following legend: "This proposal includes data that shall not be disclosed outside the District Government and shall not be duplicated, used or disclosed in whole or in part for any purpose except for use in the procurement process. I.5.1.2 If however, a contract is awarded to this Offeror as a result of or in connection with the submission of this data, the District Government shall have the right to duplicate, use, or disclose the data to the extent 49

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 consistent with the District’s needs in the procurement process. This restriction does not limit the District’s rights to use, without restriction, information contained in this data if it is obtained from another source. The data subject to this restriction are contained in sheets (insert numbers or other identification of sheets). I.5.1.3 Mark each sheet of data it wishes to restrict with the following legend: “Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal." I.6 RIGHTS IN DATA I.6.1 “Data,” as used herein, means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. The term “Technical Data”, as used herein, means recorded information, regardless of form or characteristic, of a scientific or technical nature. It may, for example, document research, experimental, developmental or engineering work, or be usable or used to define a design or process or to procure, produce, support, maintain, or operate material. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents or computer printouts. Examples of technical data include research and engineering data, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information, and computer software documentation. Technical data does not include computer software or financial, administrative, cost and pricing, and management data or other information incidental to contract administration. The term “Computer Software”, as used herein means computer programs and computer databases. “Computer Programs”, as used herein means a series of instructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. "Computer Programs" include operating systems, assemblers, compilers, interpreters, data management systems, utility programs, sort merge programs, and automated data processing equipment maintenance diagnostic programs, as well as applications programs such as payroll, inventory control and engineering analysis programs. Computer programs may be either machine-dependent or machine-independent, and may be general purpose in nature or designed to satisfy the requirements of a particular user.

I.6.2

I.6.3

50

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 I.6.4 The term "computer databases", as used herein, means a collection of data in a form capable of being processed and operated on by a computer. All data first produced in the performance of this Contract shall be the sole property of the District. The Design-Builder hereby acknowledges that all data, including, without limitation, computer program codes, produced by DesignBuilder for the District under this Contract, are works made for hire and are the sole property of the District; but, to the extent any such data may not, by operation of law, be works made for hire, Design-Builder hereby transfers and assigns to the District the ownership of copyright in such works, whether published or unpublished. The Design-Builder agrees to give the District all assistance reasonably necessary to perfect such rights including, but not limited to, the works and supporting documentation and the execution of any instrument required to register copyrights. The Design-Builder agrees not to assert any rights in common law or in equity in such data. The Design-Builder shall not publish or reproduce such data in whole or in part or in any manner or form, or authorize others to do so, without written consent of the District until such time as the District may have released such data to the public. The District shall have restricted rights in data, including computer software and all accompanying documentation, manuals and instructional materials, listed or described in a license or agreement made a part of this contract, which the parties have agreed will be furnished with restricted rights, provided however, not withstanding any contrary provision in any such license or agreement, such restricted rights shall include, as a minimum the right to: I.6.6.1 Use the computer software and all accompanying documentation and manuals or instructional materials with the computer for which or with which it was acquired, including use at any District installation to which the computer may be transferred by the District; Use the computer software and all accompanying documentation and manuals or instructional materials with a backup computer if the computer for which or with which it was acquired is inoperative; Copy computer programs for safekeeping (archives) or backup purposes; and Modify the computer software and all accompanying documentation and manuals or instructional materials, or combine it with other software, subject to the provision that the modified portions shall remain subject to these restrictions.

I.6.5

I.6.6

I.6.6.2

I.6.6.3

I.6.6.4

51

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 I.6.7 The restricted rights set forth in section I.6.6 are of no effect unless (i) the data is marked by the Design-Builder with the following legend:

RESTRICTED RIGHTS LEGEND Use, duplication, or disclosure is subject to restrictions stated in Contract No.______________________________________________ With _____________________________________(Design-Builder’s Name) and

(ii)

If the data is computer software, the related computer software documentation includes a prominent statement of the restrictions applicable to the computer software. The Design-Builder may not place any legend on the computer software indicating restrictions on the District’s rights in such software unless the restrictions are set forth in a license or agreement made a part of the contract prior to the delivery date of the software. Failure of the Design-Builder to apply a restricted rights legend to such computer software shall relieve the District of liability with respect to such unmarked software.

I.6.8

In addition to the rights granted in Section I.6.9 below, the Design-Builder hereby grants to the District a nonexclusive, paid-up license throughout the world, of the same scope as restricted rights set forth in Section I.6.9 below, under any copyright owned by the Design-Builder, in any work of authorship prepared for or acquired by the District under this contract. Unless written approval of the contracting Officer is obtained, the Design-Builder shall not include in technical data or computer software prepared for or acquired by the District under this contract any works of authorship in which copyright is not owned by the DesignBuilder without acquiring for the District any rights necessary to perfect a copyright license of the scope specified in the first sentence of this paragraph. Whenever any data, including computer software, are to be obtained from a subcontractor under this contract, the Design-Builder shall use Section I.6 in the subcontract, without alteration, and no other clause shall be used to enlarge or diminish the District’s or the Design-Builder’s rights in that subcontractor data or computer software which is required for the District. For all computer software furnished to the District with the rights specified in Section I.6.5, the Design-Builder shall furnish to the District, a copy of the source code with such rights of the scope specified in Section I.6.5. For all computer software furnished to the District with the restricted rights specified in Section I.6.6, the District, if the Design-Builder, either directly or through a successor or

I.6.9

I.6.10

52

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 affiliate shall cease to provide the maintenance or warranty services provided the District under this contract or any paid-up maintenance agreement, or if DesignBuilder should be declared bankrupt or insolvent by the court if competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single copy of the then current version of the source code supplied under this contract, and a single copy of the documentation associated therewith, upon payment to the person in control of the source code the reasonable cost of making each copy. I.6.11 The Design-Builder shall indemnify and save and hold harmless the District, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this contract, or (ii) based upon any data furnished under this contract, or based upon libelous or other unlawful matter contained in such data. Nothing contained in this clause shall imply a license to the District under any patent, or be construed as affecting the scope of any license or other right otherwise granted to the District under any patent. Paragraphs I.6.6, I.6.7, I.6.8, I.6.11 and I.6.13 above are not applicable to material furnished to the Design-Builder by the District and incorporated in the work furnished under contract, provided that such incorporated material is identified by the Design-Builder at the time of delivery of such work

I.6.12

I.6.13

I.7

OTHER CONTRACTORS I.7.1 The Design-Builder shall not commit or permit any act that will interfere with the performance of work by another District Contractor or by any District employee.

I.8

FIRST SOURCE EMPLOYMENT AGREEMENT I.8.1 The Design-Builder shall maintain compliance with the terms and conditions of the First Source Employment Agreement J.2.3 executed between the District of Columbia and the Design-Builder throughout the entire duration of the contract, including option periods if any.

I.8.1.1 Residency Hiring Requirements for Contractors and Subcontractors At least fifty-one percent (51%) of the Offeror’s Team and every subconsultant’s employees hired after the Offeror enters into a contract with DCPL, or after such subconsultant enters into a contract with the

53

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 Offeror, to work on this project, shall be residents of the District of Columbia. Upon execution of the contract, the Offeror and all of its member firms, if any, and each of its subcontractors and sub consultants shall submit to DCPL a list of current employees that will be assigned to the project, the date that they were hired and whether or not they live in the District of Columbia. The Offeror shall comply with subchapter III of Chapter II of Title 1, and subchapter II of Chapter II of Title 1 of the D.C. Code, and all successor acts thereto and the rules and regulations promulgated thereunder. The Offeror and all member firms, subcontractors, tier subcontractors, sub consultants, and suppliers with contracts in the amount of $100,000 or more shall be required to comply with the following: (i) enter into a First Source Employment Agreement with the D.C. Department of Employment Services (“DOES”) upon execution of the contract; (ii) submit an executed First Source Agreement to DOES prior to beginning work on the project; (iii) make best efforts to hire at least 51% District residents for all new jobs created by the project; (iv) list all employment vacancies with DOES; (v) submit monthly compliance reports to DOES by the 10th of each month; (vi) at least 51% apprentices and trainees employed must be residents of the District registered in program approved by the D.C. Apprenticeship Council; and (vii) trade contractors and subcontractors with contracts in the amount of $500,000 or more must register an apprenticeship program with the D.C. Apprenticeship Council. I.8.1.2 Apprenticeship Act The D.C. Apprenticeship Act of D.C. Law 2-156, (“Act”) as amended shall apply to this project. All subcontractors selected to perform work on the project on a craft-by-craft basis shall be required to comply with this Act. All terms and conditions of the D.C. Apprenticeship Council Rules and Regulations shall be implemented. The Design-Builder shall be liable for any subcontractor non-compliance.

I.9

CONTINUITY OF SERVICES I.9.1 The Design-Builder recognizes that the services provided under this contract are vital to the District of Columbia and must be continued without interruption and that, upon contract expiration or termination, a successor, either the District Government or another contractor, at the District’s option, may continue to provide these services. To that end, the Design-Builder agrees to:

54

DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 I.9.1.1 I.9.1.2 Furnish phase-out, phase-in (transition) training; and Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

I.10

INSURANCE I.10.1 The Design-Builder will be required to maintain the following types of insurance throughout the life of the contract. I.10.1.1 Commercial general public liability insurance (“Liability Insurance”) against liability for bodily injury and death and property damage, such Liability Insurance to be in an amount not less than Five Million Dollars ($5,000,000) for liability for bodily injury, death and property damage arising from any one occurrence and Five Million Dollars ($5,000,000) from the aggregate of all occurrences within each policy year. The policy should include completed operations coverage. Workers’ compensation and Employers Liability coverage providing statutory benefits for all persons employed by the Design-Builder, or its contractors and subcontractors at or in connection with the Work. Automobile Liability, including Hired and Non-Owned Auto Liability in the amount of at least One Million Dollars ($1,000,000) for each occurrence for bodily injury and property damage. Excess umbrella liability coverage (on at least a follow form basis) which when combined with the general liability policy shall have an aggregate limit of at least Fifteen million dollars ($15,000,000.00). Builder’s risk insurance written on an “all risk” basis and covering the value of the improvements being constructed. This coverage does not need to be maintained until such time as construction operations begin. Additional Insured Each insurance policy shall be issued in the name of the DesignBuilder and shall name as additional insured parties DCPL and the District of Columbia, and shall not be cancelable or reduced without thirty (30) days prior written notice to DCPL. I.10.1.7 Waiver of Subrogation All such insurance shall contain a waiver of subrogation against DCPL and the District of Columbia, and their respective agents.

I.10.1.2

I.10.1.3

I.10.1.4

I.10.1.5

I.10.1.6

55

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

I.10.1.8

Strength of Insurer All insurance shall be placed with insurers that are reasonably acceptable to DCPL and with an A.M. Best’s rating of not less than A(Excellent) and a surplus size of not less than XV. All such insurers shall be licensed/approved to do business in the District of Columbia.

I.11

EQUAL EMPLOYMENT OPPORTUNITY I.11.1 In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity Information Report are incorporated herein as Attachment J.2.4. An award cannot be made to any Offeror who has not satisfied the equal employment requirements as set forth by the Department of Human Rights and Local Business Development.

I.12

BONDS I.12.1 Offerors shall submit bid, payment and performance bonds in accordance with the Form of Contract. I.12.2 Trade Subcontractor Bonds The Form of Contract will require that all trade subcontractors provide a payment and performance bond having a penal value equal to 100% of the cost of the trade subcontract. All such bonds shall be written on a dual-obligee basis.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 SECTION J: LIST OF ATTACHMENTS

J.1

The following list of attachments shall accompany to this Design / Build solicitation: J.1.1 J.1.2 J.1.3 J.1.4 J.1.5 J.1.6 J.1.7 J.1.8 Intentionally Not Included Intentionally Not Included General Move Scope Of Work (2 Pages) Tenley-Friendship Interim Plans- Minimum Design Requirements (19 Pages) Standard Shelving Specifications (1 Page) Standard Interim Library FF&E Specifications (4 Pages) Generic Interim Building Specifications (7 Pages) DC Office of the Chief Technology Officer (OCTO) Statement of Work (158 Pages)

J.2

The following forms must be completed by the offeror and submitted with its proposal: J.2.1 J.2.2 J.2.3 J.2.4 J.2.5 J.2.6 J.2.7 Offer Letter Wage Determination - General Decision Number DC120002 dated 07/06/2012 First Source Employment Agreement Equal Employment Opportunity Tax Affidavit Disclosure Statement Summary Evaluation of Design-Builder/Provider Past Performance (OCP form 4001) – Completed by at least three references Subcontracting Plan

J.2.8

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

J.3

ORDER OF PRECEDENCE Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) (b) (c) The Specifications in Section C of the solicitation; The District of Columbia Public Library Design-Builder Services Special Provisions; Other documents, exhibits, and attachments.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K.1 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JULY 1990): K.1.1 Definitions. As used in this provision: K.1.1.1 Controlled substance: means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15. Conviction: means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. Criminal drug statute: means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. Drug-free workplace: means the site(s) for the performance of work done by the Design-Builder in connection with a specific contract at which employees of the Design-Builder are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. Employee: means an employee of a Design-Builder directly engaged in the performance of work under a Government contract. “Directly engaged” is defined to include all direct cost employees and any other Design-Builder employee who has other than a minimal impact or involvement in contract performance. Individual: means an Offeror/Contractor that has no more than one employee including the Offeror/Design-Builder.

K.1.1.2

K.1.1.3

K.1.1.4

K.1.1.5

K.1.1.6

K.1.2 By submission of its offer, the Offeror, if other than an individual, who is making an offer that equals or exceeds $25,000, certifies and agrees, that with respect to all employees of the Offeror to be employed under a contract resulting from this solicitation, it will - no later than 30 calendar days after contract award (unless a longer period is agreed to in writing), for contracts of 30 calendar days or more performance duration: or as soon as possible for contracts of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed:

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 K.1.2.1 Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Design-Builder's workplace and specifying the actions that will be taken against employees for violations of such prohibition; Establish an ongoing drug-free awareness program to inform such employees about the following: (i) (ii) The dangers of drug abuse in the workplace; The Design-Builder’s policy of maintaining a drug-free workplace; Any available drug counseling, employee assistance programs; and rehabilitation, and

K.1.2.2

(iii)

(iv)

The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

K.1.2.3

Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph K.1.2.1 of this provision; Notify such employees in writing in the statement required by subparagraph K.1.2.1 of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will: (i) (ii) Abide by the terms of the statement; and Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction;

K.1.2.4

K.1.2.5

Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision K.1.2.4 (ii) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; and Within 30 calendar days after receiving notice under subdivision K.1.2.4 (ii) of this provision of a conviction, takes one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

K.1.2.6

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

(i)

Take appropriate personnel action against such employee, up to and including termination; or Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency.

(ii)

K.1.2.7

Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs K.1.2.1 through K.1.2.6 of this provision.

K.1.3 By submission of its offer, the Offeror, if an individual who is making an offer of any dollar value, certifies and agrees that the Offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. K.1.4 Failure of the Offeror to provide the certification required by paragraphs K.1.2 through K.1.3 of this provision renders the Offeror unqualified and ineligible for award. K.1.5 In addition to other remedies available to the Government, the certification in paragraphs K.1.2 through K.1.3 of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. K.1.6 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE ______________________________________ _________________ Authorized Design-Builder Personnel (Print Name) Title ______________________________________ __________________ Signature of Authorized Design-Builder Personnel Date

K.2

TAX CERTIFICATION K.2.1 Each Offeror must submit with its offer, a sworn Tax Certification Affidavit incorporated herein as Attachment J.2.5.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 K.3 AUTHORIZED NEGOTIATORS K.3.1 The Offeror represents that the following persons are authorized to negotiate on its behalf with the District in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators). __________________________________________________________________ __________________________________________________________________ __________________________________________________________________

K.4

TYPE OF BUSINESS ORGANIZATION K.4.1 The Offeror, by checking the applicable box, represents that: (a) It operates as: _____ a corporation incorporated under the laws of the State of ________________ _____ an individual, _____ a partnership _____ a nonprofit organization, or _____ a joint venture; or (b) If the Offeror is a foreign entity, it operates as: _____ an individual _____ a joint venture, or _____ a corporation registered for business in __________________ (Country)

K.5

CERTIFICATION AS TO COMPLIANCE WITH EQUAL OPPORTUNITY OBLIGATIONS K.5.1 Contracts”, dated June 10, 1985 and the Office of Human Rights’ regulations, Chapter 11, “Compliance with Equal Employment Opportunity Requirements in Contracts", promulgated August 15, 1986 (4 DCMR Chapter 11, 33 DCR 4952) are included as a part of this solicitation and require the following certification for contracts subject to the order. Failure to complete the certification may result in rejection of the Offeror for a contract subject to the order. I hereby certify that I am fully aware of the content of the Mayor’s Order 85-85 and the Office of Human Rights’ regulations, Chapter 11, and agree to comply with them in performance of this contract.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 Offeror_______________________________Date_______________ Name_______________________________ Title_________________ Signature____________________________________________ K.5.2 Offeror ____has ____has not participated in a previous contract or subcontract subject to the Mayor’s Order 85-85. Offeror____has ____has not filed all required compliance reports, and representations indicating submission of required reports signed by proposed subofferors. (The above representations need not be submitted in connection with contracts or subcontracts, which are exempt from the Mayor’s Order.) K.6 WALSH-HEALY ACT K.6.1 If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed $10,000, and is subject to the Walsh-Healey Public Contracts Act, as amended (41 U.S.C. 35-45), the following terms and conditions apply:

(a)

All representations and stipulations required by the Act and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These representations and stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect. All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and handicapped workers may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under Section 14 of the Fair Labor Standards Act (41 U.S.C. 40).

(b)

K.6.2 If your offer is $10,000, or more, the following information MUST be furnished: (c) Regular Dealer _________ _________ (d) Manufacturer The Offeror is a Regular Dealer. The Offeror is not a Regular Dealer.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 _________ _________ The Offeror is a Manufacturer. The Offeror is not a Manufacturer.

K.7

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION K.7.1 Each signature of the Offeror is considered to be a certification by the signatory in accordance with D.C. Code 1183.16that: 1) The prices in this Contract have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any Offeror or competitor relating to: (i) (ii) (iii) those prices the intention to submit a Contract, or the methods or factors used to calculate the prices in the Contract;

2) The prices in this Contract have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before Contract opening unless otherwise required by law; and 3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit a Contract for the purpose of restricting competition. K.7.2 Each signature on the offer is considered to be a certification by the signatory that the signatory; 1) Is the person in the Offeror’s organization responsible for determining the prices being offered in this Contract, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or 2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above: ______________________________________________________ (insert full name of person(s) in the organization responsible for determining the prices offered in this Contract and the title of his or her position in the Offeror’s organization);

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(I) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and As an agent, has not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above.

(iii)

K.7.3 If the Offeror deletes or modifies subparagraph (a) (2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS L.1 PRE-PROPOSAL CONFERENCE L.1.1 A Pre-Proposal Conference will be held on Tuesday, August 21, 2012 beginning at 10:00 a.m. at the West End Library located at 1101 24th Street Northwest Washington, D.C. The purpose of the conference is to provide a structured and formal opportunity for the District to accept questions from offerors on the SOLICITATION document as well as to clarify the contents of the SOLICITATION. This conference will be held directly after the site walk through listed below. A site walk through will be held on Tuesday, August 21, 2012 beginning at 9:00 am at the interim site. The address is 2311 M Street NW, Lower Level. L.1.2 Impromptu questions will be permitted and spontaneous answers will be provided at the District's discretion. Verbal answers given at the preproposal conference are only intended for general discussion and do not represent the DC Public Library’s final position. The prospective Offeror shall submit questions no later than Firday, August 24, 2012 (5:00pm) in order to generate an answer. Official answers will be provided in writing and listed on the DCPL Business Opportunities website under solicitation number DCPL-2012-R-0006 titled “Design/Build West End Interim Library answers to questions” No questions will be answered after Friday, August 24, 2012 (5:00pm). L.2 CONTRACT AWARD

L.2.1 Most Advantageous to the District The District may award a single or multiple contract(s) resulting from this solicitation to the responsible Offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the District, cost or price, technical and other factors, specified elsewhere in this solicitation considered. L.2.2 Initial Offers The District may award contracts on the basis of initial offers received, without discussion. Therefore, each initial offer should contain the Offeror’s best terms from a standpoint of cost or price, technical and other factors.

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

L.3

PROPOSAL FORM, ORGANIZATION AND CONTENT

L.3.1 This section outlines specific information necessary for the proper organization and manner in which Offerors’ Proposals should be proffered. References are made to other sections in this RFP for further explanation. L.3.1.1 Submission Identification Submissions shall be proffered in an original and five (5) copies. The Offeror’s submission shall be placed in a sealed envelope conspicuously marked: “Proposal for Design / Build Services for the West End Interim Library.” L.3.1.2 Delivery or Mailing of Submissions Submissions should be delivered or mailed to: Wayne R. Minor, Chief Procurement Officer District of Columbia Public Library 901 G Street, NW Washington, D.C. 20001 Phone: (202) 727-4800

L.3.1.3

Date and Time for Receiving Submissions Submissions shall be received no later than 2:00 pm E.D.T., on Monday, September 10, 2012. The Offeror assumes the sole responsibility for timely delivery of its Submission, regardless of the method of delivery.

L.3.1.4

Submission Size, Organization and Offeror Qualifications All submissions shall be submitted on 8-1/2” x 11” bond paper and typewritten. Telephonic, telegraphic, and facsimile submissions shall not be accepted. DCPL is interested in a qualitative approach to presentation material. Brief, clear and concise material is more desirable than quantity. The submission shall not exceed 30 surfaces (either 30 single sided pages or 15 double sided pages). The submission shall be organized as follows:

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 L.31.5 Offer Letter Each Offeror shall submit an offer letter substantially in the form of Attachment J.2. Material deviations, in the opinion of DCPL, from the offer form shall be sufficient to render the proposal non-responsive. L.3.1.6 Disclosure Form Each Offeror shall submit a Disclosure Statement substantially in the form of Attachment J.2.6. L.3.1.7 Executive Summary Each Offer should provide a summary of no more than three pages of the information contained in the following sections. L.3.1.8 General Team Information and Firm(s) Data Each Offeror should provide the following information for the principal design build firm and each of its subconsultants. A. Name(s), address(es), and role(s) of each firm (including all subconsultants and subcontractors) B. Firm profile(s), including: i. ii. iii. iv. v. Age Firm history(ies) Firm size(s) Areas of specialty/concentration Current firm workload(s) projected over the next two years

C. Description of the team organization and personal qualifications of key staff, including: i. Identification of the single point of contact for the DesignBuilder. Organizational chart illustrating reporting lines and names and titles for key participants proposed by the team.

ii.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 iii. Resumes for each key participant on the team, including definition of that person’s role, relevant project experience, and current workload over the next two years.

L.3.1.9

Relevant Experience and Capabilities A. List all projects that the team members have worked on in the last 5 years that are similar to this project. For purposes of this paragraph, similar shall mean library or civic association/municipal building construction projects where the contract value is up to $1 million dollars. For purposes of this requirement, “construction services” means a project where the Offeror or a team member served as a construction manager, general contractor or construction manager at-risk or design-builder where the Offeror or team member held the trade subcontracts. For purposes of this requirement, “construction services” does not include projects where the Offeror or team member acted as owner’s representative, program manager or construction advisor. This information may be provided in an overview matrix format or brief list; however, it should include the name and location of the facility, the name of the owner, the time frame of the project, the original budget for the project, and whether the project was delivered on-time and onbudget. If a project was not delivered on-time or on budget, a brief description of the reasons should be provided. B. Detailed descriptions of no more than eight (8) projects that best illustrate the team’s experience and capabilities relevant to this project. On each project description, please provide all of the following information in consistent order: i. ii. Project name and location Name, address, contact person and telephone number for owner reference Brief project description including project cost, square footage, firm’s scope of work, and key firm strengths exhibited Identification of personnel involved in the selected project who are proposed to work on this project Project process and schedule data including construction delivery method, and construction completion date (any

iii.

iv.

vi.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 unusual events or occurrences that affected the schedule should be explained) vii. Construction cost data including pre-construction budget, and actual construction cost (if actual construction cost exceeds original, please explain why). Offeror should submit Contractor Past Performance Evaluation form (Attachment J.8) from three references.

viii.

L.3.1.10

Construction Management Plan Each Offeror should submit a Construction Management Plan that addresses the issues set forth in Section M.3.1.3 of this RFP.

L.3.1.11

Preliminary Construction Schedule Each Offeror should prepare a preliminary construction schedule that shows how the Offeror intends to complete the project in a timely manner. The schedule should be prepared using a critical path method and should show key logic ties and activity durations. The schedule should demonstrate that the Offeror understands the project and has a workable method to deliver the project in a timely manner.

L.3.1.12

Cost Information The Offeror should submit the Offer Letter in substantially the form of Attachment J.2.

L.3.1.13

Local Business Utilization Plan Each Offeror must submit a proposed Local Business Utilization Plan that identifies the specific certified business enterprises that will participate in the contract and their anticipated roles. In addition, each Offeror should provide: (i) a narrative description of similar projects and the Offeror’s success in meeting such goals; and (ii) a chart, in summary form, that identifies the Offeror’s major public projects over the last five years and its success in achieving such goals (creativity should be displayed regarding joint-venture and subcontractor agreements). Offeror should complete and submit Sub Contracting Plan - Attachment J.2.8

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 L.3.1.14 Tax Affidavit Each Offeror must submit a tax affidavit substantially in the form of Attachment J.2.5 In order to be eligible for this procurement, Offerors must be in full compliance with their tax obligations to the District of Columbia government.

L.4

PROPOSAL SUBMISSION DATE AND TIME, AND LATE SUBMISSIONS, LATE MODIFICATIONS, AND LATE WITHDRAWALS L.4.1 Proposal Submission Proposals must be submitted no later than 2:00 p.m. local time on Monday, September 10, 2012. Proposals, modifications to proposals, or requests for withdrawals that are received in the designated District office after the exact local time specified above, are "late" and shall be considered only if they are received before the award is made and one (1) or more of the following circumstances apply: a. The proposal or modification was sent by registered or certified mail not later than the fifth (5th) calendar day before the date specified for receipt of offers; b. The proposal or modification was sent by mail and it is determined by the Contracting Officer that the late receipt at the location specified in the solicitation was caused solely by mishandling by the District. c. The offer is the only offer received. L.4.2 Postmarks The only acceptable evidence to establish the date of a late proposal, late modification or late withdrawal sent either by registered or certified mail shall be a U.S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service. If neither postmark shows a legible date, the proposal, modification or request for withdrawal shall be deemed to have been mailed late. When the postmark shows the date but not the hour, the time is presumed to be the last minute of the date shown. If no date is shown on the postmark, the proposal shall be considered late unless the Offeror can furnish evidence from the postal authorities of timely mailing.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 L.4.3 Late Modifications A late modification of a successful proposal, which makes its terms more favorable to the District, shall be considered at any time it is received and may be accepted. L.4.4 Late Proposals A late proposal, late modification or late request for withdrawal of an offer that is not considered shall be held unopened, unless opened for identification, until after award and then retained with unsuccessful offers resulting from this solicitation. L.5 EXPLANATION TO PROSPECTIVE OFFERORS L.5.1 If a prospective Offeror has any questions relative to this solicitation, the prospective offeror shall submit the question in writing to the Contact Person, identified on page one, in writing. The prospective Offeror shall submit questions no later than 10 calendar days prior to the closing date and time indicated for this solicitation. The District will not consider any questions received less than ten calendar days before the date set for submission of proposal. The District will furnish responses promptly to all other prospective Offerors. An amendment to the solicitation will be issued if that information is necessary in submitting offers, or if the lack of it would be prejudicial to any other prospective Offerors. Oral explanations or instructions given before the award of the contract will not be binding. L.6 FAILURE TO SUBMIT OFFERS L.6.1 Recipients of this solicitation not responding with an offer should not return this solicitation. Instead, they should advise the DCPL Office of Procurement, Chief Procurement Officer, by letter or postcard whether they want to receive future solicitations for similar requirements. It is also requested that such recipients advise the DCPL Chief Procurement Officer, of the reason for not submitting a proposal in response to this SOLICITATION. If a recipient does not submit an offer and does not notify the DCPL Chief Procurement Officer, that future solicitations are desired, the recipient's name may be removed from the applicable mailing list.

L.7

PROPOSAL PROTESTS L.7.1 Any actual or prospective bidder, Offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract, must file with the D.C. Contract Appeals Board (Board) a protest no later than 10 business days after the basis of protest is known or should have been known, whichever is earlier. A

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 protest based on alleged improprieties in a solicitation which are apparent prior to the time set for receipt of initial proposals shall be filed with the Board prior to offer opening or the time set for receipt of initial proposals. In procurements in which proposals are requested, alleged improprieties which do not exist in the initial solicitation, but which are subsequently incorporated into this solicitation, must be protested no later than the next closing time for receipt of proposals following the incorporation. The protest shall be filed in writing, with the Contract Appeals Board, 717 14th Street, N.W., Suite 430, Washington, D.C. 20004. The aggrieved person shall also mail a copy of the protest to the Contracting officer for the solicitation. L.8 UNNECESSARILY ELABORATE PROPOSALS L.8.1 Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the Offeror's lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor desired L.9 RETENTION OF PROPOSALS L.9.1 All submissions shall be retained by DCPL and therefore shall not be returned to the Offerors. With the exception of proprietary financial information, the submissions shall become the property of DCPL and DCPL shall the right to distribute or use such information as it determines. L.10 PROPOSAL COSTS L.10.1 The District is not liable for any costs incurred by the Offerors' in submitting proposals in response to this solicitation. L.11 ACKNOWLEDGMENT OF AMENDMENTS L.11.1 The offeror shall acknowledge receipt of any amendment to this solicitation by (a) signing and returning the amendment; (b) by identifying the amendment number and date in the space provided for this purpose in Section K of the solicitation; or (c) by letter or telegram including mailgrams. The District must receive the acknowledgment by the date and time specified for receipt of offers. Offerors' failure to acknowledge an amendment may result in rejection of the offer. L.11.1.1 Examination of Submissions Offerors are expected to examine the requirements of all instructions (including all amendments, addenda, attachments and exhibits) in this

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 RFP. Failure to do so shall be at the sole risk of the Offeror and may result in disqualification.

L.12

ACCEPTANCE PERIOD L.12.1 The Offeror agrees that its offer remains valid for a period of 90 days from the solicitation's closing date.

L.13

BEST AND FINAL OFFERS L.13.1 If, subsequent to receiving original proposals, negotiations are conducted, all Offerors within the competitive range will be so notified and will be provided an opportunity to submit written best and final offers at the designated date and time. Best and Final Offers will be subject to Late Submissions, Late Modifications and Late Withdrawals of Proposals provision of the solicitation. After receipt of best and final offers, no discussions will be reopened unless the Contracting Officer determines that it is clearly in the Government’s best interest to do so, e.g., it is clear that information available at that time is inadequate to reasonably justify Design-Builder selection and award based on the best and final offers received. If discussions are reopened, the Contracting Officer shall issue an additional request for best and final offers to all Offerors still within the competitive range.

L.14

LEGAL STATUS OF OFFEROR Each proposal must provide the following information: L.14.1 Name, Address, Telephone Number, Federal tax identification number and DUNS Number of Offeror; L.14.2 District of Columbia, if required by law to obtain such license, registration or certification. If the Offeror is a corporation or partnership and does not provide a copy of its license, registration or certification to transact business in the District of Columbia, the offer shall certify its intent to obtain the necessary license, registration or certification prior to contract award or its exemption from such requirements; and L.14.3 If the Offeror is a partnership or joint venture, names of general partners or joint ventures, and copies of any joint venture or teaming agreements. L.14.4 The District reserves the right to request additional information regarding the Offeror's organizational status.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 L.15 STANDARDS OF RESPONSIBILITY L.15.1 The prospective Design-Builder must demonstrate to the satisfaction of the District the capability in all respects to perform fully the contract requirements, therefore, the prospective Design-Builder must submit the documentation listed below, within five (5) days of the request by the District. L.15.1.1 Furnish evidence of adequate financial resources, credit or the ability to obtain such resources as required during the performance of the contract. Furnish evidence of the ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments. Furnish evidence of the necessary organization, experience, accounting and operational control, technical skills or the ability to obtain them. Furnish evidence of compliance with the applicable District licensing, tax laws and regulations. Furnish evidence of a satisfactory performance record, record of integrity and business ethics. Furnish evidence of the necessary production, construction and technical equipment and facilities or the ability to obtain them. If the prospective Design-Builder fails to supply the information requested, the Contracting Officer shall make the determination of responsibility or non-responsibility based upon available information. If the available information is insufficient to make a determination of responsibility, the Contracting Officer shall determine the prospective Design-Builder to be non-responsible.

L.15.2

L.15.3

L.15.4

L.15.5

L.15.6

L.15.7

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 SECTION M - EVALUATION FACTORS M.1 EVALUATION FOR AWARD M.1.1 The contract will be awarded to the responsible offeror whose offer is most advantageous to the District, based upon the evaluation criteria specified below. Thus, while the points in the evaluation criteria indicate their relative importance, the total scores will not necessarily be determinative of the award. Rather, the total scores will guide the District in making an intelligent award decision based upon the evaluation criteria. M. 2 EVALUATION CRITERIA M.2.1 DCPL shall evaluate the initial submissions and any subsequent best and final offers in accordance with the provisions of this Section M and DCPL’s Procurement Regulations. M.2.1.1 Evaluation Committee Each submission shall be evaluated in accordance with this Section M by an Evaluation Committee. The Evaluation Committee shall prepare a written report summarizing its findings and submit the same to the source selection official. Based on the information submitted by the Offerors in response to this RFP and the report prepared by the Evaluation Committee, the source selection official shall select the Offeror whose submissions are determined by the source selection official to be the most advantageous to DCPL. M.3 Proposal Evaluation M.3.1 Each proposal will be scored on a scale of 1 to 100 points based upon the criteria listed in the following parts of section M.3. In addition, Offerors will be eligible to receive up to 12 preference points as described in Section M.4 of this RFP for participation by Local, Small or Disadvantaged Business Enterprises. Thus, the maximum number of points possible is 112. The contract will be awarded to the Offeror with the highest evaluated score. M.3.1.1 Proposal, Experience & References (30 points) DCPL desires to engage a Design-Builder with the experience necessary to realize the objectives set forth in Section C of this RFP. Offerors will be evaluated based on their demonstrated experience (as required in section L) in (i) general construction projects in an urban setting; (ii) constructing library facilities and other retail Interim tenent

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 improvements and knowledge of such facilities; (iii) knowledge of, and access to, the local subcontracting market; and (iv) knowledge of the local regulatory agencies and Code Officials. If the Offeror is a team or joint venture of multiple companies, the Evaluation Panel will consider the experience of each member of the team or joint venture in light of their role in the proposed team or joint venture. This element of the evaluation will be worth up to thirty-five (35) points. M.3.1.2 Cost (25 points) Offerors will be required to offer Preconstruction Services Fee and a Construction Fee. In addition, Offerors will be required to complete a general conditions budget and to quote a maximum cost of general conditions. This element of the evaluation is worth up to twenty-five (25) points.

M.3.1.3

Construction Management Plan (20 Points) Offerors are required to submit a Construction Management Plan. The Construction Management Plan should clearly explain how the Design-Builder intends to manage and implement the Project. It should demonstrate a knowledge of the process and impediments that must be overcome and ensure that sufficient staffing will be provided. At a minimum, the plan should: (i) identify the key personnel and their specific roles in managing the Project; (ii) identify the key milestone dates and provide a description of how these dates will be achieved; (iii) provide a skeletal schedule of the work and the phasing of construction; (iv) describe the cost control management structures that will be used to ensure the Project is delivered on-budget; and (v) describe the key challenges inherent in this Project and explain how they will be overcome or mitigated. DCPL will also consider the experience that the Design-Builder and its team members have working together on similar projects. This element of the evaluation is worth up to twenty (20) points.

M.3.1.4

Key Personnel (15 points) DCPL desires that personnel be assigned to these projects that have experience in completing construction projects on-time and on-budget. The availability and experience of the key individuals assigned to this project will be evaluated as part of this element. This element of the evaluation will be worth up to fifteen (15) points.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 M.3.1.5 Preliminary Construction Schedule (10 points) Offerors should submit with their Construction Management Plan a schedule that shows the anticipated manner in which the Project will be constructed. The schedule should show sufficient level of detail so as to demonstrate the Offeror understands of the Project and the key issues related to the Project. This element of the evaluation is worth up to ten (10) points.

M.4 PREFERENCE M.4.1 Preference for Small, Local, and Disadvantaged Business Enterprises M.4.1.1 General: Under the provisions of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, D.C. Law 16-33 (codified at D.C. Code § 2-218.01 et seq.), preferences shall be given to Offerors that are certified by the Department of Small and Local Business Development as being a small business enterprise, having resident business ownership, having a longtime resident business, being a local business enterprise, being a disadvantaged business enterprise, or being a local business enterprise with its principal office located in an enterprise zone. (A copy of the certification acknowledgment letter must be submitted with the Offeror’s Proposal.) In accordance with these laws, the following preferences shall be awarded in evaluating an Offeror’s proposal: • • • • • • Three (3) preference points shall be awarded if the Offeror is certified as having a small business enterprise. Three (3) preference points shall be awarded if the Offeror is certified as having a resident business ownership. Ten (10) points shall be awarded if the Offeror is certified as having a longtime resident business. Two (2) preference points shall be awarded if the Offeror is certified as a local business enterprise. Two (2) preference points shall be awarded if the Offeror is certified as being a local business enterprise with its principal office located in an enterprise zone. Two (2) preference points shall be awarded if the Offeror is certified as a disadvantaged business enterprise.

Offerors may qualify for more than one of these categories, so that the maximum number of points available under this section is 12 points.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 M.4.1.2 Information: For information regarding the application process, contact the Department of Small and Local Business Development at the following address or telephone number: Department of Small and Local Business Development One Judiciary Square Building 441 4th Street, NW, 9th Floor Washington, DC 20001 (202) 727-3900 (Telephone Number) (202) 724-3786 (Facsimile Number)

M.4.2 SLDBE Participation M4.2.1 DCPL requires that significant participation by business enterprises certified by the Department of Small and Local Business Development as: (i) a local business enterprise; (ii) a small business enterprise; (iii) a disadvantaged business enterprise; (iv) having a owned resident business; (v) being a longtime business resident; or (vi) having a local business enterprise with its principal office located in an enterprise zone. Accordingly, and in addition to the preference points conferred by Section M, DCPL requires that business enterprises so certified must participate in at least 40% of the development. Of this amount, 30% must be awarded to entities that are certified as either Small or Disadvantaged Business Enterprises by the District of Columbia Local Business Opportunity Commission and 20% to entities that are certified as Disadvantaged Business Enterprises. Offerors will be required to submit a Local Business Enterprise Utilization Plan with their proposals. The Utilization Plan must demonstrate how this requirement will be met and, to the extent possible at this stage in the project, should identify the specific firms that will be used and their respective roles. DCPL encourages Offerors to include meaningful SLDBE participation by allowing a SLDBE certified business to oversee one of the Project sites. SLDBE certified businesses most own at least twenty five percent (25%) of the selected developer’s equity.

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 M.5 OPEN MARKET CLAUSES WITH 50% SBE SUBCONTRACTING SET ASIDE (CONSTRUCTION) Preferences for Local Businesses, Disadvantaged Businesses, Resident-owned Businesses, Small Businesses, Longtime Resident Businesses, or Local Businesses with Principal Offices Located in an Enterprise Zone Under the provisions of the “Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005” (the Act), Title II, Subtitle N, of the “Fiscal Year 2006 Budget Support Act of 2005”, D.C. Law 16-33, effective October 20, 2005, the District shall apply preferences in evaluating bids or proposals from businesses that are small, local, disadvantaged, resident-owned, longtime resident, or local with a principal office located in an enterprise zone of the District of Columbia.

M.5.1

General Preferences For evaluation purposes, the allowable preferences under the Act for this procurement are as follows:

M.5.1.1

Three percent reduction in the offer price or the addition of three points on a 100-point scale for a small business enterprise (SBE) certified by the Small and Local Business Opportunity Commission (SLBOC) or the Department of Small and Local Business Development (DSLBD), as applicable; Three percent reduction in the offer price or the addition of three points on a 100-point scale for a resident-owned business enterprise (ROB) certified by the SLBOC or the DSLBD, as applicable; Ten percent reduction in the offer price or the addition of ten points on a 100point scale for a longtime resident business (LRB) certified by the SLBOC or the DSLBD, as applicable; Two percent reduction in the offer price or the addition of two points on a 100point scale for a local business enterprise (LBE) certified by the SLBOC or the DSLBD, as applicable; Two percent reduction in the offer price or the addition of two points on a 100point scale for a local business enterprise with its principal office located in an enterprise zone (DZE) and certified by the SLBOC or the DSLBD, as applicable; and Two percent reduction in the offer price or the addition of two points on a 100point scale for a disadvantaged business enterprise (DBE) certified by the SLBOC or the DSLBD, as applicable.

M.5.1.2

M.5.1.3

M.5.1.4

M.5.1.5

M.5.1.6

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

M.5.2

Application of Preferences The preferences shall be applicable to prime contractors as follows:

M.5.2.1

Any prime contractor that is an SBE certified by the SLBOC or the DSLBD, as applicable, will receive a three percent (3%) reduction in the offer price for a offer submitted by the SBE in response to an Invitation for Bids (IFB) or the addition of three points on a 100-point scale added to the overall score for proposals submitted by the SBE in response to a Request for Proposals (RFP). Any prime contractor that is an ROB certified by the SLBOC or the DSLBD, as applicable, will receive a three percent (3%) reduction in the offer price for an offer submitted by the ROB in response to an IFB or the addition of three points on a 100-point scale added to the overall score for proposals submitted by the ROB in response to an RFP.

M.5.2.2

M.5.2.3

Any prime contractor that is an LRB certified by the SLBOC or the DSLBD, as applicable, will receive a ten percent (10%) reduction in the offer price for a offer submitted by the LRB in response to an IFB or the addition of ten points on a 100-point scale added to the overall score for proposals submitted by the LRB in response to an RFP. Any prime contractor that is an LBE certified by the SLBOC or the DSLBD, as applicable, will receive a two percent (2%) reduction in the offer price for a offer submitted by the LBE in response to an IFB or the addition of two points on a 100-point scale added to the overall score for proposals submitted by the LBE in response to an RFP. Any prime contractor that is a DZE certified by the SLBOC or the DSLBD, as applicable, will receive a two percent (2%) reduction in the offer price for a offer submitted by the DZE in response to an IFB or the addition of two points on a 100-point scale added to the overall score for proposals submitted by the DZE in response to an RFP. Any prime contractor that is a DBE certified by the SLBOC or the DSLBD, as applicable, will receive a two percent (2%) reduction in the offer price for a offer submitted by the DBE in response to an IFB or the addition of two points on a 100-point scale added to the overall score for proposals submitted by the DBE in response to an RFP.

M.5.2.4

M.5.2.5

M.5.2.6

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 M.5.3 Maximum Preference Awarded Notwithstanding the availability of the preceding preferences, the maximum total preference to which a certified business enterprise is entitled under the Act for this procurement is twelve percent (12%) for bids submitted in response to an IFB or the equivalent of twelve (12) points on a 100-point scale for proposals submitted in response to an RFP. There will be no preference awarded for subcontracting by the prime contractor with certified business enterprises. M.5.4 Preferences for Certified Joint Ventures When the SLBOC or the DSLBD, as applicable, certifies a joint venture, the certified joint venture will receive preferences as a prime contractor for categories in which the joint venture and the certified joint venture partner are certified, subject to the maximum preference limitation set forth in the preceding paragraph. M.5.5 M.5.5.1 Vendor Submission for Preferences Any vendor seeking to receive preferences on this solicitation must submit at the time of, and as part of its offeror proposal, the following documentation, as applicable to the preference being sought: Evidence of the vendor’s or joint venture’s certification by the SLBOC as an SBE, LBE, DBE, DZE, LRB, or RBO, to include a copy of all relevant letters of certification from the SLBOC; or Evidence of the vendor’s or joint ventures provisional certification by the DSLBD as an SBE, LBE, DBE, DZE, LRB, or RBO, to include a copy of the provisional certification from the DSLBD. Any vendor seeking certification or provisional certification in order to receive preferences under this solicitation should contact the: Department of Small and Local Business Development ATTN: LSDBE Certification Program 441 Fourth Street, N.W., Suite 970N Washington, DC 20001 M.5.5.3 All vendors are encouraged to contact the DSLBD at (202) 727-3900 if additional information is required on certification procedures and requirements.

M.5.5.1.1

M.5.5.1.2

M.5.5.2

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 M.5.6 M.5.6.1 Mandatory Subcontracting Requirement At least 50% of the dollar value of this construction contract, excluding the cost of materials, goods, and supplies, shall be subcontracted to SBEs. If there are insufficient qualified SBEs to fulfill the subcontracting requirement of the preceding paragraph, 50% of the dollar value, excluding the cost of materials, goods, and supplies, shall be subcontracted to local, small, or disadvantaged business enterprises. For the purposes of paragraph M.5.6.1 purchases from SBEs that provide materials, goods, and supplies may apply to the 35% requirement. For the purposes of paragraph M.5.6.2, purchases from local, small, or disadvantaged business enterprises that provide materials, goods, and supplies may apply to the 35% requirement. LBE, SBE, or DBE Prime Contractor Performance Requirements If an LBE, SBE, or DBE is selected as a prime contractor and is granted points or price reduction pursuant to the Act, that LBE, SBE, or DBE prime contractor shall perform at least 50% of the contracting effort, excluding the cost of materials, goods, and supplies, with its own organization and resources and, if it subcontracts, at least 50% of the subcontracted effort, excluding the cost of materials, goods, and supplies, shall be with LBEs, SBEs, or DBEs. If the total of the contracting effort, excluding the cost of materials, goods, and supplies, proposed to be performed by the LBE, SBE, or DBE is less than the amount required by the preceding paragraph, then the LBE, SBE, or DBE shall not be eligible to receive preference points or a price reduction for a period of not less than two years. Prime Contractor Performance Requirements Applicable to Joint Ventures If a certified joint venture is selected as a prime contractor and is granted points or price reduction pursuant to the Act, the LBE, SBE, or DBE partner of the joint venture shall perform at least 50% of the contracting effort, excluding the cost of materials, goods, and supplies, with its own organization and resources and, if the joint venture subcontracts, at least 50% of the subcontracted effort, excluding the cost of materials, goods, and supplies, shall be with LBEs, SBEs, or DBEs. If the total of the contracting effort, excluding the cost of materials, goods, and supplies, proposed to be performed by the LBE, SBE, or DBE is less than the amount required by the preceding paragraph, then the LBE, SBE, or DBE shall

M.5.6.2

M.5.6.3

M.5.6.4

M.5.7 M.5.7.1

M.5.7.2

M.5.8 M.5.8.1

M.5.8.2

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 not be eligible to receive preference points or a price reduction for a period of not less than two years. M.5.9 Performance Requirement for Contracts of $1 Million or Less If this is a construction contract of $1 million or less for which an LBE, SBE, or DBE is selected as prime contractor and is granted points or price reduction pursuant to the Act, the LBE, SBE, or DBE prime contractor shall perform at least 50% of the on-site work with its own work force. M.5.10 Subcontracting Plan Any prime contractor responding to this solicitation shall submit, within 5 days of the contracting officer’s request, a notarized statement detailing its subcontracting plan. Each subcontracting plan shall include the following: M.5.10.1 A description of the goods and services to be provided by the SBEs, or if insufficient qualified SBEs, then by SBEs, LBEs, or DBEs; A statement of the dollar value, by type of business enterprise, of the offeror proposal that pertains to the subcontracts to be performed by the SBEs, or if insufficient qualified SBEs, then by the SBEs, LBEs, or DBEs; The names and addresses of all proposed subcontractors who are SBEs, or if insufficient qualified SBEs, then who are SBEs, LBEs, or DBEs; The name of the individual employed by the prime contractor who will administer the subcontracting plan, and a description of the duties of the individual; A description of the efforts the prime contractor will make to ensure that SBEs, or if insufficient SBEs, then SBEs, LBEs, or DBEs, will have an equitable opportunity to compete for subcontracts; In all subcontracts that offer further subcontracting opportunities, assurances that the prime contractor will include a statement, approved by the contracting officer, that the subcontractor will adopt a subcontracting plan similar to the subcontracting plan required by the contract; Assurances that the prime contractor will cooperate in any studies or surveys that may be required by the contracting officer, and submit periodic reports, as requested by the contracting officer, to allow the District to determine the extent of compliance by the prime contractor with the subcontracting plan; List the type of records the prime contractor will maintain to demonstrate procedures adopted to comply with the requirements set forth in the

M.5.10.2

M.5.10.3

M.5.10.4

M.5.10.5

M.5.10.6

M.5.10.7

M.5.10.8

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DESIGN / BUILD SERVICES FOR THE WEST END INTERIM LIBRARY SOLICITATION NO. DCPL -2012-R-0006 subcontracting plan, and include assurances that the prime contractor will make such records available for review upon the District’s request; and M.5.10.9 A description of the prime contractor’s recent effort to locate SBEs, or if insufficient SBEs, then SBEs, LBEs, or DBEs and to award subcontracts to them. Enforcement and Penalties for Willful Breach of Subcontracting Plan The willful breach by a contractor of a subcontracting plan for utilization of local, small, or disadvantaged businesses in the performance of a contract, the failure to submit any required subcontracting plan monitoring or compliance report, or the deliberate submission of falsified data may be enforced by the DSLBD through the imposition of penalties, including monetary fines of $15,000 or 5% of the total amount of the work that the contractor was to subcontract to local, small, or disadvantaged businesses, whichever is greater, for each such breach, failure, or falsified submission.

M.5.11

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