fgi-modular rfp - revision 1, 10-19-10

8/14/2019 FGI-Modular RFP - Revision 1, 10-19-10

1/112

Solicitation No. DCPL-201020-R-0001, Design/Build Service for a Modular Unit for

Interim

Francies Gregory Interim Library

SECTION B - SUPPLIES OR SERVICE AND PRICE/COST

B.1 This is an Open Market Solicitation with a 40% CBE Set Aside requirement.

B.2 The District of Columbia Public Library Office of Procurement is seeking one contractor,to provide Design/Build Services to complete the construction of a modular unit forFrancisfor Francis Gregory Interim Library in the District of Columbia, in accordancewith the terms and conditions herein.

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

Under the provisions of the Small, Local, and Disadvantaged Business EnterpriseDevelopment and Assistance Act of 2005 (the Act), Title II, Subtitle N, of the FiscalYear 2006 Budget Support Act of 2005, D.C. Law 16-33, effective October 20, 2005,the District shall apply preferences in evaluating proposals from businesses that aresmall, local, disadvantaged, resident-owned, longtime resident, or local with a principaloffice located in an enterprise zone of the District of Columbia.

B.4 The District contemplates award of a Firm Fixed Price Contract. The estimated pricerange for this requirement is between $650,000.00 and $850,000.00.

B.4 DCPL contemplates award of a Lump Sum / Firm Fixed Price Contract.

B.5 PRICE

The Offeror shall submit its price proposal as indicated in the space below. In general theprice shall be broken down into the following segments:

Overall Modular Builders Fee (Overhead and Profit) $________Pre-Construction Services (design and permits) $________Modular Builders General Conditions $________ 18-month lease cost $________ Site Preparation and Build Out $________ Delivery Charge $________ Close-out, Removal and Restoration $________

Total Project Cost $________

2


2/112


Interim


SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.1.1 This solicitation is to engage one General Contractor/Modular-Builder to completethe design, construction, delivery, set-up and interior fit-out construction for theFrancis Gregory Interim Library in the District of Columbia (the Project). TheGeneral Contractor/Modular-Builder will be responsible for the design, construction,deliver, set-up and the interior fit-out of Interim Library if awarded this contract. TheInterim library is located at the Anne Beers Elementary School located along 36th

Street in Southeast Washington DC. See attached Attachment J.1Exhibit J.1 .8 Aerial Location Map.

C.1.2 The Interim neighborhood library is intended to maintain and expand the level ofexcellence for District libraries and shall provide library users with easy access to

desired material and technology. The modular unit should be of the highest qualityand functionality. DCPL hopes that this Interim library will symbolically celebratethe important values of knowledge, learning, community, diversity, and sustainability.The library will be approximately 3,, 6500 and 4,000 square feet in size. A basis ofdesign that generally describes the Interim library is Attachment J.2attached andshould be used by the General Contractor/Modular-Builder as the basis for design.

C.1.3 The Interim library location will be located along 36th Street SE in Washington DC inthe northwest corner of the multi-purpose field of the existing Anne Beers ElementarySchool. The General Contractor/Modular Builder shall plan accordingly in ordertodeal with construction activity taking place adjacent to an elementary school. The

General Contractor/Modular Builder will required to coordinate their constructionphasing, delivery and traffic control with DC Office of Public Education FacilitiesManagement, and the principal of Anne Beers Elementary School.

C.1.4 The Library acknowledges the importance of a sustainable design. The Library isNOT seeking official LEED certification on this project; however the Library wouldlike to implement as many green and sustainable features as possible.

C.2 SCOPE:

C.2.1 The General Contractor/Modular-Builder shall provide all of the necessary labor,

equipment, supplies, and other resources necessary to complete the design andconstruction of the Francis Gregory Interim Library according to the terms andconditions of this solicitation and the subsequent negotiated contract. The Interimlibrary shall be completed no later than January 311, 2010. The Library definessubstantial completion as having received a Certificate of Occupancy from theDistrict Department of Consumer and Regulatory Affairs (DCRA). DCPL envisionsthat construction should be able to begin on or about November December 1, 2009.Early completion is strongly encouraged. The DCPL contemplates that after the

3


3/112


Interim


design and fit-out of the Interim space, the Francis Gregory Interim library will havethe same functional capabilities as Anacostia, Benning or Watha T. Daniel/ShawInterim Libraries and that it will include finishes, furnishings and fixtures appropriatefor a first class, state of the art library. Basis of Design Drawings of the Anacostia,Benning and Watha T. Daniel/Shaw libraries is attached as Attachment J.2Exhibit

J.1.4. The General Modular Library Minimum Building Specifications that must beachieved are attached as AttachmentExhibit J.31.5..

C.2.2 The General Contractor/Modular-Builder shall be responsible for all required utilityconnections including but not limited to: public water, public sanitary sewer,electricty and telephone service. The General Contractor/Modular Builder shall carryan allowance in its Site Preparation and Build Out line item to cover all feesassociated with utility connections.

C.3 Requirements

C.3.1 Phase 1 (Design Phase)

C.3.1.1 Schematic: The General Contractor/Modular-Builder shall cause itsarchitectOwner/engineer (the A/E) to conduct a thorough review of theBasis of Design Drawings (Attachment Exhibit J.21.4) of the newAnacostia, Benning and Shaw Modular Library drawings (such documents,the Minimum Design Requirements) which will provide the basis for thedesign of the Francis Gregory Interim Library. The GeneralContractor/Modular-Builder shall cause its A/E to review the GeneralModular Library Minimum Building Specifications Attachment ExhibitJ.31.5. After this review of both documents is complete, the General

Contractor/Modular-Builder and its A/E shall meet with DCPL and itsrepresentatives to discuss the essential elements of the design and the best wayfor moving forward. Based on the results of the review and the followingmeeting with DCPL, the General Contractor/Modular-Builder shall then causethe A/E to prepare a full set of buildable and permitable documents for thenew Francis Gregory Interim Library that are consistent with the MinimumDesign Requirements and consistent with the District Office of the ChiefTechnology Officer (OCTO) general scope of work (attached as AttachmentJ.4.Exhibit J.1 .) and that all are acceptable to DCPL.

C.3.1.2 Design Development/Construction Documents. Based on the approved

schematic design documents, the General Contractor/Modular-Builder shallcause its A/E to prepare a set of buildable and permitable ConstructionDocuments. The General Contractor/Modular-Builder and its A/E shall meetas often as required with DCPL and its representatives to ensure that thedesign is evolving in a mutually acceptable manner. The specific servicesrequired during this phase are:

4


4/112


Interim


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

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

c. Early release plans i.e. Foundation to Grade Plans, site and utility plans

d. Complete code compliance analysis and drawing.e. Meet with review agencies as required (DCRA, HPO, HMP, DDOT,

DDOE, WASA, PEPCO, CFA, NCPC, etc).

C.3.1.3 Deliverables. The following deliverables are required during the designphase.

a. A reconciliation report that addresses issues raised by DCPL and theGeneral Contractor/Modular-Builder as a result of the 50% DD/CDprogress printing.

b. Project Budget and Schedule and any revisions or modifications as a

result of changes or directives from DCPL.c. A permitable and buildable set of Construction Documents to include

Civil, ArchitectOwnerural, Structural and MEP plans and specificationsd. Building permit, applicable trade permits, Certificate of Occupancy and

any other District required license or permit to complete the scope ofwork.

C.3.2 Phase 2 (Construction Phase) Once DCPL and the General Contractor/Modular-Builder have agreed that the scope of work can be completed for the agreed LumpSum Price, the Construction Phase of the project shall commence. During theConstruction Phase, the General Contractor/Modular-Builder will be required to fully

complete the Project in accordance with the plans and specifications as well as theagreed upon Lump Sum Price. The work is to be conducted as quickly as possibleand must be completed no later than January 131, 2010. In addition to the above, thefollowing sections shall be provided during this phase.

C.3.2.1 Construction Management. The selected General Contractor/Modular-Builder will be required to construct a first-class Interim library in accordancewith the approved Construction Documents. At a minimum it is envisionedthat the General Contractor/Modular-Builder will be required to undertake thefollowing tasks:

a. Construction and deliver a turn-key, fully functioning Francis GregoryModular Library.

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

inspections, quality control, monitoring, coordination of various trades,record drawings, and daily work log

5


5/112


Interim


d. Conduct weekly progress meetings following a GeneralContractor/Modular-Builder generated agenda with the ProgramManager and all trades.

e. Provide general safety and signage and posting for the project and seethat each subcontractor prepares and submits adequate safety program

and monitoring throughout the projectf. Provide DCPL with a written monthly report that includes (i) an

updated schedule analysis, (ii) an updated cost report, (iii) tracking ofany project issues including the responsible party that are generated atthe weekly progress meetings and (iv) a monthly review of cash flow

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

h. Prepare payment requests including required lien waivers, verifyaccuracy and forward to DCPL for approval and payment

i. Assemble close-out documents requiredj. Provide assistance to DCPL through any applicable warranty periods

k. Provide Principal at Beers Elementary with a weekly schedule ofactivities that can be expected so the school staff can be prepared.

C.3.2.2 Site Security. The General Contractor/Modular-Builder shall be required toprovide the necessary security personnel to protect the space. The GeneralContractor/Modular-Building shall take the necessary steps to secure theconstruction site from the adjacent Elementary School playing field.

C.3.2.3 Project Cleanliness. The General Contractor/Modular-Builder shall berequired to manage the work in such a manner so as to minimize the pollutionand debris in or around the construction site. The General

Contractor/Modular-Builder shall be required to police the school grounds atthe end of each day to ensure no debris is making its way onto their site. TheGeneral Contractor/Modular-Builder shall be required to police the woodedarea to the north of the site that is owned by the National Park Service (NPS)to ensure that no debris is making its way into this area. Any fines issued by NPS shall be the sole responsibility of the General Contractor/Modular-Builder.

C.3.2.4 Maintenance of Traffic. The General Contractor/Modular-Builder shall beresponsible for providing the necessary flagman and traffic control devices asare required to maintain traffic. The General Contractor/Modular-Builder

shall be required to obtain the necessary lane closure and other permitsrequired for its work from the District Department of Transportation, ifneeded.

C.3.2.5 Permitting, Third Party Review and Inspections. The GeneralContractor/Modular-Builder shall pay for and engage the services of a thirdparty review firm and a permit expediting firm for the permitting process anda third party inspection firm for inspections during the construction phase. The

6


6/112


Interim


General Contractor/Modular-Builder shall be responsible for obtaining allrequired permits. The General Contractor/Modular-Builder shall be requiredto cooperate with DCPL and the third party reviewers and inspectors to assistin completion of the scope of work. The General Contractor/Modular-Builderand/or its consultants shall be responsible for preparing applications and other

documents necessary to obtain building permits and certificates of occupancy.DCPL shall execute such instruments as required and the GeneralContractor/Modular-Builder and/or its consultants shall be responsible forwalking such documents through any and all District agencies to gainnecessary approvals for the duration of the project.

C.3.2.6 Utility Connections. The General Contractor/Modular-Builder shall beresponsible for design, review, permitting and installation for all electricalpower, water and sanitary sewer service for the Interim library. The GeneralContractor/Modular-Builder is responsible for all installation costs for theservices listed above. The General Contractor/Modular Builder shall be

responsible to pay the respective connection/tap fees. The GeneralContractor/Modular-Builder shall coordinate with the respective agencies forconnections, meters, and sizing of service lines.

C.3.2.7 Landlord Approvals. The General Contractor/Modular-Builder shall beresponsible for coordinating with the DCPS Office of Educational FacilitiesModernizations (OPEFM) for all aspects of this project. The Libraryanticipates that OPEFM will seek approval on utility connections, tie-ins toexisting building services, work hours, parking restrictions and other relatedactivities. OPEFM contact information will be provided upon award.

C.4. FF&E and Move-in

C.4.1 DCPL shall be responsible for the selection, purchase and installation of FF&E. Thisincludes but is not limited to: (i) free standing tables, chairs, and desks, (ii) libraryshelving, and (iii) signage.

C.4.2 The General Contractor/Modular-Builder shall be responsible for the transport ofDCPL provided IT equipment, books and other library material from 901 G StreetNW, A-Level to the new Interim location. The General Contractor/Modular-Builderis only responsible for transport, loading and unloading. The shelving of books and ITset up will be handled by DCPL personnel.

C.4.3 The General Contractor/Modular-Builder shall be responsible for the fabrication andinstallation of the circulation desk and staff area millwork as detailed on theconstruction documents.

C.5 Key Personnel

7


7/112


Interim


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 ProjectExecutive; (ii) the Field Superintendent; and (iii) key Project Managers (i.e. theProject Managers responsible for structural, mechanical, electrical and specialsystems). The General Contractor/Modular-Builder will not be permitted to reassign

any of the key personnel unless DCPL approves the proposed reassignment and/or theproposed replacement.

C.6 Licensing, Accreditation and Registration

C.6.1 The General Contractor/Modular-Builder and all of its subcontractors and subconsultants (regardless of tier) shall comply with all applicable District of Columbia,state, and federal licensing, accreditation, and registration requirements and standardsnecessary for the performance of the contract.

C.7 Conformance with Laws

C.7.1 It shall be the responsibility of the General Contractor/Modular-Builder to performunder the contract in conformance with the DCPLs Procurement Regulations and allstatutes, laws, codes, ordinances, regulations, rules, requirements, orders, and policiesof governmental bodies.

C.8 Davis-Bacon Act

C.8.1 The Davis-Bacon Act is applicable to this Project. As such, the GeneralContractor/Modular-Builder and its trade subcontractors shall comply with the wageand reporting requirements imposed by that Act.

C.9 Apprenticeship Act

C.9.1 The Apprenticeship Act shall apply to this contract and the GeneralContractor/Modular-Builder and all of its trade subcontractors shall be required tocomply 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 substantiallycomplete by January 31, 2010. Substantially complete shall mean the Certificate of

Occupancy for the project has been issued. As such, the General Contractor/Modular-Builder must dedicate such personnel and other resources as are necessary to ensurethat the Project is completed on-time and in a diligent, skilled, and professionalmanner.

C.11 DCPL Responsibilities.

8


8/112


Interim


C.11.1 In general, the General Contractor/Modular-Builder shall be responsible for allpreconstruction and construction phase activities. DCPL shall be responsible for thefollowing activities.

C.11.1.1 Zoning. DCPL shall be responsible for obtaining the necessary zoning

approvals for the Project. Any easements which are required for the Projectshall be the responsibility of DCPL.

C.11.1.2 FF&E, Materials and IT. DCPL shall be responsible for providing ITequipment and library materials for the Interim location. DCPL shall also beresponsible for a majority of the FF&E as listed under sections C.4.1 andC.4.2. The General Contractor/Modular-Builder shall be responsible for thescope of work as listed under section C.4.3.

9


9/112


Interim


PART I

SECTION D: PACKAGING AND MARKING

D.1 MATERIAL DELIVERY, HANDLING AND STORAGE:

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

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

1. Minimum exposure to weather during delivery.

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

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

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

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

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

10


10/112


Interim


PART I

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION:

The inspection and acceptance requirements for the resultant contract will begoverned by Article 11 of the Standard Contract Provisions For Use WithSpecifications for District of Columbia Government Construction Projects, dated

1973, as amended and incorporated herein by reference. A copy of this booklet isavailable free of charge to the bidders at the Bid Issuance Office located at 901 GStreet, N.W. Washington, DC 20001.

In addition, the acceptance criteria for different parts of the work, described in othersections of the RFP and Specifications (Section C.3) shall apply.

E.2 PARTIAL ACCEPTANCE:

A. The Contracting Officers Technical Representative (COTR) may, at his/heroption, accept part of the work under this contract in writing prior to the COTRs

final acceptance of all the work under the contract, when the COTR considers itbeneficial to the District of Columbia.

B. L Partial acceptance shall not preclude liquidated damages are not required for thisproject.for failure to complete the contract within the required time limitsestablishe SEE d underTIME FOR COMPLETION in Section F.1.

E.3 FINAL INSPECTION:

The Contractor shall give the COTR written notice at least fourteen (14) days in advanceof 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 Contractors bestjudgment no deficiencies exist.

11


11/112


Interim


SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT TYPE

The District contemplates award of a Firm Fixed Price Contract.

F.2 TIME FOR COMPLETION:

The Contractor shall complete all the work 30 Days after issuance of Notice To Proceed.

F.32 TERM OF CONTRACT

F.2.1 Project Schedule. DCPL requires that the Interim library be completed no laterthan December January 31, 201009. DCPL envisions that construction should beable to begin in December 1, 2009October 2009. Early completion is stronglyencouraged.

F.2.2 Project Delivery Method. DCPL intends to implement the Project through a

Design / Build method. In general, the Design-Builders scope of work will bedivided into two phases: (i) the Preconstruction Phase; and (ii) the ConstructionPhase. Each of these phases is described in Section C.

12


12/112


Interim


SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE PAYMENT

G.1.1 The District will make payments to the Design-Builder, upon the submission ofproper invoices or vouchers, at the prices stipulated in this contract, for suppliesdelivered and accepted and/or services performed and accepted, less anydiscounts, allowances or adjustments provided for in this contract.

G.1.2 The District will pay the Design-Builder on or before the 30th day after receiving aproper invoice from the Design-Builder.

G.2 INVOICE SUBMITTAL

G.2.1 The Design-Builder shall submit proper invoices on a monthly basis or asotherwise specified in this contract. Invoices shall be prepared in triplicate andsubmitted to the agency Chief Financial Officer (CFO) with concurrent copies tothe Contracting Officer (CO) the Contracting Officer's Technical Representative(COTR) specified in G.7 below. The address of the CFO is:

Name: Chief Financial OfficerDC Public Library Martin Luther King Jr.

Address: 901 G Street Northwest, Suite 441Washington, D.C. 20001

Telephone: 202-727-1198

G.2.2 To constitute a proper invoice, the Design-Builder shall submit the followinginformation on the invoice:

G.2.2.1 Design-Builders name, Federal tax ID, DUNS number and invoicedate (Design-Builders are encouraged to date invoices as close to thedate of mailing or transmittal as possible.);

G.2.2.2 Contract number, block number two (2) and encumbrance number,block number twenty-one (21) of the Solicitation CoverSheet.Assignment of an invoice number by the Design-Builder is alsorecommended, the assigned DCPL Purchase Order Number is required

G.2.2.3 Description, price, quantity and the date(s) that the supplies/serviceswere actually delivered and/or performed. Contractor shall provide thisinformation in AIA form G702, with a schedule of values or approvedequal.

13


13/112


Interim


G.2.2.4 All sub-contractor and sub-consultant invoices requested under subjectpayment application.;

G.2.2.5 Name, title, telephone number and complete mailing address of theresponsible official to whom payment is to be sent;

G.2.2.6 Name, title, phone number of person preparing the invoice;

G.2.2.7 Name, title, phone number and mailing address of person (if differentfrom the person identified in (G.2.2.6) above to be notified in theevent of a defective invoice); and

G.2.2.8 Authorized signature

G.3 METHOD OF PAYMENT

G.3.1 The District will pay the amount due the Design-Builder under this contract inaccordance with the terms of the contract and upon presentation of aproperly executed invoice.

G.3.2 The Form of Contract provides that ten percent (10%) of the Design-Build Feewill be withheld as retention. This amount will only be earned by the Design-Builder if the project is delivered before the JanuaryDecember31, 2010 deadlineand on the agreed upon budget.

G.4 ASSIGNMENTS

G.4.1 In accordance with Title 19 Chapter 43, unless otherwise prohibited by thiscontract, the Design-Builder may assign funds due or to become due as a result ofthe performance of this contract to a bank, trust company, or other financinginstitution

G.4.2 Any assignment shall cover all unpaid amounts payable under this contract, andshall not be made to more than one party.

G.4.3 Notwithstanding an assignment of money claims pursuant to authority containedin the contract, the Design-Builder, not the assignee, is required to prepareinvoices. 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 isto be 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).

14


14/112


Interim


G.5 CONTRACTING OFFICER (CO)

G.5.1 Contracts may be entered into and signed on behalf of the District Government

only by contracting officers. The address and telephone number of theContracting Officer is:

Wayne R. MinorChief Procurement OfficerDC Public LibraryOffice of Procurement901 G Street, Northwest, Suite 401Washington, DC 20001

G.6 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.6.1 The Contracting Officer is the only person authorized to approve changes in anyof the requirements of this contract.

G.6.2 The Design-Builder shall not comply with any order, directive or request thatchanges or modifies the requirements of this contract, unless issued in writing andsigned by the Contracting Officer.

G.6.3 In the event the Design-Builder effects any change at the instruction or request ofany person other than the Contracting Officer, the change will be considered to

have been made without authority and no adjustment will be made in the contractprice to cover any cost increase incurred as a result thereof.

G.7 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR)

G.7.1 The COTR is responsible for general administration of the contract and advisingthe Contracting Officer as to the Design-Builders compliance or noncompliancewith the contract. In addition, the COTR is responsible for the day-to-daymonitoring and supervision of the contract, of ensuring that the work conforms tothe requirements of this contract and such other responsibilities and authorities asmay be specified in the contract. The COTR for this contract is:

Lisa DeanesProject Manager for 21st Century Capital ProjectsDC Public Library MLK Jr.901 G Street, Northwest, Suite 443Washington, DC 20001

15


15/112


Interim


G.7.2 It is understood and agreed that the COTR shall not have authority to make anychanges in the specifications/scope of work or terms and conditions of thecontract.

G.8 UNAUTHORIZED CHANGES

G.8.1 Design-Builder may be held fully responsible for any changes not authorized inadvance, in writing, by the Chief Contracting Officer, may be deniedcompensation or other relief for any additional work performed that is not soauthorized, and may also be required, at no additional cost to the District, to takeall corrective action necessitated by reason of the unauthorized changes.

G.9 LIMITATION OF AUTHORITY

G.9.1 Only a person with prior written authority from the CCO shall have the express,implied, or apparent authority to alter, amend, modify, or waive any clauses or

conditions of the contract. Furthermore, any alteration, amendment, modification,or waiver of any clause or condition of this RFP is not effective or binding unlessmade in writing and signed by the CCO or its authorized representative.

16


16/112


Interim


PART I

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LIQUIDATED DAMAGES:

A. Not Applicable.

H.2 DISTRICT AND DCPL RIGHTS AND RESPONSIBILITIES:

A. DISTRICT OF COLUMBIA PUBLIC LIBRARY (DCPL)

1. DCPL serves as the authorized contracting agent for public library improvementProjects for the District of Columbia (District)

2. Construction Manager shall act on behalf of DCPL and shall competitively bid,execute and administer construction contracts for the District, in compliance withapplicable federal and local statutes, ordinances, codes and regulations. TheCOTR is responsible for the technical administration of the contract and

advising the Contracting Officer as to the Contractors compliance ornoncompliance with the contract. In addition, the COTR is responsible for theday-to-day monitoring and supervision of the contract, of ensuring that the workconforms to the requirements of this contract and such other responsibilities andauthorities as specified in writing by the Contracting Officer.

3. DCPL will designate a Project Manager for the Project to consult with theOwnerArchitect and the COTRConstruction Manager, who shall be authorized toact on behalf of DCPL to perform specific responsibilities of the District underthe Contract.

4. Information and services required of DCPL shall be furnished in good faith and ina timely manner to avoid delay in the progress of the Project.

5. DCPL shall provide to the Contractor all necessary passes for Contractorsemployees required to enter into the facility.

6. DCPL officers, agents, employees and consultants shall at all times have access tothe Work whenever the Project is in preparation or progress

17


17/112


Interim


7. DCPL may send directions to the Contractor through the OwnerArchitect or theCOTRConstruction Manager.

8. The foregoing are in addition to other rights and responsibilities of DCPL

enumerated herein and especially those in respect to DCPLs right to prosecutethe Work, approve payments and accept the Project.

9. Upon the issuance of the Notice to Proceed or at a reasonable time thereafter,DCPL shall provide the Contractor the Project site in such condition to permit theContractor to perform the Work.

B. DCPLs RIGHT TO PROSECUTE WORK AND BACKCHARGE CONTRACTOR

1. If the Contractor fails or neglects to prosecute the Work with the necessarydiligence so as to complete the Work within the time specified in the Drawingsand Specifications or any portion of the Work by the applicable milestone date asset forth in the Construction Schedule, the COTRConstruction Managershallnotify the Contractor in writing of such failure or neglect.

2. If the Contractor fails to correct any Defective Work within the time fixed in thewritten notice, DCPL may correct such Work and seek recovery of all costs,including any consequential damages, from the Contractor or the Contractor'sSurety.

3. In such case, a Change Order shall be issued deducting from payments then orthereafter due the Contractor the costs of correcting such deficiency.

4. If the payments then or thereafter due the Contractor are not sufficient to coversuch costs, the Contractor and the Contractor's Surety shall pay the amount of theinsufficiency to DCPL.

5. The decision of DCPL to back-charge the Contractor shall be final.

C. DCPLS RIGHT TO PARTIAL OCCUPANCY

1. If the Owner finds it necessary to occupy or use a portion of the Project prior toContract Completion, such occupancy or use may be accomplished if the

18


18/112


Interim


COTRConstruction Managerinforms DCPL that the area in question has beenapproved for temporary occupancy by the regulatory authorities.

2. If such Partial Occupancy or use is approved by DCPL, the OwnerArchitect,through the COTRConstruction Manager, may process either a Change Order or a

Contract Completion certificate listing the deficient Work under the Contract forapproval by DCPL, provided that no such occupancy or use shall commencebefore any insurers providing property insurance have acknowledged noticethereof and in writing effected any changes in coverage necessitated thereby.

3. From the date of execution of the Change Order or Contract Completioncertificate by DCPL, the Contractor shall be relieved of obligation to maintain theaccepted portion of the Work, but shall remain obligated to correct any Punch Listitems then uncorrected. The Contractor shall continue to carry the appropriateinsurance during performance of any Punch List Work.

4. Partial Occupancy or use of the premises by the Owner shall not constituteacceptance of any Work not in conformity with the Plans and Specifications.Partial occupancy shall not relieve the Contractor of liability for any express orimplied warranties or responsibility for Defective Work.

H.3 PERMITS, LICENSES AND CERTIFICATES:

A. The District will be responsible for obtaining the building permit issued by theDepartment of Consumer and Regulatory Affairs (DCRA), Building and LandRegulation Administration, located at 941 North Capitol Street, N.E.,Washington, D.C. The Contractor shall apply for and obtain all other permitsrequired for this project including Raze Permit, certificates and licenses from theOffice of Licenses and Permits, Permit Processing Division, Department ofConsumer and Regulatory Affairs.

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

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

3. The Contractor shall schedule the intermediate and final inspectionsrequired for any permit certification. The Contractor shall give theOwnerArchitect, the COTRConstruction Manager and the Ownerreasonable notice of the date arranged for any inspection.

19


19/112


Interim


B. It is the responsibility of the Contractor to ascertain, obtain, maintain and pay forthe required permits, licenses, fees, tap fees and certificates required by localauthorities for this project. Permits, Licenses and Certificates may include, butare not limited to:

Permits and Certificates Licenses

1. Plumbing 1. Master Plumbers2. Electrical 2. Electrical3. Refrigeration 3. Refrigeration4. Elevator 4. Boiler 5. Boiler and Pressure Tank 5. Pressure Tank 6. Public Space - To work in, excavate 6. Elevator

in or occupy7. Signs and Temporary Fences8. Work on Sunday and after 6:00 p.m. weekdays.

9. Razing

C. The District will not allow work requiring permits and licenses to proceed untilthe Contractor produces evidence showing that such permits and licenses havebeen procured from the DCRA. Permits will be issued only to persons dulylicensed for work in the District of Columbia, except as follows:

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

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

H.4 TEMPORARY FACILITIES, UTILITY CONNECTIONS AND SERVICES:

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

A. TEMPORARY FACILITIES AND UTILITIES BY OTHERS

20


20/112


Interim


B. TEMPORARY WATER: For construction purposes, temporary connection to theexisting water mains is permitted, at the Contractors expense, contingent uponthe Contractor performing the following:

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

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

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

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

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

C. PERMANENT CONNECTIONS TO MAINS:

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

H.5 SHOP DRAWINGS AND CATALOGUE CUTS:

A. Within fifteen (15) calendar days from the date of the Notice to Proceed, theContractor shall prepare a complete list of all samples, catalogue cuts and shopdrawings required to be submitted as follows:

1. The Contractor shall submit the list to the COTR or his designee, theConstruction ManagerCOTR, in quadruplicate for approval. The COTR willreturn one (1) copy of the approved list to the Contractor.

21


21/112


Interim


2. The District will not make progress payments until the required list has beensubmitted by the Contractor. The District will not make payments for anymaterials installed by the Contractor without approval by the COTR wheresubmittal of the same is required.

B. The Contractor shall not install or use materials in the work until the COTR hasgiven written approval of required samples, shop drawings or catalogue cuts, to besubmitted as stated above.

1. Normally, 14 calendar days will be required for checking submittedmaterials. However, more time will be required for more complexsubmittals. The Contractor is advised that submittals that are kept simple(i.e. related to one section of the specifications or to one system) will beprocessed more expeditiously than more complex submittals. Approval ofmaterials, shop drawings, catalogue cuts shall be only for thecharacteristics or uses named in the submission and shall not be construed

as:

a. Permitting any departure from contract requirements except asspecifically stated in the approval.

b. Relieving the Contractor of the responsibility of complying withthe contract requirements because of errors which may exist.

c. Constituting a complete check, but will indicate only that thegeneral method of construction and detailing is satisfactory and theContractor shall be responsible for the dimensions and design ofadequate connections, details and satisfactory construction of allwork.

C. The Contractor shall submit all the shop drawings, samples and catalogue cuts in

accordance with the following requirements:

1. Letter of transmittal, for each transmittal, submitted in triplicate andcontaining the following information:

a. Project name and contract number;

b. Work for which material is intended;

22


22/112


Interim


c. Identification of material in accordance with Federal Specificationor A.S.T.M. number, manufacture, model, type, class, brand name,specifications reference, and local distributor;

d. General Contractors stamp of approval as evidence that drawings,samples, and catalogue cuts included in the submittal have beenchecked for conformity with contract requirements includingdimensions, quality, grade, type, quantity coordination with otherwork and that the Contractor assumes all responsibility for errorsor discrepancies.

D. SHOP DRAWINGS:

The Contractor shall submit shop drawings as described below:

1. Submit six sets of each drawing.

2. Identified as to project name and number, Contractor, fabricator,manufacturer, model, type, class, brand name, specifications reference,local distributor, and date drawn to which drawing applies.

3. Drawings shall be complete in every respect and assembled into sets.

a. Each submission shall show complete system to which it appliesand shall include catalog cuts, samples and other applicable data pertinent to the system.

b. The COTR will review and approve the shop drawing submittals,and if approved, will return three (3) sets of the same to theContractor.

c. When corrections to shop drawing prints are necessary, two (2)

prints of each shop drawing will be returned to the Contractor for corrections and resubmissionin six sets.

4. The Contractor shall submit one (1) reproducible print of each approvedshop drawing after final approval of submitted shop drawings has beenmade.

23


23/112


Interim


5. If drawings show variations from contract requirements because ofstandard shop practices or for any other reasons, the Contractor shall makespecific mention of such variation and the cause therefore, in the letter oftransmittal.

a. If the variations in the drawings are acceptable to the COTR, he/shemay initiate any changes to the contract under Article 3, Changes,of the Standard Contract Provisions which will be subject to theContracting Officers approval.

b. If drawings submitted indicate a departure from the contractrequirements which the Contracting Officer finds to be in the bestinterest of the District of Columbia and to be so minor as not toinvolve a change in contract price or time for completion, he mayapprove the drawings.

E. COMPOSITE SHOP DRAWINGS:

In addition to shop drawings specified in the various sections of thespecifications, the Contractor shall submit composite shop drawing details ofconstricted spaces, pipe and duct spaces, mechanical, equipment rooms andceiling spaces where pipes, ducts, conduit, crossover and where items such aslight fixture housing project into the space, to ensure that equipment approved foruse or proposed for use fits into the space provided.

1. In the event of a conflict, the Contractor may offer his suggestions forsolution of the problem on the shop drawing submittal or by letter

submitted therewith;

2. Submittal of composite shop drawings shall be provided in 15 days afterNotice to Proceed to prevent a delay in construction.

F. The Contractor shall submit, with a letter of transmittal, samples, catalogue cuts,test reports, and certifications, as required. The Contractor shall not submit anysamples and catalogues with bids. The Contractor must refer to the specificationsections for samples, catalogue cuts, test reports and certifications required underthe contract.

1. The Contractor shall submit the required samples prepaid in duplicate,unless otherwise specified in the applicable specification section.

24


24/112


Interim


2. The Contractor shall submit the required catalogue cuts in six sets.

3. The Contractor shall submit each item and label it with the followinginformation:

a. Project name and contract number;. Work for which material is intended;. Contractor, manufacturer and fabricator;

d. Applicable Federal Specification, A.S.T.M. specification or other standard;. Contract specification reference; and

f. Manufacturer's brand name, class or grade and type.

NOTE: The COTR shall hold for thirty (30) days and then destroy

samples submitted without the above labels.

4. The Contractor shall submit samples of materials that are required tomatch work in place and shall also submit representative samples of present materials which they are to match. The Contractor may take asample of present materials from the work in place, but if this is notpossible, the Contractor will take a sample to the site of the work forinspection and verification.

5. The COTR will approve a sample submitted only for the characteristics orfor the uses named in such approval and no other purpose.

a. No approval of a sample shall be taken in itself to change or modify

any contract requirement unless specifically stated in the approval.

b. The Contractor shall send the approved samples not destroyed intesting back to the COTR.

c. The Contractor shall mark for identification and use in the work theapproved samples of hardware, miscellaneous accessories and signs ingood condition.

d. The COTR may retain for thirty (30) days any samples not destroyedin testing and that are not approved, and then dispose of them or returnthem to the Contractor at his expense if requested within thirty (30)days from the date of rejection.

6. The COTR will request the Contractor to deliver test samples as specifiedin the various specification sections and other test samples deemed

25


25/112


Interim


necessary, or the COTR will take the same from various material orequipment delivered by the Contractor for use in the work. The COTRhas the right to request any additional tests from an accredited testingfacility on any materials delivered to the site of the work, at the Districtsexpense.

7. If any of these test samples fail to meet the specification requirements, anyprevious approvals will be withdrawn and such materials or equipmentshall be subject to removal and replacement by the Contractor withmaterials or equipment meeting the specification requirements at noadditional cost to the District.

8. The District may refuse to consider under this contract any further samplesof the same brand or make of material that fails to pass specified tests.

9. The COTR reserves the right to disapprove any material, which is

presently, or which previously has been, unsatisfactory in service.

10. The Contractor shall submit material lists, schedules and diagrams formaterial, equipment, fixtures, fittings, hardware required underspecification sections in six sets and labeled as set forth for catalogue cuts.

11. The Contractor shall identify individual items included in brochures andcatalogs that are submitted for approval in the transmittal letter and in itssubmittal material.

H.6 PROPRIETARY RESTRICTIONS:

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

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

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

26


26/112


Interim


H.7 DEBRIS AND CLEANING:

A. During the progress of the Work, the Contractor shall be responsible for theremoval of all waste materials and rubbish attributable to the Work to anappropriate disposal site designated by the COTRConstruction Manager. The

Contractor shall perform daily broom cleaning in the area of the Contractor'sWork.

B. The Contractor shall, at the end of each working day or as directed by theCOTRConstruction Manager, remove all waste materials and rubbish from theProject.

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

the COTR at the site.

D. The Contractor shall, as required for the Project or as directed by the ConstructionManagerCOTR, remove any waste materials or rubbish from areas adjacent to theProject.

E. If the Contractor fails to clean up during the progress of the Work, the provisionof paragraph H.2.B shall be invoked.

F. If the Contractor fails to maintain the areas adjacent to the Project clean and freeof waste materials and rubbish, upon written notification by the Construction

ManagerCOTR, DCPL shall direct the local jurisdiction having responsibility forthe area to clean the area.

G. The cost of cleaning the area adjacent to the Project shall be deducted from theresponsible Contractor as the Construction ManagerCOTRrecommend and theDepartment determines to be just.

H. The decision of DCPL shall be final.

I. FINAL CLEANING

1. At the completion of the Work, the Contractor shall restore all propertynot designated for alteration by the Plans and Specifications to as near itsoriginal condition as practicable and clean the site of all waste materialsand rubbish attributable to the Work, including without limitation:

27


27/112


Interim


2. Clean transparent materials, including mirrors and glass in doors andwindows, leaving both sides of the glass in a polished condition;

3. Replace chipped, scratched or broken glass or other damaged transparent

materials;

4. Remove excess glazing or caulking compound, and other substances thatare noticeable vision-obscuring materials;

5. Remove labels that are not permanent, remove marks, stains and soiledspots from finished surfaces;

6. Remove dust, dirt, marks, stains, paint droppings and other blemishes andleave in polished condition all equipment and material with exposedfinished surfaces, including, without limitation, ceilings, walls, doors,

counter tops, piping, ductwork, air inlet and outlet devices, hangers andsupports, unit ventilators, aluminum or stainless steel trim and finishhardware;

7. Clean exposed exterior and interior hard-surfaced finishes to a dust-freecondition, free of stains, films and similar foreign substances;

8. Vacuum carpeted surfaces, damp mop all hard floors, sweep paved areasbroom clean, rake grounds that are neither paved nor planted to a smootheven-textured surface, and broom clean and damp mop concrete floors;

9. Clean washable air filters or replace all air filters at the Project;

10. Remove all waste materials and rubbish from any roof surface and cleanany roof drains;

11. Remove any temporary controls required pursuant to the storm waterpollution prevention plan and permit.

12. At the completion of the Project, the electrical Contractor shall clean alllight fixtures, which includes, without limitation, removing bugs, debris,stains, rust and dirt, and replacing any burned out or substantially

diminished light bulbs.

13. Unless otherwise specified in the Plans and Specifications, the Contractorshall strip, apply one (1) seal coat, two (2) finish coats of wax and shallpolish all resilient flooring, except waxless floors.

28


28/112


Interim


14. Should any Work be performed after a final cleaning by the Contractor,

the Contractor responsible for such Work shall clean any affected areaagain as provided above so that upon Contract Completion, the premisesshall be left ready for occupancy by the Owner.

15. Final cleaning shall be done to the reasonable satisfaction of theArchitectOwner, the Construction ManagerCOTRand the Owner.

16. If the Contractor fails to clean up at completion of the Work, the provisionof paragraph GC 5.3 shall be invoked.

17. If a dispute arises among Contractors as to responsibility for final

cleaning, the Construction ManagerCOTRor the ArchitectOwnermayauthorize another Contractor, or engage a qualified cleaning company, toperform the clean up, and deduct the cost from amounts due to thoseContractors responsible as the Construction ManagerCOTRor theArchitectOwnerrecommend and DCPL determines to be appropriate. Thedecision of DCPL on the responsibility for such cost shall be final.

H.8 MATERIALS AND WORKMANSHIP:

A. Unless otherwise specified, all materials and equipmentsincorporated in the work under the contract shall be new. All workmanship shall

be first class and by persons qualified in the respective areas.

B. In the absence of specific requirements for installation of a material or product,the Contractor will be held responsible for installation of saidmaterial or product in strict accordance with the manufacturer's printedinstructions and recommendations.

C. UNCOVERING THE WORK

1. If any Work is covered contrary to the requirements of the Plans andSpecifications or to the written request of the ArchitectOwneror the Construction

ManagerCOTR, such Work must, if required by the ArchitectOwneror the ConstructionManagerCOTRin writing, be uncovered for observation and replaced, if not in conformity withthe Plans and Specifications, and recovered at the Contractor's expense.

2. If any Work has been covered in accordance with the Plans and Specificationsand is Work which the ArchitectOwneror the Construction ManagerCOTRhad not requested theopportunity to observe prior to covering, the ArchitectOwneror the Construction ManagerCOTRmay request that such Work be uncovered by the Contractor.

29


29/112


Interim


3. If such Work is found not to be in conformity with the Plans andSpecifications, the Contractor shall pay all costs of uncovering, replacing and recovering theWork, unless it is found by DCPL that such condition was caused by another Contractor.

4. If such Work is found to be in conformity with the Plans and Specifications,the cost of uncovering and replacing and recovering the Work shall, by appropriate ChangeOrder, be paid to the Contractor.

D. CORRECTION OF THE WORK

1. The ArchitectOwner, through the Construction ManagerCOTR, shall notify

the Contractor in writing if any Work is found by the ArchitectOwnerto beDefective, whether observed before or after Contract Completion. TheArchitectOwneror the Construction ManagerCOTRshall specify in thewritten notice the time within which the Contractor shall correct the DefectiveWork.

2. The Contractor shall bear all costs of correcting such Defective Work,including the cost of any consequential damages.

3. If the Contractor fails to correct any Defective Work within the time fixed inthe written notice, DCPL may correct such Work and seek recovery of all

costs, including any consequential damages, from the Contractor or theContractor's Surety.

E. SUBSTITUTIONS

1. Substitutes for Standards or Approved Equals shall not beconsidered after the bid opening unless the Contractor can conclusivelydemonstrate to the ArchitectOwnerone of the following conditions:

2. Unavailability of all Standards or Approved Equals through nofault of the Contractor or the Contractor's Subcontractors and Material

Suppliers;

3. All Standards or Approved Equals are no longer produced;

4. All Standards or Approved Equals will not perform as designed.

F. LABOR

30


30/112


Interim


1. The Contractor shall maintain a sufficient workforce and enforcegood discipline and order among the Contractor's employees theemployees of the Contractor's Subcontractors and Material Suppliers. TheContractor shall not permit employment of unfit persons or persons notskilled in tasks assigned to them.

2. The Contractor shall dismiss from the Project any personemployed by the Contractor or the Contractor's Subcontractors andMaterial Suppliers who is found by DCPL, pursuant to a recommendationfrom the Construction ManagerCOTRor the ArchitectOwner, to beincompetent, guilty of misconduct, or detrimental to the construction ofthe Project.

3. The Contractor shall employ all legal efforts to minimize thelikelihood or effect of any strike, work stoppage or other labordisturbance. Informational pickets shall not justify any work stoppage.

H.9 STANDARDS:

A. Any material specified by reference to the number, symbol or title of a specificstandard such as a Commercial Standard, a Federal Specification, ASTMcertification or other similar standard, shall comply with the requirements in thelatest revision hereof.

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

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

H.10 EQUIPMENT COORDINATION:

It shall be the responsibility of the Contractor to ascertain that the make and model of allshop or factory fabricated equipment furnished not only meets all requirements of thecontract document, but it shall be of the proper physical size and dimension to fit the space orarea, ductwork, conduit, panel boxes, disconnect switches and related accessory equipment.Where the physical size of any equipment is dependent upon other equipment, coordinationshall be done by the Contractor to assure that they are compatible and will fit within thelimitations of the space where they are to be located, including coordinating of utility

31


31/112


Interim


connections and coordination of space for servicing the equipment, changing filters, cleaningtubes and similar operations.

H.11 STOPPAGE OF WORK AND CONTRACT TERMINATION:

If the Contractor fails to abide by any, or all, of the provisions of the contract, theContracting Officer reserves the right to stop all the work, or any portion thereof, affectedby the Contractors failure to comply with the contract requirements. This stoppage willremain in effect until the Contractor has taken action to meet the contract requirements,or any separable part thereof. After written notification and work stoppage, the District

may terminate the right of the Contractor to proceed as allowed in the followingprovisions.

SUSPENSION OF THE WORK

1. If, in the judgment of DCPL, the Contractor is causing undue risk of damage toany part of the Project or adjacent area, DCPL may suspend the Worktemporarily, either wholly or in part, for such period until, in the judgment of theDepartment, the safe and proper prosecution of the Work may be resumed. TheDepartment shall provide notice to the Contractor's Surety of any suspensionordered pursuant to this Article.

2. Work Stoppage Due to Hazardous Materials

A. In the event the Contractor encounters materials reasonably believed to becontaining asbestos, polychlorinated biphenyl (PCB) or other hazardouswaste or material, which has not been rendered harmless, the Contractorshall immediately stop Work in the area affected and report the conditionto DCPL, through the Construction ManagerCOTR, in writing.

B. The Work in the affected area shall be resumed upon written notice fromthe Construction ManagerCOTRthat the material has been removed orrendered harmless.

C. The term "rendered harmless" shall mean that the level of exposure is lessthan any applicable exposure standards set forth in OSHA or otherapplicable regulations.

3. In case of such suspension, an extension of time, if appropriate, will be allowed asprovided in the Plans and Specifications but no payment will be made to theContractor for any expense or damages resulting there from.

32


32/112


Interim


4. Any failure of DCPL to suspend the Work shall not relieve the Contractor of theContractor's responsibility to perform the Work safely and in accordance with thePlans and Specifications.

5. The Contractor shall, upon receipt of notice of suspension, cease Work on the

suspended activities and take all necessary or appropriate steps to limitdisbursements and minimize costs with respect thereto. The Contractor shallfurnish a report to DCPL, within five (5) days of receipt of the notice ofsuspension, describing the status of the Work, including without limitation, resultsaccomplished, conclusions resulting there from, and such other information asDCPL may require.

6. In the event of suspension under this Article, the Contractor shall be entitled topayment of compensation due under the Drawings and Specifications, uponsubmission of a proper invoice, for the Work performed prior to receipt of noticeof suspension, which shall be payable based upon the Contract Cost Breakdown.

TERMINATION FOR CONVENIENCE

1.DCPL may, at any time upon 20 days written notice to the Contractor, terminate theContract in whole or in part for the Owner's convenience and without cause.

2.Upon receipt of the notice of termination for convenience, the Contractor shallimmediately, in accordance with instructions from DCPL, proceed withperformance of the following duties.

A. Cease operation as specified in the notice;B. Place no further orders and enter into no further subcontracts for materials,

labor, services or facilities except as necessary to complete continuedportions of the Project;

C. Terminate all subcontracts and orders to the extent they relate to the WorkD. terminated;E. Proceed to complete the performance of any Work not terminated;

F. Take actions that may be necessary, or that DCPL may direct, for theprotection and preservation of the terminated Work.

3. Upon such termination, the Contractor shall be paid in accordance with theContract Cost Breakdown for Work completed, including any amount retained,and the value of materials ordered and delivered, less any salvage credit theContractor may receive for them.

33


33/112


Interim


4. All materials, equipment, facilities and supplies at the Project site, or stored offsite, for which the Contractor has been compensated, shall become property of theOwner.

5. The Contractor shall be entitled to a fair and reasonable profit for all Work

performed and all expenses directly attributable to the termination of the contract.In no event shall the Contractor's compensation exceed the total Contract price.

6. Any dispute as to the sum then payable to the Contractor shall be resolved inaccordance with the Government of the District of Columbia Standard ContractProvisions for Use With Specifications for District of Columbia ConstructionProjects dated 1973, and amendments thereto in Article 8, of the GeneralProvisions.

TERMINATION FOR CAUSE

1. If DCPL determines that the Contractor has failed to prosecute the Work with thenecessary force, or has refused to remedy any Defective Work, DCPL shall notifythe Contractor and the Contractor's Surety of such failure or refusal. TheContractor shall begin to cure such failure or refusal within five ( 5 ) days ofreceipt of the notice.

2. If the Contractor fails to cure such failure or refusal within 20 days of receipt of

the notice, DCPL may terminate the Contract and employ upon the Work theadditional force, or supply the materials or such part of either as is appropriate,and may remove Defective Work.

3. If the Contractor is so terminated, the Contractor's Surety shall have the option toperform the Contract. If the Contractor's Surety does not commence performanceof the Contract within ten (10) days of the date on which the Contract wasterminated, DCPL may complete the Work by such means as DCPL deemsappropriate. DCPL may take possession of and use all materials, facilities andequipment at the Project site or stored off site for which the District has paid.

4. If the Contractor is so terminated, the Contractor shall not be entitled to anyfurther payment. If DCPL completes the Work and if the cost of completing theWork exceeds the balance of the Contract price, including compensation for alldirect and consequential damages incurred by DCPL as a result of thetermination, such excess shall be paid by the Contractor or the Contractor'sSurety.

34


34/112


Interim


5. If the Contractor's Surety performs the Work, the provisions of the Plans andSpecifications shall govern such Surety's performance, with the Surety beingsubstituted for the Contractor in all such provisions including, without limitation,provisions for payment for the Work and provisions about the right of DCPL tocomplete the Work.

CONTRACTOR BANKRUPTCY

1. If the Contractor shall file a voluntary petition in bankruptcy or shall have aninvoluntary petition in bankruptcy filed against the Contractor, or if the Contractor makes ageneral assignment for the benefit of creditors, or if a receiver is appointed for all or a substantialpart of the Contractor's business or property, DCPL shall serve written notice on the Contractorand the Contractor's Surety stating that any failure of the Contractor to provide adequateassurances of continued performance will be considered a rejection of the Contract, which shallresult in termination of the Contract for cause. Such termination of the Contract need not heevidenced by an order of any court rejecting the Contract.

2. Upon a final determination, either by a court or by arbitrators having jurisdiction,that the termination pursuant to paragraph GC 13.4.1 was improper, the termination will bedeemed to be a termination for convenience.

3. The Contractor's sole remedy for a wrongful declaration of default by theDepartment shall be limited to recovery of profit on Work completed prior to such declarationand reasonable expenses directly attributable to the termination of the contract.

H.12 SUBCONTRACTORS AND MATERIAL SUPPLIERS:

A. DCPLS APPROVAL

1. Within Thirty (30) days of the Notice to Proceed, the Contractor shall list theContractor's proposed Subcontractors and Material Suppliers to the COTR,

through the Construction ManagerCOTR, for DCPLS approval.2. The Department reserves the right to reject any Subcontractor or Material

Supplier. Failure of the Department or their designee, the ConstructionManagerCOTR, to notify the Contractor of rejection within ten (10) days ofreceipt of such list forms shall constitute notice that the Department has noobjection.

3. If DCPL rejects any Subcontractor or Material Supplier, the Contractor shallreplace the Subcontractor or Material Supplier at no additional cost to the District.

35


35/112


Interim


B. REPLACEMENT

1. The Contractor shall not replace any Subcontractor or Material Supplier afterexecution of the Contract without written approval of DCPL.

2. The Contractor shall submit to the COTR, through the ConstructionManagerCOTR, amended Forms 26 or 27 and a written justification for thechange of the Contractor's Subcontractors or Material Suppliers.

C. CONTRACTOR'S RESPONSIBILITY

1. Nothing contained in the Plans and Specifications shall be construed as creatingany contractual relationship between any subcontractor and the Government ofthe District of Columbia.

2. 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 workperformed by any trade.

3. The Contractor shall be as fully responsible to the Government of the District ofColumbia for all acts and omissions of the Contractor's Subcontractors andMaterial Suppliers and of persons employed by them as he is for the acts andomissions of persons directly employed by him, and shall beresponsible forscheduling and coordinating the Work of the Contractor's Subcontractors andMaterial Suppliers with the Construction ManagerCOTR.

4. The Contractor shall be responsible for the coordination of the trades,

subcontractor and material persons engaged upon his work.

5. The Contractor shall, without additional expense to the Government of theDistrict of Columbia, utilize the services of specialty subcontractor of those partsof the work which are specified to be performed by specialty subcontractor.

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

subcontractors.7. Delays, interference, disruption, hindrance attributable to the Contractor's

Subcontractors or Material Suppliers shall be deemed to be within the control ofthe Contractor.

8. The Contractor shall require that each of the Contractor's Subcontractors have acompetent supervisor at the Project whenever Work is being performed by theSubcontractor.

36


36/112


Interim


9. The Contractor agrees to bind the Contractor's Subcontractor and MaterialSupplier to the terms of the Plans and Specifications, so far as applicable to theWork of such Subcontractor or Material Supplier.

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

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

2. Estimated dollar amount of the subcontract.

3. Estimated starting and completion dates of the subcontract.

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

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

E. Any work or service so subcontracted shall be performed pursuant to a subcontractagreement, which the District will have the right to review and approve prior to itsexecution by the Contractor. Any such subcontract shall specify that the Contractor andthe subcontractor shall be subject to every provision of this contract. Notwithstandingany such subcontract approved by the District, the Contractor shall remain liable to theDistrict for all

Contractors work and services required hereunder.

37


37/112


Interim


F. WARRANTY AND GUARANTEE

1. The Contractor shall require each Subcontractor and Material Supplier to fullywarrant and guarantee, for the benefit of the Owner, the effectiveness, fitness forthe purpose intended, quality and merchantability of any Work performed or item

provided or installed by such Subcontractor or Material Supplier.

G. INDEMNIFICATION

1. INDEMNIFICATION FOR INJURY OR DAMAGE

A. To the fullest extent permitted by law, the Contractor shall indemnify andhold harmless DCPL, the Owner, the Construction ManagerCOTRand theArchitectOwner, their respective officers, consultants, agents and employees,in both individual and official capacities, from and against all claims,damages, losses and expenses, direct, indirect or consequential arising out of

or resulting from the Work.

B. In the event of any such injury, including death, or loss or damage, orclaims there for, the Contractor shall give prompt notice thereof to theDepartment and the Owner.

C. The indemnification obligations of the Contractor under paragraph GC16.1.1 shall not extend to the liability of the ArchitectOwner, theArchitectOwner's consultants, agents or employees for negligent preparationor approval of Drawings, Specification, Change Orders, opinions, and anyother responsibility of the ArchitectOwner, except to the extent covered by the

Contractor's insurance.

2. INDEMNIFICATION FOR PATENT OR COPYRIGHT USE

A. To the fullest extent permitted by law, the Contractor shall indemnify,hold harmless, and defend DCPL, the Owner, the ArchitectOwnerand theConstruction ManagerCOTR, their respective members, officers, consultants,agents, representatives and employees, in both individualand official capacities from and against all claims, damages, losses andexpenses arising out of the Contractor's infringement of patent rights orcopyrights.

H.13 USE OF PREMISES:

38


38/112


Interim


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

B. The Contractor shall use only such entrances to the work area as designated by theCOTR or is designee, the Construction ManagerCOTR.

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

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

E. The Contractor shall perform all the work in such a manner as to cause minimum

annoyance or noises and disturbances to occupants of adjacent premises andinterference with normal traffic.

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

1. Entry of work areas by unauthorized persons;

2. Removal of Government property and supplies.

G. The Contractor shall not load or permit the loading of any part of any structure to

such an extent as to endanger its safety.

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

H.14 PATENTS:

The Contractor shall hold and save the Government, its officers, agents, servants 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.

39


39/112


Interim


H.15 SAFETY PRECAUTIONS:

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

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

times.

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

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

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

inadequate protection.

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

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

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

kettles are in operation to prevent the public from coming in contact withthe kettles.

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

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

40


40/112


Interim


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

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

H.16 PROGRESS SCHEDULE:

A. CONSTRUCTION SCHEDULE

1. The Contractor shall submit, not later than seven (7) days after official Notice toProceed (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 the first90 days of all the contract activities. When the total construction cost for the Projectis $500,000 or more, critical path scheduling methods shall be provided. TheContractor shall submit to DCPL, within 30 days of the date of the Notice to Proceed,a Construction Schedule signed by the Construction ManagerCOTRand theContractors. For projects over $2 million construction cost total, an intermediate BarChart Schedule may be submitted for the first 60 days followed by the complete CPMSchedule within 90 days of the Notice to Proceed. The Contractor shall submit all theschedules and reports for approval by the COTR and Construction ManagerCOTR,and all schedules and reports must conform to the following minimum requirements:

A. Include activities for all Contractor submittals, including but not limited tocatalogue-cuts, samples, shop drawings and laboratory tests, approvals byCOTR and Construction ManagerCOTR, procurements by Contractor, anddelivery of material and equipment to the job site.

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

1. Time scaled in workdays, CPM Network (arrow) diagram with eachwork activity showing cost and man-loading on arrow system plus anarrative to facilitate monitoring and control of work progress and atool for measurement of progress payments.

2. Each field work activity shall have a maximum duration of 20workdays. Provide identification of each phase of the Work includingany milestone dates required by the Construction Documents;

3. Each activity shall show all the associated costs for the purpose ofprogress payment, as required by Section G.4., with no front loading.

41


41/112


Interim


In addition, the sum total all the activity costs shall equal the totalamount of the contract award.

4. All computer reports shall include I-J, J-I, and Total-Float sortsfor all the activities, without any masking or plugging of any dates

(except NTP and contract milestone). The computer reports shall besubmitted in hard-copy plus soft form of read/write CDs giving all theactivity data and schedules.

A. Monthly Progress Updates and Reports:

1. The Contractor shall submit monthly update by the 25th of each monthand the same shall include a narrative and three copies of I-J, J-Iand Total-Float computer printouts plus read/write CDs of all theactivity data and schedules. These reports shall include the actualstart; percent complete or finish dates for each activity, as mutuallyagreed with the COTR and Construction ManagerCOTRplus anyapproved logic changes.

2. In the case of any