mount pleasant 16 trade solicitation

8/14/2019 Mount Pleasant 16 Trade Solicitation

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Solicitation No. DCPL-2010-R-0005Project Name: Mount Pleasant Library General Construction

1. SOLICITATION, OFFER AND

AWARD

Solicitation No.:

DCPL-2010-R-0005

2.Type:

[ } Sealed Bid (IFB)

3.

[X ] Negotiated (RFP)

Date Issued:

February16, 2010

1 of 249

4. Contract Number 5. Requisition/Purchase Request No. 6.

[ X ] Open Market with set aside (50%)For LSDBE subcontracting (see Sec-M)

[] Small Business Set-Aside (see Sec-M)

7. Issued By:Office of ProcurementDistrict of Columbia Public Library901 G Street, N.W. Suite 434Washington, DC 20001

8. Address Offer To:DCPL Office of ProcurementAttn: Ameer M. Abdullah, Sr.901 G Street NW Suite 434Washington, DC 20001

9. InformationContact:

A. Name:

Ameer M. Abdullah, Sr.

B. Telephone (No collect calls) C. E-mail Address

(Area Code)202

[email protected](Number)

727-1206(Ext)

IMPORTANT - The "offer" section of this form, must be fully completed by offeror.

SOLICITATIONNOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

10. Sealed offers in “original” plus _2__ copies to perform the work required will be received at the place specified in item 8, or if handcarried, to the front desk located at address shown in item 8 until ( 2:00 PM) local time on Friday, March 19, 2010.

11. The District requires performance of the work described in strict accordance with the following:

(Hour) (Date)

Description Section Pages

• Solicitation/Offer/Award Form --- Section –A, pages: 1-2

• Schedule for Construction, Alterations, Repair, Price Section - B, pages: 3-22

• Scope/Specifications/Drawings --- Section – C, pages: 23-30

• Packaging and Markings --- Section - D, pages: 31

• Inspection and Acceptance --- Section – E, pages: 32-33

• Deliveries and Performances --- Section - F, pages: 34-36

• Contract Administration Data --- Section- -G, pages: 37-50• Special Contract Requirements --- Section – H, pages: 51-102

• Contract Clauses --- Section - I, pages: 103-111

• List of Attachments --- Section – J, pages: 112-183

• Representations, Certifications and other statementsOf Bidders --- --- --- Section – K, pages: 184-233

• Instructions, Conditions and other Notices to Offerors Section – L, pages: 234-241

• Evaluation Factors for Award --- Section – M, pages: 242-249

• The Standard Contract Provisions for Use with Specificationsfor District of Columbia Government Construction Projects,dated January 2007, as amended.

12. After receiving the written [ ] Award [X] Notice to Proceed the Contractor shall begin performance within __ calendar days of the date specified in the Notice toProceed and complete all the work within 465

13. The Contractor must furnish the required performance and payment bonds.

[ X ] yes, within ten

calendar days. This performance period is [ X] Mandatory [ ] Negotiable.

(10)

14. Additional Solicitation Considerations

calendar days after receiving the Notice of Intent to Award [ ] no

A. All bids are subject to the work requirements, provisions and clauses incorporated in this solicitation in full text or by referenceB. A BID GUARANTEE [ X ] is required [ ] is not required

Government of the District of Columbia District of Columbia Public Library Office of Procurement

STANDARD FORM A - Dated May 2001




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OFFER ( Must be fully completed by offeror) 5. Name, Company Name and Address of Offeror (with zip code) 16. Telephone No.

( )18. Remittance Address (if different than item 15).

17. E-mail address

9. The offeror agrees to perform the work required at the prices specified herein and according to the BID SCHEDULE (Section B) and in strict accordance with the termsf this solicitation, if this offer is accepted by the District in writing within 90 calendar days after the date offers are due.

0. The offeror agrees to furnish any required performance and payment bonds.

21. ACKNOWLEDGEMENT OF AMENDMENTSThe offeror acknowledges receipt of amendments to the solicitation (number and date each)

AmendmentNumber

Date

2. Name and Title of person authorized to sign offer(Type or Print)

22A. Signature 22B. Offer

AWARD (To be completed by the District)

3. Amount 24. Accounting and Appropriation data

5. PAYMENT WILL BE MADE BY:

See Section G, paragraph G.2

26. Submit invoices as instructed in Section G of this solicitation (ContractAdministration Data)

CONTRACTING OFFICER WILL COMPLETE ITEM 27 OR 28 AS APPLICABLE

7. [ ] NEGOTIATED AGREEMENT (The Contractor is required to signhis document and return_2_ copies to the issuing office). The Contractorgrees to furnish and deliver all items or perform all work requirements for theonsideration stated in this contract. The rights and obligations of the partiesf this contract shall be governed by ( a) this contract award, (b) theolicitation, and (c) the clauses, representations, certifications andpecifications incorporated by reference in or attached to this contract.

28. [ ] AWARD (The Contractor is not required to sign this document). Your offer onthis solicitation is hereby accepted. This award consummates the contract which consistsof (a) the solicitation and your offer, and (b) this contract award. No further contractualdocument is necessary.

9. Name and Title of Contractor or Person Authorized to Sign (Type orrint)

30. Name of Contracting Officer (Type or Print)

9A. Signature 29B. Date 30A. Signature 30B. Date

STANDARD FORM A - Dated May 2001




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PART I

SECTION B: SCHEDULE FOR CONSTRUCTION, ALTERATIONS, REPAIRS PRICE

The renovations of the Mount Pleasant Library are being managed and controlled by the MountPleasant Renovation Team (MPRT). The MPRT is made up of the Construction Manager(Smoot Construction), the Architect/Engineer (Core Group, PC) and the Owner (DC PublicLibrary and/or the Contracting Officer’s Technical Representative). The actual physicalrenovation, restoration, preservation and new construction of the library will be executedthrough multiple trade bid packages. Roles and Responsibilities of the MPRT are definedherein.

Request for Proposal Packages will be posted on the DCPL website www.dclibrary.org underthe Business Opportunities link. Any bid packages/proposal packages subsequent to thissolicitation will be procured under a separate solicitation at a later date.

B.1 The District of Columbia Public Library requests that trade contractors respond to thisRequest for Proposals to furnish all parts, labor, material and equipment necessary tocomplete the Scope of Work of the following named Bid Package (BP) tasks associatedwith the comprehensive renovation and addition at the Mount Pleasant Library, inaccordance with all requirement of this solicitation and the Scope, Specifications andDrawings:

BP 01: GENERAL TRADES SITE REQUIREMENTS PACKAGE(100% CBE Subcontracting set-aside requirement)

BP 02: HAZMAT ABATEMENT AND SELECTIVE DEMOLITION PACKAGE(50% CBE Subcontracting set-aside requirement)

BP 03: SITEWORK, SITE UTILITIES, SITE DEMOLITION, LANDSCAPING ANDSITE FURNISHINGS PACKAGE(100% CBE Subcontracting set-aside requirement)

BP 04: CONCRETE PACKAGE(75% CBE Subcontracting set-aside requirement)

BP 05: STONE AND MASONRY PACKAGE(35% CBE Subcontracting set-aside requirement)

BP 06: STRUCTURAL, ORNAMENTAL AND MISCELLANEOUS METALPACKAGE(15% CBE Subcontracting set-aside requirement)

BP 07: ROOFING AND WATERPROOFING PACKAGE(50% CBE Subcontracting set-aside requirement)

BP 08: ALUMINUM CURTAINWALL, STOREFRONTS, GLASS AND GLAZING,METAL PANEL AND SKYLIGHT PACKAGE(35% CBE Subcontracting set-aside requirement)

BP 09: LIGHT GAUGE FRAMING, DRYWALL, CEILINGS ANDPAINTINGPACKAGE(50% CBE Subcontracting set-aside requirement)

http://www.dclibrary.org/







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BP 10: DOORS, FRAMES, HARDWARE AND MISCELLANEOUS SPECIALTIESPACKAGE(100% CBE Subcontracting set-aside requirement)

BP 11: FLOORING PACKAGE( 35% CBE Subcontracting set-aside requirement)

BP 12: TERRACOTTA PACKAGE(35% CBE Subcontracting set-aside requirement)

BP 13: MILLWORK, WOOD WINDOWS, ANDSALVAGE/REPAIR/REFINISH/REINSTALL PACKAGE(35% CBE Subcontracting set-aside requirement)

BP 14: ELEVATOR SYSTEMS PACKAGE(10% CBE Subcontracting set-aside requirement)

BP 15: HVAC, PLUMBING & FIRE PROTECTION PACKAGE(50% CBE Subcontracting set-aside requirement)

BP 16: ELECTRICAL PACKAGE(35% CBE Subcontracting set-aside requirement)

B.2 Designation of Solicitation for the Open Market with CBE Subcontracting

The Mount Pleasant Library Project is designated for the Open Market with a 50% CBEsubcontracting set-aside requirement. Under the provisions of the “Small, Local, andDisadvantaged Business Enterprise Development and Assistance Act of 2005” (theAct), 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 anenterprise zone of the District of Columbia. Each individual Bid Package (BP) will not

be required to meet the overall 50% subcontracting set-aside, but will be evaluated as

part of the overall project goal. Any prime contractor responding to this solicitationshall submit with responses to this solicitation, a notarized statement detailing itssubcontracting plan, including the planned subcontracted work and CBE contractparticipation amounts. Once the plan is approved by the contracting officer, changeswill only occur with the prior written approval of the contracting officer and theDirector of DSLBD.

B.3 The District of Columbia Public Library (DCPL) intends to make sixteen (16) differentawards under this solicitation. DCPL however, reserves the right to award multiple BPs,contingent upon what is most beneficial to DCPL, to the responsible Offeror whose offeris most advantageous to the Owner, based upon evaluation criteria specified herein underSection M. The estimated price ranges for these two requirements are as follows:

Requirement




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BP 01 - between $255,000.00 and $345,000.00BP 02 - between $305,000.00 and $420,000.00BP 03 - between $455,000.00 and $615,000.00

BP 04 - between $285,000.00 and $385,000.00BP 05 - between $305,000.00 and $410,000.00BP 06 - between $545,000.00 and $740,000.00BP 07 - between $115,000.00 and $145,000.00BP 08 - between $530,000.00 and $715,000.00BP 09 - between $585,000.00 and $795,000.00BP 10 - between $55,000.00 and $80,000.00BP 11 - between $165,000.00 and $225,000.00BP 12 – between $535,000.00 and $720,000.00BP 13 – between $535,000.00 and $725,000.00BP 14 - between $125,000.00 and $170,000.00

BP 15 - between $1,160,000.00 and $1,570,000.00BP 16 - between $1,005,000.00 and $1,365,000.00

B.4 The Contractor shall bid separate lump sum firm fixed prices for any or all of thefollowing Bid Packages (BP 01 through 16) as described below and complete theprice breakdown in section B.5:

BID PACKAGE (BP) DESCRIPTION LUMP SUM PRICE

BP 01 General Trades Site Requirements Package $ ______________

BP 02 Hazmat Abatement and Selective DemolitionPackage $_______________

BP 03 Sitework, Site Utilities, Landscaping andSite Furnishings Package $________________

BP 04 Concrete Package $________________

BP 05 Stone and Masonry Package $________________

BP 06 Structural, Ornamental and MiscellaneousMetals Package $________________

BP 07 Roofing and Waterproofing Package $________________

BP 08 Aluminum Curtainwall, Storefronts, Glass andGlazing, Metal Panel and Skylight Package $________________

BP 09 Light Gauge Framing, Drywall, Ceilingsand Painting Package $________________




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BP 10 Doors, Frames, HW & Misc. Specialties $________________

BP 11 Flooring Package $________________

BP 12 Terracotta Package $________________

BP 13 Millwork, Wood Windows, Salvage/Repair/ Refinish/Reinstall Package $________________

BP 14 Elevator Systems Package $________________

BP 15 HVAC, Plumbing and Fire Protection Package $________________

BP 16 Electrical Package $________________

B.4.1 The Contractor shall bid separate lump sum firm fixed unit prices for the followingBid Packages (BP 04) and (BP 06) as described below:

BID PACKAGE (BP) DESCRIPTION LUMP SUM PRICE

BP 04 One (1) Addtl. CY Formed 4000 PSI Concrete $ ______________(Assume 100 lb. Reinf. Steel / CY)

BP 04 One (1) Deleted CY Formed 4000 PSI Conc. $_______________

BP 06 One (1) Addtl. LB Structural Steel Erected $_______________

BP 06 One (1) Deleted LB Structural Steel Erected $_______________

B.4.2 The Contractor shall offer separate deductive alternate lump sum prices applicableto Bid Packages 08 (BP 08) as described below:

REFERENCE DESCRIPTION LUMP SUM

PRICE

Det. 5/A7.04 Delete backpainted glass GL-05 at Elevator 109Provide standard gwb shaftwall type 11B only $________________

Det. 5/A7.04 Substitute glass type GL-04 for GL-05 at glasspartition between Meeting Rm 106 & Hall 110 $________________




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B.5

The bidder must complete this breakdown of prices and submit it with its bid. In case of anydiscrepancy in the total bid price entered here and under Section-B.4, the latter shall govern. The

bidder shall balance the divisional prices entered below (without any frontloading). These pricesare for the sole use of pre-determining activity costs during the solicitation and award phase; butafter the award, and for later use in computing monthly progress payments, prices are subject tofinal approval by the COTR before the actual work starts.

Contractors bidding more than one (1) bid package shall provide breakouts as specified foreach respective bid package (BP).

PRICE BREAK DOWN FORMS

BREAK

OUT ITEMNO.

DESCRIPTION – BP 01 – General Trades Site

Requirements

TOTAL

PRICE BREAKDOWN

01 Project Staff ……………………….

02 Engineering Layout and Site Survey……………………….

03 Construction Photos……………………….

04 Office and Storage Trailer Facilities and Equipment……………………….

05 Safety Provisions……………………….

06 Construction Fence……………………….

07 Temporary Heat and Winter Protection……………………….

08 Temporary Protection……………………….

09 Temporary Drives / Entrances………………………

10 Miscellaneous Tools……………………….

11 Constant Cleanup……………………….

12 Final Cleanup……………………….

13 Trash Removal………………………..

14 Permits & Fees

15 Overhead & Profit………………………..

Lump SumBid Price

Lump Sum Bid Price (copy from BP 01, Section-B.4, Part-Iof RFP) ……….........................




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BREAKOUT ITEM

NO.

DESCRIPTION- BP 02 – Hazmat Abatement andSelective Demolition

TOTALPRICE BREAKDOWN

01 General Requirements……………………….

02 Hazardous Materials Abatement ……………………….

02 Sunroom and Exhaust Stack Demolition……………………….

03 Interior Partition and Ceiling Demolition……………………….

04 Flooring Demo and Flashpatching……………………….

05 Demo Stairs, Mezzanine, Misc Structures

……………………….06 Misc. Floor, Slab and Wall Opening Cut Outs……………………….

07 Misc Interior Demo, Removal and Protection ………………………

08 Protection of Existing Building Fabric to Remain

09 Disposal of Demolition ………………………

10 Overhead and Profit ……………………………………………….

Lump Sum

Bid Price

Lump Sum Bid Price (copy from BP 02, Section-B.4, Part-I

of RFP) ……….........................




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BREAKOUT ITEM

NO.

DESCRIPTION – BP 03 – Sitework, Site Utilities,Landscaping and Site Furnishings Package


01 General Requirements ……………………….

02 Site Demolition……………………….

03 Site Clearing and Earthwork incl Erosion and SedimentControls ……………………….

04 Shoring or Underpinning

05 Site Utilities – Sanitary

06 Site Utilities – Storm

07 Site Utilities – Water……………………….

08 Concrete Curbs & Gutter, Walks, Retaining Walls

09 Misc Roads, Walks and Other Improvements

10 Landscaping

11 Site Furnishings

12 Permanent Fence Systems and Site Rails……………………….

13 Testing and Inspection Services

14 Permits & Fees

15 Overhead & Profit

Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION – BP 04 – Concrete Package TOTALPRICE BREAKDOWN


02 Site Retaining Wall Concrete

03 Retention System and Underpinning of ExistingFoundations

04 Footings and Slab on Grade……………………….

05 Concrete on Metal Deck and Pan-Filled Stairs……………………….

06 Foundation Drain Tile……………………….

07 Reinforced Concrete Walls, Pits incl. Perimeter andUnderslab Insulation ……………………….

08 Misc Concrete Structural Systems……………………….

09 Bracing of Existing Structural Systems

10 Testing & Inspection Services

11 Overhead & Profit……………………….

Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION – BP 05 – Stone and Masonry Package TOTALPRICE BREAKDOWN


02 Masonry, Masonry Infill, Patch, Parge and/or Repair Work ……………………….

03 Dimension Stone Work ……………………….

04 Stone Tile Work


Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION – BP 06 – Structural, Ornamental andMiscellaneous Metals Package



02 Structural Framing……………………….

03 Metal Decking at Floors, Roofs, Openings……………………….

04 Pan Stairs and Landings……………………….

05 Monumental Stair……………………….

06 Stair and Wall Rails, Nosings

……………………….07 Ornamental Glass and Metal Railings

08 Attic, Roof, Elevator Pit Ladders, Partition Supports……………………….

09 Expansion Joint Assemblies

10 Misc Lintels, Angles, Plates, Bracing and other Shapes……………………….

11 Testing & Inspection Services……………………….


Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION – BP 07 – Roofing and WaterproofingPackage



02 Air and Vapor Barrier System……………………….

03 Caulking and Sealants……………………….

04 Tile and Metal Roofing Systems Repair……………………….

05 Membrane Roof Systems incl. Insulation, Blocking, Pads……………………….

06 Coping, Flashing and Misc Sheetmetal……………………….

07 Skylights, Ladders, Hatches and other Roof Accessories

08 Foundation Waterproofing and Parging

09 Testing and Inspections


Lump SumBid Price





14

BREAKOUT ITEM

NO.

DESCRIPTION – BP 08 – Aluminum Curtainwall,Storefront, Glass and Glazing, Metal Panel and Skylight

Package



02 Entrance Door and Vestibule Systems……………………….

03 Curtainwall Systems……………………….

04 Interior Fire-Rated Glass Systems and Doors……………………….

05 Interior Tempered Glass Partition Systems and Doors incl.Backpainted Glass Partitions ……………………….

06 Skylight Systems……………………….

07 Composite Metal Panel Systems


Lump SumBid Price





15

BREAKOUT ITEM

NO.

DESCRIPTION – BP 09 – Light Gauge Framing,Drywall, Ceilings and Painting Package



02 Metal Stud Framed Interior Partition Systems……………………….

03 Exterior Sheathing

04 Gypsum Wallboard Ceiling Systems……………………….

05 Acoustical Ceiling Systems incl. Wood Ceilings……………………….

06 Acoustical Wall and Ceiling Panel Treatments……………………….

07 Painting, Wallcovering, Staining and Transparent Finishes

08 Painting Restoration


Lump SumBid Price





16

BREAKOUT ITEM

NO.

DESCRIPTION – BP 10 – Doors, Frames, Hardware andMiscellaneous Specialties Package



02 Hollow Metal Doors and Frames – Material……………………….

03 Door Hardware – Material……………………….

04 Wood Doors and Frames – Material……………………….

05 Installation of Doors, Frames & Hardware – Labor……………………….

06 Toilet Accessories – Material

……………………….07 Installation of Toilet Accessories – Labor

08 Furnish and Install Wood Platforms, Partitions and Ramps


Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION – BP 12 – Terracotta Package TOTALPRICE BREAKDOWN


02 Exterior Terra Cotta Wall and Screen Systems……………………….

03 Interior Terra Cotta Wall Cladding……………………….

04 Window Surround Extrusions

05 Mineral Wool Insulation……………………….


Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION- BP 13 Millwork, Wood Windows,Salvage/Repair/Refinish/Reinstall Package


01 Remove and Salvage Labor and Storage

02 Reinstall Salvage and Repaired Materials Labor

03 New Wood Windows

04 Interior Finish Carpentry Trim, Door Casings and Moulding___________________

05 Wood Wall Paneling

___________________06 Millwork Base and Wall Cabinet – Pantries and Workrooms

___________________07 Millwork Counters, Tops and Endpanels

___________________

08 Custom Millwork Types – MW……………………….

09 Custom Bookstack Types – BS__________________

10 Custom Wood Bookstack Types - WBS

11 Repair, Retrofit, Refinish Protected Existing Millwork ……………………….


Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION- BP 15 – Mechanical Package TOTALPRICE BREAKDOWN


02 HVAC Systems incl Hydronic Piping and Ductwork ___________________

03 Plumbing Systems

___________________04 Fire Protection Systems

05 Demolition and Evacuation

06 Temperature Control Systems……………………….

07 Start Up Training and LEED Commissioning

08 Overhead & Profit……………………….

Lump SumBid Price





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BREAKOUT ITEM

NO.

DESCRIPTION- BP 16 – Electrical Package TOTALPRICE BREAKDOWN

01 General Requirements ___________________

02 Temporary Electrical Systems

03 Electrical Demolition

04 Interior Electrical Systems……………………….

05 Site Electrical Systems (Primary Ductbank)……………………….

06 Fire Alarm Systems

07 A/V, Cable, Tel/Data and Security Systems and Backbone __________________

08 Start Up Training and Commissioning

09 Overhead and Profit……………………….

Lump SumBid Price





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B.5.1 For all Bid Packages where specific line item breakdowns are not specified under B.5PRICE BREAKDOWN FORMS and provided above, provide the following break out items 01,02 and 03 of lump sum price bid for each trade package (BP 14) being bid as follows:

BREAKOUT ITEM

NO.

DESCRIPTION TOTALPRICE BREAKDOWN


02 Bid Package Trade Scope per Bid Drawings andSpecifications ……………………….

03 Overhead and Profit……………………….

Lump Sum

Bid Price

Lump Sum Bid Price Lump Sum Bid Price (copy from BP

XX, Section-B.4, Part-I of RFP) ……….........................

B.6 Pick-up and Availability of Solicitation Documents

A CD copy of this solicitation, drawings, specifications and its attachments, can bepicked up Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., free of charge to the bidders, at the Bid Issuance Office located at:

MLK Library901 G Street, NW, Suite 434

Washington, DC 20001

Or:

Smoot Construction Company5335 Wisconsin Ave., NW, Suite 940Washington, DC 20015202-243-6688

An electronic copy of the solicitation only is available at www.DCLibrary.Org under

Business Opportunities Solicitation No. DCPL-2010-R-0005.








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PART I

C.1

SECTION C – SCOPE/SPECIFICATIONS/DRAWINGS

SCOPE

The contractor shall furnish all parts, labor, material and equipment necessary tocomplete trade work associated with the complete renovation and addition at the MountPleasant Library in accordance with the Specifications and Drawings provided herewith,and the Government of the District of Columbia Standard Contract Provisions for UseWith Specifications for District of Columbia Construction Projects dated January 2007,and amendments thereto. A copy of this booklet is available free of charge to the biddersat the Bid Issuance Office listed in Page 1 of the solicitation. The Mount PleasantLibrary is located at 3160 16th Street, NW, Washington, D.C.

Sixteen bid packages are offered as part of this solicitation. Offerors may respond toany combination of multiple trade packages or select one as suits their preference,but must assume that awards will be made individually.

In the event of any inconsistency or conflict between the Government of the Districtof Columbia Standard Contract Provisions for Use with Specifications for Districtof Columbia Construction Projects dated January 2007 and provisions included inthe solicitation provisions herein, the information included in this solicitation shalltake precedence.

:

C.1.1 – DETAILED SCOPE DESCRIPTIONS FOR BID PACKAGES BP 01 THROUGH

BP 16 – Contractor shall be responsible for providing all labor, material and equipmentto fully execute the requirements of all new and modified construction as specificallydescribed in Attachment J.8 Scopes of Work and as indicated in bid documents,Attachment J.1, Issued for Bid Drawings and Specifications dated January 13, 2010Available on CD. DCPL reserves the right to reject and disqualify bids which do notreflect complete BP (bid package) scopes as described and required in Attachment J.8.Bidding contractors must take care to assemble trade packages which are complete withno exceptions or exclusions.

Note: For further information and scope definition, Contractors may reference HazmatSurvey Attachment J.6 ( Available on CD).

C.2

BREAK OUT ITEM means a discrete component of the work for which a separate priceis requested. The “Total Price Breakdown” is the sum total of all components, and mustequal the Lump Sum Bid Price. This breakdown shall be required for responses to all bidpackages BP 01 through BP 16 as specified under B.5 and B.5.1. Break out item – Asubset of the total lump sum price consisting of itemized data or essentials that comprisethe parts or elements included in the lump sum price.

DEFINITIONS:




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C.3 PLANS AND SPECIFICATIONS:

A. Drawings and Specifications are included as identified in Section C.6 and included in

Attachment J.1.

B. The intent of the Plans and Specifications is to include all items necessary for the properexecution and completion of the Work by the Contractor. The Plans and Specificationsare complementary, and what is required by one shall be as binding as if required by all.The Contractor shall be held to provide all labor and materials necessary for the entirecompletion of the Work described in the Plans and Specifications and reasonably impliedthere from to produce the intended results.

C. The Standard Conditions may not be superseded or amended by drawings andspecifications unless so provided in Special Conditions prepared by the Architect and

approved in writing by DCPL.

D. The organization of the Specifications in divisions, sections and articles, and thearrangement of Drawings shall not control the Contractor in dividing the Work amongSubcontractors or in establishing the extent of Work to be performed by any trade.

E. In the event of inconsistencies within or between the Plans and Specifications, theContractor shall provide the better quality or greater quantity of Work, and shall complywith the stricter requirement.

F. Unless otherwise specified in the Plans and Specifications, words which have well-

known technical or construction industry meanings are used in accordance with suchrecognized meanings.

G. Interpretation

1. If the Contractor finds any perceived conflict, error, omission or discrepancy onor between the Drawings and Specifications, or any of the Plans andSpecifications, the Contractor, before proceeding with the Work, shall submit awritten request to the Architect, through the Construction Manager, for aninterpretation or clarification. The Contractor shall be responsible for the promptdelivery of such request to the Construction Manager.

2. The Architect, through the Construction Manager, shall respond in writing, withinthree (3) days of receipt of the request, to any and all requests for interpretation of the Plans and Specifications.

3. Any interpretation or clarification of the Plans and Specifications made by anyperson other than the Architect, or in any manner other than writing, shall not bebinding and the Contractor shall not rely upon any such interpretation orclarification.




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4. If any change to the Work is made to accommodate unforeseen circumstances, theConstruction Manager or the Architect shall initiate the appropriate action andnotify DCPL.

H. The contractor shall be responsible for all applicable trade permits associated with thiswork. The contractor shall be responsible for obtaining, at no expense to DCPL, a PublicSpace Permit. DCPL has submitted permit plans to the DC Department of Consumer andRegulatory Affairs (DCRA); the general building permit will be provided to the selectedcontractor.

I. The Contractor shall submit with their bids a submittal log and submittal schedule.- inhard copy Microsoft Excel Spreadsheet

J. DRAWINGS AND SPECIFICATIONS

1. As-Built Drawings

A. The Contractor shall keep an accurate record of all approved changesmade to the Drawings to show actual installation where installation variesfrom Work as originally shown, including the exact location and depth of underground utility lines.

B. During the performance of the Work, the Contractor shall record prior toany pay request submission any approved changes on the Drawings, neatlyin colored pencil, noting new information not shown on the originalDrawings and bring this to the attention of the Architect. Failure to

provide the information may be cause for partial payment withholding.

C. Where Shop Drawings are used, the Contractor shall cross reference thecorresponding sheet numbers on the Drawings. The Contractor shall noterelated Change Order numbers where applicable.

D. The Contractor shall keep a record of any change made to theSpecifications, noting particularly any variation from manufacturer'sinstallation instructions and recommendations.

C.4

Aside from the pre-bidder’s conference and after award the contractor shall conduct apre-installation conference at the project site with Owner and the Architect and arepresentative from the Construction Manager to discuss schedule, access to space andconstruction phasing, and review the Contractor’s work plan once submitted prior toapproval. Contractor shall name Owner and Construction Manager as Additional Insured on itsLiability Insurance Policies and will provide adequate levels of liability insurance asrequired by the Contract.

Existing Conditions




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C.5 NOT USED

C.6

The Contractor shall perform the work in accordance with the Drawings andSpecifications listed below and included herein as Attachment J.2.

DRAWINGS AND SPECIFICATIONS:

Reference documents only as listed below are included for information only:

BP-01 THROUGH 16 – ALL TRADES EXCLUDING FURNITURE, FIXTURESAND EQUIPMENT

Mt. Pleasant Library

C – Cover

G0.01 – Project Info & Drawing IndexG0.02 – Egress Plans, Code AnalysisC.101 through C.503 – Civil, Site Utility and Erosion and Sediment Control DrawingsL.101 through L.501 – Landscape DrawingsS0.01 through S5.01 – Structural DrawingsD1.01 through D2.05 – Architectural Demolition DrawingsA0.01 through A9.22 – Architectural DrawingsM0.01 through M5.01 – Mechanical DrawingsP0.01 through SP1.03 – Plumbing DrawingsE0.01 through EP1.04 – Electrical DrawingsT0.01 through T2.01 – IT Drawings




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DIVISION 1 – GENERAL REQUIREMENTS01100 Summary of Work 01230 Alternates01250 Contract Modification Procedures01270 Unit Prices

01290 Payment Procedures01310 Project Management and Coordination01320 Construction Progress Documentation01322 Photographic Documentation01330 Submittal Procedures01352 LEED Requirements01400 Quality Requirements01420 References01500 Temporary Facilities and Controls01600 Product Requirements01700 Execution Requirements01770 Closeout Procedures01781 Project Record Documents

01782 Operation and Maintenance Data01810 General Commissioning Requirements01815 Commissioning of HVAC01820 Demonstration and Training

DIVISION 2 – SITEWORK02200 Selective Site Demolition02300 Earthwork 02370 Erosion and Sediment Control02510 Water Distribution02530 Sanitary Sewerage02620 Subdrainage02630 Storm Drainage

02751 Cement Concrete Pavement02781 Exterior Stone Paving02821 Chain-Link Fencing02870 Site Furnishings02920 Lawns and Grasses02930 Exterior Plants

DIVISION 3 – CONCRETE03300 Cast-in-Place Concrete

DIVISION 4 – MASONRY04810 Unit Masonry Assemblies04851 Dimension Stone Cladding

DIVISION 5 – METALS05120 Structural Steel05310 Steel Deck 05500 Metal Fabrications05501 Weathering Steel Site Walls05511 Metal Stairs05530 Gratings05721 Ornamental Railings




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DIVISION 6 – WOOD AND PLASTICS06105 Miscellaneous Carpentry06402 Interior Architectural Woodwork

DIVISION 7 – THERMAL AND MOISTURE PROTECTION07131 Self-Adhering Sheet Waterproofing07210 Building Insulation07415 Composite Metal Wall Panels07552 Styrene-Butadiene-Styrene (SBS) Modified Bitumen Membrane Roofing07620 Sheet Metal Flashing and Trim07272 Fluid-Applied Membrane Air Barriers07842 Fire-Resistive Joint Systems07920 Joint Sealants

DIVISION 8 – DOORS AND WINDOWS08110 Steel Doors and Frames08212 Stile and Rail Wood Doors

08411 Aluminum-Framed Entrances and Storefronts08520 Aluminum Windows08630 Metal-Framed Skylights08710 Door Hardware08800 Glazing08830 Mirrors08911 Glazed Aluminum Curtain Walls

DIVISION 9 – FINISHES09111 Non-Load-Bearing Steel Framing09210 Gypsum Plaster09250 Gypsum Board09310 Ceramic Tile09380 Terra Cotta and Stone Tile09629 Cork Flooring09651 Resilient Floor Tile09653 Resilient Wall Base and Accessories09681 Carpet Tile09852 Sound-Absorbing Wall Units09912 Painting09931 Wood Stains and Transparent Finishes09992 Painting Restoration

DIVISION 10 – SPECIALTIES10155 Toilet Compartments10200 Louvers10265 Impact-Resistant Wall Protection

10801 Toilet and Bath Accessories

DIVISION 11 – EQUIPMENT11055 Through Wall Book and AV Drops11056 Depressible Book Return Bins

DIVISION 12 – FURNISHINGS12484 Floor Mats and Frames




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DIVISION 16 – ELECTRICAL16051 Common Work Results for Electrical16055 Overcurrent Protective Device Coordination

16060 Grounding and Bonding16073 Hangers and Supports for Electrical Systems16075 Electrical Identification16120 Conductors and Cables16130 Raceways and Boxes16140 Wiring Devices16145 Lighting Control Devices16410 Enclosed Switches16441 Switchboards16442 Panelboards16491 Fuses16511 Interior Lighting16521 Exterior Lighting

16572 Modular Dimming Control16714 Communications Equipment Room Fittings16716 Communications Backbone Cabling16717 Communications Horizontal Cabling16718 Conductors and Cables for Electronic Safety and Security16995 Electrical System Commissioning

DIVISION 1717100 Voice and Data Communication Cabling




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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’s material and equipment shall not cause damage to the Project oradjacent property and shall not endanger any person at, or in the vicinity of, theProject. Any injury to person or damage to property resulting from theContractor’s material or equipment shall be the responsibility of the Contractor.

D. 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 theDistrict’s Inspector (see Paragraph H.23).

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2. The Contractor shall not occupy more space at the site than is absolutelynecessary for proper execution of the work. Only the materials andequipment which are to be used directly in the Work shall be brought to orstored at the Project by the Contractor and the Contractor’s Subcontractors

and Material Suppliers. After the material or equipment is no longerrequired for the Work, the Contractor shall remove such material andequipment from the Project.




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PART I

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTIONS AND TESTS

:

A. INSPECTIONS

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, datedJanuary 2007, as amended and incorporated herein by reference. A copy of thisbooklet is available free of charge to the bidders at the Bid Issuance Office located at901 G Street, N.W. Washington, DC 20001.

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

B. TESTS

1. Unless otherwise specified in the Plans and Specifications, the Contractor shallapply, secure and pay for any inspection, testing or approval required by the Plansand Specifications, laws, ordinance, rules, regulations or orders of any publicauthority having jurisdiction over the Project.

2. The Contractor shall give the Architect, the Construction Manager and the Ownerreasonable notice of the date arranged for such inspection, testing or approval.

3. The Contractor shall provide an original report of the inspection, testing orapproval to the Architect, through the Construction Manager, for approval.

4. If after the commencement of the Work, the Architect or the ConstructionManager determine that any portion of the Work requires special inspection,testing or approval in order to insure proper conformance to the Plans andSpecifications, the Architect or the Construction Manager may instruct theContractor in writing to order such special inspecting, testing or approval, or the

Architect or the Construction Manager may make the arrangements for same.

5. If such special inspection, testing or approval reveals a failure of the Work tocomply with the requirements of the Plans and Specifications, the Contractor shallpay all costs associated with such special inspection, testing or approval.

6. If such special inspection, testing or approval reveals that the Work is incompliance with the Plans and Specifications, the Contractor will be paid, byappropriate Change Order, for all costs associated with such special inspection,testing or approval.




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7. Neither the observations of the Architect or the Construction Manager in theadministration of the contract, nor inspections, tests or approvals by persons otherthan the Contractor shall relieve the Contractor from the Contractor's obligation to

perform the Work in conformity with the Plans and Specifications.

E.2 PARTIAL ACCEPTANCE

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A. The Contracting Officer’s Technical Representative (COTR) may, at his/heroption, accept part of the work under this contract in writing prior to the COTR’sfinal acceptance of all the work under the contract, when the COTR considers itbeneficial to the District of Columbia.

B. Partial acceptance shall not preclude liquidated damages for failure to completethe contract within the required time limits established under TIME 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 tofinal inspection date, the Contractor shall verify in writing that in the Contractor’s best judgment no deficiencies exist.

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Work Completion 195 Calendar Days after Notice to ProceedComplete Demobilization 205 Calendar Days after Notice to Proceed

BP 07 – ROOFING AND WATERPROOFING PACKAGE

Pre-Construction Submittals 90 Calendar Days after Notice to ProceedMobilization 210 Calendar Days after Notice to ProceedWork Completion 235 Calendar Days after Notice to ProceedComplete Demobilization 245 Calendar Days after Notice to Proceed

BP 08 – ALUMINUM CURTAINWALL, STOREFRONTS, GLASS AND GLAZING,METAL PANELS AND SKYLIGHTS PACKAGEPre-Construction Submittals 45 Calendar Days after Notice to ProceedMobilization 120 Calendar Days after Notice to ProceedWork Completion 180 Calendar Days after Notice to ProceedComplete Demobilization 195 Calendar Days after Notice to Proceed

BP 09 – LIGHT GAUGE FRAMING, DRYWALL, CEILINGS AND PAINTINGPACKAGEPre-Construction Submittals 90 Calendar Days after Notice to ProceedMobilization 210 Calendar Days after Notice to ProceedWork Completion 410 Calendar Days after Notice to ProceedComplete Demobilization 420 Calendar Days after Notice to Proceed

BP 10 – DOORS, FRAMES, HARDWARE and MISCELLANEOUS SPECIALTIESPACKAGEPre-Construction Submittals 90 Calendar Days after Notice to Proceed

Mobilization 240 Calendar Days after Notice to ProceedWork Completion 350 Calendar Days after Notice to ProceedComplete Demobilization 360 Calendar Days after Notice to Proceed

BP 11 – FLOORING PACKAGEPre-Construction Submittals 100 Calendar Days after Notice to ProceedMobilization 240 Calendar Days after Notice to ProceedWork Completion 350 Calendar Days after Notice to ProceedComplete Demobilization 360 Calendar Days after Notice to Proceed

BP 12 – TERRACOTTA PACKAGE

Pre-Construction Submittals 45 Calendar Days after Notice to ProceedMobilization 120 Calendar Days after Notice to ProceedWork Completion 180 Calendar Days after Notice to ProceedComplete Demobilization 190 Calendar Days after Notice to Proceed

BP 13 – SALVAGE/REPAIR/REFINISH/REINSTALLPre-Construction Submittals 10 Calendar Days after Notice to ProceedMobilization 20 Calendar Days after Notice to ProceedWork Completion 55 Calendar Days after Notice to ProceedComplete Demobilization 65 Calendar Days after Notice to Proceed




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PART I

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE PAYMENT

G.2

:

A. The District will make payments to the Contractor, upon the submission of properinvoices, based on the approved Critical Path Method (CPM) schedule asdescribed in Section H.16 of this document, only for the percentage of work orservices actually performed or completed during the subject period and acceptedby the District, less any discounts, allowances or adjustments provided for in thiscontract.

B. The District will pay the Contractor on or before the 30th

day after receiving a

proper invoice from the Contractor.

INVOICE SUBMITTAL

A. The Contractor shall submit proper invoices on a monthly basis or as otherwisespecified in this contract. Invoices shall be prepared in triplicate and submitted tothe Contracting Officer’s Technical Representative (COTR) specified in SectionG.2 below.

B. To constitute a proper invoice, the Contractor shall submit the followinginformation:

1. Contractor’s name and invoice date (Contractors are encouraged to dateinvoices as close to the date of mailing or transmittal as possible);

2. Contract number, section two (2) and encumbrance number, sectiontwenty-four (24) of the Solicitation Cover sheet. Assignment of an invoicenumber by the Contractor is also recommended;

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3. Description, amount of payment requested, quantity, and the dates of thework performed based on the approved CPM schedule;

4. Other supporting documentation or information, as required by theContracting Officer;

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

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




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2. Original and a copy of the signed (by the authorized representative of theContractor) Progress Payment Request Form on or before the twenty-fifth(25th) day of each month during progress of the work. The COTR willdirect the Progress payment to be made based on the actual work

performed based on the COTR’s approval of the Schedule of Values. Thisapproval will include only those fractions of work which have beencompleted and duly accepted by COTR. COTR’s acceptance signature onthe form is mandatory.

3. Copy of the Schedule of Values pre-approved by the COTR with invoice.

D. Materials and equipment payments:

1. The District will pay for the materials, equipment and associatedcomponents delivered to the jobsite or stored on the site, until they are

satisfactorily incorporated into the completed work, at 100% of theirinvoiced value from the manufacturer or supplier as approved by theCOTR. The Contractor shall properly store and protect all the materialsand equipment and ensure that all materials and equipment are incompliance with the submittals approved by the COTR.

2. The District will pay the Contractor 75% of the invoiced value formaterials, equipment and associated components stored off-site in abonded warehouse within a twenty-five (25) mile radius of the jobsite.Payment will be subject to the following documentation accompanying thepayment request:

a. A certified statement giving the exact location of the materials orequipment, that such material or equipment is properly stored andprotected meeting the approval of COTR and is consigned to theDistrict of Columbia Government; that the materials andequipment will not be diverted for use or installation at a differentproject, and that they are subject to inventory and inspection by theCOTR.

b. A valid invoice or bill of sale indicating the unit quantity,description of the material or equipment and its costs as defined in

Section G.4.D.1 and.2.

c. A certificate of insurance of a bonded warehouse, in the event thematerials/equipment is stored off-site.

E. Before approval of the CPM schedule, the District may make two (2) initialmonthly payments under this contract for the work performed during the firstsixty (60) days following the Notice To Proceed, following the COTR’s partialacceptance of the work in writing in accordance with section E.2. In the eventthat the District elects to proceed in this manner, the following shall apply:




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1. The District will not make any additional payments until the final CPMschedule is approved by COTR.

2. The District will not make progress payments for all other activities untilthe final CPM schedule is approved and distributed by the COTR.

F. The COTR shall use the CPM Schedule approved and updated as provided insubsection H.16 as the basis upon which to estimate successive progress paymentsto be made.

G.5 ASSIGNMENTS

A. In accordance with Article 9, Transfer of Assignment, in the Government of theDistrict of Columbia Standard Contract Provisions, for use with Specifications for

District of Columbia Construction Projects January 2007, the Contractor mayassign funds due or to become due as a result of the performance of this contractto a bank, trust company, or other financing institution.

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

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C. Notwithstanding an assignment of money claims pursuant to authority containedin the contract, the Contractor, not the assignee, is required to prepare invoices.Where such an assignment has been made, the original copy of the invoice mustrefer to the assignment and must show that payment of the invoice is to 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).

G.6 CONTRACTING OFFICER (CO)

In accordance with Title 19 DCMR §4301 contracts may be entered into and signed onbehalf of the District of Columbia Public Library only by Contracting Officers. Theaddress and telephone number of the Contracting Officer is:

:

Wayne R. Minor , Chief Procurement Officer Office of ProcurementDistrict of Columbia Library901 G Street, N.W., Suite 401Washington, D.C. 20001Telephone: (202) 727-4800




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G.7 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

:

A. In accordance with Article 3 of the Standard Contract Provisions For Use WithSpecifications for District of Columbia Government Construction Projects, dated

January 2007, as amended, the Contracting Officer is the only person authorizedto approve changes to any of the requirements of this contract.

B. The Contractor shall not comply with any order, directive or request that changesor modifies the requirements of this contract, unless issued in writing and signed

by the Contracting Officer.

G.8 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR):

A. The COTR is responsible for the technical administration of the contract andadvising the Contracting Officer as to the Contractor’s compliance or noncompliance

with the contract. In addition, the COTR is responsible for the day-to-daymonitoring and supervision of the contract, of ensuring that the work conforms to therequirements of this contract and such other responsibilities and authorities asspecified in writing by the Contracting Officer. The COTR for this contract is:

Chris WrightProject Manager, 21

stCentury Capital Projects

DCPL Office of Facilities Management901 G Street, N.W.Washington, D.C. 20001Telephone Number: (202) 727-4913

B. It is fully understood and agreed by the Contractor that the COTR shall not haveany authority to make changes in the specifications/scope of work, price or termsand conditions of the contract.

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

G.9 APPLICATION AND GOVERNING LAW

A. The Contractor, the Associate (Architect), the Construction Manager (SmootConstruction) and DCPL (Owner) shall be familiar with all provisions of theStandard Conditions of Contract for Construction.

B. There shall be no change in the Standard Conditions unless so provided in theSpecial Conditions prepared by the Associate or the Construction Manager andapproved in writing by DCPL.




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C. The parties to the Contract shall comply with all applicable federal and localcodes, statutes, ordinances and regulations in the performance of the Work of theProject.

D. Other rights and responsibilities of the Contractor, the Associate, the ConstructionManager and DCPL are set forth throughout the Plans and Specifications and areincluded under different titles, articles and paragraphs for convenience:

E. DCPL may maintain an action in the name of the District for violations of any lawrelating to the Project or for any injury to persons or property pertaining to theWork, or for any other cause which is necessary in the performance of DCPL’sduties.

F. Any requirement which obligates the Contractor shall be required for each

Subcontractor and Material Supplier of the Contractor.

G.10 THE ARCHITECT – (CORE GROUP, PC)

A. PROJECT OVERSIGHT

1. The Architect shall notify, advise and consult with the Construction Manager andshall protect the DCPL against Defective Work throughout the completion of theProject.

2. The Architect shall designate an authorized representative, who shall be approved

by DCPL, to attend the Project, as required by Agreement, to observe and check the progress and quality of the Work and to take such action as is necessary orappropriate to achieve conformity with the Plans and Specifications.

3. It shall be the duty of the Architect to have any consultant attend the Project atsuch intervals required by Agreement or as may be deemed necessary by DCPL toreview the Work in order to achieve the results intended by the Plans andSpecifications.

4. The Architect shall have the authority to disapprove or reject any item of Work which is defective, or that the Architect believes will not produce a Project that

conforms to the Plans and Specifications, or that will prejudice the integrity of thedesign concept of the Project as a functioning whole as indicated by the Plans andSpecifications. The Architect shall immediately notify DCPL at any time thatWork has been disapproved or rejected.

5. The Architect shall not be responsible for construction means, methods,techniques, sequences, procedures, safety precautions and programs in connectionwith the Work, or for the Contractor's failure to carry out the Work in conformitywith the Plans and Specifications.




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B. CONTRACT ADMINISTRATION

1. The Architect shall provide administration of the construction contracts for theProject as provided in the Agreement and including the performance of the

functions hereinafter described.

2. The Architect shall assist the Construction Manager to prepare an agenda andshall attend any and all progress meetings.

3. The Architect may authorize minor changes or alterations in the Work notinvolving additional costs and not inconsistent with the overall intent of the Plansand Specifications.

4. The Architect shall review and approve, or recommend approval, of all formsrequired under the Plans and Specifications.

5. The Construction Manager or the Architect, thru the construction Manager shallrender decisions in connection with the Contractor's responsibilities under thePlans and Specifications, and submit recommendations to DCPL for enforcementof the Contract as necessary.

6. The Architect will be the initial interpreter of all requirements of the Plans andSpecifications, pursuant to paragraph GC 1.5.2. All decisions of the Architectshall be subject to final determination by DCPL.

7. The Architect shall be authorized to require special inspection, testing or approval

of the Work, as provided in paragraph GC 2.9, whenever in the Architect'sreasonable opinion such action is necessary or advisable to insure the properconformance to the Plans and Specifications.

8. Based upon the Construction Manager’s on-site observation and evaluation of theContractor's Application for Payment, the Construction Manager shall review andcertify the amounts due the Contractor. The Construction Manager mayrecommend to DCPL that payments be withheld from, or Liquidated Damages beassessed against, a Contractor's applications for payment, stating the reasons forsuch recommendation. The Construction Manager’s certification for paymentshall constitute a representation that the Work has progressed to the point

indicated and that, to the best of the Construction Manager’s knowledge,information and belief, the Work is in conformity with the Plans andSpecifications and the Contractor is entitled to payment in the amount certified.

9. The Architect shall review and approve or take other appropriate action upon theContractor's submittals, within the required time, for the purpose of checking forconformity with the Plans and Specifications.




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10. The Construction Manager shall prepare all Bulletins and Change Orders,including a cost estimate and supportive documentation and data, and shall verifywith the Owner that funds are available for any change to the Work.

11. The Construction Manager, with the assistance of the Architect, shall conductinspections to determine the date of Contract Completion and shall receive,review and forward to the appropriate entity all Project record submittals requiredby the Plans and Specifications.

12. The Construction Manager shall render written decisions, within the timespecified, on all claims, disputes or other matters in question between theContractor and the District and shall provide information or services to DCPLuntil final disposition of all claims.

G.11 CONSTRUCTION PHASE COORDINATION

A. RESPONSIBILITY OF CONTRACTORS

1. The Contractor shall afford other Contractors and such Contractor'sSubcontractors and Material Suppliers reasonable opportunity for theintroduction and storage of materials and execution of Work and shallproperly connect and coordinate the Contractor's Work with the Work of otherContractors on the Project. The Contractor shall complete portions of theWork in such order and time as provided in the Construction Schedule.

2. The Contractor shall perform the Work so as not to interfere, disturb, hinder

or delay the Work of other Contractors. The sole remedy which may beprovided by DCPL for any injury, damage or expense resulting frominterference, hindrance, disruption or delay caused by or between Contractorsor their agents and employees shall be an extension of time in which tocomplete the Work.

3. Should the Contractor, or the Contractor's Subcontractors or MaterialSuppliers, cause damage or injury to the property or Work of any otherContractor, or by failure to perform the Work with due diligence, delay,interfere, hinder or disrupt any Contractor who suffers additional expense ordamage thereby, the responsible Contractor shall be responsible for such

damage, injury or expense.

4. The intent of paragraph G.11.A.3 is to benefit the other Contractors on theProject and to demonstrate that each other Contractor who performs Work onthe Project is third party beneficiary of the Contract.

5. Claims, disputes or actions between Contractors concerning such damage,injury or expense shall not delay completion of the Work which shall becontinued by the parties to any such dispute, action or claim.




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6. If any part of the Contractor's Work is preceded by the Work of anotherContractor, the Contractor shall Inspect such other Contractor's Work beforecommencing any Work, and report in writing to the Architect, through theConstruction Manager, any defects which render the other Contractor's

preceding Work unsuitable as related to the Contractor's Work.

7. Failure of the Contractor to make such inspection and report in writing, asrequired by paragraph G11.A.6, shall constitute an acceptance of the otherContractor's Work as fit and proper for the reception of the Contractor's Work,except as to latent defects which such inspection fails to disclose.

8. The Contractor shall supervise the Work in conformity with the coordinationof the Construction Manager and shall take orders and directions from theConstruction Manager and the Architect, to the extent appropriate.

9. The Contractor shall give reasonable notice to the Architect, through theConstruction Manager, when the Architect's presence is required for specialconsultations, inspections or decisions.

10. If the Contractor fails to perform the Contract according to the requirementsof the Plans and Specifications, such failure to perform may be just cause forDCPL to find the Contractor is not responsible for consideration of futurecontract award. Other factors in determining whether a Bidder is responsiblefor future contract award include the experience of the Bidder, the financialcondition of the Bidder, the facilities of the Bidder, the management skills of the Bidder and the ability of the Bidder to execute the contract properly.

11. The Contractor shall cooperate with the Architect and the ConstructionManager so as not to interfere, disturb, hinder or delay the Work of the otherContractors or the responsibilities of the Architect and the ConstructionManager.

B. RESPONSIBILITY AND AUTHORITY OF THE CONSTRUCTIONMANAGER – (SMOOT CONSTRUCTION)

1. The Construction Manager shall consult with the Owner's representative toobtain full knowledge of all rules, regulations or requirements affecting the

Project. The Construction Manager shall establish the regular working hours,subject to approval by DCPL.

2. The Construction Manager shall schedule the Project and coordinate the Work of all Contractors with each other and with the activities and responsibilitiesof the Owner, the Architect and DCPL to complete the Project in accordancewith the Plans and Specifications.

3. The Construction Manager may direct the Work of the Contractors to seek adherence to the Construction Schedule.




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4. In the event the Contractor fails to prosecute the Work in accordance with theConstruction Schedule, the provisions of paragraph H.2.B may be invoked.

5. Coordination of the Work of the Contractors by the Construction Managershall not relieve the Contractor from the Contractor's duty to supervise anddirect the Contractor's Work in accordance with the Plans and Specifications.

6. The Construction Manager shall develop the Construction Schedule for theProject in accordance with paragraph H.16 and shall prepare and keep current,for the Architect's approval, a schedule of submittals which is coordinatedwith the Construction Schedule.

7. The Construction Schedule shall not exceed the time limit specified in theNotice to Proceed, shall provide for reasonable, efficient and economical

execution of the Work and shall be related to the entire Project to the extentrequired by the Plans and Specifications.

8. The Construction Schedule shall be used to plan, organize and execute theWork, record and report actual performance and progress and show how theConstruction Manager plans to coordinate all remaining Work by ContractCompletion.

9. The Construction Manager shall monitor the progress of the Work forconformance with the Construction Schedule and shall initiate revisions of theConstruction Schedule as required by the Plans and Specifications.

10. The Construction Manager shall have the authority to disapprove or reject anyitem of Work which is Defective, or that the Construction Manager believeswill not produce a Project that conforms to the Plans and Specifications. TheConstruction Manager shall immediately notify DCPL at any time that Work has been disapproved or rejected.

11. The Construction Manager shall render decisions in connection with theContractor's responsibilities under the Plans and Specifications, and submitrecommendations to DCPL for enforcement of the Contract as necessary.

12. The Construction Manager shall have the authority to approve the Contractor'sApplication for Payment and may recommend to DCPL that payments bewithheld from, or Liquidated Damages be assessed against, a Contractor'sApplication for Payment, stating the reasons for such recommendation.

13. The Construction Manager shall attend and conduct any and all progressmeetings. The Construction Manager shall prepare an agenda and a writtenreport of each progress meeting and distribute the report to DCPL, theArchitect and the Contractors. The Construction Manager shall not delegatethe duty to prepare the agenda and written reports of any progress meeting.




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F. Patching shall match and blend with the existing or adjacent surface. Anypatching required because of faulty or ill-timed Work shall be done by and at theexpense of the Contractor.

G. The Contractor shall not cut away any timber or dig under any foundation or intoany wall, or other part of the Project, without the written approval of theConstruction Manager and the Architect.

H. Unless otherwise specified in the Plans and Specifications, the Contractor, prior tostarting excavation or trenching, shall notify any public authority having jurisdiction over the Project and secure any required approval.

I. The Contractor shall backfill any excavation with the material specified andapproved by the Architect.

J. The Contractor shall install all Work in accordance with the Plans andSpecifications and any installation recommendations of the manufacturer,including required dryness for installation of the various materials.

G.13 CONSTRUCTION SUPERVISION

A. The Contractor shall provide continuous supervision at the Project by a competentsuperintendent when any Work is being performed, unless waived by DCPL.

B. The Contractor's superintendent shall have responsibility and authority to act on

behalf of the Contractor. All communications to the Contractor's superintendentshall be as binding as if given directly to the Contractor.

C. The Contractor shall submit an outline of the qualifications and experience of theContractor's proposed superintendent, including references, to DCPL, through theConstruction Manager, within ten (10) days of the Notice to Proceed.

D. DCPL reserves the right to reject the Contractor's proposed superintendent.Failure of the Construction Manager to notify the Contractor of such rejectionwithin 30 days of receipt of the required information shall constitute notice thatDCPL has no objection.

E. If DCPL rejects the Contractor's superintendent, the Contractor shall replace thesuperintendent at no additional cost.

F. The Contractor shall not change the Contractor's superintendent without writtenapproval of DCPL.

G. If the Contractor proposes to change the Contractor's superintendent, theContractor shall submit to DCPL, through the Construction Manager, a written




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justification for the change, along with the name and qualifications of theindividual whom the Contractor proposes to be the new superintendent.

H. The procedure provided in paragraph G.13.C shall be conducted to evaluate the

Contractor's proposed new superintendent.

G.14 PROGRESS MEETINGS

A. The Construction Manager and the Architect shall schedule a weekly progressmeeting for all Contractors and other parties involved in the Project. The purposeof the progress meeting is to review progress in the Work during the previousweek, discuss anticipated progress during the following weeks, and review criticaloperations and existing and potential problems.

B. The Contractor, the Construction Manager and the Architect shall be represented

at every progress meeting by a person authorized with signature authority to makedecisions regarding possible modification of the Plans and Specifications.

C. The Construction Manager shall notify the Contractor of the time and place of theprogress meeting which shall thereafter be the same day and hour of the week forthe duration of the Project, unless the Construction Manager shall notify theContractor of a different day and hour at least two (2) days in advance.

D. The Contractor shall have any of the Contractor's Subcontractors and MaterialSuppliers attend the progress meeting as deemed advisable by the Contractor or asrequested by the Construction Manager or the Architect.

E. The Construction Manager shall prepare a written report of each progress meetingand distribute such report to the Architect, DCPL and the Contractor. TheConstruction Manager shall not delegate the duty to prepare a written report of each progress meeting.

F. If any person in attendance objects to anything in a report of a progress meeting,the person shall notify the Department in writing explaining the objection andshall provide a copy of the notice to other persons as required.

G. The report of each progress meeting shall reflect any objection made to the report

of the previous progress meeting and any response.

G.15 COORDINATION MEETINGS

A. Unless otherwise specified in the Plans and Specifications, the ConstructionManager shall schedule a weekly coordination meeting for all Contractors andappropriate Subcontractors and Material Suppliers.

B. The purpose of the coordination meeting is to establish the exact location of eachpiece of equipment, pipe, duct, conduit, or other component of the Project; to




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discuss the sequence of construction consistent with the Construction Schedule,and to appropriately share available construction and storage space.

C. Unless otherwise specified in the Plans and Specifications, the Construction

Manager shall prepare a written report of each coordination meeting anddistribute the report to the Architect and the Contractors. The ConstructionManager shall not delegate the duty to prepare a written report of eachcoordination meeting.

D. Unless otherwise specified in the Plans and Specifications, the HVAC Contractorshall prepare one-fourth inch equals one foot scale drawings of all sheet metalwork with plan and elevation dimensions to specifically locate all duct work,equipment and HVAC pipe work, either on the same or separate drawings.

E. The HVAC Contractor will provide the drawings to the other Contractors for use

in preparing drawings of the Contractor's Work, to specifically locate equipment,piping, conduit and other Work.

F. The Contractor shall resubmit the drawings to the HVAC Contractor showing thelocation of the Contractor's equipment, piping, conduit, and other Work forreparation of detailed coordination drawings by the HVAC Contractor.

G. The Contractor shall be represented at every coordination meeting by a personauthorized with signature authority to make decisions regarding possiblemodification of the Plans and Specifications. The Contractor shall have any of theContractor's Subcontractors and Material Suppliers attend the coordination

meeting as deemed advisable by the Contractor or as requested by theConstruction Manager.




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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.

3. DCPL will designate a Project Administrator for the Project to consult with theArchitect and the Construction Manager, who shall be authorized to act on behalf of DCPL to perform specific responsibilities of the District under the 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 Contractor’semployees 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

7. DCPL may send directions to the Contractor through the Architect or theConstruction Manager.

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

enumerated herein and especially those in respect to DCPL’s 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. DCPL’s RIGHT TO PROSECUTE WORK AND BACKCHARGE CONTRACTOR




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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 Plans andSpecifications or any portion of the Work by the applicable milestone date as set

forth in the Construction Schedule, the Construction Manager shall notify theContractor in writing of such failure or neglect.

2. If the Contractor fails or refuses to cure such failure or neglect within three (3)working days after receipt of the written notice, the Construction Manager shallrecommend enforcement of the Contract to DCPL pursuant to paragraph GC4.2.6. without prejudice to any other remedy DCPL may have, DCPL may employupon the Work the additional force, or supply the materials or such part of eitheras is appropriate, to correct the deficiency in the Contractor's Work.

3. In such case, a Change Order shall be issued deducting from payments then or

thereafter 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. DCPL’S RIGHT TO PARTIAL OCCUPANCY

1. If the Owner finds it necessary to occupy or use a portion of the Project prior to

Contract Completion, such occupancy or use may be accomplished if theConstruction Manager informs DCPL that the area in question has been approvedfor temporary occupancy by the regulatory authorities.

2. If such Partial Occupancy or use is approved by DCPL, the Architect, through theConstruction Manager, may process either a Change Order or a ContractCompletion certificate listing the deficient Work under the Contract for approvalby DCPL, provided that no such occupancy or use shall commence before anyinsurers providing property insurance have acknowledged notice thereof and inwriting 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.




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H.3

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

Department 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 of Consumer and Regulatory Affairs.

PERMITS, LICENSES AND CERTIFICATES:

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, the

Contractor 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 theArchitect, the Construction Manager and the Owner reasonable notice of the date arranged for any inspection.

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

1. Where electrical, plumbing and refrigeration Contractors and their craftpersons perform work under contract with the District of Columbia and

Licenses

1. Plumbing 1. Master Plumbers2. Electrical 2. Electrical3. Refrigeration 3. Refrigeration4. Elevator 4. Boiler5. Boiler and Pressure Tank 5. Pressure Tank 6. Public Space - To work in, excavate 6. Elevator

in or occupy7. 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 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:




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the work is physically located in areas outside the District of Columbia, itshall be sufficient if any such Contractor and the Contractor’s craftpersons are licensed either by the District of Columbia or by anygovernmental agency having jurisdiction over the area adjoining the site

on 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 – SEE APPROPRIATE BIDPACKAGES

B. TEMPORARY WATER

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

approval from the District of Columbia Water and Sewer Authority(WASA).

: For construction purposes, temporary connection to theexisting water mains is permitted, at the Contractor’s expense, contingent uponthe Contractor performing the following:

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 arrangements

:




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with utility companies and appropriate agencies as may be required for proper andexpeditious completion of the project.

H.5

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 Manager, in quadruplicate for approval. The COTR will returnone (1) copy of the approved list to the Contractor.

2. The District will not make progress payments until the required list has beensubmitted by the Contractor. The District will not make payments for any

materials 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 be

processed more expeditiously than more complex submittals. Approval of materials, shop drawings, catalogue cuts shall be only for thecharacteristics or uses named in the submission and shall not be construedas:

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 of adequate connections, details and satisfactory construction of allwork.

C. The Contractor shall submit all the shop drawings, samples and catalogue cuts inaccordance with the following requirements:

SHOP DRAWINGS AND CATALOGUE CUTS:




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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;

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 Contractor’s 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 other

work and that the Contractor assumes all responsibility for errorsor discrepancies.

D. SHOP DRAWINGS

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

:

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.

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 forcorrections and resubmission in six sets.

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




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

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 Officer’s 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 of constricted 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 for

solution of the problem on the shop drawing submittal or by lettersubmitted therewith;

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

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

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.

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;




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b. Work for which material is intended;c. Contractor, manufacturer and fabricator;d. Applicable Federal Specification, A.S.T.M. specification or other

standard;

e. Contract specification reference; andf. Manufacturer's brand name, class or grade and type.

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

inspection 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 modifyany 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

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 District’sexpense.

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 with




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materials or equipment meeting the specification requirements at noadditional cost to the District.

8. The District may refuse to consider under this contract any further samples

of the same brand or make of material that fails to pass specified tests.

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

submittal 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 the

judgment 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 work and the ability to fulfill the requirements of the specified item.

:

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 an

appropriate disposal site designated by the Construction Manager. The Contractorshall perform daily broom cleaning in the area of the Contractor's Work.

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

:

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 the




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specifications) and leave the premises in a neat and clean condition satisfactory tothe COTR at the site.

D. The Contractor shall, as required for the Project or as directed by the Construction

Manager, 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 ConstructionManager, DCPL shall direct the local jurisdiction having responsibility for thearea to clean the area.

G. The cost of cleaning the area adjacent to the Project shall be deducted from theresponsible Contractor as the Construction Manager recommend 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 materials

and rubbish attributable to the Work, including without limitation:

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 transparentmaterials;

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;




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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 areas

broom 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 substantiallydiminished 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.

14. Should any Work be performed after a final cleaning by the Contractor,the Contractor responsible for such Work shall clean any affected area

again 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 the Architect,the Construction Manager and 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 finalcleaning, the Construction Manager or the Architect may authorize

another Contractor, or engage a qualified cleaning company, to performthe clean up, and deduct the cost from amounts due to those Contractorsresponsible as the Construction Manager or the Architect recommend andDCPL determines to be appropriate. The decision of DCPL on theresponsibility for such cost shall be final.




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H.8 MATERIALS AND WORKMANSHIP

:

A. Unless otherwise specified, all materials and equipments incorporated 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 said material or productin strict accordance with the manufacturer's printed instructions andrecommendations.

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 Architect or the Construction

Manager, such Work must, if required by the Architect or the ConstructionManager in writing, be uncovered for observation and replaced, if not inconformity with the Plans and Specifications, and recovered at theContractor's expense.

2. If any Work has been covered in accordance with the Plans and Specificationsand is Work which the Architect or the Construction Manager had notrequested the opportunity to observe prior to covering, the Architect or theConstruction Manager may request that such Work be uncovered by theContractor.

3. If such Work is found not to be in conformity with the Plans andSpecifications, the Contractor shall pay all costs of uncovering, replacing andrecovering the Work, unless it is found by DCPL that such condition wascaused 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, byappropriate Change Order, be paid to the Contractor.

D. CORRECTION OF THE WORK

1. The Architect, through the Construction Manager, shall notify the Contractorin writing if any Work is found by the Architect to be Defective, whetherobserved before or after Contract Completion. The Architect or theConstruction Manager shall specify in the written notice the time withinwhich the Contractor shall correct the Defective Work.

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




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

E. SUBSTITUTIONS

1. Substitutes for Standards or Approved Equals shall not be considered afterthe bid opening unless the Contractor can conclusively demonstrate to theArchitect one of the following conditions:

2. Unavailability of all Standards or Approved Equals through no fault of theContractor 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

1. The Contractor shall maintain a sufficient workforce and enforce gooddiscipline and order among the Contractor's employees the employees of the Contractor's Subcontractors and Material Suppliers. The Contractorshall not permit employment of unfit persons or persons not skilled intasks assigned to them.

2. The Contractor shall dismiss from the Project any person employed by theContractor or the Contractor's Subcontractors and Material Suppliers whois found by DCPL, pursuant to a recommendation from the ConstructionManager or the Architect, to be incompetent, guilty of misconduct, ordetrimental to the construction of the Project.

3. The Contractor shall employ all legal efforts to minimize the likelihood oreffect of any strike, work stoppage or other labor disturbance.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 of




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the 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, it

shall 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 thespace or area, ductwork, conduit, panel boxes, disconnect switches and related accessoryequipment. Where the physical size of any equipment is dependent upon otherequipment, coordination shall be done by the Contractor to assure that they 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 theequipment, changing filters, cleaning tubes 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 Contractor’s 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 Work temporarily, 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 Manager, in writing.




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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 theContractor makes a general assignment for the benefit of creditors, or if a receiveris appointed for all or a substantial part of the Contractor's business or property,DCPL shall serve written notice on the Contractor and the Contractor's Suretystating that any failure of the Contractor to provide adequate assurances of continued performance will be considered a rejection of the Contract, which shallresult in termination of the Contract for cause. Such termination of the Contractneed not he evidenced 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, thetermination will be deemed 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 suchdeclaration and reasonable expenses directly attributable to the termination of thecontract.

H.12 SUBCONTRACTORS AND MATERIAL SUPPLIERS

:

A. DCPL’S 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 Manager, for DCPL’S approval.

2. The Department reserves the right to reject any Subcontractor or MaterialSupplier. Failure of the Department or their designee, the Construction Manager,to notify the Contractor of rejection within ten (10) days of receipt of such listforms shall constitute notice that the Department has no objection.

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

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 Construction Manager,amended Forms 26 or 27 and a written justification for the change of theContractor's Subcontractors or Material Suppliers.

C. CONTRACTOR'S RESPONSIBILITY




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

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

3. The Contractor shall be as fully responsible to the Government of the District of Columbia 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 be responsible forscheduling and coordinating the Work of the Contractor's Subcontractors andMaterial Suppliers with the Construction Manager.

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 betweensubcontractors.

7. Delays, interference, disruption, hindrance attributable to the Contractor'sSubcontractors or Material Suppliers shall be deemed to be within the control of the 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.

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 labor




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performed on all work encompassed by the request(s). The request(s) also shallprovide 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.

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 tothe Contracting Officer. Copies of these forms are available upon request

from the COTR.

E. Any work or service so subcontracted shall be performed pursuant to asubcontract agreement, which the District will have the right to review andapprove prior to its execution by the Contractor. Any such subcontract shallspecify that the Contractor and the subcontractor shall be subject to everyprovision of this contract. Notwithstanding any such subcontract approved by theDistrict, the Contractor shall remain liable to the District for allContractor’s work and services required hereunder.

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 itemprovided 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 and

hold harmless DCPL, the Owner, the Construction Manager and the Architect,their respective officers, consultants, agents and employees, in both individualand official capacities, from and against all claims, damages, losses andexpenses, direct, indirect or consequential arising out of or resulting from theWork.

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




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C. The indemnification obligations of the Contractor under paragraph GC 16.1.1shall not extend to the liability of the Architect, the Architect's consultants,agents or employees for negligent preparation or approval of Drawings,Specification, Change Orders, opinions, and any other responsibility of the

Architect, 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, holdharmless, and defend DCPL, the Owner, the Architect and the ConstructionManager, 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

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 Manager.

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

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

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

F. The Contractor shall keep gates locked to maintain security into work area

dictated 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.

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




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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 notto 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 andemployees, harmless for liability of, any nature or kind, including cost and expenses for,or on account of any patented or unpatented invention, article or appliance manufacturedor used in the performance of this contract, including their use by the Government of theDistrict of Columbia.

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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 Safetyand Health Act of 1988, D.C. Official Code secs. 32-1101 et seq. and 1-620.01 etseq.

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

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

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

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

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

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

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

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

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

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

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

H.16 PROGRESS SCHEDULE:

A. 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 initialschedule 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 Manager and the Contractors.

For projects over $2 million construction cost total, an intermediate Bar ChartSchedule 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 Manager, and allschedules 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 Manager, 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;




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inspection and delivery, including lead time, coordination drawingdelivery, Punch List, Project close-out requirements, ContractCompletion and occupancy requirements;

8. Identify disruptions and shutdowns due to other operations;

9. Identify the critical path of the Work, for CPM Schedules;

10. Identify the crew size and total resource hours for each activity in theschedule.

11. Provide a space for each Contractor's signature.

12. The Architect through the Construction Manager shall provide acomplete specification for a Critical Path Method (CPM) Schedule.

The Contractor shall develop the Construction Schedule data usingcommercially available, Construction Manager recommendedpersonal computer software. Final copy schedules shall be providedto the Construction Manager in color in full size and 11"x17" size.All base line and monthly updated schedules shall be submitted inelectronic format to the Construction Manager. The CPM ScheduleChart shall be used as a tool for scheduling and reporting sequencedprogress of the work. Provide clear graphics legend and other datasuch as milestones, constraints and items required by the project,Associate and Using Agency. On each submission show the stateproject number and project name and provide a signature approval

and date line for all parties to the schedule.Further, provide in each schedule: Activity identification anddescription for each activity broken down to a 15 day maximumduration, responsibility of each Contractor, Contractor's resources andcrew size for each activity, provide early start, early finish, late start,late finish. Show predecessor activities and successor activities foreach activity entry free float, total float and percentage of completionand identify the logic relationship between all activities.Also, show all submittal dates, coordination drawing input, reviewand approval durations. Unless otherwise specified, submit the CPMConstruction Schedule in graphic and tabular form. Provide a two

week look-ahead schedule print out for each weekly progressmeeting. Provide with each monthly schedule update a list of allchanges to the previously approved base line schedule or monthlyupdated schedule. The CPM Construction Schedule shall be managedusing early start and early finish dates. Free float and total floatbelong to the project and use of float associated with an activity is notpermitted without the concurrence of the owner and all othercontractors.




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13. Upon receipt of the Construction Schedule, DCPL shall review andapprove the Construction Schedule. Included with the submitted copyof the Construction Schedule is a Schedule of Submittals required bythe Construction Documents.

14. Unless otherwise specified by the Plans and Specifications, theContractor shall, on a weekly basis, prepare and submit to theConstruction Manager a written report describing activities begun orfinished during the preceding week, Work in progress, expectedcompletion of the Work, a look-ahead projection of all activities to bestarted or finished in the upcoming two (2) weeks, including withoutlimitation, the Contractor's workforce crew size and total resourcehours associated with such Work and any other information requestedby the Construction Manager or Architect.

15. When it is apparent to the Construction Manager that critical pathactivities, scheduled milestone completion dates, or ContractCompletion dates will not be met, the Construction Manager, whenrequired, shall submit for review and approval, a time recovery planto the Contractors. Contractors shall abide by the time recovery planto avoid or minimize any delay. The Construction Manager shallprovide monthly progress reports to DCPL and the Architect whichshall include such recommendations for adjusting the ConstructionSchedule to meet milestone completion and Contract Completiondates.

16. Such a plan may include, without limitation, increasing theContractor's workforce in such quantities as will eliminate thebacklog of Work; increasing the number of working hours per shift,shifts per workday, workdays per week, the amount of constructionequipment, or any combination thereof; rescheduling of activities toachieve maximum practical concurrency of Work efforts.

17. Submit a tabular copy showing all changes to the previously approvedschedule including without limitation, logic, float and actual start dateof activities. The updated Construction Schedule shall be submitted toDCPL who shall review and approve it and submit a copy back to the

Contractors.

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 thisproject. If within the period of construction, a time extension or extensions are granted inwriting by the Contracting Officer, the Contractor shall incorporate the extension in thenext monthly update.

C. TIME OF ESSENCE




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1. Time is of the essence to the Plans and Specifications and all obligations thereunder. By executing the Contract, the Contractor acknowledges that the time forContract Completion and any specified milestone completion dates arereasonable, taking into consideration the average climatic range and usual

conditions prevailing in the locality of the Project.

2. The Contractor agrees that the Notice to Proceed shall establish the date forcommencement of the Work.

3. The Contractor agrees that the Owner has entered into, or may enter into,agreements for use of all or part of the premises where the Work is to becompleted based upon the Contractor achieving Contract Completion within theContract time.

4. The Contractor agrees that the Work will be prosecuted in a reasonable, efficient

and economical sequence, in cooperation with the other Contractors and in theorder and time as provided in the Construction Schedule.

5. The Contractor shall perform the Work so as not to interfere, disturb, hinder ordelay the Work of other Contractors and such other Contractors' Subcontractorsand Material Suppliers.

6. The Contractor agrees that the possibility that the Contractor may be subject tointerference, disruption, hindrance or delay in the progress of the Work from anyand all causes is within the contemplation of the parties and that the sole remedyfor such interference, disruption, hindrance or delay shall be an extension of time

granted pursuant to paragraph F.1.B.

D. EXTENSIONS

1. If the Contractor is interfered with, disrupted, hindered or delayed at any time inthe progress of the Work by any of the following causes, the Contract time shallbe extended for such reasonable time which the Construction Managerdetermines, in consultation with DCPL has been caused by the interference,disruption, hindrance or delay in the Work:

2. Delay due to suspension of the Work for which the Contractor is not responsible;

inclement weather conditions not normally prevailing in the particular season;labor dispute; fire; flood;

3. Neglect, delay or fault of any Contractor having a Contract for adjoining orcontiguous Work; or;

4. By any unforeseeable cause beyond the control and without faultor negligence of the Contractor.




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E. SOLE REMEDY

1. To the fullest extent permitted by law, any extension of time granted pursuant toparagraph F.1.B shall be the sole remedy which may be provided by the

Department and the Contractor shall not be entitled to additional compensation ormitigation of Liquidated Damages for any delay listed in paragraph F.1.B,including, without limitation, costs of acceleration, consequential damages, lossof efficiency, loss of productivity, lost opportunity costs, impact damages, lostprofits or other similar remuneration.

2. The Contractor agrees that the possibility that the Contractor may accelerate itsperformance to meet the Construction Schedule is within the contemplation of theparties and that such acceleration is solely within the discretion of the Contractor.

F. REQUEST FOR EXTENSION

1. Any request by the Contractor for an extension of time shall be made in writing tothe Construction Manager no more than ten (10) days after the initial occurrenceof any condition which, in the Contractor's opinion, entitles the Contractor to anextension of time. Failure to provide such timely notice to the ConstructionManager shall constitute a waiver by the Contractor of any claim for extension,damages or mitigation of Liquidated Damages, to the fullest extent permitted bylaw.

2. The Contractor shall notify the Construction Manager in writing providing thefollowing information.

a. Nature of the interference, disruption, hindrance or delay;b. Identification of persons, entities and events responsible for the interference,disruption, hindrance or delay;

c. Date (or anticipated date) of commencement of the interference, disruption,hindrance or delay;

d. Activities on the Construction Schedule which may be affected by theinterference, disruption, hindrance or delay, or new activities created bythe interference, disruption, hindrance or delay and the relationship withexisting activities;

e. Anticipated duration of the interference, disruption, hindrance or delay;f. Specific number of days of extension requested; and

g. Recommended action to avoid or minimize any future interference, disruption,hindrance or delay.

G. EVALUATION OF REQUEST

1. Within ten (10) days of receipt of the Contractor's request, the ConstructionManager shall evaluate the facts and extent of any interference, disruption,hindrance or delay to the Work, consult with DCPL about the request and respondin writing to the Contractor.




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2. The Contract Completion time may only be extended by execution of anappropriate Change Order.

3. The Construction Manager shall make any necessary change in the Construction

Schedule.

H. CRITICAL PATH

1. Notwithstanding any other provision of the Plans and Specifications, timeextensions will depend upon the extent to which the Work on the Critical Path of the Construction Schedule is affected, if applicable.

2. A Change Order granting a time extension may provide that the ContractCompletion date will be extended for only those specific elements so interfered,disrupted, hindered or delayed and that remaining milestone completion dates will

not be altered and may further provide for equitable adjustment of LiquidatedDamages.

H.17 GUARANTEE OF WORK

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

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

C. Upon the Contractor’s failure to proceed promptly to comply with the terms of any guarantee under the contract or still running upon work originally executed byother 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 unsatisfactorycondition; 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 toexpend to fulfill such guarantee. Everything done in the fulfillment of anyguarantee shall be without additional expense to the Government of the District of Columbia.

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

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1. Guarantee buried tanks for five (5) years against deterioration to the pointof failure and against structural failure due to improper installationprocedures.

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

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

E. All special guarantees that are stipulated in the specifications or other paperforming a part of the contract shall be subject to the terms of this paragraph

insofar as they do not conflict with the provisions containing references toguarantees in the specifications or such other papers. In case of any conflict, thespecial guarantee shall take precedence.

H.18 PROTECTION

A. The Contractor shall protect existing public and private property including but notlimited to sidewalks, pavements, landscaping, from damage using methodsapproved by COTR such as planking, covering, temporary cement curbs, andshall be responsible for replacement of items that are damaged by work under thiscontract. The Contractor shall repair or replace damages to sidewalks, curbs,

streets, public property and public utilities as directed by the COTR in accordancewith standards of the agency having jurisdiction over the damaged property. TheCOTR will not permit grouting of cracks in sidewalks and driveways. TheContractor shall replace cracked slabs.

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B. The Contractor shall take precautions for the safety of persons on the Project andshall comply with all applicable provisions of federal and municipal safety lawsand buildings codes to prevent injury to persons on or adjacent to the Project.

C. Prior to starting the Work, the Contractor shall provide and inform all Contractorsof the methods and equipment for protecting the Project and persons from fire

damage, in accordance with applicable fire regulations.

D. Methods and equipment for protecting persons and the Project shall be subject toinspection and approval of the appropriate authority having jurisdiction over theProject site.

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




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F. 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;

2. The Contractor’s responsibility to sustain all costs, losses or damagesarising out of the nature of the work to be done, or due to any unforeseenor usual obstructions or difficulties which may be encountered in theaccomplishment of the work, or resulting from the work, or resulting fromthe action of the elements; and

3. The Contractor’s responsibility to protect existing public and privateproperty.

G. EMERGENCY

1. In the event of an emergency affecting the safety of persons, the Project oradjacent property, the Contractor, without special instruction orauthorization, shall act to prevent any threatened damage, injury or loss.

2. The Contractor shall give DCPL, through the Construction Manager,written notice if the Contractor believes that any significant change in theWork or variation from the Plans and Specifications has been caused byany emergency or action taken in response to an emergency.

H. SITE PROTECTION

1. Watchperson:

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

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

2. Lights:

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

I. PROTECTION OF THE PROJECT

1. The Contractor shall protect the Contractor's Work from weather, andshall maintain the Work and all materials, apparatus, and fixtures freefrom injury or damage during the entire construction period.




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H.20 EXISTING CONDITIONS

: (where applicable)

A. The Contractor shall verify by actual measurement existing work required toconnect 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 otherwiseindicated or specified.

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

C. INTERRUPTION OF EXISTING SERVICES

1. Whenever it becomes necessary to interrupt existing services in use by theOwner, such as sewer, water, gas and steam lines, electric or telephoneand cable service, the Contractor responsible for the Work shall continuethe Work on a 24 hour basis until the Work is completed and the servicerestored, or at such alternate time required by DCPL.

2. Before beginning such Work, the Contractor shall, through theConstruction Manager, apply in writing to and receive approval in writingfrom the Owner and the authority with appropriate jurisdiction over theProject, to establish a time when interruption of the service will cause aminimum of interference with the activities of the Owner.

D. DIFFERING SITE CONDITIONS

1. Should the Contractor encounter, during the progress of the Work,concealed physical conditions at the Project, differing materially fromthose upon which the Plans and Specifications permit the Contractor torely and differing materially from those ordinarily encountered andgenerally recognized as inherent in the Work of the character provided forin the contract, the Contractor shall notify the Architect, through theConstruction Manager, in writing of such conditions, before they aredisturbed.

2. The Architect and the Construction Manager will promptly investigate theconditions and if the Architect or the Construction Manager finds thatsuch conditions do materially differ from those upon which the Plans andSpecifications permit the Contractor to rely, or differ materially fromthose ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract, causing an increase ordecrease in the cost of the Contract, an appropriate Change Order shall beprocessed.




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3. The Contractor will only proceed with a proper authorization, in writing,as provided by the Plans and Specifications.

4. No claim of the Contractor under paragraph H20.D.2 shall be allowed

unless the Contractor provided the notice required in paragraph H20.D.1.

H.21 OPERATION AND MAINTENANCE INSTRUCTIONS

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

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

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

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

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

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

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

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

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

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

H.23

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

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

GOVERNMENT INSPECTORS:

H.24 DRAWINGS AND SPECIFICATIONS

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A. Pursuant to Article 2 of the General Provisions, Standard Contract Provisions, thegeneral character and scope of the work are illustrated by the specifications anddrawings listed in Section C.6 and included in Attachment J.1. Any additionaldetail drawings and other information deemed necessary by the ContractingOfficer will be furnished to the Contractor when and as required by the work.

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

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

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

of the work.

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

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

H.25 REFERENCE TO CODES AND REGULATIONS:




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

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

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

H.26 SINGULAR OR PLURAL NUMBERS

Where any device or part of equipment is herein referred to in the specifications or on the

drawings in the singular or plural number, such reference shall be deemed to apply to asmany such devices as are required to complete the installation as shown on the drawings.

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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 thefigures shown on the drawings before undertaking any construction work andshall be responsible for the accuracy of the finished work.

:

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

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

H.28 BUILDING LINES AND BATTER BOARDS

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A. Prior to commencing construction, the Contractor shall obtain a plat of

computations from the D.C. Surveyor’s Office to ascertain official referencepoints from which the property survey can be made.

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




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which may be required by him. The Contractor shall use these reproducibles asthe basis of the as-built drawings required under H.37.

H.32 PHOTOGRAPHS:

A. Site Condition Photographs

: Prior to start of construction work, the Contractorshall provide a minimum of five (5) site condition photographs of adjoiningprivate and public property, including sidewalks, driveways, curbs, gutters,fences, trees, shrubbery, retaining walls and other improvements on and aroundthe perimeter of the project site which may be subject to damage claims. Thelocation of photographs shall be as directed by the COTR. Photographs shallconform to requirements specified below.

B. Progress Photographs

1. Size approximately 8 x 10 ½ inches.

2. Taken as directed by the COTR.

3. All photographs shall have an extension (title margin) of approximately ¾inch clear paper at bottom of the 10 ½ inch side, with the followinginformation printed or typed thereon:

a. Name of project and Contractor;

b. Location of photographs in relation to project;c. Subject matter shown on photographs identified;d. Dates taken; ande. Serial numbers.

4. Glossy finish, mounted on linen. Provide a 1 inch wide binding margin onthe left side.

5. Number of photographs in each submission:

: The Contractor by the 15th day of each month shallsubmit progress photographs of the site at each work area. The requirements for

such photographs are as follows:

a. Prior to starting work, three (3) (in addition to site condition

photographs).b. All other submissions shall be a minimum of four (4).

6. Submitted to the COTR each month.

C. Finished Project Photographs: After building has been constructed, site cleanedup and the project is ready for acceptance by the District, the Contractor shallfurnish to the COTR two (2) prints each of four (4) photographs, plus thenegatives, as follows:




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1. One perspective view of project.

2. Three (3) photographs of areas designated by representatives of the COTR.

3. Photographs shall be 8 x 10 ½ inch size, with the following informationprinted in back:

a. Name of project; andb. View shown on photograph.

D. Should the number of photographs provided be other than that specified above,the Contracting Officer shall issue a change order adjusting the contract amount inaccordance with Article 3 of the Standard Contract Provisions.

E. Photographs shall be taken by a professional photographer on a minimum 4 x 5

inch negative size and all enlargements shall be clear and with the proper contrast.

F. The Contractor may submit photographs by taking photos using digital camerasthat provide the same degree of clarity and proper contrast. However, all thesubmittals shall be in the same aforementioned format, except in lieu of submitting the negatives, the Contractor shall submit the photos on the disks.

H.33

A. The purpose of this section is to define a standard procedure for determiningreasonable costs and times for purpose of making equitable adjustments underArticle 3, CHANGES, of the Standard Contract Provisions, General Provisionssection.

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

MODIFICATIONS TO ARTICLE 3, SECTION E, CHANGES, OF THE

STANDARD CONTRACT PROVISIONS, GENERAL PROVISIONS SECTION:

1. Where the nature of the change is known sufficiently in advance of

construction to permit negotiation, the parties shall attempt to agree on afully justifiable price adjustment or adjustment of time for completion.

2. If the parties fail to agree upon an equitable adjustment prior to the timethe proposed change affects the contract work, or if the ContractingOfficer determines it is not feasible to reach an agreement regarding anequitable adjustment, either due to lack of time or other reasons, theContracting Officer will order the change in accordance with Article 3 of the General Provisions and the Contractor shall proceed with the executionof the work so changed.




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

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

2.

a. If agreement on costs cannot be reached prior to execution of changed work, payment will be made for the actual costs providedrecords of such costs are made available and that such costs arereasonable and predicated on construction procedures normally

utilized for the work in question. If not, then payment shall bebased on standard trade estimating practice.

Price Adjustments

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

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

iii. Fringe benefits rate for each classification

iv. Construction equipmentv. Overheadvi. Profit

vii. Commissionviii. FICA, FUTA and DUTA (applied in basic hourly wage costs).

c. The Contractor shall furnish substantiation of fringe benefits,workmen compensation, FICA, DUTA, FUTA and Stateunemployment taxes at the request of the District.

d. The percentage for overhead, profit and commission to be allowedshall in no case exceed the following and shall be considered toinclude, but not limited to, insurance, other than mentioned herein,field and office supervisor and assistants above the level of foreman, incidental job burdens and general office expense,including field and home office. No percentage for overhead andprofit will be allowed on FICA (Social Security), FUTA (FederalUnemployment and DUTA (District Unemployment) taxes:

Overhead Profit Commission




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

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

D. If performance of the work is delayed by any of the causes specified in ParagraphH16 herein or Article 5 of the General Provisions, TERMINATION-DELAYS, of Standard Contract Provisions for Construction Contract, dated January 2007, asamended, a contract time extension may be justified.

1. The Contractor, when requesting an extension to the contractperiod of performance, must submit the same in writing withsupporting facts and backup documentation plus a detailed

explanation that must include, but be not limited to, thefollowing:

a. Reasons/cause and responsibility of each delay

b. Inclusive dates of each delay

c. Specific trades affected

d. Portion (s) of each work contract activity affected and the duration

thereof

e. Status of work activity affected before delay commenced

f. Concurrency of any other delays, including Contractor’s own

g. Net effect of each delay under this request, on the overall contractcompletion

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

limited to the following: establishment that prior to ordering therewas a reasonable assurance of timely supply; copies of eachpurchase order establishing the dates of procurement, invoices,delivery receipts and the like showing shipping or delivery dates;and copy of correspondence showing diligent attempts to followups to obtain materials when critically needed from other sources.

2. All documentation should demonstrate that any delay was unforeseeableand without the fault or negligence of the Contractor, subcontractor orsupplier involved. The Contractor will be entitled only to the additional




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number of days the project is delayed which is not concurrent with anotherdelay for which a time extension has been granted or for which a validrequest has been submitted.

3. In case of delays due to strikes, documentation shall include evidence of when and what trades struck, with reasons for the strike, prompt submittalof notice when the strike was ended and the date thereof, analysis of theeffect of the strike on the completion of the contract work.

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

5. Notwithstanding any other provision of the Plans and Specifications, timeextensions for changes in the Work will depend upon the extent to whichthe change causes delay in Work on the Critical Path of the ConstructionSchedule, if applicable, as determined pursuant to paragraph H16.F orH16.G.

6. If the circumstances are that extending the Contract Completion date is notpossible, the Contractor shall price all costs of accelerated performance inthe Contractor's Proposal.

7. A Change Order granting a time extension may provide that the ContractCompletion date will be extended for only those specific elements sodelayed and that remaining milestone completion dates will not be alteredand may further provide for adjustment of Liquidated Damages.

E. COST AND PRICING DATA1. Unless otherwise provided in the solicitation, the Contractor shall, before

negotiating any price adjustments pursuant to a change order ormodification, submit cost or pricing data and certification that, to the bestof the Contractor’s knowledge and belief, the cost or pricing datasubmitted was accurate, complete, and current as of the date of negotiation

of the change order or modification.

(applicable to a Change Order or Modification) :

2. If any price, including profit or fee, negotiated in connection with anychange order or contract modification, was increased by any significantamount because (1) the Contractor or a subcontractor furnished cost orpricing data that were not complete, accurate, and current as certified bythe Contractor, (2) a subcontractor or prospective subcontractor furnishedthe Contractor cost or pricing data that were not complete, accurate, andcurrent as certified by the Contractor, or (3) any of these parties furnisheddata of any description that were not accurate, the price or cost shall be




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(b) final termination settlement; or

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

H.34 SCAFFOLDING

:

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

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

C. The COTR will inspect the work upon the Contractor’s advising of completion of contract requirements, and the Contractor shall promptly remove the scaffolding

upon acceptance of the work.

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

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

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

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

H.35 EXISTING EQUIPMENT REMAINING IN USE

: (Where applicable)

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

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

H.36 TESTING AND CARE OF DRAINAGE FACILITIES

:

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

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




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line using a ¾ inch inside diameter garden hose without a nozzle and fullpressure from an existing hose cock.

2. On projects where work is to be executed in the area of storm drainage

structures such as yard drains, curb drains and catch basins, the Contractorshall conduct a hose test using a fire hose under pressure from a firehydrant.

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

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

accordance with the plumbing section of these specifications.

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

C. The Contractor shall promptly notify the COTR in writing of any existing drainlines found to be deficient. The Contracting Officer will initiate remedial actionby D.C. Government personnel or issue a change order in accordance withprovisions of Article 3, CHANGES, of the Standard Contract Provisions, GeneralProvisions section.

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

H.37 AS-BUILT DRAWINGS:

A. General: The Contractor shall, upon completion of all work under this contract,

prepare and furnish to the COTR, as specified herein, as-built drawings. The as-built drawings shall be a record of the construction as installed and completed bythe Contractor. They shall include all the information shown on the contract setof drawings, and all deviations, modifications, or changes from those drawings,however minor, which were incorporated in the work, including all additionalwork not appearing on the contract drawings, and all changes which are madeafter any final inspection of the contract work. In the event the Contractoraccomplished additional work which changes the as-built conditions of the facilityafter submission of the final as-built drawings, the Contractor shall furnish revisedor additional drawings as required to depict final as-built conditions. The




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The Contractor shall complete the corrections and return the drawings to theCOTR within ten (10) calendar days.

3. After approval, the COTR will return one (1) copy of the As-Built marked up

print, along with the original contract Mylar to the Contractor for use inpreparation of the final As-Built Drawings.

4. The Contractor shall incorporate the information from the approved preliminaryAs-Built Drawings into the final As-Built mylar in a neat, accurate andprofessional manner and deliver the same to the COTR.

5. The Contractor, as a condition precedent to execution of the certificate of Contract Completion, release of retainage and final payment, shall provide allProject record documents to the Architect, through the Construction Manager,for approval, which may include, without limitation:

D. Draftsmanship

E.

: The Contractor shall employ only personnel proficient in thepreparation of engineering drawings to standard, who are satisfactory andacceptable to the COTR to modify reproducible contract mylar or prepare newdrawings. All additions and corrections the Contractor makes to the contractmylar shall be neat, clean, and legible and shall match the adjacent existing linework or lettering annotated in type, density, size and style. The Contractor shallprepare all pencil work with plastic drawing lead suitable for use on mylarmaterial, and shall use the grade of lead that will produce a sharp clear heavyblack line similar to ink.

Final As-Built Drawings

1. Title block to be used for any new as-built drawings shall be similar to thatused on the original drawings.

: Upon completion of the Work, the Contractor shallorganize the As-Built Drawings into manageable sets, bind the sets with durablepaper cover sheets, certify to the accuracy of the As-Built Drawings by signaturethereon, and deliver the As-Built Drawings to the Architect, through theConstruction Manager. The Contractor shall letter or stamp the final revisions tothe As-Built drawings with the words “RECORD DRAWING” in letters at least3/8 inch high placed above the title block, if space permits; if not, below the titleblock between the border and the trim line. The date of completion and the words“REVISED AS-BUILT” shall be placed in the revision block above the latestexisting revision notation. The COTR will not permit markings on the reverseside of the drawings. The Contractor shall use the following details for labeling,

sizing and formatting the drawings:

2. New or added drawings shall be full size to match the overall dimensionsof the Government supplied mylar.

3. The COTR will review any final as-built drawings for accuracy andconformance to the drafting standard and other requirement contained in




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this and other sections. The Contractor shall make all corrections,changes, additions, and deletions required to meet these standards.

4. The Contractor shall complete and return the final as-built record drawings

(mylar) and return the same to the COTR within sixty (60) calendar daysafter the final inspection of the facility to which the drawings apply, unlessadditional time is granted by the COTR.

5. If the District furnishes the original contract drawings in digital format theContractor shall submit the as-built drawings on CD (3 copies) using thelatest version of AutoCAD.

6. The Owner may thereafter use the Record Drawings for any purposerelating to the Project including, without limitation, additions to orcompletion of the Project.

H.38 51% DISTRICT RESIDENTS

H.38.1 The Contractor shall comply with the First Source EmploymentAgreement Act of 1984, as amended, D.C. Official Code, sec. 2-219.01 etseq. (“First Source Act”).

H.38.2 The Contractor shall enter into and maintain, during the term of thecontract, a First Source Employment Agreement, Attachment J.4, in whichthe Contractor shall agree that:

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

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

H.38.3 The Contractor shall submit to DOES, no later than the 10th

each monthfollowing execution of the contract, a First Source Agreement Contract

Compliance Report (“contract compliance report”) verifying itscompliance with the First Source Agreement for the preceding month.The contract compliance report for the contract shall include the:

1. Number of employees needed;

2. Number of current employees transferred;

3. Number of new job openings created;

NEW HIRES/FIRST SOURCE EMPLOYMENTAGREEMENT:




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4. Number of job openings listed with DOES;

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

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

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

H.38.4 If the contract amount is equal to or greater than $100,000.00, theContractor agrees that 51% of the new employees hired for the contractshall be District residents.

H.38.5 With the submission of the Contractor’s final request for payment fromthe District, the Contractor shall:

1. Document in a report to the Contracting Officer its compliance withthe section H.38.3 of this clause; or

2. Submit a request to the Contracting Officer for a waiver of

compliance with section H.38.3 and include the followingdocumentation:

a. Material supporting a good faith effort to comply;

b. Referrals provided by DOES and other referral sources;

c. Advertisement of job openings listed with DOES and otherreferral sources; and

d. Any documentation supporting the waiver request pursuant

to section H.38.3.

H.38.6 The Contracting Officer may waive the provisions of section H.38.3 if theContracting Officer finds that:

a. A good faith effort to comply is demonstrated by the Contractor;

b. The Contractor is located outside the Washington StandardMetropolitan Statistical Area and none of the contract work isperformed inside the Washington Standard Metropolitan Area




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which includes the District of Columbia; the Virginia Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, andFredericksburg, the Virginia Counties of Fairfax, Arlington, PrinceWilliam, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpepper,

Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; andthe West Virginia Counties of Berkeley and Jefferson.

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

d. DOES certifies that there are insufficient numbers of Districtresidents in the labor market possessing the skills required by thepositions created as a result of the contract.

H.38.7 Upon receipt of the Contractor’s final payment request and relateddocumentation pursuant to sections H.38.3 and H.38.3, the ContractingOfficer shall determine whether the Contractor is in compliance withsection H.38.4 or whether a waiver of compliance pursuant to sectionH.38.3 is justified. If the Contracting Officer determines that theContractor is in compliance, or that a waiver of compliance is justified, theContracting Officer shall, within two business days of making thedetermination forward a copy of the determination to the Agency Chief Financial Officer (CFO) and the COTR.

H.38.8 Willful breach of the First Source Employment Agreement, or failure to

submit the report pursuant to section H.38.4, or deliberate submission of falsified data, may be enforced by the Contracting Officer throughimposition of penalties, including monetary fines of 5% of the totalamount of the direct and indirect labor costs of the contract. TheContractor shall make payment to DOES. The Contractor may appeal tothe D.C. Contract Appeals Board as provided in the contract any decisionof the Contracting Officer pursuant to this section H.38.3.

H.38.9 The provisions of sections H.38.3 through H.38.3 do not apply tononprofit organizations.

H.39

H.39.1 At any time or times before final payment and three (3) years thereafter,the Contracting Officer may have the Contractor’s invoices or vouchersand statements of cost audited. Any payment may be reduced by amountsfound by the Contracting Officer not to constitute allowable costs asadjusted for prior overpayment or underpayment. In the event that allpayments have been made to the Contractor by the District Governmentand an overpayment is found, the Contractor shall reimburse the Districtfor said overpayment within thirty (30) days after written notification.

AUDITS, RECORDS, AND RECORD RETENTION:




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H.39.2 The Contractor shall establish and maintain books, records, anddocuments (including electronic storage media) in accordance withgenerally accepted accounting principles and practices which sufficiently

and properly reflect all revenues and expenditures of funds provided bythe District under the contract that results from this solicitation.

H.39.3 The Contractor shall retain all records, financial records, supportingdocuments, statistical records, and any other documents (includingelectronic 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 andaudit findings have not been resolved at the end of five (5) years, therecords shall be retained until resolution of the audit findings or anylitigation which may be based on the terms of the contract.

H.39.4 The Contractor shall assure that these records shall be subject at allreasonable times

to inspection, review, or audit by Federal, District, or other personnel dulyauthorized by the Contracting Officer.

H.39.5 Persons duly authorized by the Contracting Officer shall have full accessto and the right to examine any of the Contractor’s contract and relatedrecords and documents, regardless of the form in which kept, at allreasonable times for as long as records are retained.

H.39.6 The Contractor shall include these aforementioned audit and recordkeeping requirements in all approved subcontracts and assignments.

H.40

The Contractor shall at all times obtain the prior written approval from theContracting Officer before the Contractor, any of its officers, agents, employeesor 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 thiscontract.

PUBLICITY:

H.41 FREEDOM OF INFORMATION ACT:

The District of Columbia Freedom of Information Act, at D.C. Official Code § 2-532 (a-3), requires the District to make available for inspection and copying anyrecord produced or collected pursuant to a District contract with a privateContractor to perform a public function, to the same extent as if the record weremaintained by the agency on whose behalf the contract is made. If theContractor receives a request for such information, the Contractor shallimmediately send the request to the COTR designated in subsection G.8 who




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will provide the request to the FOIA Officer for the agency with programmaticresponsibility in accordance with the D.C. Freedom of Information Act. If theagency with programmatic responsibility receives a request for a recordmaintained 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 toprovide all responsive records to the COTR within the timeframe designated bythe COTR. The FOIA Officer for the agency with programmatic responsibilitywill determine the reliability of the records. The District will reimburse theContractor for the costs of searching and copying the records in accordance withD.C. Official Code § 2-532 and Chapter 4 of Title 1 of the D.C. Municipal

Regulations.

H.42

During the performance of the contract, the Contractor and any of its

subcontractors shall comply with the ADA. The ADA makes it unlawful todiscriminate in employment against a qualified individual with a disability.See 42 U.S.C. 12101

AMERICANS WITH DISABILITIES ACT OF 1990 (ADA):

et seq

.

H.43

During the performance of the contract, the Contractor and any of itssubcontractors shall comply with Section 504 of the Rehabilitation Act of l973, asamended. This Act prohibits discrimination against disabled people in federally

funded program and activities. See 29 U.S.C. 794 (l983)

SECTION 504 OF THE REHABILITATION ACT OF 1973, ASAMENDED:

et seq.




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PART II

SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Standard Contract Provisions For Use With Specifications for District of ColumbiaGovernment Construction Projects, dated January 2007 and amendments thereto areincorporated herein by reference, with the same force and effect as if given in full text.

:

I.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

A. The Contractor shall be bound by the Wage Determination No. DC080004 dated1/8/2010 issued by the U.S. Department of Labor for Building Constructioncontracts and incorporated herein as Attachment J.4 of this solicitation. The

Contractor shall be bound by the wage rates for the term of the Contract.

B. In accordance with the applicable provisions of 29 CFR, Part 1, which requiresthe correct wage determination and the appropriate wage rates therein, isincorporate into this contract, General Wage Decision No. DC080004 dated1/8/2010 is bound herein and contains the specific applicable wage rates, whichare Building Construction Rates.

C. Further, as set forth in 29 CFR, Part 1, Section 1.6 (c) (3) (IV), if the intent to awardletter is not issued within ninety (90) days of bid opening, all interveningmodifications (or new wage decision) are made a part of this contract. The

Contractor will be reimbursed this added labor cost.

:

I.3

A. No official or employee of the District of Columbia or the Federal Governmentwho exercises any functions or responsibilities in the review or approval of theundertaking or carrying out of this contract shall, prior to the completion of theproject, voluntarily acquire any personal interest, direct or indirect, in the contractor proposed contract. (DC Procurement Practices Act of l985, D.C. Law 6-85,D.C. Official Code Section 2-310.01, and Chapter 18 of the DC PersonnelRegulations).

B. The Contractor represents and covenants that it presently has no interest and shallnot acquire any interest, direct or indirect, which would conflict in any manner ordegree with the performance of its services hereunder. The Contractor furthercovenants not to employ any person having such known interests in theperformance of the contract.

CONFLICT OF INTEREST:




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I.4 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’sOrder 85-85 dated June 10, 1985, the forms for completion of the Equal Employment

Opportunity Information Report are incorporated in Section K. An award cannot bemade to any Bidder who has not satisfied the equal employment requirements as set forthby the Department of Small and Local Business Development.

:

I.5 INSURANCE

:

A. GENERAL REQUIREMENTS. Prior to commencement of any work under thisContract, and in addition to other insurance bonds or securities required by law orunder the Contract terms, the Contractor shall procure and maintain during the lifeof the Contract, the following types of insurance:

1. The Contractor shall purchase and maintain such liability and other insurance

as will protect the Contractor from claims set forth below which may arise outof or result from the Contractor's performance or obligations under the Plansand Specifications, whether due to action or inaction by the Contractor or anyperson for whom the Contractor is responsible. The Contractor shall furnishevidence satisfactory to the Contracting Officer with respect to the operationsperformed by it, its employees and subcontractor, it carries in its own behalf,Owners’ and Contractors’ Protective Liability Insurance. If this Contract isfor building construction, the Commercial General Liability policy must beendorsed to include coverage for Explosion, Collapse and Underground(XCU). The policy must name the District as an additional insured

, contain awaiver of subrogation, and state that coverage is primary and non-contributory.

2. Claims under workers' compensation, occupational sickness or disease,disability benefit and other similar employee benefit acts;

3. Claims for damages because of bodily injury, disease, illness, death orpersonal injury, and other claims usually covered by bodily injury liabilityinsurance;

4. Claims for damages because of injury to or destruction of property and otherclaims usually covered by property damage liability insurance.

5. Commercial General Liability policy and Business Automobile Liability

policy to provide insurance and limits as indicated below. An umbrella orExcess Liability policy may be used to reach such limits.

Policy Limits -Commercial General Liability$2.000,000 General Aggregate$2,000.000 Products Completed Operations Aggregate$1.000,000 Occurrence Limit$1.000,000 Personal and Advertising injury Limit$100.000 Fire Legal Liability Limit$25,000 Medical Payments




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Policy Limits -Business Automobile$500.000 Combined Single Limit

6. Umbrella/Excess Liability. Contracts valued at over $100,000.00 ordetermined to be high risk must carry Umbrella/ Excess LiabilityInsurance with $5,000,000.00 limits per occurrence. The policy mustname the District as an additional insured

, contain a waiver of subrogation, and state that coverage is primary and non-contributory. If properties adjacent to the building site present unusual or hazardousconditions, higher Umbrella/ Excess Liability limits may be required.

7. Workers’ Compensation

. The Contractor shall carry according to thestatutes of the District of Columbia workers' compensation insurancecovering all of its employees employed upon the premises and inconnection with its other operations pertaining to this Contract, includingEmployer’s Liability, $100,000.00 per accident for injury, $100,000 peremployee for disease, $500,000.00 policy limit disease. The policy must

contain a waiver of subrogation endorsement. The Contractor agrees tocomply, at all times, with the provisions of the workers' compensationlaws of the District.

8. Automobile Liability Insurance

. The Contractor shall furnish automobileliability insurance to cover all owned, hired or non-owned motor vehiclesused in conjunction with the project. The policy shall cover the operationsperformed in the District with a $1,000,000.00 per occurrence combinedsingle limit for bodily injury and property damage. The policy coverageshall be Primary and Non-Contributory.

9. Builder’s Risk Insurance

. When a Contractor is involved solely in theinstallation of materials and equipment and not in new building

construction, the Contractor shall purchase and maintain either a Builder'sRisk, Builder's Risk-Renovations, or Installation Floater insurance policy.Contractor shall provide a Builder’s Risk policy or Installation Floaterwith limits equal to the projected market value of the completed project tocover property damage to existing facilities at the site. This policy is notrequired for contracts involving demolition only.

10. Professional E&O Liability. (This clause is not applicable to thiscontract

). All design and design/build contracts must procure ProfessionalErrors and Omissions (Architect’s & Engineer’s) Liability Insurance tocover architectural, engineering, construction management, surveying,hazardous materials testing, and design services performed under thisContract. The policy must provide limits of $1,000,000.00 per claim and a$3,000,000.00 aggregate. The Contractor shall maintain such insurancefor five (5) years following the District’s final acceptance of the work.The policy will cover the Design/Builder, its subcontractor andsubcontractors of every tier, and shall identify the District as the ProjectOwner on the policy.

B. INSURANCE POLICY REQUIREMENTS

1. Each policy of insurance required to be purchased and maintained by theContractor shall name the State as an additional insured and each policy and




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respective Certificate of Insurance shall expressly provide that no less than 30days prior written notice shall be given to DCPL in the event of cancellation,non-renewal, expiration or material alteration of the coverage contained insuch policy or evidenced by such Certificate of Insurance.

2. The Contractor shall furnish DCPL, when requested, a certified copy of anyinsurance or additional insured endorsement required to be purchased ormaintained by the Plans and Specifications. In no event shall any failure of DCPL to demand a certified copy of any required insurance or insuredendorsement be construed as a waiver of the obligation of the Contractor toobtain insurance required to be purchased or maintained by the Plans andSpecifications.

3. The Contractor shall maintain all insurance in the required amounts, withoutinterruption, from the date of the execution of the Contract until the date of

approval of the certificate of Contract Completion by DCPL Failure tomaintain the required insurance during the time specified shall be cause fortermination of the Contract.

4. Insurance policies required to be purchased and maintained by the Contractormay include a reasonable loss deductible, which shall be the responsibility of the Contractor to pay in the event of loss.

5. The prompt repair or reconstruction of the Work as a result of an insured lossor damage shall be the Contractor's responsibility and shall be accomplishedat no additional cost to the State.

C. WAIVERS OF SUBROGATION

1. DCPL and the Contractor waive all rights against each other for damagescaused by fire or other perils to the extent of actual recovery of any insuranceproceeds under any property insurance obtained pursuant to this Article orother property insurance applicable to the Work, except such rights as theyhave to proceeds of such insurance held by the Owner as fiduciary.

D. CERTIFICATE OF INSURANCE. The Contractor must submit verification of insurance on a standard Certificate of Insurance Associate for CooperativeOperations Research and Development (ACORD) form and receive approval

from the Contracting Officer prior to commencement of any work. The Contractorshall obtain the insurance from responsible companies licensed by the District of Columbia's Department of Banking, Insurance and Securities Regulation and shalldeliver the certificate of insurance to the Contracting Officer within fourteen (14)days of contract award. The policies of insurance shall provide for at least thirty(30) days written notice to the Contracting Officer prior to their termination ormaterial alteration.

E. DURATION. The Contractor shall carry all insurance until all contract work isaccepted by the District. Each insurance policy shall contain a binding




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endorsement that: The insurer hereby warrants and agrees that it shall not cancelthis policy, except after thirty (30) days written notice, by certified mail, to theContracting Officer.

F. CONTRACTOR’S PROPERTY. Contractors and subcontractor are solelyresponsible for any loss or damage to their personal property, including ownedand leased equipment, whether such equipment is located at a project site or “intransit”. This includes Contractor tools and equipment, scaffolding and temporarystructures, and rented machinery, storage sheds or trailers placed on the projectsite.

G. MEASURE OF PAYMENT. The District will not make any separate measure orpayment for the cost of insurance and bonds. The Contractor shall include all of the costs of insurance and bonds in the lump sum bid price.

I.6 ANTI-DISCRIMINATION CLAUSE

The Contractor:

1. Shall not discriminate in any manner against any employee or applicant foremployment in violation of Section 211 of the District of Columbia HumanRights Act (DC Law 2-38; DC Official Code Section 2-1402.11);

2. Shall include a similar clause in every subcontract, except subcontracts forstandard commercial supplies or raw materials;

3. Shall, along with all subcontractor, post in a conspicuous place available to

employees and applicants for employment, a notice setting forth the provisions of the anti-discrimination clause set out in Section 251 of the District of ColumbiaHuman Rights Act (DC Official Code Section 2-1402.51).

:

I.7

In accordance with D.C. Official Code 2-301.05a any contract over one million dollarsover a 12- month period must be approved by the D.C. Council before the award.

PRE-AWARD APPROVAL:

I.8 DISPUTES:

A. All disputes arising under or relating to this contract shall be resolved as providedherein.

B. Claims by a Contractor against the District.

Claim, as used in Section B of this clause, means a written assertion by theContractor seeking, as a matter of right, the payment of money in a sum certain,the adjustment or interpretation of contract terms, or other relief arising under orrelating to this contract. A claim arising under a contract, unlike a claim relating




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to that contract, is a claim that can be resolved under a contract clause thatprovides for the relief sought by the claimant.

(a) All claims by a Contractor against the District arising under or relating toa contract shall be in writing and shall be submitted to the ContractingOfficer for a decision. The Contractor’s claim shall contain at least thefollowing:

(1) A description of the claim and the amount in dispute;

(2) Any data or other information in support of the claim;

(3) A brief description of the Contractor’s efforts to resolve the disputeprior to filing the claim; and

(4) The Contractor’s request for relief or other action by the contractingofficer.

(b) The Contracting Officer may meet with the Contractor in a further attemptto resolve the claim by agreement.

(c) For any claim of $50,000.00 or less, the Contracting Officer shall issuea decision within sixty (60) calendar days from receipt of a written requestfrom a Contractor that a decision is rendered within that period.

(d) For any claim over $50,000.00, the Contracting Officer shall issue adecision within ninety (90) calendar days of receipt of the claim.Whenever possible, the Contracting Officer shall take into account factorssuch as the size and complexity of the claim and the adequacy of the

information in support of the claim provided by the Contractor.

(e) The Contracting Officer’s written decision shall do the following:

(1) Provide a description of the claim or dispute;(2) Refer to the pertinent contract terms;(3) State the factual areas of agreement and disagreement;(4) State the reasons for the decision, including any specific findings

of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding;

(5) If all or any part of the claim is determined to be valid, determinethe amount of monetary settlement, the contract adjustment to be

made, or other relief to be granted;(6) Indicate that the written document is the contracting officer’s final

decision; and(7) Inform the Contractor of the right to seek further redress by

appealing the decision to the Contract Appeals Board.

(f) Any failure by the Contracting Officer to issue a decision on a contractclaim within the required time period will be deemed to be a denial of the




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claim, and will authorize the commencement of an appeal to the ContractAppeals Board as authorized by D.C. Official Code § 2-309.04.

(g) (1) If a Contractor is unable to support any part of his or her claim and itis determined that the inability is attributable to a materialmisrepresentation of fact or fraud on the part of the Contractor, theContractor shall be liable to the District for an amount equal to theunsupported part of the claim in addition to all costs to the Districtattributable to the cost of reviewing that part of the Contractor’s claim.

(2) Liability under paragraph (9)(1) shall be determined within six (6)years of the commission of the misrepresentation of fact or fraud.

(h) The decision of the Contracting Officer shall be final and not subject toreview unless an administrative appeal or action for judicial review istimely commenced by the Contractor as authorized by D. C. Official Code

§ 2-309.04.

(i) Pending final decision of an appeal, action, or final settlement, a Contractorshall proceed diligently with performance of the contract in accordancewith the decision of the Contracting Officer.

C. Claims by the District against a Contractor

(a) Claim as used in Section C of this clause, means a written demand orwritten assertion by the District seeking, as a matter of right, the paymentof money in a sum certain, the adjustment of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract,

unlike a claim relating to that contract, is a claim that can be resolvedunder a contract clause that provides for the relief sought by the claimant.

(b) (1) The Contracting Officer shall decide all claims by the District against aContractor arising under or relating to a contract.

(2) The Contracting Officer shall send written notice of the claim tothe Contractor. The Contracting Officer’s written decision shall dothe following:

(a) Provide a description of the claim or dispute;

(b) Refer to the pertinent contract terms;

(c) State the factual areas of agreement and disagreement;

(d) State the reasons for the decision, including any specificfindings of fact, although specific findings of fact are notrequired and, if made, shall not be binding in anysubsequent proceeding;




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(e) If all or any part of the claim is determined to be valid,determine the amount of monetary settlement, the contractadjustment to be made, or other relief to be granted;

(f) Indicate that the written document is the ContractingOfficer’s final decision; and

(g) Inform the Contractor of the right to seek further redress byappealing the decision to the Contract Appeals Board.

(3) The decision shall be supported by reasons and shall inform theContractor of his or her rights as provided herein.

(4) The authority contained in this clause shall not apply to a claim ordispute for penalties or forfeitures prescribed by statute orregulation which another District agency is specifically authorizedto administer, settle, or determine.

(5) This clause shall not authorize the Contracting Officer to settle,compromise, pay, or otherwise adjust any claim involving fraud.

(c) The decision of the Contracting Officer shall be final and not subject to reviewunless an administrative appeal or action for judicial review is timelycommenced by the District as authorized by D.C. Official Code §2-309.04.

(d) Pending final decision of an appeal, action, or final settlement, the Contractorshall proceed diligently with performance of the contract in accordance withthe decision of the Contracting Officer.

I.9

The Contractor shall keep all the information obtained relating to any employee orcustomer of the District in absolute confidence, and shall not use it in connection withany other matters, or disclose it to any other person, firm, or corporation, in accordancewith the District and Federal laws governing the confidentiality of records.

CONFIDENTIALITY OF INFORMATION:

I.10

Time or performance period, if stated in number of days, shall mean calendar days which

that includes Saturdays, Sundays, and holidays, unless stated otherwise therein.

TIME:

I.11

The Contractor shall not commit or permit any act that will interfere with theperformance of work by another District Contractor or by any District employee.

OTHER CONTRACTORS :

I.12 INCORPORATION AND ORDER OF PRECEDENCE:

The following documents are incorporated herein by reference and in case of any




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discrepancy the following Order Of Precedence shall apply: (1) Schedule ForConstruction, Alteration, Repairs Prices (Section-B), (2) Scope, Specifications andDrawings (Attachment J.1)(3) Special Contract Requirements (Section H), (4) Contract Clauses (Section I), (5) US-

DOL Wage Determination Rates (Attachment-J.4), and (6) Standard Contract Provisionsfor use with Construction Projects dated January 2007, as amended.

I.13

Any contract in excess of $l,000,000.00 shall not be binding or give rise to any claim ordemand against the District until approved by the Council of the District of Columbia,and signed by the Contracting Officer.

CONTRACTS IN EXCESS OF $1 MILLION DOLLARS:




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PART III

SECTION J: LIST OF ATTACHMENTS

J.1 1/13/2010 Mt. Pleasant Library Issued for Bid Package – CD Available from DCPLat no charge to bidding contractors.

J.2 First Source Employment Agreement – Part of Solicitation

J.3 Required Labor Contract Provisions -- Part of Solicitation

J.4 Wage Determination Number DC080004 – 1/8/2010 - Part of Solicitation

J.5 Small and Local Business Opportunity Commission Certification Package – Part of

Solicitation

J.6 Hazardous Materials Survey conducted by Advantage Environmental Consultants,LLC dated October 8, 2009 – CD Available from DCPL at no charge to biddingcontractors.

J.7 NOT USED

J.8 Bid Package Scopes of Work – BP 01 thru BP16 – Also available on CD Availablefrom DCPL at no charge to bidding contractors.




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ATTACHMENT J.1

Technical Specifications and Drawings(separate volume)




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E. This Agreement shall take effect when signed by the parties below andshall be fully effective for the duration of the contract and any extensionsor modifications to the contract.

F. This Agreement shall not be construed as an approval of theEMPLOYER'S bid package, bond application, lease agreement, zoningapplication, loan, or contract/subcontract.

G. DOES and the EMPLOYER agree that for purposes of this Agreement,new hires and jobs created (both union and nonunion) include allEMPLOYER'S job openings and vacancies in the Washington StandardMetropolitan Statistical Area created as a result of internal promotions,terminations, and expansions of the EMPLOYER'S workforce, as a resultof this project, including loans, lease agreements, zoning applications,bonds, bids, and contracts.

H. For purposes of this Agreement, apprentices as defined in D.C. Law 2-156, as amended, are included.

I. The EMPLOYER shall register an apprenticeship program with the D.C.Apprenticeship Council for construction or renovation contracts orsubcontracts totaling $500,000 or more. This includes any construction orrenovation contract or subcontract signed as the result of, but is not limitedto, a loan, bond, grant, Exclusive Right Agreement, street or alley closing,or a leasing agreement of real property for one (1) year or more.

J. All contractors who contract with the Government of the District of Columbia to perform information technology work with a single contractor cumulative contracts of at least $500,000, let within any twelve (12)month period shall be required to register an apprenticeship program withthe District of Columbia Apprenticeship Council.

K. The term “information technology work” shall include, but is not limitedto, the occupations of computer programmer, programmer analyst, desktopspecialist, technical support specialist, database specialist, network supportspecialist, and any other related occupations as the District of ColumbiaApprenticeship Council may designate by regulation.

II. RECRUITMENT

A. The EMPLOYER will complete the attached Employment Plan, whichwill indicate the number of new jobs projected, salary range, hiring dates,and union requirements. The EMPLOYER will notify DOES of itsspecific need for new employees as soon as that need is identified.

B. Notification of specific needs, as set forth in Section II.A. must be given toDOES at least five (5) business days (Monday - Friday) before using any



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other referral source, and shall include, at a minimum, the number of employees needed by job title, qualification, hiring date, rate of pay, hoursof work, duration of employment, and work to be performed.

C. Job openings to be filled by internal promotion from the EMPLOYER'Scurrent workforce need not be referred to DOES for placement andreferral.

D. The EMPLOYER will submit to DOES, prior to starting work on theproject, the names, and social security numbers of all current employees,including apprentices, trainees, and laid-off workers who will beemployed on the project.

III. REFERRAL

DOES will screen and refer applicants according to the qualificationssupplied by the EMPLOYER.

IV. PLACEMENT

A. DOES will notify the EMPLOYER, prior to the anticipated hiring dates,of the number of applicants DOES will refer. DOES will make everyreasonable effort to refer at least two qualified applicants for each jobopening.

B. The EMPLOYER will make all decisions on hiring new employees butwill in good faith use reasonable efforts to select its new hires oremployees from among the qualified persons referred by DOES.

C. In the event DOES is unable to refer the qualified personnel requested,within five (5) business days (Monday - Friday) from the date of notification, the EMPLOYER will be free to directly fill remainingpositions for which no qualified applicants have been referred.Notwithstanding, the EMPLOYER will still be required to hire 51%District residents for the new jobs created by the project.

D. After the EMPLOYER has selected its employees, DOES will not beresponsible for the employees' actions and the EMPLOYER herebyreleases DOES, and the Government of the District of Columbia, theDistrict of Columbia Municipal Corporation, and the officers and

employees of the District of Columbia from any liability for employees'actions.

V. TRAINING

DOES and the EMPLOYER may agree to develop skills training and on-the-job training programs; the training specifications and cost for such



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training will be mutually agreed upon by the EMPLOYER and DOES andset forth in a separate Training Agreement.

VI. CONTROLLING REGULATIONS AND LAWS

A. To the extent this Agreement is in conflict with any labor laws orgovernmental regulations, the laws or regulations shall prevail.

B. DOES will make every effort to work within the terms of all collectivebargaining agreements to which the EMPLOYER is a party.

C. The EMPLOYER will provide DOES with written documentation that theEMPLOYER has provided the representative of any involved collectivebargaining unit with a copy of this Agreement and has requestedcomments or objections. If the representative has any comments orobjections, the EMPLOYER will promptly provide them to DOES.

VII. EXEMPTIONS

A. Contracts, subcontracts or other forms of government-assistance lessthan $100,000.

B. Employment openings the contractor will fill with individuals alreadyemployed by the company.

C. Job openings to be filled by laid-off workers according to formallyestablished recall procedures and rosters.

D. Suppliers located outside of the Washington Standard Metropolitan

Statistical Area and who will perform no work in the WashingtonStandard Metropolitan Statistical Area.

VIII. AGREEMENT MODIFICATIONS, RENEWAL, MONITORING, AND PENALTIES

A. If, during the term of this Agreement, the EMPLOYER should transferpossession of all or a portion of its business concerns affected by thisAgreement to any other party by lease, sale, assignment, merger, orotherwise, the EMPLOYER as a condition of transfer shall:

1. Notify the party taking possession of the existence of the

EMPLOYER'S Agreement.

2. Notify the party taking possession that full compliance with thisAgreement is required in order to avoid termination of the project.

3. EMPLOYER shall, additionally, advise DOES within seven (7)business/calendar days of the transfer. This advice will include thename of the party taking possession and the name and telephone of that party's representative.



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B. DOES shall monitor EMPLOYER'S performance under this Agreement.The EMPLOYER will cooperate in DOES' monitoring effort and willsubmit a Contract Compliance Form to DOES monthly.

C. To assist DOES in the conduct of the monitoring review, the EMPLOYERwill make available payroll and employment records for the review periodindicated.

D. If additional information is needed during the review, the EMPLOYERwill provide the requested information to DOES.

E. With the submission of the final request for payment from the District, theEMPLOYER shall:

1. Document in a report to the Contracting Officer its compliance withthe requirement that 51% of the new employees hired by the project beDistrict residents; or

2. Submit a request to the Contracting Officer for a waiver of compliancewith the requirement that 51% of the new employees hired by theproject be District residents and include the following documentations:

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

referral sources.

F. The Contracting Officer may waive the requirement that 51% of the newemployees hired by the project be District residents, if the Contracting Officerfinds that:

1. A good faith effort to comply is demonstrated by the contractor;

2. The EMPLOYER is located outside the Washington StandardMetropolitan Statistical Area and none of the contract work isperformed inside the Washington Standard Metropolitan StatisticalArea;

The Washington Standard Metropolitan Statistical Area includesthe District of Columbia, the Virginia Cities of Alexandria, Falls

Church, Manasas, Manasas Park, Fairfax, and Fredericksburg; theVirginia Counties of Fairfax, Arlington, Prince William,Loudoun, Stafford, Clarke, Warren, Fauquier, Culpeper,Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert;and the West Virginia Counties of Berkeley and Jefferson.

3. The EMPLOYER enters into a special workforce development trainingor placement arrangement with DOES; or



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EMPLOYMENT PLAN

NAME OF FIRM______________________________________________________________

ADDRESS___________________________________________________________________

TELEPHONE NUMBER_____________FEDERAL IDENTIFICATION NO._____________

CONTACT PERSON________________________TITLE_____________________________

E-mail:__________________________ TYPE OF BUSINESS: ______________________

ORIGINATING DISTRICT AGENCY______________________________________________

CONTRACTING OFFICER: _____________________ TELEPHONE NUMBER: __________

TYPE OF PROJECT________________________FUNDING AMOUNT__________________

PROJECTED START DATE______________PROJECT DURATION____________________



NEW JOB CREATION PROJECTIONS (Attach additional sheets, as needed.) Please indicatethe new position(s) your firm will create as a result of this project.

JOB TITLE # OF JOBSF/T P/T

SALARYRANGE

UNION MEMBERSHIPREQUIRED

NAME LOCAL#

PROJECTEHIRE DAT

A

B

C

D

E

F

G

H

I

J

K



Solicitation No. DCPL-2010-R-0005

Project Name: Mount Pleasant Library General Construction

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CURRENT EMPLOYEES: Please list the names and social security numbers of all current employeesincluding apprentices and trainees who will be employed on the project. Attach additional sheets as needed.

NAME OF EMPLOYEE SOCIAL SECURITY NUMBER orEMPLOYEE IDENTIFICATION NUMBER





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1.

ATTACHMENT J.3

REQUIRED LABOR CONTRACT PROVISIONSPAYMENT OF PREDETERMINED MINIMUM WAGES

A. Standard Contract Clauses (Contracts exceeding $2,000.00)

(i) All laborers and mechanics employed or working upon the site of the work (or underthe United States Housing Act of 1937 or under the Housing Act of 1949 in theContractor or developing of the project), will be paid unconditionally and not lessoften than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretaryof Labor, United States Department of Labor, hereinafter referred to as the Secretaryof Labor, under the Copeland Act (29 CFR, Part 3), the full amount of wages andbona-fide fringe benefits (or cash equivalents thereof), due at the time of paymentcomputed at rates not less than those contained in the wage determination of the

Secretary of Labor which is attached hereto and made a part hereof, regardless of anycontractual relationship which may be alleged to exist between the Contractor andsuch laborers and mechanics.

Contributions made or costs reasonably anticipated for bona-fide fringe benefits underSections (1)(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics, areconsidered wages paid to such laborers or mechanics subject to the provisions ofparagraph A(1)(iv) of this Section; also regular contributions made or costs incurredfor more than a weekly period (but not less than often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to beconstructively made or incurred during such weekly period. Such laborers and

mechanics shall be paid the appropriate wage rate and fringe benefits on the wagedetermination for the classification of work actually performed, without regard to skillexcept as provided in A(4).

Laborers or mechanics performing work in more than one classification may becompensated at the rate specified for each classification for the time actually workedtherein:

Provided, that the employer’s payroll records accurately set forth the time spent ineach classification in which work is performed. The wage determination (includingany additional classification and wage rates conformed under paragraph A(1)(ii) of

this Section), and the Davis-Bacon poster (WH-1321) shall be posted at all times bythe Contractor and its subcontractor at the site of the work in a prominent andaccessible place where it can be easily seen by the workers.

Minimum Wages

(ii) (A) The Contracting Officer of the District of Columbia, Fire and Emergency MedicaService, hereinafter referred to as the Contracting Officer, shall require that any classof laborers or mechanics which is not listed in the wage determination and which is tobe employed under the contract shall be classified in conformance with the wagedetermination. The Contracting Officer shall approve an additional classification and





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wage rate and fringe benefits therefore only when the following criteria have beenmet:

(1) The work to be performed by the classification requested is not performed by aclassification in the wage determination;

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona-fide fringe benefits, bears areasonable relationship to the wage rates contained in the wage determination.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (ifknown), or their representatives, agree with the classification and wage rate (includingthe amount designated for fringe benefits where appropriate), a report of the actiontaken shall be sent by the Contracting Officer to the Administrator of the Wage andHour Division, Employment Standards Administration, U. S. Department of LaborWashington, D. C. 20210. The Administrator, or an authorized representative, wilapprove, modify, or disapprove every additional classification action within thirty (30)

days of receipt and so advise the Contracting Officer or will notify the ContractingOfficer within the thirty (30) day period that additional time is necessary.

(C) In the event the Contractor, or the laborers or mechanics to be employed in theclassification or their representatives, and the Contracting Officer do not agree on theproposed classification and wage rate (including the amount designated for fringebenefits, where appropriate), the Contracting Officer shall refer the questions,including the views of all interested parties and the recommendation of theContracting Officer, to the Administrator for determination. The Administrator, or anauthorized representative, will issue a determination within thirty (30) days of receiptand so advise the Contracting Officer or will notify the Contracting Officer within the

30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate), determined pursuant tosub-paragraphs (1)(B) or (1)(C) of this paragraph, shall be paid to all workersperforming work in the classification under this contract from the first day on whichwork is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanicsincludes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay thebenefit as stated in the wage determination or shall pay another bona-fide fringe benefit or an hourlycash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor mayconsider, as part of the wages of any laborer or mechanic, the amount of any cost reasonablyanticipated in providing bona-fide fringe benefits under a plan or program, Provided, that theSecretary of Labor has found, upon the written request of the Contractor, that the applicable standardsof the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to seaside, in a separate account, assets for the meeting of obligations under the plan or program.





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2.

The Contracting Officer shall, upon his or her own action or upon written request of an authorizedrepresentative of the United States Department of Labor, withhold or cause to be withheld from theContractor, under this contract or any other Federal contract with the same prime Contractor, or anyother Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held

by the same Contractor, so much of the accrued payments or advances as may be considerednecessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed bythe Contractor or any subcontractor, the full amount of wages required by the contract. In the evenof failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed orworking on the site of the work (or under the United States Housing Act of 1937 or under theHousing Act of 1949 in the construction or developing of the project), all or part of the wagesrequired by the contract, the Contracting Officer may, after written notice to the Contractor, sponsor,applicant, or owner, take such action as may be necessary to cause the suspension of any furtherpayment, advance or guarantee of funds until such violations have ceased.

Withholding

3.

(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during thecourse of the work and preserved for a period of three (3) years thereafter for all laborers andmechanics working at the site of the work (or under the United States Housing Act of 1937, orunder the Housing Act of 1949, in the construction or development of the project). Suchrecords shall contain the name, address, and social security number of each such worker, hisor her correct classification, hourly rates of wages paid (including rates of contributions orcosts anticipated for bona-fide fringe benefits or case equivalents thereof of the typesdescribed in Section 1(b)2(B) of the Davis-Bacon Act), daily and weekly numbers of hoursworked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of anylaborer or mechanic include the amount of any costs reasonably anticipated in providingbenefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, theContractor shall maintain records which show that the commitment to provide such benefits isenforceable, that the plan or program is financially responsible, and that the plan or programhas been communicated in writing to the laborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurred in providing such benefits. Contractorsemploying apprentices or trainees under approved programs shall maintain written evidenceof the registration of apprenticeship programs, the certification of trainee programs, theregistration of the apprentices and trainees, and the ratios and wage rates prescribed in theapplicable programs.

Payrolls and Basic Records

(ii) (A) The Contractor shall submit weekly, for each week in which any contract work isperformed, a copy of all payrolls to the District of Columbia Government if the agencyis a party to the contract, but if the agency is not such a party, the Contractor willsubmit the payrolls to the applicant, sponsor, or owner, as the case may be, fortransmission to the District of completely all of the information required to bemaintained under 5.5(a)(3)(I) of Regulations, 29 CFR Part 5. This information may besubmitted in any form desired. Optional Form WH-347 is available for this purposeand may be purchased from the Superintendent of Documents (Federal Stock Number029-005-00014-1), U. S. Government Printing Office, Washington, D.C. 20402. The





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4.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for thework they performed when they are employed pursuant to and individually registered in abona-fide apprenticeship program registered with the U.S. Department of Labor, Employmentand Training Administration, Bureau of Apprenticeship and Training, or with a State

Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first90 days of probationary employment as an apprentice in such as apprenticeship program, whois not individually registered in the program, but who has been certified by the Bureau ofApprenticeship and Training or a State Apprenticeship Agency (where appropriate), to beeligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratiopermitted to the Contractor as to the entire work force under the registered program. Anyworker listed on a payroll at an apprentice wage rate, who is not registered or otherwiseemployed as stated above, shall be paid not less than the applicable wage rate on the wagedetermination for the classification of work actually performed. In addition, any apprenticeperforming work on the job site in excess of the ratio permitted under the registered program

shall be paid not less than the applicable wage rate on the wage determination for the workactually performed. Where a Contractor is performing construction on a project in a localityother than that in which its program is registered, the ratios and wage rates (expressed inpercentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’sregistered program shall be observed. Every apprentice must be paid at not less than the ratespecified in the registered program for the apprentice’s level of progress, expressed as apercentage of the journeymen hourly rate specified in the applicable wage determinationApprentices shall be paid fringe benefits in accordance with the provisions of theapprenticeship program. If the apprenticeship program does not specify fringe benefitsapprentices must be paid the full amount of fringe benefits listed on the wage determinationfor the applicable classification. If the Administrator determines that a different practice

prevails for the applicable apprentice classification, fringes shall be paid in accordance withthat determination. In the event the Bureau of Apprenticeship and Training, or a StateApprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeshipprogram, the Contractor will no longer be permitted to utilize apprentices at less than theapplicable predetermined rate for the work performed until an acceptable program isapproved.

Trainees. Except as provided in 20 CFR 5.16, trainees will not be permitted to work at lessthan the predetermined rate for the work performed unless they are employed pursuant to andindividually registered in a program which has received prior approval, evidenced by formalcertification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted underthe plan approved by the Employment and Training Administration. Every trainee must bepaid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicablewage determination.

Apprentices and Trainees

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee amountof fringe benefits listed on wage determination unless the Administrator of the Wage andHour Division determines that there is an apprenticeship program associated with the





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corresponding journeyman wage rate on the wage determination, which provides for less thanfull fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who isnot registered and participating in a training plan approved by the Employment and TrainingAdministration shall be paid not less than the applicable wage rate on the wage determinationfor the classification of work actually performed.

In the event the Employment and Training Administration withdraws approval of a trainingprogram, the Contractor will no longer be permitted to utilize trainees at less than theapplicable predetermined rate for the work performed until an acceptable program isapproved.

Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymenunder this part shall be in conformity with the equal employment opportunity requirementsand Executive Order 11246, as amended and 29 CFR Part 30.

5.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated byreference in this contract.

Compliance with Copeland Act Requirements

6.

The Contractor or subcontractor shall insert in any subcontracts, the clauses contained in 29 CFR5.5(a)(1) through (10) and such other clauses as the Contracting Officer may, by appropriateinstructions require, and also a clause requiring the subcontractor to include these clauses in anylower tier subcontracts. The prime Contractor shall be responsible for the compliance by anysubcontractor with all the contract clauses in 29 CFR 5.5.

Subcontracts

7.

A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, andfor debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.

Contract Termination: Debarment

8.

All rulings and interpretations of the Davis-Bacon and related Acts contained in 20 CFR Parts 1, 3and 5 are herein incorporated by reference in this contract.

Compliance with Davis-Bacon and Related Act Requirements

9.

Disputes arising out of the labor standards provisions of this contract shall not be subject to thegeneral disputes clause of this contract. Such disputes shall be resolved in accordance with theprocedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within themeaning of this clause include disputes between the Contractor (or any of its subcontractor) and thecontracting agency, the U. S. Department of Labor, or the employees or their representatives.

Disputes Concerning Labor Standards





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10.

A. By entering into this contract, the Contractor certifies that neither it (nor he or she), nor anyperson or firm who has an interest in the Contractor’s firm who has an interest in theContractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue

of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(i) No part of this contract shall be subcontracted to any person or firmineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18U.S.C. 1001.

B.

Certification of Eligibility

1.

Contract Work Hours and Safety Standards Act

The Agency Head shall cause or require the Contracting Officer to insert the followingclauses set forth in paragraphs B(1), (2), (3), and (4) of this Section in full, in any contractsubject to the overtime provisions of the contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by 5.5(a) or 4.6 of Part 4 of29 CFR. As used in this paragraph, the terms “laborers” and “mechanics” include watchmenand guards.

No Contractor or subcontractor contracting for any part of the contract work mayrequire or involve the employment of laborers or mechanics shall require or permitany such laborer or mechanic in any work week in which he or she is employed onsuch work to work in excess of forty hours in such work week unless such laborer ormechanic receives compensation at a rate not less than one and one-half times thebasic rate of pay for all hours worked in excess of forty hours in such work week,whichever is greater.

Overtime Requirements

2. Violation: Liability for Unpaid Wages

:

In the event of any violation of the clause set forth in subparagraph (1) of thisparagraph, the Contractor and any subcontractor responsible therefore shall be liablefor the unpaid wages. In addition, such Contractor and subcontractor shall be liable tothe United States (in the case of work done under contract for the District of Columbiaor a territory, to such District or to such territory) for liquidated damages. Suchliquidated damages shall be computed with respect to each individual laborer ormechanic, including watchmen and guards, employed in violation of the clause setforth in subparagraph (1) of this paragraph, in the sum of $10.00 for each calendar dayon which such individual was required or permitted to work in excess of the standardwork week of forty hours without payment of the overtime wages required by theclauses set forth in subparagraphs (1) of this paragraph.

Liquidated Damages





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3.

The Contracting Officer shall, upon his own action or upon written request of an

authorized representative of the Department of Labor, withhold or cause to bewithheld, from any moneys payable on account of work performed by the Contractoror subcontractor under any such contract or any other Federal contract with the sameprime Contractor, or any other Federally-assisted contract, subject to the ContractWork Hours and Safety Standards Act, which is held by the same prime Contractorsuch sums as may be determined to be necessary to satisfy any liabilities of suchContractor or subcontractor for unpaid wages and liquidated damages as provided inthe clause set forth in subparagraph (2) of this paragraph.

4.

Withholding for Unpaid Wages and Liquidated Damages

Subcontracts

The Contractor or subcontractor shall insert in any subcontracts, the clauses set forthin subparagraphs (1) through (4) of this paragraph and also a clause requiring thesubcontractor to include these clauses in any lower tier subcontracts. The primeContractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in subparagraphs (1) through (4) of thisparagraph.

C. Contract Work Hours and Safety Standards Act

In addition to the clauses contained in paragraph B, in any contract subject only to theContract Work Hours and Safety Standards Act and not to any of the other statutes cited in5.1, the Agency Head shall cause or require the Contracting Officer to insert a clauserequiring that the Contractor or subcontractor shall maintain payrolls and basic payrollrecords during the course of the work and shall preserve them for a period of three (3) yearsfrom the completion of the contract for all laborers and mechanics, including guards andwatchmen, working on the contract. Such records shall contain the name and address of eachsuch employee, social security number, correct classification, hourly rates of wages paiddaily and weekly number of hours worked, deductions made, and actual wages paid. Furtherthe Agency Head shall cause or require the Contracting Officer to insert in any such contract,a clause providing that the records to be maintained under this paragraph shall be madeavailable by the Contractor or subcontractor for inspection, copying, or transcription byauthorized representatives of the Contracting Officer and the Department of Labor, and theContractor or subcontractor will permit such representatives to interview employees duringworking hours on the job.





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ATTACHMENT J.4

WAGE DETERMINATION NUMBER DC080004

GENERAL DECISION: DC20080004 01/08/2010 DC4

Date: January 8, 2010General Decision Number: DC20080004 01/08/2010

State: District of Columbia

Construction Type: Building

County: District of Columbia Statewide.

BUILDING CONSTRUCTION PROJECTS (does not include single familyhomes or apartments up to and including 4 stories).

Modification Number Publication Date0 06/12/20091 06/19/20092 06/26/20093 07/03/20094 07/10/20095 07/31/20096 08/14/20097 09/18/2009

8 10/02/20099 11/20/2009

10 01/08/2010

ASBE0024-007 10/01/2008

Rates Fringes

ASBESTOS WORKER/HEAT & FROSTINSULATOR........................$ 29.18 14.18

Includes the application of all insulating materials,

protective coverings, coatings and finishes to all types of mechanical systems

----------------------------------------------------------------ASBE0024-008 10/01/2008

Rates Fringes

ASBESTOS WORKER: HAZARDOUSMATERIAL HANDLER (REMOVALFROM MECHANICAL SYSTEMS,





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WHICH WILL NOT BE REPLACED ORSCRAPPED)........................$ 17.85 6.60----------------------------------------------------------------BRDC0001-002 05/04/2009

Rates Fringes

BRICKLAYER.......................$ 26.31 7.11----------------------------------------------------------------CARP0132-008 05/01/2009

Rates Fringes

CARPENTER, Including DrywallHanging, Formsetting andCarpet/Soft Floor Laying.........$ 26.38 7.00PILEDRIVERMAN....................$ 24.48 7.70----------------------------------------------------------------CARP1831-002 04/01/2009

Rates Fringes

MILLWRIGHT.......................$ 29.39 6.55----------------------------------------------------------------ELEC0026-016 06/01/2009

Rates Fringes

ELECTRICIAN, Including HVACTemperature ControlInstallation.....................$ 37.60 12.28+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Jr.'sBirthday, Inauguration Day, Memorial Day, Fourth of July,Labor Day, Veterans Day, Thanksgiving Day, the day afterThanksgiving and Christmas Day or days designated as legalholidays by the Federal Government.

----------------------------------------------------------------ELEC0026-017 09/01/2008

Rates Fringes

ELECTRICIAN: COMMUNICATION

TECHNICIAN.......................$ 24.25 3%+6.87

SCOPE OF WORK: Includes low voltage construction,installation, maintenance and removal of teledatafacilities (voice, data and video) including outside plant,telephone and data inside wire, interconnect, terminalequipment, central offices, PABX, fiber optic cable andequipment, railroad communications, micro waves, VSAT,bypass, CATV, WAN (Wide area networks), LAN (Local areanetworks) and ISDN (Integrated systems digital network).





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WORK EXCLUDED: The installation of computer systems inindustrial applications such as assembly lines, roboticsand computer controller manufacturing systems. Theinstallation of conduit and/or raceways shall be installedby Inside Wiremen. On sites where there is no InsideWireman employed, the Teledata Technician may installraceway or conduit not greater than 10 feet. Fire alarm

work is excluded on all new construction sites or whereverthe fire alarm system is installed in conduit. All HVACcontrol work.

----------------------------------------------------------------* ELEV0010-001 01/01/2010

Rates Fringes

ELEVATOR MECHANIC................$ 37.30 20.035+a+b

a. PAID HOLIDAYS: New Year's Day, Memorial Day, IndependenceDay, Labor Day, Veterans' Day, Thanksgiving Day, Christmas

Day and the Friday after Thanksgiving.

b. VACATIONS: Employer contributes 8% of basic hourly ratefor 5 years or more of service; 6% of basic hourly rate for6 months to 5 years of service as vacation pay credit.

----------------------------------------------------------------IRON0005-005 06/01/2009

Rates Fringes

IRONWORKER, ORNAMENTAL ANDSTRUCTURAL.......................$ 28.83 13.295

----------------------------------------------------------------IRON0201-006 05/01/2009

Rates Fringes

IRONWORKER, REINFORCING..........$ 25.20 14.33----------------------------------------------------------------LABO0657-015 06/01/2009

Rates Fringes

LABORER: Skilled................$ 20.22 5.25

FOOTNOTE: Potmen, power tool operator, small machineoperator, signalmen, laser beam operator, waterproofer,open caisson, test pit, underpinnig, pier hole and ditches,laggers and all work associated with lagging that is notexpressly stated, strippers, operator of hand derricks,vibrator operators, pipe layers, or tile layers, operatorsof jackhammers, paving breakers, spaders or any machinethat does the same general type of work, carpenter tenders,scaffold builders, operators of towmasters, scootcretes,buggymobiles and other machines of similar character,





124

operators of tampers and rammers and other machines that dothe same general type of work, whether powered by air,electric or gasoline, builders of trestle scaffolds overone tier high and sand blasters, power and chain sawoperators used in clearing, installers of well points,wagon drill operators, acetylene burners and licensedpowdermen, stake jumper, structural demolition.

----------------------------------------------------------------MARB0002-004 05/01/2009

Rates Fringes

MARBLE/STONE MASON...............$ 32.63 12.99

INCLUDING pointing, caulking and cleaning of All types of masonry, brick, stone and cement EXCEPT pointing, caulking,cleaning of existing masonry, brick, stone and cement(restoration work)

----------------------------------------------------------------

MARB0003-006 05/01/2009

Rates Fringes

TERRAZZO WORKER/SETTER...........$ 26.04 9.09----------------------------------------------------------------MARB0003-007 05/01/2009

Rates Fringes

TERRAZZO FINISHER................$ 20.48 8.19----------------------------------------------------------------

MARB0003-008 05/01/2009

Rates Fringes

TILE SETTER......................$ 25.29 9.09----------------------------------------------------------------MARB0003-009 05/01/2009

Rates Fringes

TILE FINISHER....................$ 20.48 8.19----------------------------------------------------------------

PAIN0051-014 06/01/2008

Rates Fringes

GLAZIERContracts $2 million andunder.......................$ 25.12 7.46Contracts over $2 million...$ 27.84 7.46

----------------------------------------------------------------PAIN0051-015 06/01/2009





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Rates Fringes

PAINTERBrush, Roller, Spray andDrywall Finisher............$ 24.64 7.86

----------------------------------------------------------------PLAS0891-005 07/01/2009

Rates Fringes

PLASTERER........................$ 27.00 5.82----------------------------------------------------------------PLAS0891-006 05/01/2008

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 27.15 6.47----------------------------------------------------------------PLAS0891-007 07/01/2008

Rates Fringes

FIREPROOFERHandler.....................$ 11.50 3.93Mixer/Pump..................$ 14.00 3.93Sprayer.....................$ 19.00 3.93

Spraying of all Fireproofing materials. Hand application of Fireproofing materials. This includes wet or dry, hard orsoft. Intumescent fireproofing and refraction work,including, but not limited to, all steel beams, columns,

metal decks, vessels, floors, roofs, where everfireproofing is required. Plus any installation of thermaland acoustical insulation. All that encompasses setting upfor Fireproofing, and taken down. Removal of fireproofingmaterials and protection. Mixing of all materials either byhand or machine following manufactures standards.

----------------------------------------------------------------PLUM0005-008 08/01/2009

Rates Fringes

PLUMBER

Apartment Buildings over 4stories (except hotels).....$ 22.66 9.36+aALL Other Work..............$ 37.67 14.69+a

a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Dayand the day after Thanksgiving, Christmas Day, New Year'sDay, Martin Luther King's Birthday, Memorial Day and theFourth of July.

----------------------------------------------------------------PLUM0602-008 08/01/2009





126

Rates Fringes

PIPEFITTER, Including HVACPipe Installation................$ 36.87 15.47+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King'sBirthday, Memorial Day, Independence Day, Labor Day,

Veterans' Day, Thanksgiving Day and the day afterThanksgiving and Christmas Day.

----------------------------------------------------------------ROOF0030-016 05/01/2009

Rates Fringes

ROOFER...........................$ 25.80 8.26----------------------------------------------------------------* SFDC0669-002 01/01/2010

Rates Fringes

SPRINKLER FITTER (FireSprinklers)......................$ 30.45 16.35----------------------------------------------------------------SHEE0100-015 07/01/2009

Rates Fringes

SHEET METAL WORKER (IncludingHVAC Duct Installation)..........$ 33.19 12.76----------------------------------------------------------------

SUDC2009-003 05/19/2009

Rates Fringes

LABORER: Common or General......$ 13.04 2.80

LABORER: Mason Tender -Cement/Concrete..................$ 15.40 2.85

LABORER: Mason Tender forpointing, caulking, cleaningof existing masonry, brick,stone and cement structures

(restoration work); excludespointing, caulking andcleaning of new orreplacement masonry, brick,stone and cement.................$ 11.67

POINTER, CAULKER, CLEANER:Includes pointing, caulking,cleaning of existing masonry,brick, stone and cementstructures (restoration





128

3.) should be followed.

With regard to any other matter not yet ripe for the formalprocessdescribed here, initial contact should be with the Branch of ConstructionWage Determinations. Write to:

Branch of Construction Wage DeterminationsWage and Hour DivisionU.S. Department of Labor200 Constitution Avenue, N.W.Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then aninterested party(those affected by the action) can request review andreconsideration fromthe Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR

Part 7).Write to:

Wage and Hour AdministratorU.S. Department of Labor200 Constitution Avenue, N.W.Washington, DC 20210

The request should be accompanied by a full statement of theinterestedparty's position and by any information (wage payment data,project

description, area practice material, etc.) that the requestorconsidersrelevant to the issue.

3.) If the decision of the Administrator is not favorable, aninterestedparty may appeal directly to the Administrative Review Board(formerly theWage Appeals Board). Write to:

Administrative Review BoardU.S. Department of Labor

200 Constitution Avenue, N.W.Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION





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ATTACHMENT J.5Small and Local Business Opportunity Commission Certification Package –

FOR INFORMATION ONLY

**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.

GOVERNMENT OF THE DISTRICT OF COLUMBIADEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT

2 Revision date 1/23/2008

7.List the following business enterprise information (please contact listed reference phone numbers for personal assistance):Federal Employer ID:800-829-1040No.:Dunn & Bradstreet No.:800-333-0505No.:Local Unemployment Compensation No.:(applicable, only if you have employees)202-724-7566No.:8.Describe in detail the business enterprise’s product line, trade or services below (attach additional pages if necessary):9.Briefly describe any specialties:10.List National Institute of Government Policies (NIGP) Commodity Codes (http://dslbd.dc.gov) and corresponding description:11.Does the business enterprise have any other business locations (i.e., satellite office/storage/warehouse, etc.)? Yes NoList All Operating Facilities or other Office Locations including Storage/Warehouse FacilitiesAddress, City, State, Zip**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.

GOVERNMENT OF THE DISTRICT OF COLUMBIADEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT


12.List office equipment and vehicles of the business enterprise, and identify location where equipment or vehicle can be found.(attach additional pages if necessary)List Equipment (make & model) & Vehicles (year, make & model) Owned and/or LeasedStorage Location of Equipment & Vehicles13.List all managerial employees:NameTitleBusiness Address

14.List all original and current owners/stockholders of the business enterprise (attach additional page if necessary):List Total Corporate Shares Authorized _____________________________Name of Owners/StockholdersHome Address, Home Phone NumberUS Citizen or LPR*DCResident(Y/N)Number of SharesPercentageof OwnershipGender





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(M/F)(optional)LGBT**(Y/N)(optional)Race/ Ethnicity(optional)

* Lawful Permanent Resident

** Lesbian, Gay, Bisexual or Transgendered15.Are any of the senior management working outside of the business enterprise? Yes No If yes, please provide name of employer,owner’s respective title and time spent in the office of the business enterprise.16.Has the business enterprise, or any of its directors, officers, or principals, been found to have violated any District of Columbia lawor regulation that is applicable to the applicant’s business? Yes NoIf yes, explain:**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.GOVERNMENT OF THE DISTRICT OF COLUMBIADEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT


17.

Has the business enterprise, or any of its directors, officers, or principals, been convicted of a crime that bears directly on thefitness of the applicant, holder, or participant to ethically participate in the programs established pursuant to the Act? Yes NoIf yes, explain:18.List current members of Board of Directors and Officers of the Corporation:Current Board of Directors/OwnersNameTitleOccupationDate AppointedHomeAddressHome

PhoneOfficers of Corporation/Key PersonnelNameTitleDate AppointedOfficeAddressOfficePhone19.List Bonding Information: (required for construction contractors)Name of Bonding Company______________________________________________________________________________________

Address _________________________________________________ City ____________________ State ______ Zip______________Contact Person __________________________________________ Phone (____) ________________ Fax (____)_________________List bonding specialties (if any) ______________________________________ Bonding Limit $_______________________________20.List Insurance Information: (General Liability Insurance required for all business enterprises)Name of Insurance Company______________________________________________________________________________________Address _________________________________________________ City ____________________ State ______ Zip______________





131

Contact Person __________________________________________ Phone (____) ________________ Fax (____)_________________List insurance type _____________________________________________ Liability Limit $__________________________________21.List Business Banking Information: (Business bank account required for all business enterprises)Primary Business Bank __________________________________________________________________________________________

Address _________________________________________________ City ____________________ State ______ Zip______________Contact Person __________________________________________ Phone (____) ________________ Fax (____)_________________**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.GOVERNMENT OF THE DISTRICT OF COLUMBIADEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT


22.List total amount of taxes paid to DC Government (specify type of taxes paid in the current and latest tax year):Check all that applyCurrent, Year-to-DateLast Fiscal Year 20_____

____ Arena$_____________________$_______________________ Ballpark Sales$_____________________$_______________________ Corporate$_____________________$_______________________ Fuel$_____________________$_______________________ Personal Property$_____________________$_______________________ Sales and Use

$_____________________$_______________________ Real Estate$_____________________$_______________________ Unemployment$_____________________$_______________________ Other$_____________________$___________________

23.List the Certified Business Enterprise (CBE) status you are applying for (please choose all that are applicable and refer to theSupporting Documentation Checklist”)._____ Local Business Enterprise (all certified business enterprises must qualify as local; business enterprises that do not qualify

as local, can not qualify for any other CBE status)

_____ Small Business Enterprise (if certified by the United States Small Business Administration as a small business concernunder the Small Business Act, or if average gross revenue for the preceding three years does not exceed the applicable revenuelimit below)_____ Disadvantaged Business Enterprise (please include Disadvantaged letter and notarized DBE form)_____ Resident Owned Business (include signed copy of most recent DC personal tax returns)_____ Longtime Resident Business (include documentation such as tax returns, leases or deeds, and/or utility bills for the past 20years if a local business, or for the past 15 years if a small business)_____ Local Business with a Principal Office Located within a District Enterprise Zone – (please verify at http://dslbd.dc.gov)For Small Business Enterprise Certification OnlyIndustry TypeRevenue Limit





133

$ __________________________________________________$ _________________________28.List Source of Business Revenues from most recent fiscal year:Source of Business Revenues Contracts/SalesFiscal YearAmount

Percentage of Total RevenuesDC Government Contracts Prime$DC Government Contracts Sub$Federal Government Contracts Prime$Federal Government Contracts Sub$Private Sector$Other State or Local Contracts$

Total$100%**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.GOVERNMENT OF THE DISTRICT OF COLUMBIADEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT


29.Have you previously worked and/or are you currently working on any contracts with the District of Columbia? Yes No30.List the contract and dollar value of the firm’s three (3) largest contracts over the last three years:Contract

Dollar AmountDate CompletedPrime/Sub Contractor31.Does the business enterprise have any other affiliated entities (e.g. parent company, subsidiary, etc.)? Yes No If yes, pleaseprovide a copy of three years of Federal and State income taxes, and the most recent UC-30 of the affiliate(s).32.Does the business enterprise currently hold any other certifications (e.g. SBA, MDOT, MWAA, WMATA, NMSDC, WBENC,VDOT, etc.)? Yes No If yes, please provide the following information.Issue DateExpiration DateSmall Business Association (SBA)Maryland Department of Transportation (MDOT)Virginia Department of Transportation (VDOT)Metropolitan Washington Airport Authority (MWAA)Washington Metropolitan Area Transit Authority (WMATA)National Minority Supplier Development Council (NMSDC)Women's Business Enterprise National Council (WBENC)33.Complete and have notarized the attached affidavit and submit it, along with all other application documents, to:District of ColumbiaDepartment of Small and Local Business Development441 4th Street, NW, Suite 970NWashington, DC 20001Tel: (202) 727-3900





134

Fax: (202) 724-3786 **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.GOVERNMENT OF THE DISTRICT OF COLUMBIADEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT


SWORN AFFIDAVITThe undersigned, as a duly authorized representative of (Business EnterpriseName)_____________________________________________, swears (or affirms) that the statements made as part of the attached

certification application and submitted with or without a bid or proposal request to the Department of Small and Local BusinessDevelopment are true and correct and include all material information necessary:1.To identify and explain the operations of the company;2.To identify the ownership of the company ; and, otherwise,3.Establish the company’s eligibility for certification under the Small, Local, and Disadvantaged Business Enterprise Developmentand Assistance Act of 2005, as amended (D.C. Law 16-33; 52 DCR 7503) D.C. Official Code § 2-218.01 et seq.Sign only in the presence of a Notary PublicSignature: _________________________________________________________________ Date:________________________________Name (please print): __________________________________________________________ Title:

_______________________________Signed and sworn to (or affirmed) before me this ____ day of _________________, ______, by__________________________________, who is well known to me as the person who executed the foregoing affidavit and whoacknowledged the same to be his/her free act and deed.Before me personally (name of Notary Public): _____________________________________(Please Print)City of: ________________________ State of: _____________________________________Notary Signature: ___________________________(Seal)My Commission expires: ________________**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT9 Revision date 1/23/2008

CHECKLISTSSole Proprietorshipo

Affidavito

Business, professional and/or trade licenseso

Certificate of occupancy or home occupancy permito

Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenueo

Company capability statement, including a brief description of products or serviceso

District or state and federal tax returns, last three years, and all schedules (signed)o

Dun & Bradstreet Number (DUNS)o

Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days)o

Lease or deed for business site (signed)o

Most recent Form UC-30 (Employer's Quarterly Contribution and Wage Report) (if applicable)o

List of Current Employees (including name and home address for each employee)o

Proof of citizenship (e.g. birth certificate, passport or permanent resident card)





135

o

Proof of residency (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card)o

Resumes of key personnelPartnershipo

Affidavito




Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairso


District or state and federal tax returns for each partner, or Business Partnership Tax Returns, last three years, and all schedules (signed)o

Dun & Bradstreet Number (DUNS)o



Partnership agreement, buy-out rights and profit sharing agreemento



Proof of citizenship (e.g. birth certificate, passport or permanent resident card—submit only one)o

Proof of residency (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card)o

Resume for each partner

Corporationo

Affidavito

Articles of incorporationo

Business, professional and/or trade license(s)o

By-laws of corporation and any amendmentso

Certificate of incorporationo




Copy of each stock certificate issued (front and back) and stock ledgero


Dun & Bradstreet number (DUNS)o


Minutes of first and most recent organizational meetingo

Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue





136

o




Resumes of key personnelo

Proof of citizenship of principal owner(s) (e.g. birth certificate, copy of passport, or permanent resident card)o

Proof of residency of principal owner(s) (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voterregistration card)

**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY.DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE.GOVERNMENT OF THE DISTRICT OF COLUMBIADEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT


Limited Liability Corporation (LLC)o

Affidavito

Articles of organization

o

Operating agreemento

Business, professional and/or trade license(s) (if applicable)o

Certificate of organizationo





Dun & Bradstreet number (DUNS)o


Minutes of first and most recent organizational meetingo





Resumes of key personnelo

Proof of citizenship of principal owner(s) (e.g. birth certificate, copy of passport, or permanent resident card)o


Disadvantaged Business Enterprise (DBE)o

DBE Formo

DBE Narrative Letter (on letterhead, signed and dated)o

Submit personal District or state and federal tax returns for the last year (signed)o





137

Personal Financial Statement

Resident Owned Business (ROB)o

Residential lease or deedo

Submit personal District or state and federal tax returns for the last year (signed)o


Local Business with a Principal Offices Located within an Enterprise Zone (DZE)o

Verification from the Enterprise Zone Finder Map (please verify at http://dslbd.dc.gov)Longtime Resident Business (LRB)Business which has been continuously eligible for certification as a local business enterprise for twenty (20) consecutive years, or a smallbusiness which has been continuously eligible for certification as a local business for fifteen (15) yearso

Submit Twenty (20) or Fifteen (15) years of District tax returns as proof of continuous eligibility

All Businesses Less Than One Year Oldo

Business Plano

Proof of capital injection (e.g. current bank statement)

Recertificationo


Most recent Certificate of Good Standing issued by Office of Tax and Revenueo


District or state and federal tax returns, last two years, and all schedules (signed)o




List of Current Employees (including name and home address for each employee)Upgradeo

Additional NIGP Codes

Submit proof of capabilities (i.e., receipts from customers, invoices with proof of payment, paid contracts including proof of payment,resumes/degrees/certifications) related to the requested codes)o

Address Change

Copy of lease or deed for business location

Certificate of occupancy or home occupation permit





139

ATTACHMENT J.8

Bid Package Scope of Work – BP 01 thru BP 16

Offeror shall be responsible for providing all labor, material, equipment,and Trade Subcontractor management and coordination to fully execute

the requirements of all new and modified construction as specificallydescribed in Attachment J.8 Scopes of Work and as indicated in bid

documents, Attachment J.1, Issued for Bid Drawings and Specificationsdated January 13, 2010.

DCPL reserves the right to reject and disqualify bids which do notreflect complete BP (bid package) scopes as described in Attachment J.8

or comply with any other requirements of this complete solicitation.Bidding contractors must take care to assemble trade packages which

are complete with no exceptions or exclusions.





140

BP 01GENERAL TRADES SITE REQUIREMENTS

SCOPE OF WORK – GENERAL TRADES SITE REQUIREMENTS

DEFINITION OF PROJECT AREA:

The Scope of Work includes the provision of all materials, labor and equipment general requirements for thefull project duration to support construction administration and trade activities for the overall renovation andaddition project at the Mount Pleasant Library which is located at 3160 16th Street, NW, Washington, DC.

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 100%.

Work includes but is not limited to the following specifications sections:

GENERAL TRADES - SITE REQUIREMENT ACTIVITIES

Offeror shall be responsible for providing all labor, material, equipment, and Trade Subcontractormanagement and coordination to fully execute the requirements of all new and modified construction asspecifically described in this scope of work with no exceptions or exclusions, and as indicated in biddocuments, Attachment J.1, Issued for Bid Drawings and Specifications dated January 13, 2010. ReferenceSections G and H for additional information on Project Team roles and responsibilities and Special ContractRequirements. Also reference Division 1 Specifications for general project references, requirements,procedures and documentation.

DIVISION 1 – Section 01310 – Project Management and Coordination, Section 01500 – Temporary

Facilities, as applies to the work of this contract.DIVISION 6 – Section 06105 – Miscellaneous Carpentry, as required for the performance of this scope.

The Contractor shall be required to provide labor, material and equipment to perform the scope of work including but not limited to the following tasks:

1. Provide project staff including, but not limited to:

• One full time Laborer for incidental project maintenance, labor and clean-up

• Miscellaneous Carpentry work to provide temporary protection of existing conditions duringconstruction as specifically specified herein and OSHA safety barricades, rails and floorcoverings.

2. Submit informational submittals including site plan, erosion and sediment control plan,

moisture-protection plan, dust control and HVAC control plan as required by bid documentspecs.

3. Provide Engineering, site survey and layout for the work. This includes establishing controllines and benchmarks from local monuments for use by other contractors.

4. Provide monthly Project construction progress documentation & photographs, includingexisting building pre-construction condition documentation.

5. All required traffic control measures must be obtained and implemented per local jurisdictionrequirements by contractor during performance of this contractor’s work.

6. Provide physical jobsite mailbox.





141

7. Provide regular project trash removal & dumpsters, including the separation of debris for arecycling program consistent with the Project LEED Certification Program for the fullduration of the project. (Demolition debris removal is not included in this scope).

8. Provide a prefabricated or mobile Office trailer(s) (12’x60’ min).that stay(s) at the site for theduration of the project (assume fourteen (14) months) that includes , but not limited to:

• Office trailer mobilization (setup), including proper tie-downs, steps and handicap ramps &

rails.• Copier, Printer and Fax machine capable of scanning and copying up to 11”x17”

• Cold water

• Coffee service

• Conference room

• Two offices

• Toilet room

• Paper supplies (towels, toilet paper, copy paper)

• Drawing boards

• Drawings rack

• Office supplies (pens, markers, staplers, mail supplies, etc.)

• Office furniture (3 desks, 5 desk chairs)• Six (6) Four-drawer Filing Cabinets

• Safety supplies (misc. hat hats, first aid supplies, goggles & gloves).

• 4- 8’X2’ folding tables

• 16 folding chairsTrailer(s) should be of sufficient size to accommodate the needs of the Owner, Architect andconstruction personnel office activities, and to accommodate project meetings specified underDivision 1 General Requirements.9. Provide a storage trailer at a location designated, complete with lighting, HVAC and ramp

sized, furnished and equipped to accommodate materials and equipment for constructionoperations. Store combustible materials apart from building.

10. Provide public space permit for the parking lane at the property frontage on Lamont street,including payment of parking meters out of service.

11. Temporary tie-ins to all utilities to the field office trailers including but not limited toplumbing (with backflow preventer), electricity (confirm sufficient circuitry), phone line,internet accessibility and wireless.

12. The Contractor will be required to maintain the Work from the date of the approval of hisContract until the entire Contract is completed (assume 16 months).

13. The Contractor shall take adequate precautions to protect trees, shrubs, and plants from injuryduring construction operations. This shall include, but is not limited to, barrier fencing for treeprotection, erosion and sediment control measures, etc. In addition, the Contractor shall on adaily basis remove excess debris, materials, etc. from the construction site.

14. On site portajohn toilet facilities (assume 4 each, plus trailer tank if sewer service is notavailable.)

15. Winter protection, to include temporary building enclosure construction as well as portableheating equipment as required to maintain a working environment for all the trades. (this maybe provided by an allowance that can be drawn from as specific requirements occur).

16. Project signage. (Assume custom painted 8’by 8’ plywood with 2”x4” frame and 4”x4”posts). Owner to provide graphics for project sign.

17. Miscellaneous tools for project clean-up.18. Surface drainage dewatering & pump equipment. (Assume 20 days).





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19. Construction fencing, including relocation and later removal of existing on site fencing.20. Safety rail at floor edging and safety floor opening coverings.21. On site security service during the non-working hours. (Assume the last six months of the

project.)22. Final clean up of the Project that includes , but not limited to, the Contractor shall remove

from the Work and adjacent property sites and structures, and all areas in connection with the

Work, all weeds, shrubs, stumps, or portions of trees, and all loose rock, boulders, falsework, temporary structures, machinery and equipment. He shall clean and restore in anacceptable manner all property, both public and private, inside and out, and shall leave theWork and sites and structures, in a clean, polished dusted and vacuumed and presentablecondition ready for occupancy throughout the project, including clearing material from theright-of-way.

23. Submittals will be required for approval prior to execution of the work.24. Contractor shall provide all hoisting and lifting required for the performance of the work of

this contract.25. Take care to reference all work noted in the bid documents and described in BP 13 Scope of

Work for salvage, protection and/or preservation by others. Coordinate the work of this scopeso as not to interfere with, disturb, damage or otherwise impede the intent of this work.

BID SUBMITTAL REQUIREMENTS

Bidders shall submit their cost schedule for each task outlined in the scope list above referencing allowancesfor items that fixed prices cannot be determined at bid time due to incomplete design detail.





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BP 02HAZMAT ABATEMENT AND SELECTIVE DEMOLITION

SCOPE OF WORK – HAZMAT ABATEMENT AND SELECTIVE DEMOLITION

DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the scope of thiscontract. Section 01732 – Selective Demolition, Complete. Additionally, reference Section 01351 SpecialProcedures for Historic Treatment for impact to the work of this contract.


The Scope of Work includes the abatement of hazardous materials affected by future planned newconstruction and the selective demolition work at the Mount Pleasant Library which is located at 3160 16thStreet, NW, Washington, DC.





1. Performance of all hazardous material abatement by personnel certified in the performance ofthis work including but not limited to:

HAZARDOUS MATERIALS ABATEMENT AND SELECTIVE DEMOLITION Provide all labor, material and equipment to fully execute the requirements to abate hazardous materials, andselectively demo (brace, cut, demolish and remove) the following work in accordance with the Plans andSpecifications.The Contractor shall be required to provide all labor, material and equipment to perform the scope of work including but not limited to the following tasks:

a. Removal of asbestos containing materials (“ACM”),

b. Removal of components containing mercury,c. Removal of components containing polychlorinated biphenyls (“PCB”),d. Removal and reclamation of Freon.e. Removal of lead acid emergency and exit light batteries.f. Removal of miscellaneous chemicals, oils, and other waste, andg. Removal of bio-hazard waste.h. Removal of damaged lead based paint from any surface scheduled to remain.

2. Industrial hygienist monitoring, testing, sampling & reporting to verify compliance toperformance & safety plan.





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3. Remove and dispose of any loose building contents remaining the building after DCPL moveout.

4. Slab on grade demolition including sawcutting as required for underslab utilities.5. Complete demolition of Existing Sunroom. Removal and salvage of dimensional limestone

cladding, if any, shall be coordinated with other trade contractors.6. Cut out new masonry and concrete wall and slab openings, including cut-outs for installation

of new lintels, needling supports and bracing, shaft and duct openings, and new framing,including installation of new steel framing support plates and angles, provided by others;7. Temporary shoring and bracing design drawings stamped by a DC Registered Structural

Engineer as required for Selective Demolition Permit.8. Non-structural partitions demolition;9. All floor, ceiling and wall finish and sub-floor demolition; Note: not all ceiling or floor

finishes to be removed are indicated on the documents.10. Plaster removal as indicated to masonry backup11. Roof exhaust stack 12. Structural beams as indicated;13. Elevated mezzanine structure14. Elevator cab, equipment, pit and associated attachments, and elevator shaft demolition;15. Mechanical, electrical, and plumbing demolition, including stacks, equipment, piping

conduit, fixtures and disconnects;16. Stair structure demolition, including landing, slabs and railings. Removal and salvage of

stone treads and wood trim, if any, shall be coordinated with other trade contractors.17. Testing and inspection services required for the work, including backfill operations and

selective demolition inspections to verify existing construction conditions.18. During the period of this work, contractor agrees that all employees must be experienced in

the performance of this work.19. Contractor is required to provide pre-existing surveying (photographs or video) taping).20. Contractor shall coordinate this work with other work in progress. Special care will be taken

to protect and to avoid damage to original building components to be protected orremoved/repaired/salvaged by Others including but not limited to fireplaces, stone, millworkwindows, and running wood trim.

21. Contractor shall provide selective demolition of new openings as indicated and in a mannerconsistent with the existing construction.

22. The Contractor shall ensure that no elements determined to be unstable are left unsupported.Any and all required structural reinforcement or bracing for structural systems to remain shallbe included in this scope of work.

23. Contractor shall remove and transport debris resulting from selective demolition operationsand materials later determined not to be reused to a legal off site disposal area. Recyclablematerials shall be separated and stored or stockpiled without intermixing with other surplusmaterials before transporting to recycling facilities in accordance with a recycling programconsistent with the Project LEED Certification Program.

24. Contractor shall comply with all requirements to achieve LEED points toward the Silvercertification goal as indicated in the bid documents.

25. In the area where proposed protection and/or removal may conflict with existing utilitiesContractor shall take all necessary precautions to avoid damage to said utilities.

26. A detailed work plan and schedule showing means and methods to be used in this packagewill be provided by the Contractor upon request.





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27. Contractor shall submit bids detailing their proposed means and methods for this scope ofwork, and shall include evidence of their experience with similar projects as well asreferences who may be contacted by the Client.

28. Labor for project clean-up29. Miscellaneous temporary protection of existing conditions during construction as specifically

specified here-in and OSHA safety barricades, rails and floor coverings for this Work.

30. Engineering, site survey and layout for the Work.31. Provide monthly Project construction progress documentation & photographs, includingexisting building pre-construction condition documentation.

32. Contractor shall leave the workplace in a clean and presentable condition ready forsubsequent trades and prepared for finishes as specified.


this contract.35. Contractor shall protect existing adjacent facilities, structures and site improvements to

remain, during this remediation scope contract and restore damaged improvements to theiroriginal condition or better as required by drawings and specifications. AdditionallyContractor shall survey the site and examine the Drawings and Specifications to determinethe extent of the work.

This scope of work excludes:a. Sidewalk and paving demolition (by BP03);b. Site utility demolition (by BP03);c. Removal of any removed and reinstalled items scheduled (by BP13)

Attachment J.6 to this RFP, contains the Hazardous Materials Survey Report for Mount Pleasant LibraryThis report includes the estimated quantities of materials that require abatement. These quantities areprovided as a courtesy based on a third party’s survey of the building. However, in no way does DCPLassure the accuracy of any of the contents of the Report provided in this Attachment, including anyestimates. Bidders are solely responsible to calculate the amounts and types of materials to be abated and toverifying all existing conditions and quantities of materials to be removed prior to submittal of bid.It should further be noted that this visual survey as attached is limited and non-invasive. Accordingly, wherenew construction documents require disturbance of additional hazardous materials quantities that could bereasonably inferred from the contents of the report (i.e. where an exposed hazmat condition could bereasonably assumed to trace back behind a wall or cavity, within a chase, above a hard ceiling or other in anotherwise unexposed area), the Contractor should assume this material should also be abated. In the eventhat such a hidden hazmat condition will not be exposed or disrupted, but will remain enclosed, buried orotherwise hidden, abatement should not be included in this scope. Reference any applicable standards (EPAOSHA or other industry standard recognized requirements) for required actions in the performance of thisscope of work.

This RFP contains submittal requirements that will be required as part of the performance of this work. Thelisted submittals are mandatory and include but are not limited to:

• Selective demolition structural shoring and bracing design drawings stamped by a DC registeredengineer as required for Demolition Permit

• Hazardous Materials Remediation Performance & Safety Plan

• Hazardous Materials Remediation Plan – General

• Hazardous Waste Management Plan





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• Removal and Disposal of Asbestos-Containing Materials Verification Report

• Notification and Testing Requirements Regarding Demolition of Asbestos containing Materials andLead Painted Components.





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BP 03SITEWORK, SITE UTILITIES, SITE DEMOLITION, LANDSCAPING and SITEFURNISHINGS

SCOPE OF WORK – SITEWORK, SITE UTILITIES, SITE DEMOLITION, LANDSCAPING AND SITE FURNISHINGS WORK


Contractor shall be responsible for all site utility, site demolition, site concrete, landscaping and sitefurnishings work at the Mount Pleasant Library and its new addition located at 3160 16 th Street, NWWashington.

Offeror shall be responsible for providing all labor, material, equipment, and Trade Subcontractor

management and coordination to fully execute the requirements of all new and modified construction asspecifically described in this scope of work with no exceptions or exclusions, and as indicated in biddocuments, Attachment J.1, Issued for Bid Drawings and Specifications dated January 13, 2010. ReferenceSections G and H for additional information on Project Team roles and responsibilities and Special ContractRequirements. Also reference Division 1 Specifications for general project references, requirements,procedures and documentation.

Work includes but is not limited to the following specifications sections:DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the work of thiscontract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact tothe work of this contract.

DIVISION 2 – SITEWORK, CompleteDIVISION 3 – Section 03300 Cast-in-Place Concrete, as applies to the work of this contractDIVISION 5 – Section 05500 Metal Fabrications, as applies to the work of this contract



1. Contractor to perform engineering, site survey and layout as required for this work

SITEWORK, SITE UTILITIES, SITE DEMOLITION, LANDSCAPING AND SITE FURNISHINGS The Contractor shall be required to provide all labor, material and equipment to perform the scope of workincluding but not limited to the following tasks:

2. Contractor to obtain public space permit as required for the work.3. Excavation and backfilling as required for this work. All excavations are to meet OSHA

requirements.4. Rough and finish grading to accommodate requirements of new grading plan L.201.5. Erosion and sediment control measures as identified and required by the controlling

jurisdiction.6. New storm sewer line including drains, cleanouts, stormwater sand filter structure, and

manholes.7. Detail 4/L.401 trench drain with decorative grate.





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26. In the area where proposed protection and/or removal may conflict with existing utilities,Contractor shall take all necessary precautions to avoid damage to said utilities.

27. Provide all labor, material and equipment to fully execute the landscaping and site furnishingswork in accordance with the Plans and Specifications. The Contractor shall be required toprovide all labor, material and equipment to perform the scope of work including but notlimited to the following tasks:

a. Fine grading and spreading of the top soil. Furnish additional topsoil as required.b. Plant the trees and shrubs and ground cover with all required staking as shown on the

drawings and specificationsc. Seedingd. Fertilizinge. Mulchf. Permanent chain link, picket fence and bollard and chain type fence systems and gates

including foundationsg. Handrailsh. Dimensional black locust wood members at custom site bench structures by Others

26. Maintenance and watering of all plants and grasses until the reopening of the library.27. Contractor shall provide all hoisting and lifting required for the performance of the work of

this contract.

This scope of work excludes:1. Quartzite paving (provide concrete subbase only) (by BP05)2. Custom bench structures including cast in place concrete foundation, masonry structure and stone

veneer (by BP04, BP05). Provide dimensional black locust wood members only.

Attachment J.6 to this RFP, contains the Hazardous Materials Survey Report for Mount Pleasant LibraryThis report includes the estimated quantities of materials that require abatement. These quantities areprovided as a courtesy based on a third party’s survey of the building. However, in no way does DCPLassure the accuracy of any of the contents of the Report provided in this Attachment, including anyestimates. Bidders are solely responsible to calculate the amounts and types of materials to be abated and toverifying all existing conditions and quantities of materials to be removed prior to submittal of bid.





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CONCRETE WORK

SCOPE OF WORK – CONCRETE WORK

BP 04

DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the work of thiscontract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact tothe work fo this contract.


The Scope of Work includes the concrete work at the Mount Pleasant Library which is located at 3160 16thStreet, NW, Washington, DC.

Offeror shall be responsible for providing all labor, material, equipment, and Trade Subcontractormanagement and coordination to fully execute the requirements of all new and modified construction asspecifically described in this scope of work with no exceptions or exclusions, and as indicated in biddocuments, Attachment J.1, Issued for Bid Drawings and Specifications dated January 13, 2010. Reference

Sections G and H for additional information on Project Team roles and responsibilities and Special ContractRequirements. Also reference Division 1 Specifications for general project references, requirements,procedures and documentation.


DIVISION 2 – Section 02300 Earthwork, Section 02370 – Erosion and Sediment Control and Section 02620- Subdrainage as applies to the work of this contractDIVISION 3 – CONCRETE, Complete

DIVISION 7 – THERMAL AND MOISTURE PROTECTION, as applies to the work of this contract



1. Machine and hand excavation and backfill required for new concrete structures and additions.Work includes complete excavation and backfilling for the Terrace Level;

CONCRETE WORK

The Contractor shall be required to provide all labor, material and equipment to perform the Concrete scopeof work including but not limited to the following tasks:

2. Wall & column footings including required reinforcing steel;3. Basement walls, including infill walls & piers;4. New elevator pit including excavation & backfill & infill of existing elevator pit;5. Underpinning of the existing foundations.6. New slab on grade at both the additions and replacement of existing SOG, including

excavation, subgrade preparation, gravel/sand base and vapor barriers;7. Expansion and control joints8. Reinforcing steel and mesh as imbedded in the concrete as called out in the drawings and

specifications.





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37. Provide monthly Project construction progress documentation & photographs, includingexisting building pre-construction condition documentation.


39. Contractor shall restore adjacent property to its original condition after completion of thiswork.

40. Submittals will be required for approval prior to execution of the work.41. Contractor shall provide all hoisting and lifting required for the performance of the work of this contract.

42. Contractor shall protect existing adjacent facilities, structures and site improvements toremain, during this remediation scope contract and restore damaged improvements to theiroriginal condition or better as required by drawings and specifications. AdditionallyContractor shall survey the site and examine the Drawings and Specifications to determinethe extent of the work.

This scope of work excludes:1. Light pole bases (by BP16);2. Site concrete paving, curbs, ramps (by BP03)3. Horizontal site quartzite paving (by BP05)





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7. Exterior granite walls and base8. Granite floor and wall panels9. Limestone removal and reinstallation as required for new construction tie-ins.10. Cutting and patching of existing limestone as required for smooth transition between existing

and new11. Grouting and reinforcing steel as indicated on the drawings that fall in the masonry and is

required for this work 12. Installing of steel lintels and embeds that fall in the masonry work. Lintels and imbeds to befurnished by others

13. Patching and toothing new masonry openings in existing masonry walls.14. Caulking of control and expansion joints in the work of this contract15. Independent Testing & Inspection Services for the Work, including subgrade & backfill

compaction and materials testing; concrete, grout & rebar inspections and testing;16. During the period of this work, contractor agrees that all employees must be experienced in

the performance of this work.17. Contractor is required to provide pre-existing surveying (photographs or video taping) for the

Work.18. Contractor shall coordinate this work with other work in progress.19. The Contractor shall ensure that no elements determined to be unstable are left unsupported.

Any and all required structural bracing for structural systems to remain shall be included inthis scope of work.

20. Contractor shall remove and transport debris resulting from these operations and materials tosite disposal area. Recyclable materials shall be separated and stored or stockpiled withoutintermixing with other surplus materials before transporting to recycling facilities inaccordance with a recycling program consistent with the Project LEED Certification Program.



23. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for MountPleasant Library

24. Contractor shall submit bids detailing their proposed means and methods for this scope of work, and shall include evidence of their experience with similar projects as well asreferences who may be contacted by the Client.

25. Labor for project clean-up;26. Miscellaneous temporary protection of existing conditions during construction as specifically

specified herein and OSHA safety barricades, rails and floor coverings for this Work.27. Engineering, site survey and layout for the Work.28. Provide monthly Project construction progress documentation & photographs, including

existing building pre-construction condition documentation.29. Contractor shall leave the workplace in a clean and presentable condition ready for

subsequent trades and prepared for finishes as specified.30. Submittals will be required for approval prior to execution of the work.31. Contractor shall provide all hoisting and lifting required for the performance of the work of


remain, during this remediation scope contract and restore damaged improvements to theiroriginal condition or better as required by drawings and specifications. Additionally





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Contractor shall survey the site and examine the Drawings and Specifications to determine theextent of the work.


This work excludes:

1. Terra cotta panel and baguette work (by BP12).





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5. Steel edge angles and pour stops.6. Bearing and leveling plates and shims;7. Concrete embeds, provided for installation by others;8. Pan Stairs, including railings and landings;9. Mechanical & electrical equipment support dunnage;10. Galvanized post and steel plates for wall as shown on Sheet L.401;

11. Handrails at stairs and handicap ramps;12. Monumental stairs and decorative ornamental railings of types described in SpecificationSection 05721 – Ornamental Railings, including backpainted glass and wood treads;

13. Furnish and install elevator hoist beam;14. Furnish and install bronze grille louver, bronze threshold plate and light fixture metal

housings per Detail 12/A0.07.15. Grating with edge angle frames and supports;16. Pipe and downspout guards;17. Abrasive metal nosings and thresholds, supplied to Others for installation;18. Metal ladders, ladder safety cages and ships’ ladders;19. Structural column and beam support framing for rooftop equipment screen wall.20. Independent Testing & Inspection Services required for this Work, including materials

testing, weld and connection testing and inspections;21. During the period of this work, contractor agrees that all employees must be experienced in

the performance of this work.22. Contractor is required to provide pre-existing surveying (photographs or video taping).23. Contractor shall coordinate this work with other work in progress.24. Contractor shall provide miscellaneous steel infill of undesired existing openings or

depressions, as required and in a manner consistent with the existing construction.25. The Contractor shall ensure that no elements determined to be unstable are left unsupported.


26. Contractor shall remove and transport debris resulting from erection operations and materialsto site disposal area. Recyclable materials shall be separated and stored or stockpiled withoutintermixing with other surplus materials before transporting to recycling facilities inaccordance with a recycling program consistent with the Project LEED Certification Program.


28. In the area where proposed protection and/or removal may conflict with existing construction,Contractor shall take all necessary precautions to avoid damage to said construction.

29. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for MountPleasant Library.


31. Labor for incidental project clean-up32. Miscellaneous temporary protection of existing conditions during construction as specifically

specified herein and OSHA safety barricades, rails and floor coverings, for this Work.33. Engineering, site survey and layout for this Work.34. Contractor shall leave the workplace in a clean and presentable condition ready for

subsequent trades and prepared for finishes as specified.35. Contractor shall provide all hoisting and lifting required for the performance of the work of

this contract.





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36. Submittals will be required for approval prior to execution of the work.

This scope of work excludes:1. Light gauge framing (by BP09);2. Composite metal wall panels (by BP08);3. Metals at custom millwork (MW) types (by BP13)





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BP 07ROOFING AND WATERPROOFING

SCOPE OF WORK – ROOFING AND

WATERPROOFING

DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the work of thiscontract.


The Scope of Work includes the roofing and sheetmetal work at the Mount Pleasant Library which is locatedat 3160 16th Street, NW, Washington, DC.



DIVISION 3 – CONCRETE, as applies to the work of this contractDIVISION 4 – MASONRY, as applies to the work of this contractDIVISION 6 – WOOD AND PLASTICS, as applies to the work of this contractDIVISION 7 – THERMAL AND MOISTURE PROTECTION, Complete.



1. Roof insulation

ROOFING AND SHEETMETAL

Contractor shall provide labor, materials and equipment to fully perform all new roofing systems includingbut not limited sheetmetal work, roof insulation, SBS modified bituminous membrane roof and flashings atthe existing building and the new addition as indicated in bid documents.The Contractor shall be required to provide all labor, material and equipment to perform the scope of workincluding but not limited to the following tasks:

2. Wood blocking as required or as indicated in the drawings and specifications3. Wood parapet blocking4. Aluminum copings5. Drainage board.6. Plaza, roof or walk path pavers and paver pedestals7. Basement wall waterproofing8. Flashing around roof penetrations, equipment bases and curbs9. Gutters and downspouts





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10. Coordination of transitions between glazed skylight systems integrated gutters whereinterfacing with the scope of this contract to ensure weather tight enclosure.

11. Weatherwall system “air and water barrier,” complete, including exterior weatherwall watertesting.

12. Expansion joint systems for the work of this contract.13. Independent Testing & Inspection Services required for this Work, including materials

testing, weld and connection testing and inspections;14. During the period of this work, contractor agrees that all employees must be experienced inthe performance of this work.

15. Contractor is required to provide pre-existing surveying (photographs or video taping).16. Contractor shall coordinate this work with other work in progress.17. The Contractor shall ensure that no elements determined to be unstable are left unsupported.








specified herein and OSHA safety barricades, rails and floor coverings, for this Work.25. Engineering, site survey and layout for this Work.26. Provide monthly Project construction progress documentation & photographs, including



this contract.





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BP 08ALUMINUM CURTAIN WALL, STOREFRONTS, GLASS AND GLAZING &SKYLIGHTS

SCOPE OF WORK – ALUMINUM CURTAIN WALL, STOREFRONTS AND GLASS

AND GLAZING & SKYLIGHTS

DIVISION 5 – Section 05120 – Structural Steel, and Section 05500 – Metal Fabrications, as applies to the

work of this contract.


The Scope of Work includes the aluminum curtain wall, storefronts, skylights, windows, doors and glass andglazing work at the Mount Pleasant Library which is located at 3160 16th Street, NW, Washington, DC.

Offeror shall be responsible for providing all labor, material, equipment, and Trade Subcontractormanagement and coordination to fully execute the requirements of all new and modified construction as

specifically described in this scope of work with no exceptions or exclusions, and as indicated in biddocuments, Attachment J.1, Issued for Bid Drawings and Specifications dated January 13, 2010. ReferenceSections G and H for additional information on Project Team roles and responsibilities and Special ContractRequirements. Also reference Division 1 Specifications for general project references, requirements,procedures and documentation.

Work includes but is not limited to the following specifications sections:DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the work of thiscontract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact tothe work of this contract.

DIVISION 6 – WOOD AND PLASTICS, as applies to the work of this contractDIVISION 7 – THERMAL AND MOISTURE PROTECTION, as applies to the work of this contractincluding Section 07415 – Composite Metal Wall Panels and Section 07620 Sheet Metal Flashing and TrimDIVISION 8 – DOORS AND WINDOWS, as applies to the work of this contract and including, but notlimited to Section 08411 – Aluminum-Framed Entrances and Storefronts, Section 08520 – AluminumWindows, Section 08630 Metal Framed Skylights, Section 08800 – Glazing, Section 08830 – Mirrors,Section 8911 – Glazed Aluminum Curtain Walls, and 08710 – Door Hardware, as applicable.



1. Structurally glazed and aluminum curtain wall systems;

ALUMINUM CURTAIN WALL, STOREFRONTS, GLASS AND GLAZING

Contractor shall provide all labor, material and equipment necessary for all new glass and glazing systemsincluding but not limited aluminum curtain wall, storefronts, glass and glazing, metal-framed skylights andcomposite metal wall panels at the existing building and the new addition as indicated in bid documents.The Contractor shall be required to provide all labor, material and equipment to perform the scope of workincluding but not limited to the following tasks:





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2. Interior and exterior aluminum storefront systems, complete;3. Interior and exterior glass door systems, complete including finish hardware; Permanent

cylinders provided by hardware contractor (BP10).4. Automatic ADA concealed closer equipment.5. Meeting Room and Elevator glass partitions and backpainted glass partition/cladding.6. Metal-framed skylights/skyroofs including integral gutter and drainage systems;

7. Fixed aluminum-framed windows;8. Glass in hollow metal frames;9. Glass in hollow metal and wood doors;10. Composite metal panels including all supports, closures and caulking;11. Edge trim around openings and at top of stone;12. Expansion joint systems as required;13. Sill flashings;14. Exterior caulking between aluminum frames and masonry;15. All flashings as required for the addition to tie into the existing building to maintain a weather

tight enclosure.16. Coordination of transitions between glazed skylight systems integrated gutters where

interfacing with the scope of this contract to ensure weather tight enclosure.17. Independent Testing & Inspection Services required for this Work, including materials


the performance of this work.19. Contractor is required to provide pre-existing surveying (photographs or video taping).20. Contractor shall coordinate this work with other work in progress.21. The Contractor shall ensure that no elements determined to be unstable are left unsupported.

Any and all required temporary protection for follow on systems work to remain shall beincluded in this scope of work.









subsequent trades including label removal.32. Submittals will be required for approval prior to execution of the work.





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BP 09LIGHT GAUGE FRAMING, DRYWALL, CEILINGS AND PAINTING

SCOPE OF WORK – LIGHT GAUGE FRAMING, DRYWALL, CEILINGS AND PAINTING

DIVISION 5 – Section 05500 – Metal Fabrications, as applies to the work of this contract.


The Scope of Work includes the structural and miscellaneous steel at the Mount Pleasant Library which islocated at 3160 16th Street, NW, Washington, DC.


Work includes but is not limited to the following specifications sections:DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the work of thiscontract. Reference Section 01351 – Special Procedure for Historic Treatment, for impact to the work of thiscontract.

DIVISION 6 – Section 06160 - Sheathing, as applies to the work of this contractDIVISION 7 – Section 07210 – Building Insulation, Section 07620 – Sheet Metal Flashing and Trim,Section 07842 – Fire Resistive Joint Systems, Section 07920 – Joint Sealants, as applies to the work of this

contractDIVISION 8 – DOORS AND WINDOWS, as applies to the work of this contractDIVISION 9 – Section 09111 – Non-Load Bearing Steel Framing, Section 09210 – Gypsum Plaster, Section09250 – Gypsum Board, Section 09852 – Sound-Absorbing Wall Units, Section 09912 – Painting, Section09931 – Wood Stains and Transparent Finishes, and Section 09992 – Painting Restoration.



1. Light framing and furring;

LIGHT GAUGE FRAMING, DRYWALL, CEILINGS AND PAINTING

Contractor shall provide all labor, material and equipment necessary for all metal stud, drywall, carpentry,acoustical ceilings, sound absorbing wall panels and paint and stain finishes at the existing building and thenew addition as indicated in bid documents.The Contractor shall be required to provide all labor, material and equipment to perform the scope of workincluding but not limited to the following tasks:

2. Drywall partitions, perimeter walls, shaftwalls and ceilings including taping and finishing;3. Exterior wall sheathing





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4. Wood blocking or other in-wall blocking as required to firmly secure and support finishcarpentry, millwork, accessories, specialties and/or other scheduled equipment.

5. Acoustical ceilings with all associated hangers and supports per A0.12 Finish Schedule6. Wood ceiling systems7. Acoustical sound-absorbing wall panels8. Framing and blocking at metal stud partitions to support glass door or other equipment as

necessary9. Expansion joint systems as required.10. Interior caulking between aluminum window and curtain wall frames and drywall.11. Caulking between the drywall and the hollow metal door and window frames12. Batt and sound insulation13. New plaster work and skim coating, patching and filling at existing plaster work that has been

removed to accommodate new building systems and construction or demolished for newwork.

14. Painting, wallcovering or staining/transparent finishing as indicated including but not limitedto concrete, masonry partitions, gypsum board and plaster partitions, perimeter walls, steel,exposed wood millwork and trim

15. Specialty painting restoration of existing historic murals, if any.16. Furnish and install recessed projection screens and ceiling mounted projectors, final

connections by Others.17. Coordinate access panel rough openings with Others including but not limited to MEP trade

contractors.18. Patching of the drywall and plaster walls and ceilings as required to provide a smooth

transition between new and existing finishes.19. Fire resistive joints in rated drywall construction systems, smoke barriers and smoke seals20. Independent Testing & Inspection Services required for this Work, including materials









30. Labor for incidental project clean-up





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31. Miscellaneous temporary protection of existing conditions during construction as specificallyspecified herein and OSHA safety barricades, rails and floor coverings, for this Work.

32. Engineering, site survey and layout for this Work.33. Provide monthly Project construction progress documentation & photographs, including



this contract.37. Contractor shall restore adjacent property to its original condition after completion of this

work.





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BP 10DOORS, FRAMES, HARDWARE, AND MISC SPECIALTIESSCOPE OF WORK – DOORS, FRAMES, HARDWARE, AND MISC SPECIALTIES


The Scope of Work includes the carpentry, hollow metal, wood doors and finish hardware at the MountPleasant Library which is located at 3160 16th Street, NW, Washington, DC.


Work includes but is not limited to the following specifications sections:DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the work of thiscontract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact tothe work of this contract.DIVISION 5 – Section 05500 – Metal Fabrications, as applies to the work of this contractDIVISION 6 – WOOD AND PLASTICS, as applies to the work of this contractDIVISION 7 – Section 07920 – Joint Sealants, as applies to the work of this contractDIVISION 8 – DOORS AND WINDOWS, as applies to the work of this contractDIVISION 10 – Section 10155 – Toilet Compartments, and Section 10801 – Toilet and Bath AccessoriesDIVISION 11 – Section 11056 – Depressible Book Return Bins, complete.



1. Furnish and install plywood and sleepers for the raised platform and ramp in Room 205 per

framing plan indicated on Sheet S1.03

CARPENTRY, HOLLOW METAL, WOOD DOORS, MISC SPECIALTIES AND FINISH HARDWARE

Contractor shall provide all labor, material and equipment for all carpentry, hollow metal, and wood doorsand finish hardware work at the existing building and the new addition as indicated in bid documents.The Contractor shall be required to provide all labor, material and equipment to perform the scope of workincluding but not limited to the following tasks:

2. Furnish and install hollow metal doors and frames including oversized sliding door and frame3. Furnish and install wood doors4. Furnish and install finish hardware, except those at glass doors included under Bid Package

085. Furnish and install permanent cylinder for the work of this contract and BP 08.6. Install salvaged doors to be removed, repaired, refinished and stored by Others. Coordinate

with BP 13 Contractor to acquire for installation.7. Grouting of hollow metal frames8. Caulk between counter tops and backsplashes





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9. Caulk between backsplashes and walls10. Furnish and install stainless steel toilet compartments and accessories11. Furnish and install fire extinguishers and cabinets, if any.12. Furnish and install book return bin(s).13. Independent Testing & Inspection Services required for this Work, including materials

testing, weld and connection testing and inspections;

14. During the period of this work, contractor agrees that all employees must be experienced inthe performance of this work.15. Contractor is required to provide pre-existing surveying (photographs or video taping).16. Contractor shall coordinate this work with other work in progress.17. The Contractor shall ensure that no elements determined to be unstable are left unsupported.











this contract.





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BP 11FLOORING

SCOPE OF WORK – FLOORING

DIVISION 1 – Section 01310 – Project Management and Coordination, as applies to the work of thiscontract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact tothe work of this contract.


The Scope of Work includes all floor finishes at the Mount Pleasant Library which is located at 3160 16thStreet, NW, Washington, DC.



DIVISION 7 – Section 07620 Sheet Metal Flashing and Trim, as applies to the work of this contract.DIVISION 8 – DOORS AND WINDOWS, as applies to the work of this contractDIVISION 9 – Section 09310 – Ceramic Tile, Section 09629 – Cork Flooring, Section 09651 – ResilientFloor Tile, Section 09653 – Resilient Wall Base and Accessories, Section 09681 – Carpet Tile, as applies to

the work of this contractDIVISION 12 – Section 12484 – Floor Mats and Frames



1. Floor prep and flash patch as required including leveling and patching of minor imperfections

FLOORING

Contractor shall provide all labor, material and equipment for all flooring work including but not limited toceramic tile, carpeting, slate flooring, resilient flooring and base at the existing building and the new additionas indicated in bid documents.

The Contractor shall be required to provide all labor, material and equipment to perform the scope of workincluding but not limited to the following tasks:

2. All glues, adhesives and fasteners as required for this work 3. Floor transitioning accessories and thresholds for this work, excluding those provided in

Specification Section 08710 – Door Hardware, and provided under BP 104. Carpet tile5. Ceramic tile floors, walls and base





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6. Cork tile flooring7. Vinyl composite floor tile8. Vinyl treads and risers9. Rubber base and stair nosing10. Prefinished wood flooring type WD0911. Recessed floor mats and frames

12. Independent Testing & Inspection Services required for this Work, including materialstesting, weld and connection testing and inspections;13. During the period of this work, contractor agrees that all employees must be experienced in












this contract.

This scope of work excludes:1. F&I plywood and sleepers for raised platform per S1.03 (by BP 10 carpentry)2. Interior stone tile flooring (by BP05)3. Repair and patching of stone flooring (by BP05)4. Thin set stone flooring in elevator cab applications by (BP05)





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BP 12TERRACOTTA

SCOPE OF WORK – TERRACOTTA



The Scope of Work includes the interior and exterior terracotta panel/baguette systems at the Mount PleasantLibrary which is located at 3160 16th Street, NW, Washington, DC.



DIVISION 5 – Section 05500 – Metal Fabrications, as applies to the work of this contractDIVISION 7 – Section 07210 – Building Insulation, Section 07272 – Fluid-Applied Membrane Air Barriers,Section 07842 - Fire Resistive Joint Systems and Section 07920 - Joint Sealants, as applies to the work of this contractDIVISION 8 – Section 08110 – Steel Doors and Frames, Section 08411 – Aluminum Framed Entrances and

Storefronts, Section 08520 – Aluminum Windows, and Section 08911 – Glazed Aluminum Curtain Walls, asapplies to the work of this contractDIVISION 9 – Section 09111 – Non-Load Bearing Steel Framing, Section 09380 – Terracotta and Stone Tileas applies to the work of this contract



1. Terracotta exterior wall panels/baguettes in scheduled patterns and as detailed at exteriorwalls including backup sheathing, framing and supports, mineral wool insulation, and sealants

TERRACOTTA WORK

The Contractor shall be required to provide all labor, material and equipment to perform the a scope of work

including but not limited to the following tasks:

2. Terracotta exterior panels/baguettes in scheduled patterns and as detailed at roof screen falsemansard including backup framing and supports

3. Terracotta interior wall cladding panels/baguettes in scheduled patterns and as detailed atinterior walls as an extension of exterior wall systems; light gauge framing and miscellaneousstructural support at interior by Others

4. Caulking of control and expansion joint in terracotta work





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5. Positive attachment of mineral wool insulation to keep it in place with minimum penetrationof the weatherwall system.

6. Testing & Inspection Services for the Work, including sub-grade & backfill compaction andmaterials testing; concrete, grout & rebar inspections and testing;

7. During the period of this work, contractor agrees that all employees must be experienced inthe performance of this work.

8. Contractor is required to provide pre-existing surveying (photographs or video taping) for theWork.9. Contractor shall coordinate this work with other work in progress.10. The Contractor shall ensure that no elements determined to be unstable are left unsupported.


11. Contractor shall remove and transport debris resulting from these operations and materials tosite disposal area. Recyclable materials shall be separated and stored or stockpiled withoutintermixing with other surplus materials before transporting to recycling facilities inaccordance with a recycling program consistent with the Project LEED Certification Program.





16. Labor for project clean-up;17. Miscellaneous temporary protection of existing conditions during construction as specifically

specified herein and OSHA safety barricades, rails and floor coverings for this Work.18. Engineering, site survey and layout for the Work.19. Contractor shall be responsible for all hoisting and lifts required for the performance of the

work of this contract.20. Provide monthly Project construction progress documentation & photographs, including




remain, during this remediation scope contract and restore damaged improvements to theiroriginal condition or better as required by drawings and specifications. AdditionallyContractor shall survey the site and examine the Drawings and Specifications to determinethe extent of the work.






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BP 13MILLWORK AND WOOD WINDOWS (BOTH NEW AND REMOVED),SALVAGE/REPAIR/REFINISH and REINSTALL

SCOPE OF WORK – MILLWORK AND WOOD WINDOWS (BOTH NEW AND REMOVED), SALVAGE /REPAIR /REFINISH AND REINSTALL

DIVISION 1 – Section 01351 – Special Procedures for Historic Treatment. Section 01310 – Project

Management and Coordination, as applies to the work of this contract.


The Scope of Work includes the new millwork as scheduled, as well as the planning, cataloguing anddismantling and storage of identified historic materials, later to be refinished and reinstalled, and thetemporary protection of historic materials to remain in place during construction activities of the MountPleasant Library which is located at 3160 16th Street, NW, Washington, DC.



DIVISION 6 – Section 06402 – Interior Architectural Woodwork, complete. Section 06105 – MiscellaneousCarpentry, as applies to the work of this contract.DIVISION 8 – Section 08212 – Stile and Rail Wood Doors, complete.




MILLWORK, WOOD WINDOWS, SALVAGE /REPAIR /REFINISH /REINSTALL The Contractor shall be required to provide all labor, material and equipment to perform the millwork (newand salvaged) and wood windows (new and salvaged), and salvage/repair/refinish/reinstall scope of workincluding but not limited to the following tasks:

2. Contractor shall locate and clearly flag doors to remain or to be relocated3. Contractor is required to provide pre-existing surveying and cataloguing (photographs or

digital video taping).4. Contractor shall perform careful removal and disposition of materials specified to be salvaged

including but not limited to clerestory windows, doors, running wood trim, and millwork.





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Additionally, this Contractor shall provide labor, materials and equipment to install andmaintain protection of property which is to remain undisturbed for the duration of the project.

5. Removed and salvaged materials shall be patched, repaired, refinished and reinstalled orotherwise treated in accordance with the bid documents.

6. Furnish and install new wood windows.7. Protect existing windows to remain in place (no removal, salvage or restoration required).

8. Remove, salvage, restore, refinish and replace existing wood windows only as indicated.9. Protect or furnish and install finish carpentry wood base, column, beam, door casing orcornice trim moulding.

10. Repair and refinish including protecting in place as required all millwork (including HVACfan coil unit enclosures) scheduled to remain or be reused.

11. Furnish and install toilet room, pantry and workroom countertops and base and wall cabinets.12. Furnish and install custom millwork types MW01-16 (MW-06 not used).13. Furnish and install custom bookstack types BS-09, 09A, 10, 11, 12, 21, 22.14. Furnish and install custom wood bookstack types WBS-1, 2, 10, 11, 12, 13, 15, 16.15. Furnish and install solid surface or acrylic (AP-02) top and end panels at bookstacks as

indicated.16. Furnish and install cork tile or linoleum (with materials furnished by others) top or end panels

at bookstacks as indicated and to match floor finishes by Others (BP11)17. Coordinate millwork top and end panels at bookstacks with Contractors for future bid package

for furniture, fixtures and equipment.18. Contractor shall coordinate this work with other work in progress.19. The Contractor agrees to use their best efforts to salvage, protect and preserve the property.

Where the property is to be taken the Contractor shall take the property to a bondedwarehouse for safekeeping. While performing the salvage services the Contractors shall alsouse their best efforts to prevent or minimize damage to the environment.

20. Contractor will be responsible for protection of the removed material for the duration of theproject. Aforementioned materials must be kept in a climate controlled environment at alltimes.

21. Contractor shall protect existing adjacent facilities, structures and site improvements toremain, during this remediation scope contract and restore damaged improvements to theiroriginal condition or better as required by drawings and specifications. AdditionallyContractor shall survey the site and examine the Drawings and Specifications to determine theextent of the work.

22. The Contractor shall ensure that no elements determined to be unstable are left unsupportedonce salvaged material is removed.

23. Salvageable materials shall be protected from the weather at all times. In other words,Contractor must maintain the physical integrity of the property moved from the site to a safeand secure HVAC conditioned space (where necessary to preserve materials) at all times.

24. Contractor shall provide copies of salvage documentation and cataloguing lists of materials toCM and Architect for their use.

25. Contractor shall remove and transport debris resulting from demolition operations andmaterials later determined not to be reused to a legal off site disposal area. Recyclablematerials shall be separated and stored or stockpiled without intermixing with other surplusmaterials before transporting to recycling facilities.

26. Only those items specifically shown to be removed shall be removed without prior approvalof the Architect.






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28. A detailed work plan and schedule showing means and methods to be used in this packagewill be provided by the Contractor with the proposal.

29. Contractor shall provide all hoisting and lifting required for the performance of the work of this contract.


1. Existing windows not indicated to be removed. Protect in place only (no requirement forremoval, salvage or restoration).

EXCLUDED ACTIVITIES

2. Wood stair treads and landings (BP08)

PROJECT CONDITIONS

Contractor shall conduct a pre-installation conference at the project site with Owner and/or Owner’sRepresentative, the Architect to review the contractor’s protection and salvage plan once submittedprior to approval.

Contractor shall name Owner as Additional Insured on its Liability Insurance Policies and willprovide adequate levels of liability insurance as required by the Contract.

CONTRACTOR SUBMITTALS AND EVALUATION CRITERIA

Potential Contractors shall submit proposals detailing their proposed means and methods for theSalvage, Preserve and Protection of the Mount Pleasant Library.

Proposals shall list Total Proposed Costs as well as break-out costs for overhead, profit and generalrequirements in a not-to-exceed amount for the Contract.

Contractors will provide evidence of their experience with similar projects as well as references whomay be contacted by the Client.

The Client will select a Contractor based on the quality of the submittals, the experience of theContractor, and the amount of the not-to-exceed price. Client reserves the right to determine anoptimum solution based on the combination of the factors listed above.





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BP-14ELEVATOR SYSTEMS

SCOPE OF WORK – ELEVATOR SYSTEMS



The Scope of Work includes the elevator at the Mount Pleasant Library which is located at 3160 16th Street,NW, Washington, DC.

Offeror shall be responsible for providing all labor, material, equipment, and Trade Subcontractormanagement and coordination to fully execute the requirements of all new and modified construction asspecifically described in this scope of work with no exceptions or exclusions, and as indicated in biddocuments, Attachment J.1, Issued for Bid Drawings and Specifications dated January 13, 2010. Reference

Sections G and H for additional information on Project Team roles and responsibilities and Special ContractRequirements. Also reference Division 1 Specifications for general project references, requirements,procedures and documentation.


DIVISION 5 – METALS, as applies to the work of this contractDIVISION 9 – FINISHES, as applies to the work of this contractDIVISION 14 – CONVEYING SYSTEMS, Complete



1. Elevator sills and sill angles

ELEVATOR

Contractor shall provide all labor, material, and equipment necessary for the machine room less elevator atthe existing building and the new addition as indicated in bid documents.The Contractor shall be required to provide all labor, material and equipment to perform the a scope of workincluding but not limited to the following tasks:

2. Elevator door frames and supports3. Elevator shaft, exhaust and venting as required.4. Elevator cab finishes complete, excluding finish flooring5. Code railing on top of the elevator shaft.6. Temporary elevator cab protection until the library reopens.7. Extended warranties and maintenance to allow the elevator to be used from elevator

completion until building acceptance.8. Independent Testing & Inspection Services required for this Work, including materials

testing, weld and connection testing and inspections;





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10. Contractor shall coordinate this work with other work in progress.11. The Contractor shall ensure that no elements determined to be unstable are left unsupported.







specified herein and OSHA safety barricades, rails and floor coverings, for this Work.18. Engineering, site survey and layout for this Work.19. Contractor shall leave the workplace in a clean and presentable condition ready for


this contract.

This scope of work excludes:1. Stone flooring in elevator cab installations. Provide subfloor prepared for floor finishes by

Others (BP11)





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BP-15HVAC, PLUMBING & FIRE PROTECTION

SCOPE OF WORK – HVAC, PLUMBING & FIRE PROTECTION

DIVISION 1 – Section 01810 – General Commissioning Requirements, Section 01815 – Commissioning of HVAC, Section 01820 – Demonstration and Training, Section 01310 – Project Management andCoordination, as applies to the work of this contract.


The Scope of Work includes the mechanical work at the Mount Pleasant Library which is located at 316016th Street, NW, Washington, DC.



DIVISION 7 – Section 07842 – Fire-Resistive Joint Systems and Section 07920 – Joint Sealants, as appliesto the work of this contract.DIVISION 10 – Section 10200 – Louvers, as applies to the work of this contract.DIVISION 13 – Section 13915 – Fire Suppression Piping, Section 13921 – Electric-Drive, Cetrifugal Fire

Pumps, Section 13930 – Wet-Pipe Fire Suppression Sprinklers, Complete.DIVISION 15 – HVAC/PLUMBING, Complete



1. Drain, turn off and cap plumbing and mechanical systems to make safe and ready for removalof this material by others

MECHANICAL

Contractor shall provide all labor, material and equipment necessary for the mechanical work at the existingbuilding and the new addition as indicated in bid documents.The Contractor shall be required to provide all labor, material and equipment to perform the a scope of work


2. Domestic water, chilled water and gas piping with all required hangers, valves and back flowpreventers

3. Sanitary sewer lines with all required vents, traps and clean outs4. Duct work with all required hangers.5. Fire protection system with all required piping, hangers, valves, and sprinkler heads.





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6. Duct and pipe insulation7. HVAC system with all required units including but not limited to cooling tower, pumps, air

handling units and tanks.8. Plumbing fixtures including but not limited to urinals, water closets, lavatories, sinks and

drinking fountains with faucets and valves9. Fire department connection and fire pump test header

10. Caulking of all plumbing fixtures11. Hot water heaters12. Connections as required for refrigerator, ice maker, dishwasher13. Interior floor and trench drains14. Sump pumps15. Roof drains16. Wall hydrants17. Grills and diffusers18. Fire dampers19. Provide cutouts, sawcuts, coring and/or channeling of existing construction as required for

installation of new work.20. Demo, excavate, backfill and remove excess dirt for underslab utilities.21. Furnish and install all necessary support such as lintels (angles, beams) at all penetrations for

this work.22. This contractor is to run the water and sewer line to 5’-0” outside the building and make the

tie ins with all associated valves and fittings.23. Installation and later removal of temporary fire risers and water systems for building project

and use by other trades.24. This contractor is to furnish sleeves and coordinate the installation in all walls, floors and

ceilings.25. Access panels as required for this work 26. This contractor is responsible to fire caulk its penetrations through fire rated walls and floors.27. Starters and disconnects as required28. This contractor is to coordinate with other trades and complete coordination drawings

showing the location of all piping, duct work, and electrical conduits and sprinkler lines.29. Commisssioning, start up, demonstration and training session with owner maintenance people

showing how to operate and maintain all mechanical systems and units including but notlimited to LEED commissioning requirements.

30. Independent Testing & Inspection Services required for this Work, including materialstesting, weld and connection testing and inspections;


32. Contractor is required to provide pre-existing surveying (photographs or video taping).33. Contractor shall coordinate this work with other work in progress.34. The Contractor shall ensure that no elements determined to be unstable are left unsupported.








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39. Contractor shall submit bids detailing their proposed means and methods for this scope of work, and shall include evidence of their experience with similar projects as well as

references who may be contacted by the Client.40. Labor for incidental project clean-up41. Miscellaneous temporary protection of existing conditions during construction as specifically




this contract.





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BP-16ELECTRICAL

SCOPE OF WORK – ELECTRICAL

DIVISION 1 – Section 01810 – General Commissioning Requirements, Section 01820 – Demonstration andTraining, Section 01310 – Project Management and Coordination, as applies to the work of this contract.


The Scope of Work includes the electrical work at the Mount Pleasant Library which is located at 3160 16thStreet, NW, Washington, DC.



Reference Section 01351 – Special Procedures for Historic Treatment for impact to the work of this contract.DIVISION 7 – Section 07842 – Fire-Resistive Joint Systems and Section 07920 – Joint Sealants, as appliesto the work of this contract.DIVISION 13 – Section 13730 – Security Access, Section 13945 – Lighting Controls, Section 13852 –Digital, Addressable Fire-Alarm System, Complete

DIVISION 16 – ELECTRICAL, CompleteDIVISION 17 – Section 17100 – Voice and Data Communication Cabling



1. Turn off power for the electrical system as required to make the building safe for demolitionwork to be performed by others;

ELECTRICAL

Contractor shall provide all labor, material and equipment necessary for the electrical work at the existingbuilding and the new addition as indicated in bid documents.The Contractor shall be required to provide all labor, material and equipment to perform the scope of work


2. Lights with all bulbs, ballast and lenses as shown on the drawings and in the specifications;3. Lighting control systems;4. Electrical outlets and switches;5. Conduit;6. Wire;





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36. Provide monthly Project construction progress documentation & photographs, includingexisting building pre-construction condition documentation;



this contract.





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PART IV

SECTION K: CERTIFICATIONS, REPRESENTATIONS AND OTHERSTATEMENTS OF BIDDERS

K-1. Certification of Eligibility

K-2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-LowerTier Covered Transaction

K-3. Payment to Subcontractor and Suppliers Certification

K-4. Equal Opportunity Compliance

K-5. Tax Certification Affidavit

K-6. Bid Bond

K-7. Certification as to Corporation

K-8. Certification of Independent Price Determination

K-9. Employment Agreement

K-10. Certification under “Buy American Act” (applicable to purchase of material and equipment)

K-11. Certification as to Type of Business Organization





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K-1

CERTIFICATE OF ELIGIBILITY





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CERTIFICATION OF ELIGIBILITY

, being duly sworn (or(President or Authorized Official of Bidder)

under penalty of perjury under the laws of the United States), certifies that, except as noted below, (theCompany) or any person associated therewith in the capacity of (owner, partner, director, officer, principainvestigator, project director, manager, auditor, or any position involving the administration of federal funds):

is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility under anyFederal, District or State statutes;

has not been suspended, debarred, voluntarily excluded or determined ineligible by an Federal, District or stateagency within the past three (3) years;

does not have a proposed debarment pending; and

has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competentjurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Exceptions will not necessarily result in denial of award, but will be considered in determining acceptability ofofferor. For any exception noted, indicate below to whom it applies, initiating agency, and dates of actionProviding false information may result in criminal prosecution or administrative sanctions.

____________________________

Contractor President or Authorized Official

__Date Title

The penalties for making false statements are prescribed in the Program Fraud Civil Remedies Act of 1986(Public Law 99-509, 31 U.S.C. 3801-3812).

Subscribed and sworn before me this _____

At

day of

City and State

Notary Seal Notary Public





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K-2

CERTIFICATE REGARDINGDEBARMENT, SUSPENSION,

INELIGIBILTY AND VOLUNTARY EXCLUSION





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CERTIFICATION REGARDING DEBARMENTSUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION

, being duly sworn (or(President or Authorized Official of Bidder)

under penalty of perjury under the laws of the United States), certifies that, except as noted below, (theCompany) or any person associated therewith in the capacity of (owner, partner, director, officer, principainvestigator, project director, manager, auditor, or any position involving the administration of federal funds):

is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility under anyFederal, District or State statutes;

has not been suspended, debarred, voluntarily excluded or determined ineligible by an Federal, District or stateagency within the past three (3) years;

does not have a proposed debarment pending; and

has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competentjurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Exceptions will not necessarily result in denial of award, but will be considered in determining acceptability ofofferor. For any exception noted, indicate below to whom it applies, initiating agency, and dates of actionProviding false information may result in criminal prosecution or administrative sanctions.

_______________________________ Contractor President or Authorized Official

Date Title

The penalties for making false statements are prescribed in the Program Fraud Civil Remedies Act of 1986 (Public Law 99-509, 31U.S.C. 3801-3812).

Subscribed and sworn before me this day

AtCity and State

Notary Seal Notary Public





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K-3

CERTIFICATE OF PAYMENT TOSUBCONTRACTOR AND SUPPLIERS

CERTIFICATION





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K-4

EQUAL OPPORTUNITY COMPLIANCE

NOTE: The note in the top-left box of “SUBCONTRACTOR SUMMARY FORM”stating: “ The standard for minority subcontracting is 25%....” is superseded by:The revised minimum LSDBE Subcontracting Set-Aside requirements as specified in“Section-M” of this IFB document.





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EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS

AFFIRMATIVE ACTION PROGRAM:

Submission by the Contractor and all subcontractor of an Affirmative Action Plan in compliance with therequirements of Mayor's Order 85-85 is a requirement of this contract. These Affirmative Action Plans mustbe received by Wayne R. Minor, Chief Contracting Officer, DC Public Library Office of Procurement, 901G Street NW Washington, DC Suite 401, within five (5) working days subsequent to the bid opening. Failureto comply in a timely manner may render the bid non-responsible.

MINORITY AND FEMALE UTILIZATION:

A minority utilization rate of forty-two percent (42%) for each craft and a female utilization rate of six andnine/tenths percent (6.9%) in the Contractor1s and subcontractor' aggregate construction workforce isapplicable to this project.

DC RESIDENT HIRING GOAL

In accordance with the Mayor’s Order 83-265. A signed First source Employment Agreement is arequirement for all contracts of $100,000.00 or more. Failure to sign the First Source EmploymentAgreement, included as a part of the bid forms, may render the bid non-responsive. The First sourceEmployment Agreement must be submitted with the bid.

Any agreement of a contractual nature shall contain the following basic goals and objectives for utilization ofBONA FIDE residents of the District of Columbia in each project’s labor force:

A. At least fifty-one percent (51%) of all jobs created are to be performed by employees who areresidents of the District of Columbia.

B. At least fifty-one percent (51%) of apprentices and trainees employed shall be residents of the

District of Columbia, registered in programs approved by the DC Apprenticeship Council.

APPRENTICESHIP PROGRAM

All prime Contractors and subcontractor who contract with the District of Columbia Government to performconstruction or renovation work with a single contract or cumulative contracts of at least $500,000.00 letwithin a twelve (12) month period, shall be required to register an apprenticeship program with the Districtof Columbia Apprenticeship Council. (D.C. Code 3-404 1988).

APPRENTICES AND TRAINEES

This S.P. supplements APPRENTICES AND TRAINEES. Article 3 of STANDARD CONTRACT

PROVISIONS FOR USE WITH SPECIFICATIONS FOR DISTRICT GOVERNMENT CONSTRUCTIONPROJECTS, DATED 1973; as amended by the Transmittal Sheet No.5.

(1) In Items A, B and C, except for subparagraph C5, wherever the words "ApprenticeshipCouncil, DC Department of Labor" appear, add immediately after: "and/or U.S. Departmentof Labor."





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The Contractor and all Subcontractors shall furnish to the Contracting Officer written evidence of theregistration of his/her program and apprentice as well as the appropriate ratios and wage rates for the areas ofconstruction, prior to using any apprentice on the contract.

EMPLOYMENT OF THE HANDICAPPED

The Contractor and all subcontractors agree not to discriminate against any handicapped person who isqualified to perform the job and also agrees to take Affirmative Action to hire, recruit, train and upgradequalified handicapped persons without discrimination.

UTILIZATION OF MINORITY BANKING INSTITUTIONS:

All prime and subcontractor are encouraged to use the services of banks and other financial institutionsowned and controlled by minorities and females.

MONTHLY EMPLOYMENT UTILIZATION REPORTS:

Submission of Monthly Employment Utilization Reports (Form AARU-1 02) to the COTR is a requirement

of this contract. These reports are due on the last working day of each month at the following address:

901 G Street NW Suite 443

Washington, DC 20001

Attn: Chris Wright

Prime Contractors are responsible for timely submission of these reports from their entire subcontractor.Failure to comply with this requirement may delay partial payment voucher processing.





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ON YOUR [bidder’s] LETTER-HEAD

EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY STATEMENT

_______________SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOREMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE,

MARITIAL STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, FAMILYRESPONSIBILITIES, MATRICULATION, POLITICAL AFFILIATION, OR PHYSICAL HANDICAP.

________________AGREES TO AFIRMATIVE ACTION TO ENSURE THAT APPLICANTS AREEMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT, WITHOUTREGARD TO THEIR RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITIALSTATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, FAMILY RESPONSIBILITIES,MATRICULATION, POLITICAL AFFILIATION, OR PHYSICAL HANDICAP.THE AFFIRMATIVEACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: (A) EMPLOYMENT,UPGRADING, OR TRANSFER; (B) RECRUITMENT OR RECRUITMENT ADVERTISING; (C)DEMOTION, LAYOFF, OR TERMINATION; (D) RATES OF PAY, OR OTHER FORMS OF

COMPENSATION; AND (E) SELECTION FOR TRAINING AND APPRENTICESHIP.

________________AGREES TO POST IN CONSPICUOUS PLACES THE PROVISIONS CONCERNINGNON-DISCRIMINATION AND AFFIRMATIVE ACTION.

________________SHALL STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVECONSIDERATION FOR EMPLOYMENT PURSUANT TO SUBSECTION 1103.2 THROUGH 1103.10OF MAYOR’S ORDER 85-85; “EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS INCONTRACTS.”

________________AGREES TO PERMIT ACCESS TO ALL BOOKS PERTAINING TO ITSEMPLOYMENT PRACTICES, AND TO REQUIRE EACH SUBCONTRACTOR TO PERMIT ACCESSTO BOOKS AND RECORDS.

________________AGREES TO COMPLY WITH ALL GUIDELINES FOR EQUAL EMPLOYMENTOPPORTUNITY APPLICABLE IN THE DISTRICT OF COLUMBIA.

________________SHALL INCLUDE IN EVERY SUBCONTRACT THE EQUAL OPPORTUNITYCLAUSES, SUBSECTION 1103.2 THROUGH 1103.10 SO THAT SUCH PROVISIONS SHALL BEBINDING UPON EACH SUBCONTRACTOR OR VENDOR.

_______________________________________________AUTHORIZED OFFICIAL AND TITLE

_______________________________________________AUTHORIZED SIGNATURE

_______________________________________________FIRM/ORGANIZATION NAME

_______________________________________________DATE





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ASSURANCE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITYREQUIREMENTS

MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND THE RULES IMPLEMENTING MAYORSORDER 85-85, 33 DCR 4952, (PUBLISHED AUGUST 15, 1986), “ON COMPLIANCE WITH EQUAL

OPPORTUNITY REQUIREMENTS IN DISTRICT GOVERNMENT CONTRACTS,” ARE HEREBYINCLUDED AS PART OF THIS BID/PROPOSAL. THEREFORE, EACH BIDDER/OFFEROR SHALLINDICATE BELOW THEIR WRITTEN COMMITMENT TO ASSURE COMPLIANCE WITHMAYOR’S ORDER 85-85 AND THE IMPLEMENTING RULES. FAILURE TO COMPLY WITH THESUBJECT MAYOR’S ORDER AND THE IMPLEMENTING RULES SHALL RESULT IN REJECTIONOF THE RESPECTIVE BID/PROPOSAL.

I, ______________________________________________, THE AUTHORIZED REPRESENTATIVE OF___________________________________________, HEREINAFTER REFERRED TO AS “THECONTRACTOR,” CERTIFY THT THE CONTRATOR IS FULLY AWARE OF ALL OF THEPROVISIONS OF MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND OF THE RULESIMPLEMENTING MAYOR’S ORDER 85-85, 33 DCR 4952. I FURTHER CERTIFY AND ASSURETHAT THE CONTRACTOR WILL FULLY COMPLY WITH ALL APPLICABLE PROVISIONS OF THEMAYOR’S ORDER AND IMPLEMENTING RULES IF AWARDED THE D.C. GOVERNMENTREFERENCED BY THE CONTRACT NUMBER ENTERED BELOW. FURTHER, THECONTRACTOR ACKNOWLEDGES AND UNDERSTANDS THAT THE AWARD OF SAIDCONTRACT AND ITS CONTINUATION ARE SPECIFICALLY CONDITIONED UPON THECONTRACTOR’S COMPLIANCE WITH THE ABOVE-CITED ORDER AND RULES.

____________________________________________CONTRACTOR

____________________________________________NAME

____________________________________________SIGNATURE

____________________________________________TITLE

____________________________________________CONTRACT NUMBER

____________________________________________DATE





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EQUAL EMPLOYMENT OPPORTUNITY

EMPLOYER INFORMATION REPORT

GOVERNMENT OF THE DISTRICT OFCOLUMBIA

DC Public Library Office of Procurement

Employer Information Report (EEO)

Reply to:DCPL Office of Procurement901 G Street NW Suite 401

Washington, DC 20001Instructions:

Two (2) copies of DAS 84-404 or Federal Form EEO-1 shall be submitted to the Office of Contracting and Procurement.One copy shall be retained by the Contractor.

Section A – TYPE OF REPORT

1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX)

Single Establishment Employer Multi-establishment Employer:

(1) Single-establishment Employer Report (2) Consolidated Report

(3) Headquarters Report

(4) Individual Establishment Report (submit one for eacestablishment with 25 or more employees)

(5) Special Report

1. Total number of reports being filed by this Company. _______________________

Section B – COMPANY IDENTIFICATION (To be answered by all employers) OFFICIUSE

ONLY

1. Name of Company which owns or controls the establishment for which this report is filed a.

Address (Number and street) City or Town Country State Zip Code b.

b. EmployerIdentification No.

2. Establishment for which this report is filed. OFFICIUSE

ONLY

a. Name of establishment c.

Address (Number and street) City or Town Country State Zip Coded.

b. Employer Identification No.

3. Parent of affiliated Company

a. Name of parent or affiliated Company b. Employer Identification No.

Address (Number and Street) City or Town Country State Zip Code

Section C - ESTABLISHMENT INFORMATION

1. Is the location of the establishment the same as that reported last year? 2. Is the major business activity at this establishment the same

Yes No Did not report Report on combined as that reported last year? Yes NoLast year basis No report last year Reported on combined basis

OFFICIUSE

ONLY

2. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale plumbingsupplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal business or industrialactivity.

e.

3. MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members).

Yes No

DAS 84-404 (Replaces D.C. Form 2640.9 Sept. 74 which is Obsolete) 84-2P891





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SECTION D – EMPLOYMENT DATA

Employment at this establishment – Report all permanent, temporary, or part-time employees includingapprentices and on-the-job trainees unless specifically excluded as set forth in the instructions. Enter theappropriate figures on all lines and in all columns. Blank spaces will be considered as zero. In columns 1, 2,

and 3, include ALL employees in the establishment including those in minority groups

TOTAL EMPLOYEES IN ESTABLISHMENTMINORITY GROUP EMPLOYEES

MALE FEMALE

JOBCATEGORIES

TotalEmployeesIncludingMinorities

(1)

TotalMale

IncludingMinorities

(2)

TotalFemale

IncludingMinorities

(3)

Black

(4)

Oriental

(5)

AmericanIndian

(6)

SpanishSurnameAmerican

(7)

Black

(8)

Oriental

(9)

AmericanIndian(10)

Officials andManagers

Professionals

Technicians

Sales Workers

Office and Clerical

Craftsman (Skilled)

Operative (Semi-Skilled)

Laborers (Unskilled)

Service Workers

TOTAL

Total employ reportedin previous report

(The trainee below should also be included in the figures for the appropriate occupation categories above)

FormalOn-The-

JobTrainee

Whitecollar

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)(11)

Production

1. How was information as to race or ethnic group in Section D obtained? 2. Dates of payroll period used

a. Visual Survey c. Other Specify ________ __ 3. Pay period of last report submitted for this

b. Employment Record____________________establishment.____________________________

Section E – REMARKS Use this Item to give any identification data appearing on last report which differsfrom that given above, explain major changes in composition or reporting units, and other pertinent informati

Section F - CERTIFICATION

Check 1. All reports are accurate and were prepared in accordance with the instructions(check on consolidated oOne 2. This report is accurate and was prepared in accordance with the instructions.

Name of Authorized Official Title Signature Date________________________________________________________________________________Name of person contact regarding AddressThis report (Type of print) (Number and street)

Title City and State Zip Code Telephone Number Extension





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INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE.





199




201

DISTRICT OF COLUMBIA REGISTER

GOVERNMENT OF THE DISTRICT OF COLUMBIA

ADMINISTRATIVE ISSUANCE SYSTEM

SUBJECT: Compliance with Equal Opportunity Obligations in Contracts

ORIGINATING AGENCY: Office of the Mayor

By virtue of the authority vested in me as Mayor of the District of Columbia by Section 422 of the Districtof Columbia self-government and Government Reorganization Act of 1973 as amended, D.C. Code section1-242 (1981-Ed.), it is hereby ORDERED that Commissioner’s Order No. 73-51, dated February 28, 1973,is hereby rescinded and reissued in its entirety to read as follows:

1. Establishment of Policy: There is established a policy of the District of Columbia Government to:

(a) provide equal opportunity in employment for all persons with respect to any contract by andwith the Government of the District of Columbia.

(b) prohibit discrimination in employment because of race, color, religion, national origin, sex,age, marital status, personal appearance, sexual orientation, family responsibilities,matriculation, political affiliation, or physical handicap;

(c) provide equal opportunity to all persons for participation in all District of Columbia Governmentcontracts, including but not limited to lease agreements, Industrial Revenue Bond financing, and

Urban Development Action grants;

(d) provide equal opportunity to minority business enterprises in the performance of District of Columbia Government contracts in accordance with Mayor’s Orders, District of Columbia laws,and rules and regulations promulgated by the Minority Business Opportunity Commission; and

(e) promote the full realization of equal employment through affirmative, continuing programsby Contractors and subcontractor in the performance of contracts with the District of ColumbiaGovernment.

2. Delegation of Authority: The Director of the Office of Human Rights (hereinafter “Director”) is

delegated the authority vested in the Mayor to implement the provisions of this order as set forthherein, and any rules, regulations, guidelines, and procedures adopted pursuant thereto.

3. Responsibilities: The Director of the Office of Human Rights shall be responsible for establishingand ensuring agency compliance with the policy set forth in this Order, any rules, regulations, andprocedures that may be adopted by the Office of Human Rights pursuant to this Order, and any otherequal opportunity provisions as may be added as a part of any contract.

4. Powers and Duties: The Director of the Office of Human Rights shall have the following powersand duties:




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(a) to establish standards and procedures by which Contractors and subcontractor who performunder District of Columbia Government contracts shall comply with the equal opportunityprovisions of their contracts; to issue all orders, rules, regulations, guidelines, and proceduresthe Director may deem necessary and proper for carrying out and implementing the purposesof this Order;

(b) to assume equal opportunity compliance jurisdiction over any matter pending before acontracting agency where the Director considers it necessary or appropriate for the achievementof the purposes of this Order, keep the contracting agency informed of all actions taken, and actthrough the contracting agency to the extent appropriate and practicable;

(c ) to examine the employment practices of any District of Columbia Government Contractor orsubcontractor, or initiate the examination by the appropriate contracting agency to determinewhether or not the contractual provisions specified in any rules and regulations adopted pursuantto this Order have been violated, and notify the contracting agency of any action taken orrecommended;

(d) to monitor and evaluate all District of Columbia Government agencies, including those

independent agencies and commissions not required to submit the Affirmative Action Programsof their Contractors to the Office of Human Rights for approval, to ensure compliance with theequal opportunity obligations in contracts;

(e) to use his or her best efforts to cause any labor union engaged in work under District of Columbia Government contracts, any referral, recruiting or training agency, or any otherrepresentative of workers who are or may be engaged in work under contracts and subcontractsto cooperate in and to comply with the implementation of the purposes of this Order;

(f) to notify, when appropriate, the concerned contracting agencies, the Office of Federal ContractCompliance Programs, the U.S. Department of Justice, or other appropriate Federal, State, and

District agencies, whenever the Director has reason to believe that practices of any Contractor,labor organization, lending institution, insurance firm, or agency violate provisions of Federal,State, or District, laws;

(g) to enter, where the determinations are made by Federal, State, or District agencies, intoreciprocal agreements with those agencies to receive the appropriate information;

(h) to hold hearings, public or private, as necessary to obtain compliance with any rules,regulations, and procedures promulgated pursuant to this Order, and to issue orders relatingthereto. No order to terminate or cancel a contract, or to withhold from any Contractor furtherDistrict of Columbia Government Contractors shall be issued without affording the Contractor anopportunity for a hearing. Any order to terminate or cancel a contract or to withhold from anyContractor further District of Columbia Government contracts shall be issued in accordance withrules, and regulations pursuant to the Administrative Procedure Act, as amended and;

(i) to grant waivers from the minimum standards for the employment of minorities and women inAffirmative Action Programs in exceptional cases, as circumstances may warrant.

5. Duties of Contracting Agencies: Each contracting agency shall have the following duties:

(a) the initial responsibility for ensuring that Contractors and subcontractor are in compliance




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with any rules, regulations, and procedures promulgated pursuant to this Order;

(b) to examine the employment practices of Contractors and subcontractor in accordance withprocedures established by the Office of Human Rights, and report any compliance action to theDirector of the Office of Human Rights;

(c) to comply with the terms of this Order and of the orders, rules, regulations, guidelines, andprocedures of the Office of Human Rights issued pursuant thereto in discharging theirresponsibility for securing contract compliance; and

(d) to secure compliance with any rules, regulations, and procedures promulgated pursuant tothis Order before or after the execution of a contract by methods, of conference, conciliation andpersuasion. No enforcement proceedings shall be initiated, nor shall a contract be cancelled orterminated in whole or in part, unless such methods have first been attempted.

6. Procedures: The procedures to be followed in implementing this Order shall be those set forth in

Orders, rules, regulations, and guidelines as may be promulgated by the Office of Human Rights.

7. Severability: If any section, subsection, sentence, clause, phrase, or portion of the provisions inthis Order is for any reason declared by any court of competent jurisdiction to be invalid orunconstitutional, such section, subsection, sentence, clause, phrase, or portion shall be deemed aseparate, distinct, and independent provision, and such holding shall not affect the validity of theremaining provisions of this order.

8. Effective Date: This Order shall become effective immediately.

Signed by Adrian M. FentyMayor

ATTEST: Signed by Stephanie D. Scott, PhDSecretary of the District of Columbia




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OFFICE OF HUMAN RIGHTS

NOTICE OF FINAL RULEMAKING

The Director of the Office of Human Rights hereby gives notice of the adoption of the following final

rules governing standards and procedures for equal employment opportunity applicable to Contractorsand subcontractor under District of Columbia Government Contracts. Notice of Proposed Rulemakingwas published for public comment in the D.C. Register on April 11, 1986 at 33 DCR 2243. Based onsome the comments received and upon further review by the Office of Human Rights, minor revisionswere made in the rules at the following subsections: 1104.1, 1104.2, 1104.4, 1104.13, 1104.17(e) (5),1104.28, 1107.1, 1199.1, and at page 15 the definition of minority was written out in addition to citingits D.C. Code. None of the revisions change the intent of the proposed final rules. Final action to adoptthese final rules was taken on August 4, 1986, and will be effective upon publication of this notice inthe Register.

CHAPTER 11 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS IN CONTRACTS

1100. PURPOSE

1100.1 These rules shall govern standards and procedures to be followed by Contractors andsubcontractor performing under District of Columbia Government contracts for goodsand services, including construction contracts, for the purpose of assuring equalemployment opportunity for minorities and women.

1100.2 These rules establish requirements for Contractors and subcontractor regarding theircommitment to observe specific standards for the employment of minorities and women andto achieve affirmative action obligations under District of Columbia contracts. These rulesare not intended nor shall be used to discriminate against any qualified applicant foremployment or employee.

1101 SCOPE

1101.1 Except as hereinafter exempted, the provisions of this chapter shall apply to all District of Columbia Government contracts subject to Mayor’s Order No. 85-85, and any rules,regulations, and procedures promulgated pursuant to that Mayor’s Order.

1102 COVERAGE

1102.1 The provisions of this chapter shall govern the processing of any matter before the OfficeHuman Rights involving the following:

(a) Discrimination in employment on grounds of race, color, religion, national origin, sex,age, marital status, personal appearance, sexual orientation, family responsibilities,matriculation, political affiliation, or physical handicap by any District of ColumbiaGovernment Contractor; and

(b) Achievement of affirmative action obligations under District of Columbia contracts.1103 CONTRACT PROVISIONS




206

1103.8 The Contractor agrees to comply with the provisions of this chapter and with allguidelines for equal employment opportunity applicable in the District of Columbiaadopted by the Director, or any authorized official.

1103.9 The prime Contractor shall include in every subcontract the equal opportunity clauses,

subsections 1103.2 through 1103.10 of this section, so that such provisions shall bebinding upon each subcontractor or vendor.

1103.10 The prime Contractor shall take such action with respect to any subcontractor as theContracting Officer may direct as a means of enforcing these provisions, includingsanctions for non-compliance; provided, however, that in the event the prime Contractorbecomes involved in, or is threatened with, litigation with a subcontractor or vendor as aresult of such direction by the contracting agency, the prime Contractor may request theDistrict to enter into such litigation to protect the interest of the District.

1104 AFFIRMATIVE ACTION PROGRAM

1104.1 Each apparent low bidder for a construction contract shall complete and submit to theContracting Agency, prior to the execution of any contract in the amount of twenty-fivethousand dollars ($25,000) or more, and each Contractor covered under subsection1105.1, an Affirmative Action Program to ensure equal opportunity which shall includespecific standards for the utilization of minorities and women in the trades, crafts andskills to be used by the Contractor in the performance of the contract.

1104.2 Each apparent low bidder or offeror for a non-construction contract shall complete andsubmit to the Contracting Agency, prior to the execution of any contract in the amount of ten thousand dollars ($10,000.00) or more, and each Contractor covered under subsection

1105.2 , an Affirmative Action Program to ensure equal opportunity which shall includespecific standards for the utilization of minorities in the job categories specified insubsection 1108.4.

1104.3 To ensure equal opportunity each Affirmative Action Program shall include the followingcommitments:

(a) With respect to construction contracts, each Contractor shall certify that it willcomply with the provisions of this chapter, and submit a personnel utilizationschedule for all the trades the Contractor is to utilize, indicating the actualnumbers of minority and female workers that are expected to be a part of the

workforce performing under the contract; and

(b) With respect to non-construction contracts, each Contractor shall certify that itwill comply with the provisions of this chapter, and shall submit a personnelutilization schedule indicating by craft and skill, the minority composition of theworkforce related to the performance of the work under the contract. Theschedule shall include all workers located in the facility from which the goods andservices are produced and shall include the same information for other facilitieswhich have a significant relationship to the performance of work under thecontract.




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1104.4 If the experience of the Contractor with any local union from which it will secureemployees indicates that the union will not refer sufficient minorities or women to meetminority or female employment commitments, the Contractor shall, not less than ten (10)days prior to the employment of any person on the project subject to the jurisdiction of

that local union, do the following:

(a) Notify the District of Columbia Department of Employment Services and at leasttwo (2) minority and two (2) female referral organizations of the Contractor’spersonnel needs, and request referral of minority and female workers; and

(b) Notify any minority and female workers who have been listed with theContractors as awaiting vacancies.

1104.5 If, within five (5) working days prior to commencement of work, the Contractordetermines that the Department of Employment Services or the minority or female

referral organizations are unable to refer sufficient minorities or women to meet itscommitments, the Contractor may take steps to hire, by referral or otherwise, from thelocal union membership to fill the remaining job openings, provided that it notifies thelocal union of its personnel needs and of its employment commitments. Evidence of thenotification shall be provided to the Contracting Agency.

1104.6 The Contractor shall have standing requests for additional referrals of minority andfemale workers with the local union, the Department of Employment Services, and theother referral sources, until such time as the Contractor has met its minority and femaleemployment commitments.

1104.7 If the Contractor desires to lay off some of its employees in a given trade on aconstruction site, it shall ensure that the required number of minority and femaleemployees remain on the site to meet the minority and female commitments.

1104.8 No Contractor shall refuse employment to any individual who has minimal facility tospeak English except where the Contractor can demonstrate that the facility to speak English is necessary for the performance of the job.

1104.9 No union with which the Contractor has a collective bargaining agreement shall refuse torefer minority and female employees to such Contractor.

1104.10 To the extent that Contractors have delegated the responsibility for some of theiremployment practices to some other organization or agency which prevents them frommeeting their equal opportunity obligations, those Contractors shall not be considered tobe in compliance with this chapter.

1104.11 The obligations of the Contractor shall not be reduced, modified, or subject to anyprovision in any collective bargaining agreement with labor organization which providesthat the labor organizations shall have the exclusive or primary opportunity to referemployees.




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1104.12 When any Contractor employs a minority person or woman in order to comply with thischapter, those persons shall be advised of their right to seek union membership, theContractor shall provide whatever assistance may be appropriate to enable that person toobtain membership, and the Contractor shall notify the appropriate union of that person’semployment.

1104.13 The Contractor shall not discharge, refuse to employ, or otherwise adversely affect anyminority person or woman because of any provision in any collective bargainingagreement, or any understanding, written or oral that the Contractor may have with anylabor organization.

1104.14 If at any time, because of lack of cooperation or overt conduct, a labor organizationimpedes or interferes with the Contractor’s Affirmative Action Program, the Contractorshall notify the Contracting Agency and the Director immediately, setting forth therelevant circumstances.

1104.15 In any proceeding involving a disagreement between a labor organization and theContractor over the implementation of the Contractor’s Affirmative Action Program, theContracting Agency and the Office of Human Rights may become a party to theproceeding.

1104.16 In determining whether or not a Contractor is utilizing minorities and females pursuant toSection 1108, consideration shall be given to the following factors:

(a) The proportion of minorities and women employed in the trades and as laborers inthe construction industry within the District of Columbia;

(b) The proportion of minorities and women employed in the crafts or as operativesin non-construction industries with in the District of Columbia;

(c) The number and ratio of unemployed minorities and women to totalunemployment in the District of Columbia;

(d) The availability of qualified and qualifiable minorities and women foremployment in any comparable line of work, including where they are nowworking and how they may be brought into the Contractor’s workforce;

(e) The effectiveness of existing training programs in the area, including the number

who complete training, the length and extent of training, employer experiencewith trainees, and the need for additional or expanded training programs; and

(f) The number of additional workers that could be absorbed into each trade or line of work without displacing present employees, including consideration of presentemployee shortages, projected growth of the trade or line of work, and projectedemployee turnover.




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1104.17 The Contractor’s commitment to specific standards for the utilization of minorities andfemales as required under this chapter shall include a commitment to make every goodfaith effort to meet those standards. If the Contractor has failed to meet the standards, adetermination of “good faith” shall be based upon the Contractor’s documented equalopportunity efforts to broaden its equal employment program which shall include, but

may not necessarily be limited to, the following requirements:

(a) The Contractor shall notify the community organizations that the Contractor hasemployment opportunities available and shall maintain records of theorganizations’ responses;

(b) The Contractor shall maintain a file of the names and addresses of each minorityand female worker referred to it and what action was taken with respect to eachreferred worker. If that worker was not sent to the union hiring hall for referral orif the worker was not employed by the Contractor, the Contractor’s file shall bedocumented and the reasons therefore;

(c) The Contractor shall notify the Contracting Agency and the Director when theunion or unions with which the Contractor has a collective bargaining agreementhas not referred to the Contractor a minority or female worker originally sent tothe union by the Contractor for union registration, or the Contractor has otherinformation that the union referral process has impeded the Contractor’s efforts tomeet its goals;

(d) The Contractor shall participate in training programs related to its personnelneeds;

(e) The Contractor shall disseminate its EEO policy internally by doing thefollowing:

(1) Including it in any organizational manual;

(2) Publicizing it in company newspapers, annual report, etc.;

(3) Conducting staff, employee, and union representatives meetings to explainand discuss the policy;

(4) Posting; and

(5) Reviewing the policy with minority and female employees.

(f) The Contractor shall disseminate its EEO policy externally by doing thefollowing:

(1) Informing and discussing it with all recruitment sources;

(2) Advertising in news media, specifically including news media directed tominorities and women;




210

(3) Notifying and discussing it with all known minority and women’sorganizations; and

(4) Notifying and discussing it with all subcontractor and suppliers.

1104.18 The Contractor shall make specific recruitment efforts, both written and oral, directed atall minority and women’s training organizations within the Contractor’s recruitment area.

1104.19 The Contractor shall encourage present employees to assist in the recruitment of minorities and women for employment.

1104.20 The Contractor shall validate all qualifications, selection requirements, and tests inaccordance with the guidelines of the Equal Employment Opportunity Commission.

1104.21 The Contractor shall make good faith efforts to provide after school, summer and

vacation employment to minority youths and young women.

1104.22 The Contractor shall develop on-the-job training opportunities, and participate and assistin any association or employer group training programs relevant to the Contractor’semployee needs.

1104.23 The Contractor shall continually inventory and evaluate all minority and femalepersonnel for promotion opportunities.

1104.24 The Contractor shall make sure that seniority practices, job classifications, qualifications,etc. do not have a discriminatory effect on minorities and women.

1104.25 The Contractor shall make certain that all facilities and company activities arenonsegregated.

1104.26 The Contractor shall continually monitor all personnel activities to ensure that its EEOpolicy is being carried out.

1104.27 The Contractor may utilize minority banking facilities as depositories for funds whichmay be involved, directly or indirectly, in the performance of the contract.

1104.28 The Contractor shall employ minority and female workers without respect to union

membership in sufficient numbers to meet the minority and female employmentstandards, if the experience of the Contractor with any labor union from which it willsecure employees does not indicate that it will refer sufficient minorities and females tomeet its minority and female employment standards.

1104.29 The Contractor shall ensure that all of its employees as well as those of its subcontractorare made knowledgeable about the Contractor’s equal opportunity policy.

1104.30 [Reserved]




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1104.31 Each Contractor shall include in all bid invitations or other pre-bid communications,written or otherwise, with respect to prospective subcontractor, the standards, asapplicable, which are required under this chapter.

1104.32 Whenever a Contractor subcontracts a portion of the work in any trade, craft or skill it

shall include in the subcontract, its commitment made under this chapter, as applicable,which shall be adopted by its subcontractor who shall be bound thereby and by theregulations of this chapter to the full extent as if it were the prime Contractor.

1104.33 The prime Contractor shall give notice to the Director and the Contracting Agency of anyrefusal or failure of any subcontractor to fulfill its obligations under this chapter.

1104.34 Failure of compliance by any subcontractor shall be treated in the same manner as afailure by the prime Contractor.

1105 EXEMPTIONS

1105.1 Prospective construction Contractors shall be exempt from submitting Affirmative ActionPrograms for contracts amounting to less than twenty-five thousand dollars ($25,000.00);provided, that when a construction Contractor accumulates contracts amounting totwenty-five thousand dollars ($25,000.00) or more within a period of twelve (12) monthsthat Contractor shall be required to submit an Affirmative Action Program for eachcontract executed thereafter.

1105.2 Prospective non-construction Contractors shall be exempt from submitting AffirmativeAction Programs for contracts amounting to less than ten thousand dollars ($10,000.00);provided, that when a non-construction Contractor accumulates contracts amounting to

ten thousand dollars ($10,000.00) or more during a period of twelve (12) months thatContractor shall be required to submit an Affirmative Action Program for each contractexecuted thereafter.

1106 NONRESPONSIBLE CONTRACTORS

1106.1 If a bidder or offeror fails either to submit a complete and satisfactory Affirmative ActionProgram or to submit a revised Affirmative Action Program that meets the approval of the Director, as required pursuant to this chapter, the Director may direct the ContractingOfficer to declare the bidder or offeror to be non responsible and ineligible for award of the contract.

1106.2 Any untimely submission of an Affirmative Action Program may, upon order of theDirector, be rejected by the Contracting Officer.

1106.3 In no case shall there be any negotiation over the provision of specific utilizationstandards submitted by the bidder or offeror after the opening of bids or receipt of offerand prior to award.

1106.4 If any directive or order relating to non responsibility is issued under this section, theDirector shall afford the bidder or offeror a reasonable opportunity to be heard in




212

opposition to such action in accordance with subsection 1118.1, or in support of a requestfor waiver under section 1109.

1107 NOTICE OF COMPLIANCE

1107.1 Each Contracting Agency shall include, or require the contract bidder or offeror toinclude, in the invitation for bids or other solicitation used for a D.C. Government-involved contract, a notice stating that to be eligible for consideration, each bidder orofferor shall be required to comply with the provisions of this chapter for the trades,crafts and skills to be used during the term of the performance of the contract whether ornot the work is subcontracted.

1108 MINIMUM STANDARDS FOR MINORITY AND FEMALE EMPLOYMENT

1108.1 The minimum standards for the utilization of minorities in the District of ColumbiaGovernment construction contracts shall be forty-two percent (42%) in each trade for

each project, and an aggregate workforce standard of six and nine-tenths percent (6.9%)for females in each project. Any changes in Federal standards pertaining to minoritygroup and female employment in Federally-involved construction contracts shall be takeninto consideration in any review of these requirements.

1108.2 The construction Contractor’s standards established in accordance with subsection 1108.1shall express the Contractor’s commitment of the forty-two percent (42%) of minoritypersonnel who will be working in each specified trade on each of the Contractor’sDistrict of Columbia Government projects, and the aggregate standard of six and nine-tenths percent (6.9%) for the employment of females in each District of ColumbiaGovernment contract.

1108.3 The hours for minority and female workers shall be substantially uniform throughout theentire length of the construction contract for each trade used, to the effect that the samepercentage of minority workers in the trades used shall be working throughout the lengthof work in each trade on each project, and the aggregate percentage in each project forfemales.

1108.4 The minimum standard for the utilization of minorities in non-construction contracts shallbe twenty-five percent (25%) in each of the following nine (9) job categories:

(a) Officials and managers;

(b) Professionals;

(c) Technicians;

(d) Sales workers;

(e) Office and clerical workers;

(f) Craftpersons (Skilled);




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(g) Operative (Semi-skilled);

(h) Laborers (Unskilled); and

(i) Service workers.

1108.5 With respect to non-construction contracts the Contractor’s standards established inaccordance with subsection 1108.4 shall express the Contractor’s commitment of thetwenty-five percent (25%) of minority personnel who will be working in each specifiedcraft or skill in each contract.

1109 WAIVERS

1109.1 The Director may grant a waiver to a prospective Contractor from the requirement tosubmit a set of minimum standards for the employment of minorities and women in a

particular contract, if before the execution of the contract and approval of the AffirmativeAction Program, the Contractor can document and otherwise prove it is unable to meetthe standards in the performance of the contract.

1110 SOLICITATION OF CONTRACT

1110.1 Each solicitation for contract covered by section 1104 shall contain a statement thatContractors shall comply with the minimum standards established pursuant to these rulesfor ensuring equal opportunity.

1110.2 The contract solicitation shall require that each bidder or offeror certify that it intends to

meet the applicable minimum standards in section 1108 in order to be considered for thecontract.

1111 PRIOR TO EXECUTION OF CONTRACT

1111.1 Upon being designated the apparent low bidder or offeror, that Contractor shall submit adetailed Affirmative Action Program that sets forth the following:

(1) The composition of its current total workforce; and

(2) The composition of the workforce by race, color, national origin, and sex to be

used in the performance of the contract and that of all known subcontractor thatwill be utilized to perform the contract.1111.2 The apparent low bidder or offeror shall submit an Affirmative Action Program in

accordance with section 1104 describing the actions it will take to ensure compliancewith this chapter which shall be subject, prior to the execution of any contract, to theapproval of the Director.

1111.3 If the Office of Human Rights does not act within ten (10) working days after the receiptof the Affirmative Action Program sent for approval, the Contracting Agency mayproceed on its own determination to execute the contract.




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1111.4 The apparent low bidder or offeror shall submit an Affirmative Action Program within aperiod of time to specified by each Contracting Agency, but which shall not exceed ten(10) working days after becoming the apparent Contractor.

1111.5 The apparent low bidder or offeror shall furnish all information and reports to theContracting Agency as required by this chapter, and shall permit access to all books orrecords pertaining to its employment practices or worksites.

1111.6 No contract subject to section 1104 shall be executed by the Contracting Agency, if theapparent low bidder or offeror does not submit an Affirmative Action Program, or if theProgram has been disapproved in writing by the Director.

1111.7 If there is disagreement between the Contractor and the Contracting Officer as to theadequacy of the Affirmative Action Program, the matter shall be referred to the Directorfor a decision.

1112 AFTER EXECUTION OF CONTRACT

1112.1 Each Contractor shall maintain throughout the term of the contract the minimumstandards for the employment of minorities and women, as set forth in the approvedAffirmative Action Program.

1112.2 Each Contractor shall require that each subcontractor or vendor under the contractcomply with the provision of the contract and the Affirmative Action Program.

1112.3 Each Contractor shall furnish all information as required by this chapter, and permit

access to all books and records pertaining to the Contractor’s employment practices andwork sites by the Director and the Contracting Agency for purposes of investigation toascertain compliance with this chapter.

1113 MONITORING AND EVALUATION

1113.1 The Director shall, from time to time, monitor and evaluate all District of ColumbiaGovernment agencies, including those independent agencies and commissions notrequired to submit the Affirmative Action Program of their Contractors, to ensurecompliance with the equal opportunity obligations in contracts, as provided for in thischapter.

1114 AFFIRMATIVE ACTION TRAINING PROGRAM

1114.1 Each Contractor, in fulfilling its affirmative action responsibilities under a contract withthe District of Columbia Government, shall be required to have, as part of its AffirmativeAction Program, an existing training program for the purpose of training, upgrading, andpromotion of minority and female employees or to utilize existing programs. Thoseprograms shall include, but not be limited to, the following:




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(a) To be consistent with its personnel requirements, the Contractor shall make fulluse of the applicable training programs, including apprenticeship, on-the jobtraining, and skill refinement training for journeymen. Recruitment for theprogram shall be designed to provide for appropriate participation by minoritygroup members and women;

(b) The Contractor may utilize a company-operated skill refinement training program.This program shall be formal and shall be responsive to the work to be performedunder the contract;

(c) The Contractor may utilize formal private training institutions that have as theirobjective training and skill refinement appropriate to the classification of theworkers employed. When training is provided by a private organization thefollowing information shall be supplied:

(1) The name of the organization;

(2) The name, address, social security number, and classification of the initialemployees and any subsequent employees chosen during the course of thecourse of the contract; and

(3) The identity of the trades, and crafts or skills involved in the training.

1114.2 If the Contractor relies, in whole or in part, upon unions as a source of its workforce, theContractor shall use its best efforts, in cooperation with unions, to develop joint trainingprograms aimed toward qualifying more minorities and females for membership in theunion, and increasing the skills of minority and female employees so that they may

qualify for higher paying employment.

1114.3 Approval of training programs by the Contracting Agency shall be predicated, amongother things, upon the quality of training, numbers of trainees and trades, crafts or skillsinvolved, and whether the training is responsive to the policies of the District of Columbia and the needs of the minority and female community. Minority and femaleapplicants for apprenticeship or training should be selected in sufficient numbers as toensure an acceptable level of participation sufficient to overcome the effects of pastdiscrimination.

1115 COMPLIANCE REVIEW

1115.1 The Director and the Contracting Agency shall review the Contractor’s employmentpractices during the performance of the Contract. Routine or special reviews of Contractors shall be conducted by the Contracting Agency or the Director in order toascertain the extent to which the policy of Mayor’s Order No. 85-85, and therequirements in this chapter are being implemented and to furnish information that maybe useful to the Director and the Contracting Agency in carrying out their functions underthis chapter.




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1115.2 A routine compliance review shall consist of a general review of the practices of theContractor to ascertain compliance with the requirements of this chapter, and shall beconsidered a normal part of contract administration.

1115.3 A special compliance review shall consist of a comprehensive review of the employment

practices of the Contractor with respect to the requirements of this chapter, and shall beconducted when warranted.

1116 ENFORCEMENT

1116.1 If the Contractor does not comply with the equal opportunity clauses in a particularcontract, including subsections 1103.2 through 1103.10 of this chapter, that contract maybe cancelled in whole or in part, and the Contractor may be declared by the Director orthe Contracting Officer to be ineligible for further District of Columbia GovernmentContracts subject to applicable laws and regulations governing debarment.

1116.2 If the Contractor meets its goals or if the Contractor can demonstrate that it has madeevery good faith effort to meet those goals, the Contractor will be presumed to be incompliance with this chapter, and no formal sanction shall be instituted unless theDirector otherwise determines that the Contractor is not providing equal employmentopportunity.

1116.3 When the Director proceeds with a formal hearing she or he has the burden of provingthat the Contractor has not met the requirements of this chapter, but the Contractor’sfailure to meet its goals shall shift to it the requirement to come forward with evidence toshow that it has met the good faith requirements of this chapter.

1117 COMPLAINTS

1117.1 The Director may initiate investigations of individual instances and patterns of discriminatory conduct, initiate complaints thereupon and keep the Contracting Agencyinformed of those actions.

1117.2 If the investigation indicates the existence of an apparent violation of the non-discrimination provisions of the contract required under section 1103 of this chapter thematter may be resolved by the methods of conference, conciliation, mediation, orpersuasion.

1117.3 If an apparent violation of the non-discrimination provisions of the contract requiredunder section 1103 of this chapter is not resolved by methods of conference, conciliation,mediation, or persuasion, the Director of the Contracting Officer may issue a noticerequiring the Contractor in question to show cause, within thirty (30) days, whyenforcement proceedings or other appropriate action should not be initiated.

1117.4 Any employee of any District of Columbia Government Contractor or applicant foremployment who believes himself or herself to be aggrieved may, in person or by anauthorized representative, file in writing, a complaint of alleged discrimination with theDirector.




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1118 HEARINGS

1118.1 In the event that a dispute arises between a bidder, offeror or prospective Contractor andthe Director or the Contracting Officer as to whether the proposed program of affirmative

action for providing equal employment opportunity submitting by such bidder, offeror orprospective Contractor complies with the requirements of this chapter and cannot beresolved by the methods of conference, conciliation, mediation, or persuasion, the bidder,offeror or prospective Contractor in question shall be afforded the opportunity for ahearing before the Director.

1118.2 If a case in which an investigation by the Director or the Contracting Agency has shownthe existence of an apparent violation of the non-discrimination provisions of the contractrequired under section 1103 is not resolved by the methods specified in subsection1117.2, the Director may issue a notice requiring the Contractor in question to showcause, within thirty (30) days, why enforcement proceedings or other appropriate action

should not be initiated. The Contractor in question shall also be afforded the opportunityfor a hearing before the Director.

1118.3 The Director may hold a hearing on any compliant or violation under this chapter, andmake determinations based on the facts brought before the hearing.

1118.4 Whenever the Director holds a hearing it is to be held pursuant to the Human Rights Actof 1977, a notice of thirty (30) working days for the hearing shall be given by registeredmail, return receipt requested, to the Contractor in question. The notice shall include thefollowing:

(a) A convenient time and place of hearing;

(b) A statement of the provisions in this chapter or any other laws or regulationspursuant to which the hearing is to be held; and

(c) A concise statement of the matters to be brought before the hearing.

1118.5 All hearings shall be open to the public and shall be conducted in accordance with rules,regulations, and procedures promulgated pursuant to the Human Rights Act of 1977.

1119 SANCTIONS

1119.1 The Director, upon finding that a Contractor has failed to comply with the non-discrimination provisions of the contract required under section 1103, or has failed tomake a good faith effort to achieve the utilization standards under an approvedAffirmative Action Program, may impose sanctions contained in this section in additionto any sanction or remedies as may be imposed or invoked under the Human Rights Actof 1977.

1119.2 Sanctions imposed by the Director may include the following:




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1199 DEFINITIONS

1199.1 The following words and phrases set forth in this section, when used in this chapter, shallhave the following meanings ascribed:

Contract – any binding legal relationship between the District of Columbia and aContractor for supplies or services, including but not limited to any District of ColumbiaGovernment or District of Columbia Government assisted construction or project, leaseagreements, Industrial Revenue Bond financing, and Urban Development Action grant,or for the lease of District of Columbia property in which the parties, respectively, do notstand in the relationship of employer and employee.

Contracting Agency – any department, agency, or establishment of the District of Columbia which is authorized to enter into contracts.

Contracting Officer – any official of a contracting agency who is vested with the

authority to execute contracts on behalf of said agency.

Contractor – any prime Contractor holding a contract with the District of ColumbiaGovernment. The term shall also refer to subcontractor when the context so indicates.

Director – the Director of the Office of Human Rights, or his or her designee.

Dispute – any protest received from a bidder or prospective Contractor relating to theeffectiveness of his or her proposed program of affirmative action for providing equalopportunity.

Minority – Black Americans, Native Americans, Asian Americans, Pacific IslanderAmericans, and Hispanic Americans. In accordance with D.C. Code,Section 1-1142(1) (Supp. 1985).

Subcontract – any agreement made or executed by a prime Contractor or a subcontractorwhere a material part of the supplies or services, including construction, covered by anagreement is being obtained for us in the performance of a contract subject to Mayor’sOrder No. 85-85, and any rules, regulations, and procedures issued pursuant thereto.

Subcontractor – any Contractor holding a contract with a District prime Contractorcalling for supplies or services, including construction, required for the performance of a

contract subject to Mayor’s Order No. 85-85, and any rules, regulations, and procedurespromulgated pursuant thereto.




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K-5

TAX CERTIFICATION AFFIDAVIT




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OFFICE OF THE CHIEF FINANCIAL OFFICER

OFFICE OF TAX AND REVENUE

TAX CERTIFICATION AFFIDAVITTHIS AFFIDAVIT IS TO BE COMPLETED ONLY BY THOSE WHO ARE REGISTERED TOCONDUCT BUSINESS IN THE DISTRICT OF COLUMBIA.

Date: _____________________________

Name of Organization/Entity: __ ____________________________________________

Address: ______

Business Telephone No.: ____

Principal Officer:

Name: ____________________________________________ Title:_________________________________________________

Soc. Sec. No.:________________________________________

Federal Identification No.: _____ ______________________________________________________________

Contract No.: _______________________________________________________________________________________________

Unemployment Insurance Account No.: __________________________________________________________________________

I hereby certify that:1. I have complied with the applicable tax filing and licensing requirements of the District of Columbia.2. The following information is true and correct concerning tax compliance for the following taxes for the past five (5) years:

Current Not Current Not ApplicableDistrict: Sales and Use ( ) ( ) ( )

Employment Withholding ( ) ( ) ( )Ball Park Fee ( ) ( ) ( )Corporation Franchise ( ) ( ) ( )Unincorporated Franchise ( ) ( ) ( )Personal Property ( ) ( ) ( )Real Property ( ) ( ) ( )Individual Income ( ) ( ) ( )

The Office of Tax and Revenue is hereby authorized to verify the above information with the appropriate government authorities. The penalty for making falsestatements is a fine not to exceed $5,000.00, imprisonment for not more than 180 days, or both, as prescribed by D.C. Official Code § 47-4106.

This affidavit must be notarized and becomes void if not submitted within 90 days of the date notarized.

_______________________________________________ ____________________________________Signature of Authorizing Agent Title

_______________________________________________Print Name

Notary: DISTRICT OF COLUMBIA, ss:

Subscribed and sworn before me this ___________ day of _________________Month and Year

Notary Public: _______________________________________________________________________________________________

My Commission Expires:_________________________________________________________________________




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K-6

BID BOND

NOTE:

As required under D.C. Official Code 2-305.02(b) and Article 12 of StandardContract Provisions for use with the District’s Construction Contracts, eachbidder must submit a Bid guarantee in the amount of 5% of the total bid price

with his/her bid.




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BID BOND(See Instructions on 2nd page)

Date Bond Executed:(Must Not be Later Than Bid Opening Date)

PRINCIPAL (Legal Name and Address) TYPE OF ORGANIZATION ("X")

[ ] INDIVIDUAL [ ] PARTNERSHIP[ ] JOINT VENTURE [ ] CORPORATION

STATE OF INCORPORATION

PENAL SUM OF BOND

SURETY(IES) (Name(s) and Address(es)) AMOUNT NOT TO EXCEED 5% OF B

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID OPENING DATE INVITATION NO.

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto are firmly bound to the District of Columbia Government, amunicipal corporation, hereinafter called "the District", in the above penal sum for the payment of which we bind ourselves, our heirs, executors, andsuccessors, jointly and severally; Provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum"jointly" and "severally" only for the purpose of allowing a joint action against any or all of us, and for all other purposes each Surety bonds itself, jointand severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated,the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the bid identified above. NOW THEREFORE, if thePrincipal shall not withdraw said bid within the period specified therein after the receipt of the same, or, no period be specified, within ninety (90) calenddays after said receipt, and shall within the period specified therefore, or, if no period be specified, within ten (10) calendar days after being called upon tdo so, furnish Performance & Payment Bonds with good and sufficient surety, as may be required, for the faithful performance and proper fulfillment ofthe Contract, and for the protection of all persons supplying labor and material in the prosecution of the work provided for in such Contract or, in theevent of withdrawal of said bid, within the period specified, or the failure to furnish such bond within the time specified, if the Principal shall pay theDistrict the difference between the amount specified in said bid and the amount for which the District may procure the required work and/or supplies, ifthe latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and virtue. EachSurety executing this bond hereby agrees that its obligation shall not be impaired by extension(s) of time for acceptance of the bid that the Principal maygrant to the District, notice of which extension(s) to Surety (ies) being hereby waived: Provided that such waiver of notice shall apply only with respect to

extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

IN WITNESS WHEREOF, the Principal and Surety (ies) have executed this bid bond and have affixed their seals on the date set forth above.

PRINCIPAL

1. SIGNATURE

Seal

1. ATTEST CorporateSeal

Name & Title (typed) Name & Title (typed)

2. SIGNATURE

Seal

2. ATTEST Corporate

Seal

Name & Title (typed) Name & Title (typed)




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K-7

CERTIFICATION AS TO CORPORATION




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CERTIFICATE AS TO CORPORATION

I, ____________________________________________, certify that I am____________________________________________,Secretary of the Corporation, named as Principal herein, that _________________________________, who signed this bond, onbehalf of the Principal, was then of said Corporation; that I know his signature, and his signature thereto is genuine; that said bowas duly signed and sealed for and in behalf of said Corporation by authority of its governing body, and is within the scope of itscorporate powers.

_______________________________Secretary of Corporation

SURETY(IES)

1. Name & Address (typed) State of Inc. LiabilityLimit

CorpSe

Signature of Attorney-in-Fact Attest (Signature)

Name & Address (typed) Name & Address (typed)

1. Name & Address (typed) State of Inc. LiabilityLimit

CorSe

Signature of Attorney-in-Fact Attest (Signature)

Name & Address (typed) Name & Address (typed)

INSTRUCTIONS

1. This form shall be used whenever a bid guaranty is required in connection with construction, alteration and repair work.2. Corporations name should appear exactly as it does on Corporate Seal and inserted in the space designated “Principal” on th

face of this form. If practicable, bond should be signed by the President or Vice President; if signed by other official, evidencauthority must be furnished. Such evidence should be in the form of an Extract or Minutes of a Meeting of the Board of Direor Extract of Bylaws, certified by the Corporate Secretary, or Assistant Secretary and Corporate Seal affixed thereto.CERTIFICATE AS TO CORPORATION must be executed by Corporate Secretary or Assistant Secretary.

3. Corporations executing the bond as sureties must be among those appearing on the U. S. Treasury Department’s List of apprsureties and must be acting within the limitations set forth therein, and shall be licensed by the Insurance Administration,

Department of Consumer and Regulatory Affairs, to do business in the District of Columbia. The surety shall attach hereto aadequate Power-Of-Attorney for each representative signing the bond.

4. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle initial and laname opposite the word “seal”, two witnesses must be supplied, and their addresses, under the word “attest”. If executed inMaine or New Hampshire, an adhesive seal shall be affixed.

5. Names of all partners must be set out in body of bond form, with the recital that they are partners composing a firm, namingand all members of the firm shall execute the bond as individuals. Each signature must be witnessed by two persons and addsupplied.




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K-8

CERTIFICATE OF INDEPENDENT PRICEDETERMINATION




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CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

A. Each signature of the Bidder is considered to be a certification by the signatory that:

(a) The prices in this Bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any Bidder orcompetitor relating to:

(i) those prices(ii) the intention to submit a Bid, or(iii) the methods or factors used to calculate the prices in the Bid;

(b) The prices in this Contract have not been and will not be knowingly disclosed by theBidder, directly, to any other Bidder or competitor before Contract opening unlessotherwise required by law; and

(c ) No attempt has been made or will be made by the Bidder to induce any other concern tosubmit or not to submit a Bid for the purpose of restricting competition.

B. Each signature on the bid is considered to be a certification by the signatory that the signatory;

(a) Is the person in the Bidder’s organization responsible for determining the prices beingoffered in this Bid, and that the signatory has not participated and will not participate in anyaction contrary to subparagraphs A(a) through A(c) above; or

(b) (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 actioncontrary to subparagraphs A(a) through A(c) above:

______________________________________________________________

(insert full name of person(s) in the organization responsible for determining the pricesoffered in this Contract and the title of his or her position in the Bidder’s organization);

(ii) As an authorized agent, does certify that the principals named in subsection B(2)(i)above have not participated, and will not participate, in any action contrary tosubparagraphs A(a) through A(c) above; and

(iii) As an agent, has not participated, and will not participate, in any action contrary tosubparagraphs A(a) through A(c) above.

C. If the Bidder deletes or modifies subparagraph A (b) above, the Bidder must furnish with itsoffer a signed statement setting forth in detail the circumstances of the disclosure.




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K-9

EMPLOYMENT AGREEMENT




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EMPLOYMENT AGREEMENT

For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the followingbasic goal and objectives for utilization of bona fide residents of the District of Columbia in each project’s

labor force:

at least fifty-one (51) percent of apprentices and trainees employed shall be residents of the Districtof Columbia registered in programs approved by the District of Columbia Apprenticeship Council.

The Contractor shall negotiate an Employment Agreement with the DOES for jobs created as a result of thiscontract. The DOES shall be the Contractor’s first source of referral for qualified apprentices and traineesin the implementation of employment goals contained in this clause.

Date Authorized Signature




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BUY AMERICAN CERTIFICATION

The Bidder hereby certifies that each end product, except the end products listed below, is a domestic endproduct, and that components of unknown origin are considered to have been mined, produced, ormanufactured outside the United States.

______________________________________________________EXCLUDED END PRODUCTS

______________________________________________________COUNTRY OF ORIGIN




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K-11

CERTIFICATION AS TO TYPE OFBUSINESS ORGANIZATION




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TYPE OF BUSINESS ORGANIZATION

The Bidder, by checking the applicable box, represents that

(1) It operates as:

a corporation incorporated under the laws of the State of ____________________an individual,a partnership,a nonprofit organization, ora joint venture; or

(2) If the Bidder is a foreign entity, it operates as:

an individual,a joint venture, or

a corporation registered for business in ______________________(Country)




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PART V

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 SITE VISIT & PRE-PROPOSAL CONFERENCE:

Prospective offerors are strongly advised to visit the site of the proposed work to inspect andfamiliarize themselves with the extent of the work. Failure to thoroughly investigate said jobconditions will not be accepted as a proper basis for considering an alleged error in proposal or forpayment of extras under, or revision to, the contract or in any other way as grounds for asserting aclaim against the District. Site visit will be Wednesday, March 3, 2010(10:00 am) located at 3160 16th Street NW, Washington, DC.

PRE-P ROPOSAL CONFERENCE:

A pre-proposal conference to discuss the contents of this solicitation and other pertinent

matters will be held following the site visit, on Wednesday, March 3, 2010 at 3160 16th

Street NW, Washington, DC.

Prospective bidders will be given an opportunity to ask questions regarding this solicitation at theconference. The purpose of the conference is to provide a structured and formal opportunity forthe District to accept questions from bidders on the solicitation document as well as to clarify thecontents of the solicitation. Attending bidders must complete the Pre-Proposal ConferenceAttendance Roster at the conference so that bidder attendance can be properly recorded.The Bidder is strongly encouraged to attend the pre-proposal meeting, where the Architect, theConstruction Manager and the Owner will answer questions regarding the Plans andSpecifications. If not given in the Notice to Bidders, notice of the time and place of any pre-

proposal meeting to be held will be given by DCPL to each person of record holding Plans andSpecifications.Impromptu questions will be permitted and spontaneous answers will be provided at theDistrict’s discretion. Verbal answers given at the pre-proposal conference are only intended forgeneral discussion and do not represent the Department’s final position. All oral questions mustbe submitted in writing following the close of the pre-bid conference but no later than fiveworking days after the pre-bid conference in order to generate an official answer. Officialanswers will be provided in writing to all prospective bidders who are listed on the officialbidder’s list as having received a copy of the solicitation.

DCPL, in conjunction with the Construction Manager, shall prepare minutes of the pre-proposal

meeting, which will be provided to a Bidder upon request.

Failure of the Bidder to attend the pre-proposal meeting, resulting in the Bidder not being fullyacquainted with the requirements of the Project, will not be considered as a basis for additionalcompensation.




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L.1.2. CONTRACT AWARD

L.1.3 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 mosadvantageous to the District, cost or price, technical and other factors, specified elsewhere inthis solicitation considered.

L.1.4 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 costor price, technical and other factors.

L.2 PROPOSAL FORM, ORGANIZATION AND CONTENT

This section outlines specific information necessary for the proper organization and manner in whichOfferors’ Proposals should be proffered. References are made to other sections in this RFP forfurther explanation.

L.2.1 Submission Identification

Submissions shall be proffered in an original and three (3) copies. The Offeror’s submissionshall be placed in a sealed envelope conspicuously marked: “Proposal for, BP-01 thru BP-

16, for the Mt. Pleasant Library.”

L.2.2 Delivery or Mailing of Submissions

Submissions should be delivered or mailed to:

Wayne R. Minor, Chief Procurement OfficerDistrict of Columbia Public Library901 G Street NWWashington, DC 20001

L.2.3 Date and Time for Receiving Submissions

Submissions shall be received no later than 2:00 PM, on Friday, March 19, 2010. TheOfferor assumes the sole responsibility for timely delivery of its Submission, regardless ofthe method of delivery.

L.2.4 Submission Size, Organization and Offeror Qualifications

All submissions shall be submitted on 8-1/2” x 11” bond paper and typewritten. Telephonictelegraphic, and facsimile submissions shall not be accepted. DCPL is interested in a




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qualitative approach to presentation material. Brief, clear and concise material is moredesirable than quantity. The submission shall be organized as follows and shall not exceed15 pages (double sided); the 15-pages shall only cover items address in Section L and M,other required documentation (e.g. Section K) will not count against the 15-pages.

L.2.4.1 Executive Summary

Each Offer should provide a summary of no more than three pages of the informationcontained in the following sections.

L.2.4.2 General Team Information and Firm(s) Data

A. Each Offeror should provide the following information for the firm and eachof its subcontractors.

Name(s), address(es), and role(s) of each firm (including all subcontractors)

Firm profile(s), including:

Age

Firm history(ies)

Firm size(s)

Areas of specialty/concentration

Current firm workload(s) projected over the next two years

B. Description of the team organization and personal qualifications of key staffincluding:

i. Identification of the single point of contact for the Contractor.

ii. Organizational chart illustrating reporting lines and names and titlesfor key participants proposed by the team.

iii. Resumes for each key participant on the team, including definition of

that person’s role, relevant project experience, and current workloadover the next two years.

L.2.4.3 Relevant Experience and Capabilities

A. List all projects that the team members have worked on in the last 3 years thaare similar to this project. For purposes of this paragraph, similar shall meanlibrary or civic association/municipal building construction projects where thespecific trade contract value exceeded $1 million. For purposes of thisrequirement, “construction services” means a project where the Offeror or a




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team member served as a trade contractor. For purposes of this requirement“construction services” does not include projects where the Offeror or teammember acted as owner’s representative, program manager or constructionadvisor. This information may be provided in an overview matrix format orbrief list; however, it should include the (i) name and location of the facility,

(ii) the name of the owner, the time frame of the project, (iii) the originalbudget for the project, and (iv) whether the project was delivered on-time andon-budget. If a project was not delivered on-time or on budget, a briefdescription of the reasons should be provided.

B. Detailed descriptions of no more than five (5) projects that best illustrate theteam’s experience and capabilities relevant to this project. On each projectdescription, please provide all of the following information in consistentorder:

i. Project name and location

ii. Name, address, contact person and telephone number for owner/general contractor reference

iii. Brief project description including project cost, square footage, firm’sscope of work, and key firm strengths exhibited

iv. Identification of personnel involved in the selected project who areproposed to work on this project

v. Project process and schedule data including construction delivery

method, and construction completion date (any unusual events oroccurrences that affected the schedule should be explained)

vi Construction cost data including initial contract amount, and finaconstruction cost (if final contract amount exceeds original, pleaseexplain why).

L.2.4.4 Local Business Utilization Plan

Each Offeror must submit a proposed Local Business Utilization Plan that identifies thespecific 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 projectsand the Offeror’s success in meeting such goals; and (ii) a chart, in summary form, thatidentifies the Offeror’s major public projects over the last five years and its success inachieving such goals (creativity should be displayed regarding joint-venture andsubcontractor agreements). Offeror should complete and submit Sub Contracting Plan Attachment J.10.

L.2.4.5 Tax Affidavit




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Each Offeror must submit a tax affidavit substantially in the form of Attachment K.5. Inorder to be eligible for this procurement, Offerors must be in full compliance with their taxobligations to the District of Columbia government.

L.3 PROPOSAL SUBMISSION DATE AND TIME, AND LATE SUBMISSIONS, LATE

MODIFICATIONS, AND LATE WITHDRAWALS

L.3.1 Proposal Submission

Proposals must be submitted no later than 2:00 PM on Friday, March 19, 2010. Proposalsmodifications to proposals, or requests for withdrawals that are received in the designatedDistrict office after the exact local time specified above, are "late" and shall be considered onlyif they are received before the award is made and one (1) or more of the followingcircumstances apply:

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;

The proposal or modification was sent by mail and it is determined by the ContractingOfficer that the late receipt at the location specified in the solicitation was caused soley bymishandling by the District.

The offer is the only offer received.

L.3.2 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 PostalService postmark on the wrapper or on the original receipt from the U.S. or Canadian PostalService. If neither postmark shows a legible date, the proposal, modification or request forwithdrawal shall be deemed to have been mailed late. When the postmark shows the date bunot the hour, the time is presumed to be the last minute of the date shown. If no date isshown on the postmark, the proposal shall be considered late unless the Offeror can furnishevidence from the postal authorities of timely mailing.

L.3.3 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.3.4 Late Proposals

A late proposal, late modification or late request for withdrawal of an offer that is notconsidered shall be held unopened, unless opened for identification, until after award andthen retained with unsuccessful offers resulting from this solicitation.

L.4 EXPLANATION TO PROSPECTIVE OFFERORS




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If a prospective Offeror has any questions relative to this solicitation, the prospective offeror shallsubmit the question in writing to the Contact Person, identified on page one, in writing. Theprospective Offeror shall submit questions no later than 5:00pm on March 10, 2010. The Districwill not consider any questions received after this date. The District will furnish responsespromptly to all other prospective Offerors. An amendment to the solicitation will be issued if tha

information is necessary in submitting offers, or if the lack of it would be prejudicial to any otherprospective Offerors. Oral explanations or instructions given before the award of the contract wilnot be binding.

L.5 FAILURE TO SUBMIT OFFERS

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 letteror postcard whether they want to receive future solicitations for similar requirements. It is alsorequested that such recipients advise the DCPL Chief Procurement Officer, of the reason for notsubmitting 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, therecipient's name may be removed from the applicable mailing list.

L.6 PROPOSAL PROTESTS

Any actual or prospective bidder, Offeror, or contractor who is aggrieved in connection with thesolicitation or award of a contract, must file with the D.C. Contract Appeals Board (Board) aprotest no later than 10 business days after the basis of protest is known or should have beenknown, whichever is earlier. A protest based on alleged improprieties in a solicitation which areapparent prior to the time set for receipt of initial proposals shall be filed with the Board prior tooffer 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 aresubsequently incorporated into this solicitation, must be protested no later than the next closingtime for receipt of proposals following the incorporation. The protest shall be filed in writing, withthe Contract Appeals Board, 717 14th Street, N.W., Suite 430, Washington, D.C. 20004. Theaggrieved person shall also mail a copy of the protest to the Contracting officer for the solicitation.

L.7 UNNECESSARILY ELABORATE PROPOSALS

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present acomplete and effective response to this solicitation are not desired and may be construed as anindication 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.8 RETENTION OF PROPOSALS

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 propertyof DCPL and DCPL shall the right to distribute or use such information as it determines.

L.9 PROPOSAL COSTS




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L.13.3 If the Offeror is a partnership or joint venture, names of general partners or jointventures, and copies of any joint venture or teaming agreements.

L.13.4 The District reserves the right to request additional information regarding the Offeror'sorganizational status.

L.14 STANDARDS OF RESPONSIBILITY

The prospective Contractor must demonstrate to the satisfaction of the District the capability in allrespects to perform fully the contract requirements, therefore, the prospective Contractor mustsubmit the documentation listed below, within five (5) days of the request by the District.

L.14.1 Furnish evidence of adequate financial resources, credit or the ability to obtain suchresources as required during the performance of the contract.

L.14.2 Furnish evidence of the ability to comply with the required or proposed delivery or

performance schedule, taking into consideration all existing commercial andgovernmental business commitments.

L.14.3 Furnish evidence of the necessary organization, experience, accounting andoperational control, technical skills or the ability to obtain them.

L.14.4 Furnish evidence of compliance with the applicable District licensing, tax laws andregulations.

L.14.5 Furnish evidence of a satisfactory performance record, record of integrity andbusiness ethics.

L.14.6 Furnish evidence of the necessary production, construction and technical equipmentand facilities or the ability to obtain them.

L.14.7 If the prospective Contractor fails to supply the information requested, theContracting Officer shall make the determination of responsibility or non-responsibility based upon available information. If the available information isinsufficient to make a determination of responsibility, the Contracting Officer shalldetermine the prospective Contractor to be non-responsible.




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Offerors will be required to submit lump sum bids for the work of the bid package(s). This elemenof the evaluation is worth up to thirty (30) points.

The low proposal should be awarded 30 points. Other proposals should be scored based on aproportionate system where scored as follows:

(Lowest Price Proposal) x weight = Evaluated Price ScorePrice of Proposal being evaluated

M.3.3 SLDBE Compliance/Utilization (25 points)

DCPL desires the selected Contractor to provide the maximum level of participation for LocalSmall and Disadvantaged Business Enterprises as well as employment opportunities for District ofColumbia residents. Offerors will be evaluated in light of their demonstrated experience in meetingsuch goals and their proposed SLDBE Utilization Plan. This factor of the evaluation will be worthup to twenty five (25) points.

M.3.4 Key Personnel (10 points)

DCPL desires that personnel be assigned to these projects that have experience in completing LEED-rated construction projects on-time and on-budget. The availability and experience of the keyindividuals assigned to this project will be evaluated as part of this element. This element of theevaluation will be worth up to ten (10) points.

M.4 PREFERENCE

M.4.1. Preference for Small, Local, and Disadvantaged Business Enterprises

General: Under the provisions of the Small, Local, and Disadvantaged Business EnterpriseDevelopment 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 ofSmall and Local Business Development as being a small business enterprise, having residentbusiness ownership, having a longtime resident business, being a local business enterprisebeing a disadvantaged business enterprise, or being a local business enterprise with itsprincipal office located in an enterprise zone. (A copy of the certification acknowledgmentletter must be submitted with the Offeror’s Proposal.) In accordance with these laws, thefollowing 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 smallbusiness enterprise.

Three (3) preference points shall be awarded if the Offeror is certified as having a residentbusiness ownership.

Ten (10) points shall be awarded if the Offeror is certified as having a longtime residentbusiness.

Two (2) preference points shall be awarded if the Offeror is certified as a local businessenterprise.




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Two (2) preference points shall be awarded if the Offeror is certified as being a localbusiness enterprise with its principal office located in an enterprise zone.

Two (2) preference points shall be awarded if the Offeror is certified as a disadvantagedbusiness enterprise.

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

Information: For information regarding the application process, contact the Department ofSmall and Local Business Development at the following address or telephone number:

Department of Small and Local Business DevelopmentOne Judiciary Square Building441 4th Street, NW, 9th FloorWashington, DC 20001(202) 727-3900 (Telephone Number)

(202) 724-3786 (Facsimile Number)

M.4.2 SLDBE Participation

DCPL requires that significant participation by business enterprises certified by theDepartment 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 ownedresident business; (v) being a longtime business resident; or (vi) having a local businessenterprise with its principal office located in an enterprise zone. Accordingly, and in addition

to the preference points conferred by Section M, Offerors will be required to submit a LocaBusiness Enterprise Utilization Plan with their proposals. The Utilization Plan mustdemonstrate how this requirement will be met and, to the extent possible at this stage in theproject, should identify the specific firms that will be used and their respective roles. DCPLencourages Offerors to include meaningful SLDBE participation.

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 PrincipalOffices Located in an Enterprise Zone

Under the provisions of the “Small, Local, and Disadvantaged Business Enterprise Developmentand Assistance Act of 2005” (the Act), Title II, Subtitle N, of the “Fiscal Year 2006 BudgetSupport Act of 2005”, D.C. Law 16-33, effective October 20, 2005, the District shall applypreferences 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.




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M.5.1 General Preferences

For evaluation purposes, the allowable preferences under the Act for this procurement areas follows:

M.5.1.1 Three percent reduction in the offer price or the addition of three points on a 100-pointscale for a small business enterprise (SBE) certified by the Small and Local BusinessOpportunity Commission (SLBOC) or the Department of Small and Local BusinessDevelopment (DSLBD), as applicable;

M.5.1.2 Three percent reduction in the offer price or the addition of three points on a 100-pointscale for a resident-owned business enterprise (ROB) certified by the SLBOC or theDSLBD, as applicable;

M.5.1.3 Ten percent reduction in the offer price or the addition of ten points on a 100-point scale fora longtime resident business (LRB) certified by the SLBOC or the DSLBD, as applicable;

M.5.1.4 Two percent reduction in the offer price or the addition of two points on a 100-point scalefor a local business enterprise (LBE) certified by the SLBOC or the DSLBD, as applicable;

M.5.1.5 Two percent reduction in the offer price or the addition of two points on a 100-point scalefor 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

M.5.1.6 Two percent reduction in the offer price or the addition of two points on a 100-point scalefor a disadvantaged business enterprise (DBE) certified by the SLBOC or the DSLBD, asapplicable.

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 theSBE 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 aRequest for Proposals (RFP).

M.5.2.2 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 threepoints on a 100-point scale added to the overall score for proposals submitted by the ROBin response to an RFP.

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




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LRB in response to an IFB or the addition of ten points on a 100-point scale added to theoverall score for proposals submitted by the LRB in response to an RFP.

M.5.2.4 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 theoverall score for proposals submitted by the LBE in response to an RFP.

M.5.2.5 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 theDZE in response to an IFB or the addition of two points on a 100-point scale added to theoverall score for proposals submitted by the DZE in response to an RFP.

M.5.2.6 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 theDBE 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.5.3 Maximum Preference Awarded

Notwithstanding the availability of the preceding preferences, the maximum totalpreference to which a certified business enterprise is entitled under the Act for thisprocurement is twelve percent (12%) for bids submitted in response to an IFB or theequivalent of twelve (12) points on a 100-point scale for proposals submitted in response toan RFP. There will be no preference awarded for subcontracting by the prime contractorwith 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 jointventure will receive preferences as a prime contractor for categories in which the jointventure and the certified joint venture partner are certified, subject to the maximumpreference limitation set forth in the preceding paragraph.

M.5.5 Vendor Submission for Preferences

M.5.5.1 Any vendor seeking to receive preferences on this solicitation must submit at the time of, andas part of its offeror proposal, the following documentation, as applicable to the preference

being sought:

M.5.5.1.1 Evidence of the vendor’s or joint venture’s certification by the SLBOC as an SBELBE, DBE, DZE, LRB, or RBO, to include a copy of all relevant letters ofcertification from the SLBOC; or

M.5.5.1.2 Evidence of the vendor’s or joint ventures provisional certification by the DSLBD asan SBE, LBE, DBE, DZE, LRB, or RBO, to include a copy of the provisionalcertification from the DSLBD.




M.5.10.8 List the type of records the prime contractor will maintain to demonstrate procedures adoptedto comply with the requirements set forth in the subcontracting plan, and include assurancesthat the prime contractor will make such records available for review upon the District’srequest; and