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Solicitation No.

DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

1. Solicitation No.: 2.Type: 3. Date Issued: Page 1


[ } Sealed Bid (IFB)
SOLICITATION, OFFER AND DCPL-2010-R-0005 February16, 2010 1 of 249
AWARD [X ] Negotiated (RFP)

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: 8. Address Offer To:


Office of Procurement DCPL Office of Procurement
District of Columbia Public Library Attn: Ameer M. Abdullah, Sr.
901 G Street, N.W. Suite 434 901 G Street NW Suite 434
Washington, DC 20001 Washington, DC 20001

9. Information A. Name: B. Telephone (No collect calls) C. E-mail Address


Contact:
(Area Code) (Number) (Ext)
Ameer M. Abdullah, Sr. Ameerm.abdullah@dc.gov
202 727-1206
IMPORTANT - The "offer" section of this form, must be fully completed by offeror.
SOLICITATION
NOTE: 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 hand
carried, to the front desk located at address shown in item 8 until ( 2:00 PM) local time on Friday, March 19, 2010.

(Hour) (Date)

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

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 statements
Of 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 Specifications
for 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 to
Proceed and complete all the work within 465 calendar days. This performance period is [ X] Mandatory [ ] Negotiable.

13. The Contractor must furnish the required performance and payment bonds.
[ X ] yes, within ten (10) calendar days after receiving the Notice of Intent to Award [ ] no

14. Additional Solicitation Considerations


A. All bids are subject to the work requirements, provisions and clauses incorporated in this solicitation in full text or by reference
B. 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
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

OFFER ( Must be fully completed by offeror)


15. 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

19. 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 terms
of this solicitation, if this offer is accepted by the District in writing within 90 calendar days after the date offers are due.

20. The offeror agrees to furnish any required performance and payment bonds.
21. ACKNOWLEDGEMENT OF AMENDMENTS
The offeror acknowledges receipt of amendments to the solicitation (number and date each)
Amendment
Number
Date

22. Name and Title of person authorized to sign offer 22A. Signature 22B. Offer
(Type or Print)

AWARD (To be completed by the District)


23. Amount 24. Accounting and Appropriation data

25. PAYMENT WILL BE MADE BY: 26. Submit invoices as instructed in Section G of this solicitation (Contract
Administration Data)
See Section G, paragraph G.2

CONTRACTING OFFICER WILL COMPLETE ITEM 27 OR 28 AS APPLICABLE


27. [ ] NEGOTIATED AGREEMENT (The Contractor is required to sign 28. [ ] AWARD (The Contractor is not required to sign this document). Your offer on
this document and return_2_ copies to the issuing office). The Contractor this solicitation is hereby accepted. This award consummates the contract which consists
agrees to furnish and deliver all items or perform all work requirements for the of (a) the solicitation and your offer, and (b) this contract award. No further contractual
consideration stated in this contract. The rights and obligations of the parties document is necessary.
of this contract shall be governed by ( a) this contract award, (b) the
solicitation, and (c) the clauses, representations, certifications and
specifications incorporated by reference in or attached to this contract.

29. Name and Title of Contractor or Person Authorized to Sign (Type or 30. Name of Contracting Officer (Type or Print)
Print)

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

STANDARD FORM A - Dated May 2001

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

PART I

SECTION B: SCHEDULE FOR CONSTRUCTION, ALTERATIONS, REPAIRS PRICE

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

Request for Proposal Packages will be posted on the DCPL website www.dclibrary.org under
the Business Opportunities link. Any bid packages/proposal packages subsequent to this
solicitation 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 this
Request for Proposals to furnish all parts, labor, material and equipment necessary to
complete the Scope of Work of the following named Bid Package (BP) tasks associated
with the comprehensive renovation and addition at the Mount Pleasant Library, in
accordance with all requirement of this solicitation and the Scope, Specifications and
Drawings:

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 AND
SITE 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 METAL
PACKAGE
(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 AND
PAINTINGPACKAGE
(50% CBE Subcontracting set-aside requirement)
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Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

BP 10: DOORS, FRAMES, HARDWARE AND MISCELLANEOUS SPECIALTIES


PACKAGE
(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, AND
SALVAGE/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
Requirement

The Mount Pleasant Library Project is designated for the Open Market with a 50% CBE
subcontracting set-aside requirement. Under the provisions of the “Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005” (the
Act), Title II, Subtitle N, of the “Fiscal Year 2006 Budget Support Act of 2005”, D,C,
Law 16-33, effective October 20, 2005, the District shall apply preferences in
evaluating bids or proposals from businesses that are small, local, disadvantaged,
resident-owned, longtime resident, or local with a principal office located in an
enterprise zone of the District of Columbia. 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 solicitation
shall submit with responses to this solicitation, a notarized statement detailing its
subcontracting plan, including the planned subcontracted work and CBE contract
participation amounts. Once the plan is approved by the contracting officer, changes
will only occur with the prior written approval of the contracting officer and the
Director of DSLBD.

B.3 The District of Columbia Public Library (DCPL) intends to make sixteen (16) different
awards 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 offer
is most advantageous to the Owner, based upon evaluation criteria specified herein under
Section M. The estimated price ranges for these two requirements are as follows:

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

BP 01 - between $255,000.00 and $345,000.00


BP 02 - between $305,000.00 and $420,000.00
BP 03 - between $455,000.00 and $615,000.00
BP 04 - between $285,000.00 and $385,000.00
BP 05 - between $305,000.00 and $410,000.00
BP 06 - between $545,000.00 and $740,000.00
BP 07 - between $115,000.00 and $145,000.00
BP 08 - between $530,000.00 and $715,000.00
BP 09 - between $585,000.00 and $795,000.00
BP 10 - between $55,000.00 and $80,000.00
BP 11 - between $165,000.00 and $225,000.00
BP 12 – between $535,000.00 and $720,000.00
BP 13 – between $535,000.00 and $725,000.00
BP 14 - between $125,000.00 and $170,000.00
BP 15 - between $1,160,000.00 and $1,570,000.00
BP 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 the
following Bid Packages (BP 01 through 16) as described below and complete the
price 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 Demolition


Package $_______________

BP 03 Sitework, Site Utilities, Landscaping and


Site Furnishings Package $________________

BP 04 Concrete Package $________________

BP 05 Stone and Masonry Package $________________

BP 06 Structural, Ornamental and Miscellaneous


Metals Package $________________

BP 07 Roofing and Waterproofing Package $________________

BP 08 Aluminum Curtainwall, Storefronts, Glass and


Glazing, Metal Panel and Skylight Package $________________

BP 09 Light Gauge Framing, Drywall, Ceilings


and Painting Package $________________
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Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

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 following
Bid 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 applicable
to Bid Packages 08 (BP 08) as described below:

REFERENCE DESCRIPTION LUMP SUM


PRICE

Det. 5/A7.04 Delete backpainted glass GL-05 at Elevator 109


Provide standard gwb shaftwall type 11B only $________________

Det. 5/A7.04 Substitute glass type GL-04 for GL-05 at glass


partition between Meeting Rm 106 & Hall 110 $________________

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

B.5 PRICE BREAK DOWN FORMS

The bidder must complete this breakdown of prices and submit it with its bid. In case of any
discrepancy 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 prices
are for the sole use of pre-determining activity costs during the solicitation and award phase; but
after the award, and for later use in computing monthly progress payments, prices are subject to
final approval by the COTR before the actual work starts.

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

BREAK DESCRIPTION – BP 01 – General Trades Site TOTAL


OUT ITEM Requirements PRICE BREAKDOWN
NO.
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 Sum Lump Sum Bid Price (copy from BP 01, Section-B.4, Part-I
Bid Price of RFP) ……….........................
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Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

BREAK DESCRIPTION- BP 02 – Hazmat Abatement and TOTAL


OUT ITEM Selective Demolition PRICE BREAKDOWN
NO.
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 Lump Sum Bid Price (copy from BP 02, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 03 – Sitework, Site Utilities, TOTAL


OUT ITEM Landscaping and Site Furnishings Package PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
02 Site Demolition
……………………….
03 Site Clearing and Earthwork incl Erosion and Sediment
Controls ……………………….
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 Sum Lump Sum Bid Price (copy from BP 03, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 04 – Concrete Package TOTAL


OUT ITEM PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
02 Site Retaining Wall Concrete

03 Retention System and Underpinning of Existing


Foundations
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 and
Underslab Insulation ……………………….
08 Misc Concrete Structural Systems
……………………….
09 Bracing of Existing Structural Systems

10 Testing & Inspection Services

11 Overhead & Profit


……………………….
Lump Sum Lump Sum Bid Price (copy from BP 04, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 05 – Stone and Masonry Package TOTAL


OUT ITEM PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
02 Masonry, Masonry Infill, Patch, Parge and/or Repair Work
……………………….
03 Dimension Stone Work
……………………….
04 Stone Tile Work

05 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 05, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 06 – Structural, Ornamental and TOTAL


OUT ITEM Miscellaneous Metals Package PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
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
……………………….
12 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 06, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 07 – Roofing and Waterproofing TOTAL


OUT ITEM Package PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
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

10 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 07, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 08 – Aluminum Curtainwall, TOTAL


OUT ITEM Storefront, Glass and Glazing, Metal Panel and Skylight PRICE BREAKDOWN
NO. Package
01 General Requirements
……………………….
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

08 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 08, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 09 – Light Gauge Framing, TOTAL


OUT ITEM Drywall, Ceilings and Painting Package PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
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

09 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 09, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 10 – Doors, Frames, Hardware and TOTAL


OUT ITEM Miscellaneous Specialties Package PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
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

09 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 10, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 11 – Flooring Package TOTAL


OUT ITEM PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
02 Recessed Floor Mats and Frames
……………………….
03 Ceramic Tile Floors and Walls
……………………….
04 Cork Tile
……………………….
05 Carpet and Resilient
……………………….
06 Wood Flooring
……………………….
07 Flash Patching

08 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 11, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION – BP 12 – Terracotta Package TOTAL


OUT ITEM PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
02 Exterior Terra Cotta Wall and Screen Systems
……………………….
03 Interior Terra Cotta Wall Cladding
……………………….
04 Window Surround Extrusions

05 Mineral Wool Insulation


……………………….
06 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 12, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION- BP 13 Millwork, Wood Windows, TOTAL


OUT ITEM Salvage/Repair/Refinish/Reinstall Package PRICE BREAKDOWN
NO.
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


……………………….
12 Overhead & Profit

Lump Sum Lump Sum Bid Price (copy from BP 13, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION- BP 15 – Mechanical Package TOTAL


OUT ITEM PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
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 Sum Lump Sum Bid Price (copy from BP 15, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

BREAK DESCRIPTION- BP 16 – Electrical Package TOTAL


OUT ITEM PRICE BREAKDOWN
NO.
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 Sum Lump Sum Bid Price (copy from BP 16, Section-B.4, Part-I
Bid Price of RFP) ……….........................

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

B.5.1 For all Bid Packages where specific line item breakdowns are not specified under B.5
PRICE 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:

BREAK DESCRIPTION TOTAL


OUT ITEM PRICE BREAKDOWN
NO.
01 General Requirements
……………………….
02 Bid Package Trade Scope per Bid Drawings and
Specifications ……………………….
03 Overhead and Profit
……………………….
Lump Sum Lump Sum Bid Price Lump Sum Bid Price (copy from BP
Bid Price 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 be


picked 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 Library
901 G Street, NW, Suite 434
Washington, DC 20001

Or:

Smoot Construction Company


5335 Wisconsin Ave., NW, Suite 940
Washington, DC 20015
202-243-6688

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

PART I

SECTION C – SCOPE/SPECIFICATIONS/DRAWINGS

C.1 SCOPE:

The contractor shall furnish all parts, labor, material and equipment necessary to
complete trade work associated with the complete renovation and addition at the Mount
Pleasant Library in accordance with the Specifications and Drawings provided herewith,
and the Government of the District of Columbia Standard Contract Provisions for Use
With 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 bidders
at the Bid Issuance Office listed in Page 1 of the solicitation. The Mount Pleasant
Library is located at 3160 16th Street, NW, Washington, D.C.

Sixteen bid packages are offered as part of this solicitation. Offerors may respond to
any 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 District
of Columbia Standard Contract Provisions for Use with Specifications for District
of Columbia Construction Projects dated January 2007 and provisions included in
the solicitation provisions herein, the information included in this solicitation shall
take 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 equipment
to fully execute the requirements of all new and modified construction as specifically
described 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, 2010
Available on CD. DCPL reserves the right to reject and disqualify bids which do not
reflect 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 with
no exceptions or exclusions.

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

C.2 DEFINITIONS:

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

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

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 proper
execution and completion of the Work by the Contractor. The Plans and Specifications
are 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 entire
completion of the Work described in the Plans and Specifications and reasonably implied
there from to produce the intended results.

C. The Standard Conditions may not be superseded or amended by drawings and


specifications 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 the
arrangement of Drawings shall not control the Contractor in dividing the Work among
Subcontractors 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, the
Contractor shall provide the better quality or greater quantity of Work, and shall comply
with 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 such
recognized meanings.

G. Interpretation

1. If the Contractor finds any perceived conflict, error, omission or discrepancy on


or between the Drawings and Specifications, or any of the Plans and
Specifications, the Contractor, before proceeding with the Work, shall submit a
written request to the Architect, through the Construction Manager, for an
interpretation or clarification. The Contractor shall be responsible for the prompt
delivery of such request to the Construction Manager.

2. The Architect, through the Construction Manager, shall respond in writing, within
three (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 any


person other than the Architect, or in any manner other than writing, shall not be
binding and the Contractor shall not rely upon any such interpretation or
clarification.

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

4. If any change to the Work is made to accommodate unforeseen circumstances, the


Construction Manager or the Architect shall initiate the appropriate action and
notify DCPL.

H. The contractor shall be responsible for all applicable trade permits associated with this
work. The contractor shall be responsible for obtaining, at no expense to DCPL, a Public
Space Permit. DCPL has submitted permit plans to the DC Department of Consumer and
Regulatory Affairs (DCRA); the general building permit will be provided to the selected
contractor.

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

J. DRAWINGS AND SPECIFICATIONS

1. As-Built Drawings

A. The Contractor shall keep an accurate record of all approved changes


made to the Drawings to show actual installation where installation varies
from 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 to
any pay request submission any approved changes on the Drawings, neatly
in colored pencil, noting new information not shown on the original
Drawings 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 the
corresponding sheet numbers on the Drawings. The Contractor shall note
related Change Order numbers where applicable.

D. The Contractor shall keep a record of any change made to the


Specifications, noting particularly any variation from manufacturer's
installation instructions and recommendations.

C.4 Existing Conditions

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

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

C.5 NOT USED

C.6 DRAWINGS AND SPECIFICATIONS:

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

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

BP-01 THROUGH 16 – ALL TRADES EXCLUDING FURNITURE, FIXTURES


AND EQUIPMENT

Mt. Pleasant Library

C – Cover
G0.01 – Project Info & Drawing Index
G0.02 – Egress Plans, Code Analysis
C.101 through C.503 – Civil, Site Utility and Erosion and Sediment Control Drawings
L.101 through L.501 – Landscape Drawings
S0.01 through S5.01 – Structural Drawings
D1.01 through D2.05 – Architectural Demolition Drawings
A0.01 through A9.22 – Architectural Drawings
M0.01 through M5.01 – Mechanical Drawings
P0.01 through SP1.03 – Plumbing Drawings
E0.01 through EP1.04 – Electrical Drawings
T0.01 through T2.01 – IT Drawings

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

DIVISION 1 – GENERAL REQUIREMENTS


01100 Summary of Work
01230 Alternates
01250 Contract Modification Procedures
01270 Unit Prices
01290 Payment Procedures
01310 Project Management and Coordination
01320 Construction Progress Documentation
01322 Photographic Documentation
01330 Submittal Procedures
01352 LEED Requirements
01400 Quality Requirements
01420 References
01500 Temporary Facilities and Controls
01600 Product Requirements
01700 Execution Requirements
01770 Closeout Procedures
01781 Project Record Documents
01782 Operation and Maintenance Data
01810 General Commissioning Requirements
01815 Commissioning of HVAC
01820 Demonstration and Training

DIVISION 2 – SITEWORK
02200 Selective Site Demolition
02300 Earthwork
02370 Erosion and Sediment Control
02510 Water Distribution
02530 Sanitary Sewerage
02620 Subdrainage
02630 Storm Drainage
02751 Cement Concrete Pavement
02781 Exterior Stone Paving
02821 Chain-Link Fencing
02870 Site Furnishings
02920 Lawns and Grasses
02930 Exterior Plants

DIVISION 3 – CONCRETE
03300 Cast-in-Place Concrete

DIVISION 4 – MASONRY
04810 Unit Masonry Assemblies
04851 Dimension Stone Cladding

DIVISION 5 – METALS
05120 Structural Steel
05310 Steel Deck
05500 Metal Fabrications
05501 Weathering Steel Site Walls
05511 Metal Stairs
05530 Gratings
05721 Ornamental Railings

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

DIVISION 6 – WOOD AND PLASTICS


06105 Miscellaneous Carpentry
06402 Interior Architectural Woodwork

DIVISION 7 – THERMAL AND MOISTURE PROTECTION


07131 Self-Adhering Sheet Waterproofing
07210 Building Insulation
07415 Composite Metal Wall Panels
07552 Styrene-Butadiene-Styrene (SBS) Modified Bitumen Membrane Roofing
07620 Sheet Metal Flashing and Trim
07272 Fluid-Applied Membrane Air Barriers
07842 Fire-Resistive Joint Systems
07920 Joint Sealants

DIVISION 8 – DOORS AND WINDOWS


08110 Steel Doors and Frames
08212 Stile and Rail Wood Doors
08411 Aluminum-Framed Entrances and Storefronts
08520 Aluminum Windows
08630 Metal-Framed Skylights
08710 Door Hardware
08800 Glazing
08830 Mirrors
08911 Glazed Aluminum Curtain Walls

DIVISION 9 – FINISHES
09111 Non-Load-Bearing Steel Framing
09210 Gypsum Plaster
09250 Gypsum Board
09310 Ceramic Tile
09380 Terra Cotta and Stone Tile
09629 Cork Flooring
09651 Resilient Floor Tile
09653 Resilient Wall Base and Accessories
09681 Carpet Tile
09852 Sound-Absorbing Wall Units
09912 Painting
09931 Wood Stains and Transparent Finishes
09992 Painting Restoration

DIVISION 10 – SPECIALTIES
10155 Toilet Compartments
10200 Louvers
10265 Impact-Resistant Wall Protection
10801 Toilet and Bath Accessories

DIVISION 11 – EQUIPMENT
11055 Through Wall Book and AV Drops
11056 Depressible Book Return Bins

DIVISION 12 – FURNISHINGS
12484 Floor Mats and Frames

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

DIVISION 13 – SPECIAL CONSTRUCTION


13730 Security Access
13845 Lighting Controls
13852 Digital, Addressable Fire-Alarm System
13915 Fire Suppression Piping
13921 Electric-Drive, Centrifugal Fire Pumps
13930 Wet-Pipe-Fire-Suppression Sprinklers

DIVISION 14 – CONVEYING SYSTEMS


14215 Machine Room Less (MRL) Elevators

DIVISION 15 – HVAC/PLUMBING
15053 Common Work Results for HVAC
15056 Common Motor Requirements for Fire-Suppression Equipment
15058 Common Motor Requirements for HVAC Equipment
15061 Hangers and Supports for Plumbing Piping and Equipment
15062 Hangers and Supports for HVAC Piping and Equipment
15071 Vibration Isolation
15076 Identification for Plumbing Piping and Equipment
15077 Identification for HVAC Piping and Equipment
15081 Fire-Suppression Systems Insulation
15082 Plumbing Insulation
15083 HVAC Insulation
15110 Valves
15111 General Duty Valves for Plumbing Piping
15126 Meters and Gages for Plumbing Piping
15140 Domestic Water Piping
15145 Domestic Water Piping Specialties
15150 Sanitary Waste and Vent Piping
15155 Sanitary Waste Piping Specialties
15160 Storm Drainage Piping
15165 Storm Drainage Piping Specialties
15181 Hydronic Piping
15185 Hydronic Pumps
15189 Water Treatment
15195 Facility Natural Gas Piping
15410 Plumbing Fixtures
15415 Drinking Fountains and Water Coolers
15446 Sump Pumps
15485 Electric Water Heaters
15513 Condensing Boilers
15629 Scroll Water Chillers
15640 Cooling Towers
15725 Modular Indoor Central-Station Air-Handling Units
15763 Fan-Coil units
15785 Air-to-Air Energy Recovery Equipment
15815 Metal Ducts
15820 Duct Accessories
15838 Power Ventilators
15900 HVAC Instrumentation and Controls
15950 Testing, Adjusting and Balancing
15940 Sequence of Operation
15995 Mechanical Systems Commissioning (LEED Project)

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

DIVISION 16 – ELECTRICAL
16051 Common Work Results for Electrical
16055 Overcurrent Protective Device Coordination
16060 Grounding and Bonding
16073 Hangers and Supports for Electrical Systems
16075 Electrical Identification
16120 Conductors and Cables
16130 Raceways and Boxes
16140 Wiring Devices
16145 Lighting Control Devices
16410 Enclosed Switches
16441 Switchboards
16442 Panelboards
16491 Fuses
16511 Interior Lighting
16521 Exterior Lighting
16572 Modular Dimming Control
16714 Communications Equipment Room Fittings
16716 Communications Backbone Cabling
16717 Communications Horizontal Cabling
16718 Conductors and Cables for Electronic Safety and Security
16995 Electrical System Commissioning

DIVISION 17
17100 Voice and Data Communication Cabling

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

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, properly
labeled, unbroken packages, containers, cartridges or bundles and in such
quantities and such ample time that progress of work will not be delayed.

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

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

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

1. Space for storage of materials and equipment will be approved by the


District’s Inspector (see Paragraph H.23).

2. The Contractor shall not occupy more space at the site than is absolutely
necessary for proper execution of the work. Only the materials and
equipment which are to be used directly in the Work shall be brought to or
stored at the Project by the Contractor and the Contractor’s Subcontractors
and Material Suppliers. After the material or equipment is no longer
required for the Work, the Contractor shall remove such material and
equipment from the Project.

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

PART I

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTIONS AND TESTS:

A. INSPECTIONS

The inspection and acceptance requirements for the resultant contract will be
governed by Article 11 of the Standard Contract Provisions For Use With
Specifications for District of Columbia Government Construction Projects, dated
January 2007, as amended and incorporated herein by reference. A copy of this
booklet is available free of charge to the bidders at the Bid Issuance Office located at
901 G Street, N.W. Washington, DC 20001.

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

B. TESTS

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

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

3. The Contractor shall provide an original report of the inspection, testing or


approval to the Architect, through the Construction Manager, for approval.

4. If after the commencement of the Work, the Architect or the Construction


Manager determine that any portion of the Work requires special inspection,
testing or approval in order to insure proper conformance to the Plans and
Specifications, the Architect or the Construction Manager may instruct the
Contractor 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 to


comply with the requirements of the Plans and Specifications, the Contractor shall
pay all costs associated with such special inspection, testing or approval.

6. If such special inspection, testing or approval reveals that the Work is in


compliance with the Plans and Specifications, the Contractor will be paid, by
appropriate Change Order, for all costs associated with such special inspection,
testing or approval.
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Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

7. Neither the observations of the Architect or the Construction Manager in the


administration of the contract, nor inspections, tests or approvals by persons other
than 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:

A. The Contracting Officer’s Technical Representative (COTR) may, at his/her


option, accept part of the work under this contract in writing prior to the COTR’s
final acceptance of all the work under the contract, when the COTR considers it
beneficial to the District of Columbia.

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

E.3 FINAL INSPECTION:

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

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

PART I

SECTION F - DELIVERIES OR PERFORMANCE

F.1 TIME OF COMPLETION:


The Contractor shall complete all the work in strict accordance with the following key
milestones:

BP 01 – GENERAL TRADES SITE REQUIREMENTS PACKAGE


Pre-Construction Submittals 10 Calendar Days after Notice to Proceed
Mobilization 20 Calendar Days after Notice to Proceed
Work Completion 465 Calendar Days after Notice to Proceed
Complete Demobilization 475 Calendar Days after Notice to Proceed

BP 02 – HAZMAT ABATEMENT AND SELECTIVE DEMOLITION PACKAGE


Pre-Construction Submittals 15 Calendar Days after Notice to Proceed
Mobilization 40 Calendar Days after Notice to Proceed
Work Completion 110 Calendar Days after Notice to Proceed
Complete Demobilization 120 Calendar Days after Notice to Proceed

BP 03 – SITEWORK, SITE UTILITIES, AND SITE DEMOLITION


Pre-Construction Submittals 15 Calendar Days after Notice to Proceed
Mobilization 40 Calendar Days after Notice to Proceed
Work Completion 95 Calendar Days after Notice to Proceed
Complete Demobilization 105 Calendar Days after Notice to Proceed
BP 03 – LANDSCAPING AND SITE FURNISHINGS
Pre-Construction Submittals 100 Calendar Days after Notice to Proceed
Mobilization 350 Calendar Days after Notice to Proceed
Work Completion 410 Calendar Days after Notice to Proceed
Complete Demobilization 420 Calendar Days after Notice to Proceed

BP 04 – CONCRETE PACKAGE
Pre-Construction Submittals 20 Calendar Days after Notice to Proceed
Mobilization 55 Calendar Days after Notice to Proceed
Work Completion 115 Calendar Days after Notice to Proceed
Complete Demobilization 130 Calendar Days after Notice to Proceed

BP 05 – STONE AND MASONRY PACKAGE


Pre-Construction Submittals 45 Calendar Days after Notice to Proceed
Mobilization 120 Calendar Days after Notice to Proceed
Work Completion 180 Calendar Days after Notice to Proceed
Complete Demobilization 190 Calendar Days after Notice to Proceed

BP 06 – STRUCTURAL, ORNAMENTAL AND MISCELLANEOUS METALS


PACKAGE
Pre-Construction Submittals 60 Calendar Days after Notice to Proceed
Mobilization 150 Calendar Days after Notice to Proceed
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Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

Work Completion 195 Calendar Days after Notice to Proceed


Complete Demobilization 205 Calendar Days after Notice to Proceed

BP 07 – ROOFING AND WATERPROOFING PACKAGE


Pre-Construction Submittals 90 Calendar Days after Notice to Proceed
Mobilization 210 Calendar Days after Notice to Proceed
Work Completion 235 Calendar Days after Notice to Proceed
Complete Demobilization 245 Calendar Days after Notice to Proceed

BP 08 – ALUMINUM CURTAINWALL, STOREFRONTS, GLASS AND GLAZING,


METAL PANELS AND SKYLIGHTS PACKAGE
Pre-Construction Submittals 45 Calendar Days after Notice to Proceed
Mobilization 120 Calendar Days after Notice to Proceed
Work Completion 180 Calendar Days after Notice to Proceed
Complete Demobilization 195 Calendar Days after Notice to Proceed

BP 09 – LIGHT GAUGE FRAMING, DRYWALL, CEILINGS AND PAINTING


PACKAGE
Pre-Construction Submittals 90 Calendar Days after Notice to Proceed
Mobilization 210 Calendar Days after Notice to Proceed
Work Completion 410 Calendar Days after Notice to Proceed
Complete Demobilization 420 Calendar Days after Notice to Proceed

BP 10 – DOORS, FRAMES, HARDWARE and MISCELLANEOUS SPECIALTIES


PACKAGE
Pre-Construction Submittals 90 Calendar Days after Notice to Proceed
Mobilization 240 Calendar Days after Notice to Proceed
Work Completion 350 Calendar Days after Notice to Proceed
Complete Demobilization 360 Calendar Days after Notice to Proceed

BP 11 – FLOORING PACKAGE
Pre-Construction Submittals 100 Calendar Days after Notice to Proceed
Mobilization 240 Calendar Days after Notice to Proceed
Work Completion 350 Calendar Days after Notice to Proceed
Complete Demobilization 360 Calendar Days after Notice to Proceed

BP 12 – TERRACOTTA PACKAGE
Pre-Construction Submittals 45 Calendar Days after Notice to Proceed
Mobilization 120 Calendar Days after Notice to Proceed
Work Completion 180 Calendar Days after Notice to Proceed
Complete Demobilization 190 Calendar Days after Notice to Proceed

BP 13 – SALVAGE/REPAIR/REFINISH/REINSTALL
Pre-Construction Submittals 10 Calendar Days after Notice to Proceed
Mobilization 20 Calendar Days after Notice to Proceed
Work Completion 55 Calendar Days after Notice to Proceed
Complete Demobilization 65 Calendar Days after Notice to Proceed
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Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

BP 13 – WOOD WINDOWS
Pre-Construction Submittals 45 Calendar Days after Notice to Proceed
Mobilization 120 Calendar Days after Notice to Proceed
Work Completion 180 Calendar Days after Notice to Proceed
Complete Demobilization 195 Calendar Days after Notice to Proceed
BP 13 – MILLWORK
Pre-Construction Submittals 60 Calendar Days after Notice to Proceed
Mobilization 350 Calendar Days after Notice to Proceed
Work Completion 410 Calendar Days after Notice to Proceed
Complete Demobilization 420 Calendar Days after Notice to Proceed

BP 14 – ELEVATOR SYSTEMS PACKAGE


Pre-Construction Submittals 60 Calendar Days after Notice to Proceed
Mobilization 240 Calendar Days after Notice to Proceed
Work Completion 295 Calendar Days after Notice to Proceed
Complete Demobilization 310 Calendar Days after Notice to Proceed

BP 15 – MECHANICAL PACKAGE
Pre-Construction Submittals 30 Calendar Days after Notice to Proceed
Mobilization 155 Calendar Days after Notice to Proceed
Work Completion 455 Calendar Days after Notice to Proceed
Complete Demobilization 465 Calendar Days after Notice to Proceed

BP 16 – ELECTRICAL PACKAGE
Pre-Construction Submittals 30 Calendar Days after Notice to Proceed
Mobilization 155 Calendar Days after Notice to Proceed
Work Completion 455 Calendar Days after Notice to Proceed
Complete Demobilization 465 Calendar Days after Notice to Proceed

F.2 DELIVERABLES:

The Contractor shall submit to the District, as a deliverable, the report described in
section H.38.3 of this contract that is required by the 51% District Residents New Hires
Requirement and First Source Employment Agreement. If the Contractor does not submit
the report as part of the deliverables, final payment to the Contractor may not be paid.
(Refer to H.38.7).

The Contractor shall submit a detailed project schedule in hard copy and .pdf or MS
Project format showing completion of the project 25-days from NTP.

36
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

PART I

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE PAYMENT:

A. The District will make payments to the Contractor, upon the submission of proper
invoices, based on the approved Critical Path Method (CPM) schedule as
described in Section H.16 of this document, only for the percentage of work or
services actually performed or completed during the subject period and accepted
by the District, less any discounts, allowances or adjustments provided for in this
contract.

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

G.2 INVOICE SUBMITTAL:

A. The Contractor shall submit proper invoices on a monthly basis or as otherwise


specified in this contract. Invoices shall be prepared in triplicate and submitted to
the Contracting Officer’s Technical Representative (COTR) specified in Section
G.2 below.

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


information:

1. Contractor’s name and invoice date (Contractors are encouraged to date


invoices as close to the date of mailing or transmittal as possible);

2. Contract number, section two (2) and encumbrance number, section


twenty-four (24) of the Solicitation Cover sheet. Assignment of an invoice
number by the Contractor is also recommended;

3. Description, amount of payment requested, quantity, and the dates of the


work performed based on the approved CPM schedule;

4. Other supporting documentation or information, as required by the


Contracting Officer;

5. Name, title, telephone number and complete mailing address of the


responsible official to whom payment is to be sent;

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

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

7. Name, title, phone number and mailing address of person, if different from
the person identified above to be notified in the event of a defective
invoice, and

8. Authorized signature.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT:

G.3.1 For contracts subject to the 51% District Residents New Hires Requirement and
First Source Employment Agreement, final request for payment must be
accompanied by the report or a waiver of compliance discussed in H.38.3.

G.3.2 The CFO shall not make final payment to the Contractor until the CFO has
received the Contracting Officer’s final determination or approval of waiver of
the Contractor’s compliance with 51% District Residents New Hires Requirement
and First Source Employment Agreement.

G.4 METHOD OF PAYMENT:

A. The District will utilize the progress payment method under this contract, and will
make progress payments when all of the following conditions are satisfied:

1. The portion of the service provided by the Contractor is accepted by the


District;

2. The work on the specific contract activity as identified in the approved


CPM Schedule, for which the progress payment is requested, is 100 %
complete;

3. The Contractor submits the invoice as described in G.2 for the progress
payment.

B. The COTR will furnish to the Contractor, the following forms:

1. Summary of Progress Payment Breakdown Form;


2. Progress Payment Request Form;
3. Schedule of Values Form.

C. The Contractor shall prepare and deliver to the COTR for approval:

1. Original and a copy of completed Summary of Progress Payment


Breakdown Form within fourteen (14) days after issuance of written
Notice to Proceed and prior to submission of first progress payment
request. This detailed estimate of costs shall include a breakdown of costs
for all items of work that will be performed under the contract with total
amount equal to the lump sum bid price under Section B.4.

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

2. Original and a copy of the signed (by the authorized representative of the
Contractor) Progress Payment Request Form on or before the twenty-fifth
(25th) day of each month during progress of the work. The COTR will
direct the Progress payment to be made based on the actual work
performed based on the COTR’s approval of the Schedule of Values. This
approval will include only those fractions of work which have been
completed and duly accepted by COTR. COTR’s acceptance signature on
the 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 associated
components delivered to the jobsite or stored on the site, until they are
satisfactorily incorporated into the completed work, at 100% of their
invoiced value from the manufacturer or supplier as approved by the
COTR. The Contractor shall properly store and protect all the materials
and equipment and ensure that all materials and equipment are in
compliance with the submittals approved by the COTR.

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

a. A certified statement giving the exact location of the materials or


equipment, that such material or equipment is properly stored and
protected meeting the approval of COTR and is consigned to the
District of Columbia Government; that the materials and
equipment will not be diverted for use or installation at a different
project, and that they are subject to inventory and inspection by the
COTR.

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 the


materials/equipment is stored off-site.

E. Before approval of the CPM schedule, the District may make two (2) initial
monthly payments under this contract for the work performed during the first
sixty (60) days following the Notice To Proceed, following the COTR’s partial
acceptance of the work in writing in accordance with section E.2. In the event
that the District elects to proceed in this manner, the following shall apply:
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Project Name: Mount Pleasant Library General Construction

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

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

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

G.5 ASSIGNMENTS:

A. In accordance with Article 9, Transfer of Assignment, in the Government of the


District of Columbia Standard Contract Provisions, for use with Specifications for
District of Columbia Construction Projects January 2007, the Contractor may
assign funds due or to become due as a result of the performance of this contract
to a bank, trust company, or other financing institution.

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

C. Notwithstanding an assignment of money claims pursuant to authority contained


in 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 must
refer 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 on
behalf of the District of Columbia Public Library only by Contracting Officers. The
address and telephone number of the Contracting Officer is:

Wayne R. Minor, Chief Procurement Officer


Office of Procurement
District of Columbia Library
901 G Street, N.W., Suite 401
Washington, D.C. 20001
Telephone: (202) 727-4800

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Project Name: Mount Pleasant Library General Construction

G.7 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER:

A. In accordance with Article 3 of the Standard Contract Provisions For Use With
Specifications for District of Columbia Government Construction Projects, dated
January 2007, as amended, the Contracting Officer is the only person authorized
to approve changes to any of the requirements of this contract.

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

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

A. The COTR is responsible for the technical administration of the contract and
advising the Contracting Officer as to the Contractor’s compliance or noncompliance
with the contract. In addition, the COTR is responsible for the day-to-day
monitoring and supervision of the contract, of ensuring that the work conforms to the
requirements of this contract and such other responsibilities and authorities as
specified in writing by the Contracting Officer. The COTR for this contract is:

Chris Wright
Project Manager, 21st Century Capital Projects
DCPL Office of Facilities Management
901 G Street, N.W.
Washington, D.C. 20001
Telephone Number: (202) 727-4913

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

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

G.9 APPLICATION AND GOVERNING LAW

A. The Contractor, the Associate (Architect), the Construction Manager (Smoot


Construction) and DCPL (Owner) shall be familiar with all provisions of the
Standard Conditions of Contract for Construction.

B. There shall be no change in the Standard Conditions unless so provided in the


Special Conditions prepared by the Associate or the Construction Manager and
approved in writing by DCPL.
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C. The parties to the Contract shall comply with all applicable federal and local
codes, statutes, ordinances and regulations in the performance of the Work of the
Project.

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

E. DCPL may maintain an action in the name of the District for violations of any law
relating to the Project or for any injury to persons or property pertaining to the
Work, or for any other cause which is necessary in the performance of DCPL’s
duties.

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 and
shall protect the DCPL against Defective Work throughout the completion of the
Project.

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 or
appropriate to achieve conformity with the Plans and Specifications.

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

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 the
design concept of the Project as a functioning whole as indicated by the Plans and
Specifications. The Architect shall immediately notify DCPL at any time that
Work has been disapproved or rejected.

5. The Architect shall not be responsible for construction means, methods,


techniques, sequences, procedures, safety precautions and programs in connection
with the Work, or for the Contractor's failure to carry out the Work in conformity
with the Plans and Specifications.

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B. CONTRACT ADMINISTRATION

1. The Architect shall provide administration of the construction contracts for the
Project 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 and
shall attend any and all progress meetings.

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

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

5. The Construction Manager or the Architect, thru the construction Manager shall
render decisions in connection with the Contractor's responsibilities under the
Plans and Specifications, and submit recommendations to DCPL for enforcement
of the Contract as necessary.

6. The Architect will be the initial interpreter of all requirements of the Plans and
Specifications, pursuant to paragraph GC 1.5.2. All decisions of the Architect
shall 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's
reasonable opinion such action is necessary or advisable to insure the proper
conformance to the Plans and Specifications.

8. Based upon the Construction Manager’s on-site observation and evaluation of the
Contractor's Application for Payment, the Construction Manager shall review and
certify the amounts due the Contractor. The Construction Manager may
recommend to DCPL that payments be withheld from, or Liquidated Damages be
assessed against, a Contractor's applications for payment, stating the reasons for
such recommendation. The Construction Manager’s certification for payment
shall 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 and
Specifications and the Contractor is entitled to payment in the amount certified.

9. The Architect shall review and approve or take other appropriate action upon the
Contractor's submittals, within the required time, for the purpose of checking for
conformity 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 verify
with the Owner that funds are available for any change to the Work.

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

12. The Construction Manager shall render written decisions, within the time
specified, on all claims, disputes or other matters in question between the
Contractor and the District and shall provide information or services to DCPL
until final disposition of all claims.

G.11 CONSTRUCTION PHASE COORDINATION

A. RESPONSIBILITY OF CONTRACTORS

1. The Contractor shall afford other Contractors and such Contractor's


Subcontractors and Material Suppliers reasonable opportunity for the
introduction and storage of materials and execution of Work and shall
properly connect and coordinate the Contractor's Work with the Work of other
Contractors on the Project. The Contractor shall complete portions of the
Work 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 be
provided by DCPL for any injury, damage or expense resulting from
interference, hindrance, disruption or delay caused by or between Contractors
or their agents and employees shall be an extension of time in which to
complete the Work.

3. Should the Contractor, or the Contractor's Subcontractors or Material


Suppliers, cause damage or injury to the property or Work of any other
Contractor, or by failure to perform the Work with due diligence, delay,
interfere, hinder or disrupt any Contractor who suffers additional expense or
damage 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 the


Project and to demonstrate that each other Contractor who performs Work on
the 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 be
continued 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 another


Contractor, the Contractor shall Inspect such other Contractor's Work before
commencing any Work, and report in writing to the Architect, through the
Construction 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, as


required by paragraph G11.A.6, shall constitute an acceptance of the other
Contractor'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 coordination
of the Construction Manager and shall take orders and directions from the
Construction Manager and the Architect, to the extent appropriate.

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

10. If the Contractor fails to perform the Contract according to the requirements
of the Plans and Specifications, such failure to perform may be just cause for
DCPL to find the Contractor is not responsible for consideration of future
contract award. Other factors in determining whether a Bidder is responsible
for future contract award include the experience of the Bidder, the financial
condition 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 Construction
Manager so as not to interfere, disturb, hinder or delay the Work of the other
Contractors or the responsibilities of the Architect and the Construction
Manager.

B. RESPONSIBILITY AND AUTHORITY OF THE CONSTRUCTION


MANAGER – (SMOOT CONSTRUCTION)

1. The Construction Manager shall consult with the Owner's representative to


obtain 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 responsibilities
of the Owner, the Architect and DCPL to complete the Project in accordance
with 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 the
Construction Schedule, the provisions of paragraph H.2.B may be invoked.

5. Coordination of the Work of the Contractors by the Construction Manager


shall not relieve the Contractor from the Contractor's duty to supervise and
direct the Contractor's Work in accordance with the Plans and Specifications.

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

7. The Construction Schedule shall not exceed the time limit specified in the
Notice to Proceed, shall provide for reasonable, efficient and economical
execution of the Work and shall be related to the entire Project to the extent
required by the Plans and Specifications.

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

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

10. The Construction Manager shall have the authority to disapprove or reject any
item of Work which is Defective, or that the Construction Manager believes
will not produce a Project that conforms to the Plans and Specifications. The
Construction 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 the
Contractor's responsibilities under the Plans and Specifications, and submit
recommendations to DCPL for enforcement of the Contract as necessary.

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

13. The Construction Manager shall attend and conduct any and all progress
meetings. The Construction Manager shall prepare an agenda and a written
report of each progress meeting and distribute the report to DCPL, the
Architect and the Contractors. The Construction Manager shall not delegate
the duty to prepare the agenda and written reports of any progress meeting.
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14. In the event of default by any Contractor, the Construction Manager shall
cooperate with the Architect, DCPL and the defaulting Contractor's Surety to
Contract Completion.

15. The Construction Manager shall keep a daily log containing a record of
weather, number of workers on site for each Contractor, identification of
equipment, Work accomplished, problems encountered and other similar
relevant data.

16. The Construction Manager shall render written decisions, within the time
specified, on all claims, disputes or other matters in question between the
Contractor and the District and shall provide information or services to DCPL
until final disposition of all claims.

17. The Construction Manager shall not be responsible for construction means,
methods, techniques, sequences, procedures, safety precautions and programs
in connection with the Work. The services provided by the Construction
Manager, the existence of schedules or services prepared or performed by the
Construction Manager shall in no way relieve the Contractor of responsibility
for complying with all the requirements of the Plans and Specifications.

G.12 CONSTRUCTION PROCEDURES

A. The Contractor shall be responsible for and have control over all construction
means, methods, techniques, sequences and procedures for all portions of the
Contractor's Work and shall be responsible for any injury or damage which may
result from improper construction, installation, maintenance or operation to the
fullest extent permitted by law.

B. Unless otherwise specified in the Plans and Specifications, the Contractor shall be
responsible for properly and accurately laying out all lines, levels, elevations and
measurements for all the Work as required by the Plans and Specifications.

C. The Contractor shall be responsible for all cutting, fitting or patching required for
the Contractor's Work and shall not endanger the Project by excessive demolition,
excavation or other alteration of the Project, or any part of it beyond that required
by the identified scope.

D. The Contractor requiring sleeves shall furnish and coordinate the Contractor's
installation of the sleeves. The Contractor shall be responsible for the exact
location and size of all holes and openings required to be formed or built for the
Work, and to permit coordination with any Work performed by others on the
Project.

E. The Construction Manager shall allow sufficient time for installation of any Work
by others before covering or closing the applicable portion of the Project.
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F. Patching shall match and blend with the existing or adjacent surface. Any
patching required because of faulty or ill-timed Work shall be done by and at the
expense of the Contractor.

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

H. Unless otherwise specified in the Plans and Specifications, the Contractor, prior to
starting 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 and
approved by the Architect.

J. The Contractor shall install all Work in accordance with the Plans and
Specifications 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 competent


superintendent 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 superintendent
shall be as binding as if given directly to the Contractor.

C. The Contractor shall submit an outline of the qualifications and experience of the
Contractor's proposed superintendent, including references, to DCPL, through the
Construction 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 rejection
within 30 days of receipt of the required information shall constitute notice that
DCPL has no objection.

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

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

G. If the Contractor proposes to change the Contractor's superintendent, the


Contractor 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 the
individual 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 progress
meeting for all Contractors and other parties involved in the Project. The purpose
of the progress meeting is to review progress in the Work during the previous
week, discuss anticipated progress during the following weeks, and review critical
operations 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 make
decisions regarding possible modification of the Plans and Specifications.

C. The Construction Manager shall notify the Contractor of the time and place of the
progress meeting which shall thereafter be the same day and hour of the week for
the duration of the Project, unless the Construction Manager shall notify the
Contractor 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 Material
Suppliers attend the progress meeting as deemed advisable by the Contractor or as
requested by the Construction Manager or the Architect.

E. The Construction Manager shall prepare a written report of each progress meeting
and distribute such report to the Architect, DCPL and the Contractor. The
Construction 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 and
shall 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 Construction


Manager shall schedule a weekly coordination meeting for all Contractors and
appropriate Subcontractors and Material Suppliers.

B. The purpose of the coordination meeting is to establish the exact location of each
piece 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 and
distribute the report to the Architect and the Contractors. The Construction
Manager shall not delegate the duty to prepare a written report of each
coordination meeting.

D. Unless otherwise specified in the Plans and Specifications, the HVAC Contractor
shall prepare one-fourth inch equals one foot scale drawings of all sheet metal
work 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 the
location of the Contractor's equipment, piping, conduit, and other Work for
reparation of detailed coordination drawings by the HVAC Contractor.

G. The Contractor shall be represented at every coordination meeting by a person


authorized with signature authority to make decisions regarding possible
modification of the Plans and Specifications. The Contractor shall have any of the
Contractor's Subcontractors and Material Suppliers attend the coordination
meeting as deemed advisable by the Contractor or as requested by the
Construction Manager.

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Project Name: Mount Pleasant Library General Construction

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 improvement
Projects 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 with
applicable federal and local statutes, ordinances, codes and regulations.

3. DCPL will designate a Project Administrator for the Project to consult with the
Architect 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 in
a timely manner to avoid delay in the progress of the Project.

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

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

7. DCPL may send directions to the Contractor through the Architect or the
Construction 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 prosecute
the 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 the
Contractor 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 necessary
diligence so as to complete the Work within the time specified in the Plans and
Specifications or any portion of the Work by the applicable milestone date as set
forth in the Construction Schedule, the Construction Manager shall notify the
Contractor 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 shall
recommend enforcement of the Contract to DCPL pursuant to paragraph GC
4.2.6. without prejudice to any other remedy DCPL may have, DCPL may employ
upon the Work the additional force, or supply the materials or such part of either
as 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 cover
such costs, the Contractor and the Contractor's Surety shall pay the amount of the
insufficiency 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 the
Construction Manager informs DCPL that the area in question has been approved
for temporary occupancy by the regulatory authorities.

2. If such Partial Occupancy or use is approved by DCPL, the Architect, through the
Construction Manager, may process either a Change Order or a Contract
Completion certificate listing the deficient Work under the Contract for approval
by DCPL, provided that no such occupancy or use shall commence before any
insurers providing property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.

3. From the date of execution of the Change Order or Contract Completion


certificate by DCPL, the Contractor shall be relieved of obligation to maintain the
accepted portion of the Work, but shall remain obligated to correct any Punch List
items then uncorrected. The Contractor shall continue to carry the appropriate
insurance during performance of any Punch List Work.

4. Partial Occupancy or use of the premises by the Owner shall not constitute
acceptance of any Work not in conformity with the Plans and Specifications.
Partial occupancy shall not relieve the Contractor of liability for any express or
implied warranties or responsibility for Defective Work.
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H.3 PERMITS, LICENSES AND CERTIFICATES:

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

1. The Contractor shall apply and pay for all required permits well in
advance 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 inspections


required for any permit certification. The Contractor shall give the
Architect, 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 for
the required permits, licenses, fees, tap fees and certificates required by local
authorities for this project. Permits, Licenses and Certificates may include, but
are not limited to:

Permits and Certificates Licenses

1. Plumbing 1. Master Plumbers


2. Electrical 2. Electrical
3. Refrigeration 3. Refrigeration
4. Elevator 4. Boiler
5. Boiler and Pressure Tank 5. Pressure Tank
6. Public Space - To work in, excavate 6. Elevator
in or occupy
7. Signs and Temporary Fences
8. Work on Sunday and after 6:00 p.m. weekdays.
9. Razing

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

1. Where electrical, plumbing and refrigeration Contractors and their craft


persons perform work under contract with the District of Columbia and
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the work is physically located in areas outside the District of Columbia, it


shall be sufficient if any such Contractor and the Contractor’s craft
persons are licensed either by the District of Columbia or by any
governmental agency having jurisdiction over the area adjoining the site
on which the work is performed.

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

H.4 TEMPORARY FACILITIES, UTILITY CONNECTIONS AND SERVICES:

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

A. TEMPORARY FACILITIES AND UTILITIES – SEE APPROPRIATE BID


PACKAGES

B. TEMPORARY WATER: For construction purposes, temporary connection to the


existing water mains is permitted, at the Contractor’s expense, contingent upon
the Contractor performing the following:

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


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

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

3. That all pipe, fittings, and hose used shall be leak proof and that hook-ups
and connections be made in a manner comparable to new work to prevent
unnecessary 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 and
other accessories are removed; disconnections made and services restored
to an approved condition.

C. PERMANENT CONNECTIONS TO MAINS:

The Contractor shall make and pay for all the required permanent connections for
water, sewer, gas, electrical, telephone and fire alarm systems at its own expense.
The Contractor shall pay fees and associated costs and make all arrangements

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

H.5 SHOP DRAWINGS AND CATALOGUE CUTS:

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

1. The Contractor shall submit the list to the COTR or his designee, the
Construction Manager, in quadruplicate for approval. The COTR will return
one (1) copy of the approved list to the Contractor.

2. The District will not make progress payments until the required list has been
submitted by the Contractor. The District will not make payments for any
materials installed by the Contractor without approval by the COTR where
submittal of the same is required.

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

1. Normally, 14 calendar days will be required for checking submitted


materials. However, more time will be required for more complex
submittals. 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 the
characteristics or uses named in the submission and shall not be construed
as:

a. Permitting any departure from contract requirements except as


specifically stated in the approval.

b. Relieving the Contractor of the responsibility of complying with


the contract requirements because of errors which may exist.

c. Constituting a complete check, but will indicate only that the


general method of construction and detailing is satisfactory and the
Contractor shall be responsible for the dimensions and design of
adequate connections, details and satisfactory construction of all
work.

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

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1. Letter of transmittal, for each transmittal, submitted in triplicate and


containing the following information:

a. Project name and contract number;

b. Work for which material is intended;

c. Identification of material in accordance with Federal Specification


or 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 been
checked for conformity with contract requirements including
dimensions, quality, grade, type, quantity coordination with other
work and that the Contractor assumes all responsibility for errors
or discrepancies.

D. SHOP DRAWINGS:

The Contractor shall submit shop drawings as described below:

1. Submit six sets of each drawing.

2. Identified as to project name and number, Contractor, fabricator,


manufacturer, model, type, class, brand name, specifications reference,
local distributor, and date drawn to which drawing applies.

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

a. Each submission shall show complete system to which it applies


and shall include catalog cuts, samples and other applicable data
pertinent to the system.

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

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


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

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

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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 make
specific 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/she


may initiate any changes to the contract under Article 3, Changes,
of the Standard Contract Provisions which will be subject to the
Contracting Officer’s approval.

b. If drawings submitted indicate a departure from the contract


requirements which the Contracting Officer finds to be in the best
interest of the District of Columbia and to be so minor as not to
involve a change in contract price or time for completion, he may
approve the drawings.

E. COMPOSITE SHOP DRAWINGS:

In addition to shop drawings specified in the various sections of the


specifications, the Contractor shall submit composite shop drawing details of
constricted spaces, pipe and duct spaces, mechanical, equipment rooms and
ceiling spaces where pipes, ducts, conduit, crossover and where items such as
light fixture housing project into the space, to ensure that equipment approved for
use 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 letter
submitted therewith;

2. Submittal of composite shop drawings shall be provided in 15 days after


Notice to Proceed to prevent a delay in construction.

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

1. The Contractor shall submit the required samples prepaid in duplicate,


unless otherwise specified in the applicable specification section.

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

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

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

NOTE: The COTR shall hold for thirty (30) days and then destroy
samples submitted without the above labels.

4. The Contractor shall submit samples of materials that are required to


match work in place and shall also submit representative samples of
present materials which they are to match. The Contractor may take a
sample of present materials from the work in place, but if this is not
possible, 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 or
for the uses named in such approval and no other purpose.

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


any contract requirement unless specifically stated in the approval.

b. The Contractor shall send the approved samples not destroyed in


testing back to the COTR.

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

d. The COTR may retain for thirty (30) days any samples not destroyed
in testing and that are not approved, and then dispose of them or return
them 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 specified
in the various specification sections and other test samples deemed
necessary, or the COTR will take the same from various material or
equipment delivered by the Contractor for use in the work. The COTR
has the right to request any additional tests from an accredited testing
facility on any materials delivered to the site of the work, at the District’s
expense.

7. If any of these test samples fail to meet the specification requirements, any
previous approvals will be withdrawn and such materials or equipment
shall be subject to removal and replacement by the Contractor with

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materials or equipment meeting the specification requirements at no


additional 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 is


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

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

11. The Contractor shall identify individual items included in brochures and
catalogs 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 for
materials, fabrication and finishes.

1. Such references shall not be construed as limiting competition or


controlling selection of manufacturers, and the Contractor in such cases
may submit for approval any item or type of construction which, in the
judgment of the Contracting Officer, expressed in writing, is equal to that
specified.

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 the
removal of all waste materials and rubbish attributable to the Work to an
appropriate disposal site designated by the Construction Manager. The Contractor
shall 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 the
Construction 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 remain
the 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 to
the 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 the
Project.

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

F. If the Contractor fails to maintain the areas adjacent to the Project clean and free
of waste materials and rubbish, upon written notification by the Construction
Manager, DCPL shall direct the local jurisdiction having responsibility for the
area to clean the area.

G. The cost of cleaning the area adjacent to the Project shall be deducted from the
responsible Contractor as the Construction Manager recommend and the
Department 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 property
not designated for alteration by the Plans and Specifications to as near its
original 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 and


windows, leaving both sides of the glass in a polished condition;

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


materials;

4. Remove excess glazing or caulking compound, and other substances that


are noticeable vision-obscuring materials;

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

6. Remove dust, dirt, marks, stains, paint droppings and other blemishes and
leave in polished condition all equipment and material with exposed
finished surfaces, including, without limitation, ceilings, walls, doors,
counter tops, piping, ductwork, air inlet and outlet devices, hangers and
supports, unit ventilators, aluminum or stainless steel trim and finish
hardware;

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7. Clean exposed exterior and interior hard-surfaced finishes to a dust-free


condition, 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 smooth
even-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 clean
any roof drains;

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

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

13. Unless otherwise specified in the Plans and Specifications, the Contractor
shall strip, apply one (1) seal coat, two (2) finish coats of wax and shall
polish 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 premises
shall 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 provision
of paragraph GC 5.3 shall be invoked.

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


cleaning, the Construction Manager or the Architect may authorize
another Contractor, or engage a qualified cleaning company, to perform
the clean up, and deduct the cost from amounts due to those Contractors
responsible as the Construction Manager or the Architect recommend and
DCPL determines to be appropriate. The decision of DCPL on the
responsibility 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 product
in strict accordance with the manufacturer's printed instructions and
recommendations.

C. UNCOVERING THE WORK

1. If any Work is covered contrary to the requirements of the Plans and


Specifications or to the written request of the Architect or the Construction
Manager, such Work must, if required by the Architect or the Construction
Manager in writing, be uncovered for observation and replaced, if not in
conformity with the Plans and Specifications, and recovered at the
Contractor's expense.

2. If any Work has been covered in accordance with the Plans and Specifications
and is Work which the Architect or the Construction Manager had not
requested the opportunity to observe prior to covering, the Architect or the
Construction Manager may request that such Work be uncovered by the
Contractor.

3. If such Work is found not to be in conformity with the Plans and


Specifications, the Contractor shall pay all costs of uncovering, replacing and
recovering the Work, unless it is found by DCPL that such condition was
caused by another Contractor.

4. If such Work is found to be in conformity with the Plans and Specifications,


the cost of uncovering and replacing and recovering the Work shall, by
appropriate Change Order, be paid to the Contractor.

D. CORRECTION OF THE WORK

1. The Architect, through the Construction Manager, shall notify the Contractor
in writing if any Work is found by the Architect to be Defective, whether
observed before or after Contract Completion. The Architect or the
Construction Manager shall specify in the written notice the time within
which 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 in
the written notice, DCPL may correct such Work and seek recovery of all
costs, including any consequential damages, from the Contractor or the
Contractor's Surety.

E. SUBSTITUTIONS

1. Substitutes for Standards or Approved Equals shall not be considered after


the bid opening unless the Contractor can conclusively demonstrate to the
Architect one of the following conditions:

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


Contractor or the Contractor's Subcontractors and Material Suppliers;

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

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

F. LABOR

1. The Contractor shall maintain a sufficient workforce and enforce good


discipline and order among the Contractor's employees the employees of
the Contractor's Subcontractors and Material Suppliers. The Contractor
shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them.

2. The Contractor shall dismiss from the Project any person employed by the
Contractor or the Contractor's Subcontractors and Material Suppliers who
is found by DCPL, pursuant to a recommendation from the Construction
Manager or the Architect, to be incompetent, guilty of misconduct, or
detrimental to the construction of the Project.

3. The Contractor shall employ all legal efforts to minimize the likelihood or
effect 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 specific


standard such as a Commercial Standard, a Federal Specification, ASTM
certification or other similar standard, shall comply with the requirements in the
latest revision hereof.

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 the


requestor 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 specifically
modified in the contract specifications.

H.10 EQUIPMENT COORDINATION:

It shall be the responsibility of the Contractor to ascertain that the make and model of all
shop or factory fabricated equipment furnished not only meets all requirements of the
contract document, but it shall be of the proper physical size and dimension to fit the
space or area, ductwork, conduit, panel boxes, disconnect switches and related accessory
equipment. Where the physical size of any equipment is dependent upon other
equipment, coordination shall be done by the Contractor to assure that they are
compatible and will fit within the limitations of the space where they are to be located,
including coordinating of utility connections and coordination of space for servicing the
equipment, changing filters, cleaning tubes and similar operations.

H.11 STOPPAGE OF WORK AND CONTRACT TERMINATION:

If the Contractor fails to abide by any, or all, of the provisions of the contract, the
Contracting Officer reserves the right to stop all the work, or any portion thereof, affected
by the Contractor’s failure to comply with the contract requirements. This stoppage will
remain in effect until the Contractor has taken action to meet the contract requirements,
or any separable part thereof. After written notification and work stoppage, the District
may terminate the right of the Contractor to proceed as allowed in the following
provisions.

SUSPENSION OF THE WORK

1. If, in the judgment of DCPL, the Contractor is causing undue risk of damage to
any 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 the
Department, the safe and proper prosecution of the Work may be resumed. The
Department shall provide notice to the Contractor's Surety of any suspension
ordered pursuant to this Article.

2. Work Stoppage Due to Hazardous Materials

A. In the event the Contractor encounters materials reasonably believed to be


containing asbestos, polychlorinated biphenyl (PCB) or other hazardous
waste or material, which has not been rendered harmless, the Contractor
shall immediately stop Work in the area affected and report the condition
to DCPL, through the Construction Manager, in writing.

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B. The Work in the affected area shall be resumed upon written notice from
the Construction Manager that the material has been removed or rendered
harmless.
C. The term "rendered harmless" shall mean that the level of exposure is less
than any applicable exposure standards set forth in OSHA or other
applicable regulations.

3. In case of such suspension, an extension of time, if appropriate, will be allowed as


provided in the Plans and Specifications but no payment will be made to the
Contractor for any expense or damages resulting there from.

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

5. The Contractor shall, upon receipt of notice of suspension, cease Work on the
suspended activities and take all necessary or appropriate steps to limit
disbursements and minimize costs with respect thereto. The Contractor shall
furnish a report to DCPL, within five (5) days of receipt of the notice of
suspension, describing the status of the Work, including without limitation, results
accomplished, conclusions resulting there from, and such other information as
DCPL may require.

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

TERMINATION FOR CONVENIENCE

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

2. Upon receipt of the notice of termination for convenience, the Contractor shall
immediately, in accordance with instructions from DCPL, proceed with
performance of the following duties.
A. Cease operation as specified in the notice;
B. Place no further orders and enter into no further subcontracts for materials,
labor, services or facilities except as necessary to complete continued
portions of the Project;
C. Terminate all subcontracts and orders to the extent they relate to the Work
terminated;
D. Proceed to complete the performance of any Work not terminated;
E. Take actions that may be necessary, or that DCPL may direct, for the
protection and preservation of the terminated Work.

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

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

5. The Contractor shall be entitled to a fair and reasonable profit for all Work
performed and all expenses directly attributable to the termination of the contract.
In no event shall the Contractor's compensation exceed the total Contract price.

6. Any dispute as to the sum then payable to the Contractor shall be resolved in
accordance with the provisions of GC Article 8 of the General Conditions.

TERMINATION FOR CAUSE

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

2. If the Contractor fails to cure such failure or refusal within 20 days of receipt of
the notice, DCPL may terminate the Contract and employ upon the Work the
additional force, or supply the materials or such part of either as is appropriate,
and may remove Defective Work.

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

4. If the Contractor is so terminated, the Contractor shall not be entitled to any


further payment. If DCPL completes the Work and if the cost of completing the
Work exceeds the balance of the Contract price, including compensation for all
direct and consequential damages incurred by DCPL as a result of the
termination, such excess shall be paid by the Contractor or the Contractor's
Surety.

5. If the Contractor's Surety performs the Work, the provisions of the Plans and
Specifications shall govern such Surety's performance, with the Surety being
substituted for the Contractor in all such provisions including, without limitation,

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provisions for payment for the Work and provisions about the right of DCPL to
complete the Work.

CONTRACTOR BANKRUPTCY

1. If the Contractor shall file a voluntary petition in bankruptcy or shall have an


involuntary petition in bankruptcy filed against the Contractor, or if the
Contractor makes a general assignment for the benefit of creditors, or if a receiver
is 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 Surety
stating that any failure of the Contractor to provide adequate assurances of
continued performance will be considered a rejection of the Contract, which shall
result in termination of the Contract for cause. Such termination of the Contract
need 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, the
termination will be deemed to be a termination for convenience.

3. The Contractor's sole remedy for a wrongful declaration of default by the


Department shall be limited to recovery of profit on Work completed prior to such
declaration and reasonable expenses directly attributable to the termination of the
contract.

H.12 SUBCONTRACTORS AND MATERIAL SUPPLIERS:

A. DCPL’S APPROVAL

1. Within Thirty (30) days of the Notice to Proceed, the Contractor shall list the
Contractor'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 Material
Supplier. Failure of the Department or their designee, the Construction Manager,
to notify the Contractor of rejection within ten (10) days of receipt of such list
forms shall constitute notice that the Department has no objection.
3. If DCPL rejects any Subcontractor or Material Supplier, the Contractor shall
replace 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 after
execution 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 the
Contractor'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 creating


any 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 the
Contractor 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 and
Material Suppliers and of persons employed by them as he is for the acts and
omissions of persons directly employed by him, and shall be responsible for
scheduling and coordinating the Work of the Contractor's Subcontractors and
Material 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 the


District of Columbia, utilize the services of specialty subcontractor of those parts
of the work which are specified to be performed by specialty subcontractor.

6. The Government of the District of Columbia will not undertake to settle any
differences between the Contractor and his subcontractor or between
subcontractors.
7. Delays, interference, disruption, hindrance attributable to the Contractor's
Subcontractors or Material Suppliers shall be deemed to be within the control of
the Contractor.

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

9. The Contractor agrees to bind the Contractor's Subcontractor and Material


Supplier to the terms of the Plans and Specifications, so far as applicable to the
Work of such Subcontractor or Material Supplier.

D. No portion of the contract shall be subcontracted except with the prior written
consent of the Contracting Officer, or his authorized representatives, and such
consent, when given, shall not be construed to relieve the Contractor of any
responsibility for the fulfillment of the contract. Request(s) or permission to
subcontract any portion of the contract shall be in writing and accompanied by: (a)
a showing that the organization which will perform the work is particularly
experienced and equipped for such work, and (b) an assurance by the Contractor
that the Labor Standards Provisions set forth in this contract shall apply to labor

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performed on all work encompassed by the request(s). The request(s) also shall
provide the following information:

1. Subcontractors name, address, telephone number, and Federal Social


Security Number used on the Employers Quarterly Federal Tax Return,
U.S. Treasury Department Form 941.

2. Estimated dollar amount of the subcontract.

3. Estimated starting and completion dates of the subcontract.

4. The subcontractor approval request form included herein should be used to


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

E. Any work or service so subcontracted shall be performed pursuant to a


subcontract agreement, which the District will have the right to review and
approve prior to its execution by the Contractor. Any such subcontract shall
specify that the Contractor and the subcontractor shall be subject to every
provision of this contract. Notwithstanding any such subcontract approved by the
District, the Contractor shall remain liable to the District for all
Contractor’s work and services required hereunder.

F. WARRANTY AND GUARANTEE

1. The Contractor shall require each Subcontractor and Material Supplier to fully
warrant and guarantee, for the benefit of the Owner, the effectiveness, fitness for
the purpose intended, quality and merchantability of any Work performed or item
provided or installed by such Subcontractor or Material Supplier.

G. INDEMNIFICATION

1. INDEMNIFICATION FOR INJURY OR DAMAGE

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

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

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C. The indemnification obligations of the Contractor under paragraph GC 16.1.1


shall 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, hold
harmless, and defend DCPL, the Owner, the Architect and the Construction
Manager, their respective members, officers, consultants, agents,
representatives and employees, in both individual
and official capacities from and against all claims, damages, losses and
expenses arising out of the Contractor's infringement of patent rights or
copyrights.

H.13 USE OF PREMISES:

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

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

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

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

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

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

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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 not
to interrupt or interfere with the conduct of Government of the District of
Columbia and/or Washington Metropolitan Area Transit Authority (WMATA)
business.

H.14 PATENTS:

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

H.15 SAFETY PRECAUTIONS:

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

1. The Contractor or his representative shall be thoroughly familiar with


these standards and have copies of same available at the project site at all
times.

B. Operators of explosive-actuated tools shall have a training certificate, as required


by the Safety Code in their possession.

C. The Contractor shall be responsible for providing and installing adequate


temporary shoring or bracing for all walls, slabs and like constructions until such
items attain their design, strength, and stability.

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

2. Prior to execution of shoring and/or bracing, the Contractor shall submit


details and calculations for shoring and/or bracing designs for the COTR’s
review and concurrence.

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

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1. A Contractor’s attendant shall be present at all times when bituminous


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

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

E. The Contractor shall chute or hoist to the ground any and all the materials being
removed 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 being
executed, 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 to
Proceed (NTP) has been issued, one reproducible print plus three copies of an initial
schedule diagram plus three copies of computer reports and the narrative for the first
90 days of all the contract activities. When the total construction cost for the Project
is $500,000 or more, critical path scheduling methods shall be provided. The
Contractor 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 Chart
Schedule may be submitted for the first 60 days followed by the complete CPM
Schedule within 90 days of the Notice to Proceed. The Contractor shall submit all the
schedules and reports for approval by the COTR and Construction Manager, and all
schedules and reports must conform to the following minimum requirements:

A. Include activities for all Contractor submittals, including but not limited to
catalogue-cuts, samples, shop drawings and laboratory tests, approvals by
COTR and Construction Manager, procurements by Contractor, and
delivery 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 each


work activity showing cost and man-loading on arrow system plus a
narrative to facilitate monitoring and control of work progress and a
tool for measurement of progress payments.

2. Each field work activity shall have a maximum duration of 20


workdays. Provide identification of each phase of the Work including
any milestone dates required by the Construction Documents;
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3. Each activity shall show all the associated costs for the purpose of
progress payment, as required by Section G.4., with no front loading.
In addition, the sum total all the activity costs shall equal the total
amount of the contract award.

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

A. Monthly Progress Updates and Reports:

1. The Contractor shall submit monthly update by the 25th of each


month and the same shall include a narrative and three copies of “I-
J”, “J-I” and “Total-Float” computer printouts plus read/write CD’s of
all the activity data and schedules. These reports shall include the
actual start; percent complete or finish dates for each activity, as
mutually agreed with the COTR and Construction Manager plus any
approved logic changes.

2. In the case of any logic changes that result in any delay to the contract
milestone(s), the Contractor shall submit a revised schedule diagram
and the computer reports for approval by the COTR by the next
update reporting date.

3. The updated Construction Schedule shall be signed by the Contractor


and the Construction Manager which shall serve as an affirmation that
the Contractor can meet the requirements of the updated Construction
Schedule.

4. No payment will be made without an updated Construction Schedule


approved by all the Construction Manager, the Contractors, the
Architect and DCPL.

5. The Contractor shall revise the Contractor's plan for the Work
according to the comments received from the COTR and
Construction Manager and submit four (4) copies of a revised
Construction Schedule, to the Construction Manager within ten (10)
days after receipt.

6. Provide a graphic presentation of the sequence of the Work for the


Project in the media and format required by the project;

7. Provide activities and durations identified for all shop drawing review
and approval, product review and procurement, fabrication, shop
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inspection and delivery, including lead time, coordination drawing


delivery, Punch List, Project close-out requirements, Contract
Completion 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 the
schedule.

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

12. The Architect through the Construction Manager shall provide a


complete specification for a Critical Path Method (CPM) Schedule.
The Contractor shall develop the Construction Schedule data using
commercially available, Construction Manager recommended
personal computer software. Final copy schedules shall be provided
to the Construction Manager in color in full size and 11"x17" size.
All base line and monthly updated schedules shall be submitted in
electronic format to the Construction Manager. The CPM Schedule
Chart shall be used as a tool for scheduling and reporting sequenced
progress of the work. Provide clear graphics legend and other data
such as milestones, constraints and items required by the project,
Associate and Using Agency. On each submission show the state
project 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 and
description for each activity broken down to a 15 day maximum
duration, responsibility of each Contractor, Contractor's resources and
crew size for each activity, provide early start, early finish, late start,
late finish. Show predecessor activities and successor activities for
each activity entry free float, total float and percentage of completion
and identify the logic relationship between all activities.
Also, show all submittal dates, coordination drawing input, review
and approval durations. Unless otherwise specified, submit the CPM
Construction Schedule in graphic and tabular form. Provide a two
week look-ahead schedule print out for each weekly progress
meeting. Provide with each monthly schedule update a list of all
changes to the previously approved base line schedule or monthly
updated schedule. The CPM Construction Schedule shall be managed
using early start and early finish dates. Free float and total float
belong to the project and use of float associated with an activity is not
permitted without the concurrence of the owner and all other
contractors.

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13. Upon receipt of the Construction Schedule, DCPL shall review and
approve the Construction Schedule. Included with the submitted copy
of the Construction Schedule is a Schedule of Submittals required by
the Construction Documents.

14. Unless otherwise specified by the Plans and Specifications, the


Contractor shall, on a weekly basis, prepare and submit to the
Construction Manager a written report describing activities begun or
finished during the preceding week, Work in progress, expected
completion of the Work, a look-ahead projection of all activities to be
started or finished in the upcoming two (2) weeks, including without
limitation, the Contractor's workforce crew size and total resource
hours associated with such Work and any other information requested
by the Construction Manager or Architect.

15. When it is apparent to the Construction Manager that critical path


activities, scheduled milestone completion dates, or Contract
Completion dates will not be met, the Construction Manager, when
required, shall submit for review and approval, a time recovery plan
to the Contractors. Contractors shall abide by the time recovery plan
to avoid or minimize any delay. The Construction Manager shall
provide monthly progress reports to DCPL and the Architect which
shall include such recommendations for adjusting the Construction
Schedule to meet milestone completion and Contract Completion
dates.

16. Such a plan may include, without limitation, increasing the


Contractor's workforce in such quantities as will eliminate the
backlog of Work; increasing the number of working hours per shift,
shifts per workday, workdays per week, the amount of construction
equipment, or any combination thereof; rescheduling of activities to
achieve maximum practical concurrency of Work efforts.

17. Submit a tabular copy showing all changes to the previously approved
schedule including without limitation, logic, float and actual start date
of activities. The updated Construction Schedule shall be submitted to
DCPL 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 this
project. If within the period of construction, a time extension or extensions are granted in
writing by the Contracting Officer, the Contractor shall incorporate the extension in the
next monthly update.

C. TIME OF ESSENCE

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1. Time is of the essence to the Plans and Specifications and all obligations there
under. By executing the Contract, the Contractor acknowledges that the time for
Contract Completion and any specified milestone completion dates are
reasonable, 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 for
commencement 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 be
completed based upon the Contractor achieving Contract Completion within the
Contract 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 the
order and time as provided in the Construction Schedule.

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

6. The Contractor agrees that the possibility that the Contractor may be subject to
interference, disruption, hindrance or delay in the progress of the Work from any
and all causes is within the contemplation of the parties and that the sole remedy
for 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 in


the progress of the Work by any of the following causes, the Contract time shall
be extended for such reasonable time which the Construction Manager
determines, 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 or


contiguous Work; or;

4. By any unforeseeable cause beyond the control and without fault


or 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 to
paragraph 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 or
mitigation of Liquidated Damages for any delay listed in paragraph F.1.B,
including, without limitation, costs of acceleration, consequential damages, loss
of efficiency, loss of productivity, lost opportunity costs, impact damages, lost
profits or other similar remuneration.

2. The Contractor agrees that the possibility that the Contractor may accelerate its
performance to meet the Construction Schedule is within the contemplation of the
parties 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 to
the Construction Manager no more than ten (10) days after the initial occurrence
of any condition which, in the Contractor's opinion, entitles the Contractor to an
extension of time. Failure to provide such timely notice to the Construction
Manager shall constitute a waiver by the Contractor of any claim for extension,
damages or mitigation of Liquidated Damages, to the fullest extent permitted by
law.

2. The Contractor shall notify the Construction Manager in writing providing the
following 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 the
interference, disruption, hindrance or delay, or new activities created by
the interference, disruption, hindrance or delay and the relationship with
existing 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 Construction
Manager shall evaluate the facts and extent of any interference, disruption,
hindrance or delay to the Work, consult with DCPL about the request and respond
in writing to the Contractor.

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2. The Contract Completion time may only be extended by execution of an


appropriate 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, time


extensions 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 Contract
Completion 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 Liquidated
Damages.

H.17 GUARANTEE OF WORK:

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

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 guaranteed
under another contract, he shall restore such disturbed work to a condition
comparable to its original condition and guarantee such restored work to the same
extent as it was guaranteed under such other contracts.

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 by
other Contractors, the District of Columbia may (1) either have such work
performed as the Contracting Officer deems necessary to fulfill such guarantee, or
(2) allow all such damaged or defective work to remain in such unsatisfactory
condition; provided that the Contractor shall promptly pay the District of
Columbia the sum estimated by the Contracting Officer under the provision of
paragraph B above to represent the amount which would have been necessary to
expend to fulfill such guarantee. Everything done in the fulfillment of any
guarantee shall be without additional expense to the Government of the District of
Columbia.

D. Special guarantee: The Contractor shall provide a written guarantee of the


following for the extended periods and to the extent stated below:
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1. Guarantee buried tanks for five (5) years against deterioration to the point
of failure and against structural failure due to improper installation
procedures.

2. Guarantee heating and air conditioning equipment, except expendable


components such as filters, for two (2) full operating seasons or the
equivalent thereof against all conditions except vandalism or improper
maintenance.

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

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

H.18 PROTECTION:

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

B. The Contractor shall take precautions for the safety of persons on the Project and
shall comply with all applicable provisions of federal and municipal safety laws
and 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 Contractors
of 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 to
inspection and approval of the appropriate authority having jurisdiction over the
Project site.

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

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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 damages


arising out of the nature of the work to be done, or due to any unforeseen
or usual obstructions or difficulties which may be encountered in the
accomplishment of the work, or resulting from the work, or resulting from
the action of the elements; and

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


property.

G. EMERGENCY

1. In the event of an emergency affecting the safety of persons, the Project or


adjacent property, the Contractor, without special instruction or
authorization, 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 the
Work or variation from the Plans and Specifications has been caused by
any 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 which


the Contractor’s employees are not performing actual site work.

2. Lights:

a. Illumination of the worksite during non-daylight hours is required


of the Contractor at the Contractor’s expense.

I. PROTECTION OF THE PROJECT

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

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2. Work likely to be damaged shall be covered or protected at all times to


prevent damage.

3. Any Work damaged by failure of the Contractor to provide coverage or


protection shall be removed and replaced with new Work at the
Contractor's expense.

4. Any adjacent property, including without limitation roads, walks,


shrubbery, plants, trees or turf, damaged during the Contractor's Work
shall be properly repaired or replaced at the Contractor's expense.

5. Unless otherwise specified in the Plans and Specifications, the Contractor


shall protect the Project and existing or adjacent property from damage at
all times and shall erect and maintain necessary barriers, furnish and keep
lighted necessary danger signals at night, and take precaution to prevent
injury or damage to persons or property.

6. The Contractor shall not load, nor permit any part of the Project to be
loaded, in any manner that will endanger the Project, or any portion
thereof, nor shall the Contractor subject any part of the Project or existing
or adjacent property to stress or pressure that will endanger the property.

7. The Contractor shall provide all temporary bracing, shoring and other
structural support required for safety of the Project and proper execution
of the Work.

8. Unless otherwise specified in the Plans and Specifications, the Contractor


shall remove all snow and ice as may be required for access to the Project.

H.19 UNDERGROUND SERVICES:

A. ACTIVE: The District has made its best efforts to show all active services on the
contract drawings and specifications. However, the District gives no assurance
that there are no other active services in areas in which work is to be performed.
If during execution of work, other active services are encountered that necessitate
changes in drawings or specifications, the Contractor shall make the required
adjustments.
B. INACTIVE OR ABANDONED: If, during execution of work, the Contractor
encounters inactive or abandoned services not shown or specified, the Contractor
shall notify the Contracting Officer as set forth in Article 4 of the Standard
Contract Provisions.

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H.20 EXISTING CONDITIONS: (where applicable)

A. The Contractor shall verify by actual measurement existing work required to


connect with work now in place before the Contractor commences actual work at
the site. The Contractor shall ensure that new work in extension of existing work
shall correspond in all respects with that to which it connects unless otherwise
indicated or specified.

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

C. INTERRUPTION OF EXISTING SERVICES

1. Whenever it becomes necessary to interrupt existing services in use by the


Owner, such as sewer, water, gas and steam lines, electric or telephone
and cable service, the Contractor responsible for the Work shall continue
the Work on a 24 hour basis until the Work is completed and the service
restored, or at such alternate time required by DCPL.

2. Before beginning such Work, the Contractor shall, through the


Construction Manager, apply in writing to and receive approval in writing
from the Owner and the authority with appropriate jurisdiction over the
Project, to establish a time when interruption of the service will cause a
minimum 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 from
those upon which the Plans and Specifications permit the Contractor to
rely and differing materially from those ordinarily encountered and
generally recognized as inherent in the Work of the character provided for
in the contract, the Contractor shall notify the Architect, through the
Construction Manager, in writing of such conditions, before they are
disturbed.

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

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

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

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

3. Manuals shall show the location of all items requiring periodic


maintenance operations and specify recommended intervals of
maintenance and recommended lubricants, and a listing of spare parts.

4. Manuals shall include diagrammatic sketches or actual layouts of


mechanical and electrical system showing location of all control items
such as fuses, circuit breakers, indicator lights, dials, gauges, valves,
thermostats, aquatints, cleanouts, and switches.

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

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

H.22 EROSION AND POLLUTION CONTROL:

A. The Contractor shall provide erosion control facilities as approved and as required
for fulfilling the requirements of Health Regulations of the District of Columbia.

B. The Contractor shall take such measures, as determined to be adequate in the


opinion of the Contracting Officer, which will prevent soil erosion from the site in
question.

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

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

H.23 GOVERNMENT INSPECTORS:

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

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

H.24 DRAWINGS AND SPECIFICATIONS:

A. Pursuant to Article 2 of the General Provisions, Standard Contract Provisions, the


general character and scope of the work are illustrated by the specifications and
drawings listed in Section C.6 and included in Attachment J.1. Any additional
detail drawings and other information deemed necessary by the Contracting
Officer will be furnished to the Contractor when and as required by the work.

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


drawings shall govern.

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

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

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 shall
govern.

H.25 REFERENCE TO CODES AND REGULATIONS:


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

B. Where the requirements of these specifications exceed the referred requirements


of the codes and regulations, these specifications shall govern.

C. Requirements of codes and regulations shall include revisions, amendments and


supplements thereto in effect on the closing date of the Request for Proposal
(RFP). The RFP will be amended to conform it to such code and regulation
changes that occur after the closing date.

H.26 SINGULAR OR PLURAL NUMBERS:

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

H.27 ENGINEERING AND LAYOUT SERVICES:

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

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

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

H.28 BUILDING LINES AND BATTER BOARDS:

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


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

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

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

3. Within 10 working days of receiving the plat of computations, the


Contractor shall submit to the COTR two (2) copies of plat showing such
lines and grades with a registered professional surveyor’s certification of
their correctness.

H.29 WALL CHECK:

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

B. The Contractor shall obtain certification by the D.C. Surveyor’s Office of the
location of the foundation walls by submitting his registered professional
surveyor’s certification prior to proceeding with construction.

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

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

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

2. The Contractor shall furnish such materials and labor, as necessary, to


make the piping, ducts and conduit modifications as required, due to
building obstructions and to complete the installation in accordance with
best practice of the trades and the satisfaction of the COTR.

H.31 PLANS AND SPECIFICATIONS FURNISHED:

A. The District will furnish to the Contractor, free of charge, two (2) sets of drawings
and specifications. The Contractor is responsible for the reproduction or otherwise
obtaining all Plans and Specifications in excess of the numbers stated above,

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

H.32 PHOTOGRAPHS:

A. Site Condition Photographs: Prior to start of construction work, the Contractor


shall provide a minimum of five (5) site condition photographs of adjoining
private and public property, including sidewalks, driveways, curbs, gutters,
fences, trees, shrubbery, retaining walls and other improvements on and around
the perimeter of the project site which may be subject to damage claims. The
location of photographs shall be as directed by the COTR. Photographs shall
conform to requirements specified below.

B. Progress Photographs: The Contractor by the 15th day of each month shall
submit progress photographs of the site at each work area. The requirements for
such photographs are as follows:

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 ¾


inch clear paper at bottom of the 10 ½ inch side, with the following
information 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; and
e. Serial numbers.

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


the left side.

5. Number of photographs in each submission:

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 cleaned
up and the project is ready for acceptance by the District, the Contractor shall
furnish to the COTR two (2) prints each of four (4) photographs, plus the
negatives, 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 information


printed in back:

a. Name of project; and


b. 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 in
accordance 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 cameras
that provide the same degree of clarity and proper contrast. However, all the
submittals 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 MODIFICATIONS TO ARTICLE 3, SECTION E, CHANGES, OF THE


STANDARD CONTRACT PROVISIONS, GENERAL PROVISIONS SECTION:

A. The purpose of this section is to define a standard procedure for determining


reasonable costs and times for purpose of making equitable adjustments under
Article 3, CHANGES, of the Standard Contract Provisions, General Provisions
section.

B. Unless otherwise specifically provided in the contract, the following procedure


shall be used:

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


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

2. If the parties fail to agree upon an equitable adjustment prior to the time
the proposed change affects the contract work, or if the Contracting
Officer determines it is not feasible to reach an agreement regarding an
equitable adjustment, either due to lack of time or other reasons, the
Contracting Officer will order the change in accordance with Article 3 of
the General Provisions and the Contractor shall proceed with the execution
of the work so changed.
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C. Equitable adjustments shall be determined in the following manner, unless


otherwise specifically stated in the contract.

1. Whenever a change is proposed or directed, the Contractor shall submit a


proposal or breakdown within fifteen (15) days of its receipt of the
change, and the proposal will be acted upon promptly by the Contracting
Officer.

2. Price Adjustments

a. If agreement on costs cannot be reached prior to execution of


changed work, payment will be made for the actual costs provided
records of such costs are made available and that such costs are
reasonable and predicated on construction procedures normally
utilized for the work in question. If not, then payment shall be
based on standard trade estimating practice.

b. Where basis of equitable adjustments is the actual cost incurred in


performing changed work, the Contractor shall furnish the District
with a complete breakdown of costs, covering the subcontractor
work, as well as his own, individually itemizing the following:

i. Material quantities and unit prices


ii. Labor hours and basic hourly rate for each labor classification
iii. Fringe benefits rate for each classification
iv. Construction equipment
v. Overhead
vi. Profit
vii. Commission
viii. FICA, FUTA and DUTA (applied in basic hourly wage costs).

c. The Contractor shall furnish substantiation of fringe benefits,


workmen compensation, FICA, DUTA, FUTA and State
unemployment taxes at the request of the District.

d. The percentage for overhead, profit and commission to be allowed


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

Overhead Profit Commission

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1. To Contractor on work - - 10% of value of


performed by other than
his/her own forces.

2. To Contractor and/or 10% 10% -


Subcontractor for that
portion of work performed
by their respective forces.

3. From Contractor on - - 5% of value of deleted


deleted work to have been work
performed by other than
his/her own forces.

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


Subcontractor on deleted work
work to have been performed by
his/her own forces.

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

f. Where more than one tier of subcontractors exists, they shall be


treated as one subcontractor for purposes of markups. That is, only
one overhead and one profit percentage for the subcontractors and
one commission percentage for the prime Contractor shall be
applied to actual cost of work performed regardless of the number
of tiers of subcontractors.

3. Changes in the period of performance: Where a change affects the time


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

4. The changes in the contract period of performance, if any, resulting from


change order work will be calculated in the following manner:

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

b. Should new work activities be required to supplement existing


activities, they will be incorporated into the computer printout to
verify total effect, if any, on the contract completion date.

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c. Every attempt will be made to reach an agreement between the


Contractor and the COTR on the number of days by which activity
duration will be extended. Should an agreement not be reached
within fifteen (15) days after Contractor receives the directive, the
COTR will assign a reasonable duration to be used in
determination of job progress.

D. If performance of the work is delayed by any of the causes specified in Paragraph


H16 herein or Article 5 of the General Provisions, TERMINATION-DELAYS, of
Standard Contract Provisions for Construction Contract, dated January 2007, as
amended, a contract time extension may be justified.

1. The Contractor, when requesting an extension to the contract


period of performance, must submit the same in writing with
supporting facts and backup documentation plus a detailed
explanation that must include, but be not limited to, the
following:

a. 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 contract
completion

h. In the case of late delivery of materials and/or equipment, back up


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

2. All documentation should demonstrate that any delay was unforeseeable


and without the fault or negligence of the Contractor, subcontractor or
supplier involved. The Contractor will be entitled only to the additional
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number of days the project is delayed which is not concurrent with another
delay for which a time extension has been granted or for which a valid
request has been submitted.

3. In case of delays due to strikes, documentation shall include evidence of


when and what trades struck, with reasons for the strike, prompt submittal
of notice when the strike was ended and the date thereof, analysis of the
effect of the strike on the completion of the contract work.

4. In case of delays due to unusually severe weather, documentation shall


include daily temperature and precipitation records for each period of
delay involved and explanation of delaying effect, including number of
days that the construction activities on the current critical path at the time
were actually delayed, including any extended impact, beyond the normal
anticipated days of delay due to the weather conditions.

5. Notwithstanding any other provision of the Plans and Specifications, time


extensions for changes in the Work will depend upon the extent to which
the change causes delay in Work on the Critical Path of the Construction
Schedule, if applicable, as determined pursuant to paragraph H16.F or
H16.G.

6. If the circumstances are that extending the Contract Completion date is not
possible, the Contractor shall price all costs of accelerated performance in
the Contractor's Proposal.

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

E. COST AND PRICING DATA (applicable to a Change Order or Modification) :


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


reduction.
3. Cost or pricing data includes all facts as of the time of price agreement
that prudent buyers and sellers would reasonably expect to affect price
negotiations significantly. Cost or pricing data are factual, not judgmental,
and are therefore verifiable. While they do not indicate the accuracy of the
prospective Contractor’s judgment about estimated future costs or
projections, cost or pricing data do include the data forming the basis for
that judgment. Cost or pricing data are more than historical accounting
data; they are all the facts that can be reasonably expected to contribute to
the soundness of estimates of future costs and to the validity of
determinations of costs already incurred.
4. The following specific information should be included as cost or pricing
data, as applicable:
(a) Vendor quotations;
(b) Nonrecurring costs;
(c) Information on changes in production methods or purchasing
volume;
(d) Data supporting projections of business prospects and objectives
and related operations costs;
(e) Unit cost trends such as those associated with labor efficiency;
(f) Make or buy decisions;
(g) Estimated resources to attain business goals;
(h) Information on management decisions that could have a significant
bearing on costs.
5. If the Contractor is required to submit cost or pricing data in connection with
pricing any change order or modification of this contract, the Contracting
Officer or representatives of the Contracting Officer shall have the right to
examine all books, records, documents and other data of the Contractor
(including computations and projections) related to negotiating, pricing, or
performing the change order or modification, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data. The right of
examination shall extend to all documents necessary to permit adequate
evaluation of the cost or pricing data submitted, along with the computations
and projections used. Contractor shall make available at its office at all
reasonable times the materials described above for examination, audit, or
reproduction until three years after the later of:
(a) final payment under the contract;

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(b) final termination settlement; or


(c) the final disposition of any appeals under the disputes clause or
of litigation or the settlement of claims arising under or relating
to the contract.
H.34 SCAFFOLDING:

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

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 to
use other types of scaffolds provided:

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

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

H.35 EXISTING EQUIPMENT REMAINING IN USE: (Where applicable)

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

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 on
equipment remaining in use.

H.36 TESTING AND CARE OF DRAINAGE FACILITIES:

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

1. On projects where work is to be executed in the area of roof drains and


areaways drains, the Contractor shall conduct a hose test on each drain

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

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


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

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 that
the lines are clear and will handle their full capacity. Test shall be
conducted with any apparatus that will establish the rate of flow.

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 the
testing.

C. The Contractor shall promptly notify the COTR in writing of any existing drain
lines found to be deficient. The Contracting Officer will initiate remedial action
by D.C. Government personnel or issue a change order in accordance with
provisions of Article 3, CHANGES, of the Standard Contract Provisions, General
Provisions section.

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

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 by
the Contractor. They shall include all the information shown on the contract set
of drawings, and all deviations, modifications, or changes from those drawings,
however minor, which were incorporated in the work, including all additional
work not appearing on the contract drawings, and all changes which are made
after any final inspection of the contract work. In the event the Contractor
accomplished additional work which changes the as-built conditions of the facility
after submission of the final as-built drawings, the Contractor shall furnish revised
or additional drawings as required to depict final as-built conditions. The
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requirements for these additional drawings will be the same as for the as-built
drawings specified in this paragraph.

B. Preliminary As-Built Drawings: The Contractor shall maintain a full size set of
contract drawings for depicting a daily record of as-built conditions. The
drawings shall be maintained in a current condition at all times during the entire
contract period and shall be readily available for review by the COTR at all times.
These drawing shall be updated daily by the Contractor showing all changes from
the contract plan which are made in the work, or additional information which
might be uncovered in the course of construction. The Contractor shall record
this information on the prints accurately and neatly by means of details and notes.
The As-Built Drawings shall show, but not be limited to, the following details:

1. The location and description of any utility lines or other installations of


any kind or description known to exist within the construction area. The
location includes dimensions of permanent features.

2. The location and dimension of any changes within the building or


structure, and the accurate location and dimension of all underground
utilities and facilities.
3. Correct grade or alignment of roads, structures, or utilities if any changes
were made from contract plans.
4. Correct elevations if changes were made in site grading.
5. Changes in details of design or additional information obtained from
working drawing specified to be prepared or furnished by the Contractor,
including but not limited to fabrication, erection, installation and placing
details, pipe sizes, insulation material, and dimension of equipment
foundations.
6. The topography and grades of all drainage installed or affected as part of
the project construction.
7. All changes or modifications of the original design that result from final
inspection.
8. Where Contract Drawing or Specifications allow options, only the option
actually used in the construction shall be shown on the as-built drawings.
The option not used shall be deleted.
C. Submittals of As-Built Drawings: The Contractor shall submit to COTR for
review and approval all As-Built Drawings using the following procedure:

1. Deliver two (2) copies of the preliminary As-Built marked prints to the COTR at
the time of final inspection of each facility for review and approval.

2. If upon review of the preliminary As-Built Drawings, the COTR finds errors or
omissions, the COTR will return the drawings to the Contractor for corrections.

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The Contractor shall complete the corrections and return the drawings to the
COTR 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 in
preparation of the final As-Built Drawings.

4. The Contractor shall incorporate the information from the approved preliminary
As-Built Drawings into the final As-Built mylar in a neat, accurate and
professional 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 all
Project record documents to the Architect, through the Construction Manager,
for approval, which may include, without limitation:

D. Draftsmanship: The Contractor shall employ only personnel proficient in the


preparation of engineering drawings to standard, who are satisfactory and
acceptable to the COTR to modify reproducible contract mylar or prepare new
drawings. All additions and corrections the Contractor makes to the contract
mylar shall be neat, clean, and legible and shall match the adjacent existing line
work or lettering annotated in type, density, size and style. The Contractor shall
prepare all pencil work with plastic drawing lead suitable for use on mylar
material, and shall use the grade of lead that will produce a sharp clear heavy
black line similar to ink.

E. Final As-Built Drawings: Upon completion of the Work, the Contractor shall
organize the As-Built Drawings into manageable sets, bind the sets with durable
paper cover sheets, certify to the accuracy of the As-Built Drawings by signature
thereon, and deliver the As-Built Drawings to the Architect, through the
Construction Manager. The Contractor shall letter or stamp the final revisions to
the As-Built drawings with the words “RECORD DRAWING” in letters at least
3/8 inch high placed above the title block, if space permits; if not, below the title
block 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 latest
existing revision notation. The COTR will not permit markings on the reverse
side of the drawings. The Contractor shall use the following details for labeling,
sizing and formatting the drawings:

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

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

3. The COTR will review any final as-built drawings for accuracy and
conformance 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 days
after the final inspection of the facility to which the drawings apply, unless
additional time is granted by the COTR.

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

6. The Owner may thereafter use the Record Drawings for any purpose
relating to the Project including, without limitation, additions to or
completion of the Project.

H.38 51% DISTRICT RESIDENTS NEW HIRES/FIRST SOURCE EMPLOYMENT


AGREEMENT:

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

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

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

2. The first source for finding employees to fill any vacancy


occurring in all jobs covered by the First Source Employment
Agreement shall be the First Source Register.

H.38.3 The Contractor shall submit to DOES, no later than the 10th each month
following execution of the contract, a First Source Agreement Contract
Compliance Report (“contract compliance report”) verifying its
compliance with the First Source Agreement for the preceding month.
The contract compliance report for the contract shall include the:

1. Number of employees needed;

2. Number of current employees transferred;

3. Number of new job openings created;

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4. Number of job openings listed with DOES;

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

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

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

H.38.4 If the contract amount is equal to or greater than $100,000.00, the


Contractor agrees that 51% of the new employees hired for the contract
shall be District residents.

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

1. Document in a report to the Contracting Officer its compliance with


the section H.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 following
documentation:

a. Material supporting a good faith effort to comply;

b. Referrals provided by DOES and other referral sources;

c. Advertisement of job openings listed with DOES and other


referral sources; and

d. Any documentation supporting the waiver request pursuant


to section H.38.3.

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

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

b. The Contractor is located outside the Washington Standard


Metropolitan Statistical Area and none of the contract work is
performed inside 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, and
Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince
William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpepper,
Spotsylvania, and King George; the Maryland Counties of
Montgomery, Prince Georges, Charles, Frederick, and Calvert; and
the West Virginia Counties of Berkeley and Jefferson.

c. The Contractor enters into a special workforce development


training or placement arrangement with DOES; or

d. DOES certifies that there are insufficient numbers of District


residents in the labor market possessing the skills required by the
positions created as a result of the contract.

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

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 through
imposition of penalties, including monetary fines of 5% of the total
amount of the direct and indirect labor costs of the contract. The
Contractor shall make payment to DOES. The Contractor may appeal to
the D.C. Contract Appeals Board as provided in the contract any decision
of the Contracting Officer pursuant to this section H.38.3.

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


nonprofit organizations.

H.39 AUDITS, RECORDS, AND RECORD RETENTION:

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 vouchers
and statements of cost audited. Any payment may be reduced by amounts
found by the Contracting Officer not to constitute allowable costs as
adjusted for prior overpayment or underpayment. In the event that all
payments have been made to the Contractor by the District Government
and an overpayment is found, the Contractor shall reimburse the District
for said overpayment within thirty (30) days after written notification.
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H.39.2 The Contractor shall establish and maintain books, records, and
documents (including electronic storage media) in accordance with
generally accepted accounting principles and practices which sufficiently
and properly reflect all revenues and expenditures of funds provided by
the District under the contract that results from this solicitation.

H.39.3 The Contractor shall retain all records, financial records, supporting
documents, statistical records, and any other documents (including
electronic storage media) pertinent to the contract for a period of five (5)
years after termination of the contract, or if an audit has been initiated and
audit findings have not been resolved at the end of five (5) years, the
records shall be retained until resolution of the audit findings or any
litigation which may be based on the terms of the contract.

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

to inspection, review, or audit by Federal, District, or other personnel duly


authorized by the Contracting Officer.

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

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

H.40 PUBLICITY:

The Contractor shall at all times obtain the prior written approval from the
Contracting Officer before the Contractor, any of its officers, agents, employees
or subcontractor, either during or after expiration or termination of the contract,
make any statement, or issue any material, for publication through any medium of
communication, bearing on the work performed or data collected under this
contract.

H.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 any
record produced or collected pursuant to a District contract with a private
Contractor to perform a public function, to the same extent as if the record were
maintained by the agency on whose behalf the contract is made. If the
Contractor receives a request for such information, the Contractor shall
immediately send the request to the COTR designated in subsection G.8 who
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will provide the request to the FOIA Officer for the agency with programmatic
responsibility in accordance with the D.C. Freedom of Information Act. If the
agency with programmatic responsibility receives a request for a record
maintained by the Contractor pursuant to the contract, the COTR will forward a
copy to the Contractor. In either event, the Contractor is required by law to
provide all responsive records to the COTR within the timeframe designated by
the COTR. The FOIA Officer for the agency with programmatic responsibility
will determine the reliability of the records. The District will reimburse the
Contractor for the costs of searching and copying the records in accordance with
D.C. Official Code § 2-532 and Chapter 4 of Title 1 of the D.C. Municipal
Regulations.

H.42 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA):

During the performance of the contract, the Contractor and any of its
subcontractors shall comply with the ADA. The ADA makes it unlawful to
discriminate in employment against a qualified individual with a disability.
See 42 U.S.C. 12101 et seq.

H.43 SECTION 504 OF THE REHABILITATION ACT OF 1973, AS


AMENDED:

During the performance of the contract, the Contractor and any of its
subcontractors shall comply with Section 504 of the Rehabilitation Act of l973, as
amended. This Act prohibits discrimination against disabled people in federally
funded program and activities. See 29 U.S.C. 794 (l983) et seq.

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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 Columbia
Government Construction Projects, dated January 2007 and amendments thereto are
incorporated 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 dated
1/8/2010 issued by the U.S. Department of Labor for Building Construction
contracts 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 requires


the correct wage determination and the appropriate wage rates therein, is
incorporate into this contract, General Wage Decision No. DC080004 dated
1/8/2010 is bound herein and contains the specific applicable wage rates, which
are Building Construction Rates.

C. Further, as set forth in 29 CFR, Part 1, Section 1.6 (c) (3) (IV), if the intent to award
letter is not issued within ninety (90) days of bid opening, all intervening
modifications (or new wage decision) are made a part of this contract. The
Contractor will be reimbursed this added labor cost.

I.3 CONFLICT OF INTEREST:

A. No official or employee of the District of Columbia or the Federal Government


who exercises any functions or responsibilities in the review or approval of the
undertaking or carrying out of this contract shall, prior to the completion of the
project, voluntarily acquire any personal interest, direct or indirect, in the contract
or 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 Personnel
Regulations).

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

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I.4 EQUAL EMPLOYMENT OPPORTUNITY:

In accordance with the District of Columbia Administrative Issuance System, Mayor’s


Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment
Opportunity Information Report are incorporated in Section K. An award cannot be
made to any Bidder who has not satisfied the equal employment requirements as set forth
by the Department of Small and Local Business Development.

I.5 INSURANCE:

A. GENERAL REQUIREMENTS. Prior to commencement of any work under this


Contract, and in addition to other insurance bonds or securities required by law or
under the Contract terms, the Contractor shall procure and maintain during the life
of 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 out
of or result from the Contractor's performance or obligations under the Plans
and Specifications, whether due to action or inaction by the Contractor or any
person for whom the Contractor is responsible. The Contractor shall furnish
evidence satisfactory to the Contracting Officer with respect to the operations
performed by it, its employees and subcontractor, it carries in its own behalf,
Owners’ and Contractors’ Protective Liability Insurance. If this Contract is
for building construction, the Commercial General Liability policy must be
endorsed to include coverage for Explosion, Collapse and Underground
(XCU). The policy must name the District as an additional insured, contain a
waiver 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 or


personal injury, and other claims usually covered by bodily injury liability
insurance;

4. Claims for damages because of injury to or destruction of property and other


claims 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 or
Excess 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 or


determined to be high risk must carry Umbrella/ Excess Liability
Insurance with $5,000,000.00 limits per occurrence. The policy must
name 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 hazardous
conditions, higher Umbrella/ Excess Liability limits may be required.

7. Workers’ Compensation. The Contractor shall carry according to the


statutes of the District of Columbia workers' compensation insurance
covering all of its employees employed upon the premises and in
connection with its other operations pertaining to this Contract, including
Employer’s Liability, $100,000.00 per accident for injury, $100,000 per
employee for disease, $500,000.00 policy limit disease. The policy must
contain a waiver of subrogation endorsement. The Contractor agrees to
comply, at all times, with the provisions of the workers' compensation
laws of the District.

8. Automobile Liability Insurance. The Contractor shall furnish automobile


liability insurance to cover all owned, hired or non-owned motor vehicles
used in conjunction with the project. The policy shall cover the operations
performed in the District with a $1,000,000.00 per occurrence combined
single limit for bodily injury and property damage. The policy coverage
shall be Primary and Non-Contributory.

9. Builder’s Risk Insurance. When a Contractor is involved solely in the


installation of materials and equipment and not in new building
construction, the Contractor shall purchase and maintain either a Builder's
Risk, Builder's Risk-Renovations, or Installation Floater insurance policy.
Contractor shall provide a Builder’s Risk policy or Installation Floater
with limits equal to the projected market value of the completed project to
cover property damage to existing facilities at the site. This policy is not
required for contracts involving demolition only.

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


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

B. INSURANCE POLICY REQUIREMENTS

1. Each policy of insurance required to be purchased and maintained by the


Contractor 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 30


days prior written notice shall be given to DCPL in the event of cancellation,
non-renewal, expiration or material alteration of the coverage contained in
such policy or evidenced by such Certificate of Insurance.

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

3. The Contractor shall maintain all insurance in the required amounts, without
interruption, from the date of the execution of the Contract until the date of
approval of the certificate of Contract Completion by DCPL Failure to
maintain the required insurance during the time specified shall be cause for
termination of the Contract.

4. Insurance policies required to be purchased and maintained by the Contractor


may 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 loss


or damage shall be the Contractor's responsibility and shall be accomplished
at no additional cost to the State.

C. WAIVERS OF SUBROGATION

1. DCPL and the Contractor waive all rights against each other for damages
caused by fire or other perils to the extent of actual recovery of any insurance
proceeds under any property insurance obtained pursuant to this Article or
other property insurance applicable to the Work, except such rights as they
have 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 Cooperative
Operations Research and Development (ACORD) form and receive approval
from the Contracting Officer prior to commencement of any work. The Contractor
shall obtain the insurance from responsible companies licensed by the District of
Columbia's Department of Banking, Insurance and Securities Regulation and shall
deliver 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 or
material alteration.

E. DURATION. The Contractor shall carry all insurance until all contract work is
accepted 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 cancel
this policy, except after thirty (30) days written notice, by certified mail, to the
Contracting Officer.

F. CONTRACTOR’S PROPERTY. Contractors and subcontractor are solely


responsible for any loss or damage to their personal property, including owned
and leased equipment, whether such equipment is located at a project site or “in
transit”. This includes Contractor tools and equipment, scaffolding and temporary
structures, and rented machinery, storage sheds or trailers placed on the project
site.

G. MEASURE OF PAYMENT. The District will not make any separate measure or
payment 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 for
employment in violation of Section 211 of the District of Columbia Human
Rights Act (DC Law 2-38; DC Official Code Section 2-1402.11);

2. Shall include a similar clause in every subcontract, except subcontracts for


standard 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 Columbia
Human Rights Act (DC Official Code Section 2-1402.51).

I.7 PRE-AWARD APPROVAL:

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

I.8 DISPUTES:

A. All disputes arising under or relating to this contract shall be resolved as provided
herein.
B. Claims by a Contractor against the District.
Claim, as used in Section B of this clause, means a written assertion by the
Contractor 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 or
relating 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 that
provides for the relief sought by the claimant.
(a) All claims by a Contractor against the District arising under or relating to
a contract shall be in writing and shall be submitted to the Contracting
Officer for a decision. The Contractor’s claim shall contain at least the
following:
(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 dispute
prior to filing the claim; and
(4) The Contractor’s request for relief or other action by the contracting
officer.
(b) The Contracting Officer may meet with the Contractor in a further attempt
to resolve the claim by agreement.
(c) For any claim of $50,000.00 or less, the Contracting Officer shall issue
a decision within sixty (60) calendar days from receipt of a written request
from a Contractor that a decision is rendered within that period.
(d) For any claim over $50,000.00, the Contracting Officer shall issue a
decision within ninety (90) calendar days of receipt of the claim.
Whenever possible, the Contracting Officer shall take into account factors
such 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, determine
the 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 contract


claim 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 Contract


Appeals 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 it
is determined that the inability is attributable to a material
misrepresentation of fact or fraud on the part of the Contractor, the
Contractor shall be liable to the District for an amount equal to the
unsupported part of the claim in addition to all costs to the District
attributable 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 to
review unless an administrative appeal or action for judicial review is
timely 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 Contractor
shall proceed diligently with performance of the contract in accordance
with 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 or
written assertion by the District seeking, as a matter of right, the payment
of 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 resolved
under 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 a
Contractor arising under or relating to a contract.
(2) The Contracting Officer shall send written notice of the claim to
the Contractor. The Contracting Officer’s written decision shall do
the 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 specific
findings of fact, although specific findings of fact are not
required and, if made, shall not be binding in any
subsequent 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 contract
adjustment to be made, or other relief to be granted;
(f) Indicate that the written document is the Contracting
Officer’s final decision; and
(g) Inform the Contractor of the right to seek further redress by
appealing the decision to the Contract Appeals Board.
(3) The decision shall be supported by reasons and shall inform the
Contractor of his or her rights as provided herein.
(4) The authority contained in this clause shall not apply to a claim or
dispute for penalties or forfeitures prescribed by statute or
regulation which another District agency is specifically authorized
to 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 review
unless an administrative appeal or action for judicial review is timely
commenced 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 Contractor
shall proceed diligently with performance of the contract in accordance with
the decision of the Contracting Officer.

I.9 CONFIDENTIALITY OF INFORMATION:

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

I.10 TIME:

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.

I.11 OTHER CONTRACTORS :

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

I.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 For
Construction, Alteration, Repairs Prices (Section-B), (2) Scope, Specifications and
Drawings (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 Provisions
for use with Construction Projects dated January 2007, as amended.

I.13 CONTRACTS IN EXCESS OF $1 MILLION DOLLARS:

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

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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 DCPL
at 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 bidding
contractors.

J.7 NOT USED

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

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ATTACHMENT J.1

Technical Specifications and Drawings


(separate volume)

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ATTACHMENT J.2

FIRST SOURCE EMPLOYMENT AGREEMENT

Contract Number: _________________________________________

Contract Amount: ________________________________________

Project Name: __________________________________________

Project Address: _____________________________ Ward:______

Nonprofit Organization with 50 Employees or Less: (Yes) ____ (No) ____

This First Source Employment Agreement, in accordance with D. C. Law 14-24, D.C. Law 5-93,
and Mayor's Order 83-265 for recruitment, referral, and placement of District of Columbia
residents, is between the District of Columbia Department of Employment Services, hereinafter
referred to as DOES, and ________________________________________________________,
hereinafter, referred to as EMPLOYER. Under this Employment Agreement, the EMPLOYER
will use DOES as its first source for recruitment, referral, and placement of new hires or
employees for the new jobs created by this project and will hire 51% District of Columbia
residents for all new jobs created, as well, as 51% of apprentices employed in connection with
the project shall be District residents registered in programs approved by the District of
Columbia Apprenticeship Council.

I. GENERAL TERMS

A. The EMPLOYER will use DOES as its first source for the recruitment,
referral and placement of employees.

B. The EMPLOYER shall require all contractors and subcontractors, with


contracts totaling $100,000 or more, to enter into a First Source
Employment Agreement with DOES.

C. DOES will provide recruitment, referral and placement services to the


EMPLOYER subject to the limitations set out in this Agreement.

D. DOES participation in this Agreement will be carried out by the Office of


the Director, with the Office of Employer Services, which is responsible
for referral and placement of employees, or such other offices or divisions
designated by DOES.

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

F. This Agreement shall not be construed as an approval of the


EMPLOYER'S bid package, bond application, lease agreement, zoning
application, 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 all
EMPLOYER'S job openings and vacancies in the Washington Standard
Metropolitan Statistical Area created as a result of internal promotions,
terminations, and expansions of the EMPLOYER'S workforce, as a result
of 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 or
subcontracts totaling $500,000 or more. This includes any construction or
renovation contract or subcontract signed as the result of, but is not limited
to, 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 contract
or cumulative contracts of at least $500,000, let within any twelve (12)
month period shall be required to register an apprenticeship program with
the District of Columbia Apprenticeship Council.

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

II. RECRUITMENT

A. The EMPLOYER will complete the attached Employment Plan, which


will indicate the number of new jobs projected, salary range, hiring dates,
and union requirements. The EMPLOYER will notify DOES of its
specific 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 to


DOES 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, hours
of work, duration of employment, and work to be performed.

C. Job openings to be filled by internal promotion from the EMPLOYER'S


current workforce need not be referred to DOES for placement and
referral.

D. The EMPLOYER will submit to DOES, prior to starting work on the


project, the names, and social security numbers of all current employees,
including apprentices, trainees, and laid-off workers who will be
employed on the project.

III. REFERRAL

DOES will screen and refer applicants according to the qualifications


supplied 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 every
reasonable effort to refer at least two qualified applicants for each job
opening.

B. The EMPLOYER will make all decisions on hiring new employees but
will in good faith use reasonable efforts to select its new hires or
employees 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 remaining
positions 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 be
responsible for the employees' actions and the EMPLOYER hereby
releases DOES, and the Government of the District of Columbia, the
District 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 and
set forth in a separate Training Agreement.

VI. CONTROLLING REGULATIONS AND LAWS

A. To the extent this Agreement is in conflict with any labor laws or


governmental regulations, the laws or regulations shall prevail.

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

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

VII. EXEMPTIONS

A. Contracts, subcontracts or other forms of government-assistance less


than $100,000.

B. Employment openings the contractor will fill with individuals already


employed by the company.

C. Job openings to be filled by laid-off workers according to formally


established recall procedures and rosters.

D. Suppliers located outside of the Washington Standard Metropolitan


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

VIII. AGREEMENT MODIFICATIONS, RENEWAL, MONITORING, AND PENALTIES

A. If, during the term of this Agreement, the EMPLOYER should transfer
possession of all or a portion of its business concerns affected by this
Agreement to any other party by lease, sale, assignment, merger, or
otherwise, 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 this
Agreement 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 the
name 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 will
submit a Contract Compliance Form to DOES monthly.

C. To assist DOES in the conduct of the monitoring review, the EMPLOYER


will make available payroll and employment records for the review period
indicated.

D. If additional information is needed during the review, the EMPLOYER


will provide the requested information to DOES.

E. With the submission of the final request for payment from the District, the
EMPLOYER shall:

1. Document in a report to the Contracting Officer its compliance with


the requirement that 51% of the new employees hired by the project be
District residents; or

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


with the requirement that 51% of the new employees hired by the
project 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; and
c. Advertisement of job openings listed with DOES and other
referral sources.

F. The Contracting Officer may waive the requirement that 51% of the new
employees hired by the project be District residents, if the Contracting Officer
finds that:

1. A good faith effort to comply is demonstrated by the contractor;

2. The EMPLOYER is located outside the Washington Standard


Metropolitan Statistical Area and none of the contract work is
performed inside the Washington Standard Metropolitan Statistical
Area;

The Washington Standard Metropolitan Statistical Area includes


the District of Columbia, the Virginia Cities of Alexandria, Falls
Church, Manasas, Manasas Park, Fairfax, and Fredericksburg; the
Virginia 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 training


or placement arrangement with DOES; or
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4. DOES certifies that insufficient numbers of District residents in the
labor market possess the skills required by the positions created as a
result of the contract.

G. Willful breach of the First Source Employment Agreement by the


EMPLOYER, or failure to submit the Contract Compliance Report, or
deliberate submission of falsified data, may be enforced by the
Contracting Officer through imposition of penalties, including monetary
fines of 5% of the total amount of the direct and indirect labor costs of the
contract.

H Nonprofit organizations with 50 or less employees are exempted from the


requirement that 51% of the new employees hired on the project be
District residents.

I. The EMPLOYER and DOES, or such other agent as DOES may


designate, may mutually agree to modify this Agreement.

J. The project may be terminated because of the EMPLOYER'S non-compliance


with the provisions of this Agreement.

IX. Is your firm a certified Local, Small, Disadvantaged Business Enterprise (LSDBE)?
YES NO
If yes, certification number: _________

X. Do you have a registered Apprenticeship program with the D.C. Apprenticeship Council?
YES NO
If yes, D.C. Apprenticeship Council Registration Number: _______________

XI. Indicate whether your firm is a subcontractor on this project:  YES  NO


If yes, name of prime contractor: ________________________________

Dated this__________________day of____________________20__________________

_________________________________ _____________________________
Signature Dept. of Employment Services Signature of Employer

______________________________
Name of Company

________________________
Address

______________________________
Telephone

______________________________
E-mail

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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____________________

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NEW JOB CREATION PROJECTIONS (Attach additional sheets, as needed.) Please indicate
the new position(s) your firm will create as a result of this project.

JOB TITLE # OF JOBS SALARY UNION MEMBERSHIP PROJECTED


F/T P/T RANGE REQUIRED HIRE DATE
NAME LOCAL#
A
B
C
D
E
F
G
H
I
J
K
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

CURRENT EMPLOYEES: Please list the names and social security numbers of all current employees
including apprentices and trainees who will be employed on the project. Attach additional sheets as needed.

NAME OF EMPLOYEE SOCIAL SECURITY NUMBER or


EMPLOYEE IDENTIFICATION NUMBER

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ATTACHMENT J.3

REQUIRED LABOR CONTRACT PROVISIONS


PAYMENT OF PREDETERMINED MINIMUM WAGES

A. Standard Contract Clauses (Contracts exceeding $2,000.00)

1. Minimum Wages

(i) All laborers and mechanics employed or working upon the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the
Contractor or developing of the project), will be paid unconditionally and not less
often 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 Secretary
of Labor, United States Department of Labor, hereinafter referred to as the Secretary
of Labor, under the Copeland Act (29 CFR, Part 3), the full amount of wages and
bona-fide fringe benefits (or cash equivalents thereof), due at the time of payment
computed 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 any
contractual relationship which may be alleged to exist between the Contractor and
such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona-fide fringe benefits under
Sections (1)(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics, are
considered wages paid to such laborers or mechanics subject to the provisions of
paragraph A(1)(iv) of this Section; also regular contributions made or costs incurred
for 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 be
constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill,
except as provided in A(4).

Laborers or mechanics performing work in more than one classification may be


compensated at the rate specified for each classification for the time actually worked
therein:

Provided, that the employer’s payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including
any 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 by
the Contractor and its subcontractor at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.

(ii) (A) The Contracting Officer of the District of Columbia, Fire and Emergency Medical
Service, hereinafter referred to as the Contracting Officer, shall require that any class
of laborers or mechanics which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage
determination. 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 been
met:

(1) The work to be performed by the classification requested is not performed by a


classification 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 a
reasonable 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 (if
known), or their representatives, agree with the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administrator of the Wage and
Hour Division, Employment Standards Administration, U. S. Department of Labor,
Washington, D. C. 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within thirty (30)
days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer 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 the
classification or their representatives, and the Contracting Officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within thirty (30) days of receipt
and 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 to
sub-paragraphs (1)(B) or (1)(C) of this paragraph, shall be paid to all workers
performing work in the classification under this contract from the first day on which
work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona-fide fringe benefit or an hourly
cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider, as part of the wages of any laborer or mechanic, the amount of any cost reasonably
anticipated in providing bona-fide fringe benefits under a plan or program, Provided, that the
Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards
of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set
aside, in a separate account, assets for the meeting of obligations under the plan or program.

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2. Withholding

The Contracting Officer shall, upon his or her own action or upon written request of an authorized
representative of the United States Department of Labor, withhold or cause to be withheld from the
Contractor, under this contract or any other Federal contract with the same prime Contractor, or any
other 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 considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by
the Contractor or any subcontractor, the full amount of wages required by the contract. In the event
of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or developing of the project), all or part of the wages
required 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 further
payment, advance or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records

(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the
course of the work and preserved for a period of three (3) years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such
records shall contain the name, address, and social security number of each such worker, his
or her correct classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona-fide fringe benefits or case equivalents thereof of the types
described in Section 1(b)2(B) of the Davis-Bacon Act), daily and weekly numbers of hours
worked, 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 any
laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs, the certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.

(ii) (A) The Contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the District of Columbia Government if the agency
is a party to the contract, but if the agency is not such a party, the Contractor will
submit the payrolls to the applicant, sponsor, or owner, as the case may be, for
transmission to the District of completely all of the information required to be
maintained under 5.5(a)(3)(I) of Regulations, 29 CFR Part 5. This information may be
submitted in any form desired. Optional Form WH-347 is available for this purpose
and may be purchased from the Superintendent of Documents (Federal Stock Number
029-005-00014-1), U. S. Government Printing Office, Washington, D.C. 20402. The
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prime Contractor is responsible for the submission of copies of payrolls by all


subcontractors.

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance” signed


by the Contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be
maintained under 5.5(a)(3)(I) of Regulations, 29 CFR Part 5 and that such
information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee),
employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations, 29 CFR
Part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraphs (a)(3)(ii)(B) of this section.

(D) The Contractor shall notify the Contracting Officer, in writing, of all periods of which
no work is performed. This notification applies to the prime Contractor and to all
subcontractors.

(E) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code.

(iii) The Contractor or subcontractor shall make the records required under paragraph A(3)(I) of
this section available for inspection, copying or transcribing by authorized representatives of
the Contracting Officer or the United States Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make them available, the Federal
agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds.

Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.

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4. Apprentices and Trainees

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a
bona-fide apprenticeship program registered with the U.S. Department of Labor, Employment
and 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 first
90 days of probationary employment as an apprentice in such as apprenticeship program, who
is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate), to be
eligible 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 ratio
permitted to the Contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice
performing 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 work
actually performed. Where a Contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s
registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice’s level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.

Trainees. Except as provided in 20 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification 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 under
the plan approved by the Employment and Training Administration. Every trainee must be
paid 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 applicable
wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee amount
of fringe benefits listed on wage determination unless the Administrator of the Wage and
Hour 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 than
full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed.

In the event the Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.

Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen


under this part shall be in conformity with the equal employment opportunity requirements
and Executive Order 11246, as amended and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.

6. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts, the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the Contracting Officer may, by appropriate
instructions require, and also a clause requiring the subcontractor to include these clauses in any
lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any
subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract Termination: Debarment

A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and
for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements

All rulings and interpretations of the Davis-Bacon and related Acts contained in 20 CFR Parts 1, 3
and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards

Disputes arising out of the labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the
meaning of this clause include disputes between the Contractor (or any of its subcontractor) and the
contracting agency, the U. S. Department of Labor, or the employees or their representatives.

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10. Certification of Eligibility

A. By entering into this contract, the Contractor certifies that neither it (nor he or she), nor any
person or firm who has an interest in the Contractor’s firm who has an interest in the
Contractor’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 firm


ineligible 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, 18
U.S.C. 1001.

B. Contract Work Hours and Safety Standards Act

The Agency Head shall cause or require the Contracting Officer to insert the following
clauses set forth in paragraphs B(1), (2), (3), and (4) of this Section in full, in any contract
subject 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 of
29 CFR. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen
and guards.

1. Overtime Requirements

No Contractor or subcontractor contracting for any part of the contract work may
require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any work week in which he or she is employed on
such work to work in excess of forty hours in such work week unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such work week,
whichever is greater.

2. Violation: Liability for Unpaid Wages:

Liquidated Damages

In the event of any violation of the clause set forth in subparagraph (1) of this
paragraph, the Contractor and any subcontractor responsible therefore shall be liable
for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10.00 for each calendar day
on which such individual was required or permitted to work in excess of the standard
work week of forty hours without payment of the overtime wages required by the
clauses set forth in subparagraphs (1) of this paragraph.
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Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

3. Withholding for Unpaid Wages and Liquidated Damages

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 be
withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same
prime Contractor, or any other Federally-assisted contract, subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime Contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages and liquidated damages as provided in
the clause set forth in subparagraph (2) of this paragraph.

4. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts, the clauses set forth
in subparagraphs (1) through (4) of this paragraph and also a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.

C. Contract Work Hours and Safety Standards Act

In addition to the clauses contained in paragraph B, in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in
5.1, the Agency Head shall cause or require the Contracting Officer to insert a clause
requiring that the Contractor or subcontractor shall maintain payrolls and basic payroll
records during the course of the work and shall preserve them for a period of three (3) years
from the completion of the contract for all laborers and mechanics, including guards and
watchmen, working on the contract. Such records shall contain the name and address of each
such employee, social security number, correct classification, hourly rates of wages paid,
daily and weekly number of hours worked, deductions made, and actual wages paid. Further,
the 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 made
available by the Contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the Contracting Officer and the Department of Labor, and the
Contractor or subcontractor will permit such representatives to interview employees during
working hours on the job.

119
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

SPECIAL STIPULATIONS PERTAINING TO WAGE RATES

RATES OF WAGES determined by the Secretary of Labor, shall apply if the contract is in excess of
$2,000.00 in amount. The Secretary of Labor has determined that the wage rates for various classes of
mechanics and laborers, enumerated in the attached schedule, were prevailing in the area in which the work
is to be performed at the time of Invitation for Bids.

Each class of laborers and mechanics listed in the attached schedule shall receive not less than the minimum
rate of wage specified therein. In the event that it becomes necessary to employ any laborer or mechanic
whose work is not covered by any of the classifications in said schedule, he shall be paid not less than the
prevailing rates of wages for the class of work done by him. Such rate shall be predetermined by the
Department of Labor through the Materiel Management Officer. In case any disputes arises as to what are
the prevailing rates of wages for work of similar nature, which cannot be adjusted by the Contracting Officer,
the matter shall be referred to the Secretary of Labor for determination, whose decisions thereon shall be
conclusive on all parties.

While the wage rates listed have been determined to be the prevailing rates for the occupations specified, and
the minimum allowable under this specification, it is the responsibility of the Contractors to inform
themselves as to the local labor market and conditions, including any pending legislation or existing
collective bargaining agreements which provide for future increase in rates.

The Contractor shall abide by and conform to all applicable laws, Executive Orders, regulations and orders
of Federal Agencies authorized to pass upon and determine wage rates. No increase in the contract price
shall be allowed or authorized on account of the payment of wage rates in excess of those listed.

The District of Columbia may award contracts for other work at the building and site, and this Contractor
shall fully cooperate with such other Contractors and shall not commit or permit any act in connection with
employment of labor, or otherwise, which will interfere with the performance of work by any other
Contractor.

Bidders are required to fully inform themselves on the conditions relating to construction and labor under
which work is now being performed, and this Contractor must employ such methods and means in carrying
out his work as will not cause any interruption or interference with any other Contractor.

120
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

ATTACHMENT J.4

WAGE DETERMINATION NUMBER DC080004

GENERAL DECISION: DC20080004 01/08/2010 DC4

Date: January 8, 2010


General 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 family


homes or apartments up to and including 4 stories).

Modification Number Publication Date


0 06/12/2009
1 06/19/2009
2 06/26/2009
3 07/03/2009
4 07/10/2009
5 07/31/2009
6 08/14/2009
7 09/18/2009
8 10/02/2009
9 11/20/2009
10 01/08/2010

ASBE0024-007 10/01/2008

Rates Fringes

ASBESTOS WORKER/HEAT & FROST


INSULATOR........................$ 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: HAZARDOUS


MATERIAL HANDLER (REMOVAL
FROM MECHANICAL SYSTEMS,

121
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

WHICH WILL NOT BE REPLACED OR


SCRAPPED)........................$ 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 Drywall


Hanging, Formsetting and
Carpet/Soft Floor Laying.........$ 26.38 7.00
PILEDRIVERMAN....................$ 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 HVAC


Temperature Control
Installation.....................$ 37.60 12.28+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Jr.'s


Birthday, Inauguration Day, Memorial Day, Fourth of July,
Labor Day, Veterans Day, Thanksgiving Day, the day after
Thanksgiving and Christmas Day or days designated as legal
holidays 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 teledata
facilities (voice, data and video) including outside plant,
telephone and data inside wire, interconnect, terminal
equipment, central offices, PABX, fiber optic cable and
equipment, railroad communications, micro waves, VSAT,
bypass, CATV, WAN (Wide area networks), LAN (Local area
networks) and ISDN (Integrated systems digital network).

122
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

WORK EXCLUDED: The installation of computer systems in


industrial applications such as assembly lines, robotics
and computer controller manufacturing systems. The
installation of conduit and/or raceways shall be installed
by Inside Wiremen. On sites where there is no Inside
Wireman employed, the Teledata Technician may install
raceway or conduit not greater than 10 feet. Fire alarm
work is excluded on all new construction sites or wherever
the fire alarm system is installed in conduit. All HVAC
control 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, Independence


Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas
Day and the Friday after Thanksgiving.

b. VACATIONS: Employer contributes 8% of basic hourly rate


for 5 years or more of service; 6% of basic hourly rate for
6 months to 5 years of service as vacation pay credit.
----------------------------------------------------------------
IRON0005-005 06/01/2009

Rates Fringes

IRONWORKER, ORNAMENTAL AND


STRUCTURAL.......................$ 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 machine


operator, signalmen, laser beam operator, waterproofer,
open caisson, test pit, underpinnig, pier hole and ditches,
laggers and all work associated with lagging that is not
expressly stated, strippers, operator of hand derricks,
vibrator operators, pipe layers, or tile layers, operators
of jackhammers, paving breakers, spaders or any machine
that does the same general type of work, carpenter tenders,
scaffold builders, operators of towmasters, scootcretes,
buggymobiles and other machines of similar character,
123
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

operators of tampers and rammers and other machines that do


the same general type of work, whether powered by air,
electric or gasoline, builders of trestle scaffolds over
one tier high and sand blasters, power and chain saw
operators used in clearing, installers of well points,
wagon drill operators, acetylene burners and licensed
powdermen, 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

GLAZIER
Contracts $2 million and
under.......................$ 25.12 7.46
Contracts over $2 million...$ 27.84 7.46
----------------------------------------------------------------
PAIN0051-015 06/01/2009

124
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

Rates Fringes

PAINTER
Brush, Roller, Spray and
Drywall 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

FIREPROOFER
Handler.....................$ 11.50 3.93
Mixer/Pump..................$ 14.00 3.93
Sprayer.....................$ 19.00 3.93

Spraying of all Fireproofing materials. Hand application of


Fireproofing materials. This includes wet or dry, hard or
soft. Intumescent fireproofing and refraction work,
including, but not limited to, all steel beams, columns,
metal decks, vessels, floors, roofs, where ever
fireproofing is required. Plus any installation of thermal
and acoustical insulation. All that encompasses setting up
for Fireproofing, and taken down. Removal of fireproofing
materials and protection. Mixing of all materials either by
hand or machine following manufactures standards.
----------------------------------------------------------------
PLUM0005-008 08/01/2009

Rates Fringes

PLUMBER
Apartment Buildings over 4
stories (except hotels).....$ 22.66 9.36+a
ALL Other Work..............$ 37.67 14.69+a

a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day


and the day after Thanksgiving, Christmas Day, New Year's
Day, Martin Luther King's Birthday, Memorial Day and the
Fourth of July.
----------------------------------------------------------------
PLUM0602-008 08/01/2009

125
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

Rates Fringes

PIPEFITTER, Including HVAC


Pipe Installation................$ 36.87 15.47+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's


Birthday, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day and the day after
Thanksgiving and Christmas Day.
----------------------------------------------------------------
ROOF0030-016 05/01/2009

Rates Fringes

ROOFER...........................$ 25.80 8.26


----------------------------------------------------------------
* SFDC0669-002 01/01/2010

Rates Fringes

SPRINKLER FITTER (Fire


Sprinklers)......................$ 30.45 16.35
----------------------------------------------------------------
SHEE0100-015 07/01/2009

Rates Fringes

SHEET METAL WORKER (Including


HVAC 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 for


pointing, caulking, cleaning
of existing masonry, brick,
stone and cement structures
(restoration work); excludes
pointing, caulking and
cleaning of new or
replacement masonry, brick,
stone and cement.................$ 11.67

POINTER, CAULKER, CLEANER:


Includes pointing, caulking,
cleaning of existing masonry,
brick, stone and cement
structures (restoration
126
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

work); excludes pointing,


caulking, cleaning of new or
replacement
masonry, brick, stone or
cement...........................$ 18.88
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing


operation to which welding is incidental.

========================================================

Unlisted classifications needed for work not included within


the scope of the
classifications listed may be added after award only as
provided in the labor
standards contract clauses (29 CFR 5.5(a)(1)(ii)).

----------------------------------------------------------------
--

In the listing above, the "SU" designation means that rates


listed under the
identifier do not reflect collectively bargained wage and
fringe benefit
rates. Other designations indicate unions whose rates have
been determined
to be prevailing.

----------------------------------------------------------------
--

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination


* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage
determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests


for summaries
of surveys, should be with the Wage and Hour Regional Office
for the area in
which the survey was conducted because those Regional Offices
have
responsibility for the Davis-Bacon survey program. If the
response from this
initial contact is not satisfactory, then the process described
in 2.) and
127
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

3.) should be followed.

With regard to any other matter not yet ripe for the formal
process
described here, initial contact should be with the Branch of
Construction
Wage Determinations. Write to:

Branch of Construction Wage Determinations


Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an


interested party
(those affected by the action) can request review and
reconsideration from
the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR
Part 7).
Write to:

Wage and Hour Administrator


U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

The request should be accompanied by a full statement of the


interested
party's position and by any information (wage payment data,
project
description, area practice material, etc.) that the requestor
considers
relevant to the issue.

3.) If the decision of the Administrator is not favorable, an


interested
party may appeal directly to the Administrative Review Board
(formerly the
Wage Appeals Board). Write to:

Administrative Review Board


U.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

128
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

ATTACHMENT J.5
Small 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 COLUMBIA
DEPARTMENT 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:
800-829-1040
No.:
Dunn & Bradstreet No.:
800-333-0505
No.:
Local Unemployment Compensation No.:
(applicable, only if you have employees)
202-724-7566
No.:
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 No
List All Operating Facilities or other Office Locations including Storage/Warehouse Facilities
Address, 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 COLUMBIA
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
3 Revision date 1/23/2008
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 Leased
Storage Location of Equipment & Vehicles
13.
List all managerial employees:
Name
Title
Business 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/Stockholders
Home Address, Home Phone Number
US Citizen or LPR*
DC
Resident
(Y/N)
Number of Shares
Percentage
of
Ownership
Gender
129
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

(M/F)
(optional)
LGBT**
(Y/N)
(optional)
Race/
Ethnicity
(optional)
* Lawful Permanent Resident
** Lesbian, Gay, Bisexual or Transgendered
15.
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 law
or regulation that is applicable to the applicant’s business? Yes No
If 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 COLUMBIA
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
4 Revision date 1/23/2008
17.
Has the business enterprise, or any of its directors, officers, or principals, been convicted of a crime that bears directly on the
fitness of the applicant, holder, or participant to ethically participate in the programs established pursuant to the Act? Yes No
If yes, explain:
18.
List current members of Board of Directors and Officers of the Corporation:
Current Board of Directors/Owners
Name
Title
Occupation
Date Appointed
Home
Address
Home
Phone
Officers of Corporation/Key Personnel
Name
Title
Date Appointed
Office
Address
Office
Phone
19.
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
______________
130
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

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 COLUMBIA
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
5 Revision date 1/23/2008
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 apply
Current, Year-to-Date
Last 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 the
Supporting 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 concern
under the Small Business Act, or if average gross revenue for the preceding three years does not exceed the applicable revenue
limit 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 20
years 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 Only
Industry Type
Revenue Limit

131
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

Construction, Heavy (Street and Highways, Bridges, etc.)


$23 million
Construction, Building (General Construction, etc.)
$21 million
Construction, Specialty Trades
$13 million
Goods & Equipment
$20 million
General Services
$19 million
Professional Services, Personal Services
(Hotel, Beauty, Laundry, etc.)
$5 million
Professional Services, Business Services
$10 million
Professional Services, Health & Legal Services
$10 million
Professional Services, Health Facilities Management
$19 million
Manufacturing Services
$10 million
Transportation & Hauling Services
$13 million
Financial Institutions
$300 million
**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 DEVELOPMENT
6 Revision date 1/23/2008
24.
Business, professional and/or trade licenses (if applicable):
License Type
License Number
License Expiration Date
Authorizing Entity of License
25.
What is the value of the total fixed (excluding cash or liquid) assets of the business enterprise, and the value and percentage of
fixed assets located in the District of Columbia? (Amounts should coincide with Fixed Asset Inventory submitted)
$ ________________________
$ ________________________
__________________________%
Total Assets
Fixed Assets in DC
Percentage of Fixed Assets in DC
26.
List the total number of employees, and corresponding number of employees who are residents of the District of Columbia, on
payroll with the business enterprise for the preceding three years.
Year
Number of Employees
Number of D.C. Residents Employees
Number of Full-Time Employees
Number of Part-Time Employees
Number of D.C. Resident Full-Time Employees
Number of D.C. Resident Part-Time Employees
27.
List Gross Annual Revenues for the Last Three (3) Years:
Year
Gross Annual Revenue
_________________________
$ _________________________
_________________________

132
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

$ _________________________
_________________________
$ _________________________
28.
List Source of Business Revenues from most recent fiscal year:
Source of Business Revenues Contracts/Sales
Fiscal Year
Amount
Percentage of Total Revenues
DC 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 COLUMBIA
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
7 Revision date 1/23/2008
29.
Have you previously worked and/or are you currently working on any contracts with the District of Columbia? Yes No
30.
List the contract and dollar value of the firm’s three (3) largest contracts over the last three years:
Contract
Dollar Amount
Date Completed
Prime/Sub Contractor
31.
Does the business enterprise have any other affiliated entities (e.g. parent company, subsidiary, etc.)? Yes No If yes, please
provide 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 Date
Expiration Date
Small 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 Columbia
Department of Small and Local Business Development
441 4th Street, NW, Suite 970N
Washington, DC 20001
Tel: (202) 727-3900
133
Solicitation No. DCPL-2010-R-0005
Project Name: Mount Pleasant Library General Construction

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 COLUMBIA
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
8 Revision date 1/23/2008
SWORN AFFIDAVIT
The undersigned, as a duly authorized representative of (Business Enterprise
Name)_____________________________________________, 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 Business
Development 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 Development
and 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 Public
Signature: _________________________________________________________________ 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 who
acknowledged 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 DEVELOPMENT
9 Revision date 1/23/2008
CHECKLISTS
Sole Proprietorship
o
Affidavit
o
Business, professional and/or trade licenses
o
Certificate of occupancy or home occupancy permit
o
Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue
o
Company capability statement, including a brief description of products or services
o
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)
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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 personnel
Partnership
o
Affidavit
o
Company capability statement, including a brief description of products or services
o
Business, professional and/or trade licenses
o
Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue
o
Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs
o
Certificate of occupancy or home occupancy permit
o
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
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
Partnership agreement, buy-out rights and profit sharing agreement
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—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
Corporation
o
Affidavit
o
Articles of incorporation
o
Business, professional and/or trade license(s)
o
By-laws of corporation and any amendments
o
Certificate of incorporation
o
Certificate of occupancy or home occupancy permit
o
Company capability statement, including a brief description of products or services
o
District or state and federal tax returns, last three years, and all schedules (signed)
o
Copy of each stock certificate issued (front and back) and stock ledger
o
Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days)
o
Dun & Bradstreet number (DUNS)
o
Lease or deed for business site (signed)
o
Minutes of first and most recent organizational meeting
o
Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue

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o
Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs
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
Resumes of key personnel
o
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 voter
registration card)
**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 DEVELOPMENT
10 Revision date 1/23/2008
Limited Liability Corporation (LLC)
o
Affidavit
o
Articles of organization
o
Operating agreement
o
Business, professional and/or trade license(s) (if applicable)
o
Certificate of organization
o
Certificate of occupancy or home occupancy permit
o
Company capability statement, including a brief description of products or services
o
District or state and federal tax returns, last three years, and all schedules (signed)
o
Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days)
o
Dun & Bradstreet number (DUNS)
o
Lease or deed for business site (signed)
o
Minutes of first and most recent organizational meeting
o
Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue
o
Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs
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
Resumes of key personnel
o
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 voter
registration card)
Disadvantaged Business Enterprise (DBE)
o
DBE Form
o
DBE Narrative Letter (on letterhead, signed and dated)
o
Submit personal District or state and federal tax returns for the last year (signed)
o
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Personal Financial Statement


Resident Owned Business (ROB)
o
Residential lease or deed
o
Submit personal District or state and federal tax returns for the last year (signed)
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 voter
registration card)
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 small
business which has been continuously eligible for certification as a local business for fifteen (15) years
o
Submit Twenty (20) or Fifteen (15) years of District tax returns as proof of continuous eligibility
All Businesses Less Than One Year Old
o
Business Plan
o
Proof of capital injection (e.g. current bank statement)
Recertification
o
Business, professional and/or trade licenses
o
Most recent Certificate of Good Standing issued by Office of Tax and Revenue
o
Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs
o
District or state and federal tax returns, last two years, and all schedules (signed)
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)
Upgrade
o
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

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Project Name: Mount Pleasant Library General Construction

ATTACHMENT J.6

Advantage Environmental Consultants, LLC


Hazardous Materials Survey
Dated October 8, 2009
(Separate Document)

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Project Name: Mount Pleasant Library General Construction

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 specifically
described 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, 2010.

DCPL reserves the right to reject and disqualify bids which do not
reflect 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.

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BP 01
GENERAL 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 the
full project duration to support construction administration and trade activities for the overall renovation and
addition 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%.

GENERAL TRADES - SITE REQUIREMENT ACTIVITIES

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
specifically described in this scope of work with no exceptions or exclusions, and as indicated in bid
documents, 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 Contract
Requirements. 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, 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 during
construction as specifically specified herein and OSHA safety barricades, rails and floor
coverings.
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 document
specs.
3. Provide Engineering, site survey and layout for the work. This includes establishing control
lines and benchmarks from local monuments for use by other contractors.
4. Provide monthly Project construction progress documentation & photographs, including
existing building pre-construction condition documentation.
5. All required traffic control measures must be obtained and implemented per local jurisdiction
requirements by contractor during performance of this contractor’s work.
6. Provide physical jobsite mailbox.

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7. Provide regular project trash removal & dumpsters, including the separation of debris for a
recycling program consistent with the Project LEED Certification Program for the full
duration 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 the
duration 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 chairs
Trailer(s) should be of sufficient size to accommodate the needs of the Owner, Architect and
construction personnel office activities, and to accommodate project meetings specified under
Division 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 construction
operations. 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 to
plumbing (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 his
Contract until the entire Contract is completed (assume 16 months).
13. The Contractor shall take adequate precautions to protect trees, shrubs, and plants from injury
during construction operations. This shall include, but is not limited to, barrier fencing for tree
protection, erosion and sediment control measures, etc. In addition, the Contractor shall on a
daily 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 not
available.)
15. Winter protection, to include temporary building enclosure construction as well as portable
heating equipment as required to maintain a working environment for all the trades. (this may
be 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, false
work, temporary structures, machinery and equipment. He shall clean and restore in an
acceptable manner all property, both public and private, inside and out, and shall leave the
Work and sites and structures, in a clean, polished dusted and vacuumed and presentable
condition ready for occupancy throughout the project, including clearing material from the
right-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 scope
so 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 allowances
for items that fixed prices cannot be determined at bid time due to incomplete design detail.

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BP 02
HAZMAT ABATEMENT AND SELECTIVE DEMOLITION

SCOPE OF WORK – HAZMAT ABATEMENT AND SELECTIVE DEMOLITION


DEFINITION OF PROJECT AREA:

The Scope of Work includes the abatement of hazardous materials affected by future planned new
construction and the selective demolition 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 scope of this
contract. Section 01732 – Selective Demolition, Complete. Additionally, reference Section 01351 Special
Procedures for Historic Treatment for impact to the work of this contract.

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 50%.

HAZARDOUS MATERIALS ABATEMENT AND SELECTIVE DEMOLITION


Provide all labor, material and equipment to fully execute the requirements to abate hazardous materials, and
selectively demo (brace, cut, demolish and remove) the following work in accordance with the Plans and
Specifications.
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:

1. Performance of all hazardous material abatement by personnel certified in the performance of


this work including but not limited to:
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, and
g. 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 to
performance & safety plan.

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3. Remove and dispose of any loose building contents remaining the building after DCPL move
out.
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 backup
11. Roof exhaust stack
12. Structural beams as indicated;
13. Elevated mezzanine structure
14. 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 or
removed/repaired/salvaged by Others including but not limited to fireplaces, stone, millwork,
windows, and running wood trim.
21. Contractor shall provide selective demolition of new openings as indicated and in a manner
consistent 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 shall
be included in this scope of work.
23. Contractor shall remove and transport debris resulting from selective demolition operations
and materials later determined not to be reused to a legal off site disposal area. Recyclable
materials shall be separated and stored or stockpiled without intermixing with other surplus
materials before transporting to recycling facilities in accordance with a recycling program
consistent with the Project LEED Certification Program.
24. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
25. 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.
26. A detailed work plan and schedule showing means and methods to be used in this package
will 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 of
work, and shall include evidence of their experience with similar projects as well as
references who may be contacted by the Client.
28. Labor for project clean-up
29. 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, including
existing building pre-construction condition documentation.
32. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
33. Submittals will be required for approval prior to execution of the work.
34. Contractor shall provide all hoisting and lifting required for the performance of the work of
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 their
original condition or better as required by drawings and specifications. Additionally
Contractor shall survey the site and examine the Drawings and Specifications to determine
the 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 Library.
This report includes the estimated quantities of materials that require abatement. These quantities are
provided as a courtesy based on a third party’s survey of the building. However, in no way does DCPL
assure the accuracy of any of the contents of the Report provided in this Attachment, including any
estimates. Bidders are solely responsible to calculate the amounts and types of materials to be abated and to
verifying 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, where
new construction documents require disturbance of additional hazardous materials quantities that could be
reasonably inferred from the contents of the report (i.e. where an exposed hazmat condition could be
reasonably assumed to trace back behind a wall or cavity, within a chase, above a hard ceiling or other in an
otherwise unexposed area), the Contractor should assume this material should also be abated. In the event
that such a hidden hazmat condition will not be exposed or disrupted, but will remain enclosed, buried or
otherwise hidden, abatement should not be included in this scope. Reference any applicable standards (EPA,
OSHA or other industry standard recognized requirements) for required actions in the performance of this
scope of work.

This RFP contains submittal requirements that will be required as part of the performance of this work. The
listed submittals are mandatory and include but are not limited to:
• Selective demolition structural shoring and bracing design drawings stamped by a DC registered
engineer 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 and
Lead Painted Components.

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BP 03
SITEWORK, SITE UTILITIES, SITE DEMOLITION, LANDSCAPING and SITE
FURNISHINGS

SCOPE OF WORK – SITEWORK, SITE UTILITIES, SITE DEMOLITION,


LANDSCAPING AND SITE FURNISHINGS WORK
DEFINITION OF PROJECT AREA:

Contractor shall be responsible for all site utility, site demolition, site concrete, landscaping and site
furnishings work at the Mount Pleasant Library and its new addition located at 3160 16th Street, NW,
Washington.

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
specifically described in this scope of work with no exceptions or exclusions, and as indicated in bid
documents, 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 Contract
Requirements. 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 this
contract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact to
the work of this contract.
DIVISION 2 – SITEWORK, Complete
DIVISION 3 – Section 03300 Cast-in-Place Concrete, as applies to the work of this contract
DIVISION 5 – Section 05500 Metal Fabrications, as applies to the work of this contract

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 100%.

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 work
including but not limited to the following tasks:
1. Contractor to perform engineering, site survey and layout as required for this work
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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8. Connecting and tying into the existing sewer.


9. Temporary and permanent patching of the paving that was disturbed or removed during this
work, or the work of other Contractors.
10. Concrete retaining walls and site walls including cast in place foundations, masonry structures
and stone veneer as indicated.
11. Site paving (excluding quartzite paving) including sidewalks, steps, ramps and curbs.
12. New gas line including tapping and tying into the existing line.
13. New water line including water meter vault, and tapping and tying into the existing line.
14. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
15. Testing and inspection services required for the work, including backfill operations
16. Miscellaneous temporary protection of existing conditions during construction as specifically
specified herein and OSHA safety barricades, rails and coverings for this Work.
17. Contractor is required to provide pre-existing surveying (photographs or video taping).
18. Contractor is required to provide as built survey of underground work prior to backfill
operations.
19. All utilities are to be run to 5’-0” of the building except for the storm line
tie in to the drains or downspouts. Storm line tie in to the downspouts is to be completed by
this Contractor.
20. Contractor shall coordinate this work with other work in progress.
21. A detailed work plan and schedule showing means and methods to be used in this package
will be provided by the Contractor upon request.
22. Provide all labor, material and equipment to fully execute the requirements to perform site
demolition (brace, cut, demolish) and remove the following work in accordance with the
Plans and Specifications. 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. Concrete paving, retaining walls, pads, handicapped ramps, sidewalks, driveways and
aprons, curbs, ramps, footings and foundations.
b. Chainlink fence
c. Generator including equipment pads
d. Underground utilities that conflict with new work.
e. Chilled water lines
f. Site railings
g. Light poles and bases
h. Inlets
i. Trees and stumps
j. Abandon and plugging of existing water line
k. Remove and salvage existing one story masonry structure
23. 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 in
this scope of work.
24. Contractor shall remove and transport debris resulting from demolition operations and
materials later determined not to be reused to a legal off site disposal area. Recyclable
materials shall be separated and stored or stockpiled without intermixing with other surplus
materials before transporting to recycling facilities in accordance with a recycling program
consistent with the Project LEED Certification Program.
25. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
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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 furnishings
work in accordance with the Plans and Specifications. 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. 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 specifications
c. Seeding
d. Fertilizing
e. Mulch
f. Permanent chain link, picket fence and bollard and chain type fence systems and gates
including foundations
g. Handrails
h. 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 Library.
This report includes the estimated quantities of materials that require abatement. These quantities are
provided as a courtesy based on a third party’s survey of the building. However, in no way does DCPL
assure the accuracy of any of the contents of the Report provided in this Attachment, including any
estimates. Bidders are solely responsible to calculate the amounts and types of materials to be abated and to
verifying all existing conditions and quantities of materials to be removed prior to submittal of bid.

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BP 04
CONCRETE WORK

SCOPE OF WORK – CONCRETE WORK


DEFINITION OF PROJECT AREA:

The Scope of Work includes the concrete 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact to
the work fo this contract.
DIVISION 2 – Section 02300 Earthwork, Section 02370 – Erosion and Sediment Control and Section 02620
- Subdrainage as applies to the work of this contract
DIVISION 3 – CONCRETE, Complete
DIVISION 7 – THERMAL AND MOISTURE PROTECTION, as applies to the work of this contract

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 75%.

CONCRETE WORK
The Contractor shall be required to provide all labor, material and equipment to perform the Concrete scope
of work including but not limited to the following tasks:
1. Machine and hand excavation and backfill required for new concrete structures and additions.
Work includes complete excavation and backfilling for the Terrace Level;
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 joints
8. Reinforcing steel and mesh as imbedded in the concrete as called out in the drawings and
specifications.

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9. Underslab and perimeter drainage pipe, filter fabric, gravel and associated work where
required, adjacent to the Work;
10. New framed slabs;
11. Slab-on-deck;
12. Infill slabs on grade including subgrade preparation and fill;
13. Infill framed slabs, including temporary bracing required;
14. New stairs, including fill and retaining walls;
15. New ramp slabs and ramp retaining walls, including subgrade, subgrade preparation and all
backfill;
16. Concrete foundations for canopies, site benches, site walls and site retaining walls, including
excavation and backfill.
17. Interior stair, ramp and topping slab concrete;
18. Mechanical & electrical equipment pads, (allowance 10 CY.);
19. Grouting of bearing and leveling plates;
20. Install embeds and anchor bolts provided by Others.
21. Install sealers on exposed concrete floors and walls as shown on the drawings or in the
specifications.
22. Independent Testing & Inspection Services for the Work, including subgrade & backfill
compaction and materials testing; concrete, grout & rebar inspections and testing;
23. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
24. Contractor is required to provide pre-existing surveying (photographs or video taping) for the
Work.
25. Contractor shall coordinate this work with other work in progress.
26. Contractor shall provide miscellaneous concrete infill of undesired existing openings or
depressions, as required and in a manner consistent with the existing and new construction.
27. Contractor shall provide new concrete structures including foundations, slabs, stairs, columns,
etc. as indicated in the bid documents. Where new structures meet existing construction a
smooth transition shall be made.
28. 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 in
this scope of work.
29. Contractor shall remove and transport debris resulting from these operations and materials to
site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
30. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
31. 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.
32. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library
33. 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.
34. Labor for project clean-up;
35. Miscellaneous temporary protection of existing conditions during construction as specifically
specified herein and OSHA safety barricades, rails and floor coverings for this Work.
36. Engineering, site survey and layout for the Work.
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37. Provide monthly Project construction progress documentation & photographs, including
existing building pre-construction condition documentation.
38. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
39. Contractor shall restore adjacent property to its original condition after completion of this
work.
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 to
remain, during this remediation scope contract and restore damaged improvements to their
original condition or better as required by drawings and specifications. Additionally
Contractor shall survey the site and examine the Drawings and Specifications to determine
the 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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BP 05
STONE and MASONRY

SCOPE OF WORK – STONE and MASONRY


DEFINITION OF PROJECT AREA:

The Scope of Work includes the stone and masonry construction 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact to
the work of this contract.
DIVISION 4 – MASONRY, Complete
DIVISION 5 – Section 05500 – Metal Fabrications, as applies to the work of this contract
DIVISION 7 – Section 07131 – Self-Adhering Sheet Waterproofing, Section 07210 – Building Insulation,
Section 07842 - Fire Resistive Joint Systems and Section 07920 - Joint Sealants, as applies to the work of
this contract
DIVISION 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, as
applies to the work of this contract
DIVISION 9 – Section 09111 – Non-Load Bearing Steel Framing, Section 09380 – Terra Cotta and Stone
Tile, as applies to the work of this contract

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 35%.

STONE AND MASONRY WORK


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:
1. CMU walls, both interior and exterior (for site walls and retaining walls)
2. Stone work including wall panels, both interior and exterior, dimensional stone and stone tile.
3. Interior and exterior stone tile
4. Thin set stone flooring in elevator cab applications
5. Existing stone repair and patching at vestibules
6. Waterproofing membrane below setting bed
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7. Exterior granite walls and base


8. Granite floor and wall panels
9. 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 new
11. 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 be
furnished 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 contract
15. 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 in
this scope of work.
20. Contractor shall remove and transport debris resulting from these operations and materials to
site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
21. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
22. 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.
23. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant 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 as
references 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
this contract.
32. Contractor shall protect existing adjacent facilities, structures and site improvements to
remain, during this remediation scope contract and restore damaged improvements to their
original 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 the
extent of the work.
33. Contractor shall restore adjacent property to its original condition after completion of this
work.

This work excludes:


1. Terra cotta panel and baguette work (by BP12).

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BP 06
STRUCTURAL, ORNAMENTAL AND MISCELLANEOUS METALS

SCOPE OF WORK – STRUCTURAL, ORNAMENTAL AND MISCELLANEOUS


METALS

DEFINITION OF PROJECT AREA:

The Scope of Work includes the structural and miscellaneous steel 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract. Additionally, reference Section 01531 – Special Procedures for Historic Treatment for impact to
the work of this contract.
DIVISION 3 – CONCRETE, as applies to the work of this contract
DIVISION 4 – MASONRY, as applies to the work of this contract
DIVISION 5 – METALS, Complete
DIVISION 7 – 07620 – Sheet Metal Flashing and Trim, as applies to the work of this contract.
DIVISION 14 – CONVEYING SYSTEMS, as applies to the work of this contract.

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 15%.

STRUCTURAL AND MISCELLANEOUS STEEL


Contractor shall provide all labor, material and equipment to fully perform the work of all new and modified
steel structural, miscellaneous and ornamental metals systems including but not limited to columns, beams,
plates, angles, pan stairs and railings, steel embeds and anchors, framing for new openings or infills in
existing structural systems 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 work
including but not limited to the following tasks:

1. Anchor bolts and bearing plates, to be provided to others for installation in concrete footings;
2. Angle and wide flange lintels furnished to be installed by others in the new and existing
masonry walls.
3. Steel beams and columns;
4. Metal floor and roof decking;
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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 Specification
Section 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.
Any and all required structural bracing for structural systems to remain shall be included in
this scope of work.
26. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
27. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
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 Mount
Pleasant Library.
30. 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.
31. Labor for incidental project clean-up
32. 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 07
ROOFING AND WATERPROOFING

SCOPE OF WORK – ROOFING AND WATERPROOFING

DEFINITION OF PROJECT AREA:

The Scope of Work includes the roofing and sheetmetal 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract.
DIVISION 3 – CONCRETE, as applies to the work of this contract
DIVISION 4 – MASONRY, as applies to the work of this contract
DIVISION 6 – WOOD AND PLASTICS, as applies to the work of this contract
DIVISION 7 – THERMAL AND MOISTURE PROTECTION, Complete.

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 50%.

ROOFING AND SHEETMETAL


Contractor shall provide labor, materials and equipment to fully perform all new roofing systems including
but not limited sheetmetal work, roof insulation, SBS modified bituminous membrane roof and flashings 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 work
including but not limited to the following tasks:

1. Roof insulation
2. Wood blocking as required or as indicated in the drawings and specifications
3. Wood parapet blocking
4. Aluminum copings
5. Drainage board.
6. Plaza, roof or walk path pavers and paver pedestals
7. Basement wall waterproofing
8. Flashing around roof penetrations, equipment bases and curbs
9. Gutters and downspouts
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10. Coordination of transitions between glazed skylight systems integrated gutters where
interfacing with the scope of this contract to ensure weather tight enclosure.
11. Weatherwall system “air and water barrier,” complete, including exterior weatherwall water
testing.
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 in
the 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.
Any and all required structural bracing for structural systems to remain shall be included in
this scope of work.
18. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
19. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
20. 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.
21. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library.
22. 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.
23. Labor for incidental project clean-up
24. Miscellaneous temporary protection of existing conditions during construction as specifically
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
existing building pre-construction condition documentation.
27. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
28. Submittals will be required for approval prior to execution of the work.
29. Contractor shall provide all hoisting and lifting required for the performance of the work of
this contract.

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BP 08
ALUMINUM CURTAIN WALL, STOREFRONTS, GLASS AND GLAZING &
SKYLIGHTS

SCOPE OF WORK – ALUMINUM CURTAIN WALL, STOREFRONTS AND GLASS


AND GLAZING & SKYLIGHTS
DEFINITION OF PROJECT AREA:

The Scope of Work includes the aluminum curtain wall, storefronts, skylights, windows, doors and glass and
glazing 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact to
the work of this contract.
DIVISION 5 – Section 05120 – Structural Steel, and Section 05500 – Metal Fabrications, as applies to the
work of this contract.
DIVISION 6 – WOOD AND PLASTICS, as applies to the work of this contract
DIVISION 7 – THERMAL AND MOISTURE PROTECTION, as applies to the work of this contract
including Section 07415 – Composite Metal Wall Panels and Section 07620 Sheet Metal Flashing and Trim
DIVISION 8 – DOORS AND WINDOWS, as applies to the work of this contract and including, but not
limited to Section 08411 – Aluminum-Framed Entrances and Storefronts, Section 08520 – Aluminum
Windows, Section 08630 Metal Framed Skylights, Section 08800 – Glazing, Section 08830 – Mirrors,
Section 8911 – Glazed Aluminum Curtain Walls, and 08710 – Door Hardware, as applicable.

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 35%.

ALUMINUM CURTAIN WALL, STOREFRONTS, GLASS AND GLAZING


Contractor shall provide all labor, material and equipment necessary for all new glass and glazing systems
including but not limited aluminum curtain wall, storefronts, glass and glazing, metal-framed skylights and
composite 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 work
including but not limited to the following tasks:

1. Structurally glazed and aluminum curtain wall systems;


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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
testing, weld and connection testing and inspections;
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.
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 be
included in this scope of work.
22. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
23. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
24. 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.
25. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library.
26. 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.
27. Labor for incidental project clean-up
28. Miscellaneous temporary protection of existing conditions during construction as specifically
specified herein and OSHA safety barricades, rails and floor coverings, for this Work.
29. Engineering, site survey and layout for this Work.
30. Provide monthly Project construction progress documentation & photographs, including
existing building pre-construction condition documentation.
31. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades including label removal.
32. Submittals will be required for approval prior to execution of the work.
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33. Contractor shall provide all hoisting and lifting required for the performance of the work of
this contract.

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BP 09
LIGHT GAUGE FRAMING, DRYWALL, CEILINGS AND PAINTING

SCOPE OF WORK – LIGHT GAUGE FRAMING, DRYWALL, CEILINGS AND PAINTING


DEFINITION OF PROJECT AREA:

The Scope of Work includes the structural and miscellaneous steel 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract. Reference Section 01351 – Special Procedure for Historic Treatment, for impact to the work of this
contract.
DIVISION 5 – Section 05500 – Metal Fabrications, as applies to the work of this contract.
DIVISION 6 – Section 06160 - Sheathing, as applies to the work of this contract
DIVISION 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
contract
DIVISION 8 – DOORS AND WINDOWS, as applies to the work of this contract
DIVISION 9 – Section 09111 – Non-Load Bearing Steel Framing, Section 09210 – Gypsum Plaster, Section
09250 – Gypsum Board, Section 09852 – Sound-Absorbing Wall Units, Section 09912 – Painting, Section
09931 – Wood Stains and Transparent Finishes, and Section 09992 – Painting Restoration.

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 50%.

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 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
including but not limited to the following tasks:

1. Light framing and furring;


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 finish
carpentry, millwork, accessories, specialties and/or other scheduled equipment.
5. Acoustical ceilings with all associated hangers and supports per A0.12 Finish Schedule
6. Wood ceiling systems
7. Acoustical sound-absorbing wall panels
8. Framing and blocking at metal stud partitions to support glass door or other equipment as
necessary
9. 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 frames
12. Batt and sound insulation
13. 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 new
work.
14. Painting, wallcovering or staining/transparent finishing as indicated including but not limited
to 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 seals
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. 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 in
this scope of work.
25. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
26. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
27. 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.
28. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library.
29. 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.
30. Labor for incidental project clean-up

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31. Miscellaneous temporary protection of existing conditions during construction as specifically


specified 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
existing building pre-construction condition documentation.
34. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
35. Submittals will be required for approval prior to execution of the work.
36. Contractor shall provide all hoisting and lifting required for the performance of the work of
this contract.
37. Contractor shall restore adjacent property to its original condition after completion of this
work.

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BP 10
DOORS, FRAMES, HARDWARE, AND MISC SPECIALTIES
SCOPE OF WORK – DOORS, FRAMES, HARDWARE, AND MISC SPECIALTIES
DEFINITION OF PROJECT AREA:

The Scope of Work includes the carpentry, hollow metal, wood doors and finish hardware 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact to
the work of this contract.
DIVISION 5 – Section 05500 – Metal Fabrications, as applies to the work of this contract
DIVISION 6 – WOOD AND PLASTICS, as applies to the work of this contract
DIVISION 7 – Section 07920 – Joint Sealants, as applies to the work of this contract
DIVISION 8 – DOORS AND WINDOWS, as applies to the work of this contract
DIVISION 10 – Section 10155 – Toilet Compartments, and Section 10801 – Toilet and Bath Accessories
DIVISION 11 – Section 11056 – Depressible Book Return Bins, complete.
CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 100%.

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 doors
and 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 work
including but not limited to the following tasks:

1. Furnish and install plywood and sleepers for the raised platform and ramp in Room 205 per
framing plan indicated on Sheet S1.03
2. Furnish and install hollow metal doors and frames including oversized sliding door and frame
3. Furnish and install wood doors
4. Furnish and install finish hardware, except those at glass doors included under Bid Package
08
5. 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 frames
8. Caulk between counter tops and backsplashes
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9. Caulk between backsplashes and walls


10. Furnish and install stainless steel toilet compartments and accessories
11. 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 in
the 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.
Any and all required structural bracing for structural systems to remain shall be included in
this scope of work.
18. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
19. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
20. 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.
21. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library.
22. 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.
23. Labor for incidental project clean-up
24. Miscellaneous temporary protection of existing conditions during construction as specifically
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
existing building pre-construction condition documentation.
27. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
28. Submittals will be required for approval prior to execution of the work.
29. Contractor shall provide all hoisting and lifting required for the performance of the work of
this contract.

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BP 11
FLOORING

SCOPE OF WORK – FLOORING


DEFINITION OF PROJECT AREA:

The Scope of Work includes all floor finishes 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract. Additionally, reference Section 01351 – Special Procedures for Historic Treatment for impact to
the work of this contract.
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 contract
DIVISION 9 – Section 09310 – Ceramic Tile, Section 09629 – Cork Flooring, Section 09651 – Resilient
Floor Tile, Section 09653 – Resilient Wall Base and Accessories, Section 09681 – Carpet Tile, as applies to
the work of this contract
DIVISION 12 – Section 12484 – Floor Mats and Frames

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 35%.

FLOORING
Contractor shall provide all labor, material and equipment for all flooring work including but not limited to
ceramic tile, carpeting, slate flooring, resilient flooring and base 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 work
including but not limited to the following tasks:

1. Floor prep and flash patch as required including leveling and patching of minor imperfections
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 10
4. Carpet tile
5. Ceramic tile floors, walls and base

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6. Cork tile flooring


7. Vinyl composite floor tile
8. Vinyl treads and risers
9. Rubber base and stair nosing
10. Prefinished wood flooring type WD09
11. Recessed floor mats and frames
12. Independent Testing & Inspection Services required for this Work, including materials
testing, weld and connection testing and inspections;
13. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
14. Contractor is required to provide pre-existing surveying (photographs or video taping).
15. Contractor shall coordinate this work with other work in progress.
16. 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 in
this scope of work.
17. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
18. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
19. 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.
20. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library.
21. 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.
22. Labor for incidental project clean-up
23. Miscellaneous temporary protection of existing conditions during construction as specifically
specified herein and OSHA safety barricades, rails and floor coverings, for this Work.
24. Engineering, site survey and layout for this Work.
25. Provide monthly Project construction progress documentation & photographs, including
existing building pre-construction condition documentation.
26. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
27. Submittals will be required for approval prior to execution of the work.
28. Contractor shall provide all hoisting and lifting required for the performance of the work of
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 12
TERRACOTTA

SCOPE OF WORK – TERRACOTTA


DEFINITION OF PROJECT AREA:

The Scope of Work includes the interior and exterior terracotta panel/baguette systems 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract.
DIVISION 5 – Section 05500 – Metal Fabrications, as applies to the work of this contract
DIVISION 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 contract
DIVISION 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, as
applies to the work of this contract
DIVISION 9 – Section 09111 – Non-Load Bearing Steel Framing, Section 09380 – Terracotta and Stone Tile
as applies to the work of this contract

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 35%.

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:
1. Terracotta exterior wall panels/baguettes in scheduled patterns and as detailed at exterior
walls including backup sheathing, framing and supports, mineral wool insulation, and sealants
2. Terracotta exterior panels/baguettes in scheduled patterns and as detailed at roof screen false
mansard including backup framing and supports
3. Terracotta interior wall cladding panels/baguettes in scheduled patterns and as detailed at
interior walls as an extension of exterior wall systems; light gauge framing and miscellaneous
structural 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 penetration
of the weatherwall system.
6. Testing & Inspection Services for the Work, including sub-grade & backfill compaction and
materials testing; concrete, grout & rebar inspections and testing;
7. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
8. Contractor is required to provide pre-existing surveying (photographs or video taping) for the
Work.
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.
Any and all required structural bracing for structural systems to remain shall be included in
this scope of work.
11. Contractor shall remove and transport debris resulting from these operations and materials to
site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
12. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
13. 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.
14. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library
15. 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.
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
existing building pre-construction condition documentation.
21. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
22. Submittals will be required for approval prior to execution of the work.
23. Contractor shall provide all hoisting and lifting required for the performance of the work of
this contract.
24. Contractor shall protect existing adjacent facilities, structures and site improvements to
remain, during this remediation scope contract and restore damaged improvements to their
original condition or better as required by drawings and specifications. Additionally
Contractor shall survey the site and examine the Drawings and Specifications to determine
the extent of the work.
25. Contractor shall restore adjacent property to its original condition after completion of this
work.

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BP 13
MILLWORK 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

DEFINITION OF PROJECT AREA:

The Scope of Work includes the new millwork as scheduled, as well as the planning, cataloguing and
dismantling and storage of identified historic materials, later to be refinished and reinstalled, and the
temporary protection of historic materials to remain in place during construction activities of 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 01351 – Special Procedures for Historic Treatment. Section 01310 – Project
Management and Coordination, as applies to the work of this contract.
DIVISION 6 – Section 06402 – Interior Architectural Woodwork, complete. Section 06105 – Miscellaneous
Carpentry, as applies to the work of this contract.
DIVISION 8 – Section 08212 – Stile and Rail Wood Doors, complete.

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 35%.

MILLWORK, WOOD WINDOWS, SALVAGE/REPAIR/REFINISH/REINSTALL


The Contractor shall be required to provide all labor, material and equipment to perform the millwork (new
and salvaged) and wood windows (new and salvaged), and salvage/repair/refinish/reinstall scope of work
including but not limited to the following tasks:

1. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
2. Contractor shall locate and clearly flag doors to remain or to be relocated
3. 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 and
maintain 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 or
otherwise 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 or
cornice trim moulding.
10. Repair and refinish including protecting in place as required all millwork (including HVAC
fan 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 bonded
warehouse for safekeeping. While performing the salvage services the Contractors shall also
use 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 the
project. Aforementioned materials must be kept in a climate controlled environment at all
times.
21. Contractor shall protect existing adjacent facilities, structures and site improvements to
remain, during this remediation scope contract and restore damaged improvements to their
original condition or better as required by drawings and specifications. Additionally
Contractor shall survey the site and examine the Drawings and Specifications to determine the
extent of the work.
22. The Contractor shall ensure that no elements determined to be unstable are left unsupported
once 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 safe
and 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 to
CM and Architect for their use.
25. Contractor shall remove and transport debris resulting from demolition operations and
materials later determined not to be reused to a legal off site disposal area. Recyclable
materials shall be separated and stored or stockpiled without intermixing with other surplus
materials before transporting to recycling facilities.
26. Only those items specifically shown to be removed shall be removed without prior approval
of the Architect.
27. 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.
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28. A detailed work plan and schedule showing means and methods to be used in this package
will 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.
30. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library

EXCLUDED ACTIVITIES

1. Existing windows not indicated to be removed. Protect in place only (no requirement for
removal, salvage or restoration).
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’s
Representative, the Architect to review the contractor’s protection and salvage plan once submitted
prior to approval.

Contractor shall name Owner as Additional Insured on its Liability Insurance Policies and will
provide 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 the
Salvage, Preserve and Protection of the Mount Pleasant Library.

Proposals shall list Total Proposed Costs as well as break-out costs for overhead, profit and general
requirements in a not-to-exceed amount for the Contract.

Contractors will provide evidence of their experience with similar projects as well as references who
may be contacted by the Client.

The Client will select a Contractor based on the quality of the submittals, the experience of the
Contractor, and the amount of the not-to-exceed price. Client reserves the right to determine an
optimum solution based on the combination of the factors listed above.

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BP-14
ELEVATOR SYSTEMS

SCOPE OF WORK – ELEVATOR SYSTEMS


DEFINITION OF PROJECT AREA:

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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 this
contract.
DIVISION 5 – METALS, as applies to the work of this contract
DIVISION 9 – FINISHES, as applies to the work of this contract
DIVISION 14 – CONVEYING SYSTEMS, Complete

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 10%.

ELEVATOR
Contractor shall provide all labor, material, and equipment necessary for the machine room less elevator 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 a scope of work
including but not limited to the following tasks:

1. Elevator sills and sill angles


2. Elevator door frames and supports
3. Elevator shaft, exhaust and venting as required.
4. Elevator cab finishes complete, excluding finish flooring
5. 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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9. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
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.
Any and all required structural bracing for structural systems to remain shall be included in
this scope of work.
12. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
13. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
14. 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.
15. 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.
16. Labor for incidental 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 this Work.
19. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
20. Submittals will be required for approval prior to execution of the work.
21. Contractor shall provide all hoisting and lifting required for the performance of the work of
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-15
HVAC, PLUMBING & FIRE PROTECTION

SCOPE OF WORK – HVAC, PLUMBING & FIRE PROTECTION


DEFINITION OF PROJECT AREA:

The Scope of Work includes the mechanical 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 01810 – General Commissioning Requirements, Section 01815 – Commissioning of
HVAC, Section 01820 – Demonstration and Training, Section 01310 – Project Management and
Coordination, as applies to the work of this contract.
DIVISION 7 – Section 07842 – Fire-Resistive Joint Systems and Section 07920 – Joint Sealants, as applies
to 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

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 50%.

MECHANICAL
Contractor shall provide all labor, material and equipment necessary for the mechanical 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 a scope of work
including but not limited to the following tasks:

1. Drain, turn off and cap plumbing and mechanical systems to make safe and ready for removal
of this material by others
2. Domestic water, chilled water and gas piping with all required hangers, valves and back flow
preventers
3. Sanitary sewer lines with all required vents, traps and clean outs
4. 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 insulation


7. 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 valves
9. Fire department connection and fire pump test header
10. Caulking of all plumbing fixtures
11. Hot water heaters
12. Connections as required for refrigerator, ice maker, dishwasher
13. Interior floor and trench drains
14. Sump pumps
15. Roof drains
16. Wall hydrants
17. Grills and diffusers
18. Fire dampers
19. 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 required
28. 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 not
limited to LEED commissioning requirements.
30. Independent Testing & Inspection Services required for this Work, including materials
testing, weld and connection testing and inspections;
31. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
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.
Any and all required structural bracing for structural systems to remain shall be included in
this scope of work.
35. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
36. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
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37. 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.
38. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library.
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-up
41. Miscellaneous temporary protection of existing conditions during construction as specifically
specified herein and OSHA safety barricades, rails and floor coverings, for this Work.
42. Engineering, site survey and layout for this Work.
43. Provide monthly Project construction progress documentation & photographs, including
existing building pre-construction condition documentation.
44. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
45. Submittals will be required for approval prior to execution of the work.
46. Contractor shall provide all hoisting and lifting required for the performance of the work of
this contract.

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BP-16
ELECTRICAL

SCOPE OF WORK – ELECTRICAL


DEFINITION OF PROJECT AREA:

The Scope of Work includes the electrical 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 Subcontractor
management 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 bid
documents, 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 Contract
Requirements. 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 01810 – General Commissioning Requirements, Section 01820 – Demonstration and
Training, Section 01310 – Project Management and Coordination, as applies to the work of this contract.
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 applies
to 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, Complete
DIVISION 17 – Section 17100 – Voice and Data Communication Cabling

CBE SET-ASIDE REQUIREMENTS

The minimum CBE Set-Aside Requirement for this Scope of Work is 35%.

ELECTRICAL
Contractor shall provide all labor, material and equipment necessary for the electrical 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 work
including but not limited to the following tasks:

1. Turn off power for the electrical system as required to make the building safe for demolition
work to be performed by others;
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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7. Electrical panels and equipment with required breakers and disconnects;


8. Fire alarm systems with all panels including annunciator panel, alarms, pull stations, conduit
and wiring;
9. Telecom, data and communication wiring with all panels, conduit, wire and jacks;
10. Security systems
11. Primary and secondary electrical ductbank with all pull stations and vaults;
12. Sawcutting as required for floor boxes, work includes patching back concrete and caulking;
13. Demo, excavate, backfill and remove excess dirt for underslab or underground utilities.
14. Permanent site lighting including poles and pole bases;
15. Install, maintain and later remove temporary electrical systems and lighting for use by all
trades throughout the building, and any other necessary temporary electrical requirements for
use during the duration of the project including relocation as necessary;
16. Hook up of temporary offices and temporary site lighting and security systems;
17. Cleaning of light lenses prior to final turn over of building to the owner;
18. Electrical connections to mechanical equipment including required starters and disconnects;
19. Provide cutouts, coring and/or channeling of existing construction as required for installation
of new work
20. Fire caulking of all penetrations from the electrical work through fire walls and floors;
21. Sealing of all penetrations from the electrical work through walls, floors and roof;
22. Commisssioning, start up, demonstration and training session with owner maintenance people
showing how to operate and maintain all mechanical systems and units including but not
limited to LEED commissioning requirements.
23. Independent Testing & Inspection Services required for this Work, including materials
testing, weld and connection testing and inspections.
24. During the period of this work, contractor agrees that all employees must be experienced in
the performance of this work.
25. Contractor is required to provide pre-existing surveying (photographs or video taping).
26. Contractor shall coordinate this work with other work in progress.
27. 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 in
this scope of work.
28. Contractor shall remove and transport debris resulting from erection operations and materials
to site disposal area. Recyclable materials shall be separated and stored or stockpiled without
intermixing with other surplus materials before transporting to recycling facilities in
accordance with a recycling program consistent with the Project LEED Certification Program.
29. Contractor shall comply with all requirements to achieve LEED points toward the Silver
certification goal as indicated in the bid documents.
30. 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.
31. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Mount
Pleasant Library;
32. 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;
33. Labor for incidental project clean-up;
34. Miscellaneous temporary protection of existing conditions during construction as specifically
specified herein and OSHA safety barricades, rails and floor coverings, for this Work;
35. Engineering, site survey and layout for this Work;

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36. Provide monthly Project construction progress documentation & photographs, including
existing building pre-construction condition documentation;
37. Contractor shall leave the workplace in a clean and presentable condition ready for
subsequent trades and prepared for finishes as specified.
38. Submittals will be required for approval prior to execution of the work.
39. Contractor shall provide all hoisting and lifting required for the performance of the work of
this contract.

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PART IV

SECTION K: CERTIFICATIONS, REPRESENTATIONS AND OTHER


STATEMENTS OF BIDDERS

K-1. Certification of Eligibility

K-2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower


Tier 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, (the
Company) or any person associated therewith in the capacity of (owner, partner, director, officer, principal
investigator, 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 any
Federal, District or State statutes;

has not been suspended, debarred, voluntarily excluded or determined ineligible by an Federal, District or state
agency 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 competent
jurisdiction 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 of
offeror. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action.
Providing 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 _____day of

At
City and State

Notary Seal Notary Public

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K-2

CERTIFICATE REGARDING
DEBARMENT, SUSPENSION,
INELIGIBILTY AND VOLUNTARY
EXCLUSION

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Project Name: Mount Pleasant Library General Construction

CERTIFICATION REGARDING DEBARMENT


SUSPENSION, 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, (the
Company) or any person associated therewith in the capacity of (owner, partner, director, officer, principal
investigator, 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 any
Federal, District or State statutes;

has not been suspended, debarred, voluntarily excluded or determined ineligible by an Federal, District or state
agency 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 competent
jurisdiction 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 of
offeror. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action.
Providing 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 day

At
City and State

Notary Seal Notary Public

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Project Name: Mount Pleasant Library General Construction

K-3

CERTIFICATE OF PAYMENT TO
SUBCONTRACTOR AND SUPPLIERS
CERTIFICATION

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Project Name: Mount Pleasant Library General Construction

PAYMENT TO SUBCONTRACTOR AND SUPPLIERS CERTIFICATE

The Contractor, prior to receiving a progress payment, shall submit to the Contracting Officer,
certification that the Contractor has made and will make timely payments to his subcontractor
and suppliers per his contractual arrangements with them.

The certification must be accompanied by a list of all subcontractor and suppliers who will receive payment
from the invoice and the dollar amount. Payment will not be made until the Prime Contractor submits this
information.

Certification shall be made on the following standard form to:

Wayne R. Minor, Chief Procurement Officer


Office of Procurement
901 G Street N.W., Suite 434
Washington, D.C. 20001

I hereby certify:

I have made and/or will make timely payments to all my subcontractor and suppliers per my
contractual arrangements with them.

Contractor/Company Name

Signature of Official

Date Title

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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 the
requirements of Mayor's Order 85-85 is a requirement of this contract. These Affirmative Action Plans must
be received by Wayne R. Minor, Chief Contracting Officer, DC Public Library Office of Procurement, 901
G Street NW Washington, DC Suite 401, within five (5) working days subsequent to the bid opening. Failure
to 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 and
nine/tenths percent (6.9%) in the Contractor1s and subcontractor' aggregate construction workforce is
applicable to this project.

DC RESIDENT HIRING GOAL

In accordance with the Mayor’s Order 83-265. A signed First source Employment Agreement is a
requirement for all contracts of $100,000.00 or more. Failure to sign the First Source Employment
Agreement, included as a part of the bid forms, may render the bid non-responsive. The First source
Employment Agreement must be submitted with the bid.

Any agreement of a contractual nature shall contain the following basic goals and objectives for utilization of
BONA 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 are
residents 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 perform
construction or renovation work with a single contract or cumulative contracts of at least $500,000.00 let
within a twelve (12) month period, shall be required to register an apprenticeship program with the District
of 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 CONSTRUCTION
PROJECTS, DATED 1973; as amended by the Transmittal Sheet No.5.

(1) In Items A, B and C, except for subparagraph C5, wherever the words "Apprenticeship
Council, DC Department of Labor" appear, add immediately after: "and/or U.S. Department
of Labor."

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The Contractor and all Subcontractors shall furnish to the Contracting Officer written evidence of the
registration of his/her program and apprentice as well as the appropriate ratios and wage rates for the areas of
construction, 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 is
qualified to perform the job and also agrees to take Affirmative Action to hire, recruit, train and upgrade
qualified handicapped persons without discrimination.

UTILIZATION OF MINORITY BANKING INSTITUTIONS:

All prime and subcontractor are encouraged to use the services of banks and other financial institutions
owned 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 FOR


EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE,
MARITIAL STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, FAMILY
RESPONSIBILITIES, MATRICULATION, POLITICAL AFFILIATION, OR PHYSICAL HANDICAP.

________________AGREES TO AFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE


EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT, WITHOUT
REGARD TO THEIR RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITIAL
STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, FAMILY RESPONSIBILITIES,
MATRICULATION, POLITICAL AFFILIATION, OR PHYSICAL HANDICAP.THE AFFIRMATIVE
ACTION 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 CONCERNING


NON-DISCRIMINATION AND AFFIRMATIVE ACTION.

________________SHALL STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE


CONSIDERATION FOR EMPLOYMENT PURSUANT TO SUBSECTION 1103.2 THROUGH 1103.10
OF MAYOR’S ORDER 85-85; “EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS IN
CONTRACTS.”

________________AGREES TO PERMIT ACCESS TO ALL BOOKS PERTAINING TO ITS


EMPLOYMENT PRACTICES, AND TO REQUIRE EACH SUBCONTRACTOR TO PERMIT ACCESS
TO BOOKS AND RECORDS.

________________AGREES TO COMPLY WITH ALL GUIDELINES FOR EQUAL EMPLOYMENT


OPPORTUNITY APPLICABLE IN THE DISTRICT OF COLUMBIA.

________________SHALL INCLUDE IN EVERY SUBCONTRACT THE EQUAL OPPORTUNITY


CLAUSES, SUBSECTION 1103.2 THROUGH 1103.10 SO THAT SUCH PROVISIONS SHALL BE
BINDING 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 OPPORTUNITY


REQUIREMENTS

MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND THE RULES IMPLEMENTING MAYORS
ORDER 85-85, 33 DCR 4952, (PUBLISHED AUGUST 15, 1986), “ON COMPLIANCE WITH EQUAL
OPPORTUNITY REQUIREMENTS IN DISTRICT GOVERNMENT CONTRACTS,” ARE HEREBY
INCLUDED AS PART OF THIS BID/PROPOSAL. THEREFORE, EACH BIDDER/OFFEROR SHALL
INDICATE BELOW THEIR WRITTEN COMMITMENT TO ASSURE COMPLIANCE WITH
MAYOR’S ORDER 85-85 AND THE IMPLEMENTING RULES. FAILURE TO COMPLY WITH THE
SUBJECT MAYOR’S ORDER AND THE IMPLEMENTING RULES SHALL RESULT IN REJECTION
OF THE RESPECTIVE BID/PROPOSAL.

I, ______________________________________________, THE AUTHORIZED REPRESENTATIVE OF


___________________________________________, HEREINAFTER REFERRED TO AS “THE
CONTRACTOR,” CERTIFY THT THE CONTRATOR IS FULLY AWARE OF ALL OF THE
PROVISIONS OF MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND OF THE RULES
IMPLEMENTING MAYOR’S ORDER 85-85, 33 DCR 4952. I FURTHER CERTIFY AND ASSURE
THAT THE CONTRACTOR WILL FULLY COMPLY WITH ALL APPLICABLE PROVISIONS OF THE
MAYOR’S ORDER AND IMPLEMENTING RULES IF AWARDED THE D.C. GOVERNMENT
REFERENCED BY THE CONTRACT NUMBER ENTERED BELOW. FURTHER, THE
CONTRACTOR ACKNOWLEDGES AND UNDERSTANDS THAT THE AWARD OF SAID
CONTRACT AND ITS CONTINUATION ARE SPECIFICALLY CONDITIONED UPON THE
CONTRACTOR’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 OF Reply to:
COLUMBIA DCPL Office of Procurement
DC Public Library Office of Procurement 901 G Street NW Suite 401
Employer Information Report (EEO)
Washington, DC 20001
Instructions:
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 each
establishment 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) OFFICIAL


USE
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. Employer
Identification No.
2. Establishment for which this report is filed. OFFICIAL
USE
ONLY
a. Name of establishment c.

Address (Number and street) City or Town Country State Zip Code
d.
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 OFFICIAL
Yes No Did not report Report on combined as that reported last year? Yes No USE
Last year basis No report last year Reported on combined basis ONLY

2. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale plumbing
supplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal business or industrial
activity.
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 including
apprentices and on-the-job trainees unless specifically excluded as set forth in the instructions. Enter the
appropriate 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
MINORITY GROUP EMPLOYEES
TOTAL EMPLOYEES IN ESTABLISHMENT MALE FEMALE
Total Total Total
JOB Employees Male Female Spanish Span
CATEGORIES Including Including Including Black Oriental American Surname Black Oriental American ish
Minorities Minorities Minorities Indian American Indian Surn
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) ame
Ame
rican
(11)
Officials and
Managers

Professionals
Technicians
Sales Workers
Office and Clerical
Craftsman (Skilled)
Operative (Semi-
Skilled)
Laborers (Unskilled)
Service Workers

TOTAL

Total employ reported


in previous report
(The trainee below should also be included in the figures for the appropriate occupation categories above)
Formal White
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
On-The- collar (11)
Job
Trainee
Produ
ction

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 differs
from that given above, explain major changes in composition or reporting units, and other pertinent information.
Section F - CERTIFICATION
Check 1. All reports are accurate and were prepared in accordance with the instructions(check on consolidated only)
One 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 Address
This 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.

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PROJECTED GOALS AND TIMETABLES FOR FUTURE HIRING

MINORITY GROUP EMLOYES GOALS TIMETABLES


____________________________________________________________________________________
JOB MALE FEMALE
CATEGORIES AMERICAN AMERICAN
BLACK ASIAN INDIAN HISPANIC BLACK ASIAN INDIAN HISPANIC

OFFICIALS &
MANAGERS

PROFESSION
ALS

TECHNICIANS
SALES
WORKERS
OFFICE AND
CLERICAL
CRAFTSMANS
(SKILLELD)
OPERATIVE
(SEMI-
SKILLED)
LABORERS
(UNSKILLED)
SERVICE
WORKERS

TOTALS
NAME OF AUTHORIZED OFFICIAL: TITLE: SIGNATURE:

FIRM NAME: TELEHONE NO: DATE:

INDICATE IF THE PRIME UTILIZES A “MINORITY FINANCIAL INSTITUTION”

_______ Yes _______ No

NAME:

ADDRESS:

TYPE OF ACCOUNT/S:

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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 District
of Columbia self-government and Government Reorganization Act of 1973 as amended, D.C. Code section
1-242 (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 and
with 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 Government
contracts, 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 programs
by Contractors and subcontractor in the performance of contracts with the District of Columbia
Government.

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 forth
herein, and any rules, regulations, guidelines, and procedures adopted pursuant thereto.

3. Responsibilities: The Director of the Office of Human Rights shall be responsible for establishing
and ensuring agency compliance with the policy set forth in this Order, any rules, regulations, and
procedures that may be adopted by the Office of Human Rights pursuant to this Order, and any other
equal 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 powers
and duties:
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(a) to establish standards and procedures by which Contractors and subcontractor who perform
under District of Columbia Government contracts shall comply with the equal opportunity
provisions of their contracts; to issue all orders, rules, regulations, guidelines, and procedures
the Director may deem necessary and proper for carrying out and implementing the purposes
of this Order;
(b) to assume equal opportunity compliance jurisdiction over any matter pending before a
contracting agency where the Director considers it necessary or appropriate for the achievement
of the purposes of this Order, keep the contracting agency informed of all actions taken, and act
through the contracting agency to the extent appropriate and practicable;
(c ) to examine the employment practices of any District of Columbia Government Contractor or
subcontractor, or initiate the examination by the appropriate contracting agency to determine
whether or not the contractual provisions specified in any rules and regulations adopted pursuant
to this Order have been violated, and notify the contracting agency of any action taken or
recommended;
(d) to monitor and evaluate all District of Columbia Government agencies, including those
independent agencies and commissions not required to submit the Affirmative Action Programs
of their Contractors to the Office of Human Rights for approval, to ensure compliance with the
equal 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 other
representative of workers who are or may be engaged in work under contracts and subcontracts
to 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 Contract
Compliance 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, into
reciprocal 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 relating
thereto. No order to terminate or cancel a contract, or to withhold from any Contractor further
District of Columbia Government Contractors shall be issued without affording the Contractor an
opportunity for a hearing. Any order to terminate or cancel a contract or to withhold from any
Contractor further District of Columbia Government contracts shall be issued in accordance with
rules, 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 in
Affirmative 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 with
procedures established by the Office of Human Rights, and report any compliance action to the
Director of the Office of Human Rights;

(c) to comply with the terms of this Order and of the orders, rules, regulations, guidelines, and
procedures of the Office of Human Rights issued pursuant thereto in discharging their
responsibility for securing contract compliance; and

(d) to secure compliance with any rules, regulations, and procedures promulgated pursuant to
this Order before or after the execution of a contract by methods, of conference, conciliation and
persuasion. No enforcement proceedings shall be initiated, nor shall a contract be cancelled or
terminated 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 in
this Order is for any reason declared by any court of competent jurisdiction to be invalid or
unconstitutional, such section, subsection, sentence, clause, phrase, or portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity of the
remaining provisions of this order.

8. Effective Date: This Order shall become effective immediately.

Signed by Adrian M. Fenty


Mayor

ATTEST: Signed by Stephanie D. Scott, PhD


Secretary 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 Contractors
and subcontractor under District of Columbia Government Contracts. Notice of Proposed Rulemaking
was published for public comment in the D.C. Register on April 11, 1986 at 33 DCR 2243. Based on
some the comments received and upon further review by the Office of Human Rights, minor revisions
were 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 citing
its D.C. Code. None of the revisions change the intent of the proposed final rules. Final action to adopt
these final rules was taken on August 4, 1986, and will be effective upon publication of this notice in
the 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 and
subcontractor performing under District of Columbia Government contracts for goods
and services, including construction contracts, for the purpose of assuring equal
employment opportunity for minorities and women.

1100.2 These rules establish requirements for Contractors and subcontractor regarding their
commitment to observe specific standards for the employment of minorities and women and
to achieve affirmative action obligations under District of Columbia contracts. These rules
are not intended nor shall be used to discriminate against any qualified applicant for
employment 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 Office
Human 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 Columbia
Government Contractor; and

(b) Achievement of affirmative action obligations under District of Columbia contracts.


1103 CONTRACT PROVISIONS
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1103.1 Each contract for goods and services, including construction contracts, except
construction subcontracts for standard commercial supplies or raw materials, shall
include as express contractual provisions the language contained in subsections 1103.2
through 1103.10.

1103.2 The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, family responsibilities, matriculation, political affiliation,
or physical handicap.

1103.3 The Contractor agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color,
religion, national origin, sex, age, marital status, personal appearance, sexual orientation,
family responsibilities, matriculation, political affiliation, or physical handicap. The
affirmative action 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.

1103.4 The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contracting Agency, setting
forth the provisions in subsections 1103.2 and 1103.3 concerning non-discrimination and
affirmative action.

1103.5 The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment pursuant to the non-discrimination requirements set forth in subsection
1103.2

1103.6 The Contractor agrees to send to each labor union or representative of workers with
which it has a collective bargaining agreement, or other contract or understanding, a
notice to be provided by the Contracting Agency, advising each labor union or workers’
representative of the Contractor’s commitments under this chapter, and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment.

1103.7 The Contractor agrees to permit access to all books, records, and accounts, pertaining to
its employment practices, by the Director and the Contracting Agency for purposes of
investigation to ascertain compliance with this chapter, and to require under terms of any
subcontractor agreement each subcontractor to permit access of such subcontractor,
books, records, and accounts for such purposes.

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1103.8 The Contractor agrees to comply with the provisions of this chapter and with all
guidelines for equal employment opportunity applicable in the District of Columbia
adopted 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 be
binding upon each subcontractor or vendor.

1103.10 The prime Contractor shall take such action with respect to any subcontractor as the
Contracting Officer may direct as a means of enforcing these provisions, including
sanctions for non-compliance; provided, however, that in the event the prime Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the prime Contractor may request the
District 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 the
Contracting Agency, prior to the execution of any contract in the amount of twenty-five
thousand dollars ($25,000) or more, and each Contractor covered under subsection
1105.1, an Affirmative Action Program to ensure equal opportunity which shall include
specific standards for the utilization of minorities and women in the trades, crafts and
skills 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 and
submit 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 include
specific standards for the utilization of minorities in the job categories specified in
subsection 1108.4.

1104.3 To ensure equal opportunity each Affirmative Action Program shall include the following
commitments:

(a) With respect to construction contracts, each Contractor shall certify that it will
comply with the provisions of this chapter, and submit a personnel utilization
schedule for all the trades the Contractor is to utilize, indicating the actual
numbers 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 it
will comply with the provisions of this chapter, and shall submit a personnel
utilization schedule indicating by craft and skill, the minority composition of the
workforce related to the performance of the work under the contract. The
schedule shall include all workers located in the facility from which the goods and
services are produced and shall include the same information for other facilities
which have a significant relationship to the performance of work under the
contract.
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1104.4 If the experience of the Contractor with any local union from which it will secure
employees indicates that the union will not refer sufficient minorities or women to meet
minority 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 least
two (2) minority and two (2) female referral organizations of the Contractor’s
personnel needs, and request referral of minority and female workers; and

(b) Notify any minority and female workers who have been listed with the
Contractors as awaiting vacancies.

1104.5 If, within five (5) working days prior to commencement of work, the Contractor
determines that the Department of Employment Services or the minority or female
referral organizations are unable to refer sufficient minorities or women to meet its
commitments, the Contractor may take steps to hire, by referral or otherwise, from the
local union membership to fill the remaining job openings, provided that it notifies the
local union of its personnel needs and of its employment commitments. Evidence of the
notification shall be provided to the Contracting Agency.

1104.6 The Contractor shall have standing requests for additional referrals of minority and
female workers with the local union, the Department of Employment Services, and the
other referral sources, until such time as the Contractor has met its minority and female
employment commitments.

1104.7 If the Contractor desires to lay off some of its employees in a given trade on a
construction site, it shall ensure that the required number of minority and female
employees 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 to
speak 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 to
refer minority and female employees to such Contractor.

1104.10 To the extent that Contractors have delegated the responsibility for some of their
employment practices to some other organization or agency which prevents them from
meeting their equal opportunity obligations, those Contractors shall not be considered to
be in compliance with this chapter.

1104.11 The obligations of the Contractor shall not be reduced, modified, or subject to any
provision in any collective bargaining agreement with labor organization which provides
that the labor organizations shall have the exclusive or primary opportunity to refer
employees.

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1104.12 When any Contractor employs a minority person or woman in order to comply with this
chapter, those persons shall be advised of their right to seek union membership, the
Contractor shall provide whatever assistance may be appropriate to enable that person to
obtain membership, and the Contractor shall notify the appropriate union of that person’s
employment.

1104.13 The Contractor shall not discharge, refuse to employ, or otherwise adversely affect any
minority person or woman because of any provision in any collective bargaining
agreement, or any understanding, written or oral that the Contractor may have with any
labor organization.

1104.14 If at any time, because of lack of cooperation or overt conduct, a labor organization
impedes or interferes with the Contractor’s Affirmative Action Program, the Contractor
shall notify the Contracting Agency and the Director immediately, setting forth the
relevant circumstances.

1104.15 In any proceeding involving a disagreement between a labor organization and the
Contractor over the implementation of the Contractor’s Affirmative Action Program, the
Contracting Agency and the Office of Human Rights may become a party to the
proceeding.

1104.16 In determining whether or not a Contractor is utilizing minorities and females pursuant to
Section 1108, consideration shall be given to the following factors:

(a) The proportion of minorities and women employed in the trades and as laborers in
the construction industry within the District of Columbia;

(b) The proportion of minorities and women employed in the crafts or as operatives
in non-construction industries with in the District of Columbia;

(c) The number and ratio of unemployed minorities and women to total
unemployment in the District of Columbia;

(d) The availability of qualified and qualifiable minorities and women for
employment in any comparable line of work, including where they are now
working 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 experience
with 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 present
employee shortages, projected growth of the trade or line of work, and projected
employee turnover.

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1104.17 The Contractor’s commitment to specific standards for the utilization of minorities and
females as required under this chapter shall include a commitment to make every good
faith effort to meet those standards. If the Contractor has failed to meet the standards, a
determination of “good faith” shall be based upon the Contractor’s documented equal
opportunity 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 has
employment opportunities available and shall maintain records of the
organizations’ responses;

(b) The Contractor shall maintain a file of the names and addresses of each minority
and female worker referred to it and what action was taken with respect to each
referred worker. If that worker was not sent to the union hiring hall for referral or
if the worker was not employed by the Contractor, the Contractor’s file shall be
documented and the reasons therefore;

(c) The Contractor shall notify the Contracting Agency and the Director when the
union or unions with which the Contractor has a collective bargaining agreement
has not referred to the Contractor a minority or female worker originally sent to
the union by the Contractor for union registration, or the Contractor has other
information that the union referral process has impeded the Contractor’s efforts to
meet its goals;

(d) The Contractor shall participate in training programs related to its personnel
needs;

(e) The Contractor shall disseminate its EEO policy internally by doing the
following:

(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 explain


and 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 the
following:

(1) Informing and discussing it with all recruitment sources;

(2) Advertising in news media, specifically including news media directed to


minorities and women;
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(3) Notifying and discussing it with all known minority and women’s
organizations; 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 at
all 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 in
accordance 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 assist
in any association or employer group training programs relevant to the Contractor’s
employee needs.

1104.23 The Contractor shall continually inventory and evaluate all minority and female
personnel 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 are
nonsegregated.

1104.26 The Contractor shall continually monitor all personnel activities to ensure that its EEO
policy is being carried out.

1104.27 The Contractor may utilize minority banking facilities as depositories for funds which
may 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 employment
standards, if the experience of the Contractor with any labor union from which it will
secure employees does not indicate that it will refer sufficient minorities and females to
meet its minority and female employment standards.

1104.29 The Contractor shall ensure that all of its employees as well as those of its subcontractor
are 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, as
applicable, 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 the
regulations 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 any
refusal 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 a
failure by the prime Contractor.

1105 EXEMPTIONS

1105.1 Prospective construction Contractors shall be exempt from submitting Affirmative Action
Programs for contracts amounting to less than twenty-five thousand dollars ($25,000.00);
provided, that when a construction Contractor accumulates contracts amounting to
twenty-five thousand dollars ($25,000.00) or more within a period of twelve (12) months
that Contractor shall be required to submit an Affirmative Action Program for each
contract executed thereafter.

1105.2 Prospective non-construction Contractors shall be exempt from submitting Affirmative


Action 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 that
Contractor shall be required to submit an Affirmative Action Program for each contract
executed thereafter.

1106 NONRESPONSIBLE CONTRACTORS

1106.1 If a bidder or offeror fails either to submit a complete and satisfactory Affirmative Action
Program 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 Contracting
Officer 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 the
Director, be rejected by the Contracting Officer.

1106.3 In no case shall there be any negotiation over the provision of specific utilization
standards submitted by the bidder or offeror after the opening of bids or receipt of offer
and prior to award.

1106.4 If any directive or order relating to non responsibility is issued under this section, the
Director shall afford the bidder or offeror a reasonable opportunity to be heard in
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opposition to such action in accordance with subsection 1118.1, or in support of a request


for waiver under section 1109.

1107 NOTICE OF COMPLIANCE

1107.1 Each Contracting Agency shall include, or require the contract bidder or offeror to
include, 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 or
offeror 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 or
not 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 Columbia
Government 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 minority
group and female employment in Federally-involved construction contracts shall be taken
into consideration in any review of these requirements.

1108.2 The construction Contractor’s standards established in accordance with subsection 1108.1
shall express the Contractor’s commitment of the forty-two percent (42%) of minority
personnel who will be working in each specified trade on each of the Contractor’s
District 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 Columbia
Government contract.

1108.3 The hours for minority and female workers shall be substantially uniform throughout the
entire length of the construction contract for each trade used, to the effect that the same
percentage of minority workers in the trades used shall be working throughout the length
of work in each trade on each project, and the aggregate percentage in each project for
females.

1108.4 The minimum standard for the utilization of minorities in non-construction contracts shall
be 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 in


accordance with subsection 1108.4 shall express the Contractor’s commitment of the
twenty-five percent (25%) of minority personnel who will be working in each specified
craft or skill in each contract.

1109 WAIVERS

1109.1 The Director may grant a waiver to a prospective Contractor from the requirement to
submit 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 Affirmative
Action Program, the Contractor can document and otherwise prove it is unable to meet
the 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 that
Contractors shall comply with the minimum standards established pursuant to these rules
for 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 the
contract.

1111 PRIOR TO EXECUTION OF CONTRACT

1111.1 Upon being designated the apparent low bidder or offeror, that Contractor shall submit a
detailed 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 that
will 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 compliance
with this chapter which shall be subject, prior to the execution of any contract, to the
approval of the Director.

1111.3 If the Office of Human Rights does not act within ten (10) working days after the receipt
of the Affirmative Action Program sent for approval, the Contracting Agency may
proceed 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 a
period 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 the
Contracting Agency as required by this chapter, and shall permit access to all books or
records pertaining to its employment practices or worksites.

1111.6 No contract subject to section 1104 shall be executed by the Contracting Agency, if the
apparent low bidder or offeror does not submit an Affirmative Action Program, or if the
Program has been disapproved in writing by the Director.

1111.7 If there is disagreement between the Contractor and the Contracting Officer as to the
adequacy of the Affirmative Action Program, the matter shall be referred to the Director
for a decision.

1112 AFTER EXECUTION OF CONTRACT

1112.1 Each Contractor shall maintain throughout the term of the contract the minimum
standards for the employment of minorities and women, as set forth in the approved
Affirmative Action Program.

1112.2 Each Contractor shall require that each subcontractor or vendor under the contract
comply 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 and
work sites by the Director and the Contracting Agency for purposes of investigation to
ascertain compliance with this chapter.

1113 MONITORING AND EVALUATION

1113.1 The Director shall, from time to time, monitor and evaluate all District of Columbia
Government agencies, including those independent agencies and commissions not
required to submit the Affirmative Action Program of their Contractors, to ensure
compliance with the equal opportunity obligations in contracts, as provided for in this
chapter.

1114 AFFIRMATIVE ACTION TRAINING PROGRAM

1114.1 Each Contractor, in fulfilling its affirmative action responsibilities under a contract with
the District of Columbia Government, shall be required to have, as part of its Affirmative
Action Program, an existing training program for the purpose of training, upgrading, and
promotion of minority and female employees or to utilize existing programs. Those
programs 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 full
use of the applicable training programs, including apprenticeship, on-the job
training, and skill refinement training for journeymen. Recruitment for the
program shall be designed to provide for appropriate participation by minority
group 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 performed
under the contract;

(c) The Contractor may utilize formal private training institutions that have as their
objective training and skill refinement appropriate to the classification of the
workers employed. When training is provided by a private organization the
following information shall be supplied:

(1) The name of the organization;

(2) The name, address, social security number, and classification of the initial
employees and any subsequent employees chosen during the course of the
course 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, the
Contractor shall use its best efforts, in cooperation with unions, to develop joint training
programs aimed toward qualifying more minorities and females for membership in the
union, 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, among
other things, upon the quality of training, numbers of trainees and trades, crafts or skills
involved, 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 female
applicants for apprenticeship or training should be selected in sufficient numbers as to
ensure an acceptable level of participation sufficient to overcome the effects of past
discrimination.

1115 COMPLIANCE REVIEW

1115.1 The Director and the Contracting Agency shall review the Contractor’s employment
practices during the performance of the Contract. Routine or special reviews of
Contractors shall be conducted by the Contracting Agency or the Director in order to
ascertain the extent to which the policy of Mayor’s Order No. 85-85, and the
requirements in this chapter are being implemented and to furnish information that may
be useful to the Director and the Contracting Agency in carrying out their functions under
this chapter.

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1115.2 A routine compliance review shall consist of a general review of the practices of the
Contractor to ascertain compliance with the requirements of this chapter, and shall be
considered 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 be
conducted when warranted.

1116 ENFORCEMENT

1116.1 If the Contractor does not comply with the equal opportunity clauses in a particular
contract, including subsections 1103.2 through 1103.10 of this chapter, that contract may
be cancelled in whole or in part, and the Contractor may be declared by the Director or
the Contracting Officer to be ineligible for further District of Columbia Government
Contracts 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 made
every good faith effort to meet those goals, the Contractor will be presumed to be in
compliance with this chapter, and no formal sanction shall be instituted unless the
Director otherwise determines that the Contractor is not providing equal employment
opportunity.

1116.3 When the Director proceeds with a formal hearing she or he has the burden of proving
that the Contractor has not met the requirements of this chapter, but the Contractor’s
failure to meet its goals shall shift to it the requirement to come forward with evidence to
show 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 Agency
informed 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 the
matter may be resolved by the methods of conference, conciliation, mediation, or
persuasion.

1117.3 If an apparent violation of the non-discrimination provisions of the contract required


under 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 notice
requiring the Contractor in question to show cause, within thirty (30) days, why
enforcement proceedings or other appropriate action should not be initiated.

1117.4 Any employee of any District of Columbia Government Contractor or applicant for
employment who believes himself or herself to be aggrieved may, in person or by an
authorized representative, file in writing, a complaint of alleged discrimination with the
Director.
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1118 HEARINGS

1118.1 In the event that a dispute arises between a bidder, offeror or prospective Contractor and
the Director or the Contracting Officer as to whether the proposed program of affirmative
action for providing equal employment opportunity submitting by such bidder, offeror or
prospective Contractor complies with the requirements of this chapter and cannot be
resolved by the methods of conference, conciliation, mediation, or persuasion, the bidder,
offeror or prospective Contractor in question shall be afforded the opportunity for a
hearing before the Director.

1118.2 If a case in which an investigation by the Director or the Contracting Agency has shown
the existence of an apparent violation of the non-discrimination provisions of the contract
required under section 1103 is not resolved by the methods specified in subsection
1117.2, the Director may issue a notice requiring the Contractor in question to show
cause, within thirty (30) days, why enforcement proceedings or other appropriate action
should not be initiated. The Contractor in question shall also be afforded the opportunity
for a hearing before the Director.

1118.3 The Director may hold a hearing on any compliant or violation under this chapter, and
make 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 Act
of 1977, a notice of thirty (30) working days for the hearing shall be given by registered
mail, return receipt requested, to the Contractor in question. The notice shall include the
following:

(a) A convenient time and place of hearing;

(b) A statement of the provisions in this chapter or any other laws or regulations
pursuant 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 to
make a good faith effort to achieve the utilization standards under an approved
Affirmative Action Program, may impose sanctions contained in this section in addition
to any sanction or remedies as may be imposed or invoked under the Human Rights Act
of 1977.

1119.2 Sanctions imposed by the Director may include the following:

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(a) Order that the Contractor be declared ineligible from consideration for award of
District of Columbia Government contracts or subcontracts until such time as the
Director may be satisfied that the Contractor has established and will maintain
equal opportunity policies in compliance with this chapter; and

(b) Direct each Contracting Officer administering any existing contract to cancel,
terminate, or suspend the contract or any portion thereof, and to deny any
extension, modification, or change, unless the Contractor provides a program of
future compliance satisfactory to the Director.

1119.3 Any sanction imposed under this chapter may be rescinded or modified upon
reconsideration by the Director.

1119.4 An appeal of any sanction imposed by order of the Director under this chapter may be
taken pursuant to applicable clauses of the affected contract or provisions of law and
regulations governing District of Columbia Government contracts.

1120 NOTIFICATIONS

1120.1 The Director shall forward in writing notice of his or her findings of any violations of this
chapter to the Contracting Officer for appropriate action under the contract.

1120.2 Whenever it appears that the holder of or an applicant for a permit, license or franchise
issued by any agency or authority of the Government of the District of Columbia is a
person determined to be in violation of this chapter the Director may, at any time he or
she deems that action the Director may take or may have taken under the authority of this
chapter, refer
to the proper licensing agency or authority the facts and identities of all persons involved
in the violation for such action as the agency or authority, in its judgment, considers
appropriate based upon the facts thus disclosed to it.

1120.3 The Director may publish, or cause to be published, the names of Contractors or unions
which have been determined to have complied or have failed to comply with the
provisions of the rules in this chapter.

1121 DISTRICT ASSISTED PROGRAMS

1121.1 Each agency which administers a program involving leasing of District of Columbia
Government owned or controlled real property, or the financing of construction under
industrial revenue bonds or urban development action grants, shall require as a condition
for the approval of any agreement for leasing, bond issuance, or development action
grant, that the applicant undertake and agree to incorporate, or cause to be incorporated
into all construction contracts relating to or assisted by such agreements, the contract
provisions prescribed for District of Columbia Government contracts by section 1103,
preserving in substance the Contractor’s obligation under those provision.

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1199 DEFINITIONS

1199.1 The following words and phrases set forth in this section, when used in this chapter, shall
have the following meanings ascribed:

Contract – any binding legal relationship between the District of Columbia and a
Contractor for supplies or services, including but not limited to any District of Columbia
Government or District of Columbia Government assisted construction or project, lease
agreements, Industrial Revenue Bond financing, and Urban Development Action grant,
or for the lease of District of Columbia property in which the parties, respectively, do not
stand 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 Columbia
Government. 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 the
effectiveness of his or her proposed program of affirmative action for providing equal
opportunity.

Minority – Black Americans, Native Americans, Asian Americans, Pacific Islander


Americans, 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 subcontractor


where a material part of the supplies or services, including construction, covered by an
agreement is being obtained for us in the performance of a contract subject to Mayor’s
Order No. 85-85, and any rules, regulations, and procedures issued pursuant thereto.

Subcontractor – any Contractor holding a contract with a District prime Contractor


calling 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 procedures
promulgated pursuant thereto.

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K-5

TAX CERTIFICATION AFFIDAVIT

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GOVERNMENT OF THE DISTRICT OF COLUMBIA


OFFICE OF THE CHIEF FINANCIAL OFFICER
OFFICE OF TAX AND REVENUE

TAX CERTIFICATION AFFIDAVIT


THIS AFFIDAVIT IS TO BE COMPLETED ONLY BY THOSE WHO ARE REGISTERED TO
CONDUCT 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 Applicable
District: 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 false
statements 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 Standard


Contract Provisions for use with the District’s Construction Contracts, each
bidder must submit a Bid guarantee in the amount of 5% of the total bid price
with his/her bid.

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GOVERNMENT OF THE DISTRICT OF COLUMBIA

BID BOND Date Bond Executed:


(See Instructions on 2nd page) (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 BID
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, a
municipal corporation, hereinafter called "the District", in the above penal sum for the payment of which we bind ourselves, our heirs, executors, and
successors, 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, jointly
and 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 the
Principal shall not withdraw said bid within the period specified therein after the receipt of the same, or, no period be specified, within ninety (90) calendar
days 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 to
do so, furnish Performance & Payment Bonds with good and sufficient surety, as may be required, for the faithful performance and proper fulfillment of
the 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 the
event 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 the
District the difference between the amount specified in said bid and the amount for which the District may procure the required work and/or supplies, if
the 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. Each
Surety 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 may
grant 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 1. ATTEST Corporate
Seal
Seal
Name & Title (typed) Name & Title (typed)

2. SIGNATURE 2. ATTEST Corporate


Seal
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, on
behalf of the Principal, was then of said Corporation; that I know his signature, and his signature thereto is genuine; that said bond
was duly signed and sealed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its
corporate powers.
_______________________________
Secretary of Corporation

SURETY(IES)
1. Name & Address (typed) State of Inc. Liability Corporate
Limit Seal

Signature of Attorney-in-Fact Attest (Signature)

Name & Address (typed) Name & Address (typed)

1. Name & Address (typed) State of Inc. Liability Corporate


Limit Seal

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 the
face of this form. If practicable, bond should be signed by the President or Vice President; if signed by other official, evidence of
authority must be furnished. Such evidence should be in the form of an Extract or Minutes of a Meeting of the Board of Directors,
or 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 approved
sureties 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 an
adequate 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 last
name opposite the word “seal”, two witnesses must be supplied, and their addresses, under the word “attest”. If executed in
Maine 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, naming it,
and all members of the firm shall execute the bond as individuals. Each signature must be witnessed by two persons and addresses
supplied.

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K-8

CERTIFICATE OF INDEPENDENT PRICE


DETERMINATION

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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 or
competitor 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 the
Bidder, directly, to any other Bidder or competitor before Contract opening unless
otherwise required by law; and

(c ) No attempt has been made or will be made by the Bidder to induce any other concern to
submit 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 being
offered in this Bid, and that the signatory has not participated and will not participate in any
action 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 action
contrary to subparagraphs A(a) through A(c) above:

______________________________________________________________

(insert full name of person(s) in the organization responsible for determining the prices
offered in this Contract and the title of his or her position in the 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 to
subparagraphs A(a) through A(c) above; and

(iii) As an agent, has not participated, and will not participate, in any action contrary to
subparagraphs A(a) through A(c) above.

C. If the Bidder deletes or modifies subparagraph A (b) above, the Bidder must furnish with its
offer 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 following
basic 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 District
of 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 this
contract. The DOES shall be the Contractor’s first source of referral for qualified apprentices and trainees
in the implementation of employment goals contained in this clause.

Date Authorized Signature

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K-10

CERTIFICATION UNDER “BUY


AMERICAN ACT”

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BUY AMERICAN CERTIFICATION

The Bidder hereby certifies that each end product, except the end products listed below, is a domestic end
product, and that components of unknown origin are considered to have been mined, produced, or
manufactured outside the United States.

______________________________________________________EXCLUDED END PRODUCTS

______________________________________________________COUNTRY OF ORIGIN

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K-11

CERTIFICATION AS TO TYPE OF
BUSINESS 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, or
a 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 and
familiarize themselves with the extent of the work. Failure to thoroughly investigate said job
conditions will not be accepted as a proper basis for considering an alleged error in proposal or for
payment of extras under, or revision to, the contract or in any other way as grounds for asserting a
claim 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 the
conference. The purpose of the conference is to provide a structured and formal opportunity for
the District to accept questions from bidders on the solicitation document as well as to clarify the
contents of the solicitation. Attending bidders must complete the Pre-Proposal Conference
Attendance 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, the
Construction Manager and the Owner will answer questions regarding the Plans and
Specifications. 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 and
Specifications.
Impromptu questions will be permitted and spontaneous answers will be provided at the
District’s discretion. Verbal answers given at the pre-proposal conference are only intended for
general discussion and do not represent the Department’s final position. All oral questions must
be submitted in writing following the close of the pre-bid conference but no later than five
working days after the pre-bid conference in order to generate an official answer. Official
answers will be provided in writing to all prospective bidders who are listed on the official
bidder’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 fully
acquainted with the requirements of the Project, will not be considered as a basis for additional
compensation.

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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 most
advantageous to the District, cost or price, technical and other factors, specified elsewhere in
this 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 cost
or 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 which
Offerors’ Proposals should be proffered. References are made to other sections in this RFP for
further explanation.

L.2.1 Submission Identification

Submissions shall be proffered in an original and three (3) copies. The Offeror’s submission
shall 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 Officer


District of Columbia Public Library
901 G Street NW
Washington, 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. The
Offeror assumes the sole responsibility for timely delivery of its Submission, regardless of
the 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. Telephonic,
telegraphic, 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 more
desirable than quantity. The submission shall be organized as follows and shall not exceed
15 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 information
contained 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 each
of 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 staff,


including:

i. Identification of the single point of contact for the Contractor.

ii. Organizational chart illustrating reporting lines and names and titles
for 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 workload
over 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 that
are similar to this project. For purposes of this paragraph, similar shall mean
library or civic association/municipal building construction projects where the
specific trade contract value exceeded $1 million. For purposes of this
requirement, “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 team
member acted as owner’s representative, program manager or construction
advisor. This information may be provided in an overview matrix format or
brief list; however, it should include the (i) name and location of the facility,
(ii) the name of the owner, the time frame of the project, (iii) the original
budget for the project, and (iv) whether the project was delivered on-time and
on-budget. If a project was not delivered on-time or on budget, a brief
description of the reasons should be provided.

B. Detailed descriptions of no more than five (5) projects that best illustrate the
team’s experience and capabilities relevant to this project. On each project
description, please provide all of the following information in consistent
order:

i. 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’s
scope of work, and key firm strengths exhibited

iv. Identification of personnel involved in the selected project who are


proposed to work on this project

v. Project process and schedule data including construction delivery


method, and construction completion date (any unusual events or
occurrences that affected the schedule should be explained)

vi Construction cost data including initial contract amount, and final


construction cost (if final contract amount exceeds original, please
explain why).

L.2.4.4 Local Business Utilization Plan

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

L.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. Proposals,
modifications to proposals, or requests for withdrawals that are received in the designated
District office after the exact local time specified above, are "late" and shall be considered only
if they are received before the award is made and one (1) or more of the following
circumstances apply:

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 Contracting
Officer that the late receipt at the location specified in the solicitation was caused soley by
mishandling 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 Postal
Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal
Service. If neither postmark shows a legible date, the proposal, modification or request for
withdrawal shall be deemed to have been mailed late. When the postmark shows the date but
not the hour, the time is presumed to be the last minute of the date shown. If no date is
shown on the postmark, the proposal shall be considered late unless the Offeror can furnish
evidence from the postal authorities of timely mailing.

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 not
considered shall be held unopened, unless opened for identification, until after award and
then 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 shall
submit the question in writing to the Contact Person, identified on page one, in writing. The
prospective Offeror shall submit questions no later than 5:00pm on March 10, 2010. The District
will not consider any questions received after this date. The District will furnish responses
promptly to all other prospective Offerors. An amendment to the solicitation will be issued if that
information is necessary in submitting offers, or if the lack of it would be prejudicial to any other
prospective Offerors. Oral explanations or instructions given before the award of the contract will
not be binding.

L.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 letter
or postcard whether they want to receive future solicitations for similar requirements. It is also
requested that such recipients advise the DCPL Chief Procurement Officer, of the reason for not
submitting a proposal in response to this SOLICITATION. If a recipient does not submit an offer
and does not notify the DCPL Chief Procurement Officer, that future solicitations are desired, the
recipient's name may be removed from the applicable mailing list.

L.6 PROPOSAL PROTESTS

Any actual or prospective bidder, Offeror, or contractor who is aggrieved in connection with the
solicitation or award of a contract, must file with the D.C. Contract Appeals Board (Board) a
protest no later than 10 business days after the basis of protest is known or should have been
known, whichever is earlier. A protest based on alleged improprieties in a solicitation which are
apparent prior to the time set for receipt of initial proposals shall be filed with the Board prior to
offer opening or the time set for receipt of initial proposals. In procurements in which proposals
are requested, alleged improprieties which do not exist in the initial solicitation, but which are
subsequently incorporated into this solicitation, must be protested no later than the next closing
time for receipt of proposals following the incorporation. The protest shall be filed in writing, with
the Contract Appeals Board, 717 14th Street, N.W., Suite 430, Washington, D.C. 20004. The
aggrieved person shall also mail a copy of the protest to the Contracting officer for the solicitation.

L.7 UNNECESSARILY ELABORATE PROPOSALS

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a


complete and effective response to this solicitation are not desired and may be construed as an
indication of the Offeror's lack of cost consciousness. Elaborate artwork, expensive paper and
bindings, and expensive visual and other presentation aids are neither necessary nor desired

L.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 property
of DCPL and DCPL shall the right to distribute or use such information as it determines.

L.9 PROPOSAL COSTS

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The District is not liable for any costs incurred by the Offerors' in submitting proposals in response
to this solicitation.

L.10 ACKNOWLEDGMENT OF AMENDMENTS

The offeror shall acknowledge receipt of any amendment to this solicitation by (a) signing and
returning the amendment; (b) by identifying the amendment number and date in the space provided
for this purpose in Section K of the solicitation; or (c) by letter or telegram including mailgrams.
The District must receive the acknowledgment by the date and time specified for receipt of offers.
Offerors' failure to acknowledge an amendment may result in rejection of the offer.

L.10.1 Examination of Submissions

Offerors are expected to examine the requirements of all instructions (including all
amendments, addenda, attachments and exhibits) in this RFP. Failure to do so shall be at the
sole risk of the Offeror and may result in disqualification.

L.11 ACCEPTANCE PERIOD

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

L.12 BEST AND FINAL OFFERS

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

L.13 LEGAL STATUS OF OFFEROR

Each proposal must provide the following information:

L.13.1 Name, Address, Telephone Number, Federal tax identification number and DUNS
Number of Offeror;

L.13.2 District of Columbia, if required by law to obtain such license, registration or


certification. If the Offeror is a corporation or partnership and does not provide a copy
of its license, registration or certification to transact business in the District of
Columbia, the offer shall certify its intent to obtain the necessary license, registration or
certification prior to contract award or its exemption from such requirements; and

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L.13.3 If the Offeror is a partnership or joint venture, names of general partners or joint
ventures, and copies of any joint venture or teaming agreements.

L.13.4 The District reserves the right to request additional information regarding the Offeror's
organizational status.

L.14 STANDARDS OF RESPONSIBILITY

The prospective Contractor must demonstrate to the satisfaction of the District the capability in all
respects to perform fully the contract requirements, therefore, the prospective Contractor must
submit 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 such
resources 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 and
governmental business commitments.

L.14.3 Furnish evidence of the necessary organization, experience, accounting and


operational control, technical skills or the ability to obtain them.

L.14.4 Furnish evidence of compliance with the applicable District licensing, tax laws and
regulations.

L.14.5 Furnish evidence of a satisfactory performance record, record of integrity and


business ethics.

L.14.6 Furnish evidence of the necessary production, construction and technical equipment
and facilities or the ability to obtain them.

L.14.7 If the prospective Contractor fails to supply the information requested, the
Contracting Officer shall make the determination of responsibility or non-
responsibility based upon available information. If the available information is
insufficient to make a determination of responsibility, the Contracting Officer shall
determine the prospective Contractor to be non-responsible.

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SECTION M - EVALUATION FACTORS


M.1 EVALUATION FOR AWARD

The contract will be awarded to the responsible offeror whose offer is most advantageous to the
District, based upon the evaluation criteria specified below. Thus, while the points in the evaluation
criteria indicate their relative importance, the total scores will not necessarily be determinative of the
award. Rather, the total scores will guide the District in making an intelligent award decision based
upon the evaluation criteria.

M. 2 EVALUATION CRITERIA

DCPL shall evaluate the initial submissions and any subsequent best and final offers in accordance
with the provisions of this Section M and DCPL’s Procurement Regulations.

M.2.1 Evaluation Committee

Each submission shall be evaluated in accordance with this Section M by an Evaluation Committee.
The Evaluation Committee shall prepare a written report summarizing its findings and submit the
same to the source selection official. Based on the information submitted by the Offerors in
response to this RFP and the report prepared by the Evaluation Committee, the source selection
official shall select the Offeror(s) whose submissions are determined by the source selection official
to be the most advantageous to DCPL.

M.2.2 Intentionally Left Blank

M.3 Proposal Evaluation

Each proposal will be scored on a scale of 1 to 100 points. In addition, Offerors will be eligible to
receive up to 12 preference points as described in Section M of this RFP for participation by Local,
Small or Disadvantaged Business Enterprises. Thus, the maximum number of points possible is 112.
The contract will be awarded to the Offeror with the highest evaluated score.

M.3.1 Proposal, Experience & References (35 points)

DCPL desires to engage a Contractor with the experience necessary to realize the objectives set forth
in Section C of this RFP. Offerors will be evaluated based on their demonstrated experience in (i)
LEED rated construction projects in an urban setting; (ii) constructing library facilities and other
civic/municipal buildings and knowledge of such facilities in particular work associated with that
described in BP 01 through BP 16; (iii) knowledge of, and access to, the local subcontracting
market; and (iv) knowledge of the local regulatory agencies and Code Officials. If the Offeror is a
team or joint venture of multiple companies, the Evaluation Panel will consider the experience of
each member of the team or joint venture in light of their role in the proposed team or joint venture.
This element of the evaluation will be worth up to thirty-five points (35) points.

M.3.2 Cost (30 points)

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Offerors will be required to submit lump sum bids for the work of the bid package(s). This element
of the evaluation is worth up to thirty (30) points.

The low proposal should be awarded 30 points. Other proposals should be scored based on a
proportionate system where scored as follows:

(Lowest Price Proposal) x weight = Evaluated Price Score


Price 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 Local,
Small and Disadvantaged Business Enterprises as well as employment opportunities for District of
Columbia residents. Offerors will be evaluated in light of their demonstrated experience in meeting
such goals and their proposed SLDBE Utilization Plan. This factor of the evaluation will be worth
up 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 key
individuals assigned to this project will be evaluated as part of this element. This element of the
evaluation 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 Enterprise
Development and Assistance Act of 2005, D.C. Law 16-33 (codified at D.C. Code § 2-
218.01 et seq.), preferences shall be given to Offerors that are certified by the Department of
Small and Local Business Development as being a small business enterprise, having resident
business ownership, having a longtime resident business, being a local business enterprise,
being a disadvantaged business enterprise, or being a local business enterprise with its
principal office located in an enterprise zone. (A copy of the certification acknowledgment
letter must be submitted with the Offeror’s Proposal.) In accordance with these laws, the
following preferences shall be awarded in evaluating an Offeror’s proposal:

Three (3) preference points shall be awarded if the Offeror is certified as having a small
business enterprise.
Three (3) preference points shall be awarded if the Offeror is certified as having a resident
business ownership.
Ten (10) points shall be awarded if the Offeror is certified as having a longtime resident
business.
Two (2) preference points shall be awarded if the Offeror is certified as a local business
enterprise.

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Two (2) preference points shall be awarded if the Offeror is certified as being a local
business enterprise with its principal office located in an enterprise zone.
Two (2) preference points shall be awarded if the Offeror is certified as a disadvantaged
business enterprise.

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

Information: For information regarding the application process, contact the Department of
Small and Local Business Development at the following address or telephone number:

Department of Small and Local Business Development


One Judiciary Square Building
441 4th Street, NW, 9th Floor
Washington, DC 20001
(202) 727-3900 (Telephone Number)
(202) 724-3786 (Facsimile Number)

M.4.2 SLDBE Participation

DCPL requires that significant participation by business enterprises certified by the


Department of Small and Local Business Development as: (i) a local business enterprise; (ii)
a small business enterprise; (iii) a disadvantaged business enterprise; (iv) having a owned
resident business; (v) being a longtime business resident; or (vi) having a local business
enterprise with its principal office located in an enterprise zone. Accordingly, and in addition
to the preference points conferred by Section M, Offerors will be required to submit a Local
Business Enterprise Utilization Plan with their proposals. The Utilization Plan must
demonstrate how this requirement will be met and, to the extent possible at this stage in the
project, should identify the specific firms that will be used and their respective roles. DCPL
encourages Offerors to include meaningful SLDBE participation.

M.5 OPEN MARKET CLAUSES WITH 50% SBE SUBCONTRACTING SET ASIDE
(CONSTRUCTION)

Preferences for Local Businesses, Disadvantaged Businesses, Resident-owned


Businesses, Small Businesses, Longtime Resident Businesses, or Local Businesses with Principal
Offices Located in an Enterprise Zone

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

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M.5.1 General Preferences

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

M.5.1.1 Three percent reduction in the offer price or the addition of three points on a 100-point
scale for a small business enterprise (SBE) certified by the Small and Local Business
Opportunity Commission (SLBOC) or the Department of Small and Local Business
Development (DSLBD), as applicable;

M.5.1.2 Three percent reduction in the offer price or the addition of three points on a 100-point
scale for a resident-owned business enterprise (ROB) certified by the SLBOC or the
DSLBD, as applicable;

M.5.1.3 Ten percent reduction in the offer price or the addition of ten points on a 100-point scale for
a 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 scale
for 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 scale
for a local business enterprise with its principal office located in an enterprise zone (DZE)
and certified by the SLBOC or the DSLBD, as applicable; and

M.5.1.6 Two percent reduction in the offer price or the addition of two points on a 100-point scale
for a disadvantaged business enterprise (DBE) certified by the SLBOC or the DSLBD, as
applicable.

M.5.2 Application of Preferences

The preferences shall be applicable to prime contractors as follows:

M.5.2.1 Any prime contractor that is an SBE certified by the SLBOC or the DSLBD, as applicable,
will receive a three percent (3%) reduction in the offer price for a offer submitted by the
SBE in response to an Invitation for Bids (IFB) or the addition of three points on a 100-
point scale added to the overall score for proposals submitted by the SBE in response to a
Request for Proposals (RFP).

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 three
points on a 100-point scale added to the overall score for proposals submitted by the ROB
in response to an RFP.

M.5.2.3 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 the
overall 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 the
overall 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 the
DZE in response to an IFB or the addition of two points on a 100-point scale added to the
overall score for proposals submitted by the DZE in response to an RFP.

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 the
DBE in response to an IFB or the addition of two points on a 100-point scale added to the
overall score for proposals submitted by the DBE in response to an RFP.

M.5.3 Maximum Preference Awarded

Notwithstanding the availability of the preceding preferences, the maximum total


preference to which a certified business enterprise is entitled under the Act for this
procurement is twelve percent (12%) for bids submitted in response to an IFB or the
equivalent of twelve (12) points on a 100-point scale for proposals submitted in response to
an RFP. There will be no preference awarded for subcontracting by the prime contractor
with certified business enterprises.

M.5.4 Preferences for Certified Joint Ventures

When the SLBOC or the DSLBD, as applicable, certifies a joint venture, the certified joint
venture will receive preferences as a prime contractor for categories in which the joint
venture and the certified joint venture partner are certified, subject to the maximum
preference limitation set forth in the preceding paragraph.

M.5.5 Vendor Submission for Preferences

M.5.5.1 Any vendor seeking to receive preferences on this solicitation must submit at the time of, and
as part of its offeror proposal, the following documentation, as applicable to the preference
being sought:

M.5.5.1.1 Evidence of the vendor’s or joint venture’s certification by the SLBOC as an SBE,
LBE, DBE, DZE, LRB, or RBO, to include a copy of all relevant letters of
certification from the SLBOC; or

M.5.5.1.2 Evidence of the vendor’s or joint ventures provisional certification by the DSLBD as
an SBE, LBE, DBE, DZE, LRB, or RBO, to include a copy of the provisional
certification from the DSLBD.

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M.5.5.2 Any vendor seeking certification or provisional certification in order to receive preferences
under this solicitation should contact the:

Department of Small and Local Business Development


ATTN: LSDBE Certification Program
441 Fourth Street, N.W., Suite 970N
Washington, DC 20001

M.5.5.3 All vendors are encouraged to contact the DSLBD at (202) 727-3900 if additional
information is required on certification procedures and requirements.

M.5.6 Mandatory Subcontracting Requirement

M.5.6.1 At least 35% of the subcontracted dollar value of this construction contract, shall be
subcontracted to SBEs.

M.5.6.2 If there are insufficient qualified SBEs to fulfill the subcontracting requirement of the
preceding paragraph, 35% of the dollar value, excluding the cost of materials, goods, and
supplies, shall be subcontracted to local, small, or disadvantaged business enterprises.

M.5.6.3 For the purposes of paragraph M.5.6.1 purchases from SBEs that provide materials, goods,
and supplies may apply to the 35% requirement.

M.5.6.4 For the purposes of paragraph M.5.6.2, purchases from local, small, or disadvantaged
business enterprises that provide materials, goods, and supplies may apply to the 35%
requirement.

M.5.7 LBE, SBE, or DBE Prime Contractor Performance Requirements

M.5.7.1 If an LBE, SBE, or DBE is selected as a prime contractor and is granted points or price
reduction pursuant to the Act, that LBE, SBE, or DBE prime contractor shall perform at least
35% of the contracting effort, excluding the cost of materials, goods, and supplies, with its
own organization and resources and, if it subcontracts, at least 35% of the subcontracted
effort, excluding the cost of materials, goods, and supplies, shall be with LBEs, SBEs, or
DBEs.

M.5.7.2 If the total of the contracting effort, excluding the cost of materials, goods, and supplies,
proposed to be performed by the LBE, SBE, or DBE is less than the amount required by the
preceding paragraph, then the LBE, SBE, or DBE shall not be eligible to receive preference
points or a price reduction for a period of not less than two years.

M.5.8 Prime Contractor Performance Requirements Applicable to Joint Ventures

M.5.8.1 If a certified joint venture is selected as a prime contractor and is granted points or price
reduction pursuant to the Act, the LBE, SBE, or DBE partner of the joint venture shall
perform at least 50% of the contracting effort, excluding the cost of materials, goods, and
supplies, with its own organization and resources and, if the joint venture subcontracts, at

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least 35% of the subcontracted effort, excluding the cost of materials, goods, and supplies,
shall be with LBEs, SBEs, or DBEs.

M.5.8.2 If the total of the contracting effort, excluding the cost of materials, goods, and supplies,
proposed to be performed by the LBE, SBE, or DBE is less than the amount required by the
preceding paragraph, then the LBE, SBE, or DBE shall not be eligible to receive preference
points or a price reduction for a period of not less than two years.

M.5.9 Performance Requirement for Contracts of $1 Million or Less

If this is a construction contract of $1 million or less for which an LBE, SBE, or DBE is
selected as prime contractor and is granted points or price reduction pursuant to the Act, the
LBE, SBE, or DBE prime contractor shall perform at least 50% of the on-site work with its
own work force.

M.5.10 Subcontracting Plan

Any prime contractor responding to this solicitation shall submit, with the proposal, a
notarized statement detailing its subcontracting plan. Each subcontracting plan shall include
the following:

M.5.10.1 A description of the goods and services to be provided by the SBEs, or if insufficient
qualified SBEs, then by SBEs, LBEs, or DBEs;

M.5.10.2 A statement of the dollar value, by type of business enterprise, of the offeror proposal that
pertains to the subcontracts to be performed by the SBEs, or if insufficient qualified SBEs,
then by the SBEs, LBEs, or DBEs;

M.5.10.3 The names and addresses of all proposed subcontractors who are SBEs, or if insufficient
qualified SBEs, then who are SBEs, LBEs, or DBEs;

M.5.10.4 The name of the individual employed by the prime contractor who will administer the
subcontracting plan, and a description of the duties of the individual;

M.5.10.5 A description of the efforts the prime contractor will make to ensure that SBEs, or if
insufficient SBEs, then SBEs, LBEs, or DBEs, will have an equitable opportunity to compete
for subcontracts;

M.5.10.6 In all subcontracts that offer further subcontracting opportunities, assurances that the prime
contractor will include a statement, approved by the contracting officer, that the
subcontractor will adopt a subcontracting plan similar to the subcontracting plan required by
the contract;

M.5.10.7 Assurances that the prime contractor will cooperate in any studies or surveys that may be
required by the contracting officer, and submit periodic reports, as requested by the
contracting officer, to allow the District to determine the extent of compliance by the prime
contractor with the subcontracting plan;

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M.5.10.8 List the type of records the prime contractor will maintain to demonstrate procedures adopted
to comply with the requirements set forth in the subcontracting plan, and include assurances
that the prime contractor will make such records available for review upon the District’s
request; and

M.5.10.9 A description of the prime contractor’s recent effort to locate SBEs, or if insufficient SBEs,
then SBEs, LBEs, or DBEs and to award subcontracts to them.

M.5.11 Enforcement and Penalties for Willful Breach of Subcontracting Plan

The willful breach by a contractor of a subcontracting plan for utilization of local, small, or
disadvantaged businesses in the performance of a contract, the failure to submit any required
subcontracting plan monitoring or compliance report, or the deliberate submission of falsified
data may be enforced by the DSLBD through the imposition of penalties, including monetary
fines of $15,000 or 5% of the total amount of the work that the contractor was to subcontract
to local, small, or disadvantaged businesses, whichever is greater, for each such breach,
failure, or falsified submission.

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