ContractProv DCPL 2009 R 0020MtPInterimRFP

8/14/2019 ContractProv DCPL 2009 R 0020MtPInterimRFP

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DESIGN / BUILD SERVICES FOR THE MT. PLEASANT INTERIM LIBRARYSOLICITATION NO. DCPL DCPL-2009-R-0020

SECTION B - SUPPLIES OR SERVICE AND PRICE/COST

B.1 This is an open market solicitation with a 50% CBE Set Aside requirement.

B.2 The District of Columbia Public Library Office of Procurement is seeking one contractor,to provide Design / Build Construction Services (DBC) to complete the construction ofan interim Mt. Pleasant library in the District of Columbia, in accordance with the termsand conditions herein.

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

Under the provisions of the Small, Local, and Disadvantaged Business EnterpriseDevelopment and Assistance Act of 2005 (the Act), Title II, Subtitle N, of the Fiscal

Year 2006 Budget Support Act of 2005, D.C. Law 16-33, effective October 20, 2005,the District shall apply preferences in evaluating proposals from businesses that aresmall, local, disadvantaged, resident-owned, longtime resident, or local with a principaloffice located in an enterprise zone of the District of Columbia.

B.4 DCPL contemplates award of a guaranteed maximum price contract. At the end of thePreconstruction Phase, the Design-Builder will be required to develop a GuaranteedMaximum Price (GMP) proposal for submission to DCPL. Assuming this proposal isaccepted, a GMP Amendment will be signed by DCPL and the Design-Builder, and theDesign-Builder will be required to complete the Project on schedule and for an amountthat does not exceed the agreed upon GMP.

B.5 PRICE

The Offeror shall submit its price proposal under a cover letter on its letterhead in theformat illustrated in Attachment J.2.1 Contractors will be evaluated on Phase 1 pricing.

In general the price shall be broken down into two Phases and five segments:

Phase 1 (Pre-Construction)Design Fee $________

Design-Builder Fee (profit and overhead) $________Design-Builder General Conditions $________

Phase 2 (Construction)Construction Cost $________ to $________FF&E and Move-In Cost $________ to $________

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The high end of each Offerors Construction Cost range will become the Offerors TargetGMP. The Target GMP should be presented in the standard 16 division format andshould include sufficient level of detail to understand the assumptions that were includedwithin the Target GMP. DCPL intends to use the Target GMP to manage the Projects

budget, and as such, Offerors should submit a Target GMP that represents their best judgment as to the Projects actual cost. DCPL expects that Offerors will prepare areasonably detailed cost estimate to prepare the Target GMP. In order to ensure that theTarget GMPs represent the Offerors best judgment of the costs, an Offeror will berequired to forfeit 10% of the Design-Build Fee in the event that the final GMP exceedsthe Target GMP. Offerors are further advised that a Target GMP that lacks sufficientdetail or which omits funding for obvious aspects of the necessary work will render theOfferors proposal non-responsive.

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SECTION C: DESCRIPTION/SPECIFICATIONS/WORKSTATEMENT

C.1 BACKGROUND

C.1.1 This solicitation is to engage one Design-Builder to complete the design, faadeimprovements and interior fit-out construction for the Mt. Pleasant InterimLibrary in the District of Columbia (the Project). The Design-Builder will beresponsible for the design, construction and the FF&E of the Interim Library ifawarded this contract. The Interim library is located at 3162/64 Mt. PleasantStreet, NW.

C.1.2 The Interim neighborhood library is intended to maintain and expand the level ofexcellence for District libraries and shall provide library users with easy access todesired material and technology. The Project should be of the highest quality and

functionality. DCPL hopes that this Interim library will symbolically celebrate theimportant values of knowledge, learning, community, diversity, andsustainability. The library will be approximately 3,500 and 4,000 square feet insize. A basis of design that generally describes the Interim library is attached andshould be used by the Design-Builder as the basis for design.

C.1.3 The Interim library location is located at 3162-3164 Mt. Pleasant Street, NWwhich is near the existing Mt. Pleasant Library. The Interim is located within theMount Pleasant Historic District, and the Design Builder shall plan oncoordinating the exterior faade design with Historic Mount Pleasant and DCHistoric Preservation Office.

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

C.2 SCOPE

C.2.1 The Design-Builder shall provide all of the necessary labor, equipment, supplies,and other resources necessary to complete the design and construction of the Mt.Pleasant Library according to the terms and conditions of this solicitation and thesubsequent negotiated contract. The Interim library shall be completed no later

than December 31, 2009. DCPL envisions that construction should be able tobegin in mid October 2009. Early completion is strongly encouraged. The DCPLcontemplates that the after the design and fit-out of the Interim space, the Mt.Pleasant library will have the same functional capabilities as Tenley-FriendshipInterim Library and Georgetown Interim Library and that it will include finishes,furnishings and fixtures appropriate for a first class, state of the art library. TheTenley-Friendship Interim Library opened on December 28, 2007. Basis of

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Design Drawings of the Tenley-Friendship Interim Library are attached asAttachment J.1.4.

C.2.2 The Design-Builder shall be required to relocate, (in direct coordination with

Pepco and the landlord) the existing power supply, panel and disconnect toanother location per all applicable building codes and regulations.

C.2.3 The Library anticipates that the buildings exterior faade will need to berepaired, upgraded or even replaced, the Design-Builder shall meet with DCPL,Historic Mount Pleasant and DC Historic Preservation Office to determine thebest and most cost effective approach in dealing with the building faade. Thefaade requirement shall be determined during the design/pre-construction phase.

C.3 REQUIREMENTS

C.3.1 Design Phase Schematic: The Design-Builder shall cause its architect/engineer(the A/E) to conduct a thorough review of the Basis of Design Drawings of thenew Tenley-Friendship Interim Library (such documents, the Minimum DesignRequirements) which will provide the basis for the design of the Mt. PleasantInterim Library. After this review of these documents is complete, the Design-Builder and its A/E shall meet with the DCPL and its representatives to discussthe essential elements of the design and the best way for moving forward. Basedon the results of the review and the following meeting with DCPL, the Design-Builder shall then cause the A/E to prepare a full set of schematic designdocuments for the new Mt. Pleasant Interim Library that are consistent with theMinimum Design Requirements and consistent with the OCTO general scope of

work, attached as Attachment J.1.8 and that are acceptable to DCPL. Theschematic design documents shall contain at least the level of detail typicallycontemplated in the standard AIA form contract. During the schematic designphase the Design-Builder shall cause its A/E to meet with Historic MountPleasant (HMP) and DC Historic Preservation Office (HPO) to begin discussionon the exterior faade.

C.3.2 Design Development/Construction Documents. Based on the approvedschematic design documents, the Design-Builder shall cause its A/E to prepare aset of Design Development Documents/Construction Documents. The Design-Builder and its A/E shall meet as often as required with DCPL and itsrepresentatives to ensure that the design is evolving in a mutually acceptablemanner. The Design-Builder shall cause its A/E to prepare a 50% progressprinting which shall be distributed to the DCPL and the Builder. This progressprinting shall be reviewed by DCPL and its representatives to determine whetherthe design is evolving in a manner that is consistent with the Minimum DesignRequirements and shall also be reviewed by the Design-Builder in order to assesswhether it is consistent with the Projects budget. The specific services requiredduring this phase are:

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

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

and schedules.c. Early release plans, i.e. Demolition Plans.e. Complete code compliance analysis and drawing.f. Meet with review agencies as required (DCRA, HPO, HMP, DDOT,

DDOE, WASA, PEPCO, etc).

C.3.3 Deliverables. The following deliverables are required during this phase.

a. 50% design development progress printing.b. A reconciliation report that addresses issues raised by DCPL and the

Design-Builder as a result of the 50% progress printing.

c. Updated Project Budget and Schedule.d. A permitable and buildable set of Construction Documents to includeCivil, Architectural, Structural and MEP plans and specifications.

e. Building permit, applicable trade permits, Certificate of Occupancy andany other District required license or permit to complete the scope ofwork.

C.3.4 Phase 2 (Construction Phase) At the end of the Preconstruction Phase, theDesign-Builder will be required to develop a GMP proposal for submission toDCPL. Assuming this proposal is accepted, a GMP Amendment will be signedby DCPL and the Design-Builder, and the Design-Builder will be required to

complete the Project on schedule, in accordance with the plans and specificationsand for an amount that does not exceed the agreed upon GMP. Once a GMPAmendment has been executed, the Construction Phase of the project shallcommence. The work is to be conducted as quickly as possible and must becompleted no later than December 31, 2009. In addition to the above thefollowing shall be provided during this phase.

C.3.4.1 Construction Management. The selected Design-Builder will berequired to construct a first-class Interim library in accordance with theapproved Construction Documents. At a minimum it is envisioned thatthe Design-Builder will be required to undertake the following tasks:

Construction and deliver a turn-key, fully functioning Mt. PleasantLibrary.

Participate and assist in Project/Planning meetings Maintain full-time on-site construction supervision and provide

daily inspections, quality control, monitoring, and coordination ofvarious trades, record drawings, and daily work log.

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Conduct weekly progress meetings following a Design-Buildergenerated agenda with the Program Manager and all trades.

Provide general safety and signage and posting for the project andsee that each subcontractor prepares and submits adequate safety

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

updated schedule analysis, (ii) an updated cost report, and (iii) amonthly review of cash flow.

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

Prepare payment requests, verify accuracy and forward to DCPLfor approval and payment.

Assemble close-out documents required. Provide assistance to DCPL through any applicable warranty

periods.

C.3.4.2 Site Security. The Design-Builder shall be required to provide thenecessary security personnel to protect the space.

C.3.4.3 Project Cleanliness. The Design-Builder shall be required to managethe work in such a manner so as to minimize the pollution and debrisin or around the construction site.

C.3.4.4 Maintenance of Traffic. The Design-Builder shall be responsible forproviding the necessary flagman and traffic control devices as arerequired to maintain traffic. The Design-Builder shall be required to

obtain the necessary lane closure and other permits required for itswork from the Department of Transportation, if needed.

C.3.4.5 Permitting, Third Party Review and Inspections. The Design-Builder shall pay for and engage the services of a third party reviewfirm and a permit expediting firm for the permitting process and a thirdparty inspection firm for inspections during the construction phase.The Design-Builder shall be responsible for obtaining all requiredpermits. The Design-Builder shall be required to cooperate withDCPL and the third party reviewers and inspectors to assist incompletion of the scope of work. The Design-Builder and/or itsconsultants shall be responsible for preparing applications and otherdocuments necessary to obtain building permits and certificates ofoccupancy. DCPL shall execute such instruments as required and theDesign-Builder and/or its consultants shall be responsible for walkingsuch documents through any and all District agencies to gain necessaryapprovals for the duration of the project.

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C.3.4.6 Utility Connections. The Design-Builder shall be responsible fordesign, review, permitting and installation for all electrical power,water and sanitary sewer service for the Interim library. The Design-Builder is responsible for all installation costs for the services listed

above. DCPL will be responsible to pay the respective connection/tapfees only. The Design-Builder shall coordinate with the respectiveagencies for connections, meters, and sizing of service lines.

C.3.4.7 Landlord Approvals. The design builder shall be responsible forcoordinating with the Landlord for all aspect of this project. TheLibrary anticipates that the landlord will seek approval on utilityconnections, tie-ins to existing building services, work hours, parkingrestrictions and other related activities. Landlord contact informationwill be provided upon award.

C.4. FF&E AND MOVE-IN

C.4.1 The Design-Building shall be responsible for the selection, purchase andinstallation of FF&E. This includes but is not limited to: (i) free standing tables,chairs, and desks, (ii) library shelving, and (iii) signage.

C.4.2 The Design-Builder shall be responsible for the transport of DCPL-provided ITequipment, books and other library material from 901 G Street, NW, A-Level tothe new Interim location. Design-Builder is only responsible for transport, loadingand unloading. The shelving of books and IT set up will be handled by DCPLpersonnel.

C.5 KEY PERSONNEL

C.5.1 In its proposal, each Offeror will be required to identify its key personnel. Keypersonnel shall include, at a minimum, the following individuals: (i) the ProjectExecutive; (ii) the Field Superintendent; and (iii) key Project Managers (i.e. theProject Managers responsible for structural, mechanical, electrical and specialsystems). The Contactor will not be permitted to reassign any of the keypersonnel unless DCPL approves the proposed reassignment and the proposedreplacement.

C.6 LICENSING, ACCREDITATION AND REGISTRATION

C.6.1 The Design-Builder and all of its subcontractors and sub consultants (regardlessof tier) shall comply with all applicable District of Columbia, state, and federallicensing, accreditation, and registration requirements and standards necessary forthe performance of the contract.

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C.7 CONFORMANCE WITH LAWS

C.7.1 It shall be the responsibility of the Design-Builder to perform under the contractin conformance with the DCPLs Procurement Regulations and all statutes, laws,

codes, ordinances, regulations, rules, requirements, orders, and policies ofgovernmental bodies.

C.8 DAVIS-BACON ACT

C.8.1 The Davis-Bacon Act is applicable to this Project. As such, the Design-Builderand its trade subcontractors shall comply with the wage and reportingrequirements imposed by that Act.

C.9 APPRENTICESHIP ACT

C.9.1 The Apprenticeship Act shall apply to this contract and the Design-Builder and allof its trade subcontractors shall be required to comply with that act.

C.10 TIME IS OF THE ESSENCE

C.10.1 Time is of the essence with respect to the contract. The Project must besubstantially complete by December 31, 2009. Substantially complete shall meanthe Certificate of Occupancy for the project has been issued. As such, the Design-Builder must dedicate such personnel and other resources as are necessary toensure that the Project is completed on-time and in a diligent, skilled, andprofessional manner.

C.11 DCPL RESPONSIBILITIES

C.11.1 In general, the Design-Builder shall be responsible for all preconstruction andconstruction phase activities. DCPL shall be responsible for the followingactivities.

C.11.1.1 Utility Connections. DCPL shall be responsible for the cost of utilityconnections fees to the project. The Design-Builder shall beresponsible for the scope of work as listed under section 3.4.6.

C.11.1.2 Zoning. DCPL shall be responsible for obtaining the necessaryzoning approvals for the Project. Any easements which are requiredfor the Project shall be the responsibility of DCPL.

C.11.1.3 Materials and IT. DCPL shall be responsible for providing ITequipment and library materials for the Interim location. The Design-Builder shall be responsible for the scope of work as listed undersection C.4.

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SECTION D: PACKAGING AND MARKING

D.1 The packaging and marking requirements for this RFP shall be governed by the

requirements specified in Section L.3.

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SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for the resultant contract shall be governedby the Form of Contract AIA Document A141-2004.

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT TYPE

The District contemplates award of an Agreement between Owner and Design/Builder.

F.1.1 Negotiated Procurement. This procurement is being awarded through acompetitive negotiation type of procurement. The proposed Form of Contract isbeing issued with this RFP. Offerors are required to review and specificallyidentify in the Offer Letter any proposed changes to the Form of Contract.Offerors are advised that their proposed changes will be evaluated as part of theselection criteria. To the extent there are any inconsistencies between this RFPand the Form of Contract, the Form of Contract shall prevail.

F.1.2 Construction Fee. As is more fully described in the Form of Contract, this will

be a guaranteed maximum price contract. Offerors will be required to offer aDesign Fee and a Design-Builder Fee, as well as a General Conditions Budget.Offerors should submit with their proposal an Offer Letter in substantially theform of Attachment J.2.1 on the Offerors letterhead.

F.2 TERM OF CONTRACT

F.2.1 Project Schedule. DCPL requires that the Interim library be completed no laterthan December 31, 2009. DCPL envisions that construction should be able tobegin in October 2009. Early completion is strongly encouraged.

F.2.2 Project Delivery Method. DCPL intends to implement the Project through aDesign / Build method. In general, the Design-Builders scope of work will bedivided into two phases: (i) the Preconstruction Phase; and (ii) the ConstructionPhase. Each of these phases is described in Section C.

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE PAYMENT

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

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

G.2 INVOICE SUBMITTAL

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

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

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

Telephone: 202-727-1198

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

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

G.2.2.2 Contract number, block number two (2) and encumbrance number,block number twenty-one (21) of the Solicitation CoverSheet.Assignment of an invoice number by the Design-Builder is also

recommended, the assigned DCPL Purchase Order Number is required

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

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

G.2.2.5 Name, title, telephone number and complete mailing address of the

responsible official to whom payment is to be sent;

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

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

G.2.2.8 Authorized signature

G.3 METHOD OF PAYMENT

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

G.3.2 The Form of Contract provides that ten percent (10%) of the Design-Build Feewill be withheld as retention. This amount will only be earned by the Design-Builder if the project is delivered before the December 31, 2009 deadline and onthe agreed upon budget.

G.4 ASSIGNMENTS

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

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

G.4.3 Notwithstanding an assignment of money claims pursuant to authority containedin the contract, the Design-Builder, not the assignee, is required to prepareinvoices. Where such an assignment has been made, the original copy of theinvoice must refer to the assignment and must show that payment of the invoice isto be made directly to the assignee as follows:

Pursuant to the instrument of assignment dated ___________,make payment of this invoice to _______________________(name and address of assignee).

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G.5 CONTRACTING OFFICER (CO)

G.5.1 Contracts may be entered into and signed on behalf of the District Governmentonly by contracting officers. The address and telephone number of theContracting Officer is:

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

G.6 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

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

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

G.6.3 In the event the Design-Builder effects any change at the instruction or request of

any person other than the Contracting Officer, the change will be considered tohave been made without authority and no adjustment will be made in the contractprice to cover any cost increase incurred as a result thereof.

G.7 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR)

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

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

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

G.8 UNAUTHORIZED CHANGES

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

G.9 LIMITATION OF AUTHORITY

G.9.1 Only a person with prior written authority from the CCO shall have the express,

implied, or apparent authority to alter, amend, modify, or waive any clauses orconditions of the contract. Furthermore, any alteration, amendment, modification,or waiver of any clause or condition of this RFP is not effective or binding unlessmade in writing and signed by the CCO or its authorized representative.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 DEPARTMENT OF LABOR WAGE DETERMINATIONS

H.1.1 The Design-Builder shall be bound by General Decision Number DC20080004dated 07/31/2009, issued by the U.S. Department of Labor for BuildingConstruction Contracts and incorporated herein as Attachment J.1.3 of thissolicitation. The Design-Builder shall be bound by the wage rates for the term ofthe Contract. If an option is exercised, the Design-Builder shall be bound by theapplicable wage rate at the time of the option. If the option is exercised and theContracting Officer for the option obtains a revised wage determination, thatdetermination is applicable for the option periods; the Design-Builder may beentitled to an equitable adjustment.

H.2 AUDITS, RECORDS, AND RECORD RETENTION

H.2.1 At any time or times before final payment and three (3) years thereafter, theContracting Officer may have the Design-Builders invoices or vouchers andstatements of cost audited. For cost reimbursement contracts, any payment maybe reduced by amounts found by the Contracting Officer not to constituteallowable costs as adjusted for prior overpayment or underpayment. In the eventthat all payments have been made to the Design-Builder by the DistrictGovernment and an overpayment is found, the Design-Builder shall reimburse theDistrict for said overpayment within thirty (30) days after written notification.

H.2.2 The Design-Builder shall establish and maintain books, records, and documents(including electronic storage media) in accordance with generally acceptedaccounting principles and practices which sufficiently and properly reflect allrevenues and expenditures of funds provided by the District under the contractthat results from this solicitation.

H.2.3 The Design-Builder shall retain all records, financial records, supportingdocuments, statistical records, and any other documents (including electronicstorage media) pertinent to the contract for a period of five (5) years aftertermination of the contract, or if an audit has been initiated and audit findingshave 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 theterms of the contract.

H.2.4 The Design-Builder shall assure that these records shall be subject at allreasonable times to inspection, review, or audit by Federal, District, or otherpersonnel duly authorized by the Contracting Officer.

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shall have the right to duplicate, use, or disclose the data to the extentconsistent with the Districts needs in the procurement process. Thisrestriction does not limit the Districts rights to use, without restriction,information contained in this data if it is obtained from another source.

The data subject to this restriction are contained in sheets (insertnumbers or other identification of sheets).

I.5.1.3 Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the

restriction on the title page of this proposal."

I.6 RIGHTS IN DATA

I.6.1 Data, as used herein, means recorded information, regardless of form or the

media on which it may be recorded. The term includes technical data andcomputer software. The term does not include information incidental to contractadministration, such as financial, administrative, cost or pricing, or managementinformation.

I.6.2 The term Technical Data, as used herein, means recorded information,regardless of form or characteristic, of a scientific or technical nature. It may, forexample, document research, experimental, developmental or engineering work,orbe usable or used todefine a design or process or to procure, produce, support,maintain, or operate material. The data may be graphic or pictorial delineations inmedia such as drawings or photographs, text in specifications or relatedperformance or design type documents or computer printouts. Examples of

technical data include research and engineering data, engineering drawings andassociated lists, specifications, standards, process sheets, manuals, technicalreports, catalog item identifications, and related information, and computersoftware documentation. Technical data does not include computer software orfinancial, administrative, cost and pricing, and management data or otherinformation incidental to contract administration.

I.6.3 The term Computer Software, as used herein means computer programs andcomputer databases. Computer Programs, as used herein means a series ofinstructions or statements in a form acceptable to a computer, designed to cause the computer to execute an operation or operations. "Computer Programs"

include operating systems, assemblers, compilers, interpreters, data managementsystems, utility programs, sort merge programs, and automated data processingequipment maintenance diagnostic programs, as well as applications programssuch as payroll, inventory control and engineering analysis programs. Computerprograms may be either machine-dependent or machine-independent, and may begeneral purpose in nature or designed to satisfy the requirements of a particularuser.

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I.6.4 The term "computer databases", as used herein, means a collection of data in aform capable of being processed and operated on by a computer.

I.6.5 All data first produced in the performance of this Contract shall be the sole

property of the District. The Design-Builder hereby acknowledges that all data,including, without limitation, computer program codes, produced by Design-Builder for the District under this Contract, are works made for hire and are thesole property of the District; but, to the extent any such data may not, byoperation of law, be works made for hire, Design-Builder hereby transfers andassigns to the District the ownership of copyright in such works, whetherpublished or unpublished. The Design-Builder agrees to give the District allassistance reasonably necessary to perfect such rights including, but not limitedto, the works and supporting documentation and the execution of any instrumentrequired to register copyrights. The Design-Builder agrees not to assert any rightsin common law or in equity in such data. The Design-Builder shall not publish or

reproduce such data in whole or in part or in any manneror form, or authorizeothers to do so, without written consent of the District until such time as theDistrict may have released such data to the public.

I.6.6 The District shall have restricted rights in data, including computer software andall accompanying documentation, manuals and instructional materials, listed ordescribed in a license or agreement made a part of this contract, which the partieshave agreed will be furnished with restricted rights, provided however, notwithstanding any contrary provision in any such license or agreement, suchrestricted rights shall include, as a minimum the right to:

I.6.6.1 Use the computer software and all accompanying documentationand manuals or instructional materials with the computer for whichor with which it was acquired, including use at any Districtinstallation to which the computer may be transferred by theDistrict;

I.6.6.2 Use the computer software and all accompanying documentationand manuals or instructional materials with a backup computer ifthe computer for which or with which it was acquired is inopera-tive;

I.6.6.3 Copy computer programs for safekeeping (archives) or backuppurposes; and

I.6.6.4 Modify the computer software and all accompanyingdocumentation and manuals or instructional materials, or combineit with other software, subject to the provision that the modifiedportions shall remain subject to these restrictions.

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I.6.7 The restricted rights set forth in section I.6.6 are of no effect unless

(i) the data is marked by the Design-Builder with the following legend:

RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure is subject to restrictions stated in ContractNo.______________________________________________With _____________________________________(Design-Builders Name)and

(ii) If the data is computer software, the related computer softwaredocumentation includes a prominent statement of the restrictions

applicable to the computer software. The Design-Builder may not placeany legend on the computer software indicating restrictions on theDistricts rights in such software unless the restrictions are set forth in alicense or agreement made a part of the contract prior to the delivery dateof the software. Failure of the Design-Builder to apply a restricted rightslegend to such computer software shall relieve the District of liability withrespect to such unmarked software.

I.6.8 In addition to the rights granted in Section I.6.9 below, the Design-Builder herebygrants to the District a nonexclusive, paid-up license throughout the world, of thesame scope as restricted rights set forth in Section I.6.9 below, under any

copyright owned by the Design-Builder, in any work of authorship prepared for oracquired by the District under this contract. Unless written approval of thecontracting Officer is obtained, the Design-Builder shall not include in technicaldata or computer software prepared for or acquired by the District under thiscontract any works of authorship in which copyright is not owned by the Design-Builder without acquiring for the District any rights necessary to perfect acopyright license of the scope specified in the first sentence of this paragraph.

I.6.9 Whenever any data, including computer software, are to be obtained from asubcontractor under this contract, the Design-Builder shall use Section I.6 in thesubcontract, without alteration, and no other clause shall be used to enlarge ordiminish the Districts or the Design-Builders rights in that subcontractor data orcomputer software which is required for the District.

I.6.10 For all computer software furnished to the District with the rights specified inSection I.6.5, the Design-Builder shall furnish to the District, a copy of the sourcecode with such rights of the scope specified in Section I.6.5. For all computersoftware furnished to the District with the restricted rights specified in SectionI.6.6, the District, if the Design-Builder, either directly or through a successor or

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affiliate shall cease to provide the maintenance or warranty services provided theDistrict under this contract or any paid-up maintenance agreement, or if Design-Builder should be declared bankrupt or insolvent by the court if competentjurisdiction, shall have the right to obtain, for its own and sole use only, a single

copy of the then current version of the source code supplied under this contract,and a single copy of the documentation associated therewith, upon payment to theperson in control of the source code the reasonable cost of making each copy.

I.6.11 The Design-Builder shall indemnify and save and hold harmless the District, itsofficers, agents and employees acting within the scope of their official dutiesagainst any liability, including costs and expenses, (i) for violation of proprietaryrights, copyrights, or rights of privacy, arising out of the publication, translation,reproduction, delivery, performance, use or disposition of any data furnishedunder this contract, or (ii) based upon any data furnished under this contract, orbased upon libelous or other unlawful matter contained in such data.

I.6.12 Nothing contained in this clause shall imply a license to the District under anypatent, or be construed as affecting the scope of any license or other rightotherwise granted to the District under any patent.

I.6.13 Paragraphs I.6.6, I.6.7, I.6.8, I.6.11 and I.6.13above are not applicable to materialfurnished to the Design-Builder by the District and incorporated in the workfurnished under contract, provided that such incorporated material is identified bythe Design-Builder at the time of delivery of such work

I.7 OTHER CONTRACTORS

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

I.8 FIRST SOURCE EMPLOYMENT AGREEMENT

I.8.1 The Design-Builder shall maintain compliance with the terms and conditions ofthe First Source Employment Agreement J.4 executed between the District ofColumbia and the Design-Builder throughout the entire duration of the contract,including option periods if any.

I.8.1.1 Residency Hiring Requirements for Contractors and Subcontractors

At least fifty-one percent (51%) of the Offerors Team and everysubconsultants employees hired after the Offeror enters into a contractwith DCPL, or after such subconsultant enters into a contract with theOfferor, to work on this project, shall be residents of the District ofColumbia.

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Upon execution of the contract, the Offeror and all of its member firms, ifany, and each of its subcontractors and sub consultants shall submit toDCPL a list of current employees that will be assigned to the project, thedate that they were hired and whether or not they live in the District of

Columbia.

The Offeror shall comply with subchapter III of Chapter II of Title 1, andsubchapter II of Chapter II of Title 1 of the D.C. Code, and all successoracts thereto and the rules and regulations promulgated thereunder. TheOfferor and all member firms, subcontractors, tier subcontractors, subconsultants, and suppliers with contracts in the amount of $100,000 ormore shall be required to comply with the following: (i) enter into a FirstSource Employment Agreement with the D.C. Department ofEmployment Services (DOES) upon execution of the contract; (ii)submit an executed First Source Agreement to DOES prior to beginning

work on the project; (iii) make best efforts to hire at least 51% Districtresidents for all new jobs created by the project; (iv) list all employmentvacancies with DOES; (v) submit monthly compliance reports to DOESby the 10th of each month; (vi) at least 51% apprentices and traineesemployed must be residents of the District registered in programapproved by the D.C. Apprenticeship Council; and (vii) trade contractorsand subcontractors with contracts in the amount of $500,000 or moremust register an apprenticeship program with the D.C. ApprenticeshipCouncil.

I.8.1.2 Apprenticeship Act

The D.C. Apprenticeship Act of D.C. Law 2-156, (Act) as amendedshall apply to this project. All subcontractors selected to perform work onthe project on a craft-by-craft basis shall be required to comply with thisAct. All terms and conditions of the D.C. Apprenticeship Council Rulesand Regulations shall be implemented. The Design-Builder shall be liablefor any subcontractor non-compliance.

I.9 CONTINUITY OF SERVICES

I.9.1 The Design-Builder recognizes that the services provided under this contract arevital to the District of Columbia and must be continued without interruption and

that, upon contract expiration or termination, a successor, either the DistrictGovernment or another contractor, at the Districts option, may continue toprovide these services. To that end, the Design-Builder agrees to:

I.9.1.1 Furnish phase-out, phase-in (transition) training; and

I.9.1.2 Exercise its best efforts and cooperation to effect an orderly andefficient transition to a successor.

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I.10 INSURANCE

I.10.1 The Design-Builder will be required to maintain the following types of insurance

throughout the life of the contract.

I.10.1.1 Commercial general public liability insurance (Liability Insurance)against liability for bodily injury and death and property damage, suchLiability Insurance to be in an amount not less than Five MillionDollars ($5,000,000) for liability for bodily injury, death and propertydamage arising from any one occurrence and Five Million Dollars($5,000,000) from the aggregate of all occurrences within each policyyear. The policy should include completed operations coverage.

I.10.1.2 Workers compensation and Employers Liability coverage providing

statutory benefits for all persons employed by the Design-Builder, orits contractors and subcontractors at or in connection with the Work.

I.10.1.3 Automobile Liability, including Hired and Non-Owned Auto Liabilityin the amount of at least One Million Dollars ($1,000,000) for eachoccurrence for bodily injury and property damage.

I.10.1.4 Excess umbrella liability coverage (on at least a follow form basis)which when combined with the general liability policy shall have anaggregate limit of at least Fifteen million dollars ($15,000,000.00).

I.10.1.5 Builders risk insurance written on an all risk basis and covering thevalue of the improvements being constructed. This coverage does notneed to be maintained until such time as construction operations begin.

I.10.1.6 Additional Insured

Each insurance policy shall be issued in the name of the Design-Builder and shall name as additional insured parties DCPL and theDistrict of Columbia, and shall not be cancelable or reduced withoutthirty (30) days prior written notice to DCPL.

I.10.1.7 Waiver of Subrogation

All such insurance shall contain a waiver of subrogation against DCPLand the District of Columbia, and their respective agents.

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I.10.1.8 Strength of Insurer

All insurance shall be placed with insurers that are reasonablyacceptable to DCPL and with an A.M. Bests rating of not less than A-

(Excellent) and a surplus size of not less than XV. All such insurersshall be licensed/approved to do business in the District of Columbia.

I.11 EQUAL EMPLOYMENT OPPORTUNITY

I.11.1 In accordance with the District of Columbia Administrative Issuance System,Mayors Order 85-85 dated June 10, 1985, the forms for completion of the EqualEmployment Opportunity Information Report are incorporated herein asAttachment J.2.3. An award cannot be made to any Offeror who has not satisfiedthe equal employment requirements as set forth by the Department of HumanRights and Local Business Development.

I.12 BONDS

I.12.1 Offerors shall submit bid, payment and performance bonds in accordance with theForm of Contract.

I.12.2 Trade Subcontractor Bonds

The Form of Contract will require that all trade subcontractors provide a paymentand performance bond having a penal value equal to 100% of the cost of the tradesubcontract. All such bonds shall be written on a dual-obligee basis.

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SECTION J: LIST OF ATTACHMENTS

J.1 The following list of attachments shall accompany this Design / Build solicitation:

J.1.1 AIA Document A141 2004 Standard Form of Agreement between Owner andDesign / Builder (Form of Contract)

J.1.2 AIA Document A141 2004 Standard Form of Agreement between Owner andDesign / Builder Exhibits A to C (Form of Contract)

J.1.3 General Decision Number DC20080004 dated 07/31/2009

J.1.4 Tenley-Friendship Interim Plans - Minimum Design Requirements

J.1.5 Standard Shelving Specifications

J.1.6 Standard Interim Library FF&E Specifications

J.1.7 Not Included

J.1.8 DC Office of the Chief Technology Officer (OCTO) Statement of Work

J.2 The following forms must be completed by the Offeror and submitted with itsproposal:

J.2.1 Offer Letter

J.2.2 First Source Employment Agreement

J.2.3 Equal Employment Opportunity

J.2.4 Tax Affidavit

J.2.5 Disclosure Statement

J.2.6 Summary Evaluation of Design-Builder/Provider Past Performance (OCP form4001) Completed by at least two references

J.2.7 Subcontracting Plan

J.3 ORDER OF PRECEDENCE

Any inconsistency in this solicitation or contract shall be resolved by giving precedence

in the following order:

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(a) The Specifications in Section C of the solicitation;

(b) The District of Columbia Public Library Design-Builder Services Special

Provisions;

(c) AIA Document A141-2004 Standard Form of Agreement between Owner and

Design-Builder; and

(d) Other documents, exhibits, and attachments.

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SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTSOF OFFERORS

K.1 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JULY 1990):

K.1.1 Definitions. As used in this provision:

K.1.1.1 Controlled substance: means a controlled substance in schedules Ithrough V of Section 202 of the Controlled Substances Act (21 U.S.C.812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

K.1.1.2 Conviction: means a finding of guilt (including a plea of nolocontendere) or imposition of sentence, or both, by any judicial bodycharged with the responsibility to determine violations of the Federalor State criminal drug statutes.

K.1.1.3 Criminal drug statute: means a Federal or non-Federal criminalstatute involving the manufacture, distribution, dispensing, possessionor use of any controlled substance.

K.1.1.4 Drug-free workplace: means the site(s) for the performance of workdone by the Design-Builder in connection with a specific contract atwhich employees of the Design-Builder are prohibited from engagingin the unlawful manufacture, distribution, dispensing, possession, oruse of a controlled substance.

K.1.1.5 Employee: means an employee of a Design-Builder directly engagedin the performance of work under a Government contract. Directlyengaged is defined to include all direct cost employees and any otherDesign-Builder employee who has other than a minimal impact orinvolvement in contract performance.

K.1.1.6 Individual: means an Offeror/Contractor that has no more than oneemployee including the Offeror/Design-Builder.

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

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K.1.2.1 Publish a statement notifying such employees that the unlawfulmanufacture, distribution, dispensing, possession, or use of acontrolled substance is prohibited in the Design-Builder's workplaceand specifying the actions that will be taken against employees for

violations of such prohibition;

K.1.2.2 Establish an ongoing drug-free awareness program to inform suchemployees about the following:

(i) The dangers of drug abuse in the workplace;(ii) The Design-Builders policy of maintaining a drug-free

workplace;

(iii) Any available drug counseling, rehabilitation, and

employee assistance programs; and

(iv) The penalties that may be imposed upon employees fordrug abuse violations occurring in the workplace.

K.1.2.3 Provide all employees engaged in performance of the contract with acopy of the statement required by subparagraph K.1.2.1 of thisprovision;

K.1.2.4 Notify such employees in writing in the statement required bysubparagraph K.1.2.1 of this provision that, as a condition of continued

employment on the contract resulting from this solicitation, theemployee will:

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employeesconviction under a criminal drug statute for a violationoccurring in the workplace no later than 5 calendar daysafter such conviction;

K.1.2.5 Notify the Contracting Officer in writing within 10 calendar days afterreceiving notice under subdivision K.1.2.4 (ii) of this provision, froman employee or otherwise receiving actual notice of such conviction.The notice shall include the position title of the employee; and

K.1.2.6 Within 30 calendar days after receiving notice under subdivisionK.1.2.4 (ii) of this provision of a conviction, takes one of the followingactions with respect to any employee who is convicted of a drug abuseviolation occurring in the workplace:

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Offeror_______________________________Date_______________

Name_______________________________ Title_________________

Signature____________________________________________

K.5.2 Offeror ____has ____has not participated in a previous contract or subcontractsubject to the Mayors Order 85-85. Offeror____has ____has not filed allrequired compliance reports, and representations indicating submission ofrequired reports signed by proposed subofferors. (The above representations neednot be submitted in connection with contracts or subcontracts, which are exemptfrom the Mayors Order.)

K.6 WALSH-HEALY ACT

K.6.1 If this contract is for the manufacture or furnishing of materials, supplies, articlesor equipment in an amount that exceeds or may exceed $10,000, and is subject tothe Walsh-Healey Public Contracts Act, as amended (41 U.S.C. 35-45), thefollowing terms and conditions apply:

(a) All representations and stipulations required by the Act and regulationsissued by the Secretary of Labor (41 CFR Chapter 50) are incorporated byreference. These representations and stipulations are subject to allapplicable rulings and interpretations of the Secretary of Labor that arenow, or may hereafter, be in effect.

(b) All employees whose work relates to this contract shall be paid not lessthan the minimum wage prescribed by regulations issued by the Secretaryof Labor (41 CFR 50-202.2). Learners, student learners, apprentices, andhandicapped workers may be employed at less than the prescribedminimum wage (see 41 CFR 50-202.3) to the same extent that suchemployment is permitted under Section 14 of the Fair Labor Standards Act(41 U.S.C. 40).

K.6.2 If your offer is $10,000, or more, the following information MUST be furnished:

(c) Regular Dealer

_________ The Offeror is a Regular Dealer.

_________ The Offeror is not a Regular Dealer.

(d) Manufacturer

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_________ The Offeror is a Manufacturer.

_________ The Offeror is not a Manufacturer.

K.7 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

K.7.1 Each signature of the Offeror is considered to be a certification by the signatory inaccordance with D.C. Code 1183.16that:

1) The prices in this Contract have been arrived at independently, without,for the purpose of restricting competition, any consultation,communication, or agreement with any Offeror or competitor relating to:

(i) those prices

(ii) the intention to submit a Contract, or(iii) the methods or factors used to calculate the prices in the Contract;

2) The prices in this Contract have not been and will not be knowinglydisclosed by the Offeror, directly or indirectly, to any other Offeror orcompetitor before Contract opening unless otherwise required by law; and

3) No attempt has been made or will be made by the Offeror to induce anyother concern to submit or not to submit a Contract for the purpose ofrestricting competition.

K.7.2 Each signature on the offer is considered to be a certification by the signatory thatthe signatory;

1) Is the person in the Offerors organization responsible for determining theprices being offered in this Contract, and that the signatory has notparticipated and will not participate in any action contrary tosubparagraphs (a)(1) through (a)(3) above; or

2) (i) Has been authorized, in writing, to act as agent for the followingprincipals in certifying that those principals have not participated, and willnot participate in any action contrary to subparagraphs (a)(1) through(a)(3) above:

______________________________________________________(insert full name of person(s) in the organization responsible fordetermining the prices offered in this Contract and the title of his or herposition in the Offerors organization);

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(ii) As an authorized agent, does certify that the principals named insubdivision (b)(2)(I) above have not participated, and will notparticipate, in any action contrary to subparagraphs (a)(1) through(a)(3) above; and

(iii) As an agent, has not participated, and will not participate, in anyaction contrary to subparagraphs (a) (1) through (a) (3) above.

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

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SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 PRE-PROPOSAL CONFERENCE

L.1.1 A Pre-Proposal Conference will be held on August 25, 2009 beginning at 11:00a.m. at the D.C. Public Library Martin Luther King Jr., Office of Procurement,901 G Street, Northwest, Suite 400, Washington, DC 20001. The purpose of theconference is to provide a structured and formal opportunity for the District toaccept questions from offerors on the SOLICITATION document as well as toclarify the contents of the SOLICITATION. This conference will be held directlyafter the site walk through listed below.

A site walk through will be held on August 25, 2009 beginning at 9:00 am at theinterim site. The address is 3162-3164 Mt. Pleasant Street, NW

L.1.2 Impromptu questions will be permitted and spontaneous answers will be providedat the District's discretion. Verbal answers given at the pre-proposal conferenceare only intended for general discussion and do not represent the DC PublicLibrarys final position. The prospective Offeror shall submit questions no laterthan September 2, 2009 in order to generate an answer. Official answers will beprovided in writing to all prospective bidders who are listed on the Pre-ProposalConference Attendance Roster as having attended the conference.

L.2 CONTRACT AWARD

L.2.1 Most Advantageous to the District

The District may award a single or multiple contract(s) resulting from thissolicitation to the responsible Offeror(s) whose offer(s) conforming to thesolicitation will be most advantageous to the District, cost or price, technical andother factors, specified elsewhere in this solicitation considered.

L.2.2 Initial Offers

The District may award contracts on the basis of initial offers received, withoutdiscussion. Therefore, each initial offer should contain the Offerors best termsfrom a standpoint of cost or price, technical and other factors.

L.3 PROPOSAL FORM, ORGANIZATION AND CONTENT

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L.3.1 This section outlines specific information necessary for the proper organizationand manner in which Offerors Proposals should be proffered. References aremade to other sections in this RFP for further explanation.

L.3.1.1 Submission Identification

Submissions shall be proffered in an original and five (5) copies. TheOfferors submission shall be placed in a sealed envelopeconspicuously marked: Proposal for Design / Build Services for theMt. Pleasant Interim Library.

L.3.1.2 Delivery or Mailing of Submissions

Submissions should be delivered or mailed to:

Wayne R. Minor, Chief Procurement OfficerDistrict of Columbia Public Library901 G Street, NWWashington, DC 20001Phone: (202) 727-4800

L.3.1.3 Date and Time for Receiving Submissions

Submissions shall be received no later than 2:00 pm E.D.T., onSeptember 10, 2009. The Offeror assumes the sole responsibility fortimely delivery of its Submission, regardless of the method of delivery.

L.3.1.4 Submission Size, Organization and Offeror Qualifications

All submissions shall be submitted on 8-1/2 x 11 bond paper andtypewritten. Telephonic, telegraphic, and facsimile submissions shallnot be accepted. DCPL is interested in a qualitative approach topresentation material. Brief, clear and concise material is moredesirable than quantity. The submission shall not exceed 30 surfaces(either 30 single sided pages or 15 double sided pages). Thesubmission shall be organized as follows:

L.3.1.5 Offer Letter

Each Offeror shall submit an offer letter substantially in the form ofAttachment J.2.1. Material deviations, in the opinion of DCPL, fromthe offer form shall be sufficient to render the proposal non-responsive.

L.3.1.6 Disclosure Form

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Each Offeror shall submit a Disclosure Statement substantially in theform of Attachment J.2.5.

L.3.1.7 Executive Summary

Each Offer should provide a summary of no more than three pages ofthe information contained in the following sections.

L.3.1.8 General Team Information and Firm(s) Data

Each Offeror should provide the following information for theprincipal design build firm and each of its subconsultants.

A. Name(s), address(es), and role(s) of each firm (including all sub-consultants and subcontractors)

B. Firm profile(s), including:i. Ageii. Firm history(ies)iii. Firm size(s)iv. Areas of specialty/concentrationv. Current firm workload(s) projected over the next two years

C. Description of the team organization and personal qualifications ofkey staff, including:

i. Identification of the single point of contact for the Design-Builder.

ii. Organizational chart illustrating reporting lines and namesand titles for key participants proposed by the team.

iii. Resumes for each key participant on the team, includingdefinition of that persons role, relevant project experience,and current workload over the next two years.

L.3.1.9 Relevant Experience and Capabilities

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A. List all projects that the team members have worked on inthe last 5 years that are similar to this project. For purposes of thisparagraph, similar shall mean library or civic association/municipalbuilding construction projects where the contract value is up to $1

million dollars. For purposes of this requirement, constructionservices means a project where the Offeror or a team memberserved as a construction manager, general contractor orconstruction manager at-risk or design-builder where the Offeroror team member held the trade subcontracts. For purposes of thisrequirement, construction services does not include projectswhere the Offeror or team member acted as owners representative,program manager or construction advisor. This information maybe provided in an overview matrix format or brief list; however, itshould include the name and location of the facility, the name ofthe owner, the time frame of the project, the original budget for the

project, and whether the project was delivered on-time and on-budget. If a project was not delivered on-time or on budget, a briefdescription of the reasons should be provided.

B. Detailed descriptions of no more than eight (8) projects thatbest illustrate the teams experience and capabilities relevant tothis project. On each project description, please provide all of thefollowing information in consistent order:

i. Project name and locationii.

Name, address, contact person and telephone number forowner reference

iii. Brief project description including project cost, squarefootage, firms scope of work, and key firm strengthsexhibited

iv. Identification of personnel involved in the selected projectwho are proposed to work on this project

vi. Project process and schedule data including constructiondelivery method, and construction completion date (anyunusual events or occurrences that affected the scheduleshould be explained)

vii. Construction cost data including pre-construction budget,and actual construction cost (if actual construction costexceeds original, please explain why).

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viii. Offeror should submit Contractor Past PerformanceEvaluation form (Attachment J.2.6) from three references.

L.3.1.10 Construction Management Plan

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

L.3.1.11 Preliminary Construction Schedule

Each Offeror should prepare a preliminary construction schedule thatshows how the Offeror intends to complete the project in a timelymanner. The schedule should be prepared using a critical path methodand should show key logic ties and activity durations. The scheduleshould demonstrate that the Offeror understands the project and has a

workable method to deliver the project in a timely manner.

L.3.1.12 Cost Information

The Offeror should submit the Offer Letter in substantially the form ofAttachment J.2.1.

L.3.1.13 Local Business Utilization Plan

Each Offeror must submit a proposed Local Business Utilization Planthat identifies the specific certified business enterprises that will

participate in the contract and their anticipated roles. In addition, eachOfferor should provide: (i) a narrative description of similar projectsand the Offerors success in meeting such goals; and (ii) a chart, insummary form, that identifies the Offerors major public projects overthe last five years and its success in achieving such goals (creativityshould be displayed regarding joint-venture and subcontractoragreements). Offeror should complete and submit Sub ContractingPlan - Attachment J.2.7.

L.3.1.14 Tax Affidavit

Each Offeror must submit a tax affidavit substantially in the form ofAttachment J.2.4. In order to be eligible for this procurement,Offerors must be in full compliance with their tax obligations to theDistrict of Columbia government.

L.4 PROPOSAL SUBMISSION DATE AND TIME, AND LATE SUBMISSIONS, LATEMODIFICATIONS, AND LATE WITHDRAWALS

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L.4.1 Proposal Submission

Proposals must be submitted no later than 2:00 p.m. local time on September 10,2009. 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 madeand one (1) or more of the following circumstances apply:

a.The proposal or modification was sent by registered or certified mail notlater than the fifth (5th) calendar day before the date specified for receipt ofoffers;

b.The proposal or modification was sent by mail and it is determined by theContracting Officer that the late receipt at the location specified in thesolicitation was caused solely by mishandling by the District.

c.The offer is the only offer received.L.4.2 Postmarks

The only acceptable evidence to establish the date of a late proposal, latemodification or late withdrawal sent either by registered or certified mail shall bea U.S. or Canadian Postal Service postmark on the wrapper or on the originalreceipt from the U.S. or Canadian Postal Service. If neither postmark shows alegible date, the proposal, modification or request for withdrawal shall be deemedto 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 onthe postmark, the proposal shall be considered late unless the Offeror can furnishevidence from the postal authorities of timely mailing.

L.4.3 Late Modifications

A late modification of a successful proposal, which makes its terms morefavorable to the District, shall be considered at any time it is received and may beaccepted.

L.4.4 Late Proposals

A late proposal, late modification or late request for withdrawal of an offer that isnot considered shall be held unopened, unless opened for identification, until afteraward and then retained with unsuccessful offers resulting from this solicitation.

L.5 EXPLANATION TO PROSPECTIVE OFFERORS

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L.5.1 If a prospective Offeror has any questions relative to this solicitation, theprospective offeror shall submit the question in writing to the Contact Person,identified on page one, in writing. The prospective Offeror shall submit questionsno later than September 2, 2009. The District will not consider any questions

received less than ten

calendar days before the date set for submission ofproposal. The District will furnish responses promptly to all other prospectiveOfferors. An amendment to the solicitation will be issued if that information isnecessary in submitting offers, or if the lack of it would be prejudicial to any otherprospective Offerors. Oral explanations or instructions given before the award ofthe contract will not be binding.

L.6 FAILURE TO SUBMIT OFFERS

L.6.1 Recipients of this solicitation not responding with an offer should not return thissolicitation. Instead, they should advise the DCPL Office of Procurement, Chief

Procurement Officer, by letter or postcard whether they want to receive futuresolicitations for similar requirements. It is also requested that such recipientsadvise the DCPL Chief Procurement Officer, of the reason for not submitting aproposal in response to this SOLICITATION. If a recipient does not submit anoffer and does not notify the DCPL Chief Procurement Officer, that futuresolicitations are desired, the recipient's name may be removed from the applicablemailing list.

L.7 PROPOSAL PROTESTS

L.7.1 Any actual or prospective bidder, Offeror, or contractor who is aggrieved in

connection with the solicitation or award of a contract, must file with the D.C.Contract Appeals Board (Board) a protest no later than 10 business days after thebasis of protest is known or should have been known, whichever is earlier. Aprotest based on alleged improprieties in a solicitation which are apparent prior tothe time set for receipt of initial proposals shall be filed with the Board prior tooffer opening or the time set for receipt of initial proposals. In procurements inwhich proposals are requested, alleged improprieties which do not exist in theinitial solicitation, but which are subsequently incorporated into this solicitation,must be protested no later than the next closing time for receipt of proposalsfollowing the incorporation. The protest shall be filed in writing, with theContract Appeals Board, 717 14th Street, NW, Suite 430, Washington, D.C.20004. The aggrieved person shall also mail a copy of the protest to theContracting officer for the solicitation.

L.8 UNNECESSARILY ELABORATE PROPOSALS

L.8.1 Unnecessarily elaborate brochures or other presentations beyond those sufficientto present a complete and effective response to this solicitation are not desiredand may be construed as an indication of the Offeror's lack of cost consciousness.

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Elaborate artwork, expensive paper and bindings, and expensive visual and otherpresentation aids are neither necessary nor desired

L.9 RETENTION OF PROPOSALS

L.9.1 All submissions shall be retained by DCPL and therefore shall not be returned tothe Offerors. With the exception of proprietary financial information, thesubmissions shall become the property of DCPL and DCPL shall the right todistribute or use such information as it determines.

L.10 PROPOSAL COSTS

L.10.1 The District is not liable for any costs incurred by the Offerors' in submittingproposals in response to this solicitation.

L.11 ACKNOWLEDGMENT OF AMENDMENTS

L.11.1 The offeror shall acknowledge receipt of any amendment to this solicitation by (a)signing and returning the amendment; (b) by identifying the amendment numberand 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 theacknowledgment by the date and time specified for receipt of offers. Offerors'failure to acknowledge an amendment may result in rejection of the offer.

L.11.1.1 Examination of Submissions

Offerors are expected to examine the requirements of all instructions(including all amendments, addenda, attachments and exhibits) in thisRFP. Failure to do so shall be at the sole risk of the Offeror and mayresult in disqualification.

L.12 ACCEPTANCE PERIOD

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

L.13 BEST AND FINAL OFFERS

L.13.1 If, subsequent to receiving original proposals, negotiations are conducted, allOfferors within the competitive range will be so notified and will be provided anopportunity 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 andLate Withdrawals of Proposals provision of the solicitation. After receipt of bestand final offers, no discussions will be reopened unless the Contracting Officerdetermines that it is clearly in the Governments best interest to do so, e.g., it is

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clear that information available at that time is inadequate to reasonably justifyDesign-Builder selection and award based on the best and final offers received. Ifdiscussions are reopened, the Contracting Officer shall issue an additional requestfor best and final offers to all Offerors still within the competitive range.

L.14 LEGAL STATUS OF OFFEROR

Each proposal must provide the following information:

L.14.1 Name, Address, Telephone Number, Federal tax identification number and DUNSNumber of Offeror;

L.14.2 District of Columbia, if required by law to obtain such license, registration orcertification. If the Offeror is a corporation or partnership and does not provide acopy 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 suchrequirements; and

L.14.3 If the Offeror is a partnership or joint venture, names of general partners or jointventures, and copies of any joint venture or teaming agreements.

L.14.4The District reserves the right to request additional information regarding theOfferor's organizational status.

L.15 STANDARDS OF RESPONSIBILITY

L.15.1 The prospective Design-Builder must demonstrate to the satisfaction of theDistrict the capability in all respects to perform fully the contract requirements,therefore, the prospective Design-Builder must submit the documentation listedbelow, within five (5) days of the request by the District.

L.15.1.1 Furnish evidence of adequate financial resources, credit or the abilityto obtain such resources as required during the performance of thecontract.

L.15.2 Furnish evidence of the ability to comply with the required orproposed delivery or performance schedule, taking into considerationall existing commercial and governmental business commitments.

L.15.3 Furnish evidence of the necessary organization, experience,accounting and operational control, technical skills or the ability toobtain them.

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L.15.4 Furnish evidence of compliance with the applicable District licensing,tax laws and regulations.

L.15.5 Furnish evidence of a satisfactory performance record, record of

integrity and business ethics.

L.15.6 Furnish evidence of the necessary production, construction andtechnical equipment and facilities or the ability to obtain them.

L.15.7 If the prospective Design-Builder fails to supply the informationrequested, the Contracting Officer shall make the determination ofresponsibility or non-responsibility based upon available information.If the available information is insufficient to make a determination ofresponsibility, the Contracting Officer shall determine the prospectiveDesign-Builder to be non-responsible.

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SECTION M - EVALUATION FACTORS

M.1 EVALUATION FOR AWARD

M.1.1 The contract will be awarded to the responsible offeror whose offer is mostadvantageous 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, thetotal scores will guide the District in making an intelligent award decision basedupon the evaluation criteria.

M. 2 EVALUATION CRITERIA

M.2.1 DCPL shall evaluate the initial submissions and any subsequent best and final

offers in accordance with the provisions of this Section M and DCPLsProcurement Regulations.

M.2.1.1 Evaluation Committee

Each submission shall be evaluated in accordance with this Section Mby an Evaluation Committee. The Evaluation Committee shall preparea written report summarizing its findings and submit the same to thesource selection official. Based on the information submitted by theOfferors in response to this RFP and the report prepared by theEvaluation Committee, the source selection official shall select the

Offeror whose submissions are determined by the source selectionofficial to be the most advantageous to DCPL.

M.3 Proposal Evaluation

M.3.1 Each proposal will be scored on a scale of 1 to 100 points based upon the criterialisted in the following parts of section M.3. In addition, Offerors will be eligibleto receive up to 12 preference points as described in Section M.4 of this RFP forparticipation by Local, Small or Disadvantaged Business Enterprises. Thus, themaximum number of points possible is 112. The contract will be awarded to theOfferor with the highest evaluated score.

M.3.1.1 Proposal, Experience & References (30 points)

DCPL desires to engage a Design-Builder with the experiencenecessary to realize the objectives set forth in Section C of this RFP.Offerors will be evaluated based on their demonstrated experience (asrequired in section L.3.1.9) in (i) general construction projects in anurban setting; (ii) constructing library facilities and other retail Interim

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tenant improvements and knowledge of such facilities; (iii) knowledgeof, and access to, the local subcontracting market; and (iv) knowledgeof the local regulatory agencies and Code Officials. If the Offeror is ateam or joint venture of multiple companies, the Evaluation Panel will

consider the experience of each member of the team or joint venture inlight of their role in the proposed team or joint venture. This elementof the evaluation will be worth up to thirty (30) points.

M.3.1.2 Cost (25 points)

Offerors will be required to offer a Phase 1 Design Fee, a Phase 2Design-Build Fee, and a Phase 1 Cost of General Conditions. Inaddition, Offerors will be required to offer a Phase 2 Cost ofConstruction and a Phase 2 FF&E and Move-In Cost. This element ofthe evaluation is worth up to twenty-five (25) points.

M.3.1.3 Construction Management Plan (20 Points)

Offerors are required to submit a Construction Management Plan. TheConstruction Management Plan should clearly explain how theDesign-Builder intends to manage and implement the Project. Itshould demonstrate a knowledge of the process and impediments thatmust be overcome and ensure that sufficient staffing will be provided.At a minimum, the plan should: (i) identify the key personnel and theirspecific roles in managing the Project; (ii) identify the key milestonedates and provide a description of how these dates will be achieved;

(iii) provide a skeletal schedule of the work and the phasing ofconstruction; (iv) describe the cost control management structures thatwill be used to ensure the Project is delivered on-budget; and (v)describe the key challenges inherent in this Project and explain howthey will be overcome or mitigated. DCPL will also consider theexperience that the Design-Builder and its team members haveworking together on similar projects. This element of the evaluation isworth up to twenty (20) points.

M.3.1.4 Key Personnel (15 points)

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

M.3.1.5 Preliminary Construction Schedule (10 points)

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Offerors should submit with their Construction Management Plan aschedule that shows the anticipated manner in which the Project willbe constructed. The schedule should show sufficient level of detail soas to demonstrate the Offeror understands of the Project and the key

issues related to the Project. This element of the evaluation is worthup to ten (10) points.

M.4 PREFERENCE

M.4.1 Preference for Small, Local, and Disadvantaged Business Enterprises

M.4.1.1 General: Under the provisions of the Small, Local, andDisadvantaged Business Enterprise Development and Assistance Actof 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 asmall business enterprise, having resident business ownership, havinga longtime resident business, being a local business enterprise, being adisadvantaged business enterprise, or being a local business enterprisewith its principal office located in an enterprise zone. (A copy of thecertification acknowledgment letter must be submitted with theOfferors Proposal.) In accordance with these laws, the followingpreferences shall be awarded in evaluating an Offerors proposal:

Three (3) preference points shall be awarded if the Offeror iscertified as having a small business enterprise.

Three (3) preference points shall be awarded if the Offeror iscertified as having a resident business ownership.

Ten (10) points shall be awarded if the Offeror is certified ashaving a longtime resident business.

Two (2) preference points shall be awarded if the Offeror iscertified as a local business enterprise.

Two (2) preference points shall be awarded if the Offeror iscertified as being a local business enterprise with its principaloffice located in an enterprise zone.

Two (2) preference points shall be awarded if the Offeror iscertified as a disadvantaged business enterprise.

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

M.4.1.2 Information: For information regarding the applica