DCPL 2010 R 0007 George Town BP 19_provisions

8/9/2019 DCPL 2010 R 0007 George Town BP 19_provisions

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Solicitation No. No. DCPL-2010-R-0007

Georgetown Neighborhood Library: BP 19 (Equipment, Fixtures and Furniture)

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PART I

The renovations of the Georgetown Neighborhood Library are being managed and controlled bythe Georgetown Renovation Team (GRT). The GRT is made up of the Construction Manager

(Smoot Construction), the Architect/Engineer (Martinez and Johnson) and the Owner (DCPublic Library and the Contracting Officers Technical Representative). The actual physicalrenovation, restoration, preservation and new construction of the library will be executedthrough multiple proposal packages. Roles and Responsibilities of the GRT are defined herein.

Twenty one. (21) Bid Packages (BP) have already been awarded for all scopes and trades withthe exception of this solicitation package for the remaining furniture, fixtures and equipmentdescribed herein as Bid Package 19 (BP19).

SECTION B: SCHEDULE FOR CONSTRUCTION, ALTERATIONS, REPAIRS PRICE

Request for Proposals Packages will be posted on the DCPL website www.dclibrary.org underthe Business Opportunities link. Any other necessary bid packages/proposal packages for this

project, if any, will be procured under a separate solicitation at a later date.

B.1 The District of Columbia Public Library is asking contractors to respond to this Requestfor Proposals (RFP) to furnish all parts, labor, material and equipment necessary tocomplete the Work of the following named Bid Package (BP) tasks associated with thecomplete renovation and addition at the Georgetown Neighborhood Library, inaccordance with the Scope, Specifications and Drawings:

BP 19: FURNITURE, FIXTURES AND EQUIPMENT

(35% CBE Subcontracting set-aside requirement)

B.2 Designation of Solicitation for the Set-Aside Market with CBE Subcontracting

The Georgetown Library Projectis designated for the Set-Aside Market with 35% CBEsubcontracting set-aside requirement. Under the provisions of the Small, Local, andDisadvantaged Business Enterprise Development and Assistance Act of 2005 (theAct), Title II, Subtitle N, of the Fiscal Year 2006 Budget Support Act of 2005, D,C,Law 16-33, effective October 20, 2005, the District shall apply preferences inevaluating bids or proposals from businesses that are small, local, disadvantaged,

resident-owned, longtime resident, or local with a principal office located in anenterprise zone of the District of Columbia. Any prime contractor responding to thissolicitation shall submit with their proposal, a notarized statement detailing itssubcontracting plan.Once the plan is approved by the contracting officer, changes will only occur with theprior written approval of the contracting officer.

Section M. The estimated price range for the proposal package requirements is asfollows:

Requirement


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BP 19 between $ 550,000 and $ 650,000

B.3 The Contractor shall offer a lump sum firm fixed prices for the following Bid

Package (BP19) as described below and complete the price breakdown in section

B.5:

BID PACKAGE (BP) DESCRIPTION LUMP SUM PRICE

BP 19 FURNITURE, FIXTURES AND EQUIPMENT $_______________

ADDITIVE ALTERNATES DESCRIPTION

B.4

LUMP SUM PRICE

Offerors price proposal to add replicated millwork furniture of the following types per scheduleson A-5.52 of Bid Documents attached to this Solicitation as Section J.1 is required with yourproposal submission.

Type f Reading Tables of various sizes per A-5.7423 each total $_______________ Type g Computer Tables per A-5.75 8 each total $_______________ Type h Benches per A-5.74 - 2 each total $_______________ Type j Display table per A-5.74 3 each total $_______________

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

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

Bidders shall submit their Price Break Down Form for each task listed and described belowreferencing allowances for items that fixed prices cannot be determined at bid time due toincomplete design detail.

PRICE BREAK DOWN FORM

B.5 Breakdown into break out items 01 through 16 of lump sum price bid under trade packageBP 19 being bid as follows:


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BREAKOUT ITEM

NO.

DESCRIPTION TOTALPRICE

BREAKDOWN

01 General Requirements

.02 F&I Metal Cantilever Shelving Types A through J

03 F&I 4-Post Metal Shelving Type K Rooms 300, 305

04 F&I Metal File and Storage Cabinet Types, L, M, N, O

05 F&I Furniture Chair Types a, b, c, n, r, s 302 total

06 F&I Furniture Table Types k, m, p, t 33 total

07 F&I Equipment File Cabinets Type EQ-5 14 total

08 F&I Equipment Book Truck and Cart Types EQ-6,EQ-7

09 F&I Equipment Computer Stands/Station Types EQ-8,EQ-9

10 F&I Equipment Peabody Room File and StorageCabinets EQ-10, EQ-11, EQ-12, EQ-13

11 F&I Equipment Step Ladder and Stool Types EQ-14,EQ-17

12 Furnish Equipment Cable Basket Type EQ-15

13 F&I Equipment Clocks Type EQ-16

14 F&I Equipment Waste and Recycling Types EQ-18,EQ-19

15 F&I Equipment Peabody Film Scanner Type EQ-20

16 F&I Residential Appliances per Spec Section 11451

Lump Sum

Bid Price

Lump Sum Bid Price (copy from BP19, 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 upMonday through Friday between the hours of 9:00 a.m. and 5:00 p.m., free of charge to the

bidders, at the Bid Issuance Office located at:

MLK LibraryOffice of Procurement901 G Street, NW Suite 434Washington, DC 20001(202-727-1206)


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An electronic copy of the solicitation only is available at www.DCLibrary.Org underBusiness Opportunities Solicitation No. DCPL-2010-R-0007.

PART I

C.1

SECTION C SCOPE/SPECIFICATIONS/DRAWINGS

SCOPE

The contractor shall furnish all parts, labor, material and equipment necessary tocomplete the concrete structural systems and selective demolition tasks associated withthe complete renovation and addition at the Georgetown Neighborhood Library inaccordance with the Specifications and Drawings provided herewith, and the Governmentof the District of Columbia Standard Contract Provisions for Use With Specifications forDistrict 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 Officelisted in Page 1 of the solicitation. The Georgetown Neighborhood Library is located at

3260 R Street, NW, Washington, D.C at the intersection of Wisconsin Avenue. One (1)bid package is offered as part of this solicitation.

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 DESCRIPTION FOR BID PACKAGES BP 19 Offerors shallbe responsible for providing all labor, material and equipment to fully execute the

requirements of all new and modified construction as specifically described inAttachment J.2 Scope of Work and as indicated in bid documents, Attachment J.1, 100%Construction Drawings and Specifications dated July 09, 2009 Available on CD.Offerors must be qualified for the performance of this scope and should assume that asingle award for the complete scope will be made.

Note: For further scope definition, Contractors may reference Salvage, Protect andPreserve drawings and specifications, dated August 13, 2008, and Hazmat Survey andPhase I ESA ( both Available on CD). These drawings are for information, showing workto be removed, protected and/or disposed of by others so that the Work of this contractcan be further determined.

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C.2

BREAK OUT ITEM means a discrete component of the work for which a separate priceis requested. The Total Price Breakdown is the sum total of all components, and mustequal the Lump Sum Bid Price. This breakdown shall be required for responses to bid package BP 19. Break out item A subset of the total lump sum price consisting ofitemized data or essentials that comprise the parts or elements included in the lump sumprice.

DEFINITIONS:


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C.3 DRAWINGS AND SPECIFICATIONS:

A. Drawings and Specifications are included as identified in Attachment J.1.

B. The intent of the Drawings and Specifications is to include all items necessary for the

proper execution and completion of the Work by the Contractor. The Drawings andSpecifications are complementary, and what is required by one shall be as binding as ifrequired by all. The Contractor shall be held to provide all labor and materials necessaryfor the entire completion of the Work described in the Drawings and Specifications andreasonably implied there from to produce the intended results.

C. The Standard Conditions may not be superseded or amended by drawings andspecifications unless so provided in Special Conditions prepared by the Architect andapproved 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 amongSubcontractors or in establishing the extent of Work to be performed by any trade.

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

F. Unless otherwise specified in the Drawings and Specifications, words which have well-known technical or construction industry meanings are used in accordance with suchrecognized meanings.

G. Interpretation

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

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

the Drawings and Specifications.

3. Any interpretation or clarification of the Drawings and Specifications made byany person other than the Architect, or in any manner other than writing, shall notbe binding and the Contractor shall not rely upon any such interpretation orclarification.

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


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H. The contractor shall be responsible for all applicable trade permits associated withthis work. The contractor shall be responsible for obtaining, at no expense to DCPL, aPublic Space Permit. The site located adjacent to M Street has little to no off streetaccess. It is anticipated that all deliveries will be handled through the main entranceon M Street. DCPL has submitted permit plans to the DC Department of Consumer

and Regulatory Affairs (DCRA); the general building permit will be provided to theselected contractor.

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

J. DRAWINGS AND SPECIFICATIONS

1. As-Built Drawings

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

made to the Drawings to show actual installation where installation variesfrom Work as originally shown, including the exact location and depth ofunderground utility lines.

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

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

C.4

Aside from the pre-bidders conference and after award the contractor shall conduct apre-installation conference at the project site with Owner and the Architect and a

representative from the Construction Manager to discuss schedule, access to space andconstruction phasing, and review the Contractors work plan once submitted prior toapproval.

Contractor shall name Owner and Construction Manager as Additional Insured on itsLiability Insurance Policies and will provide adequate levels of liability insurance asrequired by the Contract.

Existing Conditions


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C.5 NOT USED

C.6

The Contractor shall perform the work in accordance with the Drawings listed below and

included herein as Attachment J.1.

DRAWINGS:

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

Georgetown Neighborhood Library 100% Construction Drawings and Specifications

July 09, 2009

INDEX OF DRAWINGS

(14)

SHT. # SHEET NAME:

COVER SHEET

A-0.01 DRAWING LIST

ARCHITECTURAL DRAWINGS (12)

A-5.30 LOWER FLOOR CASEWORK PLAN

A-5.31 FIRST FLOOR CASEWORK PLAN

A-5.32 SECOND FLOOR CASEWORK PLAN

A-5.33 THIRD FLOOR CASEWORK PLAN

A-5.45 CASEWORK AND SHELVING SCHEDULE

A-5.46 METAL SHELVING ELEVATIONS

A-5.47 METAL SHELVING ELEVATIONS

A-5.52 FURNITURE AND EQUIPMENT SCHEDULES

A-5.70 LOWER LEVEL FURNITURE PLAN

A-5.71 FIRST LEVEL FURNITURE PLAN

A-5.72 SECOND LEVEL FURNITURE PLAN

A-5.73 THIRD LEVEL FURNITURE PLAN

DOCUMENT 00010 SPECIFICATIONS TABLE OF CONTENTSINTRODUCTORY INFORMATION

01 00001 Project Title Page02 00010 Table of Contents03 00015 List of Drawings

BIDDING AND CONTRACTING INFORMATIONSolicitationStandard Contract Provisions Jan 2007


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DIVISION 1 - GENERAL REQUIREMENTS

01100 Summary

01125 Summary of Multiple Contracts01210 Allowances01250 Contract Modification Procedures

01270 Unit Prices01290 Payment Procedures01310 Project Management and Coordination01320 Construction Progress Documentation01322 Photographic Documentation01330 Submittal Procedures01350 Qualifications of Restoration Artisans and Craftsmen Subcontractors01352 LEED Requirements01400 Quality Requirements01420 References01500 Temporary Facilities and Controls

01524 Construction Waste Management01600 Product Requirements01635 Substitution Procedures01700 Execution Requirements01770 Closeout Procedures01781 Project Record Documents01782 Operation and Maintenance Data01820 Demonstration and Training

DIVISION 5 - METALS

05500 Metal Fabrications

DIVISION 6 - WOOD AND PLASTICS

06105 Miscellaneous Carpentry

DIVISION 11 - EQUIPMENT

11054 Library Stack Systems11451 Residential Appliances11510 Library Equipment (Book Trucks & Book Return Carts)11511 Library Book and Media Depository

DIVISION 12 - FURNISHINGS

12560 Library Furniture and Equipment


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PART I

SECTION D: PACKAGING AND MARKING

D.1 MATERIAL DELIVERY, HANDLING AND STORAGE

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

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

1. Minimum exposure to weather during delivery.

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

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

C. The Contractors material and equipment shall not cause damage to the Project oradjacent property and shall not endanger any person at, or in the vicinity of, theProject. Any injury to person or damage to property resulting from theContractors 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 theDistricts Inspector (see Paragraph H.23).

:

2. The Contractor shall not occupy more space at the site than is absolutelynecessary for proper execution of the work. Only the materials andequipment which are to be used directly in the Work shall be brought to orstored at the Project by the Contractor and the Contractors Subcontractorsand Material Suppliers. After the material or equipment is no longerrequired for the Work, the Contractor shall remove such material and

equipment from the Project.


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PART I

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTIONS AND TESTS:

A. INSPECTIONS

The inspection and acceptance requirements for the resultant contract will begoverned by Article 11 of the Standard Contract Provisions For Use WithSpecifications for District of Columbia Government Construction Projects, datedJanuary 2007, as amended and incorporated herein by reference. A copy of thisbooklet is available free of charge to the bidders at the Bid Issuance Office located at901 G Street, N.W. Washington, DC 20001.

In addition, the acceptance criteria for different parts of the work, described in other

sections of the RFP and Specifications (Section C.3) shall apply.

B. TESTS

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

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

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

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

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

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


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7. Neither the observations of the Architect or the Construction Manager in theadministration of the contract, nor inspections, tests or approvals by persons otherthan the Contractor shall relieve the Contractor from the Contractor's obligation toperform the Work in conformity with the Plans and Specifications.

E.2 PARTIAL ACCEPTANCE:

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

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

E.3 FINAL INSPECTION

The Contractor shall give the COTR written notice at least fourteen (14) days in advanceof date on which project will be 100% complete and ready for final inspection. Prior tofinal inspection date, the Contractor shall verify in writing that in the Contractors bestjudgment no deficiencies exist.

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PART I

SECTION F - DELIVERIES OR PERFORMANCE

F.1 TIME OF COMPLETIONThe Contractor shall complete all the work in strict accordance with the following keymilestones:

:

BP 19 FURNITURE, FIXTURES AND EQUIPMENTPre-Construction Submittals 10 Calendar Days after Notice to ProceedMobilization 130 Calendar Days after Notice to ProceedWork Completion 200 Calendar Days after Notice to ProceedComplete Demobilization 210 Calendar Days after Notice to Proceed

F.2

The Contractor shall submit to the District, as a deliverable, the report described insection H.38.3 of this contract that is required by the 51% District Residents New HiresRequirement and First Source Employment Agreement. If the Contractor does not submitthe 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 MSProject format showing completion of the project 25-days from NTP.

DELIVERABLES:


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PART I

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE PAYMENT

G.2

:

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

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

INVOICE SUBMITTAL

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

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

1. Contractors 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, sectiontwenty-four (24) of the Solicitation Cover sheet. Assignment of an invoicenumber by the Contractor is also recommended;

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

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

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


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

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

8. Authorized signature.

G.3

G.4

FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT:

G.3.1 For contracts subject to the 51% District Residents New Hires Requirement andFirst Source Employment Agreement, final request for payment must beaccompanied 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 hasreceived the Contracting Officers final determination or approval of waiver of

the Contractors compliance with 51% District Residents New Hires Requirementand First Source Employment Agreement.

METHOD OF PAYMENT

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

:

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

2. The work on the specific contract activity as identified in the approvedCPM Schedule, for which the progress payment is requested, is 100 %complete;

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

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.


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

1. Original and a copy of completed Summary of Progress PaymentBreakdown Form within fourteen (14) days after issuance of writtenNotice to Proceed and prior to submission of first progress payment

request. This detailed estimate of costs shall include a breakdown of costsfor all items of work that will be performed under the contract with totalamount equal to the lump sum bid price under Section B.4.

2. Original and a copy of the signed (by the authorized representative of theContractor) Progress Payment Request Form on or before the twenty-fifth(25th) day of each month during progress of the work. The COTR willdirect the Progress payment to be made based on the actual workperformed based on the COTRs approval of the Schedule of Values. Thisapproval will include only those fractions of work which have beencompleted and duly accepted by COTR. COTRs 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 associatedcomponents delivered to the jobsite or stored on the site, until they aresatisfactorily incorporated into the completed work, at 100% of theirinvoiced value from the manufacturer or supplier as approved by theCOTR. The Contractor shall properly store and protect all the materials

and equipment and ensure that all materials and equipment are incompliance with the submittals approved by the COTR.

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

a. A certified statement giving the exact location of the materials orequipment, that such material or equipment is properly stored and

protected meeting the approval of COTR and is consigned to theDistrict of Columbia Government; that the materials andequipment will not be diverted for use or installation at a differentproject, and that they are subject to inventory and inspection by theCOTR.

b. A valid invoice or bill of sale indicating the unit quantity,description of the material or equipment and its costs as defined inSection G.4.D.1 and.2.


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

E. Before approval of the CPM schedule, the District may make two (2) initialmonthly payments under this contract for the work performed during the firstsixty (60) days following the Notice To Proceed, following the COTRs partial

acceptance of the work in writing in accordance with section E.2. In the eventthat the District elects to proceed in this manner, the following shall apply:

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

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

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

to be made.

G.5 ASSIGNMENTS

A. In accordance with Article 9, Transfer of Assignment, in the Government of theDistrict of Columbia Standard Contract Provisions, for use with Specifications forDistrict of Columbia Construction Projects January 2007, the Contractor mayassign funds due or to become due as a result of the performance of this contractto a bank, trust company, or other financing institution.

B. Any assignment shall cover all unpaid amounts payable under this contract, and

shall not be made to more than one party.

:

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

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

G.6 CONTRACTING OFFICER (CO)

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

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

G.7 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER:

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

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

G.8 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR):

A. The COTR is responsible for the technical administration of the contract andadvising the Contracting Officer as to the Contractors 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 to therequirements of this contract and such other responsibilities and authorities asspecified in writing by the Contracting Officer. The COTR for this contract is:

Chris Wright

Project Manager, 21st

Century Capital ProjectsDCPL Office of Facilities Management901 G Street, N.W.Washington, D.C. 20001TelephoneNumber: (202) 727-4913

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

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

G.9 APPLICATION AND GOVERNING LAW


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

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

approved in writing by DCPL.

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

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

E. DCPL may maintain an action in the name of the District for violations of any law

relating to the Project or for any injury to persons or property pertaining to theWork, or for any other cause which is necessary in the performance of DCPLsduties.

F. Any requirement which obligates the Contractor shall be required for eachSubcontractor and Material Supplier of the Contractor.

G.10 THE ARCHITECT (MARTINEZ AND JOHNSON)

A. PROJECT OVERSIGHT

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

2. The Architect shall designate an authorized representative, who shall be approvedby DCPL, to attend the Project, as required by Agreement, to observe and checkthe progress and quality of the Work and to take such action as is necessary orappropriate to achieve conformity with the Plans and Specifications.

3. It shall be the duty of the Architect to have any consultant attend the Project atsuch intervals required by Agreement or as may be deemed necessary by DCPL to

review the Work in order to achieve the results intended by the Plans andSpecifications.

4. The Architect shall have the authority to disapprove or reject any item of Workwhich is defective, or that the Architect believes will not produce a Project thatconforms to the Plans and Specifications, or that will prejudice the integrity of thedesign concept of the Project as a functioning whole as indicated by the Plans andSpecifications. The Architect shall immediately notify DCPL at any time thatWork has been disapproved or rejected.


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

B. CONTRACT ADMINISTRATION

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

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

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

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

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

6. The Architect will be the initial interpreter of all requirements of the Plans andSpecifications, pursuant to paragraph GC 1.5.2. All decisions of the Architect

shall be subject to final determination by DCPL.

7. The Architect shall be authorized to require special inspection, testing or approvalof the Work, as provided in paragraph GC 2.9, whenever in the Architect'sreasonable opinion such action is necessary or advisable to insure the properconformance to the Plans and Specifications.

8. Based upon the Construction Managers on-site observation and evaluation of theContractor's Application for Payment, the Construction Manager shall review andcertify the amounts due the Contractor. The Construction Manager may

recommend to DCPL that payments be withheld from, or Liquidated Damages beassessed against, a Contractor's applications for payment, stating the reasons forsuch recommendation. The Construction Managers certification for paymentshall constitute a representation that the Work has progressed to the pointindicated and that, to the best of the Construction Managers knowledge,information and belief, the Work is in conformity with the Plans andSpecifications and the Contractor is entitled to payment in the amount certified.


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

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 conductinspections to determine the date of Contract Completion and shall receive,review and forward to the appropriate entity all Project record submittals requiredby the Plans and Specifications.

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

G.11 CONSTRUCTION PHASE COORDINATION

A. RESPONSIBILITY OF CONTRACTORS

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

2. The Contractor shall perform the Work so as not to interfere, disturb, hinderor delay the Work of other Contractors. The sole remedy which may beprovided by DCPL for any injury, damage or expense resulting frominterference, hindrance, disruption or delay caused by or between Contractorsor their agents and employees shall be an extension of time in which tocomplete the Work.

3. Should the Contractor, or the Contractor's Subcontractors or MaterialSuppliers, cause damage or injury to the property or Work of any otherContractor, or by failure to perform the Work with due diligence, delay,

interfere, hinder or disrupt any Contractor who suffers additional expense ordamage thereby, the responsible Contractor shall be responsible for suchdamage, injury or expense.

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


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

6. If any part of the Contractor's Work is preceded by the Work of anotherContractor, the Contractor shall Inspect such other Contractor's Work before

commencing any Work, and report in writing to the Architect, through theConstruction Manager, any defects which render the other Contractor'spreceding Work unsuitable as related to the Contractor's Work.

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

8. The Contractor shall supervise the Work in conformity with the coordinationof the Construction Manager and shall take orders and directions from the

Construction Manager and the Architect, to the extent appropriate.

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

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

condition of the Bidder, the facilities of the Bidder, the management skills ofthe Bidder and the ability of the Bidder to execute the contract properly.

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

B. RESPONSIBILITY AND AUTHORITY OF THE CONSTRUCTION

MANAGER (SMOOT CONSTRUCTION)

1. The Construction Manager shall consult with the Owner's representative toobtain full knowledge of all rules, regulations or requirements affecting theProject. 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 Workof all Contractors with each other and with the activities and responsibilities


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of the Owner, the Architect and DCPL to complete the Project in accordancewith the Plans and Specifications.

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

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

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

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

7. The Construction Schedule shall not exceed the time limit specified in theNotice to Proceed, shall provide for reasonable, efficient and economicalexecution of the Work and shall be related to the entire Project to the extentrequired by the Plans and Specifications.

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

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

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

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

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


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

14. In the event of default by any Contractor, the Construction Manager shallcooperate with the Architect, DCPL and the defaulting Contractor's Surety toContract Completion.

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

16. The Construction Manager shall render written decisions, within the timespecified, on all claims, disputes or other matters in question between the

Contractor and the District and shall provide information or services to DCPLuntil final disposition of all claims.

17. The Construction Manager shall not be responsible for construction means,methods, techniques, sequences, procedures, safety precautions and programsin connection with the Work. The services provided by the ConstructionManager, the existence of schedules or services prepared or performed by theConstruction Manager shall in no way relieve the Contractor of responsibilityfor 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 constructionmeans, methods, techniques, sequences and procedures for all portions of theContractor's Work and shall be responsible for any injury or damage which mayresult from improper construction, installation, maintenance or operation to thefullest extent permitted by law.

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

C. The Contractor shall be responsible for all cutting, fitting or patching required forthe 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 requiredby the identified scope.

D. The Contractor requiring sleeves shall furnish and coordinate the Contractor'sinstallation of the sleeves. The Contractor shall be responsible for the exactlocation and size of all holes and openings required to be formed or built for the


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Work, and to permit coordination with any Work performed by others on theProject.

E. The Construction Manager shall allow sufficient time for installation of any Workby others before covering or closing the applicable portion of the Project.

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

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

H. Unless otherwise specified in the Drawings and Specifications, the Contractor,prior to starting excavation or trenching, shall notify any public authority havingjurisdiction over the Project and secure any required approval.

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

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

G.13 CONSTRUCTION SUPERVISION

A. The Contractor shall provide continuous supervision at the Project by a competent

superintendent when any Work is being performed, unless waived by DCPL.

B. The Contractor's superintendent shall have responsibility and authority to act onbehalf of the Contractor. All communications to the Contractor's superintendentshall be as binding as if given directly to the Contractor.

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

D. DCPL reserves the right to reject the Contractor's proposed superintendent.

Failure of the Construction Manager to notify the Contractor of such rejectionwithin 30 days of receipt of the required information shall constitute notice thatDCPL has no objection.

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

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


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G. If the Contractor proposes to change the Contractor's superintendent, theContractor shall submit to DCPL, through the Construction Manager, a writtenjustification for the change, along with the name and qualifications of theindividual whom the Contractor proposes to be the new superintendent.

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

Contractor's proposed new superintendent.

G.14 PROGRESS MEETINGS

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

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

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

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

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

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

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

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

of the previous progress meeting and any response.

G.15 COORDINATION MEETINGS

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

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


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

C. Unless otherwise specified in the Drawings and Specifications, the ConstructionManager shall prepare a written report of each coordination meeting anddistribute the report to the Architect and the Contractors. The Construction

Manager shall not delegate the duty to prepare a written report of eachcoordination meeting.

D. Unless otherwise specified in the Drawings and Specifications, the HVACContractor shall prepare one-fourth inch equals one foot scale drawings of allsheet metal work with drawings and elevation dimensions to specifically locate allduct work, equipment and HVAC pipe work, either on the same or separatedrawings.

E. The HVAC Contractor will provide the drawings to the other Contractors for usein preparing drawings of the Contractor's Work, to specifically locate equipment,

piping, conduit and other Work.

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

G. The Contractor shall be represented at every coordination meeting by a personauthorized with signature authority to make decisions regarding possiblemodification of the Drawings and Specifications. The Contractor shall have anyof the Contractor's Subcontractors and Material Suppliers attend the coordinationmeeting as deemed advisable by the Contractor or as requested by the

Construction Manager.


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PART I

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LIQUIDATED DAMAGES:

A. Not Applicable.

H.2 DISTRICT AND DCPL RIGHTS AND RESPONSIBILITIES:

A. DISTRICT OF COLUMBIA PUBLIC LIBRARY (DCPL)

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

2. Construction Manager shall act on behalf of DCPL and shall competitively bid,

execute and administer construction contracts for the District, in compliance withapplicable federal and local statutes, ordinances, codes and regulations.

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

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

5. DCPL shall provide to the Contractor all necessary passes for Contractors

employees required to enter into the facility.

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

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

8. The foregoing are in addition to other rights and responsibilities of DCPLenumerated herein and especially those in respect to DCPLs right to prosecutethe Work, approve payments and accept the Project.

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

B. DCPLs RIGHT TO PROSECUTE WORK AND BACKCHARGE CONTRACTOR


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

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

3. In such case, a Change Order shall be issued deducting from payments then orthereafter 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 theinsufficiency to DCPL.

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

C. DCPLS RIGHT TO PARTIAL OCCUPANCY

1. If the Owner finds it necessary to occupy or use a portion of the Project prior toContract Completion, such occupancy or use may be accomplished if theConstruction Manager informs DCPL that the area in question has been approvedfor temporary occupancy by the regulatory authorities.

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

3. From the date of execution of the Change Order or Contract Completioncertificate by DCPL, the Contractor shall be relieved of obligation to maintain theaccepted portion of the Work, but shall remain obligated to correct any Punch List

items then uncorrected. The Contractor shall continue to carry the appropriateinsurance during performance of any Punch List Work.

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


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H.3

A. The District will be responsible for obtaining the building permit issued by theDepartment of Consumer and Regulatory Affairs (DCRA), Building and LandRegulation Administration, located at 941 North Capitol Street, N.E.,Washington, D.C. The Contractor shall apply for and obtain all other permits

required for this project including Raze Permit, certificates and licenses from theOffice of Licenses and Permits, Permit Processing Division, Department ofConsumer and Regulatory Affairs.

PERMITS, LICENSES AND CERTIFICATES:

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

2. If the Contractor experiences any difficulty in obtaining a permit, theContractor 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 theArchitect, the Construction Manager and the Owner reasonable notice ofthe date arranged for any inspection.

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

Permits and Certificates

1. Where electrical, plumbing and refrigeration Contractors and their craft persons perform work under contract with the District of Columbia andthe work is physically located in areas outside the District of Columbia, itshall be sufficient if any such Contractor and the Contractors craft persons are licensed either by the District of Columbia or by any

Licenses

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

in or occupy7. Signs and Temporary Fences8. Work on Sunday and after 6:00 p.m. weekdays.9. Razing

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


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governmental agency having jurisdiction over the area adjoining the siteon which the work is performed.

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

H.4 TEMPORARY FACILITIES, UTILITY CONNECTIONS AND SERVICES

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

:

A. TEMPORARY FACILITIES AND UTILITIES BY OTHERS

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

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

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

C. PERMANENT CONNECTIONS TO MAINS:

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


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H.5

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

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

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

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

submitted as stated above.

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

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

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

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

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

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

a. Project name and contract number;

b. Work for which material is intended;

SHOP DRAWINGS AND CATALOGUE CUTS:


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

d. General Contractors stamp of approval as evidence that drawings,

samples, and catalogue cuts included in the submittal have beenchecked for conformity with contract requirements includingdimensions, quality, grade, type, quantity coordination with otherwork and that the Contractor assumes all responsibility for errorsor discrepancies.

D. SHOP DRAWINGS

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

:

The Contractor shall submit shop drawings as described below:

1. Submit six (6) sets of each drawing.

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

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

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

c. When corrections to shop drawing prints are necessary, two (2)prints of each shop drawing will be returned to the Contractor forcorrections and resubmission in six sets.

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

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

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


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

E. COMPOSITE SHOP DRAWINGS:

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

1. In the event of a conflict, the Contractor may offer his suggestions for

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

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

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

to prevent a delay in construction.

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

the contract.

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

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

a. Project name and contract number;

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

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

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

samples submitted without the above labels.


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4. The Contractor shall submit samples of materials that are required tomatch work in place and shall also submit representative samples of present materials which they are to match. The Contractor may take asample of present materials from the work in place, but if this is not possible, the Contractor will take a sample to the site of the work forinspection and verification.

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

a. No approval of a sample shall be taken in itself to change or modifyany contract requirement unless specifically stated in the approval.

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

c. The Contractor shall mark for identification and use in the work the

approved samples of hardware, miscellaneous accessories and signs ingood condition.

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

6. The COTR will request the Contractor to deliver test samples as specifiedin the various specification sections and other test samples deemednecessary, or the COTR will take the same from various material or

equipment delivered by the Contractor for use in the work. The COTRhas the right to request any additional tests from an accredited testingfacility on any materials delivered to the site of the work, at the Districtsexpense.

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

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

9. The COTR reserves the right to disapprove any material, which ispresently, or which previously has been, unsatisfactory in service.

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


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

H.6 PROPRIETARY RESTRICTIONS

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

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

2. The COTR will judge the submissions on the basis of durability, strength,

appearance, serviceability of parts, output, coordination with related workand the ability to fulfill the requirements of the specified item.

:

H.7 DEBRIS AND CLEANING

A. During the progress of the Work, the Contractor shall be responsible for theremoval of all waste materials and rubbish attributable to the Work to anappropriate disposal site designated by the Construction Manager. The Contractorshall perform daily broom cleaning in the area of the Contractor's Work.

B. The Contractor shall, at the end of each working day or as directed by 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 remainthe property of the Government of the District of Columbia as provided in thespecifications) and leave the premises in a neat and clean condition satisfactory tothe COTR at the site.

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

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

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

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

H. The decision of DCPL shall be final.

I. FINAL CLEANING

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

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

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

materials;

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

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

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

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

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

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

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

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

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

12. At the completion of the Project, the electrical Contractor shall clean alllight fixtures, which includes, without limitation, removing bugs, debris,


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stains, rust and dirt, and replacing any burned out or substantiallydiminished light bulbs.

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

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

15. Final cleaning shall be done to the reasonable satisfaction of the Architect,the Construction Manager and the Owner.

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

17. If a dispute arises among Contractors as to responsibility for finalcleaning, the Construction Manager or the Architect may authorizeanother Contractor, or engage a qualified cleaning company, to performthe clean up, and deduct the cost from amounts due to those Contractorsresponsible as the Construction Manager or the Architect recommend andDCPL determines to be appropriate. The decision of DCPL on theresponsibility for such cost shall be final.

H.8 MATERIALS AND WORKMANSHIP:

A. Unless otherwise specified, all materials and equipments incorporated in the workunder the contract shall be new. All workmanship shall be first class and bypersons qualified in the respective areas.

B. In the absence of specific requirements for installation of a material or product,the Contractor will be held responsible for installation of said material or productin strict accordance with the manufacturer's printed instructions andrecommendations.

C. UNCOVERING THE WORK

1. If any Work is covered contrary to the requirements of the Plans andSpecifications or to the written request of the Architect or the ConstructionManager, such Work must, if required by the Architect or the ConstructionManager in writing, be uncovered for observation and replaced, if not inconformity with the Plans and Specifications, and recovered at theContractor's expense.

2. If any Work has been covered in accordance with the Plans and Specificationsand is Work which the Architect or the Construction Manager had notrequested the opportunity to observe prior to covering, the Architect or the


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Construction Manager may request that such Work be uncovered by theContractor.

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

D. CORRECTION OF THE WORK

1. The Architect, through the Construction Manager, shall notify the Contractorin writing if any Work is found by the Architect to be Defective, whetherobserved before or after Contract Completion. The Architect or the

Construction Manager shall specify in the written notice the time withinwhich the Contractor shall correct the Defective Work.

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

3. If the Contractor fails to correct any Defective Work within the time fixed inthe written notice, DCPL may correct such Work and seek recovery of allcosts, including any consequential damages, from the Contractor or theContractor's Surety.

E. SUBSTITUTIONS

1. Substitutes for Standards or Approved Equals shall not be considered afterthe bid open