CPFMD-17-0831-Health_Unit_IFB.pdf

All written communications regarding this solicitation should be addressed to the Contracting Officer at the mailing address listed on page 1. All communications should be directed by e-mail to: Monica.Wilkerson@dcsc.gov This solicitation is an OPEN MARKET procurement.

SOLICITATION, OFFER, AND AWARD

1.Caption Demolition and Construction of DC Courts

Health Unit

Page of Pages

1 51

2. Contract Number

3. Solicitation Number

CPFMD-17-0831

4. Type of Solicitation Sealed Bid (IFB) Sealed Proposals (RFP) Sole Source Emergency

5. Date Issued

6. Type of Market Open - Construction, Building

(General Construction, etc.)

Set Aside

7. Issued By

COURTS OF COLUMBIA COURTS

CAPITAL PROJECTS DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., ROOM 622

WASHINGTON, D.C. 20001

8. Address Offer to:

COURTS OF COLUMBIA COURTS

CAPITAL PROJECTS DIVISION

PROCUREMENT AND CONTRACTS BRANCH

616 H STREET, N.W., ROOM 622

WASHINGTON, D.C. 20001

NOTE: In sealed bid solicitations “offer” or “Contractor” means “bid or “bidder”

SOLICITATION

9. Sealed offers in original and __5__ copies for furnishing the items in the Schedule will be submitted to the address listed above in Section 8; at the attention of Ms.

Monica I. Smith, not later than__3:00 p.m.(est.)__ local time 3:00pm September 15, 2017

(Hour) (Date) CAUTION: SEE L.6-- BID SUBMISSION DATE AND TIME, AND LATE SUBMISSIONS, LATE MODIFICATIONS, WITHDRAWAL OR MODIFICATION

OF BIDS AND LATE BIDS. All offers are subject to all terms & conditions contained in solicitation.

10. For Information Contact

A. Name B. Telephone C. E-mail Address

Monica I. Smith (Area Code)

(Number)

(Ext)

Monica.Wilkerson@dcsc.gov

11. Table of Contents

(X) Section Description Page No.

(X) Sectio n

Description Page No.

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A Solicitation/Contract Form 1 X I Contract Clauses 23

X B Supplies or Services and Price/Cost 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C Specifications/Work Statement 4 X J List of Attachments 33

X D Packaging and Marking 10 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 11 X

K

Representations, certification and other statements of Contractors

X F Deliveries or Performance 12

X G Contract Administration Data 13 X L Instructions, conditions & notices to Contractors 41

X H Special Contract Requirements 19 X M Evaluation factors for award 51

Total Proposed Contract Amount (from page 2 – Price Schedule) $____________________

12. In conjunction with the above, the undersigned agrees, if this offer is accepted within _______120_______ calendar days from the receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.

13. Discount for Prompt Payment

10 Calendar days % 20 Calendar days

30 Calendar days % ____ Calendar days %

14. Acknowledgement of Amendments (The Contractor acknowledges receipt of amendments to the SOLICITATION):

Amendment Number

Date Amendment Number

Date

15A.

Name and Address of Contractor

16. Name and Title of Person Authorized to Sign Offer/Contract

15B. Telephone 15 C. Check if remittance address is different from above – Refer to section G

17. Signature 18. Award Date

(Area Code)

(Number)

(Ext)

AWARD (TO BE COMPLETED BY THE DC COURTS)

19. Accepted as to Items Numbered

20. Amount

21. Accounting and Appropriation/Certification of Funding date:

22. Name of Contracting Officer (Type or Print)

Dr. Cheryl Bailey

23. Signature of Contracting Officer (Courts)

24. Award Date mailto:Monica.Wilkerson@dcsc.gov

RFP# CPFMD-17-0831

Demolition and Construction of DC Courts Health Unit

SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND

PRICE/COST

B.1 The District of Columbia Courts (hereafter “Courts”) is seeking a contractor to provide demolition and construction of a new 4,571 square foot facility on the C Level of the H. Carl

Moultrie Courthouse Building. The new space will consist of a waiting room, offices, exam rooms, bath room, and pantry and storage area. The specific scope of work will include the demolition of existing finishes and systems and the construction of new partitions, floors, ceilings, ceramic tile, cabinets, countertops, bath accessories, and equipment. It will also include electrical, mechanical and plumbing demolition and the installation of new normal and emergency power systems, new data and telecommunications wiring and power for support of systems furniture, new ductwork, new VAV boxes, new thermostatic controls, integration into the existing building automation system, new sanitary piping, water supply lines, and fixtures, new fire suppression system, new fire alarm system, and building signage, as per Section C-

Specifications/Scope of Work below; and Project Drawings, Index and Project Specifications incorporated under Attachment J.23 of this solicitation.

B.2 The Courts contemplates award of a single fixed price contract. The Magnitude of this

Construction Projects is between $500,000 and $1,000,000. The Courts require completion of this contract within two hundred and seventy (270) days from Notice to Proceed (NTP).

B.3 PRICE SCHEDULE:

B.1 BASE PERIOD

Contract Line

Item No. (CLIN)

Item Description

Demolition and Build Out of Interim Security Office and

Wellness Center`

Total Price

0001 Demolition of existing spaces located adjacent to the C-10

Level within the H. Carl Moultrie Courthouse Building, as per Section C.5, Requirements and all other applicable documents, to include, but not be limited to, Drawings and

Specifications found in Attachment J.23 of this solicitation.

0002 Build Out of new DC Court Health Unit, and a portion of the adjacent Public Corridor, as per Section C.5, Requirements and all other applicable documents, to include, but not be limited to, Drawings and Specifications found in Attachment J.23 of this solicitation.

0003 CSO allowance, as per C.5.2.5, Requirements $10,000.00

0004 Hazardous Material Abatement allowance, as per C.5.3.1, Requirements

$25,000.00

Existing Non-Compliance Condition allowance, as per C.5.6, Requirements

$30,000.00

Grand Total for B.1

The Contractor hereby certifies that the above prices are complete, accurate and all inclusive of direct and indirect costs associated with performing the below services outlined in C.3 – Scope of Work (SOW).

Authorized Representative Name (Please Print) and Signature Required Date

B.4 In conjunction with the Price Schedule B.1 above, the Offeror is required to complete the cost and price data information found in Attachment J.13 - Bid/Offer Breakdown Sheet, made a part of, and incorporated into this solicitation/award. Offerors shall provide certified cost and price data by completing the Bid/Offer Breakdown Sheet incorporated under Attachment J.13 of this

RFP and submit same with Offer in accordance with instructions found in Section L.3.3 of this

RFP.

B.5 The Contract Sum is based upon the fact that this contract is a Firm-Fixed Priced contractual agreement (FFP).

B.6 Unit prices, if any, are to be fully incorporated into the Offer Breakdown Sheet (Attachment

J.13).

B.7 The Contracting Officer, or any of its duly authorized representatives shall, until (3) three years after final payment, have the right to examine any directly pertinent books, documents, papers and record of the Contractor involving transactions related to the contract.

B.8 The Contractor shall be expected to maintain complete and accurate records justifying all actual and accrued expenditures. The Contractor’s records shall be subject to periodic audit by the

Courts.

SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE:

The Scope of Work for the project is defined by the Contract Documents to include the solicitation and all incorporated documents. Offerors must consider the entire scope when submitting responses to the solicitation. Offeror must give special attention to all Project

Drawings, Specification &Index incorporated in and made a part of this solicitation through

Attachment J.23. This project will consist of the demolition and construction of a new 4,571 square foot facility on the C Level of the H. Carl Courthouse Building. The new space will consist of a waiting room, offices, exam rooms, bath room, and pantry and storage area. The specific scope of work will include the demolition of existing finishes and systems and the construction of new partitions, floors, ceilings, ceramic tile, cabinets, countertops, bath accessories, and equipment. It will also include electrical, mechanical and plumbing demolition and the installation of new normal and emergency power systems, new data and telecommunications wiring and power for support of systems furniture, new ductwork, new

VAV boxes, new thermostatic controls, integration into the existing building automation system, new sanitary piping, water supply lines, and fixtures, new fire suppression system, new fire alarm system, and building signage.

C.2 APPLICABLE DOCUMENTS:

C.2.1 The following documents are applicable to this procurement and are hereby reference:

C.2.2 Table 1 below:

Item No.(s) Document Type Title Date

0001 DC Courts DC Courts General Contract

Provisions

May 2017

0002 DC Courts Procurement Guidelines of the

DC Courts

March 31, 2017

0003 DC Courts General Conditions of the

Contract for Construction

November 2016

0004 DC Courts Sexual Harassment Policy July 21, 1999

C.3 DEFINITIONS: These terms when used in this RFP have the following meanings:

C.3.1 “Construction and demolition materials and debris” means materials and debris generated during construction, renovation, demolition, or dismantling of all structures and buildings and associated infrastructure.

C.3.2 “Diverting” means redirecting materials that might otherwise be placed in the waste stream to recycling or recovery, excluding diversion to waste-to-energy facilities. Request for Proposal (RFP) Documents include the solicitation and all incorporated Contract

Documents. The Solicitation/Offer/Award form found on page one of the Solicitation serves as a three in one form and will be used in soliciting, when Offeror’s submit proposals and in the resultant contract award.

C.3.3 Definitions set forth in the District of Columbia Courts Standard Contract Provisions for

Construction, or in other Contract Documents are applicable to the Offering Documents.

C.3.4 “Contract” is intended to refer to a contract for construction, unless another meaning is clearly intended.

C.3.5 “Design” means defining the construction requirement (including the functional relationships and technical systems to be used, such as architectural, environmental, structural, electrical, mechanical, and fire protection), producing the technical specifications and drawings, and preparing the construction cost estimate.

C.3.6 “Design-bid-build” means the traditional delivery method where design and construction are sequential and contracted for separately with two contracts and two contractors.

C.3.7 “Design-build” means combining design and construction in a single contract with one contractor.

C.3.8 “Firm” in conjunction with architect-engineer services, means any individual, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering.

C.3.9 “Plans and specifications” means drawings, specifications, and other data for and preliminary to the construction.

C.3.10 “Record drawings” means drawings submitted by a contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract.

C.3.11 “Two-phase design-build selection procedures” is a selection method in which a limited number of offerors (normally five or fewer) is selected during Phase One to submit detailed proposals for Phase Two

C.3.12 Written Amendments and or graphic instruments are issued by the Contracting Officer prior to the execution of the Contract that modify or interpret the Offering Documents by additions, deletions, clarifications or corrections.

C.3.13 An Offer is a complete and fully executed proposal that explains Work to be performed for the sums stipulated therein, submitted in accordance with the Offering Documents.

C.3.14 The Base Offer is the stated sum in the Offer, for which the Offeror agrees to perform the Work described in the Offering Documents as the Base; still, Work may be added and/or deleted for sums stated within the Alternate Offers.

C.3.15 An Alternate Offer (or Alternate) is an amount stated in the Offer to be added to or deducted from the amount of the Base Offer if the corresponding change in the Work, as described in the

Offering Documents, is accepted.

C.3.16 An Option Offer is an option to the contract that may be exercised as presented, negotiated, or declined by and at the sole discretion of the Courts.

C.3.17 A Unit Price is an amount stated in the Offer as a price per unit of measurement for materials, equipment and/or services, or a portion of the Work as described in the Offering Documents.

C.3.18 An Offeror is a person or entity who submits an Offer and meets the requirements set forth in the Offering Documents.

C.3.19A Sub-offeror is a person or entity who submits an Offer to an Offeror for materials, equipment and/or labor for a portion of the Work.

C.4 BACKGROUND:

C.4.1 The District of Columbia Courts, consisting of the Court of Appeals, the Superior Court, and the

Court System, constitute the Judicial Branch of the District of Columbia and are separate and distinct from the Executive and Legislative Branches. The organization and operation of the

District of Columbia courts, is a completely unified court system.

C.4.2 The H. Carl Moultrie I Courthouse, built in the 1970s, although not historic, is also located along the view corridor and reinforces the symmetry of Judiciary Square through its similar form and material to the municipal building located across the John Marshall Plaza. The

Moultrie Courthouse provides space for Superior Court, and Family Court operations and the

Clerk’s offices.

C.5 REQUIREMENTS:

C.5.1 The Health Unit project includes the demolition and construction of a new 4,571 square foot facility on the C Level of the H. Carl Moultrie Courthouse Building. The new space will consist of a waiting room, offices, exam rooms, bath room, and pantry and storage area. The specific scope of work will include the demolition of existing finishes and systems and the construction of new partitions, floors, ceilings, ceramic tile, cabinets, countertops, bath accessories, and equipment. It will also include electrical, mechanical and plumbing demolition and the installation of new normal and emergency power systems, new data and telecommunications wiring and power for support of systems furniture, new ductwork, new VAV boxes, new thermostatic controls, integration into the existing building automation system, new sanitary piping, water supply lines, and fixtures, new fire suppression system, new fire alarm system, and building signage.

C.5.2 ADDITIONAL PRICING INCLUSIONS:

C.5.2.1 The Contractor shall provide fulltime dedicated Project Management and Project Manager throughout the duration of the project for such items including, but not limited to, walkthroughs and weekly progress meetings.

C.5.2.2 The Contractor shall provide a fulltime dedicated project Superintendent throughout the duration of the project, who will remain on-site at all times when work on the project is being performed on the project.

C.5.2.3 The Courts will contract directly with a 3 rd

Party Code Compliance Inspection Agency and a

Material Inspection Agency to provide the necessary DCRA required inspections and testing services. The Contractor will be responsible for all required coordination and inspection scheduling with the 3 rd

Party Code Compliance Inspectors and Material Testing Agencies.

C.5.2.4 The Offeror shall include an allowance in the Offer as indicated below to cover the costs associated with the use of Courts Security Officers (CSOs) during the various stages or phases of the this project. The Offeror shall be required to coordinate and schedule CSO activities for their work on this project and shall be required to provide monthly invoices and detailed explanations in order to support the use of the CSOs.

C.5.2.5 The CSO allowance for this project is as follows: $10,000

C.5.3 The Offeror shall include an allowance in the Offer to cover the costs associated with the

Hazardous Material Abatement in accordance with C.5.4 below.

C.5.3.1 The Hazardous Material Abatement allowance for this project is as follows: $25,000

C.5.4 Required Hazardous Material Abatement Scope of Work clarifications

The Offeror shall be responsible for all hazardous material abatement. If hazardous materials are detected within the project area, the abatement and removal of this hazardous material shall be performed in accordance with all applicable regulations. The Offeror shall coordinate work to be completed to make sure it does not interrupt continued operations of other areas. The Offeror is responsible for the following items during any hazardous material removal:

C.5.4.1 Adhering to all applicable hazardous material removal regulations and guidelines (DDOE, OSHA, etc.).

C.5.4.2 Obtaining all abatement permits (and demolition permits as necessary).

C.5.4.3 Utilizing a qualified Industrial Hygienist to perform air monitoring services for asbestos and provide daily reports to the Courts each day by 8:00 am.

C.5.4.4 Submitting a detailed Hazardous Plan of Action to the Courts to include the following:

a. Areas to be abated.

b. General approach per regulations and guidelines.

c. Process for handling additional hazardous materials (if discovered).

d. Air monitoring.

e. Emergency action plan.

f. Signage.

C.5.4.5 The Offeror is to three all existing HVAC duct sealant mastic, pipe sealant, pipe insulation and pipe hanger blocks tested for hazardous material and are to be removed through an abatement process if found to be hazardous. This includes all components listed on the

Construction Documents to be demolished, and the “existing to remain” components within the project limits of construction.

C.5.4.6 The Offeror shall include the necessary cost to replace all existing HVAC hazardous components including, but not limited to ducts, pipe insulation and pipe hanger blocks that are not already shown as new work in the Construction Documents which have been removed as part of the abatement process.

C.5.4.7 The Offeror shall include the necessary cost to replace all asbestos-containing material and lead-containing paint not already shown as new work in the Construction Documents which have been removed as part of the abatement process.

C.5.5 Working Hours

Pricing should assume work within the H. Carl Moultrie Courthouse building is limited to the hours of 6:00 PM to 6:00 AM, Monday through Friday, except as otherwise indicated in

Specifications.

C.5.6 The Offeror shall include costs in the Offer to cover existing non-compliant code conditions throughout the Project limits. Typical items observed in the Moultrie Courthouse that will need to be corrected during the Project to meet minimum code requirements, if those items are existing-to-remain to include, but not limited to, the following:

C.5.6.1 Duct insulation repair IMC 604.1

C.5.6.2 Missing Pipe saddles IPC 305.3

C.5.6.3 Support or remove control wiring NEC 800.133

C.5.6.4 Cover open electrical boxes NEC 110.12A

C.5.6.5 Support for electrical boxes NEC 314.23

C.5.6.6 Support for conduits NEC 342.30B

C.5.6.7 Support for MC cable NEC 330.30

The Existing Non-Compliance Condition allowance for this project is as follows: $30,000

C.5.7 Construction Management Software: The Offeror is mandated to use the Courts web-based

Construction Management Software for construction management activities including:

Submittals, RFI’s, logs, and documentations. At the Courts discretion, this may supersede submittals requirements stated in the current project’s specifications, if in conflict. In such cases, Offeror shall point out and seek Courts direction.

C.5.8 The Offeror shall include the applicable project fees and cost escalation necessary for a scheduled Contruction Mobilization date of November 1, 2017.

C.5.9 The Courts shall contract separately and security equipment and wiring. The Offeror shall be responsible for providing rough-in locations for the above items per coordinated shop drawings.

The Offeror shall be required to help coordinate the separately contracted work to be completed in each phase to make sure it does not interrupt operations in other areas of the building.

C.5.10 At the Courts’ discretion, we will contract directly with the Commissioning Agent for commissioning of the major mechanical, electrical, and plumbing work in the project as noted in the Construction Documents. The Contractor shall coordinate with the Courts

Commissioning Agent to test and provide written report of the performance of all new HVAC and plumbing systems prior to the completion of the project. The Contractor shall also attend testing, adjusting and balancing review and coordination meetings as required. Refer to the

Contract Documents for more information regarding commissioning.

C.5.11 The Contractor shall institute and perform Fire Watch Protocol activity as necessary to complete the requirements listed under this solicitation.

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SECTION D: PACKAGING AND MARKING:

N/A in this solicitation

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES:

E.1.1 “Services” as used in this clause includes services performed, workmanship, and material furnished or utilized in the performance of services.

E.1.2 The Contractor shall provide and maintain an inspection system acceptable to the Court covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Court during contract performance and for as long afterwards as the contract requires.

E.1.3 The Court has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Court will perform inspections and tests in a manner that will not unduly delay the work.

E.1.4 If the Court performs inspections or tests on the premises of the Contractor or subcontractor, the

Contractor shall furnish, without additional charge, all reasonable facilities and assistance for the safety and convenient performance of these duties.

E.1.5 If any of the services do not conform to the contract requirements, the Court may require the

Contractor to perform these services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Court may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect value of services performed.

E.1.6 If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity to contract requirements, the Court may (1) by contract or otherwise, perform the services and charge the Contractor any cost incurred by the Court that is directly related to the performance of such services, or (2) terminate the contract for default.

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT:

The term of the contract shall be for a period not to exceed (NTE) one year or until completion of contract, whichever comes first. Should extension to period of performance be required, the Courts, at its discretion, will modify the existing contract to extend the contract period.

F.2 TIME EXTENSIONS:

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.3 DELIVERABLES:

F.3.1 The Contractor shall perform the activities required to successfully complete the Courts requirements and submit each deliverable to the Contracting Officer’s Technical Representative identified in section G.9 of this RFP.

F.3.2 All deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall furnish office supplies, materials, equipment and employees required to meet and perform the requirements of this Contract.

F.3.3 The Contractor shall provide the Courts with timeframes for the completion of each build out.

The Courts will provide a priority list based on the timeframes provided.

F.3.4 The Contractor shall provide the Courts with a schedule for final review and acceptance.

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SECTION G: CONTRACT ADMINISTRATION:

G.1 INVOICE PAYMENT:

G.1.1 The Courts will make payments to the Contractor, upon the submission of proper invoices, at the prices stipulated in this contract, for supplies delivered and accepted or services performed and accepted, less any discounts, allowances or adjustments provided for in this contract.

G.1.2 The Courts will pay the Contractor on or before the 30 th day after receiving a proper invoice from the Contractor.

G.2 INVOICE SUBMITTAL:

G.2.1 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in

Section G.4. Invoices shall be prepared in duplicate and submitted to the agency Chief

Financial Officer. The address of the CFO is:

Accounting Supervisor Budget and Finance Division District of Columbia Courts 616 H Street, N.W., Suite 600 Washington, D.C. 20001 Telephone: 202-879-2813

G.2.2 To constitute a proper invoice, the Contractor shall submit the following information on the invoice:

G.2.2.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date of mailing or transmittal);

G.2.2.2 Contract number and invoice number;

G.2.2.3 Description, price, quantity and the date(s) that the supplies or services were delivered or performed;

G.2.2.4 Other supporting documentation or information, as required by the Contracting Officer;

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 different from the person identified in G.2.2.6 above) to be notified in the event of a defective invoice; and

G.2.2.8 Authorized signature.

G.4 PAYMENT:

G.4.1 Based upon Applications for Payment submitted to the Courts by the Contractor, the Courts shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

G.4.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

G.4.3 Notwithstanding any other payment terms in this contract, the Courts will make invoice payments under the terms and conditions in accordance with the Courts policies. The Courts shall make progress payments monthly as the work proceeds or at more frequent intervals as determined by the Contracting Officer, based on percentages of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting

Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(vi) Release of Lien from General Contractor & 2 nd tier releases from Sub-subs.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(3) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (See Attachment J.8).

G.4.4 Each Application for Payment shall be based on the most recent approved cost loaded schedule submitted by the Contractor in accordance with the Contract Documents. The approved cost loaded schedule shall allocate the entire Contract Sum among the various portions of the Work.

The approved cost loaded schedule shall be prepared in such form and supported by such data to substantiate its accuracy as the Courts may be require to perform an earned value management analysis. This schedule, unless objected to by the Courts, shall be used as a basis for reviewing the Contractor's Applications for Payment. See Attachment J.23; and

Specifications Section 01-2900 Payment Procedures. The contractor should thoroughly review their cost-loaded schedule prior to submission to the Courts to ensure the identified costs accurately reflect the true costs of each cost-loaded activity. In the event DC Courts chooses to delete specific portions of work, these identified and approved costs will be the firm costs deleted from the contract scope of work. The contractor will not be allowed to modify these costs at a later date when determining potential contract cost credits.

G.4.5 Applications for Payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the Application for Payment.

G.4.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the

Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent (10.00%) to be modified. Pending final determination of cost to the

Contracting Officer of changes in the Work, amounts not in dispute shall be;

2. Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10.00%);

3. Subtract the aggregate of previous payments made by the Owner; and

4. Subtract amounts, if any, for which the Courts has withheld or nullified a Certificate for

Payment.

G.4.7 The progress payment amount determined shall be further modified under the following circumstances:

1. Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Courts and

Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and

2. Add, if final completion of the Work is thereafter materially delayed through no fault of the

Contractor, any additional amounts.

G.4.8 Reduction or limitation of retainage, if any, shall be as follows:

G.4.8.1 Until the contract completion, the retainage will be held at ten percent (10.00%) of the earned value of the work completed to date.

G.4.9 Except with the Courts prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. A contractor request which includes payment for project material stored at a location other than the project site will not be approved until the contractor meets the off-site material storage requirements as indicated by DC Courts.

G.5 FINAL PAYMENT

G.5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the

Courts to the Contractor when:

1. the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided Section C and all other applicable incorporated documents, and to satisfy other requirements, if any, which extend beyond final payment; and

2. a final Certificate for Payment has been issued to the Courts.

G.5.2 The Courts final payment to the Contractor shall be made no later than thirty (30) days after the issuance of the Courts final Certificate for Payment.

G.6 ASSIGNMENT OF CONTRACT PAYMENTS

G.6.1 The Contractor may assign to a bank, trust company, or other financing institution funds due or to become due as a result of the performance of this contract.

G.6.2 Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party.

G.6.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows:

“Pursuant to the instrument of assignment dated ___________, make payment of this invoice to

(name and address of assignee).”

G.7 Payments to Subcontractors

G.7.1 The Contractor must take one of the following actions within seven (7) days of receipt of any amount paid to the Contractor by the Courts for work performed by any subcontractor under this contract:

a) Pay the subcontractor for the proportionate share of the total payment received from the

Courts that is attributable to the subcontractor for work performed under the contract; or

b) Notify the Courts and the subcontractor, in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment and state the reason for the nonpayment.

G.7.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of 1% per month. No interest penalty shall be paid on the following if payment for the completed delivery of the item of property or service is made on or before the 15 th day after the required payment date for any other services.

G.7.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-day period shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall accrue on the added amount.

G.7.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to which the Courts is a party. The Courts may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

G.7.5 Subcontract requirements

G.7.5.1 The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses.

G.8 CONTRACTING OFFICER (CO)

Contracts will be entered into and signed on behalf of the Courts only by the Contracting

Officer. The contact information for the Contracting Officer is:

Dr. Cheryl R. Bailey

Courts of Columbia Courts

Capital Projects and Facilities Management Division

616 H St., NW, Suite 622

Washington, DC 20001

Email: Cheryl.Bailey@dcsc.gov

G.9 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.9.1 The CO is the only person authorized to approve changes in any of the requirements of this contract.

G.9.2 The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the CO.

G.9.3 In the event the Contractor effects any change at the instruction or request of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.

G.10 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

G.10.1 The COTR is responsible for general administration of the contract and advising the CO as to the Contractor’s compliance or noncompliance with the contract. The COTR has the mailto:Cheryl.Bailey@dcsc.gov responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract. These include:

G.10.2 Keeping the CO fully informed of any technical or contractual difficulties encountered during the performance period and advising the CO of any potential problem areas under the contract;

G.10.3 Coordinating site entry for Contractor personnel, if applicable;

G.10.4 Reviewing invoices for completed work and recommending approval by the CO if the

Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure;

G.10.5 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the Courts payment provisions; and

G.10.6 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers.

G.10.7 The address and email of the COTR is:

Judith Hill

Projects Manager

Capital Projects and Facilities Management Division

616 H Street, N.W., Suite 622

Washington, D.C. 20001 judith.hill@dcsc.gov

G.10.8 The COTR shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make contractual agreements, commitments or modifications;

2. Grant deviations from or waive any of the terms and conditions of the contract;

3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract,

4. Authorize the expenditure of funds by the Contractor;

5. Change the period of performance; or

6. Authorize the use of Courts property, except as specified under the contract.

G.10.9 The Contractor will be fully responsible for any changes not authorized in advance, in writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be required, at no additional cost to the Courts, to take all corrective action necessitated by reason of the unauthorized changes.

mailto:judith.hill@dcsc.gov

ECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Contractor shall be bound by the Wage Determination No: DC170002, dated 08/18/2017, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C.

§351 et seq., and incorporated herein as Section J.19. The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with the SCP. If an option is exercised, the Contractor shall be bound by the applicable wage rates at the time of the option. If the option is exercised and the CO obtains a revised wage determination, the revised wage determination is applicable for the option periods and the

Contractor may be entitled to an equitable adjustment.

H.2 COURTS RESPONSIBILITIES

H.2.1 The Courts will procure a building permit to transfer to the selected Contractor.

H.2.2 The Courts shall contract separately for the tenant furniture, phone/data low voltage cabling, and security equipment and wiring. The Offeror shall be responsible for providing rough-in locations for the above items per coordinated shop drawings. The Offeror shall need to help coordinate the separately contracted work to be completed in each phase to make sure it does not interrupt operations in other areas of the building.

H.2.3 At the Courts discretion, we will contract directly with the Commissioning Agent for commissioning of the major mechanical, electrical, and plumbing work in the project as noted in the Construction Documents. The Contractor shall coordinate with the Courts

Commissioning Agent to test and provide written report of the performance of all new HVAC and plumbing systems prior to the completion of the project. The Contractor shall also attend testing, adjusting and balancing review and coordination meetings as required. Refer to the

Contract Documents for more information regarding commissioning.

H.3 CONTRACTOR RESPONSIBILITIES

H.3.1 See this solicitation and all other incorporated Contract Documents for Contractor

Responsibilities.

H.4 SECURITY REQUIREMENTS

H.4.1 The requirement for Contractor personnel to obtain a security clearance and temporary Court identification badges, as designated by the Contracting Officer, may arise per District of

Columbia Courts’ security policies and procedures. The District of Columbia Courts will notify the Contractor of all such requirements as soon as practicable.

H.5 SPECIAL STANDARDS OF RESPONSIBILITY

H.5.1 In addition to the general standards of responsibility set forth above, the Offeror must demonstrate to the satisfaction of the Courts the Offerors ability to obtain performance and payment bonds. Offeror must submit with its proposal convincing evidence that demonstrates that the Offeror meets the Special Standard(s) of Responsibility. At a minimum, an Offeror must provide the following evidence:

H.6 PERFORMANCE BOND AND PAYMENT BOND REQUIRMENTS

H.6.1 If stipulated in the Offering Documents, the Offeror shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising there under. Bonds may be secured through the Offeror's usual sources.

H.6.2 If the furnishing of such bonds is stipulated in the Offering Documents, the cost shall be included in the Offer. If the furnishing of such bonds is required after receipt of Offers and before execution of the Contract, the cost of such bonds shall be added to the Offer in determining the Contract Sum.

H.6.3 If the Courts require that bonds be secured from other than the Offeror's usual sources, changes in cost will be adjusted as provided in the Contract Documents.

H.7 TIME OF DELIVERY AND FORM OF BONDS

H.7.1 The Offeror shall deliver the required bonds to the Courts not later than three (3) days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Offeror shall, prior to commencement of the Work, submit evidence satisfactory to the Courts that such bonds will be furnished and delivered.

H.7.2 Unless otherwise provided, the bonds shall be written on the attached Bond Forms. Both bonds shall be written in the amount of the Contract Sum.

H.7.3 The bonds shall be dated on or after the date of the Contract.

H.7.4 The Offeror shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

H.8 SPECIAL INSTRUCTIONS AND REQUIREMENTS

H.8.1 The Courts creates a unique environment for Contractors to perform Work. There are levels of security that can hinder access to all areas of the building, such as, high-traffic public areas, cell blocks, and secure areas for Judges and Jurors. Working in a building that includes many different levels of security can be challenging. The Contractor is required to obtain clearances for their project team and their subcontractors, and obtain permission to work in secure areas.

The processes to obtain clearances and permissions takes time, but Contractors are still required to maintain their prescribed schedules. Clearances and background checks can take up to four

(4) weeks to process. Due to the Court’s business operations, workers who have obtained clearances in other government facilities may not be cleared to work in the Courthouse. The requirement for Contractor personnel to obtain a security clearance is mandatory to work on the

DC Courts’ premise. If the procedures to acquire the security clearance change, the Contracting

Officer will notify the Contractor of any new requirements as soon as practicable. The

Contractor shall satisfy security clearance requirements as designated by the Contracting

Officer. Contractors should understand that some secure areas require work to be performed during off hours or with the accompaniment of Court Security Officers (CSO’s). These secure areas include the Clerk of the Court office area, the Executive Office area, Judges’ Chambers, and U.S. Marshals Space. The CSO’s and U.S. Marshals can be retained for use by the

Contractor in these instances.

H.8.2 Reserved

H.8.3 Due to warranty requirements, EMS Technology, Inc. is the required HVAC control systems contractor for any work that involves the infrastructure and relocation or addition of the HVAC controls system in the H. Carl Moultrie I. Building. They are required to provide the same pricing to all contractors. Their contact information is as follows:

EMS Technology, Inc.

2134 Estey Court, Suite 5

Crofton, MD 21114

(301) 858-0220

H.9 LIQUIDATED DAMAGES:

H.9.1 The Contractor shall complete all project work, including, warranty information, Operations and

Maintenance (O+M) data As-builts, etc. not later than 45 days from the date of substantial completion, or as follows:

H.9.2 Subject to adjustments of this Contract Time as provided in the Contract Documents.

H.9.3 In the event the Work is not substantially completed by the Contractual Date of Substantial

Completion, which is defined as the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Courts can fully, safely, and securely commence their Work in the Project Area, the

Contractor, its agents and subcontractors shall be liable to the Courts for liquidated damages for each calendar day thereafter until the Contractor reaches Substantial Completion as specified, according to the following schedule:

1. $1,000.00 per calendar day for each day up to thirty (30) days; thereafter,

2. $2,000.00 per calendar day for each day in excess of thirty (30) days up to sixty (60) days;

and for each day thereafter,

3. $5,000.00 per calendar day for each day in excess of sixty (60) days until Substantial

Completion.

H.9.4 Furthermore, Substantial Completion is defined as the date when work per the Contract

Documents is complete to the point where the Courts can fully, safely, and securely commence work in the Project Area, all punch list work is complete and cabling, security, furniture installations are complete, and the other Courts vendors (i.e. IT and Telecom) can deliver and install their respective equipment and furnishings to bring this project to a final point where it is ready for full Occupancy.

H.9.5 Ready for Owner Occupancy is defined as the date when the Courts vendors are complete (i.e.

IT and Telecom) and the Project Area is ready for full Occupancy to meet the necessary Courts functions.

H.9.6 Final Project Completion is defined as the date when paperwork and close out documentation has been submitted for review, approved, and accepted by the Courts.

H.9.7 The Contractor, its agent and subcontractors shall be liable for liquidated damages for each day of delay in achieving Substantial Completion and Final Project.

H.9.8 Notwithstanding any contrary provisions in the Contract Documents, the term “Substantial

Completion” relating to the completion of the Work shall mean the date certified by the

Contracting Officer, when (i) construction of all of the work is sufficiently complete in accordance with the Contract Documents, so that the Courts can fully, safely, and securely commence work in the project area. (ii) the Architect has prepared a punch list of work remaining to be performed and has established a reserve equal to 200% of the value attributed to punch list work, or Fifty thousand dollars ($50,000), whichever is greater, (iii) all required governmental inspections applicable to the satisfactory completion of Contractor’s work only have been conducted and all final approvals required for beneficial occupancy have been obtained from public and quasi-public authorities with jurisdiction over the Project, including a

Certificate of Occupancy or Non-Residential Use Permit, if required, issued by appropriate authorities, and (iv) all other conditions precedent to Substantial Completion as set forth in the

Contract Documents have been satisfied. The Date of Substantial Completion shall be reflected in each copy of the Contractor’s Construction Schedule, prepared.

SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The D.C. Courts General Contract Provisions, as amend 11 (Attachment J.1) and the General

Conditions of the Construction Contracts (Attachment J.2) are incorporated as part of the resultant contract.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this contract beyond the current fiscal year is contingent upon future fiscal appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

The Contractor shall keep all information relating to any employee or customer of the Courts in absolute confidence and shall not use the information in…