DCAM-25-CS-IFB-0006.pdf

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

INVITATION FOR BIDS (“IFB”)

Solicitation Number: DCAM-25-CS-IFB-0006

DC Fire and Emergency Medical Services (“FEMS”) Epoxy Flooring Upgrades for Engine Houses 1, 11, 16, and 29

Date Issued: March 20, 2025

Pre-Bid Conference: March 25, 2025, at 12:30 P.M EST.

Engine House 29 See Section L.8

Site Visit March 25, 2025, at (12:30 – 4:30) P.M EST .

Engine House 29 -> Engine House - 1> Engine

House 16 -> Engine House - 11 See Section L.9

Last Day for Questions: March 28, 2025, at 2:00 P.M EST.

See Section L.7

Bid Due Date: April 7, 2025, at 12:00 P.M EST.

See Section L.5

Bid Opening Date: April 7, 2025, at 2:00 P.M EST.

See Section L.16

Contact: Valentine Egbiremon Contract Specialist Department of General Services 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019 valentine.egbiremon@dc.gov

This solicitation is set aside for Offerors that are certified by the District of Columbia Department of Small and Local Business Development (“DSLBD”) as certified Small Business

Enterprises (SBEs).

mailto:valentine.egbiremon@dc.gov

Reserved for Section A- Award Page

SECTION B

CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST

B.1 INTRODUCTION

The District of Columbia (the “District”) Department of General Services (“DGS” or “Department”) is issuing this Invitation for Bids (“IFB”) Contractor to provide all labor, material, and equipment for the FEMS Epoxy Flooring Upgrades for Engine Houses 1, 11, 16, and 29 (the “Project”) located at District of Columbia Fire and Emergency Medical Services’ (“FEMS”) locations: Engines Houses #1, 11, 16 and 29. The Contractor shall complete the Project’s requirements, in accordance with Section C, Attachment A - Scope of Work Statement (“SOW”) and Attachment B – Drawings & Specifications.

Station/ Facility Address Building Square Footage

Built/ Renovated

Engine House #1 2225 M Street N.W. 14,703 2017 Engine House #11 3420 14th Street N.W. 14,219 1984 Engine House #16 1018 13th Street N.W. 25,634 1932/2016 Engine House #29 4811 MacArthur Blvd

N.W.

13,363 1925/2012

The Department intends to make one (1) contract award to the Bidder who submits the lowest evaluated bid that is responsive, responsible and most advantageous to the District. To this end, the Department will evaluate bids as submitted in the Offer Letter and Bid Form consistent with the price-related evaluation factors identified in the IFB.

IMPORTANT NOTICE: DGS will notify Bidders of any changes, additions and or deletions to the specifications and or responses to questions by addenda to this IFB as they will be posted on the DGS’s website. It is the Bidder’s responsibility to frequently visit DGS’s website (http://dgs.dc.gov/page/dgs-solicitations) to obtain addenda once they have received a copy or downloaded a copy of the IFB.

http://dgs.dc.gov/page/dgs-solicitations

B.2 TYPE OF CONTRACT

B.2.1 This will be Lump Sum Price type contract. Bidders will be required to provide a Lump

Sum Price which shall include sufficient funds to cover all the expenses necessary to complete the Project, including, but not limited to, profit, home and field office overhead, supervision, labor, materials, equipment, bonds, insurance and other services that may be required to obtain the necessary permits, and construct the work. The Lump Sum Price shall also include sufficient funding to fund items that are not specifically identified on the SOW, but which are reasonably inferable therefrom. The Department contemplates award of a Lump Sum Price contract to one contractor; therefore, the contract resulting from this IFB will be made to the lowest evaluated bidder who is responsive and responsible.

B.3 PRICE SCHEDULE/BID FORM – Lump Sum Price B.3.1 Lump Sum Price

The awarded Contractor(s) shall be paid a Lump Sum Price as detailed in Attachment C, to complete the Project.

B.3.2 Work Included in the Lump Sum Price

The Bidder acknowledges and understands that the Lump Sum Price is based on the Scope of Work Statement (SOW) - Section C, (Attachment A) including the Drawings and Specifications (Attachment B), which are incorporated into the Contract awarded pursuant to this IFB (the “Contract”). It is understood and agreed that the Lump Sum Price represents the Bidder’s offer to complete the Project. The Parties acknowledge and agree that it is the Department’s intent to have the awarded Contractor provide all labor, materials, and equipment to complete the Project as contemplated in the Contract Documents, for the Lump Sum Price and consistent with the Project Schedule. In furtherance of such intent, the awarded Contractor assumes the risks associated with and shall be responsible for: (i) any changes in market conditions that affect the cost of labor or materials; (ii) coordination issues between the drawings; (iii) elements of work not shown on the Contract Documents, but which are reasonably inferable from the Contract Documents; (iv) cost associated with acceleration of the work and expediting of materials necessary to meet the Project Schedule which are the result of anything other than an Excusable Delay; and (v) the risk of subcontractor default or non-performance. It is understood and agreed by the Parties that items (i) through (v) listed in the preceding sentence are not intended to be an exclusive list of the risks assumed by the awarded Contractor and that such items represent a partial list of the risks assumed by the awarded Contractor.

B.3.3 Basis of Lump Sum Price The Lump Sum Price is based on the following documents that are incorporated into the IFB and resulting Contract:

B.3.3.1.1 Attachment A Scope of Work

B.3.3.1.2 Attachment B Drawings and Specifications

B.3.3.2.1 Attachment C Offer Letter and Bid Form

B.3.3.2.2 Attachment D Scrub List for capturing Capital & Operating Expenditure

B.3.3.3 Attachment G Subcontracting Plan and Subcontracting Agreements

B.3.3.4 Attachment H 2025 Living Wage Act Notice and Fact Sheet

B.3.3.5 Attachment I Davis-Bacon Wage Rates Determination

B.3.3.6 Attachment J DGS Standard Contract Provisions (Construction Contracts)

B.4 ACKNOWLEDGEMENT OF REVIEW OF CONTRACT DOCUMENTS

Before submitting its bid in response to this IFB, the Bidder acknowledges that it reviewed the SOW and the Drawings and Specifications for accuracy, constructability, and completeness and was required to bring such deficiencies to the attention of the Department so that the Department’s Architect/Engineer can address any such deficiencies. The awarded Contractor acknowledges that any deficiencies it identifies after submitting its bid shall not be the basis for a change in the Lump Sum Price or delaying the Project Schedule to the extent that any such deficiencies in the SOW and or Drawings and Specifications could have been identified by prior review of a competent prospective Contractor.

B.4.1 During the term of the awarded Contract, should any errors, omissions, ambiguities or discrepancies be found on the Contract Documents, or should there be found any discrepancies between the Contract Documents to which the awarded Contractor has failed to call attention before submitting its bid, the awarded Contractor shall bring any such errors, omissions, ambiguities or discrepancies to the attention of Department, and the Department will interpret the intent of the Contract Documents. The awarded Contractor agrees to abide by and to carry out the Work in accordance with the decision of the Department. Wherever the intent of the Contract Documents is not indicated clearly or there is a conflict between the Contract Documents, the awarded Contractor will be held to have included in the Lump Sum Price the more expensive material or method of construction and the quantity of material.

B.4.2 If any item or material shown on the Drawings is omitted from the Specifications, or vice versa (except when the Drawings and Specifications clearly exclude such omitted item), and such item or material is required to complete the detail shown or specified, and if additional details or instructions are required to complete the Work, then the awarded Contractor is deemed to have made an allowance in the Lump Sum Price for the completion of the Work, consistent with adjoining or similar details and the best accepted practices of the trade for projects of this type and quality, whichever is more expensive, unless such additional information was not reasonably inferable from the Contract Documents. Without limiting the awarded Contractor’s other duties, in the case of a difference among the Contract Documents as to the Contractor’s obligations, or an inconsistency in the Contract Documents, the Department will decide which requirement governs; however, the awarded Contractor shall assume that the more expensive material or method of construction and the quantity of material shall be required without a change to the Lump Sum Price.

B.4.3 Execution of the Contract by the awarded Contractor is a representation that the Contractor has thoroughly examined all Contract Documents, including all details, plans, elevations, sections, schedules and diagrams, has visited the site, has become familiar with local conditions under which the Work is to be performed, has correlated personal observations with the requirements of the Contract Documents, and has satisfied itself before executing the Contract as to all matters that can affect the Work and its cost, including: (1) the nature of the land and subsoil; (2) the form and nature of the site and surrounding areas; (3) details and levels of existing pipe lines, conduits, sewers, drains, cables or other existing services; (4) the quantities, nature and availability of the materials, tools, equipment and labor necessary for the completion of the Work; (5) the means of access to the site and any accommodation he may require; (6) uncertainties of weather and physical conditions at the site; and in general to have himself obtained all necessary information as to risk contingencies, climatic, hydrological and natural conditions and other circumstances which may influence or affect his performance of the Work. The awarded Contractor waives any and all claims against the Department arising from or relating to such contingencies and conditions that are reasonably inferable from the Contract Documents, in light of the required preconstruction review and inspection and the Contractor’s expertise in the field of construction.

B.5. A Bidder responding to this IFB must submit with its bid a copy of the certification acknowledgment letter, and a notarized statement detailing any subcontracting plan required by law. A Bidder responding to this IFB shall be deemed nonresponsive and shall be rejected if the Bidder fails to submit a subcontracting plan required by law. For contracts more than $250,000.00, a Bidder shall ensure that its bid complies with the subcontracting requirement(s) in accordance with Section H.9 of this IFB.

SECTION C

SPECIFICATIONS/SCOPE OF WORK STATEMENT

C.1 Scope of Work

The scope of work requires the satisfactory completion of the Project as outlined in the specifications and drawings for the capital improvements for the FEMS – Epoxy Flooring Upgrades for Engine Houses 1, 11, 16, and 29.. The work shall be performed in accordance with this Section C – Scope of Work Statement (Attachment A) and the Construction Drawings and Specifications (Attachment B). In particular, the Contractor shall coordinate the construction work with FEMS. The Contractor shall comply with all the regulations and code requirements that are applicable and as specified to District building construction. It shall be the responsibility of the Contractor to review all existing documents and conduct site visits to ascertain existing conditions.

C.2 Preconstruction Activities

Prior to mobilizing to the Project site and commencing work, the Contractor shall be required to complete those activities set forth in this Section C.2. Unless a delay in completing the preconstruction activities is the result of a delay beyond the timeframes set forth herein by the Department, the Project Manager, the Code Official or the Architect/Engineer or an event of force majeure, delays in completing the preconstruction activities shall not be considered excusable and shall not justify an extension of the substantial completion date.

C.2.1 Detailed Schedule. Within seven (7) days of the issuance of a notice to proceed (“Notice to Proceed”) or (“NTP”), the Contractor shall submit to the Department for its approval a schedule of the Project. Such schedule shall include a schedule for submittals that is reasonably acceptable to the Project Manager. The Project Manager shall have five (5) business days to review such submittal.

C.2.2 Preconstruction Submittals. On or before the dates specified in the approved detailed schedule, the Contractor shall submit any necessary preconstruction phase information to the Project Manager for his review and approval. Unless a different timeframe is established in the approved baseline schedule, the Project Manager shall have five (5) business days to review such documents. In the event the Project Manager finds such documents to be unacceptable, the Contractor shall be required to revise and resubmit such documents. The Contractor shall not commence construction activities unless and until the deliverables listed in Section C.2 have been approved by the Project Manager. Any delays that result from any preconstruction submittal resubmissions shall be considered Non-Excusable.

C.2.3 Safety Plan. Prior to the start of construction activities, the Contractor shall prepare a safety plan for the construction phase conforming to OSHA 29 CFR 1926 and Article 27, Section A of the Standard Contract Provisions (Construction Contracts) Attachment J (such plan, the “Safety Plan”). The Safety Plan shall be submitted to the Department, and the Contractor shall incorporate such comments as the Department may reasonably request. Safety Plan shall address, among other things, all safety requirements related to working in the current COVID-19 environment.

C.2.3.1 Safety Barriers/Fences. As part of its responsibility for Project safety, the Contractor shall install such fences and barriers as may be necessary. The Contractor shall develop a plan that describes the proposed separation and the specific nature of the fences and barriers that will be used. This plan will be submitted to the Department for their review and approval prior to the commencement of construction, and the Project Manager shall have five (5) business days to review such plan. Once such a plan has been approved, the Contractor shall comply with it at all times during construction. The Contractor shall be required to revise the plan as may be reasonably requested by the Department. The cost of revising and complying with the revised plan shall not entitle the Contractor to an increase in the Lump Sum Price.

C.2.3.2 Site Security. The Contractor shall be responsible for site security and shall be required to provide such watchmen as are necessary to protect the site from unwanted intrusion.

C.2.3.3 Exculpation. The right of the Department to comment on the Safety Plan and the nature and location of the required fences and barriers shall in no way absolve the Contractor from the obligation to maintain a safe site.

C.2.4 Site Logistics Plan. Prior to the start of construction activities, the Contractor shall prepare a Site Logistics Plan. The Site Logistics Plan shall address: (i) the manner in which the Contractor intends to organize the site; (ii) the location and description of site fences and other safety barricades intended to prevent the public from entering the site; (iii) the location of construction entrances and wheel washing stations; and (iv) parking restrictions and procedures that will apply to the employees of Contractor and its Subcontractors. The Contractor’s storage/laydown area will be limited to the limits of disturbances shown on the Drawings and Specifications.

C.2.5 Potential Subcontractors and Suppliers. The Contractor shall include with its bid a list of the significant subcontractors that the Contractor intends to engage to perform the work. Within seven (7) days after the issuance of a Notice to Proceed, the Contractor shall furnish to the Department and its Project Manager a list of the subcontractors and suppliers that will work on this Project as well as a general description of each such subcontractor’s scope of work. Within five (5) business days after such list is submitted, the Project Manager shall advise the Contractor if it has any objection to any of the listed subcontractors or suppliers. In the event the Project Manager has a reasonable objection to any such subcontractor or supplier, the Parties shall discuss such objection and agree on an appropriate course of action. To the extent the Department rejects a subcontractor that was disclosed in the bid, the Contractor shall be entitled to an appropriate equitable adjustment because of such disapproval.

C.2.6 Preconstruction Phase Deliverables. The following deliverables are required during the Preconstruction Phase:

1. Detailed Schedule (Section C.2.1).

2. Safety Plan (Section C.2.3).

3. Site Logistics Plan (Section C.2.4).

4. List of Subcontractors and Suppliers (Section C.2.5).

C.2.3.1 Site Security. Reserved.

C.3 Construction Phase

The Construction Phase shall commence when the Department issues a written Notice to Proceed for Construction. The Contractor shall construct the work described on the SOW and Drawings and Specifications including any work that is not specifically shown thereon but is reasonably inferable therefrom or necessary for a fully functioning Project. The Work shall be carried out in a good and workmanlike, first-class manner, and in timely fashion. All materials and equipment to be incorporated into the Project shall be new and previously unused, unless otherwise specified, and shall be free of manufacturing or other defects. On or before the dates specified in the approved detailed schedule, the Contractor shall submit any necessary construction phase information (i.e. shop drawings, submittals, sketches, etc.) to the Architect/Engineer and/or Project Manager for his review and approval. Unless a different timeframe is established in the approved baseline schedule, the Architect/Engineer and/or the Project Manager shall have twenty-one (21) business days to review such documents. In the event the Project Manager finds such documents to be unacceptable, the Contractor shall be required to revise and resubmit such documents. Any delays that result from any construction phase submittal resubmissions shall be considered Non- Excusable.

C.3.1 Supervision & Coordination. The Contractor will be required to properly supervise and coordinate its work. At a minimum, it is envisioned that the Contractor will be required to undertake the following tasks:

1. Participate and assist in Project/Planning meetings.

2. Maintain full-time on-site construction supervision and provide daily inspections, quality control, monitoring, coordination of various trades, record drawings, and daily work log.

3. Coordinate work with any on-site personnel to ensure that their activities are not adversely affected.

4. Conduct periodic progress meetings following a Contractor generated agenda with the

Project Manager.

5. Provide general safety signage and posting for the project and see that each subcontractor prepares and submits adequate safety program and monitoring throughout the Project.

6. Obtain all job permits and approvals from the DOB that are required to perform and complete the Work, unless otherwise noted herein.

7. Prepare payment requests, verify accuracy, and forward to Department for approval and payment.

8. Assemble required close-out documents.

9. Provide assistance to the Department through all applicable warranty periods.

10. Coordinate its work with all third parties so as not to delay the critical path of the

Project.

11. Prepare and submit to the Department construction meeting minutes, progress meeting minutes, daily logs, inspection reports, preliminary and baseline schedules, (Primavera format) and schedule updates demonstrating the critical path of the Project (Primavera format).

C.3.2 CBE Subcontractors. The Contractor shall not substitute or replace any Subcontractor or supplier certified by the District of Columbia Department of Small and Local Business Development (“DSLBD”) without the Department's prior written consent.

C.3.3 Site Observations. The Contractor will be required to visit the site, become familiar with local conditions under which the work is to be performed and correlate personal observations with requirements of the Drawings and Specifications. The Contractor shall carefully study and compare the Drawings and Specifications with each other and with information furnished by the Department. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Drawings and Specifications; and (3) promptly report errors, inconsistencies or omissions discovered to the Department. Once work is started, the Contractor assumes the responsibility and costs for the work and the cost of correcting work previously installed.

C.3.4 Warranty of the Construction Work. The Contractor warrants to the Department that materials and equipment furnished under the Contract will be of good quality and new unless otherwise expressly permitted in writing, and that for the one (1) year period following the Substantial Completion Date the construction work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the Construction Documents and/or any approved design documents. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. The Contractor and a representative of the Department shall walk the Project together eleven (11) months after the Substantial Completion Date to identify any necessary warranty work. In the event the Contractor fails to schedule such a walk, the Warranty period shall be extended until such time as the Contractor schedules such a walk.

C.3.5 Extent of Responsibility and Site Conditions. The Contractor shall be entitled to an equitable adjustment in accordance with the Standard Contract Provisions for differing site conditions only to the extent that: (i) such conditions could not have been discovered by a competent visual inspection of the site, are of unusual nature, and differ materially from those ordinarily encountered and generally recognized as inhering to work of the character provided for in the Contract; or (ii) with regard to subsurface conditions on or adjacent to the Project site, such subsurface conditions differ materially from those indicated in the geotechnical reports (such circumstances, “Differing Site Conditions”). Prior to commencing construction, the Contractor shall be required to conduct a thorough review of the Project site and the surrounding area and shall document its findings. In the event the Contractor fails to undertake and document such a thorough review, the Contractor shall be deemed to have known of those conditions which a thorough review would have detected. Any Change Request related to Differing Site Conditions shall be made pursuant to the Standard Contract Provisions for Construction Contracts (Attachment J).

C.3.6 Unsafe Materials and Hazardous Materials

C.3.6.1 The Contractor shall abate and legally dispose of any Hazardous Materials in the demolished facility, in accordance with EPA and all jurisdictional agencies’ rules and regulations.

The Contractor shall be responsible for all interior and exterior demolition, as required.

C.3.6.2 The Contractor shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Contractor believes that anything in the Contract would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding.

C.3.6.3 The Contractor’s SOW includes the abatement and removal of hazardous materials found within the existing building. In performing such work, the Contractor shall comply with all laws, including, without limitation, the requirements of the Environmental Protection Agency (“EPA”) and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of hazardous materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the hazardous materials. If any notices to governmental authorities are required, the Contractor shall also give those notices at the appropriate times. The Contractor shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Contractor shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three

(3) years after Substantial Completion of the Project. The Contractor’s obligations under this paragraph shall include signing (as the agent for the Department) any manifests required for the disposal of hazardous materials.

C.3.6.4 If Hazardous Materials beyond those identified in the hazmat report are discovered on the site, the Contractor shall immediately inform the Project Manager and the Department of such discovery. In such an event, the Contractor shall be entitled to an equitable adjustment in accordance with the Standard Contract Provisions for Construction Contracts (Attachment J) for any Hazardous Materials abatement and disposal work. The Contractor shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

C.3.7 Progress Meetings. The Contractor shall schedule and conduct at a minimum bi-weekly progress meeting at which the Department, the Project Manager , the Contractor, and appropriate Subcontractors can discuss the status of the Work. The Contractor shall prepare and promptly distribute meeting minutes.

C.3.8 Written Reports. The Contractor shall provide written reports to the Project Manager on the progress of the entire Work in accordance at least every other week, including, but not limited to, a baseline schedule and schedule updates with narrative demonstrating the critical path of the Project in Primavera format. The Contractor shall also maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, major equipment on the site, Work accomplished, problems encountered and other similar relevant data as the Department may reasonably require. The log shall be available to the Department, the Field Superintendent and the Project Manager and monthly a copy of the log shall be submitted to the Department.

C.3.9 Work by Separate Contractors. The Department reserves the right to perform construction or operations related to the Project with the Department’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site.

C.3.10 Site Safety and Clean-Up. The Contractor will be required to: (i) provide a safe and efficient site, with controlled access, including the installation and provision of such safety barricades, enclosures and overhead protection as may reasonably be required by the Department and as may be necessary to ensure a safe workplace or as may be required by Occupational Safety and Health Administration (“OSHA”) or other applicable law, including but not limited to any COVID-19 related laws, orders, or regulations and to remove such at the end of the Work and leave the site in broom clean condition; and (ii) be responsible for the security of its tools, equipment and materials that are stored at the site. The Contractor shall be responsible for the removal and legal disposal of all construction debris.

C.3.11 Close-out. The Contractor shall be required to prepare and submit at close-out a complete set of product files, including but not limited to: (i) QC/QA reports, daily reports, and test reports; (ii) a complete set of product manuals (O&M), training videos, and warranties; (iii) as-built record drawings; (iv) environmental, health, and safety documents; and (v) all applicable inspection certificates/permits. The Contractor shall also provide the Department with any shop drawings prepared by the Contractor or its subcontractors along with any other documentation that may reasonably be requested by the Department or its Project Manager .

C.3.12 Cutting and Patching. The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, and patching shall be restored to the condition existing prior to the cutting, fitting, and patching. The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Department or separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation.

C.3.13 Salvaging and Storing.

The Contractor shall be responsible for salvaging and storing all items identified by the Department in accordance with all applicable District laws and regulations. After the items have been secured, the Contractor shall notify the Department and request permission to proceed with the Project.

C.3.14 Manufacturers’ Warranties

C.3.14.1 The Contractor warrants that all manufacturers’ or other warranties on all labor, materials and equipment furnished by the Contractor or a Subcontractor or supplier shall run directly to or will be specifically assigned to Department on demand or upon Project completion without demand. In the event any issue or defect which would be covered by any warranty arises but is not addressed by the grantor of the warranty, the Contractor shall be required to act as the guarantor of the obligations under the warranty and to perform under the terms of the warranty.

C.3.14.2 The Contractor warrants that the installation of all materials and equipment shall be in strict accordance with the manufacturers’ requirements or specifications.

C.3.15 Schedule Updates. The Contractor shall submit bi-weekly schedule updates which shall reflect actual conditions of Project progress as of the date of the update. The update shall reflect the actual progress of construction, identify developing delays, regardless of their cause, and reflect the Contractor’s best projection of the actual date by which Substantial Completion and Final Completion of the Project will be achieved. Via a narrative statement (not merely a critical path method schedule), the Contractor shall identify the causes of any potential delay and state what, in the Contractor's judgment, must be done to avoid or reduce that delay. The Contractor shall point out, in its narrative, changes that have occurred since the last update, including those related to major changes in the scope of work, activities modified since the last update, revised projections of durations, progress and completion, revisions to the schedule logic or assumptions, and other relevant changes. Any significant variance from the previous schedule or update shall also be identified in a narrative, together with the reasons for the variance and its impact on Project completion. All schedule updates shall be in Primavera 6 format. The Department may make reasonable requests during the Project for changes to the format or for further explanation of information provided. Submission of updates showing that Substantial Completion or Final Completion of the Project will be achieved later than the applicable scheduled completion date shall not constitute requests for extension of time and shall not operate to change the scheduled completion date. The Department’s receipt of, and lack of objection to, any schedule update showing Substantial Completion or Final Completion later than the dates agreed upon in the Project Schedule shall not be regarded as the Department’s agreement that the Contractor may have an extension of time, or as a waiver of any of the Department’s rights, but merely as the Contractor’s representation that, as a matter of fact, Substantial Completion or Final Completion of the Project may not be completed by the agreed upon date in the Project Schedule.

Changes to the scheduled completion dates may be made only in the circumstances and only by the methods set forth in the Contract.

C.5 Administrative Matters

C.5.1 Use of Department’s Electronic Project Management Information System (“PMIS”).

Awarded Contractor shall utilize the Department’s PMIS to create, manage and/or submit any and all documentation required to be provided by the vendor during the course of the Project, including, but not limited to: (i) requests for information; (ii) submittals; (iii) potential change orders; (iv) meeting minutes; (v) pencil copy invoices; (vi) drawings and specifications; (vii) punch list; and (viii) other documents as may be designated by the Department.

C.5.2 Liquidated Damages. If the Contractor fails to achieve Substantial Completion by the Substantial Completion Date, the Parties acknowledge and agree that the actual damage to the Department for the delay will be impossible to determine, and in lieu thereof, the Contractor shall pay to the Department, as fixed, agreed and liquidated delay damages in the amount of Two hundred and fifty Dollars ($250.00) per day for each calendar day of delay for failure to meet the Substantial Completion Date. The Contractor and the Department agree that the liquidated damages do not constitute, and shall not be deemed, a penalty but represent a reasonable approximation of the damages to the Department associated with a delay in the Project.

C.5.3 Compensation. The Contractor shall be paid its compensation in a series of progress payments and a final payment. Progress payments shall be based on a Schedule of Values that is agreed upon by the Parties as well as the Project Manager’s good faith estimate of the level of completion for each component of the Schedule of Values. Contractor shall prepare the Schedule of Values which breaks down the Lump Sum Price for the various parts of the Work.

The Schedule of Values shall be maintained in such a manner to provide a breakdown of the Lump Sum Price in enough detail to facilitate continued evaluation of applications for payment and progress reports. Large subcontracts shall be broken into several line items where, in the reasonable opinion of the Project Manager , such detail is necessary to properly track the progress of the Work. The proposed schedule of values shall also include separate line items for each part of the Work if so, required by the Project Manager . The Contractor and the Project Manager shall meet as necessary to maintain the schedule of values for the Project in a manner acceptable to the Project Manager . No progress payments shall be made unless the then current Schedule of Values is acceptable to the Project Manager . Contractor to provide an updated and cost loaded schedule with each pay application submission.

C.6 DCRA Building Permit Fees

The permit drawings and specifications are exactly the same as the Drawings and Specifications included as Attachment B. The building permit will be provided by the Contractor. In addition, the Contractor is responsible for all trade permits that applies to this project.

C.7 Site Demolition and Site Preparation

Reserved

C.8 Key Personnel

The Contractor’s personnel should have the necessary experience and licenses to perform the required work. Toward that end, Bidders should include within the bid, a list with description of the staff available to perform this work and their qualifications.

The list of Key Personnel shall include, at a minimum, the following individuals: (i) the Field Superintendent; and (ii) the Project Manager; who will be responsible for the Project.

The Contractor will not be permitted to reassign any of the Key Personnel unless the Department approves the proposed reassignment and the proposed replacement. A list of the Key Personnel shall be attached to the Contract that results from this IFB.

All Work must be executed during the normal business hours. No additional payment will be allowed to the contractor for their work during after hours, weekends, and holidays. Therefore, the Bidders are encouraged to consider this cost in their quotations.

C.9 Risks Assumed by the Contractor

By submitting a bid, the Bidders shall be deemed to have thoroughly examined the terms of this IFB, the Drawings and Specifications and shall constitute its acknowledgement that it has been provided with an opportunity to visit the Project site and that such Bidder has had the opportunity to become familiar with local conditions under which the work is to be performed. Further, in submitting any such bid, the Bidder shall be deemed to represent that it has satisfied itself that it can undertake the work for the state cost. Among other things, by submitting a bid, the Bidder assumes the following risks: (1) the nature of the land and subsoil unless such conditions constitute a Differing Site Condition; (2) the form and nature of the site and surrounding areas; (3) details and levels of existing pipe lines, conduits, sewers, drains, cables or other existing services; (4) the quantities, nature and availability of the materials, tools, equipment and labor necessary for the completion of the work; (5) the means of access to the site and any accommodation that may be required; (6) uncertainties of weather and physical conditions at the site; and in general to have itself obtained all necessary information as to risk contingencies, climatic, hydrological and natural conditions and other circumstances which may influence or affect his performance of the work.

C.10 Pre-Construction Deliverables.

1. Kick of meeting

2. Initial baseline schedule

3. Required Submittals

4. Long lead item list

5. Logistic plan

C.10.1 Construction Phase Deliverables.

6. Progress Meeting Minutes (Section C.3.7).

7. Progress Reports (Section C.3.8).

8. Close Out Documents (Section C.3.11).

9. Copy of Manufacturer Warranties (Section C.3.15).

10. Bi-Weekly Schedule Updates (Section C.3.16).

C.11 DEFINITIONS

C.11.1 Change Directive. A written directive signed and issued by the Department’s Contracting

Officer (“CO”) ordering the Contractor either to provide pricing and schedule impact information for a described change to the work or to proceed with a described change and provide pricing and schedule impact information after beginning the changed work.

C.11.2 Change Event. Any condition, event, act, omission, or breach, other than the issuance of a Change Directive, which the Contractor believes entitles it to a change in the Lump Sum Price, or the Substantial or Final Completion date(s).

C.11.3 Change Order/Contract Modification. A written document, executed by the Department’s CO and the Contractor, setting forth the agreed terms upon which a change to the Contract has been made.

C.11.4 Contract. The entire, integrated agreement between the Department and the Contractor with respect to the Project, consisting of this IFB, the Attachments to the IFB, the Construction Documents released for the Contractor’s use and any Change Directives or Change Orders/Contract Modifications that have been executed by the Department’s CO.

C.11.5 Contract Documents. The final documents comprising the Contract, as prepared in accordance with the law, including, but not limited to those documents requiring review and approval by the Council of the District of Columbia (the “Council”).

C.11.6 Drawings. Graphic and pictorial portions of the Contract Documents, wherever located and wherever issued, showing the design, locations, and dimensions of the work, generally including plans, elevations, sections, details, schedules, and diagrams.

C.11.7 Final Completion. The point at which Substantial Completion has been achieved, all punch list items noted at Substantial Completion have been completed with the Department’s approval and sign-off and all documents the Contractor is required to deliver to the Department as a condition to receiving final payment have been delivered. These may include, as applicable, but are not limited to, a final Certificate of Occupancy for the Project from the District of Columbia, and final lien releases from the Contractor and Subcontractors and material suppliers. Contractor shall cause all representations, warranties, and guarantees to be honored, and otherwise fulfill all the requirements set forth in the Contract.

C.11.8 Reserved.

C.11.9 Hazardous Material. Any toxic substance or hazardous chemical defined or regulated pursuant to federal, state or local laws relating to pollution, treatment, storage or disposal of waste, or protection of human health or the environment. Such laws include, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Clean Air Act and laws relating to emission, spills, leaks, discharges, releases or threatened releases of toxic material. The term Hazardous Materials shall also include petroleum and petroleum bi-products.

C.11.10 Hazardous Material Remediation. Hazardous material remediation shall mean the work performed to remove, treat and/or dispose of Hazardous Material.

C.11.11 Notice to Proceed. A written notice to proceed, signed by the Department’s CO, directing the Contractor to proceed with the Project or any portion of the Project.

C.11.12 Project Schedule. The schedule for the pproject agreed to by the Project Manager and the

Contractor herein. Such schedule shall not be changed except by a Change Order or Change Directive issued by the Department. The schedule shall be in a form and contain such detail as may be agreed upon by the Parties.

C.11.13 Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work, and performance of related services.

C.11.14 Subcontractor. Any person, natural or legal, to whom the Contractor delegates performance of any portion of the work required by the Contract. The term “Subcontractor,” used without a qualifier, shall mean a subcontractor in direct privity with the Contractor.

Subcontractors at all tiers” shall mean not only those Subcontractors in direct privity with the Contractor, but also those performing work pursuant to sub-subcontracts, sub-sub-subcontracts, and so on. “Subcontractors” shall include both those who are retained to perform labor only and those who are retained both to perform labor and to supply material or equipment. Subcontractors” shall also include design professionals who are not the Contractor’s employees and to whom the Contractor delegates any part of its responsibilities under the Contract, except that references to “trade Subcontractors” shall exclude design professionals.

C.11.15 Substantial Completion Date. The date established herein by which the Contractor shall achieve Substantial Completion. In order for the Contractor to achieve Substantial Completion, the District must be able to receive a Certificate of Occupancy (C of O). The Substantial Completion Date may be modified only by Change Order/Contract Modification or Change Directive issued by the Department’s CO in accordance with the Contract.

C.12 ACCELERATION

Subject to the terms of this Section, the Department shall have the right to direct the Contractor to accelerate the work if, in the reasonable judgment of Department, the Contractor fails to: (i) supply a sufficiency of workers or to deliver the materials or equipment with such promptness as to prevent the delay in the progress of the work; or (ii) the progress of the work materially falls behind the projections contained in the then currently approved Project Schedule. In the event that the Department or its Project Manager determine that either of the events specified in the preceding sentence have occurred, the Department shall provide the Contractor with written notice of such event and the Contractor shall be required to provide the Department with a corrective action plan that is reasonably designed to address the concerns raised in such notice within three

(3) days after receipt of such notice. If the Department and the Contractor are unable to agree on the terms of such corrective action plan within five (5) days after the issuance of the notice (i.e. with forty eight (48) hours after the receipt of the proposed corrective action plan), the Department shall have the right to direct such acceleration as the Department, in its reasonable judgment, deems necessary. Provided the notice provisions of this Section are complied with, the cost of any acceleration directed under this Section shall not justify an adjustment to the Lump Sum Price or the Substantial Completion Date. The Contractor hereby ackn wledges that this provision is a material inducement upon which the Department has relied in entering into the Contract; and represents and warrants that it has included sufficient funding in its Lump Sum Price in order to comply with the requirements of this Section.

C.13 WALK-THROUGH INSPECTION

At the achievement of Substantial Completion, the DGS Project Manager shall perform a walk-through inspection in the presence of the Contractor. The Contractor shall prepare a written report stating any deficiencies found during the walk-through, identify the responsible parties, and ensure that all the deficiencies are corrected by the Contractor prior to demobilization. The Contractor shall not demobilize from the site until receiving written notice, in writing, from the DGS Project Manager the deficiencies have been corrected to the DGS Project Manager ’s satisfaction.

C.14 LICENSING, ACCREDITATION AND REGISTRATION

The Contractor and all its subcontractors and subconsultants (regardless of tier) shall comply with all applicable District of Columbia, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of the Contract.

C.15 CONFORMANCE WITH LAWS

It shall be the responsibility of the Contractor to perform the Contract in conformance with the Department’s Procurement Regulations (27 DCMR § 4700 et seq.) and all statutes, laws, codes, ordinances, regulations, rules, requirements and orders of governmental bodies, including, without limitation, the U.S. Government and the District of Columbia government; and it is the sole responsibility of the Contractor to determine the Department’s procurement regulations, statutes, laws, codes, ordinances, regulations, rules, requirements and orders that apply and their effect on the Contractor’s obligations thereunder.

SECTION D

PACKAGING AND MARKING

[Reserved – Intentionally Omitted]

SECTION E

INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for the Contract shall be governed by Article 11 of the Government of the District of Columbia Department of General Services Standard Contract Provisions for Construction Contracts (Attachment J).

SECTION F

PERIOD OF PERFORMANCE

F.1 TERM OF CONTRACT

The term of the Contract shall be from the date of the CO’s execution through May 23, 2025 (“Substantial Completion Date”). Final Completion shall be no later than June 23, 2025 (“Final Completion Date”).

F.1.1 Substantial Completion Date. The Project shall be substantially complete no later than May 23, 2025, following the CO’s execution of the Contract. For purposes of this requirement, the term “Substantially Complete” shall mean that all of the following have occurred: (1) the work has been completed with only minor punchlist items remaining to be completed; (2) any and all required permits or approvals related to the work have been obtained; (3) all operating and maintenance manuals, training videotapes and warranties required by the Contract have been delivered to the Department; (4) any supplemental training session required by the Contract for operating or maintenance personnel have been completed; (5) all clean-up required by the Contract has been completed; and (6) the Project is ready for the Department to use it for its intended purpose. “Minor punch list items” are defined for this purpose as items that, in the aggregate, can be completed within thirty (30) days without interfering with the Department's normal use of the Project.

F.1.2 Final Completion Date. The Final Completion Date is required by no later than June 23, 2025. Final Completion shall mean the point at which Substantial Completion has been achieved, all punch list items noted at…