DCAM-25-CS-RFQ-0011_-_Public_Utility_Design_Installation_Infrastructure.pdf

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

REQUEST FOR QUALIFICATIONS

FOR

PUBLIC UTILITY DESIGN, INSTALLATION, AND INFRASTRUCTURE

IMPROVEMENTS

Solicitation Number: DCAM-25-CS-RFQ-0011

This solicitation is designated only for certified small business enterprise (“SBE”) contractors under the provisions of the “Small and Certified Business Enterprise

Development and Assistance Act of 2014”, D.C. Official Code § 2-218.01 et seq., as amended.

ONLY contractors that are certified by the District of Columbia Department of Small and

Local Business Development (“DSLBD”) as a SBE are eligible.

Date Issued: August 6, 2025

Project Information Meeting: August 13, 2025, at 11:00 A.M.

See Section E.6

Join the meeting now

Questions Due Date: August 19, 2025, at 2:00 P.M.

See Section E.5

SOQ Delivery Date: September 5, 2025, at 2:00 P.M.

See Sections E.2 and E.3

Contact: Concillia Mpofu

Contracts & Procurement Division

Department of General Services

3924 Minnesota Avenue, NE, 5th Floor

Washington, DC 20019 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzlhMzMwZGQtY2E4Yy00NzA4LTg2ODEtNTE4NDBkNTFmOTRk%40thread.v2/0?context=%7b%22Tid%22%3a%228fe449f1-8b94-4fb7-9906-6f939da82d73%22%2c%22Oid%22%3a%224680b628-a7d1-4871-a957-9b94ea4de917%22%7d

Executive Summary

The District of Columbia Department of General Services (“District”, “Department” or “DGS”) is issuing this Request for Qualifications (“RFQ”) to solicit Statements of Qualifications (“SOQ(s)”) from those entities (“Offeror(s)”) interested in performing public utility design, installation and infrastructure improvements, for various District of Columbia owned properties within the DGS construction portfolio (“Project Locations”). As is more fully described below, such work may include, but is not limited to, public utility design, installation, and infrastructure improvements, and other miscellaneous work as may be necessary. The contractor(s) selected under this procurement (the “Contractor(s)”) should be capable of self-performing 50% of the Scope of work with its own in-house personnel efforts such as:

- Design and implementation of Dry Utilities (communications, duct banks, conduits, tapholes, vault structures, manholes, electrical duct bank installation, site work and grading)

- Wet Utilities (water lines, storm water management systems, sanitary lines, wastewater, drainage)

- Surface Improvements (roadways and parking lots, curb and gutters, sidewalk, green infrastructure – porous pavement)

- Specialty Civil Works (trenchless rehabilitation, pavement markings, crack sealing, joint sealing)

The contract work may also include, from time to time, projects that need to be completed quickly;

these would primarily be in response to emergency situations such as vandalism, structural failures, or other life safety issues. It is contemplated that the work required for the Project Locations will be further detailed and released through competitive Task Order Agreements issued pursuant to indefinite delivery/indefinite quantity (“IDIQ”) type contracts or Basic Ordering Agreements

(“BOA(s)”), which will be awarded through this procurement.

The Department is seeking Contractors that have utility and infrastructure related experience and staff resources to perform public utility design, installation and infrastructure improvement projects in a time-sensitive environment.

Offeror’s (“Offeror(s)”) Statement of Qualifications (“SOQs”) must meet all requirements established by this RFQ and all Offerors must hold the applicable license requirements as determined by the District’s Department of Licensing and Consumer Protection (“DLCP”).

Failure to meet an RFQ requirement may render an Offeror’s SOQ non-responsive while the extent to which an Offeror meets or exceeds evaluation criteria will be rated by the Department’s evaluation team (“Evaluation Team”) and be reflective of the Department’s Evaluation Team’s scoring of Offeror’s SOQs Submissions.

A.1. Project Delivery Method

A.1.1 The goal of this RFQ is to establish a list of qualified Contractors to compete for performing public utility design, installation and infrastructure improvements, for various District of

Columbia owned properties within the DGS construction portfolio (“Project Locations”), work on an as-needed basis as may be requested for projects across the Department of

General Services’ portfolio of properties. Each such Contractor will be required to enter into a BOA that will set forth the general terms and conditions of the process as well as establish the method by which Task Order Agreements (“Task Order Agreement(s)”) for specific work will be competed and awarded. Offerors should note, however, that the BOA will not authorize any specific work or constitute a guarantee that any work will be assigned to a Contractor. All work will be awarded and released through individual project

Task Order Agreements.

A.1.2 The Form of the BOA (“Form of Contract”) is included here as Attachment G to be issued via an addendum). Offerors should carefully review the Form of Contract when submitting their SOQ Submission. Offerors should note, however, that the Form of Contract will not authorize any specific work or constitute a guarantee that any work will be assigned to a

Contractor. To the extent there are any inconsistencies between this RFQ and the Form of

Contract, the Form of Contract shall prevail. Offerors are further advised that they are required to submit their SOQ Submissions premised upon entering into a contract that is substantially similar to the Form of Contract and that any proposed changes to the Form of

Contract must be clearly identified and described in their SOQ Submission.

A.1.3 The term of the BOAs will be for a period of one (1) base year with an option to extend for four (4) additional one (1) year option periods.

A.1.4 Section B below provides more detail; however, work will be assigned as follows: As projects are identified and funded by the Department, a narrative scope of work will be drafted for each such project. Typically, the narrative scope of work will include complete drawings (if available), and as such, selected pre-qualified Contractors should be prepared to complete the work as further described in the applicable Request for Task Order

Proposal (“RFTOP”). The narrative scope of work will be issued to three (3) or more of the Contractors and each of those Contractors will be provided with an opportunity to walk the project with the Department’s representatives in order to better understand and clarify the work. Each such Contractor will then be required to submit a lump sum price, and/or such other type of compensation requested by the Department for the proposed work.

A.2.1 Contract Documents

As stated, the resulting contract(s) will be a BOA, included here as Attachment G. The

DGS Standard Contract Provisions for Construction Contracts and the DGS Standard

Contract Provisions for Architectural and Engineering Services Contracts, included here as Attachment C1 and C2 respectively; and such other exhibits and attachments as are incorporated into the RFQ will also be included with the BOA (all such documents are referred to as “Contract Documents”).

A.2.2 Attachments

The following attachments are specifically made a part of, and incorporated into, this

RFQ:

Attachment A Past Performance Evaluation Form

Attachment B Tax Affidavit

Attachment C1 DGS Standard Contract Provisions – Construction Contracts

Attachment C2 DGS Standard Contract Provisions – Architectural and Engineering

Attachment D Bidder-Offeror Certification

Attachment E 2025 Living Wage Act Notice and Fact Sheet

Attachment F EEO Policy Statement

Attachment G Form of Contract (Basic Ordering Agreement) to be issued via an addendum

Attachment H Conflict of Interest Disclosure Statement

Attachment I SBE Subcontracting Plan

Attachment J Campaign Finance Reform Act Form

Attachment K Davis-Bacon Act Wage Determination and 29 CFR 5.5 Davis

Bacon Provision

Attachment L DGS Turnover Manual

A.3 Contractor’s Compensation

The BOA shall merely set forth the basic parameters of the program and shall not constitute a guarantee that any work shall be forthcoming. All work will be authorized and released by project-specific Task Order Agreements. The specific method of compensation will be specified in the RFTOP. As such and absent specific instructions to the contrary, proposed Task Order pricing shall be “all inclusive” and should include sufficient funding to cover all of the Contractor’s costs necessary to complete the particular project, including, but not limited to, profit, home and field office overhead, supervision, labor, materials, equipment, bonds, insurance and such professional services as may be required to complete the design and obtain the necessary permits.

A.4 Limitations

A.4.1 Minimum Order: The minimum order for the awardees will be in an amount of $50.00 during the base year and each option year period.

A.4.2 Maximum Order: The maximum aggregate value of all Task Order Agreements issued to a single Contractor shall not exceed $20,000,000.00 per base year and each option year pursuant to the BOA.

A.5 Selection Criteria

SOQ Submissions will be evaluated in accordance with Part D of this RFQ. The following evaluation criteria will be used:

a) Past Performance, Experience & References (25 points)

b) Key Personnel (25 points)

c) Project Management Plan (25 points)

d) Capacity (25 points)

e) Certified Business Enterprise Preference points (Up to 12 points)

A.6 Conflict of Interest

The Department reserves the right, in its sole discretion, to make determinations relative to potential conflicts of interest on a project specific basis. The Offeror shall submit the

Conflict of Interest Disclosure Statement with their SOQ Attachment H.

SECTION B SCOPE OF WORK

B.1 Contractor’s Scope of Work. As authorized via competitively awarded Task Order

Agreements, the selected, pre-qualified Contractors shall compete for public utility design, installation and infrastructure improvements, for various District of Columbia owned properties within the DGS construction portfolio (“Project Locations”), and other miscellaneous work on an as-needed basis as may be requested for various Project Locations. Such work may include, but is not limited to:

a) Design and implementation of Dry Utilities (communications, duct banks, conduits, tapholes, vault structures, manholes, electrical duct bank installation, site work, and grading)

b) Wet Utilities (water lines, storm water management systems, sanitary lines, wastewater, drainage)

c) Surface Improvements (roadways and parking lots, curb and gutters, sidewalk, green infrastructure – porous pavement)

d) Specialty Civil Works (trenchless rehabilitation, pavement markings, crack sealing, joint sealing)

B.1.2 Central Office. During the Term of the BOA, the Contractor shall maintain a central office that is staffed between the hours of 7am – 5pm Monday through Friday. This office will be used to manage work associated with the BOA. A separate office does not need to be established, and it is acceptable if the Contractor elects to manage its staff assigned to projects from its current office. The office should be equipped with telephone lines, a fax machine, email, access to the internet and such other equipment and supplies as are necessary to fulfill the work required under the BOA.

B.1.3 Working Hours. The Contractor shall be required to coordinate with the assigned

Program Manager each individual project awarded via Task Order Agreement. The work may be performed during normal business hours; however, the Contractor may be required to work after hours or on weekend and holidays so as to not adversely impact the work of the District of

Columbia employees/and or Contractors. The Contractor shall be required to develop work plans that are coordinated with, and acceptable to, the Program Manager.

B.1.4 Relationships of Parties. The Contractor accepts the relationship of trust and confidence established with the Department by this Agreement, and contracts with the Department to furnish the reasonable skill and judgment and to cooperate with the COTR and Project Manager in furthering the interests of the Department. The Contractor shall use its best efforts to perform the required services in an expeditious and economical manner consistent with the interests of the

Department. The Department shall endeavor to promote harmony and cooperation among the

Department, the Contractor, PM, and other persons or entities employed by the Department for the

Project.

B.1.4.1 Contracting Officer(s). The Contracting Officer(s) (“CO(s)”) for this Contract are:

James H. Marshall

Contracting Officer

Department of General Services

3924 Minnesota Avenue NE, 5th Floor

Washington, DC 20019

Office: 202.664-0416

Email: james.marshall@dc.gov

Eric Njonjo

Deputy Chief Procurement Officer

Department of General Services

3924 Minnesota Avenue NE, 5th Floor

Email: eric.njonjo@dc.gov

B.1.4.2 Authorized Changes by the CO

a) The CO is the only person authorized to approve changes in any of the pricing, cost, or requirements of this contract.

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

c) 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.

B.1.4.3 Contracting Officer’s Technical Representative

The COTR is responsible for general administration of the contract and advising the Contracting

Officer (“CO”) as to the Contractor’s compliance or noncompliance with the contract. The COTR has the 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:

B.1.4.3.1 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;

B.1.4.3.2 Coordinating site entry for Contractor personnel, if applicable;

B.1.4.3.3 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;

B.1.4.3.4 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

District’s payment provisions; and

B.1.4.3.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, equipment) and invoice or vouchers.

B.1.5.1 The address and telephone number of the COTR is:

Renee Holmes

Executive Program Manager/COTR

3924 Minnesota Avenue, NE 5th Floor

Email: renee.holmes@dc.gov

B.1.5.1.1 The COTR shall NOT have the authority to:

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

b) Grant deviations from or waive any of the terms and conditions of the contract;

c) Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract,

d) Authorize the expenditure of funds by the Contractor;

e) Change the period of performance; or

f) Authorize the use of District property, except as specified under the contract.

B.1.5.1.2 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 District, to take all corrective action necessitated by reason of the unauthorized changes.

B.1.6 Project Manager. The COTR may assign a PM to provide certain project management functions on behalf of the COTR. The PM shall, at all times, act solely for the benefit of the

Department, not the A/E. Although day-to-day communications with the A/E shall be routed through the PM, only the individual(s) specified as Contracting Officer(s) in Section 1.3.1 shall have the authority to alter the terms of this Contract. Thus, the Contractor hereby acknowledges and agrees that only a duly authorized Contracting Officer has the authority to issue Change

Orders, Contract Modifications or Change Directives on the Department’s behalf. Without limiting the generality of the foregoing, it is understood and agreed that the Project Manager shall not have the authority to alter or modify the terms of the Contract, including but not limited to increasing the fee or the not-to-exceed amount established under this Contract.

B.2 Competitive Bidding.

B.2.1 For each project identified and funded by the Department to be competed among selected pre-qualified Contractors that entered into a BOA pursuant to the RFQ, the Department will develop a scope of work and solicit competitive proposals from the Contractor’s via RFTOPs. The scope of work will be issued to three (3) or more of the Contractors, and in most cases, each of those Contractors will be provided with an opportunity to walk the project with the Department’s representatives in order to better understand and clarify the work.

B.2.2 The Department contemplates that the scopes of work that will be issued to Contractors during the bidding phase will not include complete drawings. The parties acknowledge and agree that Contractors may be required to complete work on a design-build or design-assist basis or any such other method as described in the RFTOPs.

B.2.3 Each Contractor will be required to submit, within the time allotted by the Department in the RFTOP, a lump sum price or such other pricing as may be requested by the Department for the proposed work (such price, “Task Order Price”). Absent specific instructions to the contrary, proposed Task Order pricing should be “all inclusive” and should include sufficient funding to cover all of the Contractor’s costs necessary to complete the project, including, but not limited to, profit, home and field office overhead, supervision, labor, materials, equipment, bonds, insurance and such any other professional services as may be required to complete the design, other type of work or to obtain the necessary permits. The Contractor shall be responsible for using the then-current Davis-Bacon wage determination and/or Service Contract Act wages (as applicable) when developing its pricing for any given project.

B.2.4 The Department will select the Contractor to be awarded each such project primarily based on price, but the Department reserves the right to consider non-price factors when making such decisions and will also consider differences in scope and/or proposed finishes, equipment and materials. RFTOPS will detail the award criteria for the project.

B.2.5 In the event the Contractor is selected for a project, the Contractor shall enter into a Task

Order. The Contractor shall not proceed with any work unless and until such Task Order is fully executed by the Department and the Contractor is directed to begin work. Before the Department executes Task Order Agreement, the Contractors are required to resolve any clean hand compliance matters with relevant authorities including, but not limited, to the Office of Tax and

Revenue (“OTR”) office.

B.3 Task Order Agreements. Any and all work performed under the BOA or any Task Order

Agreement issued pursuant hereto shall be governed by the terms and conditions set forth in the

BOA. It is contemplated that individual Task Order Agreements shall, in general, contain the following information: (i) a description of the scope of work included in such Task Order

Agreement; (ii) a lump sum price and/or such other terms of compensation for the work included in the Task Order Agreement’s scope of work; (iii) the Substantial Completion Date for the Task

Order Agreement’s scope of work and/or such other schedule requirements for Task Order

Agreement; (iv) liquidated damages; (v) name and contact information for the assigned PM; and

(vi) any other specific requirements of the scope of work. The Task Order Agreement shall also set forth a general description and requirements of the given project (such description and requirements, the “Project”).

B.4 Term of the BOA. The BOA shall be effective from the date of execution by both parties through one year from such date (such time period, the “Term”). Any and all work assigned to the Contractor pursuant to a Task Order Agreement issued pursuant to the BOA must be completed within the Term of the BOA, and no later than the Substantial Completion Date identified in the individual Task Order Agreement.

B.5 Option Year. The Department shall have the right to extend the Term of the BOA to four (4) one-year option periods (each such period, an “Option Year”), the first of which would begin on the date that the base year Term expires; and the second of which would begin on the date that

Option Year 001 expires and end one year from the date that Option Year 001 expires. In the event the Department desires to extend the Term of the BOA pursuant to this Section B.5, the

Department shall give the Contractor written notice of such election at least thirty (30) days prior to the beginning of the applicable Option Year.

B.6 Standard Task Order Provisions. Unless otherwise expressly stated in a Task Order, all of the provisions of the BOA shall be deemed incorporated into the Task Order as if set forth therein.

B.7 Minimum Value of BOA. The minimum value of services for each base year and subsequent

Option Year is Fifty Dollars ($50.00).

B.8 Not-to-Exceed Maximum Value of BOA. The maximum aggregate value of services for the base year and each subsequent Option Year is Twenty Million dollars ($20,000,000.00) (the “NTE

Amount”). It is understood that the Contractor is not authorized to proceed with any work based solely on the BOA. Any and all work performed under the BOA shall be authorized by a written

Task Order. In no event shall the Contractor be entitled to recover in the aggregate, pursuant to the BOA and any and all Task Orders issued pursuant hereto, more than the NTE Amount.

B.9 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 B.9. Unless a delay in completing the preconstruction activities is the result of a delay by the Department or the Program Manager beyond the timeframes set forth herein 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 or for further compensation.

B.9.1 Detailed Schedule. Within seven (7) days of the issuance of a Notice to Proceed for any awarded Task Order Agreement, the Contractor shall submit to the Department for its approval a schedule for the Project. Such schedule shall include a schedule for submittals and key milestones that is reasonably acceptable to the Program Manager. The Program Manager shall have five (5) business days to review such submittal.

B.9.2 Potential Subcontractors and Suppliers. Within the timeframe specified in each Task

Order, and after the issuance of a Task Order, the Contractor shall furnish to the Department and its Program Manager a list of the subcontractors and suppliers that will work on an individual 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 Program Manager shall advise the Contractor if it has any objection to any of the listed subcontractors or suppliers. In the event the Program

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.

B.9.3 Design Services. Prior to providing its bid for any Task Order, the Contractor had an opportunity to review and ask questions regarding the scope of work for the Task Order and to ascertain what design services, if any, were necessary in order to complete the Project and has included in its price the costs of any necessary design services, and the Contractor shall be required to provide, at no additional cost to the Department, such design services as are necessary to implement the Project. The Contractor and the COTR shall agree upon the exact design services to be required prior to the commencing of construction.

B.9.4 Safety Plan. Prior to the start of any maintenance and construction activities, the

Contractor shall prepare a safety plan for the construction phase conforming to OSHA, 29 CFR

1926 (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.

B.9.4.1 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 its review and approval prior to the commencement of construction. Once such 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 plan shall not entitle the Contractor to an increase in the Task Order Price.

B.9.4.2 Site Security. The Contractor shall be responsible for site security and shall be required to provide such watchman as are necessary to protect the site from unwanted intrusion.

B.9.4.3 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.

B.9.5 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.

B.9.6 Quality Plan. Prior to the start of construction activities, the Contractor shall prepare a

Quality Plan. The Quality Plan shall address: (i) the processes employed by the Contractor to ensure quality assurance; (ii) to determine how items are checked for quality and which items need to be checked; (iii) list the specific quality materials used during the project including standards, guidelines, checklist, templates, procedures, user guides and processes; and how the

Contractor will handle defective items.

B.9.7 Design Reviews/Submittals. On or before the dates specified in the approved detailed schedule, the Contractor shall submit the necessary information (i.e. shop drawings, submittals, sketches, etc.) to the Program Manager for review and approval. Unless a different timeframe is established in the approved detailed schedule, the Program Manager shall have five (5) business days to review such documents. In the event the Program 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 such documents have been approved by the Program Manager. Any delays that result from design resubmissions shall be considered Non-Excusable.

In addition, the Contractor shall coordinate with the Department’s Program Manager and the

Department’s architect/engineer with respect to requests for information (RFIs), architect’s supplemental instructions and other construction administration, as well as the District Historic

Preservation Review Board (as required).

B.9.8 Permits. Unless otherwise specified in the Task Order Agreement, it is understood that the Contractor shall be required to secure and pay for any and all permits, governmental fees, licenses and inspections necessary for the execution and completion of the work. The Department shall cooperate with the Contractor in securing such permits, licenses and inspections; provided however, the Department shall not be required to pay the fees for such permits, licenses and inspections unless otherwise noted in the Task Order.

B.9.9 Coordination with DGS. The Contractor will be required to coordinate with the assigned

Program Manager for each individual project. Unless specified otherwise in the Task Order, the work will generally be performed during normal business hours; however, the Contractor may be required to work after hours or on weekend and holidays as to not adversely impact the work of the District of Columbia employees/and or Contractors. The Contractor will be required to develop work plans that are coordinated with, and acceptable to, the Program Manager assigned to the task order.

B.10 Maintenance and 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 Construction Documents 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 workmanlike and 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. The Contractor hereby 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 any drawings for the Project; (iii) elements of work not shown on the drawings, but which are reasonably inferable from the drawings; (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.

B.10.1.A. Coordination with DGS. The Contractor will be required to coordinate with the assigned Program Manager for each individual project. The work may be performed during normal business hours; however, the Contractor may be required to work after hours or on weekend and holidays as to not adversely impact the work of District Government employees/and or

Contractors. The Contractor will be required to develop work plans that are coordinated with, and acceptable to, the PM assigned to the Task Order Agreement.

B.10.1.B. 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 so as to ensure that their activities are not adversely affected;

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

Program Manager;

5. Provide general safety and 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 Department of Consumer and Regulatory

Affairs 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 close-out documents required;

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;

and

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).

B.10.2 CBE Subcontractors. The Contractor shall not substitute or replace any subcontractor or supplier certified by the DSLBD without the Department’s prior written consent.

B.10.3 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 Construction Documents as provided for projects solicited under the RFTOPs.

The Contractor shall carefully study and compare the Construction Documents 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 Construction Documents; 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.

B.10.4 Warranty of the Construction Work. The Contractor warrants to the Department that materials and equipment furnished under the Task Order Agreement will be of good quality and new unless otherwise expressly permitted in writing, 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.

B.10.5 Extent of Responsibility and Site Conditions. The Contractor shall be entitled to submit a change request for differing site conditions only to the extent that such conditions could not have been discovered by a competent visual inspection of the site and 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 (such circumstances, “Differing Site Conditions”). The term Differing Site Conditions shall mean subsurface conditions on or adjacent to the Project site which differ materially from those indicated in the geotechnical reports prepared by the Contractor.

The term “Differing Site Conditions” shall also include unknown physical conditions at the site of an unusual nature which differ materially from those ordinarily encountered and generally recognized as inhering to work of the character provided for in this Contract. 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.

B.10.6 Unsafe Materials and Hazardous Materials

B.10.6.1 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 Task Order Agreement 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.

B.10.6.2 If Hazardous Materials are discovered on the site, the Contractor shall immediately inform the Program Manager and the Department of such discovery. The Contractor shall be entitled to submit a Change Request in accordance with the Standard Contract Provisions for any

Hazardous Materials abatement and disposal work. The Contractor shall comply with all laws, including, without limitation, the requirements of the 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.

B.10.6.3 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.

B.10.7 Progress Meetings. The Contractor shall schedule and conduct at a minimum bi-weekly progress meetings at which the Department, the Program Manager, the Contractor and appropriate subcontractors can discuss the status of the Work. The Contractor shall prepare and promptly distribute meeting minutes.

B.10.8 Written Reports. The Contractor shall provide written reports to the Program 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 architect/engineer and the Project Manager and the COTR on a monthly basis a copy of the log shall be submitted to the

Department.

B.10.9 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.

B.10.10 Project Site Safety. The Contractor will be required to ensure that its work is conducted in a safe manner and that appropriate barricades and other safety procedures are employed to ensure the safety of District of Columbia employees, Contractor and/or visitors. All such barricades and safety procedures shall be subject to the approval of the Department and its Project

Manager.

B.10.11 Close-Out and Training. Contractor shall also provide the Department with a complete set of its Project files, including, but not limited to, shop drawings, product manuals, warranties, etc., prepared by the Contractor or its subcontractors along with any other documentation that may reasonably be requested by the Department or its Program Manager and/or Project Manager, at close out so as to assist the Department in operating the building. In addition, if the Project includes work on heating or cooling systems, at the beginning of the first heating and cooling season following turnover of the Project, the Contractor shall be available to assist with, and train the building engineers and staff in the start-up of the building systems for the new weather cycle.

B.10.12 Salvaged and Stored Items. The Contractor shall be responsible for salvaging and storing all items as identified by the Department in accordance with all applicable District laws and regulations, after notifying the Department and receiving the Department’s permission to proceed.

B.10.13 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.

B.10.14 Correction of Work

B.10.14.1 The Department shall be at liberty to object and to require the Contractor to remove forthwith from the Project site and the work and to promptly replace the superintendent, any foreman, technical assistant, laborer, agent, representative, or other person used by the Contractor in or about the execution or maintenance of the Work, who in the sole opinion of the Department is misconducting himself or herself, or is incompetent or negligent in the proper performance of his or her duties, or whose performance in the work is otherwise considered by the Department to be undesirable or unsatisfactory, and such person shall not be again employed upon the Project without the written permission of the Department.

B.10.14.2 The Contractor shall promptly correct work rejected by Department for failing to conform to the requirements of the Construction Documents or any approved design document or applicable law or regulations whether observed before or after the Project’s completion and whether or not fabricated, installed or completed, and shall correct any work found to be not in accordance with the requirements within a period of one (1) year from the date of Final

Completion or by terms of an applicable special warranty required by the Task Order Agreement.

B.10.14.3 If during the guarantee or warranty period, any material, equipment or system requires corrective work because of defects in materials or workmanship, the Contractor shall commence corrective work within forty-eight (48) hours after receiving the notice and work diligently until corrective work is completed; provided, however, if such notice is received on the day before a weekend or a holiday, the Contractor will commence corrective work on the next business day. If the Contractor does not, in accordance with the terms and provisions of the Contract Documents, commence all corrective work within forty-eight (48) hours or if the Contractor commences such work but does not pursue it in an expeditious manner, Department may either notify the bonding company (if any) to have such work and/or obligations performed at no additional cost to

Department or may perform such Work and/or obligations and charge the costs thereof to

Contractor.

B.10.15 Manufacturers’ Warranties

B.10.15.1 The Contractor warrants that all manufacturer’s 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.

B.10.15.2 The Contractor warrants that the installation of all materials and equipment shall be in strict accordance with the manufacturers’ requirements or specifications.

B.10.15.3 The Task Orders shall also comply with the requirements set forth in the DGS Turnover

Manual attached as Attachment L.

B.10.16 Schedule Update. 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 Task Order Agreement.

B.10.17 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 Program 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) calendar 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 Task Order Agreement Price or the Substantial Completion Date. The

Contractor hereby acknowledges 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 Task Order Agreement Price in order to comply with the requirements of this Section.

B.11 Substantial Completion Date. The Contractor shall substantially complete a Project no later than the date identified in the Task Order Agreement. 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 punch list items remaining to be completed; (2) any and all required permits…