AWARD/CONTRACT

1a. Caption Page of Pages Construction Services for New Department of Aging and Community Living (“DACL”) Ward 8 Senior Wellness Center

1b. Market Type Open Market with 35% CBE Sub-Contracting Requirement

1 80

2. Solicitation/Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.

DCAM-26-CS-IFB-0003 See Block 18C

5. Issued By: 6. Administered by (If other than line 5) Department of General Services Contracts and Procurement Division 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019

Department of General Services Capital Construction Division 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019

7. Name and Address of Contractor

8. Delivery FOB Origin Other

9. RESERVED

10. Submit invoices as described in Section G.

11. RESERVED 12. Payment will be made by Government of the District of Columbia

Department of General Services Office of the Chief Financial Officer 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019

13. Acknowledgement of Amendments The Bidder acknowledges receipt of amendments to the solicitation

Amendment No. Date

14. Supplies/Services/Price - See Section B.3

15. Table of Contents Section Description Pages

A COVER PAGE 1-2

B INTRODUCTION, CONTRACT TYPE AND PRICE SCHEDULE 3-8

C SCOPE OF WORK/SPECIFICATIONS 9-22

D RESERVED 23

E INSPECTION AND ACCEPTANCE 24

F PERIOD OF PERFORMANCE AND DELIVERABLES 25-26

G CONTRACT ADMINISTRATION 27-32

H SPECIAL CONTRACT REQUIREMENTS 33-48

I CONTRACT CLAUSES 49-65

J LIST OF ATTACHMENTS 66-67

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS 68

L INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 69-78

M EVALUATION FACTORS 77-80

16.This Item will be completed by the Contracting Officer

AWARD -

Your bid for the above-referenced Solicitation including your Offer Letter and Price Schedule/Bid Form is hereby accepted. The contractor agrees to furnish and deliver all items, perform all the services set forth or otherwise identified in the above list and on any continuation sheets, for the consideration stated herein.

17A. Name and Title of Signer (Type or print)

18A. Name of Contracting Officer Kianna Shepherd, Contracting Officer

17B. Name of Contractor 17C. Date Signed 18B. District of Columbia 18C. Date Signed

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

SECTION A

INVITATION FOR BIDS (“IFB”)

Solicitation Number: DCAM-26-CS-IFB-0003

Construction Services for New Department of Aging and Community Living (“DACL”) Ward 8 Senior Wellness Center

Date Issued: January 26, 2026

Site Visit and January 29, 2026, at 09:30 A.M.

Pre-Bid Conference: 1700 Q Street, SE

Washington, DC 20020

See Section L.16

Last Day for Questions: February 4, 2026, by 02:00 P.M.

See Section L.7

Bid Due Date: February 25, 2026, at 02:00 P.M.

Bid Opening Date: February 25, 2026, at 03:00 P.M.

See Section L.16 Join the Meeting Now

Contact: Valentine Egbiremon Contract Specialist

Department of General Services Contracts & Procurement Division

3924 Minnesota Avenue, NE, 5th floor

Email: valentine.egbiremon@dc.gov https://teams.microsoft.com/meet/27146977958396?p=9x3O8wviJuxl5mkcS8 mailto:valentine.egbiremon@dc.gov

SECTION B

CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST

B.1 INTRODUCTION

The District of Columbia Department of General Services (“DGS” or the “Department”), on behalf of the Office of the Secretary of the District of Columbia, is issuing this Invitation for Bids (“IFB”) to engage a Contractor (the “Contractor”) to provide all necessary services, supervision, permits, labor, supplies, equipment, and materials to perform construction services for New Department of Aging and Community Living (“DACL”) Ward 8 Senior Wellness Center (the “Project”) located at 1700 Q Street, SE Washington, DC 20020. The Contractor shall complete the Project’s requirements in accordance with this IFB to include, but not limited to, Section C, Specifications/Scope of Work (“SOW”), and Attachment J.1, Specifications and Drawings, and other attachments identified in Section J of this IFB.

The Department intends to make one (1) contract award to the bidder who submits the lowest bid that is responsive and responsible. To this end, the Department will evaluate bids submitted in the Offer Letter and Bid Form (Attachment J.2) consistent with the price-related evaluation factors identified in the IFB.

IMPORTANT NOTICE: DGS will notify bidders (“Bidders”) of any changes, additions, and or deletions to the specifications and or responses to questions by addenda to this IFB that will be posted on the DGS Procurement portal (https://procurement.opengov.com/portal/dc). It is the Bidder’s responsibility to frequently visit DGS’ Procurement portal for any addenda to this IFB.

B.2 TYPE OF CONTRACT

B.2.1 This will be a 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 in the Drawings and Specifications but are reasonably inferable therefrom.

B.3 PRICE SCHEDULE/BID FORM – LUMP SUM PRICE

B.3.1 Lump Sum Price The awarded Contractor shall be paid a Lump Sum Price, as detailed in Attachment J.2, 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 Specifications/Scope of Work (Section C), including the Drawings and Specifications (Attachment J.1), 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 https://procurement.opengov.com/portal/dc 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 Attachment J.1 Drawings and Specifications

B.3.3.2 Attachment J.2 Form of Offer Letter and Bid Form

B.3.3.3 Attachment J.5 SBE Subcontracting Plan

B.3.3.4 Attachment J.6 Living Wage Act of 2006 Notice and Fact Sheet (amended in 2026 with prices effective from January 1, 2026, to June 30, 2026)

B.3.3.5 Attachment J.7 and Attachment J.15 Davis Bacon Wage Rates Determination and 29 CFR 5.5 Davis-Bacon

Provision

B.3.3.6 Attachment J.8 First Source Employment Agreement and Revised Employment Plan

B.3.3.7 Attachment J.13 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 Drawings and Specifications (Attachment J.1) developed by Perkins Eastman

Architects for accuracy, constructability, and completeness and was required to bring such deficiencies to the attention of the Department so that the Department’s Program Manager 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 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 subcontracting plan required by law in the form of (Attachment J.5). 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.

B.6 CAMPAIGN FINANCE REFORM ACT.

B.6.1 The Contractor agrees to comply with the Campaign Finance Reform Act certification requirement pursuant to the D.C. Official Code § 1-1161.01 and will satisfy all self-certification requirements prior to the execution of any contract, as applicable (Attachment J.16).

B.7 FEDERAL REQUIREMENTS AND CONTRACT PROVISIONS

B.7.1 The Contractor agrees to comply with the Federal Requirements and Contract Provisions

(Attachment J.17) due to the funding of this Contract.

B.7.2 As a condition of the funding source, the Office of the Secretary of the District of Columbia requires that registered Disadvantaged Business Enterprises (“DBEs”) be provided the opportunity to bid on subcontracted work for this Project. Bidders must document their outreach efforts to DBEs using the DBE Outreach Form (Attachment J.17e: DBE Outreach Form) to comply with this requirement. Detailed information regarding this requirement is located on page 17 of the Federal Insert (Attachment J.17a: 2023 Federal Insert). Offerors must utilize this form to document DBE outreach. Failure to do so will result in the Bid to be deemed nonresponsive. While prime contractors are required to provide contracting opportunities to DBE firms, there is no requirement for the prime contractor to be a DBE firm.

B.7.3 Certification Regarding Lobbying: The Offerors must comply with Lobbying restrictions and regulations – please refer to (Attachment J.17a: 2023 Federal Insert) and submit a "Certification Regarding Lobbying" in the form of (Attachment J.17b:

Certification Regarding Lobbying) regarding the use of any nonfederal funds for lobbying. Failure to submit the Certification Regarding Lobbying will result in the Bid to be deemed non-responsive.

B.8 BUY AMERICAN ACT PROVISIONS

The Contractor shall comply with the provisions of the Buy American Act (41 U.S.C. §§ 8301–8305), including, but not limited to, the purchase of steel. To the extent that the language in this section contradicts the language under Article 24 of The Department Standard Contract Provisions for Construction Contracts (Attachment J.13) regarding compliance with the Buy American Act, the language in this section should supersede.

B.8.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301–8305), and Executive Order 10582. December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by Executive Order 11051, September 27, 1962 (3 CFR, 1059—63 Comp., p. 635), the Design-Builder agrees that only domestic construction material will be used by the Design- Builder, subcontractors, material men and suppliers in the performance of the Agreement, except for non-domestic material listed in the Agreement.

“Components” as used in this Section, means those articles, materials and supplies incorporated directly into the end products.

“Domestic end product”, as used in this section, means, (1) an unmanufactured end product mined or produced in the United States, or (2) an end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States, exceeds 65 percent of the cost of all its components. For an end product that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5 percent of the cost of all the components used in the end product.

Components of foreign origin of the same class or kind as the products shall be treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic.

“End Products”, as used in this Section, means those articles, materials, and supplies to be acquired for public use under this Contract.

The Contractor shall deliver only domestic end products, except those:

1. For use outside the United States.

2. That the District determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality;

3. For which the District determines that domestic preference would be inconsistent with the public interest; or

4. For which the District determines the cost to be unreasonable.

B.8.2 Domestic Construction Material. “Construction material” means any article, material, or supply brought to the construction site for incorporation in the building or work. An unmanufactured construction material is a “domestic construction material” if it has been mined or produced in the United States. A manufactured construction material is a “domestic construction material” if it has been manufactured in the United States and if the cost of its components which have been mined, produced, or manufactured in the United States exceeds 65 percent of the cost of all its components. “Component” means any article, material, or supply directly incorporated in construction material. If the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States; or, for construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in such construction material.

B.8.3 Domestic Component. A component shall be considered to have been “mined, produced, or manufactured in the United States” regardless of its source, in fact, if the article, material, or supply in which it is incorporated was manufactured in the United States and the component is of a class or kind determined by the Government to be not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality.

B.8.4 Foreign Construction Materials. “Foreign construction material” means a construction material other than a domestic construction material.

SECTION C

SPECIFICATIONS/SCOPE OF WORK

Introduction

The Department is seeking a Contractor to provide all labor, materials, equipment, and supervision for the Project, including all associated construction, close-out, and post-construction phase services in accordance with the DGS Drawings and Specifications (Attachment J.1). Accurate budgeting, value engineering, site coordination, scheduling, logistical planning, local/small/disadvantaged business involvement, and quality control will be important components of the requested services.

The Contractor will be required to construct the 3,000 square-foot-base building, ground-up, new Ward 8 Senior Wellness Center where seniors can congregate for recreation and general well-being. The new Center will be constructed within the existing Kramer Middle School Parking lot grounds located at 1700 Q Street, SE, Washington, DC 20020, with support spaces that promote senior wellness activities, such as a gym, meeting rooms, and educational space.

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 Project. The work shall be performed in accordance with Section C and the Drawings and Specifications (Attachment J.1). It shall be the responsibility of the Contractor to review all existing documents and conduct site visits to ascertain existing conditions.

In addition, the scope also requires close-out phases, and post-construction services. Prospective bidders should visit the site, take necessary measurements and all pertinent information before submitting their bids. The Contractor can choose any manufacturer’s product meeting the minimum requirements. The successful Contractor must submit the manufacturer’s cut sheets for approval by the Architect(s) on Record and the Department’s Program Manager.

C.1.1 Special Conditions:

The successful Bidder shall consider the following factors during the preparation of its bid. No other allowance will be permitted to deliver the Project within the performance period. Elements to be considered during the preparation of the bids include:

1. The Contractor will provide the construction services meeting the requirements of the Government of the District of Columbia, as outlined in the Standard Contract Provisions (“SCP”) for Construction Contracts, and all applicable Federal Codes and Regulations, including but not limited to the DC Fire Code and practice.

2. The Contractor shall comply with the District of Columbia Noise Control Act of 1977 and relevant District of Columbia Municipal Regulations (“DCMR”); specifically, construction noise shall be confined to the hours of 7:00 a.m. to 7:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on Saturday.

C.1.2 Special Requirements:

1. The building is co-located with Kramer Middle School property and is fully functional.

The contractor shall minimize the impact of the construction activities on the daily functions of the Kramer Middle School. The Contractor must be in communication with the stakeholders during the performance of the Project work.

2. If the Contractor requires to close any area which might have an impact on the operation of the facility and must be communicated in advance with the stakeholders for necessary approval.

C.1.3 Vendor’s Qualifications Requirements:

1. Applicable experience of the Contractor as described in the Contractor’s Qualification Statement is mandatory and must include at least the following:

a. Experience of the Contractor: The offeror shall demonstrate experience with new construction and extensive knowledge of such facilities in a setting similar in size and scale to the proposed Project. The Contractor in its current organization shall have successfully completed a minimum of five (5) projects of similar type, quality, and scope, including a minimum of two (2) within the last four (4) years. The Contractor shall have a record of project completion and must submit detailed information on these cited projects showing the scope of work, owner information with POC numbers and e-mail addresses, period of performance, and contract amount for each contract.

b. Experience of the Key Personnel to be Committed by the Prospective Bidder to Carry Out the Work: The assigned key personnel must have successfully completed a minimum of three (3) projects of similar type, quality, and scope. The Contractor must submit a record of project completion and must submit detailed information of these cited projects showing scope of work, owner information with POC numbers and e-mail addresses, period of performance, contract amount for each contract.

c. For purposes of this submittal, reference to “key personnel” as described in the Contractor's Qualification Statement shall be understood to mean the (i) Project Manager, (ii) the Superintendent, (iii) the Project Executive, (iv) Lead Cost Estimator, and (v) Safety/Quality Assurance/Quality Control Manager committed by the Prospective Bidder to carry out the Work of this Project. Prospective Bidder by submitting qualifications of key personnel agrees that District reserves the right to approve or reject subsequent reassignment of key personnel.

2. Work-in-hand capacity, such that the Prospective Bidder demonstrates adequate work under contract to continue its business operations at least at their current level, at the same time indicating the capability to carry out the District’s proposed work.

a. Adequate organization to complete work of the scope anticipated, including Contractor management, project management, field superintendence, and field engineering and quality control.

b. Acceptable past performance as indicated by Contractor's references, including ability to meet contract time and to monitor, manage, and communicate interim scheduling requirements, to carry out required quality-control activities, to properly prepare interim and final payment requests, and to successfully complete project closeout requirements.

c. Acceptable documentation of the Contractor’s ability to comply with the District’s Certified Business Enterprise (CBE) requirements. Prospective Bidders shall contact DGS to obtain copies of requirements.

d. Acceptable documentation of Contractor's employee screening practices as indicated by affidavit describing background check procedures for Contractor's employees and requirements for same incorporated in Contractor’s subcontracts.

C.2 SITE PREPARATION AND MOBILIZATION ACTIVITIES

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

C.2.1 Site Preparation.

1. Within fifteen (15) days of issuance of the Notice to Proceed, the Contractor shall submit a comprehensive, detailed construction schedule to the Contracting Officers Technical Representative (COTR) and the Architect/Engineer (A/E). The construction schedule should be prepared in accordance with the Specifications.

2. Within fifteen (15) days of issuance of the Notice to Proceed, the Contractor shall submit a detailed Schedule of Values (SOV) to the COTR and A/E. Once approved by the COTR and the A/E, the approved SOV must be incorporated into all subsequent payment applications. All individual items in the SOV must provide sufficient detail to enable differentiation of different elements of the Work.

3. Within fifteen (15) days of issuance of the Notice to Proceed, the Contractor must submit their Life Safety Plan/Program, in accordance with Article 27 of the Standard Contract Provisions (“SCP”). Upon approval by COTR, within 7 days and prior to the commencement of the Work, the Contractor must install all necessary signage and security systems.

4. Before initiating the work, the Contractor shall provide appropriate signage showing the funding information including funding agencies’ names at the construction work.

5. Before starting the construction, the Contractor shall secure the entrance and exit driveways for operating vehicles by installing cones and or other devices and as per approved area shown by the user agency.

6. The site should be cleaned immediately without leaving any materials at the site in all stages of the construction. In general, the Contractor should comply with Article 16, Section F of the Standard Contract Provisions. The COTR may direct the Contractor to clean specific areas at any time.

7. The Contractor shall carefully review the Drawings and Specifications and expeditiously submit their submittals for “Long-Lead” items for approval. The purpose of this contract’s “Long-Lead” items is to complete the project work within the project performance period.

C.2.2 Submittal Process.

1. The Contractor shall prepare and submit to the COTR, as deliverable, the Schedule of Values (SOV) for approval within fifteen (15) calendar days of the issuance of the Notice to Proceed (“NTP”). A copy of such must be uploaded to the Department’s current project management software (“ProjectTeam”). Without a pre-approved Schedule of Values, no invoice will be processed.

2. As noted in Section C.2.2.1 above, the Contractor shall submit a detailed construction schedule within 15 days of NTP. The approved construction schedule will be reviewed, on a monthly basis, typically at progress meetings. When directed by the A/E and/or the Department’s Program Manager, the Contractor shall update the project schedule within seven (7) calendar days to reflect ongoing construction conditions.

3 . All submittals, RFI, shop drawings, SOV, and payment applications must be uploaded on

ProjectTeam.

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.13 (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.

C.3 CONSTRUCTION PHASE

The Construction Phase shall commence when the Department issues the written Notice to Proceed. The Contractor shall construct the work described in the Drawings and Specifications including any work that is not specifically shown therein 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 the Program Manager for his review and approval. Unless a different timeframe is established in the approved baseline schedule, the Architect/Engineer and/or the Program Manager shall have twenty-one (21) 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. Any delays that result from any construction phase submittal resubmissions shall be considered Non-Excusable.

C.3.1a Supervision & Coordination. The Contractor shall properly supervise and coordinate its work. At a minimum, it is envisioned that the Contractor shall 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. It would be required that all records be submitted in the ProjectTeam software every week.

3. Provide and maintain a fully equipped office on-site to perform all required duties.

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

5. Conduct weekly progress meetings following a Contractor-generated agenda with the

Program Manager and all trades.

6. 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.

7. Provide a written monthly report that includes (i) an updated schedule analysis, (ii) an updated cost report, and (iii) a monthly review of cash flow.

8. Obtain all job permits and approvals from the Department of Buildings (“DOB”) that are required to perform and complete the Work, unless otherwise noted herein.

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

10. Manage the change order process with the trade subcontractors, A/E, and OPR to verify validity, purpose, and cost.

11. Assemble required close-out documents.

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

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

Project.

14. 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.3.1b Mobilization. At a minimum, it is envisioned that the Contractor shall undertake the following tasks:

1. Take control of the site and install the necessary construction fences and other devices to secure the site properly.

2. Provide a logistic plan for the Department, DACL, and Kramer Middle School for approval before the commencement of work.

3. Responsible for all performance and payment bonds and general liability insurance.

4. Responsible for removing the balance of construction debris off-site.

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 without the Department's prior written consent.

C.3.3 Site Observations. The Contractor shall 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 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.

C.3.6 Unsafe Materials and Hazardous Materials

C.3.6.1 The Contractor shall abate and legally dispose of any Hazardous Materials, including but not limited to contaminated soil found within the project site.

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 project site. In performing such 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. The Contractor’s obligations under this section shall include signing (as the agent for the Department) any manifests required for the disposal of hazardous materials.

C.3.6.4 If any Hazardous Materials are discovered on the site, the Contractor shall immediately inform the Program 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.13) 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 Program 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 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 and the Program 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 OSHA or other applicable 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 Program 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 t h e Department on demand or upon Project completion without demand. In the event any issue or defect that 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 manufacturer’s requirements or specifications.

C.3.15 Schedule Updates. The Contractor shall submit monthly 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.3.16 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) 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 and the delay in the critical path is not the result of Excusable Delays, 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 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 Lump Sum Price in order to comply with the requirements of this Section.

C.3.17 Two Week Look Ahead Schedule. Upon commencement of initial construction activities, the Contractor shall provide on a weekly basis a Two Week Look Ahead Schedule. The Two Week Look Ahead Schedule shall be in sufficient detail to allow the Department to fully understand the anticipated construction activities including a description of the responsible subcontractors.

C.4 ADMINISTRATIVE MATTERS

C.4.1 Use of DGS’ ProjectTeam. Awarded Contractor shall utilize ProjectTeam system to 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) certified payrolls (in addition to upload via LCP Tracker); (vii) drawings and specifications; (viii) punch list; and (ix) other documents as may be designated by the Department.

C.4.2 Disincentive Fee.

C.4.2a: 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 Thousand Two Hundred and Fifty Dollars ($2,250.00) per day for each calendar day of delay for failure to meet the Substantial Completion Date. The Contractor and the Department agree that the incentive fee does not constitute, and shall not be deemed a penalty but represents a reasonable approximation of the damages to the Department associated with a delay in the Project.

C.4.2b: Key personnel Replacement Requirements. It is contemplated that the Key Personnel will work throughout the completion of the construction work. The Contractor’s obligation is to provide adequate staffing based on the Key Personnel requirement of this IFB (Section C.5).

If the Contractor removes or reassigns one of the Key Personnel (excluding, however, instances where such personnel become unavailable due to death, disability, or separation from the employment of the Contractor or any affiliate of the Contractor without the prior written consent of the…