GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

INVITATION FOR BIDS (“IFB”)

Solicitation Number: DCAM-26-CS-IFB-0007

Generator Replacement for Various FEMS Engine Houses And Facilities Project

This solicitation is open to all Contractors who shall satisfy the District of Columbia Department of Small and Local Business Development (“DSLBD”) requirements 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.

Date Issued:

Pre-Bid Conference

Last Day for Questions:

Bid Due Date:

April 10, 2026

April 13, 2026 at 2.00 PM

Refer to Section L.12

April 15, 2026, by 4:00 PM

April 28, 2026, at 12:00 PM

Bid Opening Date: April 28, 2026, at 3:30 PM

Refer to Section L.13

Contact: Concillia Mpofu Contract Specialist

Contracts & Procurement Division

3924 Minnesota Avenue NE, 5th Floor, Washington, DC 20019 concillia.mpofu@dc.gov mailto:concillia.mpofu@dc.gov

SECTION A

AWARD/CONTRACT

1a. Caption

Generator Replacement for Various FEMS Engine Houses And

Facilities Project

Page of Pages

1b. Market Type

Open Market 1 76

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

DCAM-26-CS-IFB-0007 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

{Insert Contractor}

8. Delivery

FOB Origin Other

9. RESERVED

10. Submit invoices as described in Section G.

11. Ship to/Mark for 12. Payment will be made by

RESERVED

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 Addenda

The Offeror acknowledges receipt of all addenda issued to the Solicitation.

X_____________________________

SIGNATURE

Amendment No. Date

14. Supplies/Services/Price Contract Amount:

See Section C – Scope of Work

See Attachment C– Bid Form

15. Table of Contents

Section Description Pages

A CONTRACT COVER PAGE/AWARD 1-2

B CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE 3-8

C SPECIFICATIONS/WORK STATEMENT 9-20

D PACKAGING AND MARKING 21

E INSPECTION AND ACCEPTANCE 22

F PERIOD OF PERFORMANCE AND DELIVERABLES 23

G CONTRACT ADMINISTRATION 24-29

H SPECIAL CONTRACT REQUIREMENTS 30-46

I CONTRACT CLAUSES 47-63

J LIST OF ATTACHMENTS 64

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS 65

L INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 66-74

M EVALUATION FACTORS 75-76

Contracting Officer will complete Item 16

16. AWARD

Your bid for the above referenced Solicitation including your Bid and Offer Letter and Bid Form is hereby accepted. The Contractor agrees to furnish and deliver all items, perform all the services set forth or otherwise identified above 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

17B. [Contractor Name]

(Signature of person authorized to sign)

17C.Date Signed 18B. District of Columbia

(Signature of Contracting Officer)

18C. Date Signed

SECTION B

CONTRACT TYPE, SUPPLIES OR SERVICES, AND PRICE/COST

B.1 . INTRODUCTION

The District of Columbia (the “District”) Department of General Services (the “Department” or

“DGS”) is issuing this Invitation for Bids (“IFB” or “Solicitation”) to engage a qualified General

Contractor (the “Contractor”) for the replacement and installation of Generator Systems and

Automatic Transfer Switch (“ATS”) Systems at various FEMS Engine Houses in Washington, DC (the

“Project”). The Contractor shall furnish all labor, materials, equipment, and supervision necessary to deliver complete and fully operational systems in accordance with the contract documents, applicable codes, and permitting authority requirements. The locations are listed below:

Station/Facility Address Square Footage Built

Engine 3 439 New Jersey

Avenue NW

11,836 1979

Engine 7 1101 Half Street SW 7,590 1961

Engine 9 1617 U Street NW 10,151 1967

Engine 14 4801 North Capitol

Street NW

7,500 1945

Engine 16 1018 13th Street NW 25,634 1932

Engine 20 4300 Wisconsin

Avenue NW

13,044 1911

Training South Lower 4600 Shepherd

Parkway SW

9,000 1995

Ready Reserve North

E24

915 Gallatin Street

NW

22,943 2002

IMPORTANT NOTICE: DGS will notify Bidders of any changes, additions and/or deletions to the specifications and or responses to questions by addenda to this IFB as they will be posted on the

DGS’ website. It is Bidder’s responsibility to frequently visit DGS’ website

(http://dgs.dc.gov/page/dgs-solicitations) to obtain addenda once they have received a copy or downloaded a copy of the IFB.

B.2 . TYPE OF CONTRACT

B.2.1 This will be a lump sum price (“Lump Sum Price”) type contract (the “Contract”).

Bidders will be required to provide a Lump Sum Price 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, including the building permit, and construct the work and complete the

Project. The Lump Sum Price shall also include items that are not explicitly identified on the specifications (“Specifications”) (Attachment B), but which are reasonably inferable therefrom. The Department is contemplating the award of eight (8) Lump Sum Price contracts, one per engine house, as a result of this IFB. Award will be made to the lowest evaluated bidder per engine house, who is responsive and responsible.

B.2.2 For the avoidance of doubt and notwithstanding anything to the contrary, the lowest evaluated bidder shall be determined based on the lowest Evaluated Bid Price per Engine

House. The Evaluated Bid Price is defined as the Total Bid Price, less than any applicable price reduction percentage resulting from the Bidder's Certified Business Enterprise (CBE) status, as detailed in Section K of this IFB. Any DGS-controlled Allowances shall be excluded from the Evaluated Bid Price calculation.

B.3 . FORM OF OFFER LETTER AND BID FORM – LUMP SUM PRICE

B.3.1 Lump Sum Price

The awarded Contractor shall be paid a Lump Sum Price, as detailed in the Form of Offer Letter and

Bid Form, Attachment C, to complete the Project.

B.3.2 Work Included in the Lump Sum Price

The Bidder acknowledges and understands that the Lump Sum Price is based on the Specifications

(Attachment B) and Scope of work (Attachment A), which are incorporated into the Contract awarded pursuant to this IFB (the “Contract”). It is understood and agreed that the Lump Sum Price represents the Bidder’s offer to complete the Project. The Parties acknowledge and agree that the Contractor is obligated to 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 agreement, the 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 is the result of anything other than an excusable delay; and (v) the risk of subcontractor default or non-performance. The Parties understand and agree 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 Contractor.

B.3.2.1. The Bidder shall submit Attachment C – Form of Offer Letter and Price

Schedule/Bid Form, providing the price for each Division and CLIN, for generator replacement and associated work for any engine house as listed in Section B.1 to be considered for award.

The Contractor does not have to submit pricing for all engine houses; however, the Contractor must submit pricing for all CLINs within any engine house for which it intends to be considered and evaluated for award. The sum of all the prices for each Division Component must equal the Lump Sum Price for each CLIN. In the event of discrepancies between or among the Lump

Sum Price and the Price Schedule Bid Form of each Division Component, the Lump Sum Price shall control.

B.3.2.2. The Bidder shall provide detailed pricing for the Base Bid, which includes all general work requirements (CLIN 001) and the installation of a natural gas-fueled generator (CLIN 002) in accordance with the Scope of Work set forth in Section C of the IFB. The Bidder shall also submit a separate price for

Alternate 01, identifying the total price impact (increase or decrease) if the

Department elects to install a diesel-fueled generator in lieu of the natural gas-fueled generator. For purposes of evaluation, the Lowest Evaluated Bid shall be determined solely based on the Lump Sum Price for the Base Bid (CLIN 001

General Work Requirements and CLIN 002 Natural Gas-Fueled Generator) The

Department reserves the right, at its sole discretion and post-award, to accept or reject Alternate 01, in whole or in part, based on its needs, priorities, and available funding. If the Department elects to exercise Alternate 01, the Contract value shall be adjusted, either increased or decreased, by the specific amount identified by the Bidder in the Bid Form for that Alternate. Bidders are required to clearly itemize and separately state pricing for the Base Bid and Alternate 01. Failure to separate pricing for the Alternate may result in the bid being deemed non-responsive. By submitting a bid, the Bidder acknowledges and agrees to the terms set forth in this provision and the IFB.

B.3.2.3. The Bidder acknowledges that Alternate 01 is an optional configuration and is not included in the initial Lowest Evaluated Bid evaluation. The

Department retains the absolute discretion to exercise this option at the price quoted in the bid. By submitting a bid, the Bidder agrees that the choice between natural gas and diesel fuels may be finalized by the Department after the contract is awarded.

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 A

Scope of Work

B.3.3.2 Attachment B

Specifications

B.3.3.3 Attachment C

Form of Offer Letter and Bid Form

B.3.3.4 Attachment F

SBE Subcontracting Plan

B.3.3.5 Attachment G

Living Wage Act Notice and Fact Sheet

B.3.3.6 Attachment H

Davis-Bacon Wage Rates Determination and Title 29 Code of Federal Regulations

B.3.3.7 Attachment I

First Source Employment Agreement and Employment Plan

B.3.3.8 Attachment N

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

Specifications for accuracy, constructability, and completeness and was required to bring such deficiencies to the attention of the Department to address any such deficiencies. The 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 Specifications could have been identified by prior review of a competent prospective contractor or are considered to be reasonably inferred to be required to complete the work.

B.4.1 During the term of the Contract, should any errors, omissions, ambiguities, or discrepancies be found in the Contract Documents, or should there be found any discrepancies between the Contract Documents, the Contractor shall bring any such errors, omissions, ambiguities or discrepancies to the attention of the Department, and the Department will interpret the intent of the

Contract Documents. The Contractor agrees to abide by and to carry out the work in accordance with the decision of the Department with no delay. 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 Scope of Work is omitted from the Specifications, or vice versa (except when the Scope of Work 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 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 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 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 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 building; (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 the Contractor may require; (6) familiarize themselves with the risks and mitigation costs associated with the hazardous materials and contaminated soils on the Project site; (7) uncertainties of weather and physical conditions at the site; and in general to have the contractor obtained all necessary information as to risk contingencies, climatic, hydrological and natural conditions and other circumstances which may influence or affect the Contractor’s performance of the work. The

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 SUBCONTRACTING PLAN

A Bidder responding to this IFB must submit with its bid a copy of the Bidder/Offeror certification

Form, and a statement detailing any subcontracting plan required by law. A Bidder responding to this

IFB shall be deemed nonresponsive and shall be rejected if the Bidder fails to submit a subcontracting plan required by law. For contracts more than $250,000.00, a Bidder shall ensure that its bid complies with the subcontracting requirement(s) in accordance with Section H.9 of this IFB.

B.6 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

B.6.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs incurred in the provision of goods or performance of services under this contract pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit organization may elect to instead include in its rates its indirect costs:

(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;

(2) By negotiating a new percentage indirect cost rate with the awarding agency;

(3) As calculated with the same percentage indirect cost rate as the nonprofit organization negotiated with any District agency within the past 2 years; however, a nonprofit organization may request to renegotiate indirect costs rates in accordance with B.6.3; or

(4) As calculated with a percentage rate and base amount, determined by a certified public accountant, as defined in the Act, using the nonprofit organization's audited financial statements from the immediately preceding fiscal year, pursuant to the OMB Uniform Guidance, and certified in writing by the certified public accountant.

B.6.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.

B.6.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same indirect cost rates as the nonprofit organization subcontractors would have received as a prime contractor.

B.7 CAMPAIGN FINANCE REFORM ACT

The Contractor agrees to comply with the Campaign Finance Reform Act certification requirement

(Attachment O) pursuant to the D.C. Official Code § 1-1161.01 and will satisfy all self- certification requirements prior to the execution of any agreement, as applicable.

SECTION C

SCOPE OF WORK (“SOW”)

The Department, on behalf of the District of Columbia Fire and Emergency Medical Services

(“FEMS”), is soliciting a Contractor to provide construction services for the replacement and installation of ATS Systems at various FEMS Engine Houses in Washington, DC. All work shall be performed in accordance with the performance criteria set forth in the Scope of Work (Attachment A).

C.1 DEFINITIONS

C.1.1 Change Directive. A written directive signed and issued by the Department ordering the

Contractor either to provide pricing and schedule impact information for a described change to the work or to proceed with a described change and provide pricing and schedule impact information after beginning the changed work.

C.1.2 Change Event. Any condition, event, act, omission, or breach other than the issuance of a

Change Directive, which the Contractor believes entitles it to a change in the Lump Sum Price or the

Substantial or Final Completion date(s).

C.1.3 Change Order/Contract Modification. A written document, executed by the Department and the Contractor, setting forth the agreed terms upon which a change to the Contract has been made.

C.1.4 Contract. The entire integrated agreement between the Department and the Contractor with respect to the Project, consisting of this IFB, the Attachments to the IFB, the Construction Documents released for the Contractor’s use, and any Change Directives or Change Orders that have been executed by the Department.

C.1.5 Contract Documents. The final documents comprising the Contract, as prepared in accordance with the law, including, but not limited to the documents requiring review and approval by the District Council.

C.1.6 Drawings. Graphic and pictorial portions of the Contract Documents, wherever located and wherever issued, show the design, locations, and dimensions of the work, generally including plans, elevations, sections, details, schedules, and diagrams.

C.1.7 Substantial Completion Date. The date established herein by which the Contractor shall achieve Substantial Completion. In order for the Contractor to achieve Substantial Completion, the

District must be able to receive a Certificate of Occupancy. The Substantial Completion Date may be modified only by Change Order or Change Directive in accordance with the Contract by Contracting

Officers (“CO”) only.

C.1.8 Final Completion. The point at which Substantial Completion has been achieved, all punch list items noted at Substantial Completion have been completed with the Department’s approval and sign-off and all documents the Contractor is required to deliver to the Department as a condition to receiving final payment have been delivered. These may include, as applicable, but are not limited to, a final Certificate of Occupancy for the Project from the District of Columbia, and final lien releases from the Contractor and Subcontractors and material suppliers. Contractor shall cause all representations, warranties, and guarantees to be honored and otherwise fulfill all the requirements set forth in the Contract.

C.1.9 Submittals. Contractor shall provide DGS with all submittals within twenty-one (21) calendar days and a detailed baseline schedule within fourteen (14) calendar days after Contract Execution is provided by the DGS Contracting Officer.

C.1.10 Hazardous Material. Any toxic substance or hazardous chemical defined or regulated pursuant to federal, state, or local laws relating to pollution, treatment, storage, or disposal of waste, or protection of human health or the environment. Such laws include, without limitation, the

Comprehensive Environmental Response, Compensation and Liability Act, the Resource

Conservation and Recovery Act, the Clean Water Act, the Clean Air Act, and laws relating to emissions, spills, leaks, discharges, releases, or threatened releases of toxic material. The term

Hazardous Materials shall also include petroleum and petroleum bi-products.

C.1.11 Hazardous Material Remediation. Hazardous material remediation shall mean the work performed to remove, treat, and/or dispose of Hazardous Material.

C.1.12 Notice to Proceed. A written notice to proceed, signed by the Department, directing the

Contractor to proceed with the Project or any portion of the Project.

C.1.13 Project Schedule. The schedule for the Project is agreed to by the Project Manager and the

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

C.1.14 Specifications. The Specifications are a portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the work and performance of related services.

C.1.15 Subcontractor. Any person, natural or legal, to whom the Contractor delegates performance of any portion of the work required by the Contract. The term “Subcontractor,” used without a qualifier, shall mean a subcontractor in direct privity with the Contractor. Subcontractors at all tiers” shall mean not only those Subcontractors in direct privity with the Contractor, but also those performing work pursuant to sub-subcontracts, sub-sub-subcontracts, and so on. “Subcontractors” shall include both those who are retained to perform labor only and those who are retained both to perform labor and to supply material or equipment. Subcontractors” shall also include design professionals who are not the Contractor’s employees and to whom the Contractor delegates any part of its responsibilities under the Contract, except those references to “trade Subcontractors” shall exclude design professionals.

C.2 PRECONSTRUCTION ACTIVITIES

Prior to mobilizing the Project site and commencing work, the Contractor shall be required to complete those activities set forth in Section 3A of the Scope of Work (Attachment A). Unless there is a delay in completing the preconstruction, activities are the result of a delay beyond the timeframes set forth herein by the Department, the Project Manager, the Official Code or an event of force majeure, delays in completing the preconstruction activities shall not be considered excusable and shall not justify an extension of the Substantial Completion Date.

C.2.1 Detailed Schedule. Within ten (10) days of the issuance of a Notice to Proceed (“NTP”), the

Contractor shall submit to the Department for its approval a Schedule of Values Form for the Project.

Without a pre-approved schedule of Values, no invoice will be processed. Such schedule shall include a schedule for submittals that is reasonably acceptable to the Project Manager (“PM”). The Project

Manager shall have five (5) business days to review such submittal.

C.2.2 Preconstruction Submittals. The Contractor shall submit to the DGS PM a complete list of all samples, catalog cuts and shop drawings within 10 days of NTP. The Contractor must submit the samples in three (3) copies: two (2) copies to the Architect Of Record (AOR) for review and approval and one (1) copy to the PM. On or before the dates specified in the approved detailed schedule, the

Contractor shall submit any necessary preconstruction phase information to the Project Manager for his review and approval. Unless a different timeframe is established in the approved baseline schedule, the Project Manager shall have twenty-one (21) calendar days to review such documents. In the event the Project Manager finds such documents to be unacceptable, the Contractor shall be required to revise and resubmit such documents. The Contractor shall not commence construction activities unless and until the deliverables listed in Section C.5.6 have been approved by the Project Manager. Any delays that result from any preconstruction submittal resubmissions shall be considered Non-

Excusable.

C.2.3 Safety Plan. Prior to the start of construction activities, the Contractor shall prepare a safety plan for the construction phase conforming to OSHA 29 CFR 1926 and Article 27, Section A of the

Standard Contract Provisions (Construction Contracts) (Attachment N) (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.2.4 Safety Barriers/Fences. As part of its responsibility for Project safety, the Contractor shall install such fences and barriers as may be necessary. The Contractor shall develop a plan that describes the proposed separation and the specific nature of the fences and barriers that will be used. This plan will be submitted to the Department for their review and approval prior to the commencement of construction, and the Project Manager shall have five (5) business days to review such plan. Once such plan has been approved, the Contractor shall comply with it at all times during construction. The

Contractor shall be required to revise the plan as may be reasonably requested by the Department. The cost of revising and complying with the revised plan shall not entitle the Contractor to an increase in the Lump Sum Price.

C.2.5 Site Security. The Contractor shall be responsible for site security and shall be required to provide such watchmen as are necessary to protect the site from unwanted intrusion.

C.2.6 Exculpation. The right of the Department to comment on the Safety Plan and the nature and location of the required fences and barriers shall in no way absolve the Contractor from the obligation to maintain a safe site.

C.2.7 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 (if applicable); (iii) the location of construction entrances; and (iv) parking restrictions and procedures that will apply to the employees of Contractor and its Subcontractors. The Contractor’s storage/laydown area will be limited to the limits of disturbances shown on the Drawings.

C.2.8 Potential Subcontractors and Suppliers. The Contractor shall include with its bid a list of the significant subcontractors that the Contractor intends to engage to perform the work. as well as a general description of each subcontractor’s scope of work. Within five (5) business days after such list is submitted, the Department shall advise the Contractor if it has any objection to any of the listed subcontractors or suppliers. In the event the Department has a reasonable objection to any such subcontractor or supplier, the Parties shall discuss such objection and agree on an appropriate course of action. To the extent the Department rejects a subcontractor that was disclosed in the bid, the

Contractor shall be entitled to an appropriate equitable adjustment as a result of such disapproval.

C.2.9 Preconstruction Phase Deliverables. The following deliverables are required during the

Preconstruction Phase:

1. Detailed Schedule

2. Submittals

3. Safety Plan

4. Site Logistics Plan

5. List of Subcontractors and Suppliers

6. Existing Conditions Survey

C.3 CONSTRUCTION PHASE.

The Construction Phase shall commence when the Department issues a written NTP for Construction.

The Contractor shall construct the work described on the Scope of Work and Specifications including any work that is not specifically shown thereon but is reasonably inferable therefrom or necessary for a fully functioning Project. The work shall be carried out in a good and workmanlike, first-class manner, and in timely fashion. All materials and equipment to be incorporated into the Project shall be new and previously unused, unless otherwise specified, and shall be free of manufacturing or other defects. On or before the dates specified in the approved detailed schedule, the Contractor shall submit any necessary construction phase information (i.e. shop drawings, submittals, sketches, etc.) to the

Architect or the Project Manager for his review and approval. Unless a different timeframe is established in the approved baseline schedule, the Architect/Engineer and/or the Project Manager shall have twenty-one (21) business days to review such documents. In the event the Project Manager finds such documents to be unacceptable, the Contractor shall be required to revise and resubmit such documents. Any delays that result from any construction phase submittal resubmissions shall be considered non-Excusable.

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

a. Participate and assist in Project/Planning meetings.

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

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

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

Manager.

e. 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.

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

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

h. Assemble close-out documents as required.

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

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

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

C.3.2 CBE Subcontractors. The Contractor shall not substitute or replace any Subcontractor or supplier certified by the District of Columbia Department of Small and Local Business Development

(“DSLBD”) without the Department's prior written consent.

C.3.3 Site Observations. The Contractor will be required to visit the site, become familiar with local conditions under which the work is to be performed and correlate personal observations with requirements of the Scope of Work and Specifications. The Contractor shall carefully study and compare the Scope of Work 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 Scope of Work and Specifications; and (3) promptly report errors, inconsistencies or omissions discovered to the Department. Once work is started, the Contractor assumes the responsibility and costs for the work and the cost of correcting work previously installed.

C.3.4 Warranty of the Construction Work. The Contractor warrants to the Department that materials and equipment furnished under the Contract will be of good quality and new unless otherwise expressly permitted in writing, and that for the one (1) year period following the Substantial

Completion Date the construction work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the Construction Documents and/or any approved design documents. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. The Contractor and a representative of the

Department shall walk the Project together eleven (11) months after the Substantial Completion Date to identify any necessary warranty work. In the event the Contractor fails to schedule such a walk, the

Warranty period shall be extended until such time as the Contractor schedules such a walk.

C.3.5 Extent of Responsibility and Site Conditions. The Contractor shall perform existing conditions survey to include exploratory demolition, selective demolition to expose building structure and systems and provide summary report of relevant findings to DGS prior to start the construction work. 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) Prior to commencing construction, the Contractor shall be required to conduct a thorough review of the Project site and the surrounding area and shall document its findings. In the event the Contractor fails to undertake and document such a thorough review, the Contractor shall be deemed to have known of those conditions which a thorough review would have detected. Any Change Request related to Differing Site Conditions shall be made pursuant to the Standard Contract Provisions for Construction Contracts (Attachment N).

C.3.6 Unsafe Materials and Hazardous Materials

C.3.6.1 . The Contractor shall abate and legally dispose of any Hazardous Materials in the demolished facility, in accordance with Environmental Protection Agency (“EPA”) and all jurisdictional agencies’ rules and regulations. The Contractor shall be responsible for all interior and exterior demolition, as required.

C.3.6.2. The Contractor shall not bring, spill or release onto the site asbestos, PCBs, or any other

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

C.3.6.3. The Contractor’s scope of work includes the abatement and removal of hazardous materials found within the existing building. In performing such work, the Contractor shall comply with all laws, including, without limitation, the requirements of the 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 Hazardous Materials beyond those identified in the hazmat report are discovered on the 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 N) 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 Worksite, the Contractor shall immediately inform the Program Manager and the

Department.

C.3.7 Progress Meetings. The Contractor shall schedule and conduct at a minimum bi- weekly progress meetings at which the Department, the Project Manager, the Contractor and appropriate

Subcontractors can discuss the status of the work. The Contractor shall prepare and promptly distribute meeting minutes.

C.3.8 Written Reports. The Contractor shall provide written reports to the Project Manager on the progress of the entire work in accordance at least every other week, including, but not limited to, a baseline schedule and schedule updates with narrative demonstrating the critical path of the Project in

Primavera format. The Contractor shall also maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, major equipment on the site, work accomplished, problems encountered and other similar relevant data as the Department may reasonably require. The log shall be available to the Department, the Architect/Engineer and the

Project Manager and on a monthly basis 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, Clean-Up & Protection of Existing Elements. 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 law including but not limited to any COVID-19-related laws, orders, or regulations, and to remove such at the end of the work and leave the site in broom clean condition; and (ii) be responsible for the security of its tools, equipment and materials that are stored at the site. The

Contractor shall be responsible for the removal and legal disposal of all construction debris. The

Contractor shall protect all existing features, public utilities and other existing structures during construction.

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 three (3) copies of operation manuals or instruction manuals for each piece of equipment, mechanical or electrical system, training videos, and warranties; (iii) as-built record drawings; (iv) environmental, health, and safety documents; and (v) all applicable inspection certificates/permits. The Contractor shall also provide the Department with any shop drawings prepared by the Contractor or its subcontractors along with any other documentation that may reasonably be requested by the Department or its Project Manager.

C.3.12 Cutting and Patching. The Contractor shall be responsible for cutting, fitting or patching required to complete the work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching.

The Contractor shall not damage or endanger a portion of the work or fully or partially completed construction of the Department or separate Contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor is responsible for the replacement, repair or patch of any existing surfaces or materials damaged during construction by its own or subcontractor crew.

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

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

C.3.15 Schedule Updates. The Contractor shall submit bi-weekly schedule updates which shall reflect actual conditions of Project progress as of the date of the update. The update shall reflect the actual progress of construction, identify developing delays, regardless of their cause, and reflect the

Contractor's best projection of the actual date by which Substantial Completion and Final Completion of the Project will be achieved. Via a narrative statement (not merely a critical path method schedule), the Contractor shall identify the causes of any potential delay and state what, in the Contractor's judgment, must be done to avoid or reduce that delay. The Contractor shall point out, in its narrative, changes that have occurred since the last update, including those related to major changes in the scope of work, activities modified since the last update, revised projections of durations, progress and completion, revisions to the schedule logic or assumptions, and other relevant changes. Any significant variance from the previous schedule or update shall also be identified in a narrative, together with the reasons for the variance and its impact on Project completion. All schedule updates shall be in

Primavera 6 format. The Department may make reasonable requests during the Project for changes to the format or for further explanation of information provided. Submission of updates showing that

Substantial Completion or Final Completion of the Project will be achieved later than the applicable scheduled completion date shall not constitute requests for extension of time and shall not operate to change the scheduled completion date. The Department’s receipt of, and lack of objection to, any schedule update showing Substantial Completion or Final Completion later than the dates agreed upon in the project schedule shall not be regarded as the Department’s agreement that the Contractor may have an extension of time, or as a waiver of any of the Department’s rights, but merely as the

Contractor’s representation that, as a matter of fact, Substantial Completion or Final Completion of the Project may not be completed by the agreed upon date in the Project Schedule. Changes to the scheduled completion dates may be made only in the circumstances and only by the methods set forth in the Contract.

C.3.16 Construction Phase Deliverables

1. Progress Meeting Minutes (Section C.6.7).

2. Progress Reports (Section C.6.8).

3. Close Out Documents (Section C.6.11).

4. Copy of Manufacturer Warranties (Section C.6.14).

5. Weekly Schedule Updates (Section C.6.15).

C.4 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 the Contracting Officer, 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 PM determine that either of the events specified in the preceding sentence have occurred, the Department shall provide the Contractor with written notice of such event and the

Contractor shall be required to provide the Department with a corrective action plan that is reasonably designed to address the concerns raised in such notice within three (3) days after receipt of such notice.

If the Department and the Contractor are unable to agree on the terms of such corrective action plan within five (5) days after the issuance of the notice (i.e. with forty eight (48) hours after the receipt of the proposed corrective action plan), the Department shall have the right to direct such acceleration as the Department, in its reasonable judgment, deems necessary. Provided the notice provisions of this

Section are complied with, the cost of any acceleration directed under this Section shall not justify an adjustment to the Lump Sum Price or the Substantial Completion Date. The Contractor hereby 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.5 Walk-Through Inspection

At the achievement of Substantial Completion, the DGS COTR and a representative from MPD shall perform a walk-through inspection in the presence of the Contractor. The Contractor shall prepare a written report stating any deficiencies found during the walk-through, identify the responsible parties, and ensure that all the deficiencies are corrected by the Contractor prior to demobilization. The

Contractor shall not demobilize from the site until receiving written notice, in writing, from the DGS

COTR, to confirm that the deficiencies have been corrected to the DGS COTR satisfaction.

C.6 ADMINISTRATIVE MATTERS

C.6.1 Use of Project Team. The Contractor shall utilize the Department’s ProjectTeam system to submit any and all documentation required to be provided by the Contractor, including, but not limited to: (i) requests for information; (ii) submittals; (iii) meeting minutes; (iv) invoices/applications for payment (full package including all forms required by the Department);(v) certified payrolls (in addition to upload via LCP Tracker); (vi) drawings and specifications; (vii) punch list; and (viii) other documents as may be designated by the Department.

C.6.2 Liquidated Damages. If the Contractor fails to achieve Substantial Completion by the

Substantial Completion Date, the Parties acknowledge and agree that the actual damage to the

Department for the delay will be impossible to determine, and in lieu thereof, the Contractor shall pay to the Department liquidated damages in the amount of Five Hundred Dollars ($500.00) per day for each calendar day of delay for failure to meet the Substantial Completion Date. The Contractor and the Department agree that the liquidated damages do not constitute and shall not be deemed a penalty but represent a reasonable approximation of the damages to the Department associated with a delay in the Project.

C.6.3 Compensation. The Contractor shall be paid its compensation in a series of progress payments and a final payment.