DCAM-26-CS-RFP-0007_-_CMAR_Services_for_the_Heritage_-Final.pdf

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

REQUEST FOR PROPOSALS

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

CONSTRUCTION MANAGEMENT AT RISK SERVICES

FOR

THE HERITAGE – NEW YORK AVENUE SHELTER

Solicitation Issue Date: June 05, 2026

Pre-Proposal Conference and Site Visit:

June 18, 2026, at 11:00 AM

The Heritage – New York Avenue Shelter

1201 New York Avenue NE, Washington, DC 20002

See Section 6.1

Last Day for Questions: June 25, 2026, by 4:00 PM

Proposal Due Date: July 06, 2026, by 4:00 PM

Contact: Sailab Sulemanzai

Contract Specialist, Contracts & Procurement Division

3924 Minnesota Avenue, NE, 5TH floor, Washington, DC 20019

Email: sailab.sulemanzai@dc.gov

Table of Contents

PART 1 - PROJECT INTRODUCTION AND INSTRUCTIONS FOR OFFERORS

PART 2 – PROJECT REQUIREMENTS

PART 3 – EVALUATION AND AWARD CRITERIA

PART 4 – ECONOMIC INCLUSION

PART 5 – PROPOSAL ORGANIZATION AND SUBMISSION

PART 6 – PROCEDURES & PROTESTS

PART 7 – CONSTRUCTION MANAGEMENT AT RISK AGREEMENT

PART 8 – INSURANCE REQUIREMENTS

PART 9 – BONDS REQUIREMENTS

PART 10 – MISCELLANEOUS PROVISIONS

PART 11 – ATTACHMENTS

PART 1 - PROJECT INTRODUCTION AND INSTRUCTIONS FOR OFFERORS

1.0 Procurement Overview

The District of Columbia (“District”) Department of General Services (the “Department” or “DGS”), on behalf of the Department of Human Services (“DHS”), is issuing this Request for Proposals (“RFP”) to engage a contractor to serve as the Construction Manager at Risk (the “CMAR” or the “Contractor”) for the construction of The Heritage – New York Avenue Shelter, located at 1201 New York Avenue

NE, Washington, DC 20002 (the “Project”).

1.1 Project Overview

DHS provides District residents with access to work opportunities, economic assistance, and supportive services. As part of its mission, DHS provides homeless and homelessness prevention services for families, individuals, and youth through short-term family housing, eviction prevention and rental assistance, emergency shelters, and shelter diversion programs. DHS’s operation of the proposed

Project would incorporate both emergency shelter components, as well as wrap-around services to better support residents of the Project.

The Project consists of a 6-story building and includes a medical clinic, dining area, training and educational spaces, storage, and other shared program spaces, as well as building maintenance, environmental, and service spaces throughout the facility. The multi-Purpose Room, with its large adjacent storage area, can be converted to a space that can accommodate an 70+/- bed Hyperthermia

Area during extreme cold weather periods. The Project is being designed to achieve LEED Gold

Certification and meet the Net-Zero Energy requirements.

The Contractor will be required to provide a full range of services required to construct a new facility to meet the Department’s programmatic requirements. All Project documents prepared to date are by

Sorg and Associates, PC, the architect/engineer (the “Architect/Engineer” or “A/E”) and are included as Attachment A. Any synthetic surfaces installed for the outdoor amenities must be accompanied by a certificate of compliance with regulatory standards for all existing public synthetic surfaces, as required by D.C. Code § 10-171.03.

DGS has engaged the A/E to begin the design of a new facility for the Project, so that by the time a

Contractor is selected, the Contractor can provide design feedback and other preconstruction services prior to permitting. The Department expects that as the permit documents are completed by the A/E, the Contractor will obtain quotes from the trade subcontractors and provide a guaranteed maximum price (“Guaranteed Maximum Price” or “GMP”).

The Program of Requirements (Attachment A1) was developed and served as the basis for developing the building design.

1.2 Project Budget and Funding Limitations

Offerors are to base their proposals (“Proposals”) on the Department’s construction costs funding limitation for the Project. The Department has an approved all-inclusive construction budget of $55 million for this Project. The budget includes, but not limited to, pre-construction, construction, and furniture, fixtures and equipment (“FF&E”), and close-out activities for a fully functioning and secure building and surrounding exterior area, upon turn-over to the Department. FF&E includes, but is not limited to signage, security equipment, AV equipment, IT equipment, Distributed Antenna Service

(“DAS”), telephones, and art. Low voltage cabling is included in construction costs.

Offerors shall provide a Construction Contingency of 6% in the GMP for unforeseen conditions. Permit costs, and other regulatory fees beyond the initial building permit carried by the A/E during the Design

Phase which are required to progress the construction, including the wall check fees and certificate of occupancy, are to be carried within the all-inclusive construction budget number.

The Proposal shall also include an Owner Controlled Allowance in the amount of $600,000.00.

1.3 Compensation

As to be more fully described in the resulting contract (the “Contract” or “Agreement”) between the

Department and the Contractor, this RFP will result in the award of a cost plus a fixed fee with a GMP type contract. The Form of Contract (“Form of Contract”) is included as Attachment L. Offerors are not required to submit trade costs nor a proposed GMP with their Proposals. Those costs will be developed later in the Project in accordance with the procedures set forth in Part 2 of this RFP.

1.4 Substantial Completion Date

The Project shall be completed as follows:

1.4.1 The Substantial Completion Date is March 1, 2029 (“Substantial Completion Date”).

For the avoidance of doubt, “Substantial Completion” is defined as follows:

a) The construction and installation work have been completed with only minor punchlist items remaining to be completed;

b) A temporary certificate of occupancy and all other required permits or approvals have been obtained;

c) Draft copies of all operating and maintenance manuals, training videotapes and warranties required by the Agreement have been delivered to the Department and the Client Agency;

d) If applicable, final warranties have been submitted for material and labor for any installed, replaced, or repaired synthetic surfaces;

e) Any supplemental training session required by the Agreement for operating or maintenance personnel have been scheduled;

f) All clean-up required by the Agreement has been completed;

g) The Project is ready for the Department and Client Agency to use it for its intended purpose;

h) All equipment, supplies, materials and items to be installed have been installed in accordance with the manufacturer’s specifications and industry standards and have undergone and passed the requisite testing and inspections; and

i) Certificates of compliance with impact standards (IPEMA) for synthetic surfaces have been submitted to the Department. “Minor punch list items” are defined for this purpose as items that, in the aggregate, can be completed within sixty (60) days without interfering with the Department or Client Agency’s normal use of the Project.

j) Commissioning is complete, and a final punchlist is documented with completion dates established per Section 2.9.1 of the RFP; (11) The Project has obtained DC Department of Health (“DOH”) approval of the kitchen and health suite;

k) The Project has obtained DC Department of Health (“DOH”) approval of the kitchen and health suite;

The Contractor shall be expected to maintain the facility, until the requirements of Substantial

Completion are met regardless of the facility being occupied. The responsibility of maintaining the facility is part of the budget outlined in Section 1.2. Maintenance shall be done according to the

Maintenance and Operations Plan that will be developed during the Design Phase. The Contractor shall work on the Department’s existing warranty and maintenance electronic platform.

1.4.2 The Final Completion Date is May 1, 2029 (“Final Completion Date”).

For the avoidance of doubt, “Final Completion” is defined as follows:

a. All punchlist items are completed within the timeframe specified per Section 2.9.1 of this

RFP (within 60 days of Substantial Completion);

b. All Trainings are completed per Section 2.9.2 of this RFP (within 30 days of Substantial

Completion);

c. All Final Warranties are completed;

d. The Contractor has removed all materials, debris, and equipment from the site;

e. All remaining turnover requirements per Attachment Q (Turnover Manual) of this RFP are complete; and

f. All buy-out records, contingencies, and allowances balance reports are submitted

1.4.3 The Administrative Completion Date is April 30, 2030 (“Administrative Completion Date”).

For the avoidance of doubt, “Administrative Completion” is defined as follows:

a. All invoicing is complete;

b. LEED, Net Zero, and any other applicable certificates are complete; and

c. The Eleven Month Walk is complete per Section 2.9.4 of this RFP.

1.5 Project Delivery Method

The Department intends to implement the Project through a construction manager at risk approach. The scope of work for the Project (“Scope of Work”) will be divided into two phases: (i) Preconstruction

Phase; and (ii) the Construction Phase.

During the Preconstruction Phase, the Contractor will be required to work with the A/E to develop a schedule, budget, and design that accomplishes the Department’s goals and objectives. The Contractor will be required to actively participate in the development of the construction documents by providing cost estimating, scheduling, identifying long-lead purchasing items, and performing constructability reviews and value engineering. The Department expects that the GMP Bid Set (100% CD

Drawings/Permit Set) drawings will be completed by January 15, 2027, at which point the Contractor will be required to obtain quotes from trade subcontractors and provide a GMP based on the approved set of documents. The process by which the GMP will be formed is more fully described in the Form of Contract.

The Project shall be completed and available for occupancy by DHS no later than the Substantial

Completion Date noted in Section 1.4 above. The Department contemplates that construction will begin in March 2, 2027. Abatement, razing, selective demolition, tree protection, remediation work, site enablement, and other long lead items may be released earlier, if necessary.

The Department requires that the trade bidding and the GMP proposal is submitted no later than March

15, 2027. Any shift in the milestone dates must be approved by DGS and must be reflected in an update of the milestone schedule in Section 1.9 below.

1.6 Department Designated Point of Contact

The Department’s sole point of contact (“POC”) for matters related to this RFP is the only individual authorized to discuss this RFP with any interested parties, including Offerors. All communications with the Department’s POC about the Project or this RFP shall be sent in writing to:

Sailab Sulemanzai

Contract Specialist

Department of General Services

Contracts and Procurement Division

3924 Minnesota Avenue, NE, 5th Floor

Washington, DC 20019 sailab.sulemanzai@dc.gov

The Department disclaims the accuracy of information derived from any source other than the

Department’s POC, and the use of any such information is at the sole risk of the Offeror. All communications and requests for information shall be submitted by the Offeror’s point of contact identified in the Proposal. Written communications to the Department from Offerors shall specifically reference the correspondence as being associated with Construction Management At Risk Services for the Heritage – New York Avenue Shelter, DCAM-26-CS-RFP-0007.

mailto:sailab.sulemanzai@dc.gov

Only a duly authorized Contracting Officer shall have the authority to direct the Contractor to start the Project or to issue change orders, contract modifications, or change directives on the

Department’s behalf. The Program Manager and Contracting Officer’s Technical

Representative shall not have the authority to modify any of the rights and obligations of the

Department or the Contractor pursuant to the proposed Contract, or to issue change orders, contract modifications, or change directives.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (“COTR”):

The COTR for the Project is:

Agyei Hargrove

Executive Program Manager

Department of General Services

3924 Minnesota Avenue, NE, 5th Floor

Email: Agyei.hargrove@dc.gov

PROGRAM MANAGER (“PM” or “Project Manager”)

The name and contact information for the Project Manager for the Project is as follows:

Dave Antoine

Project Manager

Department of General Services

3924 Minnesota Avenue, NE, 5th Floor dave.antoine@dc.gov

1.7 Contractor Designated Point of Contact

All Offerors responding to this RFP shall provide the name, address, phone number, and email address of its designated point of contact to the Department’s POC as part of its proposal, as noted in Part 1, Section 1.6. Offerors shall notify the Department of any changes in the Offeror’s designated point of contact’s information. Notification of change(s) may be communicated by email and shall be as soon as practicable following the event(s) causing the change(s). Failure to identify a designated point of contact in writing may result in the Offeror failing to receive post-bid addenda or other important communications from the Department, for which the Department shall not be responsible.

Only a duly authorized Contracting Officer shall have the authority to direct the Contractor to start the Project or to issue change orders, contract modifications, or change directives on the

Department’s behalf. The Project Manager and Contracting Officer’s Technical Representative shall not have the authority to modify any of the rights and obligations of the Department or the

Contractor pursuant to the proposed Contract, or to issue change orders, contract modifications, or change directives.

mailto:Agyei.hargrove@dc.gov

1.8 Procurement Schedule and Project Milestones

1.8.1 Procurement Schedule

The Department anticipates conducting the procurement of the Project in accordance with the

Procurement Schedule. The Procurement Schedule is subject to revision, and the Department reserves the right to modify this schedule as it finds necessary, in its sole discretion.

• Issue RFP: June 05, 2026

• Pre-Proposal Conference and Site Visit: June 18, 2026, at 11:00 AM

• Questions deadline: June 25, 2026, by 4:00 PM

• Proposals due date: July 06, 2026, by 4:00 PM

• Proposal Evaluation and Vendor Selection: On or about September 6, 2026 (projected)

• Notice to Proceed & Letter Contract: On or about September 13, 2026 (projected)

1.8.2 Project Schedule

The Department has established the following milestones for the Project, and Offerors shall base their

Proposals on such milestones.

1.8.2.1 Substantial Completion Date shall be no later than the date set forth in Section

1.4; and

1.8.2.2 If an Offeror proposes a Substantial Completion Date earlier than that shown in

Part 1, Section 1.4, and the Department agrees to such proposed date, such proposed date will be deemed by the Department as the contractual Substantial Completion Date for the Agreement for all purposes.

Project Schedule Business Days from NTP Date

CMAR Kick-Off Meeting 6 September 22, 2026

Submit Baseline Schedule 10 September 28, 2026

Submit Initial Cost Estimate 15 October 5, 2026

Complete GMP Bid Set (by A/E) 81 January 15, 2027

Construction Start 111 March 2, 2027

Complete Trade Bidding 117 March 10, 2027

GMP Proposal Submitted 120 March 15, 2027

VE/GMP Negotiations Completed 125 March 22, 2027

Council Approval of GMP 148 April 22, 2027

Project Substantial Completion Date 607 March 1, 2029

1.9 Selection Criteria

Proposals will be evaluated in accordance with Part 3 of this RFP.

1.10 Economic Inclusion

The Department requires that Local, Small and Disadvantaged Business Enterprises (“LSDBE”) participate in this Project as fully described in Part 4 of this RFP.

In addition to LSDBE participation as described in Part 4 of the RFP, the Department requires that

District residents participate in the Project to the greatest extent possible.

1.11 RFP Documents

The documents included in this RFP consist of this RFP in all of its parts, all addenda, attachments and exhibits contained or identified in the RFP’s sections (collectively, the “RFP Documents”). Each

Offeror shall review the RFP Documents and provide questions or requests for clarification, including but not limited to terms that it considers to be ambiguous or to which it takes exception. Such questions or requests for clarification will be submitted to the Department’s POC within the time specified in

Part 1, Section 1.8.1 of this RFP. The Department will review all questions and/or requests for clarification received and, if deemed appropriate, in its sole discretion, may modify the RFP Documents through addenda. Offerors shall base their Proposals on the terms and conditions of the RFP Documents included in all addenda issued.

The Attachments to this RFP are fully listed in Part 11 of this RFP.

1.12 Obligation to Meet All of the Requirements of the RFP Documents

If awarded the Agreement, the Contractor will be obligated to meet all of the requirements of the RFP

Documents for the Project Budget and within the Agreement schedule.

1.13 Offeror’s Pre-Proposals Responsibilities and Representations

Each Offeror shall be solely responsible for examining the RFP Documents, including any addenda issued to the RFP, and any and all conditions which may in any way affect the Offeror’s Proposal or the performance of the Work on the Project, including but not limited to:

a) Examine and carefully study the RFP Documents, including any addenda and other information or data identified in all of the RFP Documents;

b) Visit the Project site and become familiar with and satisfy itself as to the general, local, and site conditions that may affect the fees required to be submitted with the Offeror’s Proposal;

c) Address all potential impacts with third parties and ensure all such impacts have been included in the Offeror’s Proposal;

d) Become familiar with and aware of all federal, state, and local laws and regulations that may affect the cost, progress, or performance of its work on the Project;

e) Determine that the RFP Documents are sufficient to indicate and convey understanding of all terms and conditions for the performance of Offeror’s work on the Project; and

f) Notify the Department in writing of all conflicts, errors, ambiguities, or discrepancies that Offeror discovers in the RFP Documents.

Any failure to fulfill these responsibilities is at the Offeror’s sole risk and no relief will be provided by the Department.

PART 2 - PROJECT REQUIREMENTS

2.0 Scope of Work

Under this RFP, the Department will engage a CMAR to construct as per the construction documents and provide preconstruction, construction, close-out phases, and post-construction services. The Project shall be complete, operating, and ready for use on or before the Substantial Completion Date and within the

Project’s budget as specified in Part 1, Section 1.2 and Section 1.4 of this RFP.

The Project is located at 1201 New York Avenue NE, Washington, DC 20002. The intent of this Project is to provide a new shelter facility for DHS by constructing a new building on the property. It is strongly recommended that the Offerors review the attachments provided to understand the scope and attend the pre-construction meeting before submitting proposals. A pre-proposal meeting and site visit will be held at the date and location indicated on the cover sheet of this RFP.

The overall scope of the Project includes, but is not limited to:

1. Constructing the new shelter facility and all the interior spaces as described in the construction documents.

2. Evaluating the design for sufficiency, and meeting the requirements, standards, and all cost saving and value engineering options.

3. Performing the site work and installing the landscaping surrounding the building.

4. Implementing all safety measures required prior to and during construction per industry standards and environmental regulations. E.g. Hazardous Material Abatement, removal of any contaminated soil, surveying the site for any obstructions, etc.

5. Preparing a Construction Management plan which includes a construction logistics plan for approval by the Department.

6. Upload all the Project related documentation to ProjectTeam. ProjectTeam is the official depository for DGS projects.

7. The Contractor shall assist the project team in relocating FF&E and other items, as applicable.

The CMAR’s scope will span the Permit, Issue for Construction, Preconstruction, Construction and

Close-out phases of the Project.

The Contractor’s responsibilities shall include, but will not be limited to, the following:

a) To confirm the construction of the Project in accordance with the Contract Documents (“Contract

Documents”).

b) To provide all construction management services necessary to implement the goals of the Project inclusive of, but not limited to, the following: construction management services inclusive of budgeting, cost estimating, value engineering (“Value Engineering”), constructability reviews, scheduling, project administration, management and coordination of subcontractors.

c) To conduct subsurface investigation work as required for the Project.

d) To furnish and provide all materials, management, personnel, equipment, hazardous material abatement, supervision, labor and other services necessary to complete the Project.

e) To furnish and provide FF&E. FF&E procurement schedule to be developed by the Contractor subject to DHS and the Department’s specification, agreement, and acceptance.

f) To provide one (1) year of preventative and corrective maintenance services following substantial completion and using as a basis the recommended maintenance schedule developed to meet Project closeout requirements.

g) To the extent it is applicable, the Contractor shall comply with the Public Facilities Environmental

Safety Amendment Act of 2020 and D.C. Code § 10-171.03.

h) If applicable, the Contractor shall obtain Chapter 2 and Chapter 3 air quality permits, as required by the Department of Energy and Environment (“DOEE”) prior to the installation of a boiler, stationary generator, or any other source of emissions subject to those rules.

i) Provide move-in services for the New York Avenue Shelter per (Attachment X).

2.1 Contractor’s Duties; General Intent

The Contractor will be required to work with the A/E, Department, DHS, and other applicable regulatory agencies to advance the design for the Project and to construct the approved design no later than the Substantial Completion Date. The Contractor will be required to engage in preconstruction efforts to ensure constructability reviews of the design in a manner consistent with the Department’s goals for the Project (e.g., programmatic, budgetary, schedule and quality); to solicit competitive trade bids for the construction work and to develop an acceptable guaranteed maximum price and corresponding scope and schedule for the work; and to implement the requisite construction and other work necessary no later than the dates set forth in this RFP. The Contractor will be required to provide a Project ready for occupancy and shall be responsible for all items of cost except for those items set forth in Part 2, Section 2.12 of this RFP.

2.2 Preconstruction Phase

2.2.1 Initial Deliverables

The Preconstruction Phase will start from the issuance of the notice to proceed through the execution of the GMP amendment (“GMP Amendment”). The Department will issue a notice to proceed for preconstruction services (the “Preconstruction NTP” or “Letter Contract”), attached to the RFP as

Attachment M. Offerors are advised that they are required to submit their Proposals premised upon agreeing to the terms of the Preconstruction NTP. To the extent there are any ambiguities or inconsistencies between this RFP, the Standard Contract Provisions and the Preconstruction NTP, the order of precedence shall be: (i) the Standard Contract Provisions; (ii) Preconstruction NTP; and (iii) the RFP.

The Contractor shall prepare and provide the following initial deliverables:

2.2.1.1 Baseline Schedule. Within ten (10) business days after the Preconstruction NTP is issued, the

Contractor shall prepare and submit a Baseline Schedule for the Project (the “Baseline Schedule”). The

Baseline Schedule shall be subject to review and approval by the Department, and the Contractor shall incorporate such adjustments to the Baseline Schedule as may be reasonably requested by the

Department. The Baseline Schedule shall be prepared in a critical path method (“CPM”) in a sufficient level of detail to permit the Department and the Contractor and any other affected parties to properly plan the Project. The Baseline Schedule shall show: (i) key design milestones and bid packages (to be provided by the A/E); (ii) release dates for long lead items; (iii) release dates for key subcontractors;

and (iv) Substantial and Final Completion Dates. The Baseline Schedule must also be submitted in

Primavera 6 native format and shall be updated by the Contractor, at a minimum, on a bi-weekly basis.

Bi-weekly updates to the schedule should include the original baseline schedule as well to show time difference between planned start and finish dates versus actual start and finish dates.

During the Preconstruction Phase, the Contractor shall monitor the Project’s progress and promptly notify the Department of any delays, regardless of their cause, the causes of such delays, and the

Contractor’s best projection of the effect of such delays on the Project Schedule. The Department's receipt of, and lack of objection to, any schedule update showing a later Substantial Completion or Final

Completion 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, the Project may not be completed by the applicable Substantial or Final Completion Date. The Project Schedule shall be maintained and continuously updated during the Preconstruction, Construction, and closeout Phases

2.2.1.2 Construction Management Plan. The Contractor shall submit a draft of its construction management plan (“Construction Management Plan”) within thirty (30) days after the Preconstruction

NTP is issued to include, but is not limited to, noise control, hours for construction and deliveries, truck routes, trash and debris removal plan, traffic and parking control, communications procedures, emergency procedures, quality control procedures, dust control, public street cleaning and repair, planned occupancy of public ways, erosion control, tree protection plan, vibration monitoring, temporary fire protection measures, Project signage, pest control, construction staging plan, and construction logistics plan.

2.2.1.3 Constructability/Sole Source/Long-Lead Time Memorandum. Concurrently with the

Construction Management Plan, the Contractor shall prepare a memorandum identifying key construction concerns related to the Project. Such memorandum shall: (i) assess the constructability issues related to the Project, including site logistics; (ii) identify any items where the design is predicated on a single manufacturer and, if so, identify at least two (2) comparable products; and (iii) identify any long-lead delivery items that could adversely affect the schedule contemplated in this RFP.

To the extent any such long-lead items are identified, the memorandum shall make recommendations for addressing such items.

2.2.1.4. Subcontractor Bidding Procedures. Proposal shall include: (i) a list of proposed trade packages; (ii) a list of trade subcontractors that will be invited to bid on each such package; and (iii) a narrative description of the process. At least three (3) potential subcontractors shall be identified for each trade package. In addition to the information normally required in such bids, the Contractor shall also require subcontractors to provide an estimate of the percentage of labor hours performed in completing the subcontracted work that will be performed by District residents. A copy of this deliverable shall be provided to both the Program Manager and the Contracting Officer. The Contractor shall have at least one “over the shoulder" review session for each major trade package with the

Architect. These "over the shoulder" review sessions shall be scheduled for such review prior to trade bidding.

2.2.1.5. Value Engineering & Scope Assessment. Based on the trade bids the Contractor shall prepare a written report of suggested Value Engineering strategies necessary to reconcile the costs of constructing the Project with the Department's Project Budget. The Contractor shall meet with the

Department's representatives to discuss any Value Engineering and changes in scope required to bring the project costs within the Project Budget.

2.2.1.6. GMP Formation. Based on any value engineering, scope modifications and approved changes in the Project Budget, the Contractor shall prepare and submit to the Department a GMP proposal. The

Department's GMP proposal shall represent Contractor's offer to fully complete the Project. The GMP proposal shall include: (i) a line-item construction budget; (ii) a detailed CPM schedule; (iii) a listing of the drawings upon which the GMP is based; and (iv) an LSDBE utilization plan. In the event that the Department and the Contractor are unable to agree upon a GMP or schedule for the Project, the

Department shall have the right to terminate the Contract and assume any trade subcontracts held by the Contractor. The GMP shall be subject to review and approval by the Council for the District of

Columbia in the event it exceeds the previously approved Contract value by more than $1 million. In such event, the GMP shall not be effective until so approved.

2.2.1.7 Additional Preconstruction Services. In addition to those items enumerated above, the

Contractor shall provide such preconstruction services as are necessary to properly advance the Project.

These services shall include, but are not limited to, scheduling, estimating, shop-drawings, the ordering of long-lead materials, condition assessments (including 3D reality capture scanning), building stabilization, conservator studies, archeological studies, recommended testing, additional geotechnical testing and monitoring of historic assets. The Contractor shall prepare and submit to the Department a full cost estimate of the current design no later than fifteen (15) days from execution of the

Preconstruction NTP.

2.2.1.8 Disincentive Fee for Failure to Timely Submit Deliverables. The Contractor acknowledges that the Department is engaging the Contractor to provide an extensive level of preconstruction support services to minimize the potential for cost overruns, schedule delays or the need for extensive Value

Engineering/re-design late in the Project and that the deliverables required under this Section 2.2.1 are key to identify the value of such services. In the event the Contractor fails to deliver any of the deliverables required in Section 2.2.1 (and unless such failure is the result of any event of Force

Majeure), the Contractor shall be subject to disincentive fee in an amount of Five Thousand Dollars

($5,000) per day after receiving written notice from either the COTR or the Contracting Officer of failure to submit such deliverables.

2.2.1.9 Permits. The Contractor will be responsible for preparing and submitting all permits and applications for other approvals that are necessary for the construction of the Project. No later than ten

(10) days after the notice to proceed for Preconstruction Services, the Contractor shall prepare and submit a matrix that identifies all permits and land use approvals that are required for the Project to proceed. The matrix should include zoning and other land use entitlements, building permits, as well as trade permits and lane closure permits. The matrix shall identify the specific permit, the date by which such is needed to maintain the Project’s Schedule, and a status column. The matrix shall be updated monthly.

For permits previously submitted by the Department or the A/E, the Contractor shall provide assistance and input, if and as requested by the Department, for all such permits through the review process. The

Contractor shall develop a list of the required permits and shall track the progress of all such permits through the review process. The Contractor shall update the Department with the status of each permit that is required for the Project.

2.2.1.10 Self-Performed Work. The Contractor and its affiliates may not carry out trade work with its own forces without the Department’s written permission, which permission may be withheld or conditioned by the Department in its sole and absolute judgment.

2.2.2 Early Release/Abatement, Razing, & Demolition

2.2.2.1 Abatement, Razing, & Selective Demolition / Exploratory. The Department may release the

Contractor to commence hazardous material abatement, razing, and selective site demolition, or other early activities, as applicable. It is envisioned that this work will be released in advance of the

Construction NTP.

2.2.2.2 Long Lead Materials. The Department will release funding for long-lead items once the Permit

Set/Construction Documents have been approved. If the Contractor believes an earlier release is required in order to meet the Project Schedule, it shall advise the Department and make a recommendation as to the requested release date. Any decision to authorize an early release shall be made by the Department in its sole and absolute discretion.

2.3 Construction Phase

Based on the permitted and approved plans and specifications, the Contractor shall construct the Project.

During the Construction Phase, the Contractor shall be required to cause the Work to be completed in a manner consistent with the design documents approved by the Department and/or by the authorities having jurisdiction and shall provide all labor, materials, insurance, bonds and equipment necessary to fully complete the Project in accordance with the drawings, specifications, schedule and budget that are issued for the Project. The Contractor shall be responsible for paying for and obtaining trade permits, other than the building permit fee, and to pay all necessary fees for utility connections and the like. The work shall be accomplished in accordance with the following:

2.3.1 In order to properly manage the Project, the Contractor shall be required to undertake at minimum the following tasks:

a. Participate and assist in Project/Planning meetings, during all phases and provide a project manager for the entire duration of the Project.

b. Maintain full-time on-site construction supervision and provide daily inspections, quality control, monitoring, coordination of various trade subcontractors, record drawings, and daily work log. It would be required that all records be submitted in ProjectTeam on a weekly basis.

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

d. Participate and assist in A/E led community meetings as support throughout the design phases of the Project.

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

f. Conduct weekly progress meetings following a Contractor generated agenda and meeting minutes with the Program Manager and all trade subcontractors.

g. Provide general safety and signage and posting for the Project and ensure that each subcontractor prepares and submits adequate safety program and monitoring throughout the

Project.

h. Provide a written monthly report that includes: (i) an updated schedule analysis; (ii) an updated cost report; (iii) a monthly review of cash flow; and (iv) a narrative of the work performed.

i. Manage the change order process with the trade subcontractors to verify validity, purpose, and cost.

j. Prepare payment requests, verify accuracy and forward for approval and payment.

k. Manage the change order process with the trade subcontractors, A/E, and Owner’s Project

Requirements (OPR”) to verify validity, purpose, and cost.

l. Assemble close-out documents required, including an O&M Manual.

m. Provide assistance to DHS and DGS through any applicable warranty periods.

n. Take control of the site and install the necessary construction fences and other devices to properly secure the site. It is anticipated that this will occur when the Construction Phase begins. The Contractor’s storage/laydown area will be limited to the limits of disturbance shown on the approved construction plans. Additionally, the Contractor is responsible for safety of equipment on site and must follow guidelines spelled out in Section 2.5.2.

o. Abate hazardous materials, if required, in accordance with Environmental Protection

Agency (“EPA”) and all jurisdictional agencies.

p. The CMAR shall be responsible for all interior and exterior demolition necessary to complete the Project.

q. The CMAR shall be responsible for paying all permits and fees associated with the abatement, demolition, utilities abandonment, and utility relocation.

r. Salvage and store all items as identified by the Department.

s. Pay all permits and fees associated with the Project, other than the building permit fees.

t. Provide all required insurance and performance and payment bonds before issuing the NTP.

u. Remove the balance of construction debris off site in accordance with all applicable rules and regulations of those jurisdictions having authority.

v. The CMAR shall be responsible for preparing the new facility for turnover.

2.3.2 The CMAR shall be required to undertake, at a minimum, the tasks described below:

Take control of the site and install the necessary construction fences and other devices to properly secure the site. It is anticipated that this will occur when the Construction Phase begins. The CMAR’s storage/laydown area will be limited to the limits of disturbance shown on the approved construction plans. Additionally, the CMAR is responsible for safety of equipment on site and must follow guidelines spelled out in Section 2.5.2.

2.3.2.1 Abate hazardous materials, if required, in accordance with EPA and all jurisdictional agencies.

2.3.2.3 Salvage and store all items as identified by the Department.

2.3.2.4 Pay all permits and fees associated with the Project, other than the building permit fees.

2.3.2.5 Provide all required insurance and performance and payment bonds.

2.3.2.6 Remove the balance of construction debris off site in accordance with all applicable rules and regulations of those jurisdictions having authority.

2.3.3 Drawings & Specifications. All of the Work shall be constructed in strict compliance and in accordance with the final Construction Documents issued for and approved by the Department.

2.3.4 Compliance with Other Requirements. In performing the Work, the Contractor and its subcontractors shall comply with all of the applicable provisions of the Standard Contract Provisions and the requirements set forth in Section 2.5 (Site Safety), Section 2.7 (Workhours; Coordination with the District.), and Section 2.8 (Quality Control Plan) of this RFP.

2.3.5 Site Office. Throughout the Work, the Contractor shall provide and maintain a fully equipped construction office on the Project site.

2.3.6 Supervision. Throughout the Work, the construction office shall be managed by personnel competent to oversee the Work at all times while construction is underway. Such personnel shall maintain full-time, on-site construction supervision and provide daily inspections, quality control, monitoring, coordination of various trades, record drawings, and daily work log.

2.3.7 Weekly Progress Meetings. Throughout the Work, the Contractor shall conduct weekly progress meetings following the Contractor’s generated agenda with the Department’s Program Manager and key trade subcontractors. The Contractor shall draft and circulate the meeting minutes on a weekly basis.

2.3.8 Move-in Assistance. The Contractor shall assist the project team in relocating FF&E and other items, as applicable, as further described in Attachment X. The GMP shall include an allowance and

Scope of Work for these activities.

2.3.9 Delay Liquidated Damages. If the Scope of Work is not substantially complete by the Substantial

Completion Date, the Contractor shall be subject to liquidated damages in the amount of Three

Thousand Dollars ($3,000) per day. These damages shall not apply if the delay is the result of Force

Majeure and the Contractor otherwise complies with the provisions set forth in the Agreement and

Standard Contract Provisions.

2.3.10 Hazardous Materials. The Contractor’s Scope of Work includes the abatement and removal of hazardous materials found anywhere on or within the Project site. In performing such work, the

Contractor shall comply with all laws, including, without limitation, the requirements of the

Environmental Protection Agency and all jurisdictional agencies and 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 ten (10) 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 ten (10) years after

Substantial Completion of the Project. The Contractor’s obligations under this Section 2.3.10 shall include signing (as the agent for the Department) any manifests required for the disposal of hazardous materials.

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

2.4 Reserved.

2.5 Site Safety

2.5.1 General Responsibility. The Contractor shall provide a safe and efficient site, with controlled access. As part of this obligation, the Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Project, and shall comply with the requirements set forth in Article 16, Section F of the Standard Contract Provisions.

2.5.2 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 (such plan, the “Safety Plan”). This

Safety Plan developed by the Contractor shall describe the proposed separation and the specific nature of the safety measures to be taken including fences and barriers that will be used and the site security details. This Safety Plan will be submitted to the District for their review and approval prior to the commencement of construction. Once the Safety Plan has been approved, the Contractor shall comply with the plan at all times during construction. The Contractor shall be required to revise the Safety

Plan as may be requested by the Department or DHS. The cost of revising and complying with the plan shall not entitle the Contractor to an increase in the GMP. The Contractor will not be permitted to commence the Construction Phase until the Safety Plan is submitted and in no event shall any resulting delay constitute an excusable delay. Additionally, the Contractor shall comply with the requirements of Article 27, Section A of the Standard Contract Provisions.

2.5.3 Safety Barriers/Fences. As part of its responsibility for Project safety, the Contractor shall install such fences and barriers as may be necessary to separate the construction areas of the site from the public. The Contractor shall describe in the Safety Plan the proposed separation and the specific nature of the fences and barriers that will be used.

2.5.4 Site Security. The Contractor shall be responsible for site security and shall be required to provide necessary measures to protect the site from unwanted intrusion, including but not limited to soliciting the services of the District’s Protective Services Division (PSD) to provide additional security of the site if necessary.

2.5.5 Exculpation. The right of the Department and DHS 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.

2.5.6 Temporary Power and Construction. The Contractor shall be responsible for the cost of temporary power used during the construction of the Project, including, but not limited to, the cost of installing such temporary wiring as may be required to bring power to the site. The Contractor shall also be responsible for the cost of all temporary construction necessary on the site.

2.5.7 Site Cleanliness. During the Agreement performance and/or as directed by the Department, as the installation is completed, the Contractor shall ensure that the site is clear of all extraneous materials, rubbish, or debris.

2.6 Reporting Requirements

The Contractor shall be required to submit the following reports:

2.6.1 Monthly Report. The Contractor shall provide written reports to the Department on the progress of the entire Work at least monthly from Preconstruction NTP until Final Completion of the Project.

The monthly report shall include: (i) an updated schedule analysis, including any plans to correct defective or deficient work or recover delays; (ii) an updated cost report; (iii) a monthly review of cash flow; (iv) a quality control report; and (v) progress photos.

2.6.2 Bi-Weekly Schedule Updates. The Contractor shall provide a Baseline Schedule update to the

Department, on the progress of the entire Work at least bi-weekly, in the same format set forth in

Section 2.2.1.1 of this RFP. The update shall reflect the actual progress of the Project, identify developing or potential 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.

The Contractor shall also state what must be done to avoid or reduce that delay, 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.

2.6.2.1 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 of sufficient detail to allow the Department to fully understand the anticipated activities to be ongoing and complete.

2.6.3 Use of ProjectTeam. The Contractor shall utilize the Department’s ProjectTeam system to submit any and all documentation required to be provided by the Contractor for the Project, including or other web-based document management 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) punchlist; and (viii) other documents as may be designated by the Department.

2.6.4 Invoice Submittal. The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The Contractor shall submit proper invoices on a monthly basis. To constitute the required documentation for the invoice per Article 8 of the Standard Contract Provisions, the Contractor shall enter all required information into the Portal after selecting the applicable purchase order number which is listed on the Contractor’s profile.

2.7 Workhours; Coordination with all parties and Community

2.7.1 Workhours. The Contractor shall comply with the Noise Ordinance and neither it nor its subcontractors shall undertake work on the Project site other than at the times and sound level permitted by the Noise Ordinance.

2.7.2 Parking. Parking is scarce. The Contractor shall organize its work in such a manner so as to minimize the impact of its operations on the surrounding community. To the extent that the number of workers on the site is likely to have an adverse impact on neighborhood parking, the Contractor shall develop a parking plan for those individuals working on the site that is reasonably acceptable to the

Department.

2.7.3 Wheel Washing Stations. The Contractor shall provide wheel washing stations on site to prevent the accumulation of dirt and other refuse on the streets surrounding the Project site.

2.7.4 Outreach Plan. The Contractor shall keep the Department informed of the construction activities and their potential impact on the community.