DCSC-19-RFP-196_HCMCB_Renovate_C_Street_Level_USMS_East_Office_Final.pdf

a0SOLICITATION, OFFER, AND AWARD

HCMCB Renovate C Street Level USMS East Office

Page of Pages

1 65

2. Contract Number

3. Solicitation Number

DCSC-19-RFP-196

4. Type of Solicitation Sealed Bid (IFB) Sealed Proposals (RFP)

5. Date Issued

08-05-2019

6. Type of Market Open Set Aside

7. Issued By

District of Columbia Courts Capital Project Facilities Management Division 616 H Street, N.W., Room 622 Washington, DC. 20001

8. Address Offer to:

District of Columbia Courts Administrative Services Division Procurement and Contracts Branch 701 7th Street, N.W., Suite 615

Washington, D.C. 20001 ATTN: Kenneth L Evans Jr

NOTE: In the sealed bid, solicitations “offer” or “Contractor” means “bid or “bidder.”

SOLICITATION

9. THE DISTRICT OF COLUMBIA COURTS REQUIRES PERFORMANCE OF THE WORKS DESCRIBED IN THESE DOCUMENTS (Title, date) A Pre-Proposal Conference and a Pre-Bid Site visit will be held on August 12, 2019, at 10:00 AM local time. Offerors shall meet at 10:00 AM at Gallery Place 616 H Street, NW Room 617.

Offerors shall provide the following information no later than August 09, 2019, for all attendees to (e-mail): Kenneth.Evans@dcsc.gov

a) Full name of the attendee

b) Name of the company the attendee is affiliated with

10. The Contractor shall begin performance within __20_____calendar days and complete it within _365_calendar days after receiving the notice to proceed.

11. THE CONTRACTOR MUST FURNISH ANY REQUIRED BID, PERFORMANCE, PAYMENT AND WARRANTY BONDS Bid Bond Yes__X___ No____ _5__% of the total amount of their proposal

Performance and Payment Bond Yes__X__ No____ _100_% Within __5___ Calendar days after receiving the notice to proceed Warranty Bond Yes__X__ No____ _NA__% Within _ NA___ Calendar days after final acceptance

12. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and __5__ copies to perform the w ork required are due at the place specified in Item 8 by September 4, 2019, at 3:00 PM (date).

b. Proposals shall be submitted in two parts, titled "Technical Proposal" and "Price Proposal." A soft copy of the entire proposal should accompany the package. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

CAUTION: See Section L.1.2—Proposal submission date and time, and late submissions, late modification, withdrawal or modification of proposals and late proposals. All offers are subject to all terms & conditions contained in the solicitation

13. For Information Contact

A. Name B. Telephone C. E-mail Address

Kenneth L. Evans Jr (Area Code) (202)

(Number) 879-8776

(Ext)

Kenneth.Evans@DCSC.gov

14. Table of Contents

(X) Section Description Page No.

(X) Section Description Page No.

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A Solicitation/Contract Form 1 X I Contract Clauses 41

X B Supplies or Services and Price/Cost 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C Specifications/Work Statement 5 X J List of Attachments 47

X D Packaging and Marking 12 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 13 X

K

Representations, certification and other statements of Contractors

X F Deliveries or Performance 14

X G Contract Administration Data 19 X L Instructions, conditions & notices to Ccontractors

X H Special Contract Requirements 30 X M Evaluation factors for award 64

15. In conjunction with the above, the undersigned agrees, if this offer is accepted within _____NA________ calendar days from the receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.

SOLICITATION, OFFER, AND AWARD (Continue d) (Construction, Alteration, or Repair)

15A.

Name and Address of Contractor

15D. Name and Title of Person Authorized to Sign Offer/Contract

15B. Telephone 15 C. Check if remittance address is different from above – Refer to section G

15E. Signature and Corporate Seal

(Area Code)

(Number)

(Ext)

All written communications regarding this solicitation should be addressed to the Contracting Officer at the mailing address listed on page 1.

SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES, AND PRICE/COST

B.1 CONTRACT TYPE: The District of Columbia Courts is seeking a qualified contractor to provide construction services as specified in this solicitation. The Court is to award a Firm Fixed Price (FFP)

Contract for construction services for the C Street Level USMS East Office Project located at the H.

Carl Moultrie Courthouse, at 500 Indiana Avenue, NW.

B.2 SERVICES

The Contractor shall provide all professional, technical, supervision, labor, materials, and equipment for the construction of the USMS East Office.

As the C Street Addition Phase 2A is complete, the US Marshals Service Administrative Office will migrate from Suite C600 in the Moultrie Courthouse to their completed space in Suite C120 on the C

Street Level West. The General Contractor will be responsible for the coordinating with the Courts furniture vendor during re-installation of systems furniture.

A new Security Closet has been constructed near the north suite entrance and the equipment must be replaced or moved to the new location by Johnson Controls, the Courts Security vendor.

The scope of the USMS Renovations project includes the coordination of equipment migration into the closets with Johnson Controls and the USMS IT staff. The new office space which is adjacent to the office currently occupied by the USMS Tactical Squad, will have additional enclosed Offices and Open Office stations.

B.3 OFFEROR SCHEDULED CONSTRUCTION

The Contractor shall submit a complete project schedule which shows the sequence in which the

Contractor proposes to perform all contractual aspects of the work and includes the dates on which the Contractor projects starting and completing all activities. The schedule shall be completed by the

Contractor and will be considered a part of the Construction Project Bid-Offer.

Milestone Calendar Days After

NTP

Mobilization 45

Substantial Completion 300

Final Completion 365

B.4 PRICE

The Contractor shall perform all efforts in accordance with the requirements of this contract for the

RFP below and as further specified in the Contractor’s pricing proposal. This RFP shall include all direct labor, materials, communication, production and other direct costs as well as all indirect costs, subcontractor costs, commissions, and any other profit and expenses for which the Contractor expects payment. No additional charge shall be made by the Contractor for the requirements of this

Contract, including source and documentation, error correction, or expense for any other materials or services to be performed hereunder unless specified otherwise. The Contractor shall also guarantee said offered price and itemized pricing, free from any change, for one hundred twenty days from the date of the submission of its proposal. The options will or will not be exercised at the time of the award.

The Offerors shall submit pricing and cost information for each Contract Line Item Number (CLIN) listed in the Price Schedules listed in this section. CLINS shall be fully loaded for labor and materials, including direct and indirect cost. For evaluation purposes, the offeror shall also submit the itemize pricing found in Attachment K.1 and Attachment K.2 (unit prices).

B.4.1 PRICE SCHEDULE

Refer to Sections K, Attachment K.1

B.5 ADDITIONAL PRICING INCLUSIONS

B.5.1 The Contractor shall provide full-time dedicated Project Management throughout the duration of the project for such items including, but not limited to, daily site walkthroughs and weekly progress meetings.

B.5.2 The Owner’s contracted Construction Manager (CM) will manage the necessary quality assurance inspections. This does not relieve the general contractor from performing Quality Control (QC) in accordance with their approved plan. The Contractor will be responsible for all required coordination and inspection.

B.5.3 The Courts will provide Site Security Officers (CSOs) during the construction portion of each phase of the project.

B.5.4 The Offeror shall include an allowance of $10,000 in the Offer to cover the use of Courts Site

Security Officers (CSOs) during the construction portion of each phase of the project. The Offeror shall be required to provide monthly invoices and detailed explanations in order to support the use of the CSOs. The assumed CSO company rate is $59.82 per hour. (See Section B.4.1 CLIN 000)

(Attachment K line 147).

B.5.5 The Offeror shall include allowances for the following:

Hazardous Material Abatement $50,000

B.6 AUTHORIZED WORK DAY / WEEK

B.6.1 The Contractor should build their construction schedule reflect weekday work from 6 PM to 6 AM

(Monday-Friday). Some work will be required to be performed on the weekend. Weekend work will require a work plan to be submitted and approved in advance. Weekend hours are typically 6 AM-3

PM unless limited or prohibited by Court's weekend activities.

B.6.2 Legal holidays: No work shall be done at any time on legal holidays except with the written permission of the Contracting Officer and the DCSC.

New Year’s Day

Birthday of Martin Luther King, Jr. Labor Day

President’s Day Columbus Day

D.C. Emancipation Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

B.6.3 Weekend and Weekday Overtime work hours: contractor must advise prior to need for overtime hours and coordinate with security. Security is also needed for entrance into any secure area. Hours for utility shutdowns: Refer to requirements of Attachment J.21 Project Manual: Article “Summary”

Spec Section 011000, Para. 1.11.

B.6.3 Hours for core drilling and Noisy activity: after 7 PM and halt before 6 AM during the weekdays and weekends

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SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE OF WORK:

The District of Columbia Courts (hereafter referred to as the “Courts”) is seeking a qualified contractor to provide construction services as specified in this solicitation for the C Street Level

USMS East Office Project located at the H. Carl Moultrie Courthouse, at 500 Indiana Avenue, NW.

C.2 APPLICABLE DOCUMENTS

Item No.(s) Document Type Title Date

D0001 DC Courts DC Courts General Contract

Provisions

April 2007

D0002 DC Courts Procurement Guidelines of the

DC Courts

March 31, 2017, as amended

D0003 DC Courts General Conditions of the

Contract for Construction

November 2016

D0004 DC Courts Sexual Harassment Policy July 21, 1999

D0005 DC Courts Construction Documents for

Interior Improvements: C

Street Level USMS East Office

April 25, 2019

D0006 DC Courts USMS East Furniture

Specifications

March 5, 2019

D0007 DC Courts Audio Visual Standards September 26, 2018

D0008 DC Courts Information Technology

Standards

March 5, 2019

C.3 DEFINITIONS

C.3.1 SECTION NOT USED

C.3.2 Final Project Completion is defined as the date when paperwork and close out documentation has been submitted for review, approved, and accepted by the Courts.

C.3.3 Written Amendments and/or graphic instruments are issued by the Contracting Officer prior to the execution of the Contract that modifies or interpret the Offering Documents by additions, deletions, clarifications or corrections.

C.3.4 An Offeror is a person or entity that submits an Offer and meets the requirements set forth in the

Offering Documents.

C.3.5 An Offer is a complete and fully executed proposal that explains Work to be performed for the sums stipulated therein, submitted in accordance with the Offering Documents.

C.3.6 A Unit Price is an amount stated in the Offer as a price per unit of measurement for materials, equipment and/or services, or a portion of the Work as described in the Offering Documents.

C.4 BACKGROUND/GENERAL

The Moultrie Courthouse was constructed in the mid-1970s and completed in 1978. It is situated at

Indiana Avenue between C and D Streets. It sits on a plaza connecting C and D Streets that it shares with the DC Metropolitan Police Department. The Courthouse and its associated green spaces occupy the majority of the block. The Courthouse is within two blocks of the Judiciary Square

Metro Station, accessed at 441 4th Street, NW. The National Archives Metro Station on

Pennsylvania Avenue is also within two blocks.

The site slopes up from C Street to Indiana Avenue, with an approximate 34 foot change in elevation. Because of the change in elevation, the building has three entrance levels—the major entrance on Indiana Avenue facing Judiciary Square, an entrance on the plaza at the John Marshall

Level primarily serving the Family Court, and below at C Street, the third public entry. There are no utility or transportation easements encumbering the property.

The USMS Renovations Project is located on the C Street Level of the Moultrie Courthouse in the remaining portion of Suite C600, north of the C Street Addition project line. Originally renovated in

2009 as part of the a four year phased renovation of the US Marshals Service administrative suites, Adult Holding and the Arraignment Court, additional renovations are required to relocate the IT and

Security Equipment Closets or of the C Street Addition Construction Zone. Additionally, the renovation would provide additional office space for new functions adjacent to the new Training

Room being completed in the C Street Addition and provide office space for the new functions adjacent to the new Training Room being completed in the C Street Addition Phase 2B Project

Scope.

C.5 BUILDING DESCRIPTION

The Superior Court of the District of Columbia and its many supporting functions are located in the

H. Carl Moultrie Courthouse. The eight story building is the Court’s largest facility comprising

680,000 gross square feet, containing over 90 courtrooms and hearing rooms and is the focus of most court activities. There is also a full level of parking below. The building is currently undergoing renovations recommended in the initial 2002 Facilities Master Plan and 2009 addendum. The

Moultrie Courthouse is a steel frame building clad in limestone panels with vertical window panels arranged in recessed niches.

The Moultrie Courthouse consists of two building masses, a smaller one on the west side and a large one on the east, connected by an atrium that serves at the main entry and circulation point. The escalators and elevators in the atrium provide the bulk of the vertical circulation throughout. The lobbies from both Indiana Avenue and C Street open unto this spine.

Along C Street on the south side of the Courthouse, a major addition is being built in phases along the length of the existing building at a height of 6 floors. All below ground work for that addition is complete and the west half of the addition has been constructed. Construction for the completion of the addition (Phase 2B) will commence later this year.

The first section of the addition is now complete and the last phase will bring the total building size to 944,500 gross square feet. The addition is seamlessly integrated into the existing building along its length. It complements the original building in massing, limestone façade and articulated vertical windows. One two-story section cantilevers from the building face and its glass façade highlights the courtroom and public-use components within.

C.6 DESCRIPTION OF SERVICES

C.6.1 The work of the project is defined by the drawings and specifications outlined in C.2.

C.6.2 It is a requirement that the Contractor must provide and be responsible for all components not supplied by Owner; the Contractor is to be the single point of accountability and the responsible party for the entire system in accordance with the Contract Documents.

C.6.3 The Contract Documents forms the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a

Modification.

C6.4 Services shall include testing and abatement of hazardous materials.

C6.5 Design, furnish, and install all furniture and miscellaneous equipment. Contractor is responsible for all power and data connections to the furniture.

C6.6 Design, furish, install, and test all infrastructure and wiring for low voltage requirements. The

Court’s preferred low voltage contractor is Vision Tech.

C6.7 Design, furish, install, and test all infrastructure and wiring for audio visual requirements. The

Court’s preferred low voltage contractor is RCI.

C.6.8 Organization of the Specifications into divisions, sections and articles, and arrangement of

Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

C.6.9 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings in the District of Columbia.

C.6.10 The Contractor shall keep on the work site a copy of Contract Drawings and Specifications and shall always give the Contracting Officer, or authorized individuals access thereto. Anything mentioned in the Specifications but not shown on the Contract Drawings or shown on the Contract Drawings but not mentioned in the Specifications shall be of like effect as if shown or mentioned in both.

C.6.11 All Contract requirements are equally binding. Each Contract requirement, whether omitted elsewhere in the document, is binding as though occurring in any or all parts of the Contract.

C.6.12 In case of discrepancy:

1. The Contracting Officer shall be promptly notified in writing of any error, discrepancy or omission, apparent or otherwise.

2. Applicable Federal and D.C. Code requirements have priority over the Contract Form, General Provisions, Labor Provisions, Change Orders, Amendments, Contract Drawings, Special Provisions, and Specifications.

3. The Contract Form, General Provisions, and Labor Provisions have priority over: Change

Orders, Amendments, Contract Drawings, Special Provisions, and Specifications.

4. Change Orders have priority over Exhibits, Contract Drawings, and Specifications.

5. Amendments to the contract and change orders have priority over Contract Drawings, Special Provisions, and Specifications. A later dated Amendment has priority over earlier dated Amendments.

6. Special Provisions have priority over Contract Drawings and Specifications.

7. Shown and indicated dimensions have priority over scaled dimensions.

8. Original scale drawings and details have priority over scaled dimensions.

9. Large scale drawings and details have priority over small scale drawings and details.

10. Specifications have priority over Drawings.

11. Schedules have priority over Specifications.

C.6.13 Any adjustment(s) by the Contractor without a prior determination by the Contracting Officer shall be at his own risk and expense.

C.7 DIVISION OF RESPONSIBILITIES

C.7. 1. Contractor Responsibilities: The successful Contractor shall be responsible for performing all the work stipulated in this Solicitation. The scope of work (SOW) includes construction, maintenance during construction, site security, temporary structures and utilities, health and safety of the public, workers and subcontractors, project management, project scheduling, quality control/quality assurance for design and construction, materials sampling and testing, obtaining trade permits, coordination and design assistance for removal, clean up, and disposal of all unnecessary materials, as well as coordinating with The Courts and the appropriate designated

Construction Manager.

C.7.2. Construction Manager, (CM): A CM will be assigned to represent The Courts as the onsite representative that will perform oversight responsibilities, which include management and construction oversight activities of the Contractor’s operations and ensure that the final project results satisfy the Court’s and that the Contractor meets the contract requirements. The CM oversees, informs and advises The Court’s of the Contractor’s conformance or not with the contract requirements.

C.7.3. Owner: The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in this document, the Architect and Construction Manager do not have such authority. The term

"Owner" means the Owner or the Owner's authorized representative. The term “Court” shall depending on how that term is defined elsewhere in this contract, mean the Superior Court of the

District of Columbia, the District of Columbia Court of Appeals, or the District of Columbia

Court System. The term “District of Columbia Government” shall mean all the branches of the government of the District of Columbia, including the District of Columbia Courts.

C.7.4. Contracting Officer: The DC Courts’ Court Contracting Officer who has the appropriate contracting authority is the only DC Courts official authorized to contractually bind the DC

Courts through signing contract documents.

C.7.5. Contracting Officer’s Technical Representative (COTR): The COTR is responsible for general administration of the contract and advising the Contracting Officer as to the Offeror’s performance or nonperformance of the contract requirements. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract.

C.8 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

C.8.1 Since the Contract Documents are complementary, before starting each portion of the Work, the

Contractor shall carefully study and compare the various Drawings and other Contract

Documents relative to that portion of the Work, as well as the information furnished by the

Owner, shall take field measurements of any existing conditions related to that portion of the

Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the

Owner and Construction Manager as a request for information in such form as the Owner may require.

C.8.2 The exactness of grades, elevations, dimensions, or locations given on the Construction

Documents, or the work installed by other contractors, are not guaranteed by the Owner. The

Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions, and locations. In all cases of interconnection of its Work with existing or other work, it shall verify at the site all grades, elevations, dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify all such grades, elevations, dimensions or locations shall be promptly rectified by the Contractor without any additional cost to the Owner.

C.8.3 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Owner, but it is recognized that the Contractor's review is made in the

Contractor's capacity as a Contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents.

C.9. SUPERVISION AND CONSTRUCTION PROCEDURES

C.9.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the

Work under the Contract.

C.9.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors.

The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.

C.10. LABOR AND MATERIALS

C.10.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the

Work.

C.10.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Owner and in accordance with a Change Order.

C.10.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Contractor shall only employ or use labor in connection with the Work capable of working harmoniously with all trades, crafts and individuals associated with the Project. The Contractor shall use its best efforts to minimize the likelihood of any strike, work stoppage or other labor disturbance.

C.10.4 No materials furnished by the Owner shall be applied to any other use, public or private, than that for which they are issued to the Contractor. The full amount of the cost to the Owner of all materials furnished by the Owner to the Contractor and for which no charge is made, which are not accounted for by the Contractor to the satisfaction of the Contracting Officer, will be charged against the Contractor and his sureties and may be deducted from any moneys due the

Contractor, and this charge shall be in addition to and not in lieu of any other liabilities of the

Contractor whether civil or criminal. Materials furnished by the Owner for which a charge is made at a rate mentioned in the specifications will be delivered to the Contractor upon proper requisitions therefore and will be charged to his account.

C.9. 5 Should the Contractor cause damage to work or property of The Court’s or to other work at the site, the Contractor shall promptly remedy such damage, at no additional cost to Employer.

C.9.6 Upon award of the contract and approval of the performance schedule, by the Contracting

Officer’s Technical Representative (COTR), the Contractor shall begin construction on the date established in the Agreement.

C.10. SITE ACCESS

No other area besides the project limits of disturbance will be designated as a mobilization or lay-down area. Refer to Spec 01 5000 (Temporary Facilities and Controls)

C.11 DEVIATIONS AND SUBSTITUTIONS TO THE ACCEPTED DESIGN

Owner approval is required for any proposed deviation or substitution from the accepted design which still complies with the contract before the Contractor is authorized to proceed with material acquisition or installation. The Owner reserves the right to non-concur with any deviation from the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

C.12 THIS SECTION IS NOT USED

C.13 CONTRACTOR REQUIRED EXPERIENCE

C.13.1 Firms should have the following experience:

a) Contractor shall have proven experience to have worked on secure facilities

b) Contractor should have at least 7 years of experience

c) Contractor should demonstrate to have managed projects in the range of $2,000,000 to

$5,000,000.

C.13.2 Refer to Section H.5 for additional information and requirements

C.14 KEY PERSONNEL ON SITE

C.14.1. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and written communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing.

Other communications shall be similarly confirmed on written request in each case.

The Contractor is required to provide the supervisory and project management staff, as indicated in the proposal presented for this Project. Failure to provide those staff members, without prior approval of the Contracting Officer will be considered a material breach of the Contract.

The Owner has the right to approve the Contractor’s primary supervisory and project management staff. The Contractor may not remove any primary supervisory or project management staff without the written approval of the Owner. However, the Contractor will promptly remove from the project any of the Contractor’s staff to whom the Owner has a reasonable objection.

Qualifications

a) Project Manager and Field Superintendent -10 years of experience on projects of similar size and complexity

b) Quality Control and Safety experience

c) OSHA 30hr Certification

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SECTION D: PACKAGING AND MARKING

THIS SECTION IS RESERVED AND NOT APPLICABLE TO THIS SOLICITATION*

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES:

E.1.1 “Services” as used in this clause includes services performed, workmanship, and material furnished or utilized in the performance of services.

E.1.2 The Contractor shall provide and maintain an inspection system acceptable to the Court covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Court during contract performance and for as long afterward as the contract requires. The COR has been delegated the authority to inspect and accept all services, reports, and required deliverables or output with the advice or assistance of the oversight independent contractor.

E.1.3 The Court has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Court will perform inspections and tests in a manner that will not unduly delay the work.

E.1.4 If the Court performs inspections or tests on the premises of the Contractor or subcontractor, the

Contractor shall furnish, without additional charge, all reasonable facilities and assistance for the safety and convenient performance of these duties.

E.1.5 If any of the services do not conform to the contract requirements, the Courts may require the

Contractor to perform the services again in conformity with the contract requirements, at no increase in the contract amount. When the defects in services cannot be corrected by performance, the Courts may:

A) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

B) Reduce the contract price to reflect the reduced value of the services performed.

E.1.6 If the Contractor fails to promptly perform the services again or take the necessary action to ensure future performance in conformity with the contract requirements, the Courts may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Courts that is directly related to the performance of such service or (2) terminate the contract for default.

[END OF SECTION E]

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT:

F.1.1 The term of the contract shall be for a period of twelve (12) months from the date of the Notice to

Proceed signed by the Contracting Officer. Should extension to the contract term be required, the

Courts, at its discretion, will modify the existing contract to extend the contract period. The anticipated period of performance is January through December.

F.1.2 Liquidated damages will be assessed for late performance in accordance with Section H.14

“Liquidated Damages.”

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 Time Extensions:

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause a delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.3. DELIVERABLES

F.3.1 All Deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall provide to the CM the deliverables specified below within the designated time frame(s).

F.3.1.1 The Contractor shall prepare and keep current, for the CM’s approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the CM reasonable time to review submittals in accordance with the Division 013300.

F.3.2 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the CM.

F.3.3 Schedules for Construction Contracts

F.3.3.1 The Contractor shall, no later than fourteen (14) days after the Notice to Proceed, prepare and submit to the CM for approval three copies of a practicable schedule showing the order in which the

Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the work. The Contractor shall comply with the scheduling requirements set forth in Specifications Section 013216. If the Contractor fails to submit a schedule within the time prescribed, the CM may recommend to the Contracting Officer may withhold approval of progress payments until the schedule is approved.

F.3.3.2 The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the

Contracting Officer. If in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government.

In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

F.3.3.3 Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.3.4 Contractor Quality Management Plan

F.3.4.1 Before the start of the work, submit a written Quality Management Plan for acceptance. With prior approval, submission of a Quality Management Plan for items of work not immediately scheduled to begin may be deferred.

F.3.4.2 Submit the following with the Quality Management Plan prior to the pre-award meeting:

A) Process control testing. List the material to be tested, tests to be conducted, the location of sampling, and the frequency of testing.

B) Inspection/control procedures. Address each of the following subjects in each phase of construction:

(1) Preparatory phase.

(a) Review all contract requirements.

(b) Ensure compliance of component material to the contract requirements.

(c) Coordinate all submittals, including certifications.

(d) Ensure capability of equipment and personnel to comply with the contract requirements.

(e) Ensure preliminary testing is accomplished.

(f) Coordinate surveying and staking of the work.

(2) Start-up phase.

(a) Review the contract requirements with personnel performing the work.

(b) Inspect start-up of work.

(c) Establish standards of workmanship.

(d) Provide training as necessary.

(e) Establish detailed testing schedule based on the production schedule.

(3) Production phase.

(a) Conduct intermittent or continuous inspection during construction to identify and correct deficiencies.

(b)Inspect completed work before requesting Government inspection acceptance.

(c) Provide feedback and system changes to prevent repeated deficiencies.

(d) Description of records. List the records to be maintained.

(e) Personnel qualifications.

(f) Document the name, authority, relevant experience, and qualifications of a person with overall responsibility for the inspection system.

C) Subcontractors. Include the work of all subcontractors if a subcontractor is to perform work under this Section, detail how that subcontractor will interface with the Contractor's and other subcontractor's organizations.

D) Modifications or additions may be required to any part of the plan that is not adequately covered.

Acceptance of the quality control plan will be based on the inclusion of the required information.

Acceptance does not imply any warranty by the Government that the plan will result in consistent contract compliance. It remains the responsibility of the Contractor to demonstrate such compliance.

E) Do not begin the work until the Quality Management Plan covering that work is accepted.

Supplement the plan as work progresses and whenever quality control or quality control personnel changes are made.

F) Testing:

Perform testing in accordance with the Contract Documents.

The Owner and the CM will have authority to reject Work that does not conform to the Contract

Documents. Whenever necessary or advisable, the CM will have authority to require inspection or testing of the Work, whether or not such Work is fabricated, installed, or completed. However, neither this authority of the CM nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the CM to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.

G) Records:

The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Amendments, and other Modifications, in good order and regularly marked to record field changes and selections made during construction, and one record copy of approved

Shop Drawings. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work.

Maintain complete testing and inspection records by pay item number and make them accessible to the CM.

For each day of work, prepare an "Inspector's Daily Record of Construction Operations

Form”. Detail inspection results, including deficiencies observed and corrective actions taken.

Include the following certification signed by the person with overall responsibility for the inspection system:

"It is hereby certified that the information contained in this record is accurate and that all work documented herein complies with the requirements of the contract. Any exceptions to this certification are documented as a part of this record."

Submit the record and certification within one working day of the work being performed.

If the record is incomplete, in error, or otherwise misleading, a copy of the record will be returned with corrections noted. When chronic errors or omissions occur, correct the procedures by which the records are produced.

H) Acceptance:

The Contractor's quality control system will be evaluated based on the demonstrated ability of the quality control system to result in a work meeting the contract requirements.

If the Owner’s testing and inspection indicate that the Contractor's quality control system is ineffective, make immediate improvements to the system to correct these inadequacies. Furnish notification in writing of improvements and modifications to the system.

F.4 REPORTING REQUIREMENTS AND COMMUNICATION

F.4.1 Refer to Project Manual the following Attachment J.21 Project Manual, Division 1 Specifications in

Attachment

1) 013100 (Project Management and Coordination)

2) 013200 (Construction Progress Documentation)

3) 013233 (Photographic Documentation)

4) 013300 (Submittal Procedures)

5) 017700 (Closeout Procedures)

F.4.2 The Contractor shall submit Monthly Reports and a Final Report as follows:

(a) Monthly Reports: The Contractors shall provide to the COTR, through the CM, within 5 days after the end of each month and as a condition for progress payment, a report on the activities undertaken during the month. The monthly report should seek to be a brief yet precise, description of the activities, with emphasis on issues that have arisen, impacts made, constraints and problems encountered, and proposals for remedial action to be taken. The monthly report should also include the Contractor’s accrued monthly expenditures, a summary of invoices, a timeline, progress photos, and an updated schedule. The final format for the monthly report is to be agreed upon between the Contractor and the COTR. Two copies of the Monthly Report shall be submitted. One (1) copy to the Administrative Services Division and one (1) to the Contracting

Officer Technical Representative (COTR).

During any delay in furnishing a Monthly Report required under this contract, the CM may recommend the withholding from payment an amount not to exceed 10 percent (10%) of the amount of the monthly progress payment, until such time as the Contracting Officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the

Contractor's progress.

(b) Final Report: The Contractor shall prepare a Final Report that matches accomplishments to the specific items in the Scope of Work. The content and submittal date of the Final Report is to be agreed upon between the Contractor, CM, and the COTR.

The Court reserves the right to adjust the level of reporting during the performance of this contract.

The Contractor shall perform the activities required to successfully complete the Courts requirements and submit each deliverable to the Contracting Officer’s Technical Representative

(COTR), through the CM, identified in section G.9 of this contract RFP.

F.4.3 All deliverables shall be in a form and manner acceptable to the Courts. The Contractor shall furnish office supplies, materials, equipment, and employees required to meet and perform the requirements of this Contract.

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SECTION G: CONTRACT ADMINISTRATION

G.1 Payment/Invoices

G.1.1 The Courts will make invoice payments under the terms and conditions specified in the contract.

The Contractor will be compensated upon completion and acceptance of the work as specified in the contract. Payments shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. The contractor shall be compensated as set forth below.

G.1.2 Effective June 8, 2018 all invoices and payment request shall be submitted electronically through the

U.S. Department of the Treasury’s Invoice Processing Platform (IPP) System using the “Bill to

Agency” of Interior Business Center-FMD. The IPP website address is https://www.ipp.gov. In addition, it is the vendors’ (contractors’) responsibility to be System for Awards Management

(SAM) registered and in IPP. The vendors (contractors) must be SAM registered in order to register in IPP. The SAM website address is https://www.sam.gov.

G.1.3 After contract and purchase order award, in order to receive payment, the Contractor must use the

IPP website to register, access, and use IPP for submitting all invoice requests for payment(s).

Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email at

IPPCustomerSupport@discal.treasury.gov or by phone (866) 973-3131.

G.1.4 Payment request means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, at a minimum, the Contractors’ electronic invoice shall include the following information:

• Name and address of the Contractor,

• The purchase order number,

• Invoice date,

• Invoice number,

• Name of the Contracting Officer Technical Representative (COTR),

• COTR email address, and

• Description, quality, unit of measure and extended price of the services or supplies actually rendered.

G.1.5 Once the electronic invoice has been submitted through IPP, no later than 2 business days from the electronic submission, the Contractor must email and/or mail to the COTR a copy of the electronic invoice along with all the required supporting documentation as stated in the contract.

G.1.6 The Contracting Officer’s Technical Representative (COTR) shall review each electronic invoice for certification of receipt of satisfactory services prior to authorization of payment.

https://www.ipp.gov/ https://www.sam.gov/ mailto:IPPCustomerSupport@discal.treasury.gov

G.1.7 The invoice form to be reported with the following elements:

TOTAL EXPENDITURES

(Document Number: XXX-X-XX-XXXX-XX)

Line

Item

Description Approved

Budget

Amt.

Voucher To

Date

Amt.

Voucher

This Period

Balance of

Approved

Budget

0001 $XXXX.XX $XXXX.XX

0002 $XXXX.XX $XXXX.XX

Total $XXXX.XX $XXXX.XX

(1) The invoice shall include a certification, signed by an authorized representative of the Contractor, as follows:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to The Court will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

G.2 Prompt Payment Act

G.2.1 The Courts will pay interest (late charge) on each electronically receipted and approved invoice pursuant to the Prompt Payment Act, 31 U.S.C. 3901 et seq.

G.2.2 Tax Exempt

G.2.1 The Courts is exempt from taxation pursuant to D.C. Code 47-2005(1).

G.3 BILLING/ PAYMENT CERTIFICATION

G.3.1 Payment to the Contractor for services satisfactorily performed shall be made by the

Courts once the Contractor’s certified invoice has been approved by the COTR, or in the case of a dispute, subject to final determination by the Contracting Officer.

G.3.2 Based upon Applications for Payment submitted to the Courts by the Contractor, the Courts shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

G.3.3 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

G.3.4 Notwithstanding any other payment terms in this contract, the Courts will make invoice payments under the terms and conditions in accordance with the Court's policies. The Courts shall make progress payments monthly as the work proceeds or at more frequent intervals as determined by the Contracting Officer, based on percentages of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in the form and detail required by the Contracting Officer.

(vi) The release of Lien from General Contractor & 2nd tier releases from Sub-subs.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(3) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: See Attachment J.9 Payment to

Subcontractors and Suppliers Certificate form and submit to the Contracting Officer.

G.3.5 Each Application for Payment shall be based on the most recent approved cost loaded schedule submitted by the…