Recorder of Deed Modernization Project Final.pdf

a0SOLICITATION, OFFER, AND AWARD Project Title Recorder of Deeds Modernization Project

Page of Pages

1 86

2. CPFMD Reference Number

3. Solicitation Number

DCSC-24-RFP-223

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

5. Date Issued

06/05/2024

6. Type of Market Open Set Aside

7. Issued By District of Columbia Courts Capital Project Facilities Management Division 700 6th Street, N.W., 12th Floor Washington, DC. 20001

8. Address Offer to:

District of Columbia Courts Administrative Services Division Procurement and Contracts Branch 700 6th Street, N.W. Suite 1224 7th Street, N.W., Suite 615

Washington, D.C. 20001 ATTN: Kenneth L Evans Jr NOTE: In the sealed bid, solicitations “offer” or “Design-Builder” 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 will be held on June 17th at 11:00 AM local time. A Pre-Proposal site walk will be held on June 17th at 12:00 PM local time.

Offerors shall provide the following information no later than June 12th, 2024 at 3:00 PM, for all participants to (e-mail): Kenneth.Evans@dccsystem.gov, Senior Contract Specialist to participate in the conference, provide:

a) Full name of the attendee

b) Name of the company the attendee is affiliated with

c) Email address of the attendee

10. The Contracting Officer shall issue the Notice to Proceed no later than _NA_ __calendar days after contract award. The Design-Builder shall achieve Final Completion within _NA_calendar days after receiving the Notice to Proceed.

11. THE DESIGN-BUILDER 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 __10___ Calendar days after receiving the notice to proceed Warranty Bond Yes__X__ No____ 5 __% Within _ 20___ 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 July 26, 2024 at 3:00 PM (date).

b. Proposals shall be submitted in two parts, titled "Technical Proposal" and "Price Proposal."

c. A separate electronic copy of the entire proposal shall accompany the package.

d. Sealed envelopes shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

e. 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.

13. For Information

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

Kenneth L. Evans, Jr

(Area Code) (202)

(Number)

(Ext)

Kenneth.Evans@dccsystem.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 Contract Type, Supplies, and Services 7 X H Contract Clauses 46 X I Representations Certification and Other

Statements to Offerors

X B Project Overview 9 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS X C Scope of Work 13 X J List of Attachments 65 X D Packaging and Marking 33 PART IV – REPRESENTATIONS AND INSTRUCTIONS X E Inspection and Acceptance 33 X K Instructions Conditions and Notices to Offerors 67 X F Contract Administration Data 34 X G Special Contract Requirements 45

15. In conjunction with the above, the undersigned agrees, if this offer is accepted within _____120________ 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 Design-Builder

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 shall be addressed to the Contracting Officer at the mailing address listed on page 1.

mailto:Kenneth.Evans@dcsc.gov

TABLE OF CONTENTS

A CONTRACT TYPE, SUPPLIES, AND SERVICES

A.1 CONTRACT TYPE

A.2 SERVICES

A.3 NOT TO EXCEED (NTE) PROJECT COST

A.4 AUTHORIZED WORKDAYS

A.4.1 WORKDAYS

A.4.2 LEGAL HOLIDAYS

A.5 ANTICIPATED RFP SCHEDULE

B PROJECT OVERVIEW

B.1 PROJECT PURPOSE

B.2 PROJECT SITE

B.3 PROJECT BUILDING

B.4 PROJECT BUDGET AND FUNDING LIMITATIONS

B.5 PERIOD OF PERFORMANCE (POP)

B.6 PROJECT DELIVERY MILESTONES

C SCOPE OF WORK

C.1 BASE CONTRACT SCOPE OVERVIEW

C.1.1 CONSTRUCTION MANAGEMENT PLAN

C.1.2 LICENSING AND REGISTRATION

C.1.3 PROJECT SUSTAINABILITY REQUIREMENTS

C.1.4 ACCELERATION OF WORK

C.1.5 TIMELINESS

C.2 BASE 1 – CORE AND SHELL DESIGN

C.2.1 EXISTING SITE SURVEY

C.2.2 CORE AND SHELL CONCEPT DESIGN (35%) SUBMISSION

C.2.2.1 CORE AND SHELL CONCEPT DESIGN (35%) COST ESTIMATE

C.2.3 CORE AND SHELL PRELIMINARY DESIGN (65%) SUBMISSION (DESIGN DEVELOPMENT)

C.2.3.1 CORE AND SHELL PRELIMINARY DESIGN (65%) COST ESTIMATE (DESIGN DEVELOPMENT ESTIMATE)

C.2.4 CORE AND SHELL FINAL DESIGN (95%) SUBMISSION (CONSTRUCTION DOCUMENTS)

C.2.4.1 CORE AND SHELL FINAL DESIGN (95%) COST ESTIMATE (CONSTRUCTION COST ESTIMATE) C.2.5 CORE AND SHELL ISSUED FOR CONSTRUCTION (IFC) 100% SUBMISSION (CONSTRUCTION DOCUMENTS)

C.2.6 PERMITS AND APPROVALS FROM AUTHORITIES HAVING JURISDICTION (AHJS)

C.2.7 ENTITLEMENTS

C.3 BASE 2 – CORE AND SHELL CONSTRUCTION

C.3.1 HAZARDOUS MATERIAL REQUIREMENTS

C.3.1.1 HAZARDOUS MATERIAL (HAZMAT) ABATEMENT PLAN

C.3.1.2 ASBESTOS CONTAINING MATERIALS (ACMS)

C.3.1.3 LEAD BASED PAINT (LBP)

C.3.1.4 POLYCHLORINATED BIPHENYL (PCBS)

C.3.1.5 POTENTIAL MERCURY CONTAINING EQUIPMENT (MCES)

C.3.2 SITE SAFETY PLAN

C.3.3 CONSTRUCTION QUALITY CONTROL PLAN

C.3.4 PROJECT CLOSE-OUT

C.3.4.1 PUNCH LIST

C.3.4.2 TRAINING

C.3.4.3 OPERATION AND MAINTENANCE MANUALS

C.3.5 DELIVERABLES LIST

C.3.6 SCOPE BY OWNER

C.4 CONTRACT OPTIONS OVERVIEW

C.5 OPTION 1. INTERIOR CONSTRUCTION AND INTERIOR FINISHES (PRE-DESIGN SERVICES)

C.5.1 DEVELOP A LIST OF INTERNAL AND EXTERNAL STAKEHOLDERS (STAKEHOLDER REGISTER)

C.5.2 END USERS

C.5.3 STAKEHOLDER/END-USER QUESTIONNAIRE

C.5.4 STAKEHOLDER/END-USER INTERVIEWS

C.5.5 PROGRAM OF REQUIREMENTS (POR) DEVELOPMENT

C.5.6 SPACE ALLOCATION STRATEGY

C.5.6.1 BLOCK AND STACK DIAGRAMS

C.5.7 TEST FITS

C.5.8 DESIGN INTENT DRAWINGS (DIDS)

C.5.9 DESIGN INTENT DRAWINGS – LEVEL 1 (DID 1)

C.5.10 DESIGN INTENT DRAWINGS – LEVEL 2 (DID 2)

C.5.11 OPTION 1 DELIVERABLES LIST

C.6 OPTION 2. INTERIOR CONSTRUCTION AND INTERIOR FINISHES (DESIGN SERVICES)

C.6.1 INTERIORS CONCEPT DESIGN (35%) SUBMISSION

C.6.1.1 INTERIORS CONCEPT DESIGN (35%) COST ESTIMATE

C.6.2 INTERIORS PRELIMINARY DESIGN (65%) SUBMISSION (DESIGN DEVELOPMENT)

C.6.2.1 INTERIORS PRELIMINARY DESIGN (65%) COST ESTIMATE

C.6.3 INTERIORS FINAL DESIGN (95%) SUBMISSION (CONSTRUCTION DOCUMENTS)

C.6.3.1 INTERIORS FINAL DESIGN (95%) COST ESTIMATE

C.6.3.2 IFC DESIGN (100%) SUBMISSION (CONSTRUCTION DOCUMENTS)

C.7 OPTION 3. INTERIOR CONSTRUCTION AND INTERIOR FINISHES (CONSTRUCTION SERVICES)

C.8 GOVERNMENT FURNISHED AND/OR GOVERNMENT INSTALLED (GFGI) EQUIPMENT

C.8.1 FURNITURE

C.8.2 SECURITY

C.8.3 IT/AV/COMMUNICATIONS

D PACKAGING AND MARKING (NOT USED)

E INSPECTION AND ACCEPTANCE (NOT USED)

F CONTRACT ADMINISTRATION

F.1 PAYMENT/ INVOICES

F.2 PROMPT PAYMENT ACT

F.3 TAX EXEMPT

F.4 BILLING/ PAYMENT CERTIFICATION

F.5 RETAINAGE

F.6 DESIGN-BUILDER’S CERTIFICATION

F.7 REFUND ON UNEARNED AMOUNTS

F.8 TITLE, LIABILITY, AND RESERVATION OF RIGHTS

F.9 REIMBURSEMENT OF BOND PREMIUMS

F.10 FINAL PAYMENT

F.11 PAYMENT TO SUBCONTRACTORS

F.12 SUBCONTRACTOR REQUIREMENTS

F.13 AUDITS

F.14 CONTRACTING OFFICER AND CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

F.14.1 CONTRACTING OFFICER

F.14.2 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR)

F.14.3 AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER

F.15 FINAL PROJECT COMPLETION AND FINAL PAYMENT

G SPECIAL CONTRACT REQUIREMENTS (NOT USED)

H CONTRACT CLAUSES

H.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

H.2 CONFIDENTIALITY OF INFORMATION

H.3 TIME

H.4 RIGHTS IN DATA

H.4.1 DATA

H.4.2 TECHNICAL DATA

H.5 SUBCONTRACTS

H.6 OTHER CONTRACTORS

H.7 ETHICS IN PUBLIC CONTRACTING

H.8 DISPUTES

H.9 LAWS AND REGULATIONS

H.10 NON-DISCRIMINATION

H.11 EXAMINATION OF BOOKS AND RECORDS

H.12 RECORD KEEPING

H.13 PROTEST

H.14 DEBRIEFING

H.15 INSURANCE

H.15.1 GENERAL REQUIREMENTS

H.15.2 DURATION

H.15.3 LIABILITY

H.15.4 DESIGN-BUILDER’S PROPERTY

H.15.5 MEASURE OF PAYMENT

H.15.6 NOTIFICATION

H.15.7 CERTIFICATE OF INSURANCE

H.15.8 DISCLOSURE OF INFORMATION

H.15.9 CARRIER RATINGS

H.16 PERFORMANCE BOND AND PAYMENT BOND

H.17 WARRANTY

H.17.1 INCORPORATION OF WARRANTY

H.17.2 DESIGN-BUILDER WARRANTY (PRODUCTS)

H.17.3 WARRANTY OF SERVICES

H.18 NO HARM FOR DELAY

H.19 SUSPENSION OF WORK

H.20 LIQUIDATED DAMAGES

H.21 EQUAL EMPLOYMENT OPPORTUNITY

H.22 ORDER OF PRECEDENCE

H.23 CANCELLATION CEILING

H.24 GOVERNING LAW

H.25 PUBLICITY

I REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

I.1 CERTIFICATE REGARDING A DRUG-FREE WORKPLACE

I.2 WALSH-HEALY ACT

I.3 BUY AMERICAN CERTIFICATION

I.4 OFFICERS NOT TO BENEFIT CERTIFICATION

I.5 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

I.6 TYPE OF BUSINESS ORGANIZATION

I.7 PAYMENT IDENTIFICATION NUMBER

I.8 THE OFFEROR

I.9 PENALTIES FOR MISREPRESENTATION

I.10 STANDARDS OF RESPONSIBILITY

I.11 OFFERING DOCUMENTS/ COPIES

I.12 INTERPRETATIONS OR CORRECTIONS OF OFFERING DOCUMENTS

I.13 SUBSTITUTIONS

I.14 AMENDMENTS

J LIST OF ATTACHMENTS

K INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

K.1 PRE-PROPOSAL RESPONSIBILITY AND REPRESENTATION

K.1.1 RFP DOCUMENTS

K.1.2 OBLIGATION TO MEET REQUIREMENT OF RFP

K.1.3 RESPONSIBILITIES AND OBLIGATIONS OF THE OFFEROR BEFORE PROPOSAL SUBMISSION

K.1.4 PRE-PROPOSAL CONFERENCE

K.2 EVALUATION FACTORS AND SCORING

K.3 PROPOSAL ORGANIZATION AND SUBMISSION

K.4 VOLUME I

K.4.1 TAB A - GENERAL INFORMATION, CERTIFICATIONS, AFFIDAVITS, AND OTHER INFORMATION

K.4.2 TAB B - DESIGN-BUILD DELIVERY EXPERIENCE AND PAST PERFORMANCE

K.4.3 TAB C - REFERENCE AND PAST PERFORMANCE QUESTIONNAIRE (PPQ)

K.4.4 TAB D – DESIGN BUILD TEAM ORGANIZATION AND KEY PERSONNEL

K.4.4.1 KEY CONSULTANTS AND SUBCONTRACTORS

K.4.4.2 KEY PERSONNEL

K.4.4.2.1 KEY PERSONNEL (DESIGN)

K.4.4.2.2 KEY PERSONNEL (CONSTRUCTION)

K.4.5 TAB E – DESIGN BUILD DELIVERY APPROACH

K.4.5.1 PRELIMINARY SCHEDULE

K.4.5.2 SCOPE MANAGEMENT

K.4.5.3 BUDGET MANAGEMENT

K.4.6 TAB E – PROPOSED INNOVATIONS AND PROJECT RISKS

K.4.7 TAB G – DISCLOSURES, CLARIFICATIONS, AND OMISSIONS

K.4.7.1 DISCLOSURES

K.4.7.2 CLARIFICATIONS AND OMISSIONS

K.5 VOLUME II

K.5.1 TAB A - PRICING INFORMATION

K.5.2 PRICE SUBMISSION LETTER

K.5.3 SUBMISSION OF PROFESSIONAL SERVICES RATES

K.6 NOTICES TO OFFERORS

K.6.1 CHANGES TO RFP

K.6.2 ERRORS IN OFFERS

K.6.3 RETENTION OF PROPOSALS

K.6.4 PUBLIC DISCLOSURE UNDER FOIA

K.6.5 ACKNOWLEDGEMENT OF AMENDMENTS

K.6.6 EXAMINATION OF SOLICITATION

K.6.7 OFFICIAL OFFER

K.6.8 PROPOSAL PREPARATION COSTS

K.6.9 SIGNING OFFERS AND CERTIFICATIONS

K.6.10 ACCEPTANCE PERIOD

K.6.11 AUTHORIZED NEGOTIATORS

K.6.12 RIGHT TO REJECT PROPOSAL

K.6.13 CANCELLATION OF AWARD

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A CONTRACT TYPE, SUPPLIES, AND SERVICES

A.1 Contract Type

The District of Columbia Courts (Owner) is seeking a qualified Design-Build contractor (Design-Builder) to provide design-build services as specified in this solicitation. The Owner will award a single Fixed Price (Lump Sum) contract with four (4) options to restore and modernize the Recorder of Deeds (ROD) building located at 515 D Street NW, Washington, DC 20001 (the Project). The Design-Builder shall deliver the Project within the dollar value provided by Owner (the Not to Exceed (NTE) Project Cost) identified below.

The Design-Builder will be selected via a best value selection process whereby Design-Build is selected based on team qualifications (non-price) and fixed price to deliver the Project.

The Owner is providing the Bridging Contract Documents (BCD) Package (as attachments in Section J) to serve as the Owner’s requirements. Offerors shall submit Proposals premised upon agreeing to the terms of the RFP and having thoroughly reviewed the BCD Package. A Proposal that identifies or describes changes or exceptions to the RFP may be deemed non-responsive.

A.2 Services

The Design-Builder shall provide all professional, technical, supervision, labor, materials, and equipment for the design and construction to deliver the Project.

A.3 Not to Exceed (NTE) Project Cost

The Design-Builder shall perform all efforts in accordance with the requirements of this RFP for the NTE Project Cost provided below. The NTE Project Cost includes all direct labor, materials, equipment, communication, and other direct costs as well as all indirect costs, subcontractor costs, commissions, and any other profit and expenses for which the Design-Builder expects payment. No additional charge shall be made by the Design-Builder 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 Design-Builder shall also guarantee said offered price and itemized pricing, free from any change, for one-hundred and (120) days from the date of the submission of its proposal. The options may or may not be exercised at the time of the award. All pricing, breakdowns, and option shall be provided for your response in Attachment K.

A.4 Authorized Workdays

A.4.1 Workdays

The Design-Builder shall build their construction schedule reflect weekday work from 6 AM to 6 PM (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 7 AM-7 PM unless limited or prohibited by the Owner or local jurisdiction.

Weekend and Weekday Overtime work hours; Design-Builder must advise and receive approval from COTR prior to need for overtime hours and coordinate with security.

A.4.2 Legal Holidays

No work shall be done at any time on legal holidays. Please see list of holidays below.

Birthday of Martin Luther King, Jr.

President’s Day Inauguration Day (when applicable) D.C. Emancipation Day Memorial Day Independence Day Labor Day

Indigenous Peoples' Day Veterans Day Thanksgiving Day Christmas Day New Year’s Day Juneteenth

A.5 Anticipated RFP Schedule

Solicitation Advertisement: June 5, 2024 Pre-Proposal Conference (On-Site): June 17, 2024 RFP Questions due to D.C. Courts: June 24, 2024 Proposals Due date: July 26, 2024 Notice of Award: September 30, 2024

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B PROJECT OVERVIEW

B.1 Project Purpose

The historic Recorder of Deeds (RoD) building is the newest addition to the Owner’s facility portfolio. In 2019, the Owner executed an Operating Agreement (reference attachment in Section J) with the District of Columbia for use of the RoD building for 99 years with the purpose of modernizing the building to create an “Access to Justice Center” with the following benefits:

• The Owner’ anticipated space need will be fulfilled through 2030 without dependency on high-cost leased space, as all Owner’ components requiring functional adjacency to the courthouses will be consolidated into the Owner’ Judiciary Square portfolio of government-owned facilities.

• Adjacency to the courthouse will allow the D.C. Courts/Owner to provide greater “access to justice for all” in the community by co-locating the D.C. Courts/Owner and community partners who deliver vital services in one easily accessible location.

• Restoration and modernization of the historic Recorder of Deeds Building will not only preserve a building that is an important part of our nation’s African American history, but it will also lower the number of excess and underutilized properties in the District of Columbia’s real property portfolio by bringing a vacant, deteriorating building back into active use.

Per the Occupancy Agreement, the District will occupy at least five thousand (5,000) useable square feet of space in the building.

A single contract will be awarded to one Design-Builder to deliver the base contract scope, the building Core and Shell, in two (2) distinct phases (Base 1 – Core and Shell Design and Base 2 – Core and Shell Construction).

The negotiated fixed price shall include all scope of work required to deliver the Core & Shell and is inclusive of, but not limited to the following:

• Procurement of all construction materials and equipment required

• The performance of construction services required during the construction phase to successfully deliver the Core & Shell no later than the Substantial Completion date identified in this RFP

In addition to the base scope, the Owner requests proposal information corresponding to three (3) options as specified in this RFP. The options shall include:

Option 1. Interior Construction and Interior Finishes (Pre-design Services). Includes all pre-design services required to deliver a complete set of construction documents that conforms to the NTE Project Cost identified for the options. Pre-design services required include, but are not limited to, requirement gathering and validation, programming, and space planning. The Design-Builder shall coordinate with the Owner and the District to complete all pre-design activities and shall facilitate reviews and acceptance of pre-design documents by the Owner and the District.

Option 2. Interior Construction and Interior Finishes (Design Services). Includes all design services required to deliver a complete set of construction documents (and supporting cost estimate) that conforms to the NTE Project Cost identified for the options.

Option 3. Interior Construction and Interior Finishes (Construction Services). Includes construction and delivery of the Interior Construction and Interior Finishes phase work per the construction documents delivered under Option 2 and within the NTE Project Cost identified for the options.

Reference Section C for additional information on base contract scope and considered options.

B.2 Project Site

The building, directly adjacent to five (5) other buildings in the Owner’ portfolio at the Judiciary Square, a contributing building to the Pennsylvania Avenue National Historic Site, is within the proposed Historic Judiciary Square District, and was added into the National Registry of Historic places in March 2020, largely due to the culturally significant murals (reference relevant attachments in Section J).

B.3 Project Building

The building, in its current configuration, is comprised of a total of approximately 48,842 square feet (GSF) and will provide approximately 20,100 usable square feet (USF) above ground. The facility has been largely vacant since 2008 when the Recorder of Deeds moved to a new location and has deteriorated considerably since it was vacated, including extensive water intrusion. It is noted on the application for the historic designation that the building was flooded in 2006 during a surge storm event in the District.

Designed by the Office of the Municipal Architects under Nathan C. Wyeth, the Recorder of Deeds building was constructed between 1941 and 1943 (reference relevant attachments in Section J).

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B.4 Project Budget and Funding Limitations

The Owner will issue the Design-Build contract with a NTE Project Cost of Thirty Six Million dollars ($36 million) to complete Base 1 – Core and Shell Design and Base 2 – Core and Shell Construction work.

The NTE Project Cost includes all costs incurred by the Design-Builder (to include project design costs, management costs, labor costs, materials costs, equipment costs, contingencies, bonds, insurances, etc.) to deliver the building Core & Shell per the performance requirements identified in the BCD Package.

The Owner will exercise options of the Design-Build contract conforming to a total NTE Project Cost of Five Million Dollars ($5 Million) to complete all options considered in this RFP. The NTE Project Cost includes all costs incurred by the Design-Builder (to include project design costs, management costs, labor costs, materials costs, equipment costs, contingencies, bonds, insurances, etc.) to deliver the Project in its entirety and ready for occupancy.

In no event shall Design-Builder be entitled to receive more than the NTE Project Cost for delivery of the Project unless changes to the scope are authorized in advance via a Contract Modification by the Contracting Officer.

Project Funding for the contract options is contingent upon appropriation by the Federal Government. For planning purposes, the table below demonstrates the earliest dates that each option will be exercised or awarded:

Earliest Award Date Option 1 – Interior Pre-Design January 1, 2025 Option 2 – Interior Design March 1, 2025 Option 3a – Interior Construction and Finishes April 30, 2026

CO

B.5 Period of Performance (POP)

The Design-Builder shall assume duration of ten (10) months for Core and Shell design (from Base 1 – Core and Shell design NTP to Owner acceptance of the IFC design submission). Should the Design-Builder anticipate a longer design duration or wish to deliver the Corrected Final Design (100%/IFC) earlier, the Design-Builder shall identify the anticipated delivery date in their Proposal for the Owner’s review and consideration.

The Design-Builder shall assume a duration of fourteen (14) months for Core and Shell construction (from issuance of a Base 2 – Core and Shell Construction NTP to Substantial Completion). Substantial Completion for Base 2 – Core and Shell construction shall occur no later than September 18, 2026 with Final or Contract Completion occurring ninety (90) calendar days later, unless directed otherwise by the contracting officer. Should the Design-Builder anticipate a longer construction duration or wish to substantially complete core and shell construction earlier than the date indicated, the Design-Builder shall identify the anticipated substantial completion date in their Proposal for the Owner’s review and consideration.

The Design-Builder shall adjust interim durations not specified above as necessary for cost efficiency and work efficiency in support of meeting the durations cited above. The Design-Builder shall determine the schedule for all additional design and construction milestones in support of meeting substantial completion as indicated.

Upon Owner acceptance of the Preliminary Design (65%) submission, the Owner anticipates issuing the NTP for Base 2 – Core and Shell Construction.

B.6 Project Delivery Milestones

Milestone Deliverables/Submittals Calendar Days After

NTP

Submit Design Quality Control (DQC) Plan 14 Submit Design Submission Schedule 14 Submit Initial Submittal Register 21 Conduct Existing Site Survey 21 Conduct Initial Design Meeting 14 Submit Schematic Design Set (35%), Core and Shell Per Design Submission Sch Submit Design Development Set (65%), Core and Shell Per Design Submission Sch Submit Construction Set (95%), Core and Shell Per Design Submission Sch Submit Corrected Final Design (100%/IFC) NLT June 13th, 2025

C SCOPE OF WORK

C.1 Base Contract Scope Overview

The Design-Builder’s price for the base contract, shall include all work required to deliver the Core and Shell according to the performance requirements identified in the BCD Package, and shall be inclusive of, but not limited to the following:

• Procurement and execution of all pre-design and design phase services.

• procurement of all construction materials and equipment required for the Project,

• the performance of construction services required during the construction phase to successfully deliver the Core & Shell no later than the Substantial Completion date identified in this RFP.

The Design-Builder's duties shall encompass, but shall not be restricted to, the following:

• Ensuring that the design and construction of the Project meet the requirements as specified in the BCD Package and all solicitation contents, to include all attachments.

• Delivering comprehensive design, construction, and corresponding management services to fulfill the Project purpose. This includes, but is not limited to, civil, architectural, electrical, structural, and mechanical design services as necessary, along with construction management services covering budgeting, value engineering, scheduling, Project phasing, administration, management, and subcontractor coordination. Design scope also entails providing full design and specifications.

• Procuring and supplying all materials, management, personnel, equipment, hazardous material abatement, supervision, labor, and other services essential for Project completion.

• Providing requisite design, consultants, and documentation for obtaining all necessary permitting, zoning, historic preservation, regulatory agency and Owner acceptance and/or approval.

Furthermore, the Design-Builder is obligated to furnish any pre-construction services essential for delivery of the Project. These services encompass, but are not limited to, scheduling, estimating, generating shop drawings, arranging for the procurement of long-lead materials, conducting condition assessments, required testing, and monitoring historic assets.

Please see the attached Division 01 Specification for additional information corresponding to the scope of work to be executed during the design and construction phases of the Project.

C.1.1 Construction Management Plan

The Design-Builder shall submit an updated Construction Management Plan with each design submission, beginning with the Core and Shell Concept Design (35%) Submission. The plan shall include all items as detailed in the Division 01.

C.1.2 Licensing and Registration

The Design-Builder, along with all subcontractors and sub-consultants (irrespective of tier), must adhere to all relevant licensing, accreditation, and registration requirements and standards at the District of Columbia, state, and federal levels necessary for fulfilling the terms of the Agreement. Specifically, all drawings must be signed and sealed by a licensed professional architect or engineer in the District of Columbia.

C.1.3 Project Sustainability Requirements

The Project must be designed to incorporate, at a minimum, LEED Silver principles and achieve the corresponding building certification by substantial completion of construction for the Project.

C.1.4 Acceleration of Work

The Design-Builder shall sequence design and construction with the intent to and purpose of delivering the Project by the delivery date(s) indicated in this RFP. Owner may consider acceleration of construction via approval of early-work packages to expedite delivery of the Project. Before or with each design submission, Design-Builder shall provide a list of recommended early-work packages (if any) accompanied with (1) a corresponding Design Submission Schedule identifying additional design submission(s) proposed, (2) a corresponding cost estimate indicating that early-work packages can be completed within specified NTE Project Cost, and (3) a scope of work narrative detailing work that the Design-Builder will complete as part of early-work package. The Owner retains sole discretion to authorize an early start on construction activities. Reference Division 01 – General Requirements for more detail regarding acceleration of work.

C.1.5 Timeliness

The Design-Builder shall allocate the required personnel and resources to ensure timely and proficient completion of the Project no later than the specified Substantial Completion date. Moreover, the Owner encourages an innovative and efficient approach to effectively deliver the Project.

C.2 Base 1 – Core and Shell Design

Upon issuance of the design NTP, the Design-Builder shall exert every effort to submit all deliverables necessary utilizing the highest standard of care for projects of this size and complexity. Throughout the design process the Design-Builder shall collaborate with the Owner and relevant stakeholders to ensure compliance with the contract requirements. Below is an overview of core and shell design deliverables.

Refer to the Division – 01 for a detailed listing of minimum required documentation for each design submission:

• Thoroughly review the BCD Package and all contract documentation prior to bid submission and demonstrate a complete understanding of Project requirements, especially core and shell requirements, prior to Owner’s issuance of core and shell design NTP.

• Provide soft and hard copies of the complete set of the Core & Shell Concept Design (35%) Submission.

• Provide soft and hard copies of the complete set of the Core & Shell Preliminary Design (65%) Submission

• Provide soft and hard copies of the complete set of the Core & Shell Final Design (95%) Submission.

• Provide soft and hard copies of the complete set of the Core & Shell Issue for Construction (IFC) (100%) Submission.

• Obtain all necessary building permits to deliver the Project.

Additional, unlisted tasks may be necessary during the execution of work. The Design- Builder shall review all contract documents and provide consideration, for both schedule and time, to ensure that any task not specifically listed in the contract documents is included in the proposal.

Throughout all Project phases, the Design-Builder shall schedule and attend regular meetings with the Owner and other stakeholders. Subsequent to issuance of the NTP, the Design-Builder shall exert commercially reasonable efforts to ensure:

• The core and shell design evolves in alignment with the NTE Project Cost and programmatic requirements verified during development of the Concept Design (35%) Submission.

• Proper coordination of design work.

• Timely production of the required design deliverables, per the Design-Builder’s approved Design

Submission Schedule.

C.2.1 Existing Site Survey

Within twenty-one (21) days of the issuance of the core and shell design NTP, the Design-Builder is required to conduct their own comprehensive survey to verify all information provided within the BCD Package and provide a report per the Division – 01. The intent is for the Design-Builder to become immediately familiar with the Project site and building condition in order to validate the Project requirements, proactively address any inconsistencies in the information provided by the Owner, and identify potential risks prior to the first design submission.

C.2.2 Core and Shell Concept Design (35%) Submission

Though a bridging core and shell 35% Concept Design is provided as part of the BCD Package, the Design- Builder shall develop and present their own core and shell 35% Concept Design submission for the Project to demonstrate their understanding of the Project requirements. The Design-Builder’s submission shall (1) explicitly list deviations from the Owner-provided BCD Package documents and core and shell 35% Concept Design, (2) provide justification for listed deviations, and (3) provide a narrative to support the associated cost implications that will appear in the 35% Concept Design cost estimate. The Owner reserves the right to reject the design submission for failure to meet requirements or any other reason that Owner deems as a justification for rejection.

The submission shall include, at a minimum, all items listed in the Division 01. The Design-Builder shall provide any additional items they deem essential to meet the contract requirements or otherwise benefit the Owner. In addition, it is the Owner’s expectation that the Design-Builder identify any opportunities for cost savings or efficiencies immediately upon discovery.

C.2.2.1 Core and Shell Concept Design (35%) Cost Estimate

The Design-Builder shall provide a comprehensive cost estimate of the proposed design as part of the design submission package, per the Division 01. For building systems such as roofs, doors, HVAC, security, and IT, the estimate shall be itemized on a system basis, identifying key building systems or functions and allocating an estimated cost for each. The primary objective of the cost estimate is to verify that the design conforms to the NTE Project Cost.

The Owner will not conduct design reviews prior to receipt of the cost estimate verifying that the design submitted conforms to the NTE Project Cost. The Design-Builder’s Design Submission Schedule shall reflect Owner design review periods for each design submission beginning upon receipt of the complete submission, including the cost estimates.

To the extent the cost estimate shows an overrun from the NTE Project Cost, the Design-Builder shall submit Value Engineering suggestions and conduct Value Engineering sessions to return the Project to the NTE Project Cost. Only the Owner shall have the authority to increase the NTE Project Cost, and absent such direction, the D-B shall proceed on the assumption that the NTE Project Cost will not change.

C.2.3 Core and Shell Preliminary Design (65%) Submission (Design Development)

The Design-Builder is responsible for producing a 65% Preliminary Design that represents a logical progression from the accepted 35% Concept Design and aligns with the Design-Builder’s Design Submission and Project schedules and the contract requirements. These documents must adhere to the level of detail expected in industry best practices for Design Development Documents. The Design-Builder shall finalize the 65% Preliminary Design resolving any concerns or comments raised by the Owner during the 35% Concept Design review.

Per the Division 01, the Design-Builder’s submission shall (1) explicitly list deviations from the Owner-accepted core and shell Concept Design (35%) submission, (2) provide justification for listed deviations, and (3) provide a narrative to support the associated cost implications that will appear in the 65% Preliminary Design cost estimate.

The submission shall include, at a minimum, all items listed in the Division 01. The Design-Builder shall provide any additional items they deem essential to meet the contract requirements or otherwise benefit the Owner. In addition, it is the Owner’s expectation that the Design-Builder identify any opportunities for cost savings or efficiencies immediately upon discovery.

The Owner reserves the right to reject the submission for failure to meet requirements or any other reason that Owner deems as a justification for rejection.

Consistent with or in addition items listed in the Division 01, the submission package shall include, but is not limited to, the following:

• Site plans encompassing paving layouts, traffic circulation, lighting, signage, and utilities (detailed and dimensioned plans, wall sections, building sections, and schedules)

• Floor plans detailing Structural, Civil, Architectural, MEP (Mechanical, Electrical, Plumbing), Fire Protection, and landscaping aspects

• Comprehensive code compliance analysis and drawings

• Updated LEED scorecard

• Coordination of final utility plans as necessary

• Interior elevations, including casework and millwork elevations

• Documentation of stormwater management strategies (as needed)

• Value Engineering Analysis and Detailed Recommendations for project savings (as needed)

• A Draft Maintenance and Operations Plan

• Incorporation of all Owner Concept Design comments

C.2.3.1 Core and Shell Preliminary Design (65%) Cost Estimate (Design Development Estimate)

Per the Division 01, the Design-Builder shall provide a comprehensive cost estimate of the 65% Preliminary Design as part of the design submission package. The primary objective of the cost estimate is to verify that the design conforms to the NTE Project Cost.

The Owner will not conduct a review of any contents of the 65% Preliminary Design submission prior to receipt of the cost estimate verifying that the design submitted conforms to the NTE Project Cost. The Design-Builder’s Design Submission Schedule shall reflect the Owner’s design review period for the Preliminary Design (65%) submission beginning upon receipt of the complete submission, including the cost estimate.

To the extent the cost estimate shows an overrun from the NTE Project Cost, the Design-Builder shall submit Value Engineering suggestions and conduct Value Engineering sessions with the Owner to return the Project to the NTE Project Cost. Only the Owner shall have the authority to increase the NTE Project Cost, and absent such direction, the D-B shall proceed on the assumption that the NTE Project Cost w i l l n o t c h a n g e .

C.2.4 Core and Shell Final Design (95%) Submission (Construction Documents)

The Design-Builder shall finalize the construction documents resolving all outstanding or open comments from all previous submissions. The Design-Builder shall demonstrate resolution of all unresolved or open comments prior to Owner acceptance of the submission, as the subsequent submission shall contain only minor or administrative corrections of the 95% Final Design Submission.

The Owner reserves the right to reject the submission for failure to meet requirements or any other reason that Owner deems as a justification for rejection. Upon initial inspection of the submission, should it be discovered that the Design-Builder has failed to resolve all open comments prior to the submission, the Owner will immediately reject the submission without exception.

Per the Division – 01, the Design-Builder’s submission shall (1) explicitly list deviations from the Owner-accepted core and shell Preliminary Design (65%) submission, (2) provide justification for listed deviations, and (3) provide a narrative to support the associated cost implications that will appear in the 95% Preliminary Design cost estimate.

The submission shall include, at a minimum, all items listed in the Division – 01. The Design-Builder shall provide any additional items they deem essential to meet the contract requirements or otherwise benefit the Owner. In addition, it is the Owner’s expectation that the Design-Builder identify any opportunities for cost savings or efficiencies immediately upon discovery.

C.2.4.1 Core and Shell Final Design (95%) Cost Estimate (Construction Cost Estimate)

Per the Division 01, the Design-Builder shall provide a comprehensive cost estimate of the 95% Final Design as part of the design submission package. The primary objective of the cost estimate is to verify that the design conforms to the NTE Project Cost.

The Owner will not conduct a review of any contents of the 95% Final Design submission prior to receipt of the cost estimate verifying that the design submitted conforms to the NTE Project Cost. The Design- Builder’s Design Submission Schedule shall reflect the Owner’s design review period for the 95% Final Design submission beginning upon receipt of the complete submission, including the cost estimate.

C.2.5 Core and Shell Issued for Construction (IFC) 100% Submission (Construction Documents)

The Design-Builder shall submit the IFC submission with the intent to obtain all outstanding permits required to complete construction of the core and shell as represented in the IFC document. Corrections made from the 95% design submission shall be minimal, as upon acceptance by the Owner, the Design- Builder will have resolved all open comments.

C.2.6 Permits and Approvals from Authorities Having Jurisdiction (AHJs)

The Design-Builder shall prepare, submit, remit payment for, and obtain all required permits (to include trade permits), approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. The Design- Builder shall update Owner with the status of each permit that is required for the Project throughout the review and approval process and notify Owner immediately if any issues arise that may negatively impact the Project Schedule. Design-Builder may engage permit expediters as the Design-Builder deems necessary or appropriate to meet the Project schedule at no additional expense to Owner. The Design-Builder shall provide reasonable assistance to Owner to obtain Government approvals, permits, and licenses that are deemed Owner’s responsibility.

C.2.7 Entitlements

During the design and pre-construction phase, the Design-Builder is responsible for preparing the necessary materials and delivering presentations to acquire the required entitlement approvals. These approvals may need to be obtained from various entities, including but not limited to:

• The Office of Zoning,

• The Office of Planning (OP),

• The Commission of Fine Arts (CFA).

• State Historic Preservation Office (SHPO)

C.3 Base 2 – Core and Shell Construction

In accordance with the approved plans and specifications developed during the Base 1 – Core and Shell Design phase, the Design-Builder shall construct the Project. Throughout the construction phase, the Design-Builder shall ensure that the Work is executed in alignment with the construction documents and the Project schedule, approved by the Owner. This entails providing all essential labor, materials, insurance, bonds, and equipment needed to fully realize the Project as outlined in the drawings, specifications, schedule, and NTE Project Cost. Additionally, the Design-Builder is responsible for obtaining all required permits, paying for utility connections, and covering associated fees.

During the design and pre-construction phases, the DC Court’s expects that the Design-Builder will perform the activities below, at a minimum:

• Collaborate with its Architect and any design consultants to advance the Project's design, in consultation with the Owner

• Solicit bids from trade subcontractors for the work outlined in the Design Development Documents and provide bid tabulations to the Owner.

• Conduct Value Engineering and scoping exercises and meetings with the Owner to ensure the design conforms to the NTE Project Cost at all times.

• Conduct pre-construction activities, to include identification of all long-lead items.

During the construction phase, the Design-Builder shall perform work in accordance with the Division 01 and all other contract requirements, to include but not limited to the following tasks:

• Oversee all aspects of Project construction.

• Coordinate and lead weekly progress meetings, including site visits by Owner staff and design consultants, and provide monthly field reports.

• Provide completed Quality Control checklists to ensure Project implementation.

• Review and process submissions of shop drawings, Requests for Information (RFIs), and similar documentation.

• Document meeting notes and record decisions/changes made.

• Conduct pre-closeout inspections.

• Review closeout documents for completeness, including As-Built Drawings based on Design-

Builder's red line drawings and/or coordinated sets developed during subcontractor coordination. As- Built Drawings shall be provided to the Owner in hard copy, PDF, CAD (or native file format), and BIM formats.

C.3.1 Hazardous Material Requirements

All activities involving contact with hazardous materials, including handling, disturbing, dismantling structures containing such materials, and their transportation and disposal, must adhere to the applicable regulations outlined in 29 CFR 1910/1926 and 40 CFR 761/260-271.

C.3.1.1 Hazardous Material (HAZMAT) Abatement Plan

The Design-Builder shall engage a qualified Industrial Hygiene firm to inspect, sample, and test all areas of the Project site and building to develop a HAZMAT Abatement Plan for submission and acceptance prior to the start of HAZMAT abatement work and demolition. "Qualified" refers to using personnel who are U.S.

Environmental Protection Agency (EPA) accredited AHERA Inspectors/Management Planners or Project Designers. Reference attachment (in Section J) of the most recent assessment completed in 2023.

The Design-Builder shall determine the extent of surveying or assessment required to abate all existing HAZMAT at the Project site. The Design-Builder shall coordinate with the Owner to schedule and conduct all required survey(s) and/or assessment(s) necessary to comply with all relevant and current HAZMAT codes and regulations. Though the Design-Builder shall determine the extents of assessment, sampling, testing, etc. required for abatement, it is the Owner’s expectation that the Design-Builder conduct the following activities, at a minimum:

1. Search through any existing documentation

2. A walk-through inspection

3. Sampling of any possible asbestos containing materials (ACM) and lead based paint (LBP) not identified in existing documentation. Sampling of ACM shall conform to the requirements found in

40 CFR 763.85.

4. Provide sampling, testing and reporting for ACM and LBP that will be disturbed as a result of the project. If material suspected to be ACMs or LBPs are encountered, the material shall be sampled for bulk asbestos and/or lead paint chips.

5. Adequately test and characterize the LBP waste by the toxicity characteristics leaching procedure (TCLP) – Lead

6. Provide sampling, testing and reporting for caulking, waterproofing materials, and waste generated for PCB content in accordance with 40 CFR 761

7. Consider all unmarked lamp capacitors and ballasts to contain PCBs

8. Perform a comprehensive assessment, including the count and location of mercury-containing devices such as switches, thermostats, and gauges

9. Perform a comprehensive assessment, including the count and location of observed universal waste

(e.g. fluorescent lamps, batteries, etc.) and/or hazardous waste

10. Perform a comprehensive assessment, including the number of exit signs that may require special disposal

C.3.1.2 Asbestos Containing Materials (ACMs)

The Design-Builder shall survey the project area for Asbestos Containing Materials (ACMs) for inclusion in the HAZMAT Abatement Plan for submission and acceptance prior to the start of HAZMAT abatement work and demolition. It is anticipated that ACMs will be encountered during work activities.

All thermal systems insulation (e.g., boiler insulation, duct insulation, pipe insulation), surfacing materials (e.g., plaster, sprayed-on fireproofing), and miscellaneous materials (e.g., asphalt flooring, ceiling tiles, adhesives, mastics, drywall, roofing, gaskets, cement board) installed no later than 1980 must be considered asbestos-containing unless proven otherwise in accordance with 29 CFR 1926.1101.

Work involving the disturbance, dismantling, or demolition of asbestos-containing materials or structures containing asbestos, as well as the removal and disposal of asbestos, shall comply with the requirements of 40 CFR Part 61, Subparts A and M; 29 CFR 1910.1001 (where applicable).

C.3.1.3 Lead Based Paint (LBP)

The Design-Builder shall conduct a survey of the project area for Lead-Based Paint (LBP) for inclusion in the HAZMAT Abatement Plan for submission and acceptance prior to the start of HAZMAT abatement work and demolition. It is anticipated that LBP will be encountered during work activities.

All finished/painted surfaces of buildings constructed before 1978 shall be assumed to have been finished with lead-based paint unless proven otherwise. The Design-Builder shall ensure the protection of employees and the building by minimizing dust creation during patching/repairing/prepping existing surfaces for new paint. Dry sanding is strictly prohibited.

Work involving the disturbance, dismantling, or demolition of lead-based paint must comply with 29 CFR 1926.62.

C.3.1.4 Polychlorinated Biphenyl (PCBs)

For any caulking and/or waterproofing removal endeavors in buildings built before 1979, presume PCB contamination exceeding 50 ppm. Although testing waste materials isn't obligatory, if no testing occurs, the waste shall be categorized by EPA standards as "PCB Bulk Waste". The Design-Builder's Industrial Hygiene Consultant can elect to examine caulking, waterproofing materials, and resulting waste for PCB content as outlined in 40 CFR 761. If the materials reveal PCB levels below 50 ppm, they may be disposed of as typical construction debris.

The Design-Builder is responsible for surveying the project area for PCBs for inclusion in the HAZMAT Abatement Plan for submission and acceptance prior to the start of HAZMAT abatement work and demolition. Fluorescent and high-intensity discharge lamps shall be handled as Universal Waste and forwarded to a recycler, or as Hazardous Waste if recycling isn't pursued. Furthermore, broken or crushed lamps must be treated as hazardous waste unless local regulations state otherwise.

C.3.1.5 Potential Mercury Containing Equipment (MCEs)

The Design-Builder shall survey the project area for mercury containing devices for inclusion in the HAZMAT Abatement Plan for submission and acceptance prior to the start of HAZMAT abatement work and demolition. It is anticipated that mercury will be encountered during work activities.

C.3.2 Site Safety Plan

Per the Division 01, before commencing any onsite activities, especially construction activities, the Design- Builder shall develop a safety plan that adheres to OSHA 29 CFR 1926 regulations. The Site Safety Plan shall outline safety measures, including proposed separation, fences, barriers, and site security details. The Design-Builder shall submit the Site Safety Plan to the Owner for review and acceptance before any work begins onsite. The Design-Builder shall adhere to the accepted Site Safety Plan for the duration of work onsite.

The Design-Builder shall revise the Site Safety Plan as deemed necessary by the Design-Builder anf as requested by the Owner. However, any costs associated with the revision and compliance with the plan shall not result in an increase in the NTE Project Cost. The Owner acceptance of the Site Safety Plan does not exempt the Design-Builder from their responsibility to ensure the site remains safe at all times.

Commencement of the construction phase is contingent upon Owner’s acceptance of the Site Safety Plan, therefore the Design-Builder shall plan the duration for Owner review and acceptance.