Contracts & Procurement

Department of General Services, 3924 Minnesota Avenue NE, Washington D.C. 20019

REQUEST FOR TASK ORDER PROPOSAL

RFTOP-CS-0179

Issued by: Department of General Services

Contracts and Procurement Division 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019

Contract No: DCAM-22-CS-RFQ-0001

Caption: CARDOZO EDUCATION CAMPUS HVAC UPGRADES

Issue Date: November 2, 2026

Pre-Proposals Meeting November 4, 2026, at 10:00 A.M Virtual On Teams: Join the Meeting

Due Date for Questions: November 6, 2026, at 2:00 P.M.

Proposals Due Date: November 12, 2026, at 2:00 P.M.

Point of Contact: Rene Anyie Contract Specialist

Department of General Services 3924 Minnesota Avenue, NE, 5th Floor rene.anyie@dc.gov

Note: Offerors must ensure they have sufficient capacity to meet the contract requirements prior to submitting their proposal. An offeror that lacks adequate capacity may be deemed ineligible for an award.

https://teams.microsoft.com/meet/2153288357113109?p=FUYZKZqJOrsRiRiuNt mailto:rene.anyie@dc.gov

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

1. INTRODUCTION AND OVERVIEW

The District of Columbia (the “District”) Department of General Services (“DGS” or the “Department”), on behalf of District of Columbia Public Schools (“DCPS”), is seeking a highly qualified design-builder (the “Contractor” or “Design-Builder”) to furnish all professional design services, supervision, labor, materials, and equipment necessary to develop stamped, permittable construction documents, obtain all permits and construct per the approved documents for the Cardozo Education Campus HVAC Upgrades, located at 1200 Clifton Street NW, Washington, DC 20009 (the “Project”). A detailed narrative for the scope of work (the “Scope of Work” or “SOW”) is described in Attachment A.

A Task Order (“TO” or “Task Order”) will be issued to a Contractor under the Contractor’s underlying Basic Ordering Agreement, No. DCAM-22-CS-RFQ-0001 with the Department

(“BOA”).

A virtual pre-proposal conference will be held on Microsoft Office Teams on the date and at the time noted on the cover page of this RFTOP.

Questions about this RFTOP shall be submitted via the solicitation portal link below no later than November 6, 2026, at 2:00 PM. The Department will provide responses to potential Offerors to all questions received. Questions will not be accepted after this date.

https://procurement.opengov.com/portal/dc.

Submissions shall be titled “Cardozo Education Campus HVAC Upgrades” and shall be received no later than 2:00 PM on November 12, 2026. The Offeror assumes the sole responsibility for the timely delivery of its submission. Proposals shall be submitted via the Solicitation Portal link above:

2. BACKGROUND

Cardozo Education Campus is part of the DCPS school system and is located at 1200 Clifton Street NW, Washington, DC 20009. The goal of the Project is to survey the equipment, restore system functionality, repair or replace deficiencies, upgrade the controls, and retro-commission the HVAC and BAS for design compliance.

https://procurement.opengov.com/portal/dc

3. CONTRACTING OFFICER (or “CO”)

The Task Order will be entered into and signed on behalf of the Department only by the Contracting Officer. The name and contact information for the Contracting Officer for the proposed Task Order is as follows:

Peter Henry Lyonga Contracting Officer Department of General Services Contracts & Procurement Division 3924 Minnesota Avenue, NE, 5th Floor peterhenry.lyonga@dc.gov

Only a duly authorized Contracting Officer shall have the authority to direct the Contractor to start the Project or to issue change orders, contract modifications, or change directives on the Department’s behalf. The Program Manager shall not have the authority to modify any of the rights and obligations of the Department or the Contractor pursuant to the proposed Task Order, or to issue change orders, contract modifications, or change directives.

4. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (“COTR”)

The name and contact information for the COTR for the proposed Task Order is as follows:

Kerric T. Baird Program Manager Capital Construction Services 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019 Phone: (202) 679-9523 kerric.baird@dc.gov

5. PROGRAM MANAGER (“PM” or “Program Manager”)

The name and contact information for the Program Manager for the proposed Task Order is as follows:

Kerric T. Baird Program Manager Capital Construction Services 3924 Minnesota Avenue, NE, 5th Floor Washington, DC 20019 Phone: (202) 679-9523 kerric.baird@dc.gov mailto:peterhenry.lyonga@dc.gov mailto:kerric.baird@dc.gov mailto:kerric.baird@dc.gov

6. TIME OF COMPLETION/PERIOD OF PERFORMANCE

The Contractor shall complete the Project and achieve Substantial Completion by August 30, 2027 (“Substantial Completion Date”), and Final Completion is required by December 29, 2028 (“Final Completion Date”).

6.1 “Substantial Completion” shall mean that all of the following have occurred: (1) the preconstruction, construction, and installation work have been completed with only minor punchlist items remaining to be completed; (2) a permanent certificate of occupancy and all other required permits or approvals have been obtained; (3) all operating and maintenance materials, manuals, training recordings videos, and draft warranties required by the Task Order have been delivered to the Department; (4) final warranties have been submitted for material and labor for any installed, replaced, or repaired synthetic surfaces at recreation spaces including, but not limited to, the following material types: Pour-in- Place (“PIP”), artificial grass or turf, rubber mulch, and engineered wood fiber, if applicable; (5) any supplemental training session required by the Task Order for operating or maintenance personnel have been completed; (6) all clean-up required by the Task Order has been completed; (7) the Project is ready for DCPS and the Department to use it for its intended purpose; (8) all equipment, supplies, materials and items to be installed have been installed in accordance with the manufacturer’s specifications and industry standards and have undergone and passed the requisite testing and inspections; and (9) certificates of compliance with impact standards (IPEMA) for synthetic surfaces at recreation spaces have been submitted to the Department, if applicable. "Minor punchlist items" are defined for this purpose as items that, in the aggregate, can be completed within fifteen (15) days from the Substantial Completion Date without interfering with the Department's normal use of the Project.

6.2. “Final Completion” shall mean the point at which Substantial Completion has been achieved, all punchlist items noted at Substantial Completion have been completed, all final warranties and manuals have been submitted and approved, and all documents the Contractor is required to deliver to the Department as a condition to receiving final payment have been received.

6.3. “Work” is defined as the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

6.4. Administrative Term. An administrative term of December 30, 2031 (“Administrative Term Date”) is hereby established for all work subject to the proposed Task Order. The Administrative Term is established to permit the District of Columbia Office of the Chief Financial Officer to process payments in the event any payments become due. Notwithstanding the preceding, nothing herein shall be construed to extend the Substantial Completion Date, extend the Final Completion Date, or limit the Department's ability to assess liquidated damages.

6.5. Delays. Unless a delay in completing activities is the result of a postponement by the Department beyond the timeframes set forth herein or an event of force majeure, delays in completing the Preconstruction and Construction activities shall not be considered excusable and shall not justify an extension of the Substantial Completion Date and therefore, at no additional cost to the Department, the Contractor shall provide additional labor for overtime and weekend work, as required from time to time to comply with the Project schedule.

7. SUBCONTRACTING REQUIREMENTS

7.1 Mandatory Subcontracting Requirement

(a) The Contractor(s) must comply with the provisions outlined in Article 12 of the underlying BOA.

(b) Unless the Director of the DC Department of Small and Local Business Development (“DSLBD”) has approved a waiver in writing in accordance with D.C. Official Code § 2- 218.51, for all contracts in excess of $250,000.00 at least 35% of the dollar volume of the contract shall be subcontracted to SBEs.

(c) If there are insufficient SBEs to completely fulfill the requirement of paragraph (a) of this Section 7.1 above, then the subcontracting may be satisfied by subcontracting (35%) of the dollar volume to any qualified CBEs; provided, however, that all reasonable efforts shall be made to ensure that SBEs are significant participants in the overall subcontracting work.

(d) Prime Contractor that is certified by DSLBD as a small, local, or disadvantaged business enterprise shall not be required to comply with the provisions of paragraphs (a) and (b) above of this Section 7.1.

(e) Except as provided in paragraphs (e) and (g) below of this Section 7.1, a Prime Contractor that is a CBE and has been granted a proposal preference pursuant to D.C.

Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least (35%) of the contracting effort with its own organization and resources and, if it subcontracts, (35%) of the subcontracting effort shall be with CBEs. A CBE Prime Contractor that performs less than (35%) of the contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

(f) A Prime Contractor that is a certified Joint Venture and has been granted an offer preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least (50%) of the contracting effort with its own organization and resources and, if it subcontracts, (35%) of the subcontracting effort shall be with CBEs.

A certified Joint Venture Prime Contractor that performs less than (50%) of the contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

(g) Each CBE utilized to meet these subcontracting requirements shall perform at least (35%) of its contracting effort with its own organization and resources.

(h) A Prime Contractor that is a CBE and has been granted an offer preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least (50%) of the on-site work with its own organization and resources if the Agreement is one ($1) million dollars or less.

7.2 Subcontracting Plan Requirements

If the Prime Contractor is required by law to subcontract under the contract and does not fall within Section 7.1(e) above, it must submit a subcontracting plan for at least (35%) of the dollar volume of the contract in accordance with D.C. Official Code § 2-218.46. The subcontracting plan shall be submitted as part of the Proposal and may only be amended with the prior written approval of the CO and Director of DSLBD. Any reduction in the dollar volume of the subcontracted portion resulting from an amendment of the plan shall inure to the benefit of the District and the Department. Each subcontracting plan shall include the following:

a) The name and address of each subcontractor;

b) A current certification number of the small or certified business enterprise;

c) The scope of work to be performed by each subcontractor; and

d) The price that the Prime Contractor will pay each subcontractor.

7.3 Copies of Subcontracts

Within twenty-one (21) days of the date of award, the Prime Contractor shall provide fully executed copies of all subcontracts identified in the subcontracting plan to the CO, the District of Columbia Auditor, and the Director of the DSLBD.

7.4 Subcontracting Plan Compliance Reporting

a) The Prime Contractor has a subcontracting plan required by law for this Agreement; the Prime Contractor shall submit a quarterly report to the CO, the District of Columbia Auditor, and the Director of DSLBD. The quarterly report shall include the following information for each subcontract identified in the subcontracting plan:

1. The price that the Prime Contractor will pay each subcontractor under the subcontract;

2. A description of the goods procured or the services subcontracted for;

3. The amount paid by the Prime Contractor under the subcontract; and

4. A copy of the fully executed subcontract, if it was not provided with an earlier quarterly report.

b) If the fully executed subcontract is not provided with the quarterly report, the Prime Contractor will not receive credit toward its subcontracting requirements for that subcontract.

7.5 Annual Meetings

Upon at least 30-days written notice provided by DSLBD, the Prime Contractor shall meet annually with the CO, contract administrator (“CA”), District of Columbia Auditor, and the Director of DSLBD to provide an update on its subcontracting plan.

7.6 DSLBD Notices

The Prime Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor upon commencement of the Agreement and when the Agreement is completed.

7.7 Enforcement and Penalties for Breach of Subcontracting Plan

A Prime Contractor shall be deemed to have breached a subcontracting plan required by law, if the Prime Contractor: (i) fails to submit subcontracting plan monitoring or compliance reports or other required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or compliance report or other required subcontracting information containing a materially false statement; or (iii) fails to meet its subcontracting requirements. A Prime Contractor that is found to have breached its subcontracting plan for utilization of CBEs in the performance of a contract shall be subject to the imposition of penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63.

If the CO determines the Prime Contractor’s failure to be a material breach of the Agreement, the CO shall have cause to terminate the Agreement under the default provisions in the Standard Contract Provisions. Neither the Prime Contractor nor its subcontractor may remove a subcontractor or tier-subcontractor if such subcontractor or tier-subcontractor is certified as an LSDBE company unless the Department approves of such removal, in writing. The Department may condition its approval upon the Prime Contractor developing a plan that is, in the Department’s sole and absolute judgment, adequate to maintain the level of LSDBE participation in the Project.

7.8 Residency Hiring Requirements for Contractors and Subcontractors

At least fifty-one percent (51%) of the Offeror’s team and every subcontractor’s employee hired after the Offeror enters into a contract with the Department, or after such sub-consultant enters into a contract with the Offeror, to work on this Project, shall be residents of the District of Columbia.

Upon execution of the contract, the Offeror and all of its member firms, if any, and each of its subcontractors and sub-consultants shall submit to the Department a list of current employees that will be assigned to the Project, the date that they were hired and whether or not they live in the District of Columbia.

The Offeror shall comply with subchapter III of Chapter II of Title 1, and subchapter II of Chapter II of Title 1 of the D.C. Code, and all successor acts thereto, and the rules and regulations promulgated thereunder. The Offeror and all member firms, subcontractors, tier subcontractors, sub-consultants, and suppliers with contracts in the amount of ($100,000.00) or more shall be required to comply with the following: (i) enter into a First Source Employment Agreement with the D.C. Department of Employment Services (“DOES”) upon execution of the Agreement; (ii) submit an executed First Source Agreement to DOES prior to beginning work on the Project; (iii) make best efforts to hire at least (51%) District residents for all new jobs created by the Project; (iv) list all employment vacancies with DOES; (v) submit monthly compliance reports to DOES by the 10th of each month; (vi) at least (51%) apprentices and trainees employed must be residents of the District registered in a program approved by the D.C. Apprenticeship Council; and (vii) trade contractors and subcontractors with contracts in the amount of ($500,000.00) or more must register an apprenticeship program with the D.C.

Apprenticeship Council.

The Offeror shall comply with Subchapter X of Chapter II of Title 2, and all successor acts thereto, including by not limited to the Workforce Intermediary Establishment and Reform of First Source Amendment Act of 2011, and the rules and regulations promulgated thereunder, including, but not limited to the following requirements:

a) At least twenty percent (20%) of journey worker hours by trade shall be performed by District residents.

b) At least sixty percent (60%) of apprentice hours by trade shall be performed by District residents.

c) At least fifty-one percent (51%) of the skilled laborer hours by trade shall be performed by District residents, and

d) At least seventy percent (70%) of common laborer hours shall be performed by District residents.

7.9 Apprenticeship Act

The District of Columbia Apprenticeship Act of 1946, D.C. Official Code §§ 32-1401 et seq. (“Act”), as amended, may apply to this project. All subcontractors selected to perform work on the Project on a craft-by-craft basis shall be required to comply with this Act. All terms and conditions of the Act, D.C. Apprenticeship Council Rules and Regulations, as well as any federal requirements, shall be implemented. The Prime Contractor shall be liable for any subcontractor non-compliance. Thirty-five percent (35%) of all apprentice hours worked shall be performed by District residents.

8. INSURANCE REQUIREMENTS

A. GENERAL REQUIREMENTS. The Developer at its sole expense shall procure and maintain, during the entire period of performance under this contract, the types of insurance specified below. The Developer shall submit a Certificate of Insurance to the Contracting Officer (CO) giving evidence of the required coverage prior to commencing performance under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the CO.

If the Developer and/or its subcontractors maintain broader coverage and/or higher limits than the minimums shown below, the District requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Developer and subcontractors.

B. INSURANCE REQUIREMENTS

1. Commercial General Liability Insurance (“CGL”) - The Developer or its Contractors shall provide evidence satisfactory to the CO with respect to the services performed that it carries a CGL policy, written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least as broad and approved by the CO in writing), covering liability for all ongoing and completed operations of the Developer and under all subcontracts, covering claims for bodily injury, including without limitation sickness, disease or death and mental anguish of any persons, broad form property damage, including loss of use resulting therefrom, personal and advertising injury, and including coverage for liability arising out of an Insured Contract (including the tort liability of another assumed in a contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage shall have limits of liability of not less than $1,000,000 for each occurrence, $2,000,000 general aggregate, $2,000,000 products and completed operations aggregate, and $1,000,000 personal and advertising injury aggregate limit.

The Commercial General Liability shall be further endorsed to:

a) To the fullest extent permitted by law, provide additional insured coverage using ISO form CG 2010 0413 and CG2037 04 13 (or its equivalent) to The Government of the District of Columbia

b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects any other insurance, deductibles, or self-insurance available to the additional insureds

c) A waiver of subrogation in favor of The Government of the District of Columbia

d) Any Annual Aggregate shall apply on a per location or per project basis

e) Defense costs shall be in addition to and not erode the limits of liability

2. Automobile Liability Insurance - The Developer or its Contractors shall provide evidence satisfactory to the CO of commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or another form with coverage at least as broad and approved by the CO in writing) including coverage for all owned, hired, borrowed and non-owned vehicles and equipment used by the Developer or contractors in connection with work under this agreement, with a minimum combined single limit of $1,000,000. Such policy or policies of automobile liability insurance shall be written on an "occurrence" (as opposed to a "claims made") basis.

The Commercial Auto Liability policy shall be further endorsed to:

a) To the fullest extent permitted by law, provide additional insured coverage to The Government of the District of Columbia

b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects any other insurance, deductibles, or self-insurance available to the additional insureds

c) A waiver of subrogation in favor of The Government of the District of Columbia

d) Defense costs shall be in addition to and not erode the limits of liability

e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or its equivalent)

f) Moving and Storage Companies shall be required to provide evidence of BMC91 or BMC91X filing

For Developers or contractors using District Government-Owned Vehicles:

Agencies that provide Developers or contractors with District Government-owned or leased motor vehicles are responsible for ensuring that such vehicles are used only for the performance under this Contract. Developer and its subcontractors are prohibited from using such vehicles for home-to-work transportation unless specifically provided for under the terms of the contract and approved in writing by the Contracting Officer, or otherwise provided by law. Developer or its Contractors shall obtain automobile liability insurance with a minimum combined single limit of $1,000,000 to cover bodily injury and property damage to protect the Developer and the Government of the District of Columbia against third-party claims arising from the use of District Government-owned vehicles. The Commercial Auto Liability Policy shall be endorsed to include:

a) To the fullest extent permitted by law, provide additional insured coverage to The Government of the District of Columbia;

b) Coverage available to the additional insureds shall apply on a primary and non-contributing basis as respects any other insurance, deductibles, or self-insurance available to the additional insureds; and

c) A waiver of subrogation in favor of The Government of the District of Columbia.

In the event of loss, destruction, or damage to any government-owned vehicles used in the performance of contact, Developer or its Contractors shall be liable for full cost of repair or replacement of lost, destroyed, or damaged vehicle.

3. Workers’ Compensation Insurance - The Developer or its Contractors shall provide evidence satisfactory to the CO of Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia or the jurisdiction in which the contract is performed.

Employer’s Liability Insurance - The Developer or its Contractors shall provide evidence satisfactory to the CO of employer’s liability insurance as follows: $500,000 per accident for injury; $500,000 per employee for disease; and $500,000 for policy disease limit.

The Workers Compensation and Employers Liability shall be further endorsed to:

a) Include a Waiver of Subrogation in favor of The Government of the District of Columbia.

b) Where applicable, include United States Longshore and Harbor Workers Compensation Act (USL&H)

c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if any” basis.

4. Cyber (Media Liability and Network Security/Privacy) Liability Insurance covering acts, errors, omissions, and violation of any consumer protection laws arising out of Developer’s or its Contractors operations or services with a limit of $1,000,000 per claim and in the aggregate. Such coverage shall include but not be limited to, third party and first party coverage for loss or disclosure of any data, including personally identifiable information and payment card information, network security failure, violation of any consumer protection laws, unauthorized access and/or use or other intrusions, infringement of any intellectual property rights (except patent), negligence or breach of duty to use reasonable care, breach of any duty of confidentiality, invasion of privacy, or violations of any other legal protections for personal information, defamation, libel, slander, commercial disparagement, negligent transmission of computer virus, or use of computer networks in connection with denial of service attacks. Such coverage shall include regulatory defense and fines/penalties in any jurisdiction anywhere in the world. Such coverage shall include contractual privacy coverage for data breach response and crisis management costs that would be incurred by Developer or its Contractors on behalf of The Government of the District of Columbia in the event of a data breach including legal and forensic expenses, notification costs, credit monitoring costs, and costs to operate a call center. Developer or its Contractors shall maintain coverage in force during the term of this Agreement and for an extended reporting period of not less than two (2) years after.

5. Technology Liability Insurance (Errors & Omissions) - The Developer or its Contractors shall provide Technology Liability Insurance (Errors and Omissions) to cover liability resulting from any error or omission in the performance of professional services under this Contract. The policy shall provide limits of $500,000 per claim or per occurrence for each wrongful act and $500,000 annual aggregate. The Developer or its Contractors warrants that any applicable retroactive date precedes the date the Developer first performed any professional services for the Government of the District of Columbia and that continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least ten years after the completion of the professional services.

Limits may not be shared with other lines of coverage.

6. Professional Liability Insurance (Errors & Omissions) - The Developer or its Contractors shall provide Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any error or omission in the performance of professional services under this Contract. The policy shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and $2,000,000 annual aggregate. The Developer or its Contractors warrants that any applicable retroactive date precedes the date the Developer or its Contractors first performed any professional services for the Government of the District of Columbia and that continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least ten years after the completion of the professional services. Limits may not be shared with other lines of coverage.

7. Commercial Umbrella or Excess Liability - The Developer or its Contractors shall provide evidence satisfactory to the CO of commercial umbrella with minimum limits of $5,000,000 per occurrence and $5,000,000 in the annual aggregate. Coverage must excess of required commercial general liability, commercial auto liability, and employers’ liability. The insurance required under this paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be primary to any insurance, self-insurance or reinsurance maintained by The Government of the District of Columbia and the “other insurance” provision must be amended in accordance with this requirement and principles of vertical exhaustion.

8. Crime Insurance (3rd Party Indemnity) - The Developer or its Contractors shall provide a Crime policy including 3rd party fidelity to cover the dishonest acts of Contractors, its employees and/or volunteers which result in a loss to the District. The Government of the District of Columbia shall be included as loss payee. The policy shall provide a limit of $100,000 per occurrence.

9. Environmental Liability/Contractors Pollution Liability Insurance - The Developer or its Contractors shall provide evidence satisfactory to the CO of environmental liability insurance covering losses caused by pollution or other hazardous conditions arising from ongoing or completed operations of the Developer or its Contractors. Such insurance shall apply to bodily injury, property damage (including loss of use of damaged property or of property that has been physically injured), clean-up costs, transit and non-owned disposal sites. Coverage shall extend to defense costs and expenses incurred in the investigation, civil fines, penalties and damages or settlements. There shall be neither an exclusion nor a sublimit for mold or fungus-related claims, legionella, asbestos, lead paint, or silica. The minimum limits required under this paragraph shall be $2,000,000 per occurrence and $2,000,000 in the annual aggregate. If such coverage is written on a claims-made basis, the Developer or its Contractors warrants that any retroactive date applicable to coverages under the policy precedes the Developer or its Contractors’ performance of any work under the Contract and that continuous completed operations coverage will be maintained for at least ten (10) years or an extended reporting period shall be purchased for no less than ten

(10) years after completion.

The Developer or its Contractors also must furnish to the CO Owner certificates of insurance evidencing environmental liability insurance maintained by third party transportation and disposal site operators(s) used by the Developer for losses arising from facility(ies) accepting, storing or disposing hazardous materials or other waste as a result of the Developer or contractors’ operations. Such coverages must be maintained with limits of at least the amounts set forth above.

The Environmental Liability policy shall be further endorsed to include The Government of the District of Columbia as an Additional Insured.

10. Employment Practices Liability - The Developer or its Contractors shall provide evidence satisfactory to the CO with respect to the operations performed to cover the defense of claims arising from employment related wrongful acts including but not limited to: Discrimination, Sexual Harassment, Wrongful Termination, Workplace Torts, "Bullying" in "any location" and "by any means," including the Internet, whether between employees of Developer/Contractors or against third parties. Employment Practices Liability coverage must specifically state Third Party Liability coverage is included.

Developer or its Contractors will indemnify and defend The Government of the District of Columbia should it be named co-defendant or be subject to or party of any claim. Coverage shall also extend to Temporary Help Firms and Independent Contractors hired by Developer or its Contractors. The policy shall provide limits of not less than $1,000,000 for each wrongful act and $2,000,000 annual aggregate for each wrongful act.

11. Installation-Floater Insurance - For projects not involving structural alterations, the Developer or its Contractors shall provide an installation floater policy with a limit equal to the Property values being installed as part of the project. The policy shall cover property while located at the project site, at temporary locations, or in transit; deductibles will be the sole responsibility of the Developer.

12. Riggers Liability – If and to the extent Developer or its Contractors’ services or scope of Work call for, require, or involve the lifting, picking, rigging and setting of others property, materials or equipment, Developer or its Contractors shall procure, maintain and pay for Riggers Liability Insurance to insure against physical loss of or damage in amounts sufficient to insure the full market value and / or replacement costs of the property, materials or equipment being lifted, with a minimum liability limit of $1,000,000. In addition to replacing any property, materials or equipment damaged through Developer or its Contractors’ work involving the lifting, picking, rigging and or setting, Developers or its Contractors shall also be responsible for all consequential loss of use, and delay damages involved in replacing and / or repairing the damaged property, materials, or equipment.

Failure to carry appropriate insurance and / or failure to carry adequate limits shall not relieve Developer or its Contractors from its indemnity and contractual obligations herein.

13. Sexual/Physical Abuse & Molestation - The Developer or its Contractors shall provide evidence satisfactory to the CO with respect to the services performed that it carries $1,000,000 per occurrence limits; $2,000,000 aggregate of affirmative abuse and molestation liability coverage. Coverage should include physical abuse, such as sexual or other bodily harm and non-physical abuse, such as verbal, emotional, or mental abuse; any actual, threatened or alleged act; errors, omission or misconduct. This insurance requirement will be considered met if the general liability insurance includes an affirmative sexual abuse and molestation endorsement for the required amounts or through a separate stand-alone sexual abuse and molestation policy with confirmation there are no exclusions for abuse or assault & battery under the General Liability. So called “silent” coverage or “shared” limits under a commercial general liability or professional liability policy will not be acceptable. Limits may not be shared with other lines of coverage. The applicable policy may need to be submitted to the Office of Risk Management for compliance review.

14. Cargo: Developer or its Contractors shall maintain cargo insurance in an amount equal to the full value of the maximum quantity of goods expected to be transported at any one time under this contract, but in no event less than $100,000 per shipment to compensate the Government of the District of Columbia for any and all loss, damage or delay to property which was placed into possession of carrier. Cargo insurance must provide “all risks” and “broad form” coverage. If goods are to be stored, Developer or its Contractors shall maintain Property Insurance providing coverage for property/equipment that is in Developer or its Contractors’ care, custody and control. Developer or its Contractors shall cover the Government of the District of Columbia’s interest in such property and provide coverage for perils of direct physical damage on an “all risk” basis, including but not limited to fire, theft, vandalism, flood and earthquake. Property limit shall be sufficient to cover the full replacement value of all property in Developers or its Contractors’ care, custody, and control, subject to a minimum limit of $2,000,000.

Construction Projects Controlled by the District

For construction projects controlled by the District, the District will procure the following policies with the District listed as the first named insured. Since the District will control the placement of the policies, the District should not contractually bind itself to secure coverage broader than the minimum that satisfies the interests of the Developer or its Contractors.

Builders Risk – The District shall purchase and maintain, in a company authorized to do business in the jurisdiction in which the project is located, builders risk insurance, written on an “all risk”, special causes of loss or equivalent form. Builders risk coverage will include boiler and machinery / equipment breakdown, earthquake, and flood perils.

Building ordnance and terrorism coverage will be included.

The deductible shall not exceed $100,000 except for earthquake, flood, windstorm, water damage or other perils at the discretion of the District and as available in the insurance industry. The deductible for Frame or Joisted Masonry construction shall not exceed $100,000.

The project limit shall equal the replacement value of the structure, including coverage for property in transit and stored off premises.

At the discretion of the District, builders risk coverage will extend to soft costs and delayed completion.

Builders risk insurance shall include the interests of The Government of the District of Columbia, the Developer, Subcontractors and Sub – subcontractors in the project.

C. SUBCONTRACTOR INSURANCE REQUIREMENTS

Any and all subcontractors engaged by Developer for work under this agreement shall be required to have the same insured required of Contractor. Should the Developer wish to propose different insurance requirements for the subcontractor than the ones outlined in the Contract, then, prior to commencement of work by the subcontractor, the Developer shall submit in writing the name and brief description of work to be performed by the subcontractor to the CO. The CO will promptly provide in writing to the Contractor with a decision regarding the insurance requirements applicable to the subcontractor. When requested by the CO, the Developer must provide proof of the subcontractor's required insurance prior to commencement of work by the subcontractor.

D. PRIMARY AND NONCONTRIBUTORY INSURANCE

The insurance required herein shall be primary to and will not seek contribution from any other insurance, reinsurance or self-insurance including any deductible or retention, maintained by the Government of the District of Columbia.

E. DURATION. The Developer shall carry all required insurance until all contract work is accepted by The Government of the District of Columbia and shall carry listed coverages for ten years for construction projects following final acceptance of the work performed under this contract and two years for non-construction related contracts.

F. LIABILITY. These are the required minimum insurance requirements established by The Government of the District of Columbia. However, it is understood that The Government of the District of Columbia does not in any way represent that the insurance or the limits of insurance specified herein are sufficient or adequate to protect your interests or liabilities and will not in any way limit the Developer’s liability under this contract.

G. DEVELOPER’S PROPERTY. Developer and subcontractors are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding, and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of The Government of the District of Columbia.

H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make any separate measure or payment for the cost of insurance and bonds. The Developer shall include all the costs of insurance and bonds in the contract price.

I. NOTIFICATION. The Developer shall ensure that all policies provide that the CO shall be given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material changes to the extent such cancellation or material changes results in Developer no long complying with the above requirements. The Developer shall provide the CO with ten (10) days’ prior written notice in the event of non-payment of premium.

The Developer will also provide the CO with an updated Certificate of Insurance should its insurance coverages renew during the contract. The Government of the District of Columbia may reasonably change the above insurance coverage requirements during the Term by giving Developer at least 30 days’ notice of the change. Developer must comply, at your expense, and deliver to the CO evidence of compliance before the change becomes effective.

J. CERTIFICATES OF INSURANCE. The Developer must send to CO, at least 10 days after execution of this Agreement, certificates of insurance evidencing the required insurance coverage and endorsements required herein. Developer must also provide us with evidence of renewal before the expiration date of each insurance policy. Developer is responsible for providing us with 30 days advanced written notice if the certificate of insurance by the insurer has been canceled, reduced in coverage, or otherwise altered.

Certificates of insurance must reference the corresponding contract number. Evidence of insurance shall be submitted to:

The Government of the District of Columbia And emailed to the attention of:

Peter Henry Lyonga

Department of General Services Contracts & Procurement Division 3924 Minnesota Avenue, NE, 5th Floor peterhenry.lyonga@dc.gov

The CO may request, and the Developer shall promptly deliver updated certificates of insurance, endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the insurance initially obtained by the Developer expires prior to completion of the contract, renewal certificates of insurance and additional insured and other endorsements shall be furnished to the CO prior to the date of expiration of all such initial insurance. For all coverage required to be maintained after completion, an additional certificate of insurance evidencing such coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or replaced).

mailto:peterhenry.lyonga@dc.gov

K. DISCLOSURE OF INFORMATION. The Developer agrees that The Government of the District of Columbia may disclose the name and contact information of its insurers to any third party which presents a claim against The Government of the District of Columbia for any damages or claims resulting from or arising out of work performed by the Developer, its agents, employees, servants or subcontractors in the performance of this contract.

L. CARRIER RATINGS. All Developer’s and its subcontractors’ insurance required in connection with this contract shall be written by insurance companies with an A.M. Best Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating agency) and licensed in the District of Columbia.

M. WARRANTIES. When applicable, the Developer should be named as an additional insured on the applicable manufacturer’s/distributer’s Commercial General Liability policy using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form with coverage at least as broad). CO should collect, review for accuracy, and maintain all warranties for goods and services.

9. DAVIS BACON WAGE DETERMINATION ACT AND TITLE 29 CFR 5.5 DAVIS

BACON PROVISION

The Contractor agrees that the Work performed under the proposed Task Order shall be subject to the Davis Bacon Wage Determination Act as set forth in Attachment D and Title 29 CFR 5.5 Davis Bacon Provision as set forth in Attachment E, in effect at the time of the Task Order execution by the Department.

10. LIVING WAGE ACT

The Contractor agrees that the Work performed under the proposed Task Order shall be subject to the Living Wage Act in effect at the time of the Task Order execution by the Department. As such, The Contractor and its subcontractors shall comply with the wage reporting requirements imposed by the act as set forth in Attachment L.

11. PERFORMANCE AND PAYMENT BONDS

The Contractor shall provide to the Department a payment and performance bond (Attachment O) prior to commencing work on the Project, in accordance with Section 11.2.2 of the underlying BOA. This bond shall cover all aspects of the Project, including but not limited to design fee, design-build fee, general condition price, and any allowances, ensuring full protection for the Department and all subcontractors and suppliers.

12. LIQUIDATED DAMAGES

If the Contractor does not complete the Work by the Substantial Completion Date, liquidated damages will be assessed in the amount of $2,500.00 per calendar day until Substantial Completion is achieved, and the Project is accepted by the Government. The Government’s remedies for failure to comply with the Contract terms and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the Government's ability to terminate the Contractor for the failure to submit Contract deliverables when due. The Contractor and the Department agree that the liquidated damages do not constitute and shall not be deemed a penalty but represent a reasonable approximation of the damages to the Department associated with a delay in the Project. Nothing herein shall be construed to extend the Substantial Completion Date or the Final Completion Date.

13. FIRST SOURCE EMPLOYMENT AGREEMENT AND REVISED

EMPLOYMENT PLAN

The Contractor shall comply with the First Source requirements and execute a First Source Employment Agreement with the District of Columbia Department of Employment Services (“DOES”) prior to beginning the Work. The Offeror shall submit to the Department the First Source Employment Agreement and First Source Revised Employment Plan (Attachment J) with their proposal.

14. ADMINISTRATIVE MATTERS

14.1 Use of the Department’s Electronic Project Management Information System (ProjectTeam). Awarded vendor shall utilize the Department’s ProjectTeam system to create, manage and/or submit any and all documentation required to be provided by the vendor during the course of the Project, including, but not limited to: (i) requests for information; (ii) submittals; (iii) potential change orders; (iv) meeting minutes; (v) pencil copy invoices; (vi) drawings and specifications; (vii) punchlist; and (viii) other documents as may be designated by the Department.

14.2 Invoice Submittal. The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://cfo.dc.gov/page/supplier-portal-login-page. The Contractor shall submit proper invoices on a monthly basis. To constitute a proper invoice, the Contractor shall enter all required information into the Portal after selecting the applicable purchase order number which is listed on the Contractor’s profile.

14.3 Department of General Services Configuration Management Policy Compliance.

The Contractor shall fully comply with all mandatory baseline configuration, system hardening, and patch management requirements outlined in Policy Number IT-CM-0010.0 (Department of General Services Configuration Management Policy), (Attachment Q) incorporated as a reference document.

https://cfo.dc.gov/page/supplier-portal-login-page https://cfo.dc.gov/page/supplier-portal-login-page

15. CAMPAIGN FINANCE REFORM ACT

The Contractor agrees to comply with the Campaign Finance Reform Act certification required pursuant to D.C. Official Code § 1-1161.01 and will satisfy all self-certification requirements prior to the execution of any task order, as applicable. The Offeror shall submit to the Department the Self Certification Form (Attachment P) with their proposal.

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

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

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

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

(3) As calculated with the same percentage indirect cost rate as the nonprofit organization negotiated with any District agency within the past 2 years; however, a nonprofit organization may request to renegotiate indirect costs rates in accordance with 16.2; or

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

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

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

17. BUY AMERICAN ACT PROVISIONS

The Design-Builder shall comply with the provisions of the Buy American Act (41 U.S.C.