Scope_of_Work_-_RFTOPCS0179-Cardozo_EC_HVAC_Upgrades.pdf

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

Attachment A Scope of Work

[ATTACHMENT WILL APPEAR ON THE FOLLOWING PAGE]

CARDOZO EDUCATION CAMPUS HVAC UPGRADES

1.0 Scope of Work

1.1 Introduction

The District of Columbia (the “District”) Department of General Services (“DGS” or the “Department”), on behalf of the District of Columbia Public Schools (“DCPS”) is seeking a design-builder (the “Design-Builder” or “Contractor”) to perform this scope of work at the Cardozo Education Campus HVAC Upgrades (“the Project”).

Project Background

Francis L. Cardozo Education Campus, originally constructed as Central High School in 1916, underwent a comprehensive modernization and addition between 2011 and 2013. The facility is currently served by a distributed HVAC system consisting primarily of water-source heat pump (“WSHP”) terminal units serving instructional and administrative spaces. The condenser water loop is maintained within its operating temperature range using natural gas-fired boilers during the heating season and cooling towers during the cooling season.

Ventilation air is provided by four (4) dedicated outdoor air systems (“DOAS”), while select single-zone spaces are served by four (4) rooftop units (“RTUs”) and five (5) energy recovery units (“ERUs”). The natatorium is conditioned by a dedicated dehumidification unit designed for humidity and air quality control.

This Project addresses system aging, operational deficiencies, and deferred maintenance through a targeted program of capital renewal and system optimization. The work includes replacement and upgrades of select HVAC equipment, repairs to existing systems, enhancements to the building automation system (“BAS”) and controls, comprehensive preventive maintenance measures, and retro-commissioning to restore and verify system performance.

The Contractor’s scope of work will be divided into two Phases: (i) the Design and Preconstruction Phase; and (ii) the Construction Phase.

Design and Preconstruction Phase Upon receipt of the initial Task Order, which will serve as the Notice-to-Proceed (“NTP”), the Design-Build and Preconstruction Phase shall commence.

During this phase, the Contractor shall:

a) Evaluate the current structure, layout, and functionality of the school with respect to the requirements set forth in the performance criteria;

b) Create, in consultation with the Department, whatever design documents are required to complete the Project (“Bid Set”), including a permit set of design documents, if required;

c) Provide three (3) budget estimates during the Design-Build Phase to demonstrate that the design is within the design-to-budget;

d) Engage in value engineering to align the scope of work with the design-to-budget;

e) Engage in preconstruction activities, including constructability reviews, material procurement (long-lead items), and permitting, as well as preparing a sequence of construction and schedule;

f) Develop an early funding release package, as necessary; and

g) Develop a GMP package in accordance with Section 6.0.

Project Budget The Project design-to-budget is $3, 500,000 for construction hard costs.

Design-Build Fee Allocation The Design-Build Fee shall be allocated with fifteen percent (15%) of the Design-Build Fee to the Preconstruction Phase (“Preconstruction Fee”), and eighty-five percent (85%) to the Construction Phase.

Invoice Limitation During the Preconstruction Phase, the Contractor shall only invoice against the Design Fee, Preconstruction Fee, and any use of the allowances, if approved by DGS, in writing.

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

1.2 Project Goals

The Project has the following goal:

a) Complete a comprehensive equipment survey.

b) Restore design functionality to all equipment and controls.

c) Repair or replace defective equipment.

d) Upgrade the building controls systems.

e) Retro-commission (RCx) to the HVAC and BAS to verify conformance to design parameters.

1.3 Performance Criteria

The scope of the Project generally includes, but is not limited to, the following. The Contractor shall:

a) Survey each piece of equipment to evaluate condition and estimate life cycle position.

b) Identify assets using refrigerants subject to the American Innovation and Manufacturing (“AIM”) Act phasedown.

c) Identify all upgrades necessary to bring equipment to Day-1 design conditions.

d) Complete upgrades and replacements approved by DGS. This includes AHUs, RTUs, cooling towers, water-source heat pumps, central plant HVAC equipment, etc.

e) Replace the existing Siemens BAS/Desigo CC building management system with a non-proprietary system. Replace controllers and control devices.

f) Upgrade the existing Delta enteliWEB system to the latest version. Update the graphics and build out the central plant. Install power and water submeters and integrate them into the trending platform.

g) Replace the controllers at each AAON AHU, RTU, and ERV with open-source, programmable, BACnet controllers.

h) Install a second plate and frame heat exchanger in the central plant to facilitate future maintenance and resiliency.

i) Complete an ASHRAE Level 3 Energy Audit.

j) RCx to the HVAC and BAS following ASHRAE Standard 202—Commissioning Process for Buildings and Systems. RCx shall be completed by a qualified Commissioning Provider (CxP).

k) Improve safe access to rooftop-mounted equipment by replacing existing vertical ladders with aluminum stairs or 60° ship ladders with platforms conforming to OSHA

1910.25 Stairways. Stairs and ladders should have 42-inch handrails. Powder coat stairs and ladders in a custom RAL color selected by DGS.

l) Include permit expediting services as part of the Preconstruction Fee or Design Fee.

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

1.4 DCPS Requirements and Code Compliance

The Contractor shall follow all DCPS educational specifications (“Educational Specifications” or “Ed Specs”) and requirements, as well as comply with all current applicable codes recently implemented and/or adopted by Washington, DC, including but not limited to the 2017 District of Columbia Building Code Amendments (DCMR 12A), the 2017 District of Columbia Electrical Code (DCMR 12C), the 2017 District of Columbia Fuel Gas Code (DCMR 12D), the 2017 District of Columbia Mechanical Code (DCMR 12E), the 2017 District of Columbia Plumbing Code (DCMR 12F), the 2017 District of Columbia Fire Code (DCMR 12H), 2017 DC Energy Conservation Code (DCMR 12I), 2017 DC Existing Building Code (DCMR 12J), and the 2017 District of Columbia Green Construction Code (DCMR 12K). The Contractor shall also follow all applicable State and Federal laws, codes, and regulations.

1.5 Exhibits

1. Exhibit 1 – 2012 Cardozo EC Modernization Drawings

1.6 Allowance(s)

1. Owner Controlled Allowance .......................................................................$25,000.00

2. Building Permit Fee Allowance .....................................................................$25,000.00

2.0 Proposed Project Delivery Schedule

Project Kickoff Meeting ................................................................................. 1 week from NTP Substantial Completion Date ............................................................................ August 30, 2027 Final Completion Date ................................................................................. December 29, 2028 Administrative Term Date ........................................................................... December 30, 2031

3.0 Project Requirements

3.1 Scope of Work Organization

While this Project is at the request of DCPS, at no point shall the Contractor make any changes to the scope, schedule, or budget of the Project without written direction from DGS. All Project changes must be properly approved and authorized by DGS and must be incorporated as a contract change (refer to the Standard Contract Provisions for Construction Contracts and Standard Contract Provisions for Architectural and Engineering Services Contracts and Section

3.2 of this Scope of Work).

3.2 Contract Changes

Requests for equitable adjustments of the Contract terms shall be made in accordance with the Standard Contract Provisions for Construction Contracts and Standard Contract Provisions for Architectural and Engineering Services Contracts. The Contractor must notify the Contracting Officer within 10 days in writing of a change condition; however, due to the fast-paced nature of this work, the DGS is requesting notification within 72 hours and change order pricing within 10 days where possible. All requested changes must be reviewed, authorized, and incorporated through an official contract modification before any adjustment to the Project budget, timeline, or scope of work can be made.

3.3 Non-Conforming Items Recovery Plan

The Contractor shall include with the proposal a recovery plan to address potential non-conforming products or services, such as damaged materials or errors in measurement. Such a plan should provide timelines for recovery should the materials arrive damaged, mismeasured, or otherwise unacceptable for installation. The plan should also include sufficient details to describe how the Contractor will meet an on-time delivery and installation schedule if non-conforming materials must be re-ordered from the manufacturer or if staffing must be augmented, at no additional cost to the DGS, to meet the agreed-upon milestone event.

3.4 Reserved

3.5 Site Observations

The Contractor shall be required to visit the site, become familiar with local conditions under which the work is to be performed, and correlate personal observations with requirements of the performance criteria and scope of work. Before commencing activities, the Contractor shall:

(1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Drawings and Specifications; and (3) promptly report errors, inconsistencies, or omissions discovered to the Department. The Contractor assumes the responsibility and costs for the work and the cost of correcting work previously installed.

3.6 Additional Alternates

Prior to providing its proposal for the Project, the Contractor shall thoroughly review the existing field conditions, Project and/or as-built drawings (if provided) to ascertain what additional services, if any, are necessary for the delivery of a fully functioning Project.

3.7 Supervision and Construction

The Contractor will be required to properly supervise and coordinate its work. Among other things, the Contractor shall be responsible for providing all of the necessary certified supervision and labor. At a minimum, it is envisioned that the Contractor will be required to undertake the following tasks:

a) Participate and assist in Project/Planning meetings;

b) Maintain full-time on-site construction supervision and provide daily inspections, quality control, monitoring, and coordination of various trades, record drawings, and daily work log throughout the Construction Phase;

c) Coordinate works with any on-site personnel to ensure that their activities are not adversely affected;

d) Conduct periodic progress meetings following a Contractor-generated agenda with DGS;

e) Provide general safety signage and posting for the Project and see that each subcontractor prepares and submits adequate safety programs and monitoring throughout the Project;

f) Obtain all job permits and approvals from the Department of Buildings (“DOB”) that are required to perform and complete the work unless otherwise noted herein;

g) Prepare payment requests to verify accuracy and forward to the Department for approval and payment;

h) Assemble close-out documents required;

i) Assist the Department through all applicable warranty periods; and

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

3.8 Submittals

The Contractor shall include submittal delivery to DGS in their Schedule of Values (“SOV”) as milestone events. On or before the dates specified in the approved detailed schedule, the Contractor shall submit the necessary information (i.e., shop drawings, submittals, sketches, etc.) to DGS for his review and approval. Unless a different timeframe is established in the approved baseline schedule, DGS shall have five (5) business days to review such documents.

In the event DGS finds such documents to be unacceptable, the Contractor shall be required to revise and resubmit such documents in a timely manner. The Contractor shall not commence construction activities unless and until such documents have been approved by DGS. Any delays that result from design resubmissions shall be considered Non-Excusable.

4.0 Design Phase

During this phase, the Contractor shall be required to complete at a minimum those activities set forth in this Section 4, all of which shall be completed prior to mobilizing to the Project site and commencing construction.

4.1 Design Services

In general, the Contractor shall be required to undertake the following tasks during the Design Phase:

a. Early Procurement Task: The Contractor shall prepare and submit for review an early procurement specification and design package for long lead items. The goal of this submittal is for DGS to review and make final decisions on the product specification early in order to meet the Project schedule. This shall be submitted within three (3) weeks of NTP.

b. Conceptual/Schematic Design Tasks: During this phase, the Contractor shall be required to develop a schematic design (minimum 30% Complete CD Set) that meets the program requirements set forth herein, the Department’s schedule, and DGS budget requirements for the Project. In general, the Contractor shall be required to undertake the following tasks during this phase:

(i) Conduct meetings with DGS and DCPS representatives to confirm scope.

(i i) At a minimum, the drawings shall include an existing conditions/survey plan, a schematic level layout plan with approximate dimensions and key product suggestions, a schematic level grading plan, a schematic level planting plan, key enlargements, and key site details. Drawings should be in CAD and PDF formats.

(iii) Update the preliminary submittal list and populate the front end and specifications.

(iv) Survey, verify, and document existing conditions of the facility, including locations and types of hazardous materials to be abated or mitigated.

(v) Verify compliance of design with all DCPS Educational Specifications and requirements.

(vi) Participate in Value Engineering workshops, as required, with the DGS representatives.

(vii) Prepare and submit the Environmental Impact Screening Form (“EISF”).

(viii) Confer with the Department’s IT representatives/consultants to verify technological requirements for the Project.

(ix) While not pursuing LEED certification, all new construction should be designed to qualify for LEED Gold certification.

(x) Conduct community meetings to solicit input and keep constituents informed throughout the development of the Project.

(xi) Prepare necessary presentation materials (renderings and models) to communicate design intent and obtain approval of design direction.

(xii) Collect and provide a response to all comments from various stakeholders, and track these in a tabulated form.

(xiii) If needed, begin development of a phasing plan based on the basis of designs provided by DCPS, to accommodate the Project’s needs.

(xiv) Conduct early inquiries with public utility companies, including PEPCO, Washington Gas, DC Water, and Verizon.

(xv) Conduct Department of Energy and Environment (“DOEE”), DOB, the DDOT, and DC Water Preliminary Design Review Meetings.

(xvi) Prepare meeting agendas and minutes for the Schematic Design Review Meetings.

(xvii) Facilitate interdisciplinary coordination during design. Interdisciplinary coordination and coordination for constructability are the Contactor’s responsibility.

c. Permit/Bid Set Tasks: During this phase, the Contractor shall be required to develop a

Permit Set, which shall represent the further progression of the approved CD, together with any value engineering strategies approved by the Department. The Permit Set shall be Construction Documents progressed to 100% completion of those required in a traditional Design/Bid/Build delivery method; the Permit Set shall be code-compliant and permit-ready, with all major systems sufficiently designed, detailed, specified, coordinated, and developed. The Department will expect a particular level of detail with regard to Civil, Architectural, Structural, MEP, and Fire Suppression System designs.

During this phase, the Contractor shall provide the following services:

(i) Prepare detailed and coordinated drawings and specifications.

(i i) Prepare applications and submit documents for all necessary building/site permits.

(iii) Work with the Department’s plan reviewer to review the documents for permit document submission.

(iv) Upload all documents to DOB’s permit document review website in accordance with their instructions.

(v) Prepare and submit early-release excavation, foundations, concrete, and steel packages, if needed.

(vi) Prepare and submit DC Water permit application packages (all permit types that may be required) and DOEE Stormwater Management and Green Area Ratio packages for review and approval.

(vii) If capturing substantial stormwater through structures/BMPs installed as part of this Project, work with DOEE to get Stormwater Retention Credits for the resulting stormwater runoff reduction.

(viii) Prepare DDOT public space modifications package for submission to and approval by DDOT Public Space Committee, participate in Committee meetings as necessary.

(ix) Prepare all traffic control plans required to obtain relevant DDOT permit approvals at all stages of the Project, as required.

(x) Update Comments and Response tabulated tracking log to include stakeholder comments and Architectural/Engineering (“A/E”) team response on the Permit/Bid phase set; ensure that all comments from the SD and DD stages are closed out.

(xi) The Contractor shall incorporate into the Permit/Bid Set the design requirements of governmental authorities having jurisdiction over the Project.

In addition, the Contractor shall be required to: (a) define, clarify, and/or complete the concepts and information contained in the Permit Set; and (b) correct design errors or omissions, ambiguities, and inconsistencies in the Permit Set (whether found prior to or during the course of construction).

d. Construction Documents Tasks: The Contractor shall be required to develop a complete, coordinated set of Construction Drawings. The Construction Drawings shall represent the further progression of the approved Permit/Bid Set together with any value engineering strategies approved by the Department. The Construction Drawings (also referred to as “Released for Construction” documents) should be progressed to One Hundred Percent (100%) completion of those required in a traditional Design/Bid/Build delivery method.

4.2 Contractor Services:

In general, the Contractor shall be required to undertake the following tasks during the Design Phase:

(i) Early Procurement Submittal: The Contractor shall submit for review early procurement submittals for long lead items. All surveys or investigations required to submit a complete early procurement submittal shall be completed, and the results generated shall be used to prepare this submittal. This package shall be a complete package, including at a minimum, product cut sheets, samples, installation, maintenance, operations requirements for the selected equipment, and material and color options required for selection (if not already selected). The goal of this submittal is to provide data required for DCPS and DGS to review, and make final decisions on the product to release for procurement and delivery to meet the Project schedule. This submittal is required within three (3) weeks from

NTP.

(ii) Provide a full and detailed construction Project schedule within seven (7) days from NTP. The schedule shall include, but is not limited to, all relevant milestone events, including submittals, staffing, field measurements, ordering confirmation from the manufacturer, material delivery, and material installation.

(iii) Survey, verify, and document (through both photos and detailed notes) existing conditions and equipment/fixture models of all areas included in this scope of work, particularly areas/equipment that will be tied into, demolished, or replaced as part of this solicitation. Note that this documentation of existing conditions will be used in part to apply for applicable energy and/or water incentives/rebates/credits and will also be used to evaluate if items damaged during construction are restored to previous conditions.

(iv) Conduct meetings with the DGS and DCPS representatives to confirm the scope.

(v) Verify compliance of design with all DCPS Educational Specifications and requirements.

(vi) Interdisciplinary coordination is the responsibility of the Contractor during the mobilization and construction phases.

(vii) Verify that the design has been submitted for the required permitting review, that all comments are addressed, and that any changes are incorporated prior to start of construction.

(viii) Field-measure as required to ensure a proper fit (height, width, and depth) of the materials to be ordered and installed by the Contractor.

(ix) Re-confirm all measurements taken by the Contractor and/or manufacturer for any errors in measurements. Errors must be reconciled by the Contractor in advance of submitting the order to the manufacturer for fabrication. Defects, damages, and/or mismeasurements are the sole responsibility of the Contractor.

(x) Once the Department has approved all submittals, obtain the materials. Materials released before acceptance of submittals are the sole responsibility of the Contractor and will be at the Contractor’s risk. The Department will not pay for incorrect material released prior to submittal acceptance during the submittal/shop drawing review process. Typical review time for DGS is one (1) week. Request for expedited review can be made and will be considered if advance notice is provided, and will be based on availability and on an as-need basis. DGS will try its best to incorporate these requests if determined necessary. However, it is the Contractor’s responsibility to present submittals and get them approved in time to meet the construction schedule.

(xi) Identify the required staging area and staging plan on the drawing submittals, along with the site utilization plan.

(xii) Provide proof of order and delivery receipt from the manufacturer to the Program Manager within five (5) days of the approval of the submittals by the Department’s Program Manager.

(xiii) Determine (via inspection and/or destructive investigation of a sample unit) any necessary HAZMAT abatement for lead-based paint and asbestos-containing materials (“ACM”) in the scope-related construction areas.

(xiv) In areas where there is a possibility of the presence and disturbance of hazardous during construction, conduct an onsite Destructive HAZMAT Investigation prior to construction using a qualified industrial hygienist, in order to better understand the scope and to confirm the presence of HAZMAT. Submit a report of this testing for the record to DGS and wait for instructions from DGS prior to starting work in the area where hazardous material is noted or work that will be impacted by work in the area where hazardous material is noted.

4.3 Design Deliverables:

The Contractor shall be required to prepare and submit to the Department the below-listed deliverables during the following phases. All such deliverables shall be subject to review and approval by the Department, and the Contractor’s pricing should assume that revisions may be required to these documents to address concerns raised by the Department and/or other Project stakeholders.

a. Early Procurement Design Documents

a) Early Procurement Preliminary Design Documents: Conceptual designs/sketches and specifications, incorporating Project goals and requirements for review and comments, are to be brought to the Kickoff Meeting or within five (5) days of

NTP.

b) Early Procurement Final Design Documents within two (2) days of receipt of review comments.

c) Comments and Response tabulated tracking log, documenting the stakeholder comments and corresponding design team responses on the concept design phase submittal.

d) Documents to be submitted for review within one (1) week after NTP.

i. Development of conceptual plan/sketches;

ii. Preliminary drawings and specifications list;

iii. Preliminary cost estimates; and

iv. Project schedule.

b. Schematic Design Phase Deliverables

a) Updated property survey, including notations of utilities and all other easements (due prior to Schematic Design Phase deliverable);

b) Hazardous material survey and analysis update (due prior to Schematic Design Phase deliverable);

c) Geotechnical Investigations (due prior to Schematic Design Phase deliverable);

d) Digital floor plans and site plans, and preliminary elevations and sections

(minimum 30% CDs);

e) Plan-to-Program Comparison, if required;

f) Design narrative;

g) Updated Project schedule;

h) Phasing Plan, if necessary;

i) Value Engineering (which, if necessary, should be executed with all the stakeholders at this stage of the design submission);

j) Agendas and minutes for the Design Review Meetings; and

k) Comments and Response tabulated tracking log, updated to include the stakeholder comments and corresponding design team responses on the schematic design phase submittal; all comments from the CD phase should be closed out.

c. Permit/Bid Set Deliverables

a) 100% complete drawings and specifications, in both hard copy and electronic format;

b) Updated Project schedule;

c) Comments and Response tabulated tracking log, updated to include the stakeholder comments and corresponding design team responses on the Permit/Bid phase set; all comments from CD, SD, and DD stages must be closed out and

d) Updated risk register.

d. Construction Document Deliverables

a) 100% complete conformed/released for construction drawings and specifications, submitted in both electronic format and four (4) full-size hard copies;

b) Comments and Response tabulated tracking log, updated to include the stakeholder comments and corresponding design team responses on the Permit/Bid phase set and all comments from various stakeholders must be closed out; and

c) Updated risk register.

5.0 Construction Phase

The Department anticipates other contractors may be performing other projects and other maintenance work at the same time as the work that is the subject of this solicitation. Weekend and after-hours work must be considered when providing cost and schedule estimates in response to this solicitation. The Contractor acknowledges that it will not have exclusive access to the work site and shall coordinate its work with others. The Contractor shall not be entitled to a time extension resulting from its failure to comply with requirements for coordinating work with other contractors.

5.1 Preconstruction Deliverables

The Contractor shall be required to provide the following deliverables during the Preconstruction Phase, specific instructions and requirements of which are outlined in the Contractor’s underlying Basic Ordering Agreement with the Department, Contract No.

DCAM-22-CS-RFQ-0001 (“BOA”):

a) Detailed Project Schedule (including submittal schedules and milestones) and

Subcontractor and Supplier List, submitted within seven (7) days of NTP for DGS review and approval;

b) Kickoff Meeting agenda/minutes;

c) Early Procurement Shop Drawings, within three (3) weeks of NTP (Note - Required surveys or investigations need to be completed before submittal and release of material);

d) Suppliers “Proof of Order” confirmation and Delivery Dates within five (5) days of submittal approval;

e) Confirmed Material Delivery Dates;

f) Site Logistics Plan;

g) Permits;

h) Safety Plan; and

i) Detailed Phasing/Site Utilization Plan indicating the Contractor’s planned schedule and logistics of work involved; staging area requirement should also be noted and shown.

5.2 Construction Administration Services

The Contractor shall provide construction administration services to include:

a) Attend weekly progress meetings.

b) Review and process shop drawing submissions, RFIs, etc.

c) Prepare meeting notes and records of decisions/changes made.

d) Conduct pre-closeout inspections.

e) Review closeout documents requested by DGS for completeness, at a minimum warranty documents, training videos, operations, and maintenance manual, As-Built Drawings based on the Contractor’s red line drawings and/or coordinated set developed during the subcontractor coordination process; As-Built Drawings should be transmitted to DGS in hard copy, PDF, and CAD formats.

5.3 Construction Administration Deliverables

The Contractor is responsible for the following deliverables during the Construction Administration Phase:

a) Meeting minutes;

b) RFI responses, ASIs, and/or other clarification documents and logs;

c) Punchlist review comments;

d) Close-out document review comments; and

e) As-Built Drawings.

5.4 Construction Phase Services

In general, the Contractor shall be required to undertake the following services during the Construction Phase:

a) Mobilize for Construction following DGS approval of their Detailed Schedule.

b) Construct the work described in this scope of work, including any work that is not specifically shown thereon but is reasonably inferable therefrom or necessary for a fully functioning Project. The work shall be carried out in a good and workmanlike, first-class manner and in accordance with the contract schedule. All materials and equipment to be incorporated into the Project shall be new and previously unused unless otherwise specified in writing and shall be free of manufacturing or other defects.

c) Carry out such activities as are necessary to complete the construction and installation described in the approved documents and submittals. Some areas of the Project may be made available in whole or in part as coordinated with the school’s administrative staff.

The Contractor shall be responsible for providing all of the necessary certified supervision, labor, and materials to meet Project goals in accordance with the Performance Criteria and the Drawings and Specifications.

d) Remove and dispose of the existing materials being replaced, and other construction debris. The Contractor shall also provide temporary coverings for any openings after such removal as necessary to protect the building and its contents from weather and vandalism.

e) Provide hazardous materials remediation of in-scope materials as required in compliance with the Environmental Protection Agency (“EPA”) and all pertinent regulatory requirements specific to hazardous material remediation.

f) Restore any existing structure damaged during work to its original or better condition.

g) If demolishing and removal of existing electrical conduits, wiring, position switches, and security alarm contacts are required per scope, existing contact wiring may be re-used wherever it remains fully functional. The Contractor shall be responsible for testing existing security wiring and hardware per schedule as required to meet the Project goals. The Contractor shall coordinate all such work with the Office of the Chief Technology Officer (“OCTO”) and DCPS representatives.

h) Properly supervise and coordinate all work.

i) Implement the Quality Control Plan and perform regular quality control inspections.

The Contractor shall incorporate a quality control section in the progress meetings to discuss outstanding deficiencies, testing/inspections, the plan for returning to the baseline schedule, and upcoming work for the next one (1) to two (2) weeks as required by the DGS Program Manager.

j) Prior to Substantial Completion, conduct a punchlist walk-through – together with a representative of DGS Facilities Management, DCPS Facilities, and the school administration – to address all outstanding Project items.

k) Provide closeout documents required by DGS.

5.5 Construction Deliverables

The Contractor shall be required to provide the following deliverables during the Construction Phase, specific instructions and requirements of which are outlined in the Contractor’s underlying BOA.

a) Project Schedule – Weekly Status Updates and Look Ahead.

b) Quality Control Reports – based on such quality inspections pursuant to the Quality

Control Plan. These quality control reports shall include a detailed summary of the steps being employed to provide quality construction and workmanship and all corrective actions, and should specifically address issues raised since the last report and outline the steps that are being used to address such issues. These reports shall be provided to the Department electronically as per the approved Construction schedule.

c) Punchlist – to be created jointly by the Contractor and a representative of DGS Facilities Management, DCPS Facilities, and the school administration.

d) Closeout Documents at the minimum including warranty information, operations and maintenance manuals, vendor training and video recording of the training.

6.0 GMP Formation

The Design-Builder shall provide the Department with a GMP based on the Design Development Documents. The Department anticipates an Early Start Agreement (“ESA”) and one subsequent GMP package.

Manage Bidding Process. The Design-Builder shall manage the trade bidding process in accordance with the approved bidding procedures and shall use commercially reasonable best efforts to obtain at least three (3) qualified and bona fide bids for each trade package. In the event that the Design-Builder submits a bid to self-perform any trade, a qualified fourth bid must be provided. The Design-Builder shall carefully document its procedures for making available bid packages to potential bidders, the contents of each bid package, discussions with bidders at any pre-bid meetings, bidders’ compliance with bid requirements, all bids received, the Design-Builder’s evaluations of all bids, and the basis for the Design-Builder’s recommendation as to which bidders should be chosen. The Department shall be afforded access to all such records at all reasonable times so that, among other things, it may independently confirm the Design-Builder’s adherence to all contractual requirements including, without limitation, affirmative action requirements and subcontracting requirements.

Prepare Bid Tabs. The Design-Builder shall provide the Department with an analysis of the bids received and a copy of each such bid. To the extent that the Design-Builder’s award recommendation is based on scoping adjustments, the Design-Builder shall clearly identify the scoping adjustment and the need for such adjustments. In general, the bid tab shall be presented in tabular format that compares the bids received based on the comparative scope of work and any other relevant information (i.e. exclusions, past performance history, etc.).

Submission of GMP Proposal. Based on the trade bids, the Design-Builder shall submit a GMP Proposal to the Department using ProjectTeam. The GMP Proposal shall include the following elements:

a) A list of drawings, specifications, addenda, general, supplementary, and other conditions on which the GMP is based.

b) A list of unit prices and allowance items and a statement of their basis.

c) Assumptions and clarifications made in preparing the GMP Proposal, noting in particular any exclusions. The assumptions and clarifications shall take precedence over the drawings and specifications. The Design-Builder shall prepare a separate memorandum that highlights any differences between the then approved drawings and the modifications made in the assumptions and clarifications. Such memorandum shall specifically address any changes in the Project aesthetics, functionality or performance.

d) The proposed GMP, including a statement of the detailed cost estimate organized by trade categories, allowances, contingency, and other items and the fees that comprise the

GMP.

e) An update to the Project’s schedule to which the Design-Builder will agree to be bound.

This update shall be prepared in the same level of detail and in the same manner as the Baseline Schedule, and without any change to the Substantial and Final Completion Dates unless approved by the Department’s Contracting Officer.

f) A subcontracting plan setting forth the names and estimated dollar volume of the work that will be performed by LSBDEs, as certified by the Department of Small and Local Business Development, upon which the GMP is based.

g) A summary of Capital Cost vs Operating Cost Eligibility.

h) A list of additive alternates or deductive alternates with defined executable dates, if any.

i) Each GMP may include an agreed upon sum as the Design-Builder’s Contingency and the Owner-Controlled Allowance(s), each of which shall be identified as a separate line item in the GMP's Schedule of Values.

Construction Contingency

i. The Design-Builder’s Contingency shall be utilized to compensate for the increased Cost of the Work incurred by the Design-Builder due to circumstances relating to the construction of that Project which resulted in an unavoidable increase in costs, except when deemed the responsibility of the Department in accordance with this Contract. If the Design-Builder fails to include all of the required scope of work in the bid packages, Design-Builder Contingency may be used to purchase the omitted scope until the Design-Builder’s Contingency balance reaches zero or until the balance equals the anticipated subcontractor modifications. All requests to use the Design-Builder’s Contingency shall be submitted as a Request for Change Order (“RCO”). Charges to the Design-Builder’s Contingency shall not become due and payable until the RCO is approved in writing by the Department. If the Design-Builder’s Contingency reaches zero, any cost overruns or charges that could have been charged to the Design-Builder’s Contingency shall be the sole responsibility of the Design-Builder.

ii. If bids are received below the applicable line items in the GMP, the surplus will be added to the Design-Builder’s Contingency for that Project. If bids exceed the agreed-upon line items in a GMP, the deficiency will be charged to the Design-Builder’s Contingency for that Project. However, such events shall not be caused to increase the GMP.

iii. Once all subcontracts anticipated by a GMP have been awarded, including any self-performed work, the Department may require the Design-Builder to reduce the Design- Builder’s Contingency to an amount as agreed to by the parties to reflect the Design- Builder’s risk from that point in the Project forward.

iv. Upon Final Completion of the Project, any remaining Design-Builder’s Contingency, after

Shared Savings, as explained below, shall be reduced to zero by a Contract Modification, and the Design-Builder shall have no entitlement to the balance.

Owner Contingency/Allowance(s)

i. The Department retains the right to increase the GMP in lieu of charging any cost to the Owner contingency. Any unused Contingency, whether Department Contingency or the Design-Builder Contingency, shall be reconciled to a zero balance via a Contract Modification upon Final Completion.

ii. When the Design-Builder proposes to use the Owner contingency, the Design-Builder shall prepare an RCO, identifying the amount sought to be charged to the Owner contingency, the reasons why the amount should be charged to that Contingency, and demonstrating the satisfaction of the Department that the costs to be incurred are necessary for the Work and are the responsibility of the Department. At all times, the Design-Builder shall avoid and mitigate Department Contingency costs whenever possible. Before payment or as part of an audit, the Design-Builder and the Department shall have the authority to verify the actual costs incurred. No costs may be charged to the Owner contingency until the RCO is approved in writing by the Department and becomes a Change Order.

iii. The Owner contingency shall be an amount, determined by the Department, which will be available to compensate the Design-Builder for the increased Cost of the Work incurred by the Design-Builder due to a Contract Modification or to other increases in the Cost of the Work which the Department determines, in its sole discretion, is its responsibility. The Department may increase, decrease, or eliminate the Owner contingency at any time.

Approval of GMP. The Department and the Design-Builder shall meet to negotiate the terms of the GMP Proposal. If the GMP Proposal is acceptable to the Department, the Department shall issue a Contract Modification. In the event the Department and the Design-Builder are unable to agree upon the GMP or the schedule for the Project, the Department shall have the right to terminate the Task Order and assume any trade subcontracts held by the Design-Builder. In such an event, the Design-Builder shall only be entitled to fifty percent (50%) of the Preconstruction Fee.

Shared Savings. In the event there are GMP savings, excluding any Owner Allowances and Owner Contingency, the GMP savings shall be split 90/10 with 90% allocated to the Department and 10% allocated to the Design-Builder. The maximum allocation to the Design-Builder shall be $2,000.00.

Shared Saving will only be contemplated once all closeout and punchlist items are completed and a full financial log and subcontractor backup can be provided. The financial log shall include a completed buyout log for all divisions and trades, a Construction Contingency log, an Owner Contingency and Allowances log, and an Approved Change Order Log.

7.0 Adjustments to Fee

The Contractor understands and agrees that the Design-Build Fee shall not be increased or decreased as a result of any Change Orders or Change Directive. In furtherance of this understanding, the Contractor agrees that it shall not be entitled to an increase in the Lump Sum General Conditions Cost or the Design-Build Fee by virtue of changes authorized by the Department unless such changes fall outside the general scope of work contemplated by this Task Order. The term general scope of work shall mean a state-of-the-art educational facility that is consistent with the Department’s program of requirements and incorporates sustainable design initiatives. Without limiting the generality of the foregoing, it is understood and agreed that the Contractor shall not be entitled to any additional fees or general conditions unless: (i) the Department makes additions to the scope provided for in Task Order that cause the GMP, either individually or in the aggregate, to increase by more than ten percent (10%); or (ii) the Department makes additions to the scope provided for herein which (other than for punchlist or warranty work) require the Contractor’s services for the Project to extend beyond the Substantial Completion Date.

To the extent permitted above, the Contractor shall be entitled to an increase in its Design-Build Fee at a maximum rate of 2% on work performed by Subcontractor. Such markup shall cover the same cost elements that were included in the Design-Build Fee.

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