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RFP for fabrication and installation of Deep Time exhibit

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SMITHSONIAN INSTITUTION

National Museum of Natural History DEEP TIME

Exhibit Fabrication

Solicitation Number T16SOL10034

Site visit on June 8, 2016, 9 a.m. Washington DC time

Questions due June 16, 2016, 9 a.m. (DC time)

Email proposals due July 13, 2016, 3 p.m. (DC time)

Hard copy proposals due July 15, 2016, 3 p.m. (DC time)

Smithsonian Institution

Office of Contracting

Additional information may only be obtained by contacting

Debra Berke at berked@si.edu

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES/SERVICES AND PRICES/COSTS

B.1 Type of Contract

This contract shall be considered a firm fixed price contract for all labor and materials, and all indirect costs, including travel and per diem (if applicable), communication, delivery, subcontractors, and profit for which the Contractor expects payment.

B.2 The “exhibition fabricator” (hereinafter referred to as the “Contractor”) shall provide fabrication and installation services in accordance with the requirements of Section C and as otherwise set forth in this contract and any amendments and attachments hereto, including but not limited to the

Specifications and Drawings for Deep Time – The Hall of Fossils, OFEO Project Number 1200106, at the Smithsonian Institution’s

National Museum of Natural History (hereinafter referred to as the

“NMNH”), dated May 16, 2016. The Contractor shall furnish all supervision, labor, materials, equipment, and facilities needed to fabricate and install the exhibits, signage and other elements of the Bid Documents in Halls 2-6 at NMNH located at 10th and Constitution Ave., NW, Washington, DC 20560, as set forth on the Drawings for OFEO Project

No. 1200106, and in the specifications. Please provide a price proposal based on a completion date of April 5, 2019.

B.3 Prices/Costs

BASE CONTRACT: The Contractor shall perform all effort in accordance with the requirements of this contract for the firm-fixed price below.

TOTAL FIRM FIXED PRICE/COST:

Exhibition fabrication scope as detailed in the attached and Bid Set

Volumes dated May 16, 2016 in the Deep Time – The Hall of Fossils

(Halls 2-6) at NMNH as noted in the Drawings Attached as J.1.

Firm Fixed Price: ______________________________ $____________

*All Firm Fixed Prices shall include all direct labor, indirect costs

(overhead and general and administrative expenses), other direct costs

(i.e. materials, communication, reproduction, etc. and travel, per diem and lodging), subcontractor, commission, and profit for which Contractor expects payment.

Itemized Bid Form (Attachment J.5)

Complete Attachment J.5 Itemized Bid Form as part of business proposal

B.4 Travel and Per Diem

B.4.1 Contractor’s firm fixed price shall include transportation costs and travel allowances (per diem) of personnel authorized to undertake out-of-town, overnight travel under this contract, if applicable. Such transportation costs WILL NOT be reimbursed separately.

B.4.2 No profit or fee shall be included on travel and per diem expenses included in the firm fixed price.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Introduction

The Deep Time – The Hall of Fossils Exhibition (hereinafter the

“Exhibition”) at NMNH in Halls 2-6 will be a 31,000 sq-ft permanent exhibition with a completion date of April 5, 2019. After public opening the Exhibition will remain open to the public for at least 30 years. The

Exhibition’s most fundamental and defining components are the large dinosaur skeletal fossils. The exhibition will include displays of specimens as large as our over 150-million-year-old, over 80-foot-long Diplodocus and as small as a 5mm-wide tooth fragment at 250 million years old. The exhibit shall also include environmental models (“dioramas”), images, text, bronze sculptures, casts, fossils, models, AV and interactive media including, but not limited to, videos, touch-screen interactives, and computer games, low-tech interactives, touchable models, interpretive graphics, signage and wayfinding, and donor recognition elements.

The Exhibition is closely linked to Halls 2-6 HVAC Renovation Project

(hereinafter referred to as the “Renovation Project”) currently underway at

NMNH. The Renovation Project will upgrade the infrastructure of Halls 2-

6 in preparation for the Exhibition. The estimated completion date for the

Renovation Project is December 2017. The Contractor should assume some joint occupancy of the project area is likely during project start up.

The Contractor will be utilizing elements installed under the Renovation

Project to complete the Exhibition. Those items are noted using the “EX” symbol in the drawing volumes. Refer to the complete package for information on existing elements and scope of work requirements.

As discussed later in this RFP and in the Bid Set Volumes, the Exhibition project includes significant specimen preparation, mounting, bracketing, and installation that must be closely coordinated with a phased schedule that will require multiple contractors and staff working in project area simultaneously. Shared occupancy during the entire installation window should be anticipated. Key specimen preparers and installers include

Research Casting International, Inc. of Toronto, Ontario, Canada (RCI) and the Museum’s Vertebrate Paleontology Lab Staff (VP Lab). Volumes

J.3 and J.4 attached comprise their specimen plan and section drawings including dimensions, attachment points, and mechanisms into the

Contractor’s fabricated elements.

C.2 Project Overview

C.2.1 This project will be solicited and awarded as a single “fabrication” contract. The selected Contractor shall bear full responsibility for review of any preliminary information existing at the time of award, preparation of shop drawings, construction/fabrication of exhibit elements, model making, bronze sculptures, dioramas, bracketing and installation of specimens, custom illustration and graphic production, AV hardware procurement and installation/integration, lighting procurement and installation, installation of exhibit elements and preparation of accurate as-built drawings, maintenance manuals and instructions per the specifications and Division 1 requirements. Contractor is responsible for cleaning the entire exhibit in preparation for a dust free environment for

AV installation/integration and for a final clean immediately the project completion date. Contractor shall provide a final Graphics package no less than one (1) month and no more than three (3) months after the project completion date. This package shall include the final production files with any subsequent punch list changes and include final graphic typeface and typesetting layouts with illustrations, photographs, and artwork included in the layouts and specifications keyed to the script and drawings. The package shall include the final locations and measurements for the placement of graphics in the Exhibition. The Contractor shall purchase and provide the licenses and electronic files of all Exhibition fonts

(minimum of three (3) licenses or installation rights on three (3) computers in both Mac and PC format) and provide documentation and electronic files to the Smithsonian. Drawings and graphic layouts shall supplement each other and be coordinated. All files shall be provided in both editable original formats and pdf format. Design and production of all the AV and multimedia software elements will be under separate contract through the designer of the exhibition, Reich+Petch Design International

(“R+P”) to their subcontractor Richard Lewis Media Group (RLMG). The

Contractor is responsible for coordinating the AV installation/integration work.

C.2.2 The selected Contractor shall be singularly responsible for fabrication and installation of the project, including procurement and installation/integration of the Audio Visual and Computer Interactive

Hardware. The selected Contractor shall also have total responsibility for quality control and quality assurance.

C.2.3 During the performance of the work, the Contractor shall keep in close liaison with the Smithsonian Contracting Officer’s Technical

Representative (“COTR”) or designated representative. Contractor shall prepare and distribute a written report of all significant telephone conversations, meetings, or discussions between the Contractor, and any organization contacted concerning this project. These memoranda shall be dispatched within four (4) calendar days of the occurrence of any of the above event stated events.

C.2.4 The selected Contractor will be expected to collaborate with the

Smithsonian staff from NMNH and Smithsonian Facilities (formerly called OFEO), R+P and their subcontractors, RCI, VP Lab, Grunley

Construction (“Grunley” Halls 2-6 Renovation Construction Contractor), the infrastructure Architecture and Engineering (“AE”) contractor Ewing

Cole Design (“EC”), as well as other subcontractors. A high level of communication and coordination will be required for this project including meetings, email, and telephonic communication.

C.2.5 Other than where specifically noted in this Request For Proposal (“RFP”), the Smithsonian staff will only be present to the extent necessary to provide project coordination, and to observe and review the progress of the projects. Smithsonian will review for approval deliverables, shop drawings, etc. At the minimum, Smithsonian approval of work effort at the conclusion of each phase is required.

C.2.6 Smithsonian reviews and approval shall not relieve the Contractor of professional liability or conformance with the Scope of Work. The

Contractor is totally responsible for all facets of the project. This responsibility remains with the Contractor until construction is completed, as-built documents are submitted, and all claims are resolved.

C.2.7 Contractor must be responsive to NMNH schedules and the infrastructure renovation schedule as well as the schedules of other Contractors; and must be prepared to coordinate its work in connection with special events that take place several nights per week at the NMNH; and around other construction projects happening around the building that require systems outages and closures. The Contractor shall work cooperatively with

NMNH staff and other Contractors and vendors to ensure efficiency and safety.

C.2.8 Contractor shall participate in meetings at NMNH, a comprehensive meeting schedule for both fabrication and installation phases of the projects will be drawn up between NMNH and the Contractor at the first meeting. Meetings will be held at the NMNH unless otherwise agreed to.

Contractor shall bring major subcontractors to progress meetings as required. Contractor should anticipate at minimum biweekly coordinated meetings over the duration of the contract.

SPECIAL JOB SITE CONDITIONS

The Contractor may be installing exhibits in an active construction site for the first few months of project start up on site while Grunley/CM is still completing the Renovation Project and prior to official turn over of the space to the

Smithsonian. This shared-use period will require careful cooperation and coordination between the Contractor and the CM to insure the work of both parties is completed in a safe and secure manner and without detrimental impacts to either party’s schedule or budget.

The conditions of work and ‘rules of engagement’ are fully defined in the attached Division 1 Specifications, Section 10000, General Requirements. It is incumbent upon the Contractor to read and follow the General Requirements and to consider all aspects in Offeror’s Proposal.

In addition, regular access to the work site (Halls 2-6) will be required for NMNH

Staff for the purposes of press communications, donor relations, and specimen installation. Close coordination and flexibility will be required.

There is a “webcam” serving images to an online, public time lapse installed within Halls 2-6. This webcam captures, documents, and serves up publicly all activity in Hall 2 (the main hall) and shall be maintained throughout the duration of the project. Upon Award, the contractor will be required to sign a Recording

Release Form, a copy of which is attached in section J.6.

The Contractor shall verify all site and design drawing dimensions in the field.

This is particularly important given that the site (Halls 2-6) have been under construction since 2013.

C.3 Scope of Work

C.3.1 All work requested of Contractor hereunder is for professional, technical, non-personal services. The successful Contractor shall furnish all management, supervision, labor, materials, equipment, and facilities necessary to fabricate, or otherwise provide, deliver, install, commission, and warrant all the exhibition components and systems that comprise the

Deep Time – David H. Koch Hall of Fossils at the NMNH. All work effort shall be accomplished in accordance with this Contract, and the attached drawings completed by R+P Project No. 1200106, dated May 16, 2016, and as otherwise specified herein and in any attachments and amendments hereto.

C.3.2 If any part of the Contractor’s work is subcontracted to another firm

(“Subcontractor(s)”), the Contractor shall advise and supervise the

Subcontractor(s) on all elements and phases of the work. The Contractor is responsible for the quality control, assurance, and timeliness of all subcontractor work. The Contractors shall make the Subcontractors available as requested for meetings and reviews.

C.3.3 The Contractor shall be responsible for scheduling, coordinating, overseeing, and managing all work under this Contract. The Contractor is responsible for the quality control, assurance, and timeliness of all subcontractor work.

C.3.4 The Contractor shall perform the above work in a single and continuous phase, which includes, but is not limited to, site verifications, shop drawings, mock-ups, prototypes, sample submittals, fabrication, graphic proofs, graphic production, AV hardware procurement, installation, and systems integration, specimen bracket making and installation, illustration integration into graphic files, storage, delivery, installation, testing, commissioning, demonstration, manuals, and training as shown and described in this RFP and its attachments.

C.3.5 Contractor shall be responsible for taking measurements and weight-loading capacities of the delivery and egress route(s) in the building to ensure that the exhibit components can be moved in to the space safely and without damage to the property.

C.3.6 Contractor shall open its fabrication facility and Subcontractor facilities for inspections as required by NMNH during the project.

C.3.7 Contractor shall fabricate, or otherwise provide, all project components specified in the final fabrication drawings including, but not limited to, 3D objects such as cases, plinths, vitrines and other glass, millwork panels, graphics, decks, reader rails, multimedia housings, bezels and supports, curved structures, lighting elements and supports, faux finishes, tactile models, carpentry, electrical, structural elements, suspended elements, benches, walls, ceilings, specialty flooring treatments, etc. If any part of production is subcontracted to another firm by the Contractor, the

Contractor must be able to advise and supervise the subcontractor on all phases of fabrication, including choice of materials. Please review the prototype and maquette requirements and review requirements and timelines (minimum ten (10) business days) detailed in the Exhibition, AV, Graphics, and Lighting Specifications starting with Section 01.03.00 page 2 of the Bid Set.

C.3.8 Contractor shall procure or produce, deliver, and install all casework for the exhibit. If procured from Subcontractor(s), this will be considered a key Subcontractor(s). All cases shall be secure, constructed with conservation-grade materials, and include lighting as shown in the bid set.

Security devices and wiring shall also be included.

C.3.9 Contractor shall produce, deliver, and install all graphic components as listed and described in the Bid Set Graphics Volume/Schedule. NMNH will provide the Contractor an updated version of Volume 5 EXB

Graphics Bid Set and final script in Spring 2017. The quantities, materials, and sizes will remain the same as the Bid Set Volume 5 EXB dated May

16, 2016. Final images and illustrations will be provided in Spring 2018.

Graphics provided before this date will be for sizing and coordination of exhibition-related fabrication only. The Contractor shall produce full-size sectional proofs for detail review and color matching and reduced-size legible uncropped proofs for proofreading. All proofs are subject to up to three rounds of both Smithsonian and R+P review, comments, revisions and approval prior to the Contractor commencing production with a minimum ten (10) business day review period. Please closely review the requirements and types detailed in the Bid Set and Division 10 in particular, and the requirements for proofs and reviews by the

Smithsonian.

C.3.10 Contractor shall furnish and install all lighting track, fittings, fixtures shown in the bid set; all case interior and exterior fixtures including LED rails, back-lit panels, fiber-optic fixtures, fixtures on light pole structures, and laylight theatrical fixtures. The Contractor shall perform final filtering, adjustment, and focus of all tracks and theatrical fixtures for the exhibit under the exhibit lighting designer, Available Light, art direction.

All fixtures shall be furnished as shown and described in the lighting drawings and specifications. Cut sheets shall be furnished with all necessary and specified accessories and fittings. The Contractor shall install all exhibit lighting power and control devices, pull all related cable as required, make all necessary connections, and commission the system to achieve a fully functioning and controllable system. Please refer to the existing track and fixtures shown in the Bid Set drawings.

C.3.11 The Contractor shall pull, run, test, and finish electrical cable and data cable as detailed in the bid set. The Contractor shall provide and install all in-case and open display security devices (hardwired and wireless) as required and connect such devices to the provided Base-Building security system as shown and described in SC series Security drawings, related specifications, and cut sheets. See drawing notations in the bid set for existing conduit, devices, and boxes.

C.3.12 The exhibit includes approximately at least 750 objects mainly comprised of real fossil materials and casts of real fossil materials. A group of the largest, most complicated specimens are being bracketed and installed by

RCI in Toronto, Ontario, Canada. A set of medium-complexity specimens are being bracketed and installed by VP Lab at the Museum. The specimens range in size from an over 80-foot-long Diplodocus (dinosaur) to a ½” wide fossilized plant seed. Please review Attachments J.3 and J.4 for RCI and VP Lab Specimen integration into the Exhibition and Volume

6 EXC of the Bid Set dated May 16, 2016 for detailed lists of objects. The

Contractor will prepare conservation quality artifact brackets and mounts for over 500 objects and install these specimens. Please see Volume 6

EXC of the Bid Set dated May 16, 2016 for detailed lists of objects. These objects include real fossil materials and casts of real fossil materials. The selected Contractor shall not remove the objects from the Museum during the fabrication of this project. The selected Contractor, in an assigned production area and in the presence of a SI official, can become familiar with and confirm measurements, and installation for all objects on site.

The Contractor will also coordinate the installation of additional specimens being bracketed and installed by RCI and the VP Lab. Please closely review the requirements and types detailed in the Bid Set and

Division 13 in particular. Please review the schedule of finishes, models, specimens, mounts, brackets, and props in the Specifications Book of the

Bid Set and Volume 6 of the Bid Set dated May 16, 2016. All mounts and brackets shall be reviewed by Museum conservators and shall include padding for specimen protection.

C.3.13 Contractor shall be responsible for the creation, bracketing, and installation of approximately touchable models constructed of durable materials including bronze and resins, and intricately detailed paleobiological dioramas made to replicate ancient worlds. Detailed information on the models and dioramas are enclosed in the Volume 6

EXC Bid Set Specimens and Models Volume and the attached environmental model prototype reference package (J.1 Volume 10

Prototype Curatorial Reference Package). Experience with paleontological science and the creation of paleontological models of ancient worlds is recommended. Some of the models shall be modeled from accessioned specimens supplied by the Smithsonian, some shall be based on 3D data scanned from real specimens, and others shall be reconstructions from reference materials. The Contractor shall create, bracket, and install these touchable models and dioramas. The Smithsonian curators and COTR will be deeply involved through iterative meetings in the development of these objects. The Contractor should anticipate at least three rounds of prototype reviews, comments, revisions, and approvals with a minimum ten (10) business day review period per review. A prototype of one model type –

Environmental Model – will be available for review during the Site Visit.

Please closely review the requirements and types detailed in the Bid Set and Division 13 in particular. Please review the schedule of finishes, models, specimens, mounts, brackets, and props in the Specifications

Book of the Bid Set.

C.3.15 Contractor shall be responsible for procurement, integration and coordination of the audio-visual component installation as well as the fabrication of AV housings and the provision of electrical work associated with AV as reflected in the engineering drawings. R+P, through subcontractor RLMG, shall produce and deliver via electronic transmission all media software programs. The Contractor shall procure all media hardware and systems, install, program, and test all AV equipment and software including all racks located in the AV closets. The Contractor shall ensure all programs are functioning no later than February 28, 2019.

Installation/integration includes all data cabling and termination.

Programming includes programming of the AV system itself as well as programmatic interfacing with the Exhibition lighting system and the base building management system (“ETC”). Final testing will be done using the actual media programs provided by SI. All work shall be coordinated closely with R+P and the Media Producers and with all other trades for proper fit within AV housings, bezels, enclosures, etc.

The Work will also include thorough training of SI staff, including submission of detailed installation/integration and training manuals, in the operation, programming, and maintenance of the equipment, and the delivery of final copies of all bug-corrected, installed programs in both editable and compressed/playable versions. All updates, third-party drivers and software, etc. must be listed and included in the manuals.

C.3.16 Contractor shall provide set-up services at the Contractor's facility for initial inspection, trouble-shooting, and final inspection, by the Project

Team, of all project components needed to make the project complete and ready for public use and display. Once accepted as final, the project components will be shipped to the project sites in accordance with

Smithsonian’s schedule or stored at Contractor’s expense until installation/integration can commence.

C.3.17 Contractor shall provide Smithsonian with ten (10) copies of each set of shop drawings and digital copies in both editable and pdf formats. The

Contractor shall obtain approval of the editable file formats with the

COTR.

C.3.18 Contractor shall maintain one complete set of project record documents, marked with the title “PROJECT RECORD DOCUMENTS—JOB SET;”

Contractor shall make full and accurate entries to these documents to record and indicate any and all changes resulting from directives or change orders. Upon completion of the contract, the Contractor shall transfer the recorded changes to a set of final record documents for

NMNH as 10 final print copies and digital copies in both editable and pdf formats. The Contractor shall obtain approval of the editable file formats with the COTR.

C.3.19 Contractor shall schedule regular meetings and conferences throughout the performance of the work. The Contractor shall be responsible for meeting minutes and their timely distribution with 48 hours of any meetings to the

COTR. Meetings shall include, but are not limited to, pre-construction conference, biweekly progress meetings, pre-installation conference, site inspections, quality control reviews, and closeout conference. The

Contractor shall provide NMNH with monthly status reports, due by the end of each calendar month, highlighting the progress and status of fabrication and/or installation; and highlighting planned actions for the forthcoming month. Contractor shall additionally develop and maintain an up-to-date construction/fabrication progress schedule during the life of the project.

C.3.20 Contractor shall produce all necessary shop drawings, submittals, mock-ups, prototypes, and samples for review and approval by the COTR and

Smithsonian staff before any commencement of fabrication. Smithsonian requires a minimum of ten (10) business days to review all shop drawings, submittals, mock-ups, prototypes, and samples.

C.3.21 Upon the completion of the contract, Contractor will submit to NMNH:

one set of the Project Record Documents, two sets of the completed production package, which must include as-built drawings with installation details, all submitted source materials, all Contractor-prepared media (final graphic production files, digital files, shop drawings, AV software, hardware information, etc.) and an operation and maintenance plan. All files must be in editable and pdf formats. The Contractor shall obtain approval of the editable file formats with the COTR.

C.3.22 Contractor shall make its staff and Subcontractors available for all required team meetings, design reviews, and inspections.

C.3.23 Contractor must immediately notify the COTR or COTR’s designee of any problem, unexpected occurrence, or delay in the process of the work.

C.3.24 Contractor shall be responsible for all local and out-of-town travel required to meet the deliverables of this project set forth in this contract.

C.3.25 Contractor shall work cooperatively with collaborating Smithsonian staff, the infrastructure contractor, and with NMNH’s other Contractors and vendors to ensure that all elements of the projects provided work together efficiently and safely with all components fabricated and installed by

Contractor.

C.3.26 The Contractor shall perform critical project coordination by performing the following tasks:

Coordinate its own work internally so that the various trades and activities directly supervised by the Contractor come together smoothly to produce exhibition components in a timely manner that does not delay delivery to the Museum or negatively impact the schedule.

Coordinate the work of all Subcontractor(s) particularly as regards to case work, models and dioramas, bracketing and installation/integration of specimens and models, illustrations and art, and AV hardware/systems.

Coordinate its work with Grunley Construction as the renovation/construction project is ongoing.

Appoint an Exhibit Project Coordinator who shall be experienced in administration and supervision of exhibit installation work.

Appoint an Exhibit Project Manager who shall have experience coordinating exhibit fabrication and installation with a general contractor on a project of similar scale and type.

C.4 Correlation and Intent

Omissions in the RFP of such words and phrases as “the Offeror shall”, “the Contractor shall”, “shall be”, “shall consist of”, “as indicated on the drawings”, “in accordance with”, “shall”, “and”, “the”, etc., are unintentional. Such words and phrases shall be supplied by implication.

Whenever the words “necessary”, “proper”, or words of like effect are used in the RFP with respect to the extent, conduct, or character of work required, they shall mean that the said work shall be carried to the extent, must be conducted in a manner, or be of a character that is “necessary” or

“proper” under the circumstances, in the opinion of the Contracting

Officer. The Contracting Officer’s judgment in such matters shall be considered final.

To the extent that any of the Specifications attached to this Contract conflict with any of the provisions of this Contract, the portion that provides the greatest protection to, and is in the best interest of, the

Smithsonian shall prevail.

To the extent that the Contract or any of the Specifications state that

Exhibit Designer will approve Contractor’s work or products or manufacturers Contractor has suggested, said approval shall be made by the Smithsonian and the Smithsonian reserves the right to consult with the

Exhibit Designer as part of the approval process.

C.5 Codes and Standards

The project shall be fabricated and installed in accordance with the applicable codes, standards, design parameters or regulations noted in this or other sections of this RFP. In case of conflict between codes, standards, or regulations, the most stringent requirement shall apply.

Reference to standard specifications of any technical society, organization, or association, or to codes, manuals, or regulations of Federal or local authorities shall mean the latest standard, code manual, regulation, specification, or tentative specification adopted and published at least thirty (30) days prior to submittal of proposals, unless specifically stated otherwise.

Any code, standard, regulation, or specification listed below that references the “authority having jurisdiction”, “local authority”, or

“governmental authority” shall be interpreted to refer to the Contracting

Officer as being this authority for purposes of interpreting/clarifying codes, standards, regulations, and specifications.

Contractor’s performance shall conform to the following codes, standards, regulations, etc.: American Disabilities Act (ADA); all governing local, state, and national codes.

SECTION D – PACKAGING AND MARKING

The Contractor shall ensure safe and undamaged arrival of the exhibition materials to:

National Museum of Natural History

10th and Constitution Ave., NW

Washington, DC 20560-0101

SECTION E – INSPECTION AND ACCEPTANCE

E.1. Inspection:

E.1.1 Upon proper notice and during normal working hours, the Smithsonian Institution reserves the right to perform any inspections and tests as deemed necessary to assure that the Contractor is performing in accordance with the terms and specifications as set forth herein.

E.1.2 Inspection may be at the Contractor’s place of business or at any location where work is being performed in conjunction with this Contract.

E.1.3 Inspection by the Smithsonian Institution shall not relieve the Contractor of responsibility for any or all quality control aspects during the life of this Contract. This shall include quality control for items covered by this Contract that may be subcontracted.

E.2. Acceptance:

E.2.1 The supplies and services rendered under this Contract will be accepted and approved by the Contracting Officer or a designated representative thereto. Such approval will indicate acceptability to the Smithsonian Institution of performance in accordance with the terms and conditions of this Contract, and will be subject to applicable warranties.

The Smithsonian Institution reserves the right to reject works not conforming to prescribed contract requirements.

E.2.2 Neither the Smithsonian Institution’s reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this Contract shall be construed to operate as a waiver of action arising out of the performance of this Contract.

Furthermore, the Contractor shall be and remain liable to the Smithsonian Institution in accordance with applicable law for all damages to the Smithsonian Institution caused by the Contractor’s negligent performance of any of the supplies or services furnished under this Contract.

E.2.3 Acceptance by the Smithsonian Institution does not relieve the Contractor of responsibility for correction of errors or omissions that may arise after such acceptance if the errors and omissions are clearly a fault in Contractor performance.

E.3.1 52.246-12 Inspection of Construction. (APR 1996)

E.3.1 52.246-S0038 Smithsonian Institution Inspection and Acceptance (Jun

2000)

Inspection and acceptance may be made on a daily basis on work performed at the job site, by the Contracting Officers Technical

Representative. All work shall be coordinated through the COTR for acceptance of work, payrolls and invoice(s).

E.3.2 52.246-S0039 Final Inspection and Tests (Jun 2000)

The requirements of the Inspection of Construction clause prescribed in

FAR 52.246-12, are supplemented to provide that the Contractor shall give the Contracting Officer at least 10 calendar days advance written notice of the date the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started within 10 calendar days from the date specified in the aforesaid notice unless the

Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Period of Performance

Work under this contract shall begin by the Contractor within ten (10) calendar days after the Notice to Proceed and shall be completed by April

5, 2019. All work, including project close-out activities, shall be completed in every respect within the contract time.

The start date and completion date shall be as stated in the Notice to

Proceed issued by the Contracting Officer. The completion dates will be phased. The Infrastructure Contractor also has turnover dates which correspond with the Exhibit Contractor’s schedule.

NOTES:

1. Schedule assumes a Notice to Proceed Date of September 6, 2016.

2. Schedule assumes access to the exhibition hall on January 1, 2018.

2. Schedule assumes a Completion Date of April 5, 2019.

3. Schedules for installation must be coordinated as a part of contracting process, and coordinated with schedules for infrastructure renovation, specimen bracketing and installation, model work and installation, illustration work and installation, and any other trades.

4. Schedule should assume graphic files provided by Owner or alternate

Contractor will be provided in Spring 2017. Graphics provided before this date will be for sizing and coordination of exhibition-related fabrication only.

5. Schedule should assume images and illustrations provided by Owner or alternate Contractor will be provided to the Contractor in batches beginning in Fall 2017 through Spring 2018. If graphic delivery is a schedule or cost impact, Contractor should include a section in the proposal indicating a preferred graphic delivery schedule and the desirable cost/schedule impact.

5. Schedule should conform to proofing, prototyping, maquette, and review requirements including minimum review periods as detailed in this

RFP and the Bid Set dated May 16, 2016.

F.2 Place of Delivery

All exhibit components/materials shall be delivered, for installing, to the following address:

National Museum of Natural History

10th and Constitution Ave., NW

Washington, DC 20560-0101

The Museum has two egress driveways to two loading docks. One is located on the West side of the building closest to 10th Street, can accommodate tractor-trailers, and has an operable full-size lift. The second is located on the East side of the building closest to 9th Street. This access driveway is closest to the work site. However, it cannot accommodate tractor-trailers, has an interior/covered smaller lift, and has weight-loading restrictions.

F.3 F.O.B. Destination within Consignee’s Premises Delivery Terms

The term F.O.B. Destination within Consignee’s Premises means:

a. Delivery, free of expenses to the Smithsonian Institution, to within the doors of consignee’s premises specified in the contract or delivery instructions.

b. That it shall be the responsibility of the Contractor to do the following:

i. Pack and mark in such a manner as to afford adequate protection against normal transportation hazards and secure prompt delivery to the consignee, and comply with all packing and marking specifications of the contract;

ii. Properly prepare and distribute commercial bill of lading;

iii. Make delivery laid down within the doors of the consignee’s premises specified in the contract or delivery instructions;

iv. Pay and bear all transportation and accessorial charges and for such delivery laid down within the doors of the consignee’s premises specified in the contract or delivery instructions; and

v. Be responsible for any loss or damage occurring before delivery laid down within the doors of the consignee’s specified in the contract or delivery instructions.

F.4 52.211-S0025 Commencement, Prosecution, and Completion of Work

(Jun 2000)

(a) Definitions.

(1) The Contract Time is the period of time allotted in the Contract Documents for

Final Completion of the Work as defined in this Construction Contract Clause, including authorized extensions thereto. The Contractor shall complete his Work within the Contract Time as stated in the SF 1442, or as modified.

(2) The date of commencement of the Work is the date established in the Notice

To Proceed issued by the C.O. Submission by the Contractor of its Performance and Payment Bonds, Preliminary Schedule and all Certificates of Insurance and their approval by the S.I. are conditions precedent to the issuance of the Notice to

Proceed. The Contractor shall not commence the Work or store materials or equipment on site until written Notice to Proceed is issued or until the Contractor otherwise receives the written consent of the C.O.

(3) The date of Substantial Completion of the Work or designated portion thereof is the date certified by the COTR when the Work or a designated portion thereof is sufficiently complete, in accordance with the Contract Documents, so the S.I.

can fully occupy the Work or designated portion thereof for the use for which it is intended, with all of the Project's parts and systems operable as required by the

Contract Documents. Only punch list work and any final cleaning beyond that needed for the S.I.'s full use may remain for Final Completion.

(4) The date of Final Completion of the Work is the date certified by the COTR when the Work is totally complete, to include punch list work and final clean up, in accordance with the Contract Documents and the S.I. may fully occupy and fully utilize the Work for the use for which it is intended.

(5) If a date or time of completion is included in the Contract, it shall be the Date of Final Completion as defined in this Construction Contract Clause, including authorized extensions thereto, unless otherwise provided.

(6) The term Day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. All dates shall mean midnight of the indicated day unless otherwise stipulated.

(b) Progress and Completion.

(1) All time limits stated in the Contract Documents are of the essence of the

Contract.

(2) The Contractor shall prosecute the Work diligently to Final Completion.

(c) Delays and Extensions of Time.

(1) The time during which the Contractor is delayed in the performance of the

Work, by the acts or omissions of the S.I., the Architect, or their employees or agents, acts of God, unusually severe and abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, or other conditions beyond the Contractor's control and which the

Contractor could not reasonably have foreseen and provided against, shall be added to the Contract Time; provided, however, that no claim by the Contractor for an extension of time for delays will be considered unless made in compliance with the requirements of this Article and other provisions of the Contract

Documents.

(2) Neither the S.I., nor the Architect shall be obligated or liable to the Contractor for, and the Contractor hereby expressly waives any claims against the S.I. and the Architect on account of any indirect or direct damages, costs or expenses of any nature which the Contractor, Subcontractors, of Suppliers or any other person may incur as a result of any delays, interference, changes in sequence or the like, which are reasonable, foreseeable, contemplated, or avoidable by the Contractor, arising from or out of any act or omission of the S.I. of the Architect, or their agents, employees, consultants, separate contractors or any governmental representative, it being understood and agreed that the Contractor's sole and exclusive remedy in any such events shall be an extension of the Contract Time, but only as determined in accordance with the provisions of the Contract

Documents.

(3) The Contract Time shall be adjusted only for Change Orders pursuant to the

Construction Contract Clause entitled "Changes", excusable delays pursuant to

Construction Contract Clause entitled "Delays and Extensions of Time" and

Construction Contract Clause entitled "Smithsonian Institution's Right to Stop or to Suspend the Work". In the event the Contractor requests an extension of the

Contract Time, he shall furnish such justification and supporting evidence as the

C.O. may deem necessary for a determination of whether the Contractor is entitled to an extension of time under the provisions of the Contract. The burden of proof to substantiate a claim for an extension of the Contract Time shall rest with the Contractor, including evidence that the cause was beyond his control.

The C.O. shall base his findings of fact and decision on such justification and supporting evidence and shall advise the Contractor in writing thereof. If the C.O.

finds that the Contractor is entitled to any extension of the Contract Time, the

C.O.'s determination of the total number of days' extension shall be based upon the currently approved Progress Schedule and on all data relevant to the extension. Such data will be incorporated into the Progress Schedule in the form of a revision thereto, accomplished in a timely manner. The Contractor acknowledges and agrees that actual delays (due to said changes, suspensions of work or excusable delays) in activities which, according to the Progress Schedule, do not affect the Contract Time, do not have any effect upon the Contract Time and therefore will not be the basis for a change therein. The Contractor acknowledges and agrees that time extensions will be granted only to the extent that excusable delays exceed the available float in the Contractor's Progress

Schedule.

(4) Subject to other provisions of the Contract, the Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Price) for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, his Subcontractors or Suppliers as follows:

(i) Labor disputes and strikes (including strikes affecting transportation), that do, in fact, directly and critically affect the progress of the Work; however, an extension of Contract time on account of an individual labor strike shall not exceed the number of days of said strike;

(ii) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed work or stored materials.

(iii) Abnormal inclement weather; however, the Contract Time will not be extended due to normal inclement weather. The time for performance of this

Contract, as stated in the Contract Documents, includes an allowance for calendar days, which may not be available for construction out-of-doors; for the purposes of the Contract, the Contractor agrees that said number of calendar days per month are to be considered as normal inclement weather. Unless the Contractor can substantiate to the satisfaction of the S.I. that there was greater than normal inclement weather considering the full term of the Contract Time using a ten year average of accumulated record mean values from climatological data compiled by the U.S. Department of Commerce, National Oceanic and Atmospheric

Administration for the locale of the Project and that such alleged greater than normal inclement weather actually delayed the Work or portions thereof which had an effect upon the Contract Time, the Contractor shall not be entitled to an extension of time. If the total accumulated number of calendar days lost due to inclement weather, from the start of Work until Final Completion, exceeds the total accumulated number to be expected for the same period from the aforesaid climatological data, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost.

(iv) Acts of the public enemy, acts of the state, Federal or local government in its sovereign capacity, and acts of a separate contractor in the performance of its contract with the S.I. relating to the Project.

(5) The Contractor shall not be entitled to and hereby expressly waives any extension of time resulting from any conditions or cause unless said claim for extensions of time is made in writing to the C.O. within seven (7) days of the first instance of delay. Circumstances and activities leading to such claim shall be indicated or referenced in a daily field inspection report for the day(s) affected;

otherwise, all such claims are waived by the Contractor. In every such written claim, the Contractor shall provide the following information:

(i) Nature of the delay;

(ii) Date (or anticipated date) of commencement of delay;

(iii) Activities on the Progress Schedule affected by the delay, and/or new activities created by the delay and their relationship with existing activities;

(iv) Identification of person(s) or organizations(s) or event(s) responsible for the delay;

(v) Anticipated extent of the delay;

(vi) Recommended action to avoid or minimize the delay.

(d) Responsibility for Completion.

(1) The Contractor shall furnish such manpower, materials, facilities and equipment and shall work such hours, including night shifts, overtime operations and Sundays and holidays, as may be necessary to insure the progress and completion of the Work in accordance with the approved and currently updated

Progress Schedule. If Work actually in place falls behind the currently updated and approved Progress Schedule and it becomes apparent from the current

Progress Schedule that the Work will not be completed within the Contract Time, the Contractor agrees that he will, as necessary, take some or all of the following actions at no additional cost to the S.I., as required to eliminate substantially the backlog of the Work:

(i) Increase manpower in quantities and crafts necessary

(ii) Increase the number of work hours per shift, shifts per working day, working days per week, the amount of equipment, or any combination of the foregoing;

and/or

(iii) Re-schedule activities to achieve maximum practical concurrence.

(2) The COTR may require the Contractor to submit a Recovery Schedule in accordance with the Supplementary Construction Contract Clause, demonstrating his program and proposed plan to make up the lag in scheduled progress and to ensure completion of the Work within the Contract Time. If the COTR finds the proposed plan not acceptable, he may require the Contractor to submit a new plan.

If the actions taken by the Contractor or the second plan proposed are not satisfactory, the COTR may require the contractor to take any of the actions set forth in this Construction Contract Clause without additional costs to the S.I., to make up the lag in scheduled progress.

(3) Failure of the Contractor to comply substantially with the requirements of this

Construction Contract Clause may be considered grounds for a determination by the S.I., pursuant to the Construction Contract Clause entitled "Default," that the

Contractor is failing to prosecute the Work with the sufficient diligence to ensure its completion with the Contract Time.

F.5 52.228-S0081 Period of Performance-Bonds & Insurance-Construction

Contractor must submit approved Certificate of Insurance and

Performance/Payment Bonds within ten (10) days of contract award.

F.5.1 SI-0082 Period of Performance and Optional Services, Period of

Performance-Options

Any optional services are subject to (1) acceptance and approval by the

Smithsonian Institution of the Contractor's performance during the respective contract periods, (2) Smithsonian Institution's continued requirement for these services, (3) availability of appropriated funds from which payment for contract purposes can be made, and (4) any increases in rates. In the event the

Smithsonian Institution exercises its right to extend the period of performance under this contract all other terms and conditions hereunder shall remain the same.

F.6 52.236-S0036 Smithsonian Institution's Right to Stop or to Suspend the Work

(Jun 2000)

(a) If the Contractor fails to correct defective Work as required by the

Construction Contract Clause entitled "Correction of Work", or fails to carry out the Work or supply labor and materials in accordance with the

Contract Documents, the C.O. by a written order may order the Contractor to stop the Work, or any portion thereof, without monetary compensation to the Contractor until the cause for such order has been eliminated.

(b) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the Work for such period of time as he may determine to be appropriate for the convenience of the S.I.

(c)…

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