Rfp Georgetownbp7thrubp11bp14thrubp22 2 Dcpl2009r0019

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 PART I SECTION B: SCHEDULE FOR CONSTRUCTION, ALTERATIONS, REPAIRS PRICE The renovations of the Georgetown Neighborhood Library are being managed and controlled by the Georgetown Renovation Team (GRT). The GRT is made up of the Construction Manager (Smoot Construction), the Architect/Engineer (Martinez and Johnson) and the Owner (DC Public Library and the Contracting Officer’s Technical Representative). The actual physical renovation, restoration, preservation and new construction of the library will be executed through multiple proposal packages. Roles and Responsibilities of the GRT are defined herein. Eight (8) Bid Packages (BP) have already been awarded for BP-01) General Trades, BP-02) Hazardous Material Mitigations, BP-03) Historic Material Salvage and Protection, BP-04) Structural Concrete, BP-05) Selective Demolition, BP-06) Structural Steel, BP-12) Mechanical, Plumbing & Fire Protection Systems and BP-13) Electrical Systems. The solicitation contained herein is for all remaining trade contract packages to include: BP-07 through BP-11 and BP-14 through BP-22. Request for Proposals Packages will be posted on the DCPL website www.dclibrary.org under the Business Opportunities link. Any bid packages/proposal packages after 22 will be procured under a separate solicitation at a later date. B.1

The District of Columbia Public Library is asking contractors to respond to this Request For Proposals to furnish all parts, labor, material and equipment necessary to complete the Work of the following named Bid Packages (BP) tasks associated with the complete renovation and addition at the Georgetown Neighborhood Library, in accordance with the Scope, Specifications and Drawings: ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ

BP 07: SITE PAVING, UNIT PAVERS AND SITE UTILITIES (100% CBE Subcontracting set-aside requirement) BP 08: SITE FURNISHINGS AND LANDSCAPING (35% CBE Subcontracting set-aside requirement) BP 09: MISCELLANEOUS AND ORNAMENTAL METALS (10% CBE Subcontracting set-aside requirement) BP 10: THERMAL AND MOISTURE PROTECTION, ROOFING (50% CBE Subcontracting set-aside requirement) BP 11: ELEVATOR SYSTEMS (10% CBE Subcontracting set-aside requirement) BP 14: UNIT MASONRY AND STONE WORK (50% CBE Subcontracting set-aside requirement) BP 15: HISTORIC RESTORATION (35% CBE Subcontracting set-aside requirement) BP 16: STILE & RAIL DOORS, MILLWORK AND FINISH CARPENTRY (50% CBE Subcontracting set-aside requirement)

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 ƒ ƒ ƒ ƒ ƒ ƒ

B.2

BP 17: DOORS, FRAMES, HARDWARE, SPECIALTIES & ASSOCIATED CARPENTRY (100% CBE Subcontracting set-aside requirement) BP 18: GLASS AND GLAZING (35% CBE Subcontracting set-aside requirement) BP 19: FURNITURE, FIXTURES AND EQUIPMENT (100% CBE Subcontracting set-aside requirement) BP 20: PLASTER, DRYWALL, FIREPROOFING AND CEILING SYSTEMS (50% CBE Subcontracting set-aside requirement) BP 21: TILE, CORK, CARPET AND RESILIENT FLOOR SYSTEMS (35% CBE Subcontracting set-aside requirement) BP 22: PAINTING AND WALLCOVERING (100% CBE Subcontracting set-aside requirement) Designation of Solicitation for the Open Market with CBE Subcontracting Requirement The Georgetown Library Project is designated for the Open Market with an overall 50% CBE subcontracting set-aside requirement. Under the provisions of the “Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005” (the Act), Title II, Subtitle N, of the “Fiscal Year 2006 Budget Support Act of 2005”, D,C, Law 16-33, effective October 20, 2005, the District shall apply preferences in evaluating bids or proposals from businesses that are small, local, disadvantaged, resident-owned, longtime resident, or local with a principal office located in an enterprise zone of the District of Columbia. Each individual Bid Package (BP) will not be required to meet the overall 50% subcontracting set-aside, but will be evaluated as part of the overall project goal. Any prime contractor responding to this solicitation shall submit with their proposal, a notarized statement detailing its subcontracting plan. Once the plan is approved by the contracting officer, changes will only occur with the prior written approval of the contracting officer.

B.3

The District of Columbia Public Library (DCPL) intends to make fourteen (14) different awards under this solicitation. DCPL, therefore, reserves the right NOT to award multiple BPs, whichever is beneficial to DCPL, to the responsible offeror whose offer is most advantageous to the District, based upon the evaluation criteria specified in Section M. The estimated price ranges for these proposal package requirements are as follows: BP 7 – between $ 400,000 and $ 550,000 BP 8 - between $ 50,000 and $100,000 BP 9 – between $ 250,000 and $ 400,000 BP 10 - between $ 500,000 and $ 650,000 BP 11 – between $ 140,000 and $ 220,000 BP 14 - between $ 200,000 and $ 350,000 BP 15 – between $ 850,000 and $1,000,000

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 BP 16 - between $ 450,000 and $ 600,000 BP 17 – between $ 200,000 and $ 300,000 BP 18 - between $ 400,000 and $ 550,000 BP 19 – between $ 550,000 and $ 650,000 BP 20 - between $ 800,000 and $ 950,000 BP 21– between $ 180,000 and $ 260,000 BP 22 - between $ 150,000 and $ 200,000 B.4

The Contractor shall offer separate lump sum firm fixed prices for any or all of the following Bid Packages (BP 7 thru BP 11 & BP 14 thru BP 22) as described below and complete the price breakdown in section B.5:

BID PACKAGE (BP)

DESCRIPTION

LUMP SUM PRICE

BP 7

SITE PAVING, UNIT PAVERS AND SITE UTILITIES

$_______________

BP 8

SITE FURNISHINGS AND LANDSCAPING

$_______________

BP 9

MISCELLANEOUS AND ORNAMENTAL METALS

$_______________

BP 10

THERMAL, MOISTURE PROTECTION & ROOFING

$_______________

BP 11

ELEVATOR SYSTEMS $_______________

BP 14

UNIT MASONRY AND STONE WORK

$_______________

BP 15

HISTORIC RESTORATION

$_______________

BP 16

STILE & RAIL DRS, MILLWORK & FIN CARPENTRY $_______________

BP 17

DRS, FRMS, HRDWR, SPECLTIES & ASSOC. INSTL.

BP 18

GLASS AND GLAZING

$_______________

$_______________ BP 19

FURNITURE, FIXTURES AND EQUIPMENT

BP 20

PLASTER, DRYWALL, FIREPROOFING & CEILINGS $_______________

BP 21

TILE, CORK, CARPET AND RESIL. FLOOR SYST.

$_______________

BP 22

PAINTING AND WALLCOVERING

$_______________

ADDITIVE ALTERNATES

DESCRIPTION

$_______________

LUMP SUM PRICE

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 B.5

PRICE BREAK DOWN FORM

The bidder must complete this breakdown of prices and submit it with its bid. In case of any discrepancy in the total bid price entered here and under Section-B.4, the latter shall govern. The bidder shall balance the divisional prices entered below (without any frontloading). These prices are for the sole use of pre-determining activity costs during the pre-construction phase; but after the award, and for later use in computing monthly progress payments, prices are subject to final approval by the COTR before the actual work starts. Bidders shall submit their Price Break Down Form for each task listed and described below referencing allowances for items that fixed prices cannot be determined at bid time due to incomplete design detail. B.5.1 Breakdown into break out items 01, 02 and 03 of lump sum price bid under each and every trade package BP 07 through BP 22 being bid as follows: DESCRIPTION BREAK OUT ITEM NO. 01 General Requirements

TOTAL PRICE BREAKDOWN

………………………. 02 Bid Package Trade Scope per Bid Drawings and Specifications 03 Overhead and Profit

………………………. ……………………….

Lump Sum Bid Price

Lump Sum Bid Price ……….........................

Contractors bidding more than one (1) bid package shall provide this breakdown for each respective trade. B.6

Pick-up and Availability of Solicitation Documents

A CD copy of this solicitation, drawings, specifications and its attachments, can be picked up Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m., free of charge to the bidders, at the Bid Issuance Office located at: MLK Library 901 G Street, NW Suite 434 Washington, DC 20001 Or: Smoot Construction Company 5335 Wisconsin Ave., NW, Suite 940 Washington, DC 20015

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 202-243-6688

An electronic copy of the solicitation only is available at www.DCLibrary.Org under Business Opportunities Solicitation No. DCPL-2009-R-0019.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 PART I SECTION C – SCOPE/SPECIFICATIONS/DRAWINGS C.1

SCOPE: The contractor shall furnish all parts, labor, material and equipment necessary to complete the concrete structural systems and selective demolition tasks associated with the complete renovation and addition at the Georgetown Neighborhood Library in accordance with the Specifications and Drawings provided herewith, and the Government of the District of Columbia Standard Contract Provisions for Use With Specifications for District of Columbia Construction Projects dated January 2007, and amendments thereto. A copy of this booklet is available free of charge to the bidders at the Bid Issuance Office listed in Page 1 of the solicitation. The Georgetown Neighborhood Library is located at 3260 R Street, NW, Washington, D.C at the intersection of Wisconsin Avenue. Fourteen (14) bid packages are offered as part of this solicitation. Offerors may respond to one or as many packages, as suits their preference and as they are qualified to perform, but must assume that awards will be made individually. In the event of any inconsistency or conflict between the Government of the District of Columbia Standard Contract Provisions for Use with Specifications for District of Columbia Construction Projects dated January 2007 and provisions included in the solicitation provisions herein, the information included in this solicitation shall take precedence.

C.1.1 – DETAILED SCOPE DESCRIPTIONS FOR BID PACKAGES BP 07 THROUGH BP 22 – Contractor shall be responsible for providing all labor, material and equipment to fully execute the requirements of all new and modified construction as specifically described in Attachment J.2 Scopes of Work and as indicated in bid documents, Attachment J.1, 100% Construction Drawings and Specifications dated July 09, 2009 Available on CD. Note: For further scope definition, Contractors may reference Salvage, Protect and Preserve drawings and specifications, dated August 13, 2008, and Hazmat Survey and Phase I ESA ( both Available on CD). These drawings are for information, showing work to be removed, protected and/or disposed of by others so that the Work of this contract can be further determined. C.2

DEFINITIONS: BREAK OUT ITEM means a discrete component of the work for which a separate price is requested. The “Total Price Breakdown” is the sum total of all components, and must equal the Lump Sum Bid Price. This breakdown shall be required for responses to all bid packages BP 07 through BP 22. Break out item – A subset of the total lump sum price consisting of itemized data or essentials that comprise the parts or elements included in the lump sum price.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 C.3 DRAWINGS AND SPECIFICATIONS: A. Drawings and Specifications are included as identified in Attachment J.1. B. The intent of the Drawings and Specifications is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Drawings and Specifications are complementary, and what is required by one shall be as binding as if required by all. The Contractor shall be held to provide all labor and materials necessary for the entire completion of the Work described in the Drawings and Specifications and reasonably implied there from to produce the intended results. C. The Standard Conditions may not be superseded or amended by drawings and specifications unless so provided in Special Conditions prepared by the Architect and approved in writing by DCPL. D. The organization of the Specifications in divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. E. In the event of inconsistencies within or between the Drawings and Specifications, the Contractor shall provide the better quality or greater quantity of Work, and shall comply with the stricter requirement. F. Unless otherwise specified in the Drawings and Specifications, words which have wellknown technical or construction industry meanings are used in accordance with such recognized meanings. G. Interpretation 1.

If the Contractor finds any perceived conflict, error, omission or discrepancy on or between the Drawings and Specifications, or any of the Drawings and Specifications, the Contractor, before proceeding with the Work, shall submit a written request to the Architect, through the Construction Manager, for an interpretation or clarification. The Contractor shall be responsible for the prompt delivery of such request to the Construction Manager.

2.

The Architect, through the Construction Manager, shall respond in writing, within three (3) days of receipt of the request, to any and all requests for interpretation of the Drawings and Specifications.

3.

Any interpretation or clarification of the Drawings and Specifications made by any person other than the Architect, or in any manner other than writing, shall not be binding and the Contractor shall not rely upon any such interpretation or clarification.

4.

If any change to the Work is made to accommodate unforeseen circumstances, the Construction Manager or the Architect shall initiate the appropriate action and notify DCPL.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 H. The contractor shall be responsible for all applicable trade permits associated with this work. The contractor shall be responsible for obtaining, at no expense to DCPL, a Public Space Permit. The site located adjacent to M Street has little to no off street access. It is anticipated that all deliveries will be handled through the main entrance on M Street. DCPL has submitted permit plans to the DC Department of Consumer and Regulatory Affairs (DCRA); the general building permit will be provided to the selected contractor. I. The Contractor shall submit with their proposals a submittal log and submittal schedule.- in hard copy Microsoft Excel Spreadsheet J. DRAWINGS AND SPECIFICATIONS 1. As-Built Drawings

C.4

A.

The Contractor shall keep an accurate record of all approved changes made to the Drawings to show actual installation where installation varies from Work as originally shown, including the exact location and depth of underground utility lines.

B.

During the performance of the Work, the Contractor shall record prior to any pay request submission any approved changes on the Drawings, neatly in colored pencil, noting new information not shown on the original Drawings and bring this to the attention of the Architect. Failure to provide the information may be cause for partial payment withholding.

C.

Where Shop Drawings are used, the Contractor shall cross reference the corresponding sheet numbers on the Drawings. The Contractor shall note related Change Order numbers where applicable.

D.

The Contractor shall keep a record of any change made to the Specifications, noting particularly any variation from manufacturer's installation instructions and recommendations.

Existing Conditions Aside from the pre-bidder’s conference and after award the contractor shall conduct a pre-installation conference at the project site with Owner and the Architect and a representative from the Construction Manager to discuss schedule, access to space and construction phasing, and review the Contractor’s work plan once submitted prior to approval. Contractor shall name Owner and Construction Manager as Additional Insured on its Liability Insurance Policies and will provide adequate levels of liability insurance as required by the Contract.

C.5

NOT USED

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

C.6

DRAWINGS: The Contractor shall perform the work in accordance with the Drawings listed below and included herein as Attachment J.1. Reference documents only as listed below are included for information only:

Georgetown Neighborhood Library 100% Construction Drawings and Specifications – July 09, 2009

INDEX OF DRAWINGS (228) SHT. # A-0.00 A-0.01 A-0.02 A-0.03 A-0.04

SHEET NAME: COVER SHEET ABBREVIATIONS, LEGENDS, SPOT ELEVATIONS DRAWING LIST DEMOLITION AND PRESERVATION NOTES HISTORIC PRESERVATION NOTES AND GLOSSARY HISTORIC PRESERVATION NOTES

CIVIL DRAWINGS C1.00 C1.10

EXISTING CONDITIONS DEMOLITION PLAN

C2.00

SITE IMPROVEMENTS PLAN

C3.00 C3.10 C3.20 C3.30 C3.40 C3.50

UTILITY PLAN UTILITY PROFILES UTILITY DETAILS 1 UTILITY DETAILS 2 UTILITY DETAILS 3 UTILITY DETAILS 5

C4.00 C4.10 C4.20

GRADING AND STORMWATER PLAN STORMWATER MANAGEMENT DETAILS 1 STORMWATER MANAGEMENT DETAILS 2

C5.00 C5.10 C5.20 C5.30

ESC PLAN PHASE 1 ESC PLAN PHASE 2 ESC DETAILS ESC NOTES

LANDSCAPE DRAWINGS L1.01 L1.02 L1.03 L1.04

SITE REFERENCE PLAN SITE PLAN SITE PLAN LAYOUT PLAN

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Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 L1.05

LAYOUT PLAN

L2.01 L2.02

PLANTING PLAN PLANTING PLAN

L3.01 L3.02 L3.03

HARDSCAPE DETAILS HARDSCAPE DETAILS - LOWER TERRACE HARDSCAPE DETAILS

L3.04

HARDSCAPE DETAILS

L3.05 L3.06 L3.07

HARDSCAPE DETAILS SITE FURNISHING DETAILS PLANTING DETAILS

EGRESS DRAWINGS AE-0.00 AE-1.00

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CODE ANALYSIS, EGRESS CALCULATIONS AND TABLES EGRESS PLANS

ARCHITECTURAL DRAWINGS AS-0.00 AS-0.01 AS-0.02 AS-0.03

SITE VICINITY PLAN ARCHITECTURAL SITE PLAN SITE DETAILS SITE DETAILS

AD-1.00 AD-1.01 AD-1.02 AD-1.03 AD-1.04

LOWER LEVEL DEMOLITION PLAN FIRST LEVEL DEMOLITION PLAN MEZZANINE LEVEL DEMOLITION PLAN SECOND LEVEL DEMOLITION PLAN ROOF LEVEL DEMOLITION PLAN

AD-2.00 AD-2.01

DEMOLITION NORTH AND SOUTH ELEVATIONS DEMOLITION EAST AND WEST ELEVATIONS

A-1.00 A-1.01 A-1.02 A-1.03 A-1.04

LOWER LEVEL PLAN FIRST LEVEL PLAN SECOND LEVEL PLAN THIRD LEVEL PLAN ROOF PLAN

A-1.09 A-1.10 A-1.11 A-1.12 A-1.13

LIGHT FIXTURE SCHEDULE LOWER LEVEL REFLECTED CEILING PLAN FIRST LEVEL REFLECTED CEILING PLAN SECOND LEVEL REFLECTED CEILING PLAN THIRD LEVEL REFLECTED CEILING PLAN

A-1.20 A-1.21 A-1.22 A-1.23 A-1.24

ENLARGED PLAN LOWER LEVEL ENLARGED PLAN LOWER LEVEL ENLARGED PLAN FIRST LEVEL ENLARGED PLAN SECOND LEVEL ENLARGED THIRD LEVEL PLAN

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Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 A-1.40 A-1.41 A-142

PLAN DETAILS PLAN DETAILS PLAN DETAILS

A-2.00 A-2.01 A-2.02 A-2.03

NORTH ELEVATION SOUTH ELEVATION EAST ELEVATION WEST ELEVATION

A-3.00 A-3.01 A-3.02 A-3.03

BUILDING SECTION LONGITUDINAL LOOKING NORTH BUILDING SECTION TRANSVERSE LOOKING WEST BUILDING SECTION TRANSVERSE LOOKING WEST BUILDING SECTION LONGITUDINAL LOOKING SOUTH

A-3.10 A-3.11 A-3.12 A-3.13 A-3.14 A-3.15 A-3.16

WALL SECTIONS WALL SECTIONS WALL SECTIONS WALL SECTIONS WALL SECTIONS WALL SECTIONS WALL SECTIONS

A-3.20 A-3.21 A-3.22

WALL SECTION DETAILS WALL SECTION DETAILS WALL SECTION DETAILS

A-4.00 A-4.01 A-4.03 A-4.04

ROOF DETAILS ROOF DETAILS CUPOLA DETAILS DORMER ELEVATION & MOULDING DETAILS

A-5.00

PARTITION SCHEDULE

A-5.10 A-5.11 A-5.12

DOOR SCHEDULE, DOOR FRAMES AND TYPES DOOR HEAD, JAMB, AND SILL DETAILS DOOR HEAD, JAMB, AND SILL DETAILS

A-5.20 A-5.21

WINDOW SCHEDULE AND DETAILS WINDOW DETAILS

A-5.30 A-5.31 A-5.32 A-5.33 A-5.34 A-5.35 A-5.36 A-5.37 A-5.38 A-5.39 A-5.40

CASEWORK PLAN LOWER LEVEL CASEWORK FIRST FLOOR PLAN CASEWORK SECOND FLOOR PLAN CASEWORK THIRD FLOOR PLAN CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 A-5.41 A-5.42 A-5.43 A-5.44 A-5.45 A-5.46 A-5.47

CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK ENLARGED PLAN AND ELEVATIONS CASEWORK AND SHELVING SCHEDULE METAL SHELVING ELEVATIONS METAL SHELVING ELEVATIONS

A-5.50 A-5.51 A-5.52

MATERIAL SCHEDULE FINISH AND PAINT SCHEDULES FURNITURE AND EQUIPMENT SCHEDULES

A-5.60 A-5.61 A-5.62 A-5.63

FINISH FLOOR PLAN - LOWER LEVEL FINISH FLOOR PLAN - FIRST LEVEL FINISH FLOOR PLAN - SECOND LEVEL FINISH FLOOR PLAN - THIRD LEVEL

A-5.70 A-5.71 A-5.72 A-5.73 A-5.74 A-5.75

LOWER LEVEL FURNITURE PLAN FIRST LEVEL FURNITURE PLAN SECOND LEVEL FURNITURE PLAN THIRD LEVEL FURNITURE PLAN FURNITURE FURNITURE

A-6.00 A-6.01 A-6.02 A-6.03 A-6.04 A-6.05 A-6.06 A-6.07 A-6.08

LOWER LEVEL INTERIOR ELEVATIONS LOWER LEVEL INTERIOR ELEVATIONS LOWER LEVEL INTERIOR ELEVATIONS FIRST LEVEL INTERIOR ELEVATIONS FIRST LEVEL INTERIOR ELEVATIONS FIRST LEVEL INTERIOR ELEVATIONS SECOND LEVEL INTERIOR ELEVATIONS SECOND LEVEL INTERIOR ELEVATIONS THIRD LEVEL INTERIOR ELEVATIONS

A-6.10 A-6.11 A-6.12

TOILET ROOM ACCESSORY SCHEDULE AND TYPICAL DETAILS TOILET ROOMS, ENLARGED PLANS, AND INTERIOR ELEVATIONS TILE DETAILS

A-7.00 A-7.01 A-7.02 A-7.03 A-7.04 A-7.05

ARCH ELEVATIONS AND DETAILS COLUMN DETAILS WAINSCOT AND PANELING ELEVATIONS AND PROFILES CABINET DETAILS MOULDINGS CORNICE DETAILS

A-8.00 A-8.01 A-8.02 A-8.03 A-8.04

STAIR S1 SECTION AND PLANS STAIR S2 SECTION AND PLANS STAIR S3 SECTION AND PLANS, STAIR DETAILS STAIR DETAILS RAMP DETAIL

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 A-9.00 A-9.01

ELEVATOR SECTION AND PLANS ELEVATOR INTERIOR ELEVATION AND DETAILS

STRUCTURAL DRAWINGS S1.0

GENERAL NOTES

S2.0D S2.1D S2.1MD S2.2D

LOWER LEVEL DEMOLITION PLAN FIRST LEVEL DEMOLITION PLAN MEZZANINE LEVEL DEMOLITION PLAN SECOND LEVEL DEMOLITION PLAN

S2.0

LOWER LEVEL FRAMING PLAN

S2.1 S2.2 S2.3 S2.4

FIRST LEVEL FRAMING PLAN SECOND LEVEL FRAMING PLAN THIRD LEVEL FRAMING PLAN ROOF FRAMING PLAN

S3.1 S3.2 S3.3 S3.4 S3.5

TYPICAL DETAILS TYPICAL DETAILS TYPICAL DETAILS TYPICAL DETAILS TYPICAL DETAILS

S4.1 S4.2 S4.3 S4.4 S4.5 S4.6

SECTIONS AND DETAILS SECTIONS AND DETAILS SECTIONS AND DETAILS SECTIONS AND DETAILS SECTIONS AND DETAILS SECTIONS AND DETAILS

MECHANICAL DRAWINGS M-0.01

SYMBOL LIST AND ABBREVIATIONS, GENERAL NOTES

DM-1.01 DM-1.02 DM-1.03 DM-1.04

LOWER LEVEL DEMOLITION PLAN FIRST LEVEL DEMOLITION PLAN MEZZANINE LEVEL DEMOLITION PLAN SECOND LEVEL DEMOLITION PLAN

M-1.01 M-1.02 M-1.03 M-1.04 M-1.05

LOWER LEVEL MECHANICAL PLAN FIRST LEVEL MECHANICAL PLAN SECOND LEVEL MECHANICAL PLAN THIRD LEVEL AND ATTIC MECHANICAL PLAN ROOF MECHANICAL PLAN

M-2.01 M-2.02 M-2.03 M-2.04 M-2.05

SCHEDULES MECHANICAL SCHEDULES MECHANICAL SCHEDULES MECHANICAL CONTORL DIAGRAM MECHANICAL CONTORL DIAGRAM MECHANICAL

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Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 M-3.01 M-3.02

DETAILS MECHANICAL DETAILS MECHANICAL

M-4.01

PLAN AND SECTION MECHANICAL

MP-1.01 MP-1.02 MP-1.03 MP-1.04 MP-1.05

LOWER LEVEL FLOOR PLAN MECHANICAL FIRST LEVEL PLAN MECHANICAL SECOND LEVEL PLAN MECHANICAL THIRD LEVEL & ATTIC PLAN MECHANICAL RISER DIAGRAM

ELECTRICAL DRAWINGS E01 E1 E2 E3 E4 E5 E6 E7 E8 E9 E10 E11

GENERAL NOTES, FIRE ALARM NOTES, SYMBOLS LIST, ABBREVIATIONS & LIGHTING FIXTURE SCHEDULES SITE EXTERIOR LIGHTING LOWER LEVEL PLAN LIGHTING FIRST LEVEL PLAN LIGHTING SECOND LEVEL PLAN LIGHTING THIRD LEVEL PLAN LIGHTING LOWER LEVEL PLAN POWER & FIRE ALARM FIRST LEVEL PLAN POWER & FIRE ALARM SECOND LEVEL PLAN POWER & FIRE ALARM THIRD LEVEL PLAN POWER & FIRE ALARM POWER & FIRE ALARM RISER DIAGRAMS PANEL SCHEDULES LIGHTNING PROTECTION

ED1.00 ED1.01 ED1.02 ED1.03

LOWER LEVEL DEMOLTION PLAN FIRST LEVEL DEMOLTION PLAN MEZZANINE LEVEL DEMOLTION PLAN SECOND LEVEL DEMOLTION PLAN

E00

PLUMBING DRAWINGS P-0.01

SYMBOL AND ABBREVIATIONS, NOTES AND SCHE.

PD1.01 PD1.02 PD1.03 PD1.04

LOWER LEVEL DEMOLITION PLAN FIRST LEVEL DEMOLITION PLAN MEZZANINE LEVEL DEMOLITION PLAN SECOND LEVEL DEMOLITION PLAN

P-1.01 P-1.02 P-1.03 P-1.04 P-1.05

LOWER LEVEL PLAN PLUMBING FIRST LEVEL PLAN PLUMBING SECOND LEVEL PLAN PLUMBING THIRD LEVEL PLAN PLUMBING ROOF PLAN PLUMBING

P-2.01

ENLARGED FLOOR PLANS - PLUMBING

P-3.01 P-3.02

SANITARY / STORM RISER DIAGRAMS WATER / FIRE RISER DIAGRAMS

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Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 P-3.03

GAS RISER DIAGRAMS

P-4.01

DETAILS

TA DRAWINGS TA001

A/V PLATE/BOX SCHEDULE, NOTES ABBREVIATIONS, ABD DETAILS

TA100 TA101 TA102 TA103 TA104 TA105 TA106 TA107 TA201

A/V LOWER LEVEL PLAN A/V FIRST LEVEL PLAN A/V SECOND LEVEL PLAN A/V THIRD LEVEL PLAN A/V LOWER LEVEL RCP A/V FIRST LEVEL RCP A/V SECOND LEVEL RCP A/V THIRD LEVEL RCP A/V ELEVATION

TA501

A/V DETAILS

TA601

A/V LINE DIAGRAMS

TA701 TA801

A/V PLATES AND PANELS A/V RACK DETAILS

TN DRAWINGS TN001

TELECOM PLATE/BOX SCHEDULE, NOTES, ABBREVIATION, AND DETAILS

TN100 TN101 TN102 TN103

TELECOM LOWER LEVEL PLAN TELECOM FIRST LEVEL PLAN TELECOM SECOND LEVEL PLAN TELECOM THIRD LEVEL PLAN

TY DRAWINGS TY001

SECURITY PLATE/BOX SCHEDULE, NOTES, ABBREVIATION, AND DETAILS

TY100 TY101 TY102 TY103 TY104 TY105 TY106 TY107 TY 501

SECURITY LOWER LEVEL PLAN SECURITY FIRST LEVEL PLAN SECURITY SECOND LEVEL PLAN SECURITY THIRD LEVEL PLAN SECURITY LOWER LEVEL RCP SECURITY FIRST LEVEL RCP SECURITY SECOND LEVEL RCP SECURITY THIRD LEVEL RCP A/V DETAILS

(20)

(16)

(10)

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 DOCUMENT 00010 – SPECIFICATIONS TABLE OF CONTENTS INTRODUCTORY INFORMATION 01 00001 Project Title Page 02 00010 Table of Contents 03 00015 List of Drawings BIDDING AND CONTRACTING INFORMATION Solicitation Standard Contract Provisions Jan 2007 DIVISION 1 - GENERAL REQUIREMENTS 01100 Summary

1125 1126 1127 1128 1129 1130

01125 Summary of Multiple Contracts 01210 Allowances 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01320 Construction Progress Documentation 01322 Photographic Documentation 1330 01330 Submittal Procedures 1331 01350 Qualifications of Restoration Artisans and Craftsmen Subcontractors 1332 01351 Special Procedures for Historic Treatment 1333 01352 LEED Requirements 01400 Quality Requirements 01420 References 01500 Temporary Facilities and Controls 01524 Construction Waste Management 01600 Product Requirements 01635 Substitution Procedures 01700 Execution Requirements 01732 Selective Demolition 01770 Closeout Procedures 01781 Project Record Documents 01782 Operation and Maintenance Data 01810 General Commissioning Requirements 01820 Demonstration and Training DIVISION 2 - SITE CONSTRUCTION 02080 Piped Utilities 02230 Site Clearing 02231 Tree Protection and Trimming 02260 Excavation Support and Protection 02300 Earthwork 02361 Termite Control 02371 Micro Piles 02510 Water Distribution

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 02530 Sanitary Sewerage 02620 Subdrainage 02630 Storm Drainage 02751 Cement Concrete Pavement 02764 Pavement Joint Sealants 02780 Unit Pavers 02781 Porous Unit Paving 02826 Ornamental Metal Fences and Gates 02870 Site Furnishings 02920 Lawns and Grasses 02930 Exterior Plants DIVISION 3 - CONCRETE

03300 Cast-in-place Concrete 03541 Gypsum Underlayment DIVISION 4 - MASONRY

04720 04810 04860 04901 04902 04903 04904

Cast Stone - Deleted Unit Masonry Assemblies Stone Masonry Clay Masonry Cleaning and Restoration Cast Stone Cleaning and Restoration Marble Cleaning and Restoration. Masonry Efflourescence Removal

DIVISION 5 - METALS

05120 05310 05400 05500 05511 05521 05700 05710 05720 05721 05811 05910

Structural Steel Steel Deck Cold-Formed Metal Framing Metal Fabrications Metal Stairs Pipe And Tube Railings Ornamental Metal Monumental Stairs and Railings New Cast-Iron Railings to Match Historic Ornamental Railings Architectural Joint Systems Ornamental Metal Cleaning

DIVISION 6 - WOOD AND PLASTICS

06105 06160 06202 06400 06401 06402 06410 06415 06614

Miscellaneous Carpentry Sheathing Interior Finish Carpentry Interior Woodwork Refinishing Exterior Architectural Woodwork Interior Architectural Woodwork Architectural Wood Casework Stone Countertops - Deleted Composite Countertops

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 06642 GFRP (Cornice) DIVISION 7 - THERMAL AND MOISTURE PROTECTION

07123 07131 07140 07162 07210 07271 07315 07620 07811 07841 07920

Cold Fluid-Applied Waterproofing (Concrete Deck & Between Slabs) Self-adhering Sheet Waterproofing Cold Fluid-Applied Waterproofing (Concrete & CMU) Crystalline Waterproofing Building Insulation Self-adhering Sheet Air Barriers Slate Shingles Sheet Metal Flashing and Trim Sprayed Fire-resistive Materials Through-Penetration Firestop Systems Joint Sealants

DIVISION 8 - DOORS AND WINDOWS

08110 08113 08211 08212 08290 08311 08335 08352 08450 08550 08592 08710 08716 08800 08892

Steel Frames Glass Firewall Window and Door System Flush Wood Doors Stile and Rail Wood Doors Wood Door Refinishing Access Doors and Frames Self-Opening Coiling Grilles Accordion Fire Door System All-Glass Entrances Wood Windows Historic Treatment of Wood Windows Door Hardware Automatic Door Operators for Historic Doors Glazing Glazing Repair

DIVISION 9 - FINISHES

09111 09210 09215 09250 09265 09280 09310 09512 09545 09629 09641 09651 09653 09654 09680 09851

Non-load-bearing Steel Framing Plaster Cleaning and Repair Gypsum Veneer Plaster Gypsum Board Gypsum Board Shaft-wall Assemblies Ornamental Plaster Replacement Ceramic Tile Acoustical Tile Ceilings Ceiling Fabric Panels - Deleted Cork Flooring Bamboo Flooring - Deleted Resilient Floor Tile Resilient Wall Base and Accessories Linoleum Floor Coverings & Desk Tops Carpet Sound Absorbing Ceiling Units - Deleted

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 09911 Exterior Painting 09912 Interior Painting 09931 Wood Stains and Transparent Finishes 09991 Encapsulation Coating System DIVISION 10 - SPECIALTIES

10101 10155 10185 10200 10410 10431 10436 10449 10505 10522 10523 10671 10801

Visual Display Surfaces Toilet Compartments Unit Shower Louvers and Vents Directories Exterior Signage Exterior Post and Panel Signs Interior Signage Metal Lockers Fire Extinguisher Cabinets Fire Extinguishers Metal Storage Shelving Toilet and Bath Accessories

DIVISION 11 - EQUIPMENT

11054 11130 11132 11451 11510 11511

Library Stack Systems Audio-Visual Equipment Projection Screens Residential Appliances Library Equipment (Book Trucks & Book Return Carts) Library Book and Media Depository

DIVISION 12 - FURNISHINGS

12355 12356 12484 12560

Institutional Casework Kitchen Casework Floor Mats and Frames Library Furniture and Equipment

DIVISION 13 - SPECIAL CONSTRUCTION

13730 Security Access 13760 Video Surveillance 13850 Fire Detection and Alarm – Deleted and replaced by 16721 DIVISION 14 - CONVEYING SYSTEMS

14240 Hydraulic Elevators DIVISION 15 – MECHANICAL

15050 15055 15075 15100 15125 15135

Basic Mechanical Materials Motors Mechanical Identification Valves Pipe Expansion Joints Meter and Gages

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 15145 Hangers and Supports 15181 Hydronic Piping 15241 Mechanical Vibration Controls 15260 Pipe Insulation 15290 Duct Insulation 15326 Standpipe and Wet Pipe Sprinkler Systems 15411 Water Distribution Piping 15420 Drainage and Vent Piping 15430 Plumbing Specialties 15440 Plumbing Fixtures 15440 Plumbing Pumps 15460 Water Heaters 15496 Natural Gas Piping 15513 Condensing Boilers 15540 HVAC Pumps 15545 Chemical Water Treatment 15575 Breechings, Chimneys And Stacks 15628 Air Cooled Packaged Chiller with Integral Pump Modules 15763 Fan-Coil Units 15785 Air-To-Air Energy Recovery Units 15830 Fans 15835 Unit Heaters 15855 Diffusers, Registers And Grilles 15891 Metal Ductwork 15899 Variable Frequency Drive Units 15900 Direct Digital Control Systems 15910 Duct Accessories 15940 HVAC Instrumentation and Controls – Sequences of Operation 15970 HVAC Controls 15990 Testing, Adjusting And Balancing 15995 Mechanical Systems Commissioning Division 16 – Electrical

16050 16051 16111 16112 16126 16127 16140 16150 16160 16170 16430 16450 16460 16464 16500 16510

Basic Electrical Materials And Methods Electrical System Protective Device Study Conduit Systems Busway Cables, High Voltage (Above 600 Volts) Cables, Low Voltage (600 Volts and Below) Wiring Devices Motors Panelboards Disconnect Switches (Motor and Circuit) Metering Grounding Transformers (General Purpose) Switchgear, Low Voltage (600 Volts and Below) Lighting Fixtures Cutsheets and Schedule Building Lighting, Interior

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 16511 Ornamental Lighting Cleaning and Restoration - Deleted 16520 Site Lighting 16670 Lightning Protection System 16721 Fire Detection and Alarm – Added (replacing 13850) 16740 Communications and Data 16995 Electrical Systems Commissioning

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 PART I SECTION D: PACKAGING AND MARKING D.1

MATERIAL DELIVERY, HANDLING AND STORAGE: A.

The Contractor shall deliver materials and equipment in the original, properly labeled, unbroken packages, containers, cartridges or bundles and in such quantities and such ample time that progress of work will not be delayed.

B.

The Contractor shall protect materials and products against any damage or deterioration during transit to the site, unloading, delivering and storing at site, installation or erection and during period between installation or erection and final acceptance by the District, that shall include, but not limited to: 1.

Minimum exposure to weather during delivery.

2.

Storage off ground in dry, well-ventilated spaces.

3.

Covering, as necessary, for adequate protection from soiling and wetting.

C.

The Contractor’s material and equipment shall not cause damage to the Project or adjacent property and shall not endanger any person at, or in the vicinity of, the Project. Any injury to person or damage to property resulting from the Contractor’s material or equipment shall be the responsibility of the Contractor.

D.

The Contractor shall provide storage methods that will facilitate inspection and testing before and during the use as follows: 1.

Space for storage of materials and equipment will be approved by the District’s Inspector (see Paragraph H.23).

2.

The Contractor shall not occupy more space at the site than is absolutely necessary for proper execution of the work. Only the materials and equipment which are to be used directly in the Work shall be brought to or stored at the Project by the Contractor and the Contractor’s Subcontractors and Material Suppliers. After the material or equipment is no longer required for the Work, the Contractor shall remove such material and equipment from the Project.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 PART I SECTION E: INSPECTION AND ACCEPTANCE E.1

INSPECTIONS AND TESTS: A. INSPECTIONS The inspection and acceptance requirements for the resultant contract will be governed by Article 11 of the Standard Contract Provisions For Use With Specifications for District of Columbia Government Construction Projects, dated 1973, as amended and incorporated herein by reference. A copy of this booklet is available free of charge to the bidders at the Bid Issuance Office located at 901 G Street, N.W. Washington, DC 20001. In addition, the acceptance criteria for different parts of the work, described in other sections of the RFP and Specifications (Section C.3) shall apply. B. TESTS 1.

Unless otherwise specified in the Drawings and Specifications, the Contractor shall apply, secure and pay for any inspection, testing or approval required by the Drawings and Specifications, laws, ordinance, rules, regulations or orders of any public authority having jurisdiction over the Project.

2.

The Contractor shall give the Architect, the Construction Manager and the Owner reasonable notice of the date arranged for such inspection, testing or approval.

3.

The Contractor shall provide an original report of the inspection, testing or approval to the Architect, through the Construction Manager, for approval.

4.

If after the commencement of the Work, the Architect or the Construction Manager determine that any portion of the Work requires special inspection, testing or approval in order to insure proper conformance to the Plans and Specifications, the Architect or the Construction Manager may instruct the Contractor in writing to order such special inspecting, testing or approval, or the Architect or the Construction Manager may make the arrangements for same.

5.

If such special inspection, testing or approval reveals a failure of the Work to comply with the requirements of the Drawings and Specifications, the Contractor shall pay all costs associated with such special inspection, testing or approval.

6.

If such special inspection, testing or approval reveals that the Work is in compliance with the drawings and Specifications, the Contractor will be paid, by appropriate Change Order, for all costs associated with such special inspection, testing or approval.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 7. Neither the observations of the Architect or the Construction Manager in the administration of the contract, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from the Contractor's obligation to perform the Work in conformity with the Plans and Specifications. E.2

E.3

PARTIAL ACCEPTANCE: A.

The Contracting Officer’s Technical Representative (COTR) may, at his/her option, accept part of the work under this contract in writing prior to the COTR’s final acceptance of all the work under the contract, when the COTR considers it beneficial to the District of Columbia.

B.

Partial acceptance shall not preclude liquidated damages for failure to complete the contract within the required time limits established under TIME FOR COMPLETION in Section F.1.

FINAL INSPECTION: The Contractor shall give the COTR written notice at least fourteen (14) days in advance of date on which project will be 100% complete and ready for final inspection. Prior to final inspection date, the Contractor shall verify in writing that in the Contractor’s best judgment no deficiencies exist.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

PART I SECTION F - DELIVERIES OR PERFORMANCE F.1

TIME OF COMPLETION: The Contractor shall complete all the work in strict accordance with the following key milestones: BP 07 – SITE PAVING, UNIT PAVERS AND SITE UTILITIES Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 25 Calendar Days after Notice to Proceed Work Completion 300 Calendar Days after Notice to Proceed Complete Demobilization 310 Calendar Days after Notice to Proceed BP 08 – SITE FURNISHING AND LANDSCAPING Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 20 Calendar Days after Notice to Proceed Work Completion 320 Calendar Days after Notice to Proceed Complete Demobilization 330 Calendar Days after Notice to Proceed BP 09 – MISCELLANEOUS AND ORNAMENTAL METALS Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 20 Calendar Days after Notice to Proceed Work Completion 140 Calendar Days after Notice to Proceed Complete Demobilization 150 Calendar Days after Notice to Proceed BP 10 – THERMAL AND MOISTURE PROTECTION, ROOFING, Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 25 Calendar Days after Notice to Proceed Work Completion 210 Calendar Days after Notice to Proceed Complete Demobilization 220 Calendar Days after Notice to Proceed BP 11 – ELEVATOR SYSTEMS Pre-Construction Submittals Mobilization Work Completion Complete Demobilization

10 Calendar Days after Notice to Proceed 20 Calendar Days after Notice to Proceed 270 Calendar Days after Notice to Proceed 280 Calendar Days after Notice to Proceed

BP 14 – UNIT MASONRY AND STONE WORK PACKAGE Pre-Construction Submittals 20 Calendar Days after Notice to Proceed Mobilization 40 Calendar Days after Notice to Proceed Work Completion 150 Calendar Days after Notice to Proceed Complete Demobilization 160 Calendar Days after Notice to Proceed BP 15 – HISTORIC RESTORATION PACKAGE Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 25 Calendar Days after Notice to Proceed

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Work Completion 150 Calendar Days after Notice to Proceed Complete Demobilization 160 Calendar Days after Notice to Proceed BP 16 – STILE AND RAIL DOORS, MILLWORK AND FINISH CARPENTRY Pre-Construction Submittals 20 Calendar Days after Notice to Proceed Mobilization 140 Calendar Days after Notice to Proceed Work Completion 280 Calendar Days after Notice to Proceed Complete Demobilization 290 Calendar Days after Notice to Proceed BP 17 – DOORS, FRAME, HARDWARE, SPECIALTIES AND ASSOCIATED INSTALLATIONS Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 120 Calendar Days after Notice to Proceed Work Completion 330 Calendar Days after Notice to Proceed Complete Demobilization 340 Calendar Days after Notice to Proceed BP 18 – STOREFRONTS, GLASS AND GLAZING Pre-Construction Submittals 20 Calendar Days after Notice to Proceed Mobilization 70 Calendar Days after Notice to Proceed Work Completion 210 Calendar Days after Notice to Proceed Complete Demobilization 220 Calendar Days after Notice to Proceed BP 19 – FURNITURE, FIXTURES AND EQUIPMENT Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 250 Calendar Days after Notice to Proceed Work Completion 320 Calendar Days after Notice to Proceed Complete Demobilization 330 Calendar Days after Notice to Proceed BP 20 – PLASTER, DRYWALL, FIREPROOFING AND CEILING SYSTEMS Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 60 Calendar Days after Notice to Proceed Work Completion 270 Calendar Days after Notice to Proceed Complete Demobilization 280 Calendar Days after Notice to Proceed BP 21 – TILE, CORK, WOOD, CARPET AND RESILIENT FLOORING PACKAGE Pre-Construction Submittals 10 Calendar Days after Notice to Proceed Mobilization 180 Calendar Days after Notice to Proceed Work Completion 300 Calendar Days after Notice to Proceed Complete Demobilization 310 Calendar Days after Notice to Proceed BP 22 – PAINTING AND WALLCOVERINGS Pre-Construction Submittals 20 Calendar Days after Notice to Proceed Mobilization 200 Calendar Days after Notice to Proceed Work Completion 300 Calendar Days after Notice to Proceed Complete Demobilization 310 Calendar Days after Notice to Proceed

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 F.2 DELIVERABLES: The Contractor shall submit to the District, as a deliverable, the report described in section H.38.3 of this contract that is required by the 51% District Residents New Hires Requirement and First Source Employment Agreement. If the Contractor does not submit the report as part of the deliverables, final payment to the Contractor may not be paid. (Refer to H.38.7). The Contractor shall submit a detailed project schedule in hard copy and .pdf or MS Project format showing completion of the project 25-days from NTP.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 PART I SECTION G - CONTRACT ADMINISTRATION DATA G.1

G.2

INVOICE PAYMENT: A.

The District will make payments to the Contractor, upon the submission of proper invoices, based on the approved Critical Path Method (CPM) schedule as described in Section H.16 of this document, only for the percentage of work or services actually performed or completed during the subject period and accepted by the District, less any discounts, allowances or adjustments provided for in this contract.

B.

The District will pay the Contractor on or before the 30th day after receiving a proper invoice from the Contractor.

INVOICE SUBMITTAL: A.

The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in this contract. Invoices shall be prepared in triplicate and submitted to the Contracting Officer’s Technical Representative (COTR) specified in Section G.2 below.

B.

To constitute a proper invoice, the Contractor shall submit the following information: 1.

Contractor’s name and invoice date (Contractors are encouraged to date invoices as close to the date of mailing or transmittal as possible);

2.

Contract number, section two (2) and encumbrance number, section twenty-four (24) of the Solicitation Cover sheet. Assignment of an invoice number by the Contractor is also recommended;

3.

Description, amount of payment requested, quantity, and the dates of the work performed based on the approved CPM schedule;

4.

Other supporting documentation or information, as required by the Contracting Officer;

5.

Name, title, telephone number and complete mailing address of the responsible official to whom payment is to be sent;

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

G.3

6.

Name, title, phone number of person preparing the invoice;

7.

Name, title, phone number and mailing address of person, if different from the person identified above to be notified in the event of a defective invoice, and

8.

Authorized signature.

FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT: G.3.1 For contracts subject to the 51% District Residents New Hires Requirement and First Source Employment Agreement, final request for payment must be accompanied by the report or a waiver of compliance discussed in H.38.3. G.3.2 The CFO shall not make final payment to the Contractor until the CFO has received the Contracting Officer’s final determination or approval of waiver of the Contractor’s compliance with 51% District Residents New Hires Requirement and First Source Employment Agreement.

G.4

METHOD OF PAYMENT: A.

B.

The District will utilize the progress payment method under this contract, and will make progress payments when all of the following conditions are satisfied: 1.

The portion of the service provided by the Contractor is accepted by the District;

2.

The work on the specific contract activity as identified in the approved CPM Schedule, for which the progress payment is requested, is 100 % complete;

3.

The Contractor submits the invoice as described in G.2 for the progress payment.

The COTR will furnish to the Contractor, the following forms: 1. 2. 3.

Summary of Progress Payment Breakdown Form; Progress Payment Request Form; Schedule of Values Form.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 C.

D.

The Contractor shall prepare and deliver to the COTR for approval: 1.

Original and a copy of completed Summary of Progress Payment Breakdown Form within fourteen (14) days after issuance of written Notice to Proceed and prior to submission of first progress payment request. This detailed estimate of costs shall include a breakdown of costs for all items of work that will be performed under the contract with total amount equal to the lump sum bid price under Section B.4.

2.

Original and a copy of the signed (by the authorized representative of the Contractor) Progress Payment Request Form on or before the twenty-fifth (25th) day of each month during progress of the work. The COTR will direct the Progress payment to be made based on the actual work performed based on the COTR’s approval of the Schedule of Values. This approval will include only those fractions of work which have been completed and duly accepted by COTR. COTR’s acceptance signature on the form is mandatory.

3.

Copy of the Schedule of Values pre-approved by the COTR with invoice.

Materials and equipment payments: 1.

The District will pay for the materials, equipment and associated components delivered to the jobsite or stored on the site, until they are satisfactorily incorporated into the completed work, at 100% of their invoiced value from the manufacturer or supplier as approved by the COTR. The Contractor shall properly store and protect all the materials and equipment and ensure that all materials and equipment are in compliance with the submittals approved by the COTR.

2.

The District will pay the Contractor 75% of the invoiced value for materials, equipment and associated components stored off-site in a bonded warehouse within a twenty-five (25) mile radius of the jobsite. Payment will be subject to the following documentation accompanying the payment request: a.

A certified statement giving the exact location of the materials or equipment, that such material or equipment is properly stored and protected meeting the approval of COTR and is consigned to the District of Columbia Government; that the materials and equipment will not be diverted for use or installation at a different project, and that they are subject to inventory and inspection by the COTR.

b.

A valid invoice or bill of sale indicating the unit quantity, description of the material or equipment and its costs as defined in Section G.4.D.1 and.2.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 c. A certificate of insurance of a bonded warehouse, in the event the materials/equipment is stored off-site. E.

F.

G.5

Before approval of the CPM schedule, the District may make two (2) initial monthly payments under this contract for the work performed during the first sixty (60) days following the Notice To Proceed, following the COTR’s partial acceptance of the work in writing in accordance with section E.2. In the event that the District elects to proceed in this manner, the following shall apply: 1.

The District will not make any additional payments until the final CPM schedule is approved by COTR.

2.

The District will not make progress payments for all other activities until the final CPM schedule is approved and distributed by the COTR.

The COTR shall use the CPM Schedule approved and updated as provided in subsection H.16 as the basis upon which to estimate successive progress payments to be made.

ASSIGNMENTS: A.

In accordance with Article 9, Transfer of Assignment, in the Government of the District of Columbia Standard Contract Provisions, for use with Specifications for District of Columbia Construction Projects 1973, the Contractor may assign funds due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution.

B.

Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party.

C.

Notwithstanding an assignment of money claims pursuant to authority contained in the contract, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows: Pursuant to the instrument of assignment dated ___________, make payment of this invoice to _______________________ (name and address of assignee).

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 G.6

CONTRACTING OFFICER (CO): In accordance with Title 19 DCMR §4301 contracts may be entered into and signed on behalf of the District of Columbia Public Library only by Contracting Officers. The address and telephone number of the Contracting Officer is: Wayne R. Minor, Chief Procurement Officer Office of Procurement District of Columbia Library 901 G Street, N.W., Suite 401 Washington, D.C. 20001 Telephone: (202) 727-4800

G.7

G.8

AUTHORIZED CHANGES BY THE CONTRACTING OFFICER: A.

In accordance with Article 3 of the Standard Contract Provisions For Use With Specifications for District of Columbia Government Construction Projects, dated January 2007, as amended, the Contracting Officer is the only person authorized to approve changes to any of the requirements of this contract.

B.

The Contractor shall not comply with any order, directive or request that changes or modifies the requirements of this contract, unless issued in writing and signed by the Contracting Officer.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR): A. The COTR is responsible for the technical administration of the contract and advising the Contracting Officer as to the Contractor’s compliance or noncompliance with the contract. In addition, the COTR is responsible for the day-to-day monitoring and supervision of the contract, of ensuring that the work conforms to the requirements of this contract and such other responsibilities and authorities as specified in writing by the Contracting Officer. The COTR for this contract is: Chris Wright Project Manager, 21st Century Capital Projects DCPL Office of Facilities Management 901 G Street, N.W. Washington, D.C. 20001 Telephone Number: (202) 727-4913 B.

It is fully understood and agreed by the Contractor that the COTR shall not have any authority to make changes in the specifications/scope of work, price or terms and conditions of the contract.

C.

Contractor shall be held fully responsible for any changes not authorized in advance, in writing, by the Contracting Officer, and may be denied compensation or other relief for any additional work performed that is not authorized by the

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Contracting Officer in writing. In addition, Contractor may also be required at no additional cost to the District, to take all corrective action necessitated by reason of the unauthorized changes. G.9 APPLICATION AND GOVERNING LAW A.

The Contractor, the Associate (Architect), the Construction Manager (Smoot Construction) and DCPL (Owner) shall be familiar with all provisions of the Standard Conditions of Contract for Construction.

B.

There shall be no change in the Standard Conditions unless so provided in the Special Conditions prepared by the Associate or the Construction Manager and approved in writing by DCPL.

C.

The parties to the Contract shall comply with all applicable federal and local codes, statutes, ordinances and regulations in the performance of the Work of the Project.

D.

Other rights and responsibilities of the Contractor, the Associate, the Construction Manager and DCPL are set forth throughout the Plans and Specifications and are included under different titles, articles and paragraphs for convenience:

E.

DCPL may maintain an action in the name of the District for violations of any law relating to the Project or for any injury to persons or property pertaining to the Work, or for any other cause which is necessary in the performance of DCPL’s duties.

F.

Any requirement which obligates the Contractor shall be required for each Subcontractor and Material Supplier of the Contractor.

G.10 THE ARCHITECT – (MARTINEZ AND JOHNSON) A.

PROJECT OVERSIGHT 1. The Architect shall notify, advise and consult with the Construction Manager and shall protect the DCPL against Defective Work throughout the completion of the Project. 2. The Architect shall designate an authorized representative, who shall be approved by DCPL, to attend the Project, as required by Agreement, to observe and check the progress and quality of the Work and to take such action as is necessary or appropriate to achieve conformity with the Plans and Specifications. 3. It shall be the duty of the Architect to have any consultant attend the Project at such intervals required by Agreement or as may be deemed necessary by DCPL to review the Work in order to achieve the results intended by the Plans and Specifications.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 4. The Architect shall have the authority to disapprove or reject any item of Work which is defective, or that the Architect believes will not produce a Project that conforms to the Plans and Specifications, or that will prejudice the integrity of the design concept of the Project as a functioning whole as indicated by the Plans and Specifications. The Architect shall immediately notify DCPL at any time that Work has been disapproved or rejected. 5. The Architect shall not be responsible for construction means, methods, techniques, sequences, procedures, safety precautions and programs in connection with the Work, or for the Contractor's failure to carry out the Work in conformity with the Plans and Specifications. B.

CONTRACT ADMINISTRATION 1. The Architect shall provide administration of the construction contracts for the Project as provided in the Agreement and including the performance of the functions hereinafter described. 2. The Architect shall assist the Construction Manager to prepare an agenda and shall attend any and all progress meetings. 3. The Architect may authorize minor changes or alterations in the Work not involving additional costs and not inconsistent with the overall intent of the Plans and Specifications. 4. The Architect shall review and approve, or recommend approval, of all forms required under the Plans and Specifications. 5. The Construction Manager or the Architect, thru the construction Manager shall render decisions in connection with the Contractor's responsibilities under the Plans and Specifications, and submit recommendations to DCPL for enforcement of the Contract as necessary. 6. The Architect will be the initial interpreter of all requirements of the Plans and Specifications, pursuant to paragraph GC 1.5.2. All decisions of the Architect shall be subject to final determination by DCPL. 7. The Architect shall be authorized to require special inspection, testing or approval of the Work, as provided in paragraph GC 2.9, whenever in the Architect's reasonable opinion such action is necessary or advisable to insure the proper conformance to the Plans and Specifications.

8. Based upon the Construction Manager’s on-site observation and evaluation of the Contractor's Application for Payment, the Construction Manager shall review and certify the amounts due the Contractor. The Construction Manager may recommend to DCPL that payments be withheld from, or Liquidated Damages be assessed against, a Contractor's applications for payment, stating the reasons for such recommendation. The Construction Manager’s certification for payment

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 shall constitute a representation that the Work has progressed to the point indicated and that, to the best of the Construction Manager’s knowledge, information and belief, the Work is in conformity with the Plans and Specifications and the Contractor is entitled to payment in the amount certified. 9. The Architect shall review and approve or take other appropriate action upon the Contractor's submittals, within the required time, for the purpose of checking for conformity with the Plans and Specifications. 10. The Construction Manager shall prepare all Bulletins and Change Orders, including a cost estimate and supportive documentation and data, and shall verify with the Owner that funds are available for any change to the Work. 11. The Construction Manager, with the assistance of the Architect, shall conduct inspections to determine the date of Contract Completion and shall receive, review and forward to the appropriate entity all Project record submittals required by the Plans and Specifications. 12. The Construction Manager shall render written decisions, within the time specified, on all claims, disputes or other matters in question between the Contractor and the District and shall provide information or services to DCPL until final disposition of all claims. G.11 CONSTRUCTION PHASE COORDINATION A. RESPONSIBILITY OF CONTRACTORS 1. The Contractor shall afford other Contractors and such Contractor's Subcontractors and Material Suppliers reasonable opportunity for the introduction and storage of materials and execution of Work and shall properly connect and coordinate the Contractor's Work with the Work of other Contractors on the Project. The Contractor shall complete portions of the Work in such order and time as provided in the Construction Schedule. 2. The Contractor shall perform the Work so as not to interfere, disturb, hinder or delay the Work of other Contractors. The sole remedy which may be provided by DCPL for any injury, damage or expense resulting from interference, hindrance, disruption or delay caused by or between Contractors or their agents and employees shall be an extension of time in which to complete the Work. 3. Should the Contractor, or the Contractor's Subcontractors or Material Suppliers, cause damage or injury to the property or Work of any other Contractor, or by failure to perform the Work with due diligence, delay, interfere, hinder or disrupt any Contractor who suffers additional expense or damage thereby, the responsible Contractor shall be responsible for such damage, injury or expense.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 4. The intent of paragraph G.11.A.3 is to benefit the other Contractors on the Project and to demonstrate that each other Contractor who performs Work on the Project is third party beneficiary of the Contract. 5. Claims, disputes or actions between Contractors concerning such damage, injury or expense shall not delay completion of the Work which shall be continued by the parties to any such dispute, action or claim. 6. If any part of the Contractor's Work is preceded by the Work of another Contractor, the Contractor shall Inspect such other Contractor's Work before commencing any Work, and report in writing to the Architect, through the Construction Manager, any defects which render the other Contractor's preceding Work unsuitable as related to the Contractor's Work. 7. Failure of the Contractor to make such inspection and report in writing, as required by paragraph G11.A.6, shall constitute an acceptance of the other Contractor's Work as fit and proper for the reception of the Contractor's Work, except as to latent defects which such inspection fails to disclose. 8. The Contractor shall supervise the Work in conformity with the coordination of the Construction Manager and shall take orders and directions from the Construction Manager and the Architect, to the extent appropriate. 9. The Contractor shall give reasonable notice to the Architect, through the Construction Manager, when the Architect's presence is required for special consultations, inspections or decisions. 10. If the Contractor fails to perform the Contract according to the requirements of the Plans and Specifications, such failure to perform may be just cause for DCPL to find the Contractor is not responsible for consideration of future contract award. Other factors in determining whether a Bidder is responsible for future contract award include the experience of the Bidder, the financial condition of the Bidder, the facilities of the Bidder, the management skills of the Bidder and the ability of the Bidder to execute the contract properly. 11. The Contractor shall cooperate with the Architect and the Construction Manager so as not to interfere, disturb, hinder or delay the Work of the other Contractors or the responsibilities of the Architect and the Construction Manager. B. RESPONSIBILITY AND AUTHORITY OF THE CONSTRUCTION MANAGER – (SMOOT CONSTRUCTION) 1. The Construction Manager shall consult with the Owner's representative to obtain full knowledge of all rules, regulations or requirements affecting the Project. The Construction Manager shall establish the regular working hours, subject to approval by DCPL.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 2. The Construction Manager shall schedule the Project and coordinate the Work of all Contractors with each other and with the activities and responsibilities of the Owner, the Architect and DCPL to complete the Project in accordance with the Plans and Specifications. 3. The Construction Manager may direct the Work of the Contractors to seek adherence to the Construction Schedule. 4. In the event the Contractor fails to prosecute the Work in accordance with the Construction Schedule, the provisions of paragraph H.2.B may be invoked. 5. Coordination of the Work of the Contractors by the Construction Manager shall not relieve the Contractor from the Contractor's duty to supervise and direct the Contractor's Work in accordance with the Plans and Specifications. 6. The Construction Manager shall develop the Construction Schedule for the Project in accordance with paragraph H.16 and shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Construction Schedule. 7. The Construction Schedule shall not exceed the time limit specified in the Notice to Proceed, shall provide for reasonable, efficient and economical execution of the Work and shall be related to the entire Project to the extent required by the Plans and Specifications. 8. The Construction Schedule shall be used to plan, organize and execute the Work, record and report actual performance and progress and show how the Construction Manager plans to coordinate all remaining Work by Contract Completion. 9. The Construction Manager shall monitor the progress of the Work for conformance with the Construction Schedule and shall initiate revisions of the Construction Schedule as required by the Plans and Specifications. 10. The Construction Manager shall have the authority to disapprove or reject any item of Work which is Defective, or that the Construction Manager believes will not produce a Project that conforms to the Plans and Specifications. The Construction Manager shall immediately notify DCPL at any time that Work has been disapproved or rejected.

11. The Construction Manager shall render decisions in connection with the Contractor's responsibilities under the Plans and Specifications, and submit recommendations to DCPL for enforcement of the Contract as necessary. 12. The Construction Manager shall have the authority to approve the Contractor's Application for Payment and may recommend to DCPL that payments be withheld from, or Liquidated Damages be assessed against, a Contractor's Application for Payment, stating the reasons for such recommendation.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 13. The Construction Manager shall attend and conduct any and all progress meetings. The Construction Manager shall prepare an agenda and a written report of each progress meeting and distribute the report to DCPL, the Architect and the Contractors. The Construction Manager shall not delegate the duty to prepare the agenda and written reports of any progress meeting. 14. In the event of default by any Contractor, the Construction Manager shall cooperate with the Architect, DCPL and the defaulting Contractor's Surety to Contract Completion. 15. The Construction Manager shall keep a daily log containing a record of weather, number of workers on site for each Contractor, identification of equipment, Work accomplished, problems encountered and other similar relevant data. 16. The Construction Manager shall render written decisions, within the time specified, on all claims, disputes or other matters in question between the Contractor and the District and shall provide information or services to DCPL until final disposition of all claims. 17. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences, procedures, safety precautions and programs in connection with the Work. The services provided by the Construction Manager, the existence of schedules or services prepared or performed by the Construction Manager shall in no way relieve the Contractor of responsibility for complying with all the requirements of the Plans and Specifications. G.12 CONSTRUCTION PROCEDURES A. The Contractor shall be responsible for and have control over all construction means, methods, techniques, sequences and procedures for all portions of the Contractor's Work and shall be responsible for any injury or damage which may result from improper construction, installation, maintenance or operation to the fullest extent permitted by law. B. Unless otherwise specified in the Drawings and Specifications, the Contractor shall be responsible for properly and accurately laying out all lines, levels, elevations and measurements for all the Work as required by the Plans and Specifications. C. The Contractor shall be responsible for all cutting, fitting or patching required for the Contractor's Work and shall not endanger the Project by excessive demolition, excavation or other alteration of the Project, or any part of it beyond that required by the identified scope. D. The Contractor requiring sleeves shall furnish and coordinate the Contractor's installation of the sleeves. The Contractor shall be responsible for the exact location and size of all holes and openings required to be formed or built for the

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Work, and to permit coordination with any Work performed by others on the Project. E. The Construction Manager shall allow sufficient time for installation of any Work by others before covering or closing the applicable portion of the Project. F. Patching shall match and blend with the existing or adjacent surface. Any patching required because of faulty or ill-timed Work shall be done by and at the expense of the Contractor. G. The Contractor shall not cut away any timber or dig under any foundation or into any wall, or other part of the Project, without the written approval of the Construction Manager and the Architect. H. Unless otherwise specified in the Drawings and Specifications, the Contractor, prior to starting excavation or trenching, shall notify any public authority having jurisdiction over the Project and secure any required approval. I. The Contractor shall backfill any excavation with the material specified and approved by the Architect. J. The Contractor shall install all Work in accordance with the Drawings and Specifications and any installation recommendations of the manufacturer, including required dryness for installation of the various materials. G.13 CONSTRUCTION SUPERVISION A. The Contractor shall provide continuous supervision at the Project by a competent superintendent when any Work is being performed, unless waived by DCPL. B. The Contractor's superintendent shall have responsibility and authority to act on behalf of the Contractor. All communications to the Contractor's superintendent shall be as binding as if given directly to the Contractor. C. The Contractor shall submit an outline of the qualifications and experience of the Contractor's proposed superintendent, including references, to DCPL, through the Construction Manager, within ten (10) days of the Notice to Proceed. D. DCPL reserves the right to reject the Contractor's proposed superintendent. Failure of the Construction Manager to notify the Contractor of such rejection within 30 days of receipt of the required information shall constitute notice that DCPL has no objection. E. If DCPL rejects the Contractor's superintendent, the Contractor shall replace the superintendent at no additional cost. F. The Contractor shall not change the Contractor's superintendent without written approval of DCPL.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 G. If the Contractor proposes to change the Contractor's superintendent, the Contractor shall submit to DCPL, through the Construction Manager, a written justification for the change, along with the name and qualifications of the individual whom the Contractor proposes to be the new superintendent. H. The procedure provided in paragraph G.13.C shall be conducted to evaluate the Contractor's proposed new superintendent. G.14 PROGRESS MEETINGS A. The Construction Manager and the Architect shall schedule a weekly progress meeting for all Contractors and other parties involved in the Project. The purpose of the progress meeting is to review progress in the Work during the previous week, discuss anticipated progress during the following weeks, and review critical operations and existing and potential problems. B. The Contractor, the Construction Manager and the Architect shall be represented at every progress meeting by a person authorized with signature authority to make decisions regarding possible modification of the Plans and Specifications. C. The Construction Manager shall notify the Contractor of the time and place of the progress meeting which shall thereafter be the same day and hour of the week for the duration of the Project, unless the Construction Manager shall notify the Contractor of a different day and hour at least two (2) days in advance. D. The Contractor shall have any of the Contractor's Subcontractors and Material Suppliers attend the progress meeting as deemed advisable by the Contractor or as requested by the Construction Manager or the Architect. E. The Construction Manager shall prepare a written report of each progress meeting and distribute such report to the Architect, DCPL and the Contractor. The Construction Manager shall not delegate the duty to prepare a written report of each progress meeting. F. If any person in attendance objects to anything in a report of a progress meeting, the person shall notify the Department in writing explaining the objection and shall provide a copy of the notice to other persons as required. G. The report of each progress meeting shall reflect any objection made to the report of the previous progress meeting and any response. G.15 COORDINATION MEETINGS A. Unless otherwise specified in the Drawings and Specifications, the Construction Manager shall schedule a weekly coordination meeting for all Contractors and appropriate Subcontractors and Material Suppliers. B. The purpose of the coordination meeting is to establish the exact location of each piece of equipment, pipe, duct, conduit, or other component of the Project; to

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 discuss the sequence of construction consistent with the Construction Schedule, and to appropriately share available construction and storage space. C. Unless otherwise specified in the Drawings and Specifications, the Construction Manager shall prepare a written report of each coordination meeting and distribute the report to the Architect and the Contractors. The Construction Manager shall not delegate the duty to prepare a written report of each coordination meeting. D. Unless otherwise specified in the Drawings and Specifications, the HVAC Contractor shall prepare one-fourth inch equals one foot scale drawings of all sheet metal work with drawings and elevation dimensions to specifically locate all duct work, equipment and HVAC pipe work, either on the same or separate drawings. E. The HVAC Contractor will provide the drawings to the other Contractors for use in preparing drawings of the Contractor's Work, to specifically locate equipment, piping, conduit and other Work. F. The Contractor shall resubmit the drawings to the HVAC Contractor showing the location of the Contractor's equipment, piping, conduit, and other Work for reparation of detailed coordination drawings by the HVAC Contractor. G. The Contractor shall be represented at every coordination meeting by a person authorized with signature authority to make decisions regarding possible modification of the Drawings and Specifications. The Contractor shall have any of the Contractor's Subcontractors and Material Suppliers attend the coordination meeting as deemed advisable by the Contractor or as requested by the Construction Manager.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 PART I SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1

LIQUIDATED DAMAGES: A.

H.2

Not Applicable.

DISTRICT AND DCPL RIGHTS AND RESPONSIBILITIES: A. DISTRICT OF COLUMBIA PUBLIC LIBRARY (DCPL) 1. DCPL serves as the authorized contracting agent for public library improvement Projects for the District of Columbia (District) 2. Construction Manager shall act on behalf of DCPL and shall competitively bid, execute and administer construction contracts for the District, in compliance with applicable federal and local statutes, ordinances, codes and regulations. 3. DCPL will designate a Project Manager for the Project to consult with the Architect and the Construction Manager, who shall be authorized to act on behalf of DCPL to perform specific responsibilities of the District under the Contract. 4. Information and services required of DCPL shall be furnished in good faith and in a timely manner to avoid delay in the progress of the Project. 5. DCPL shall provide to the Contractor all necessary passes for Contractor’s employees required to enter into the facility. 6. DCPL officers, agents, employees and consultants shall at all times have access to the Work whenever the Project is in preparation or progress 7. DCPL may send directions to the Contractor through the Architect or the Construction Manager. 8. The foregoing are in addition to other rights and responsibilities of DCPL enumerated herein and especially those in respect to DCPL’s right to prosecute the Work, approve payments and accept the Project. 9. Upon the issuance of the Notice to Proceed or at a reasonable time thereafter, DCPL shall provide the Contractor the Project site in such condition to permit the Contractor to perform the Work.

B. DCPL’s RIGHT TO PROSECUTE WORK AND BACKCHARGE CONTRACTOR

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. If the Contractor fails or neglects to prosecute the Work with the necessary diligence so as to complete the Work within the time specified in the Drawings and Specifications or any portion of the Work by the applicable milestone date as set forth in the Construction Schedule, the Construction Manager shall notify the Contractor in writing of such failure or neglect. 2. If the Contractor fails or refuses to cure such failure or neglect within three (3) working days after receipt of the written notice, the Construction Manager shall recommend enforcement of the Contract to DCPL pursuant to paragraph GC 4.2.6. without prejudice to any other remedy DCPL may have, DCPL may employ upon the Work the additional force, or supply the materials or such part of either as is appropriate, to correct the deficiency in the Contractor's Work. 3. In such case, a Change Order shall be issued deducting from payments then or thereafter due the Contractor the costs of correcting such deficiency. 4. If the payments then or thereafter due the Contractor are not sufficient to cover such costs, the Contractor and the Contractor's Surety shall pay the amount of the insufficiency to DCPL. 5. The decision of DCPL to back-charge the Contractor shall be final. C. DCPL’S RIGHT TO PARTIAL OCCUPANCY 1. If the Owner finds it necessary to occupy or use a portion of the Project prior to Contract Completion, such occupancy or use may be accomplished if the Construction Manager informs DCPL that the area in question has been approved for temporary occupancy by the regulatory authorities. 2. If such Partial Occupancy or use is approved by DCPL, the Architect, through the Construction Manager, may process either a Change Order or a Contract Completion certificate listing the deficient Work under the Contract for approval by DCPL, provided that no such occupancy or use shall commence before any insurers providing property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. 3. From the date of execution of the Change Order or Contract Completion certificate by DCPL, the Contractor shall be relieved of obligation to maintain the accepted portion of the Work, but shall remain obligated to correct any Punch List items then uncorrected. The Contractor shall continue to carry the appropriate insurance during performance of any Punch List Work.

4. Partial Occupancy or use of the premises by the Owner shall not constitute acceptance of any Work not in conformity with the Plans and Specifications. Partial occupancy shall not relieve the Contractor of liability for any express or implied warranties or responsibility for Defective Work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 H.3

PERMITS, LICENSES AND CERTIFICATES: A.

B.

C.

The District will be responsible for obtaining the building permit issued by the Department of Consumer and Regulatory Affairs (DCRA), Building and Land Regulation Administration, located at 941 North Capitol Street, N.E., Washington, D.C. The Contractor shall apply for and obtain all other permits required for this project including Raze Permit, certificates and licenses from the Office of Licenses and Permits, Permit Processing Division, Department of Consumer and Regulatory Affairs. 1.

The Contractor shall apply and pay for all required permits well in advance of the time that they are needed.

2.

If the Contractor experiences any difficulty in obtaining a permit, the Contractor shall request assistance immediately from the COTR.

3.

The Contractor shall schedule the intermediate and final inspections required for any permit certification. The Contractor shall give the Architect, the Construction Manager and the Owner reasonable notice of the date arranged for any inspection.

It is the responsibility of the Contractor to ascertain, obtain, maintain and pay for the required permits, licenses, fees, tap fees and certificates required by local authorities for this project. Permits, Licenses and Certificates may include, but are not limited to: Permits and Certificates

Licenses

1. Plumbing 2. Electrical 3. Refrigeration 4. Elevator 5. Boiler and Pressure Tank 6. Public Space - To work in, excavate in or occupy 7. Signs and Temporary Fences 8. Work on Sunday and after 6:00 p.m. weekdays. 9. Razing

1. Master Plumbers 2. Electrical 3. Refrigeration 4. Boiler 5. Pressure Tank 6. Elevator

The District will not allow work requiring permits and licenses to proceed until the Contractor produces evidence showing that such permits and licenses have been procured from the DCRA. Permits will be issued only to persons duly licensed for work in the District of Columbia, except as follows:

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. Where electrical, plumbing and refrigeration Contractors and their craft persons perform work under contract with the District of Columbia and the work is physically located in areas outside the District of Columbia, it shall be sufficient if any such Contractor and the Contractor’s craft persons are licensed either by the District of Columbia or by any governmental agency having jurisdiction over the area adjoining the site on which the work is performed. D.

H.4

The Contractor shall prominently display all permits within the confines of the construction site.

TEMPORARY FACILITIES, UTILITY CONNECTIONS AND SERVICES: The Contractor is responsible for locating all existing utilities and performing the required modifications to all utilities for the completion of construction. All utility costs, costs to modify and connection fees shall be incorporated into the fixed price bid. A.

TEMPORARY FACILITIES AND UTILITIES – BY OTHERS

B.

TEMPORARY WATER: For construction purposes, temporary connection to the existing water mains is permitted, at the Contractor’s expense, contingent upon the Contractor performing the following:

C.

1.

That no connections to water mains be made without first acquiring approval from the District of Columbia Water and Sewer Authority (WASA).

2.

That the Contractor shall furnish all necessary temporary lines, fittings, valves, and make all temporary connections to bring the water to the job site.

3.

That all pipe, fittings, and hose used shall be leak proof and that hook-ups and connections be made in a manner comparable to new work to prevent unnecessary waste of water.

4.

That all branches from temporary main feed be equipped with tight cutoff valves.

5.

That upon completion of the work, temporary lines, fittings, valves and other accessories are removed; disconnections made and services restored to an approved condition.

PERMANENT CONNECTIONS TO MAINS: The Contractor shall make and pay for all the required permanent connections for water, sewer, gas, electrical, telephone and fire alarm systems at its own expense. The Contractor shall pay fees and associated costs and make all arrangements

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 with utility companies and appropriate agencies as may be required for proper and expeditious completion of the project. H.5

SHOP DRAWINGS AND CATALOGUE CUTS: A.

Within fifteen (15) calendar days from the date of the Notice to Proceed, the Contractor shall prepare a complete list of all samples, catalogue cuts and shop drawings required to be submitted as follows: 1. The Contractor shall submit the list to the COTR or his designee, the Construction Manager, in quadruplicate for approval. The COTR will return one (1) copy of the approved list to the Contractor. 2. The District will not make progress payments until the required list has been submitted by the Contractor. The District will not make payments for any materials installed by the Contractor without approval by the COTR where submittal of the same is required.

B.

The Contractor shall not install or use materials in the work until the COTR has given written approval of required samples, shop drawings or catalogue cuts, to be submitted as stated above. 1.

C.

Normally, 14 calendar days will be required for checking submitted materials. However, more time will be required for more complex submittals. The Contractor is advised that submittals that are kept simple (i.e. related to one section of the specifications or to one system) will be processed more expeditiously than more complex submittals. Approval of materials, shop drawings, catalogue cuts shall be only for the characteristics or uses named in the submission and shall not be construed as: a.

Permitting any departure from contract requirements except as specifically stated in the approval.

b.

Relieving the Contractor of the responsibility of complying with the contract requirements because of errors which may exist.

c.

Constituting a complete check, but will indicate only that the general method of construction and detailing is satisfactory and the Contractor shall be responsible for the dimensions and design of adequate connections, details and satisfactory construction of all work.

The Contractor shall submit all the shop drawings, samples and catalogue cuts in accordance with the following requirements: 1.

Letter of transmittal, for each transmittal, submitted in triplicate and containing the following information:

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 a. Project name and contract number;

D.

b.

Work for which material is intended;

c.

Identification of material in accordance with Federal Specification or A.S.T.M. number, manufacture, model, type, class, brand name, specifications reference, and local distributor;

d.

General Contractor’s stamp of approval as evidence that drawings, samples, and catalogue cuts included in the submittal have been checked for conformity with contract requirements including dimensions, quality, grade, type, quantity coordination with other work and that the Contractor assumes all responsibility for errors or discrepancies.

SHOP DRAWINGS: The Contractor shall submit shop drawings as described below: 1.

Submit six (6) sets of each drawing.

2.

Identified as to project name and number, Contractor, fabricator, manufacturer, model, type, class, brand name, specifications reference, local distributor, and date drawn to which drawing applies.

3.

Drawings shall be complete in every respect and assembled into sets. a.

Each submission shall show complete system to which it applies and shall include catalog cuts, samples and other applicable data pertinent to the system.

b.

The COTR will review and approve the shop drawing submittals, and if approved, will return three (3) sets of the same to the Contractor.

c.

When corrections to shop drawing prints are necessary, two (2) prints of each shop drawing will be returned to the Contractor for corrections and resubmission in six sets.

4.

The Contractor shall submit one (1) reproducible print of each approved shop drawing after final approval of submitted shop drawings has been made.

5.

If drawings show variations from contract requirements because of standard shop practices or for any other reasons, the Contractor shall make specific mention of such variation and the cause therefore, in the letter of transmittal.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 a. If the variations in the drawings are acceptable to the COTR, he/she may initiate any changes to the contract under Article 3, Changes, of the Standard Contract Provisions which will be subject to the Contracting Officer’s approval. b.

E.

If drawings submitted indicate a departure from the contract requirements which the Contracting Officer finds to be in the best interest of the District of Columbia and to be so minor as not to involve a change in contract price or time for completion, he may approve the drawings.

COMPOSITE SHOP DRAWINGS: In addition to shop drawings specified in the various sections of the specifications, the Contractor shall submit composite shop drawing details of constricted spaces, pipe and duct spaces, mechanical, equipment rooms and ceiling spaces where pipes, ducts, conduit, crossover and where items such as light fixture housing project into the space, to ensure that equipment approved for use or proposed for use fits into the space provided.

F.

1.

In the event of a conflict, the Contractor may offer his suggestions for solution of the problem on the shop drawing submittal or by letter submitted therewith;

2.

Submittal of composite shop drawings shall be provided in 15 days after Notice to Proceed to prevent a delay in construction.

The Contractor shall submit, with a letter of transmittal, samples, catalogue cuts, test reports, and certifications, as required. The Contractor shall not submit any samples and catalogues with bids. The Contractor must refer to the specification sections for samples, catalogue cuts, test reports and certifications required under the contract. 1.

The Contractor shall submit the required samples prepaid in duplicate, unless otherwise specified in the applicable specification section.

2.

The Contractor shall submit the required catalogue cuts in six sets.

3.

The Contractor shall submit each item and label it with the following information: a. b. c. d. e. f.

Project name and contract number; Work for which material is intended; Contractor, manufacturer and fabricator; Applicable Federal Specification, A.S.T.M. specification or other standard; Contract specification reference; and Manufacturer's brand name, class or grade and type.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 NOTE: The COTR shall hold for thirty (30) days and then destroy samples submitted without the above labels. 4.

The Contractor shall submit samples of materials that are required to match work in place and shall also submit representative samples of present materials which they are to match. The Contractor may take a sample of present materials from the work in place, but if this is not possible, the Contractor will take a sample to the site of the work for inspection and verification.

5.

The COTR will approve a sample submitted only for the characteristics or for the uses named in such approval and no other purpose. a. No approval of a sample shall be taken in itself to change or modify any contract requirement unless specifically stated in the approval. b. The Contractor shall send the approved samples not destroyed in testing back to the COTR. c. The Contractor shall mark for identification and use in the work the approved samples of hardware, miscellaneous accessories and signs in good condition. d. The COTR may retain for thirty (30) days any samples not destroyed in testing and that are not approved, and then dispose of them or return them to the Contractor at his expense if requested within thirty (30) days from the date of rejection.

6.

The COTR will request the Contractor to deliver test samples as specified in the various specification sections and other test samples deemed necessary, or the COTR will take the same from various material or equipment delivered by the Contractor for use in the work. The COTR has the right to request any additional tests from an accredited testing facility on any materials delivered to the site of the work, at the District’s expense.

7.

If any of these test samples fail to meet the specification requirements, any previous approvals will be withdrawn and such materials or equipment shall be subject to removal and replacement by the Contractor with materials or equipment meeting the specification requirements at no additional cost to the District.

8.

The District may refuse to consider under this contract any further samples of the same brand or make of material that fails to pass specified tests.

9.

The COTR reserves the right to disapprove any material, which is presently, or which previously has been, unsatisfactory in service.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 10. The Contractor shall submit material lists, schedules and diagrams for material, equipment, fixtures, fittings, hardware required under specification sections in six sets and labeled as set forth for catalogue cuts. 11.

H.6

PROPRIETARY RESTRICTIONS: A.

H.7

The Contractor shall identify individual items included in brochures and catalogs that are submitted for approval in the transmittal letter and in its submittal material.

Proprietary names or brands are mentioned for descriptive, not restrictive, purposes and are intended to establish minimum standards of quality for materials, fabrication and finishes. 1.

Such references shall not be construed as limiting competition or controlling selection of manufacturers, and the Contractor in such cases may submit for approval any item or type of construction which, in the judgment of the Contracting Officer, expressed in writing, is equal to that specified.

2.

The COTR will judge the submissions on the basis of durability, strength, appearance, serviceability of parts, output, coordination with related work and the ability to fulfill the requirements of the specified item.

DEBRIS AND CLEANING: A.

During the progress of the Work, the Contractor shall be responsible for the removal of all waste materials and rubbish attributable to the Work to an appropriate disposal site designated by the Construction Manager. The Contractor shall perform daily broom cleaning in the area of the Contractor's Work.

B.

The Contractor shall, at the end of each working day or as directed by the Construction Manager, remove all waste materials and rubbish from the Project.

C.

Upon completion of the work, the Contractor shall remove all equipment, salvaged materials provided for the work (except any materials that are to remain the property of the Government of the District of Columbia as provided in the specifications) and leave the premises in a neat and clean condition satisfactory to the COTR at the site.

D.

The Contractor shall, as required for the Project or as directed by the Construction Manager, remove any waste materials or rubbish from areas adjacent to the Project.

E.

If the Contractor fails to clean up during the progress of the Work, the provision of paragraph H.2.B shall be invoked.

F.

If the Contractor fails to maintain the areas adjacent to the Project clean and free of waste materials and rubbish, upon written notification by the Construction

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Manager, DCPL shall direct the local jurisdiction having responsibility for the area to clean the area. G.

The cost of cleaning the area adjacent to the Project shall be deducted from the responsible Contractor as the Construction Manager recommend and the Department determines to be just.

H.

The decision of DCPL shall be final.

I.

FINAL CLEANING 1.

At the completion of the Work, the Contractor shall restore all property not designated for alteration by the Plans and Specifications to as near its original condition as practicable and clean the site of all waste materials and rubbish attributable to the Work, including without limitation:

2.

Clean transparent materials, including mirrors and glass in doors and windows, leaving both sides of the glass in a polished condition;

3.

Replace chipped, scratched or broken glass or other damaged transparent materials;

4.

Remove excess glazing or caulking compound, and other substances that are noticeable vision-obscuring materials;

5.

Remove labels that are not permanent, remove marks, stains and soiled spots from finished surfaces;

6.

Remove dust, dirt, marks, stains, paint droppings and other blemishes and leave in polished condition all equipment and material with exposed finished surfaces, including, without limitation, ceilings, walls, doors, counter tops, piping, ductwork, air inlet and outlet devices, hangers and supports, unit ventilators, aluminum or stainless steel trim and finish hardware;

7.

Clean exposed exterior and interior hard-surfaced finishes to a dust-free condition, free of stains, films and similar foreign substances;

8.

Vacuum carpeted surfaces, damp mop all hard floors, sweep paved areas broom clean, rake grounds that are neither paved nor planted to a smooth even-textured surface, and broom clean and damp mop concrete floors;

9.

Clean washable air filters or replace all air filters at the Project;

10.

Remove all waste materials and rubbish from any roof surface and clean any roof drains;

11.

Remove any temporary controls required pursuant to the storm water pollution prevention plan and permit.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

H.8

12.

At the completion of the Project, the electrical Contractor shall clean all light fixtures, which includes, without limitation, removing bugs, debris, stains, rust and dirt, and replacing any burned out or substantially diminished light bulbs.

13.

Unless otherwise specified in the Plans and Specifications, the Contractor shall strip, apply one (1) seal coat, two (2) finish coats of wax and shall polish all resilient flooring, except waxless floors.

14.

Should any Work be performed after a final cleaning by the Contractor, the Contractor responsible for such Work shall clean any affected area again as provided above so that upon Contract Completion, the premises shall be left ready for occupancy by the Owner.

15.

Final cleaning shall be done to the reasonable satisfaction of the Architect, the Construction Manager and the Owner.

16.

If the Contractor fails to clean up at completion of the Work, the provision of paragraph GC 5.3 shall be invoked.

17.

If a dispute arises among Contractors as to responsibility for final cleaning, the Construction Manager or the Architect may authorize another Contractor, or engage a qualified cleaning company, to perform the clean up, and deduct the cost from amounts due to those Contractors responsible as the Construction Manager or the Architect recommend and DCPL determines to be appropriate. The decision of DCPL on the responsibility for such cost shall be final.

MATERIALS AND WORKMANSHIP: A.

Unless otherwise specified, all materials and equipments incorporated in the work under the contract shall be new. All workmanship shall be first class and by persons qualified in the respective areas.

B.

In the absence of specific requirements for installation of a material or product, the Contractor will be held responsible for installation of said material or product in strict accordance with the manufacturer's printed instructions and recommendations.

C.

UNCOVERING THE WORK 1. If any Work is covered contrary to the requirements of the Plans and Specifications or to the written request of the Architect or the Construction Manager, such Work must, if required by the Architect or the Construction Manager in writing, be uncovered for observation and replaced, if not in conformity with the Plans and Specifications, and recovered at the Contractor's expense.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 2. If any Work has been covered in accordance with the Plans and Specifications and is Work which the Architect or the Construction Manager had not requested the opportunity to observe prior to covering, the Architect or the Construction Manager may request that such Work be uncovered by the Contractor. 3. If such Work is found not to be in conformity with the Plans and Specifications, the Contractor shall pay all costs of uncovering, replacing and recovering the Work, unless it is found by DCPL that such condition was caused by another Contractor. 4. If such Work is found to be in conformity with the Plans and Specifications, the cost of uncovering and replacing and recovering the Work shall, by appropriate Change Order, be paid to the Contractor. D.

CORRECTION OF THE WORK 1. The Architect, through the Construction Manager, shall notify the Contractor in writing if any Work is found by the Architect to be Defective, whether observed before or after Contract Completion. The Architect or the Construction Manager shall specify in the written notice the time within which the Contractor shall correct the Defective Work. 2. The Contractor shall bear all costs of correcting such Defective Work, including the cost of any consequential damages. 3. If the Contractor fails to correct any Defective Work within the time fixed in the written notice, DCPL may correct such Work and seek recovery of all costs, including any consequential damages, from the Contractor or the Contractor's Surety.

E.

F.

SUBSTITUTIONS 1.

Substitutes for Standards or Approved Equals shall not be considered after the bid opening unless the Contractor can conclusively demonstrate to the Architect one of the following conditions:

2.

Unavailability of all Standards or Approved Equals through no fault of the Contractor or the Contractor's Subcontractors and Material Suppliers;

3.

All Standards or Approved Equals are no longer produced;

4.

All Standards or Approved Equals will not perform as designed.

LABOR 1.

The Contractor shall maintain a sufficient workforce and enforce good discipline and order among the Contractor's employees the employees of the Contractor's Subcontractors and Material Suppliers. The Contractor

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

H.9

2.

The Contractor shall dismiss from the Project any person employed by the Contractor or the Contractor's Subcontractors and Material Suppliers who is found by DCPL, pursuant to a recommendation from the Construction Manager or the Architect, to be incompetent, guilty of misconduct, or detrimental to the construction of the Project.

3.

The Contractor shall employ all legal efforts to minimize the likelihood or effect of any strike, work stoppage or other labor disturbance. Informational pickets shall not justify any work stoppage.

STANDARDS: A.

Any material specified by reference to the number, symbol or title of a specific standard such as a Commercial Standard, a Federal Specification, ASTM certification or other similar standard, shall comply with the requirements in the latest revision hereof.

B.

The District will not furnish any copies of the applicable Federal Specifications, Commercial Standards and other standard specifications to the bidders. However, the Contracting Officer will furnish upon request, information as to how copies of the standards referred to may be obtained, and it will be responsibility of the requestor to obtain the necessary documents from respective sources.

C.

Where a standard is referred to in the various sections of these specifications, it shall include the installation requirements specified therein unless specifically modified in the contract specifications.

H.10 EQUIPMENT COORDINATION: It shall be the responsibility of the Contractor to ascertain that the make and model of all shop or factory fabricated equipment furnished not only meets all requirements of the contract document, but it shall be of the proper physical size and dimension to fit the space or area, ductwork, conduit, panel boxes, disconnect switches and related accessory equipment. Where the physical size of any equipment is dependent upon other equipment, coordination shall be done by the Contractor to assure that they are compatible and will fit within the limitations of the space where they are to be located, including coordinating of utility connections and coordination of space for servicing the equipment, changing filters, cleaning tubes and similar operations. H.11 STOPPAGE OF WORK AND CONTRACT TERMINATION: If the Contractor fails to abide by any, or all, of the provisions of the contract, the Contracting Officer reserves the right to stop all the work, or any portion thereof, affected by the Contractor’s failure to comply with the contract requirements. This stoppage will

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 remain in effect until the Contractor has taken action to meet the contract requirements, or any separable part thereof. After written notification and work stoppage, the District may terminate the right of the Contractor to proceed as allowed in the following provisions. SUSPENSION OF THE WORK 1.

If, in the judgment of DCPL, the Contractor is causing undue risk of damage to any part of the Project or adjacent area, DCPL may suspend the Work temporarily, either wholly or in part, for such period until, in the judgment of the Department, the safe and proper prosecution of the Work may be resumed. The Department shall provide notice to the Contractor's Surety of any suspension ordered pursuant to this Article.

2.

Work Stoppage Due to Hazardous Materials A.

B.

C.

In the event the Contractor encounters materials reasonably believed to be containing asbestos, polychlorinated biphenyl (PCB) or other hazardous waste or material, which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to DCPL, through the Construction Manager, in writing. The Work in the affected area shall be resumed upon written notice from the Construction Manager that the material has been removed or rendered harmless. The term "rendered harmless" shall mean that the level of exposure is less than any applicable exposure standards set forth in OSHA or other applicable regulations.

3.

In case of such suspension, an extension of time, if appropriate, will be allowed as provided in the Plans and Specifications but no payment will be made to the Contractor for any expense or damages resulting there from.

4.

Any failure of DCPL to suspend the Work shall not relieve the Contractor of the Contractor's responsibility to perform the Work safely and in accordance with the Plans and Specifications.

5.

The Contractor shall, upon receipt of notice of suspension, cease Work on the suspended activities and take all necessary or appropriate steps to limit disbursements and minimize costs with respect thereto. The Contractor shall furnish a report to DCPL, within five (5) days of receipt of the notice of suspension, describing the status of the Work, including without limitation, results accomplished, conclusions resulting there from, and such other information as DCPL may require.

6.

In the event of suspension under this Article, the Contractor shall be entitled to payment of compensation due under the Drawings and Specifications, upon submission of a proper invoice, for the Work performed prior to receipt of notice of suspension, which shall be payable based upon the Contract Cost Breakdown.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 TERMINATION FOR CONVENIENCE 1.

DCPL may, at any time upon 20 days written notice to the Contractor, terminate the Contract in whole or in part for the Owner's convenience and without cause.

2.

Upon receipt of the notice of termination for convenience, the Contractor shall immediately, in accordance with instructions from DCPL, proceed with performance of the following duties. A. Cease operation as specified in the notice; B. Place no further orders and enter into no further subcontracts for materials, labor, services or facilities except as necessary to complete continued portions of the Project; C. Terminate all subcontracts and orders to the extent they relate to the Work D. terminated; E. Proceed to complete the performance of any Work not terminated; F. Take actions that may be necessary, or that DCPL may direct, for the protection and preservation of the terminated Work.

3.

Upon such termination, the Contractor shall be paid in accordance with the Contract Cost Breakdown for Work completed, including any amount retained, and the value of materials ordered and delivered, less any salvage credit the Contractor may receive for them.

4.

All materials, equipment, facilities and supplies at the Project site, or stored off site, for which the Contractor has been compensated, shall become property of the Owner.

5.

The Contractor shall be entitled to a fair and reasonable profit for all Work performed and all expenses directly attributable to the termination of the contract. In no event shall the Contractor's compensation exceed the total Contract price.

6.

Any dispute as to the sum then payable to the Contractor shall be resolved in accordance with the Government of the District of Columbia Standard Contract Provisions for Use With Specifications for District of Columbia Construction Projects dated January 2007, and amendments thereto in Article 8, of the General Provisions.

TERMINATION FOR CAUSE 1.

If DCPL determines that the Contractor has failed to prosecute the Work with the necessary force, or has refused to remedy any Defective Work, DCPL shall notify the Contractor and the Contractor's Surety of such failure or refusal. The Contractor shall begin to cure such failure or refusal within five ( 5 ) days of receipt of the notice.

2.

If the Contractor fails to cure such failure or refusal within 20 days of receipt of the notice, DCPL may terminate the Contract and employ upon the Work the

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 additional force, or supply the materials or such part of either as is appropriate, and may remove Defective Work. 3.

If the Contractor is so terminated, the Contractor's Surety shall have the option to perform the Contract. If the Contractor's Surety does not commence performance of the Contract within ten (10) days of the date on which the Contract was terminated, DCPL may complete the Work by such means as DCPL deems appropriate. DCPL may take possession of and use all materials, facilities and equipment at the Project site or stored off site for which the District has paid.

4.

If the Contractor is so terminated, the Contractor shall not be entitled to any further payment. If DCPL completes the Work and if the cost of completing the Work exceeds the balance of the Contract price, including compensation for all direct and consequential damages incurred by DCPL as a result of the termination, such excess shall be paid by the Contractor or the Contractor's Surety.

5.

If the Contractor's Surety performs the Work, the provisions of the Plans and Specifications shall govern such Surety's performance, with the Surety being substituted for the Contractor in all such provisions including, without limitation, provisions for payment for the Work and provisions about the right of DCPL to complete the Work.

CONTRACTOR BANKRUPTCY 1.

If the Contractor shall file a voluntary petition in bankruptcy or shall have an involuntary petition in bankruptcy filed against the Contractor, or if the Contractor makes a general assignment for the benefit of creditors, or if a receiver is appointed for all or a substantial part of the Contractor's business or property, DCPL shall serve written notice on the Contractor and the Contractor's Surety stating that any failure of the Contractor to provide adequate assurances of continued performance will be considered a rejection of the Contract, which shall result in termination of the Contract for cause. Such termination of the Contract need not he evidenced by an order of any court rejecting the Contract.

2.

Upon a final determination, either by a court or by arbitrators having jurisdiction, that the termination pursuant to paragraph GC 13.4.1 was improper, the termination will be deemed to be a termination for convenience.

3.

The Contractor's sole remedy for a wrongful declaration of default by the Department shall be limited to recovery of profit on Work completed prior to such declaration and reasonable expenses directly attributable to the termination of the contract.

H.12 SUBCONTRACTORS AND MATERIAL SUPPLIERS: A.

DCPL’S APPROVAL

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. Within Thirty (30) days of the Notice to Proceed, the Contractor shall list the Contractor's proposed Subcontractors and Material Suppliers to the COTR, through the Construction Manager, for DCPL’S approval. 2. The Department reserves the right to reject any Subcontractor or Material Supplier. Failure of the Department or their designee, the Construction Manager, to notify the Contractor of rejection within ten (10) days of receipt of such list forms shall constitute notice that the Department has no objection. 3. If DCPL rejects any Subcontractor or Material Supplier, the Contractor shall replace the Subcontractor or Material Supplier at no additional cost to the District. B.

REPLACEMENT 1. The Contractor shall not replace any Subcontractor or Material Supplier after execution of the Contract without written approval of DCPL. 2. The Contractor shall submit to the COTR, through the Construction Manager, amended Forms 26 or 27 and a written justification for the change of the Contractor's Subcontractors or Material Suppliers.

C.

CONTRACTOR'S RESPONSIBILITY 1. Nothing contained in the Plans and Specifications shall be construed as creating any contractual relationship between any subcontractor and the Government of the District of Columbia. 2. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among the subcontractors or to limit the work performed by any trade. 3. The Contractor shall be as fully responsible to the Government of the District of Columbia for all acts and omissions of the Contractor's Subcontractors and Material Suppliers and of persons employed by them as he is for the acts and omissions of persons directly employed by him, and shall be responsible for scheduling and coordinating the Work of the Contractor's Subcontractors and Material Suppliers with the Construction Manager. 4. The Contractor shall be responsible for the coordination of the trades, subcontractor and material persons engaged upon his work. 5. The Contractor shall, without additional expense to the Government of the District of Columbia, utilize the services of specialty subcontractor of those parts of the work which are specified to be performed by specialty subcontractor. 6. The Government of the District of Columbia will not undertake to settle any differences between the Contractor and his subcontractor or between subcontractors. 7. Delays, interference, disruption, hindrance attributable to the Contractor's Subcontractors or Material Suppliers shall be deemed to be within the control of the Contractor.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 8. The Contractor shall require that each of the Contractor's Subcontractors have a competent supervisor at the Project whenever Work is being performed by the Subcontractor. 9. The Contractor agrees to bind the Contractor's Subcontractor and Material Supplier to the terms of the Plans and Specifications, so far as applicable to the Work of such Subcontractor or Material Supplier. D. No portion of the contract shall be subcontracted except with the prior written consent of the Contracting Officer, or his authorized representatives, and such consent, when given, shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Request(s) or permission to subcontract any portion of the contract shall be in writing and accompanied by: (a) a showing that the organization which will perform the work is particularly experienced and equipped for such work, and (b) an assurance by the Contractor that the Labor Standards Provisions set forth in this contract shall apply to labor performed on all work encompassed by the request(s). The request(s) also shall provide the following information: 1.

Subcontractors name, address, telephone number, and Federal Social Security Number used on the Employers Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

2.

Estimated dollar amount of the subcontract.

3.

Estimated starting and completion dates of the subcontract.

4.

The subcontractor approval request form included herein should be used to request approval of subcontractor on this project. The form should be completed for each subcontractor requested for approval and submitted to the Contracting Officer. Copies of these forms are available upon request from the COTR.

E.

Any work or service so subcontracted shall be performed pursuant to a subcontract agreement, which the District will have the right to review and approve prior to its execution by the Contractor. Any such subcontract shall specify that the Contractor and the subcontractor shall be subject to every provision of this contract. Notwithstanding any such subcontract approved by the District, the Contractor shall remain liable to the District for all Contractor’s work and services required hereunder.

F.

WARRANTY AND GUARANTEE 1. The Contractor shall require each Subcontractor and Material Supplier to fully warrant and guarantee, for the benefit of the Owner, the effectiveness, fitness for the purpose intended, quality and merchantability of any Work performed or item provided or installed by such Subcontractor or Material Supplier.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 G.

INDEMNIFICATION 1. INDEMNIFICATION FOR INJURY OR DAMAGE A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless DCPL, the Owner, the Construction Manager and the Architect, their respective officers, consultants, agents and employees, in both individual and official capacities, from and against all claims, damages, losses and expenses, direct, indirect or consequential arising out of or resulting from the Work. B. In the event of any such injury, including death, or loss or damage, or claims there for, the Contractor shall give prompt notice thereof to the Department and the Owner. C. The indemnification obligations of the Contractor under paragraph GC 16.1.1 shall not extend to the liability of the Architect, the Architect's consultants, agents or employees for negligent preparation or approval of Drawings, Specification, Change Orders, opinions, and any other responsibility of the Architect, except to the extent covered by the Contractor's insurance. 2. INDEMNIFICATION FOR PATENT OR COPYRIGHT USE A. To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless, and defend DCPL, the Owner, the Architect and the Construction Manager, their respective members, officers, consultants, agents, representatives and employees, in both individual and official capacities from and against all claims, damages, losses and expenses arising out of the Contractor's infringement of patent rights or copyrights.

H.13 USE OF PREMISES: A.

If the Contractor considers it necessary to perform any work after the regular working hours on Saturdays, Sundays or legal holidays, the Contractor shall perform this work without any additional expense to the Government of the District of Columbia.

B.

The Contractor shall use only such entrances to the work area as designated by the COTR or is designee, the Construction Manager.

C.

Once the installation work is started, the Contractor shall complete the work as rapidly as possible and without unnecessary delay.

D.

The Contractor shall occupy only such portions of the premises as required for proper execution of the contract.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 E. The Contractor shall perform all the work in such a manner as to cause minimum annoyance or noises and disturbances to occupants of adjacent premises and interference with normal traffic. F.

The Contractor shall keep gates locked to maintain security into work area dictated by the existing job conditions of such nature as to prevent: 1.

Entry of work areas by unauthorized persons;

2.

Removal of Government property and supplies.

G.

The Contractor shall not load or permit the loading of any part of any structure to such an extent as to endanger its safety.

H.

The Contractor shall comply with the regulations governing the operation of premises that are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government of the District of Columbia and/or Washington Metropolitan Area Transit Authority (WMATA) business.

H.14 PATENTS: The Contractor shall hold and save the Government, its officers, agents, servants and employees, harmless for liability of, any nature or kind, including cost and expenses for, or on account of any patented or unpatented invention, article or appliance manufactured or used in the performance of this contract, including their use by the Government of the District of Columbia.

H.15 SAFETY PRECAUTIONS: A.

The Contractor shall perform all site, plant and construction work in strict accordance with the Safety Standards of the District of Columbia and the U.S. Occupational Safety and Health Act of 1970 and the D.C. Occupational Safety and Health Act of 1988, D.C. Official Code secs. 32-1101 et seq. and 1-620.01 et seq. 1.

The Contractor or his representative shall be thoroughly familiar with these standards and have copies of same available at the project site at all times.

B.

Operators of explosive-actuated tools shall have a training certificate, as required by the Safety Code in their possession.

C.

The Contractor shall be responsible for providing and installing adequate temporary shoring or bracing for all walls, slabs and like constructions until such items attain their design, strength, and stability.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. The Government, its officers, agents, servants, and employees shall not be held liable for any property damages or physical harm resulting from inadequate protection. 2.

D.

Prior to execution of shoring and/or bracing, the Contractor shall submit details and calculations for shoring and/or bracing designs for the COTR’s review and concurrence.

The Contractor shall exercise special precautions to prevent use of or access to the Contractor’s materials, equipment or tools and entry into the Contractor’s work areas by non-authorized personnel. 1.

A Contractor’s attendant shall be present at all times when bituminous kettles are in operation to prevent the public from coming in contact with the kettles.

2.

The Contractor shall remove each kettle as soon as its use is complete.

E.

The Contractor shall chute or hoist to the ground any and all the materials being removed from the roof areas or any upper floor.

F.

The Contractor shall not permit any live wires to be left exposed and unguarded, including open panel boards.

G.

The Contractor shall cover all open trenches during hours when work is not being executed, as required for protection of the public.

H.16 PROGRESS SCHEDULE: A. CONSTRUCTION SCHEDULE 1. The Contractor shall submit, not later than seven (7) days after official Notice to Proceed (NTP) has been issued, one reproducible print plus three copies of an initial schedule diagram plus three copies of computer reports and the narrative for the first 90 days of all the contract activities. When the total construction cost for the Project is $500,000 or more, critical path scheduling methods shall be provided. The Contractor shall submit to DCPL, within 30 days of the date of the Notice to Proceed, a Construction Schedule signed by the Construction Manager and the Contractors. For projects over $2 million construction cost total, an intermediate Bar Chart Schedule may be submitted for the first 60 days followed by the complete CPM Schedule within 90 days of the Notice to Proceed. The Contractor shall submit all the schedules and reports for approval by the COTR and Construction Manager, and all schedules and reports must conform to the following minimum requirements: A.

Include activities for all Contractor submittals, including but not limited to catalogue-cuts, samples, shop drawings and laboratory tests, approvals by COTR and Construction Manager, procurements by Contractor, and delivery of material and equipment to the job site.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 B.

Include in each schedule the following details and format: 1.

Time scaled in workdays, CPM Network (arrow) diagram with each work activity showing cost and man-loading on arrow system plus a narrative to facilitate monitoring and control of work progress and a tool for measurement of progress payments.

2.

Each field work activity shall have a maximum duration of 20 workdays. Provide identification of each phase of the Work including any milestone dates required by the Construction Documents;

3.

Each activity shall show all the associated costs for the purpose of progress payment, as required by Section G.4., with no front loading. In addition, the sum total all the activity costs shall equal the total amount of the contract award.

4.

All computer reports shall include “I-J”, “J-I”, and “Total-Float” sorts for all the activities, without any masking or plugging of any dates (except NTP and contract milestone). The computer reports shall be submitted in hard-copy plus soft form of read/write CDs giving all the activity data and schedules.

A. Monthly Progress Updates and Reports: 1.

The Contractor shall submit monthly update by the 25th of each month and the same shall include a narrative and three copies of “IJ”, “J-I” and “Total-Float” computer printouts plus read/write CD’s of all the activity data and schedules. These reports shall include the actual start; percent complete or finish dates for each activity, as mutually agreed with the COTR and Construction Manager plus any approved logic changes.

2.

In the case of any logic changes that result in any delay to the contract milestone(s), the Contractor shall submit a revised schedule diagram and the computer reports for approval by the COTR by the next update reporting date.

3.

The updated Construction Schedule shall be signed by the Contractor and the Construction Manager which shall serve as an affirmation that the Contractor can meet the requirements of the updated Construction Schedule.

4.

No payment will be made without an updated Construction Schedule approved by all the Construction Manager, the Contractors, the Architect and DCPL.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 5. The Contractor shall revise the Contractor's plan for the Work according to the comments received from the COTR and Construction Manager and submit four (4) copies of a revised Construction Schedule, to the Construction Manager within ten (10) days after receipt. 6.

Provide a graphic presentation of the sequence of the Work for the Project in the media and format required by the project;

7. Provide activities and durations identified for all shop drawing review and approval, product review and procurement, fabrication, shop inspection and delivery, including lead time, coordination drawing delivery, Punch List, Project close-out requirements, Contract Completion and occupancy requirements; 8.

Identify disruptions and shutdowns due to other operations;

9.

Identify the critical path of the Work, for CPM Schedules;

10. Identify the crew size and total resource hours for each activity in the schedule. 11. Provide a space for each Contractor's signature. 12. The Architect through the Construction Manager shall provide a complete specification for a Critical Path Method (CPM) Schedule. The Contractor shall develop the Construction Schedule data using commercially available, Construction Manager recommended personal computer software. Final copy schedules shall be provided to the Construction Manager in color in full size and 11"x17" size. All base line and monthly updated schedules shall be submitted in electronic format to the Construction Manager. The CPM Schedule Chart shall be used as a tool for scheduling and reporting sequenced progress of the work. Provide clear graphics legend and other data such as milestones, constraints and items required by the project, Associate and Using Agency. On each submission show the state project number and project name and provide a signature approval and date line for all parties to the schedule. Further, provide in each schedule: Activity identification and description for each activity broken down to a 15 day maximum duration, responsibility of each Contractor, Contractor's resources and crew size for each activity, provide early start, early finish, late start, late finish. Show predecessor activities and successor activities for each activity entry free float, total float and percentage of completion and identify the logic relationship between all activities. Also, show all submittal dates, coordination drawing input, review and approval durations. Unless otherwise specified, submit the CPM Construction Schedule in graphic and tabular form. Provide a two week look-ahead schedule print out for each weekly progress

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 meeting. Provide with each monthly schedule update a list of all changes to the previously approved base line schedule or monthly updated schedule. The CPM Construction Schedule shall be managed using early start and early finish dates. Free float and total float belong to the project and use of float associated with an activity is not permitted without the concurrence of the owner and all other contractors. 13.

Upon receipt of the Construction Schedule, DCPL shall review and approve the Construction Schedule. Included with the submitted copy of the Construction Schedule is a Schedule of Submittals required by the Construction Documents.

14.

Unless otherwise specified by the Plans and Specifications, the Contractor shall, on a weekly basis, prepare and submit to the Construction Manager a written report describing activities begun or finished during the preceding week, Work in progress, expected completion of the Work, a look-ahead projection of all activities to be started or finished in the upcoming two (2) weeks, including without limitation, the Contractor's workforce crew size and total resource hours associated with such Work and any other information requested by the Construction Manager or Architect.

15. When it is apparent to the Construction Manager that critical path activities, scheduled milestone completion dates, or Contract Completion dates will not be met, the Construction Manager, when required, shall submit for review and approval, a time recovery plan to the Contractors. Contractors shall abide by the time recovery plan to avoid or minimize any delay. The Construction Manager shall provide monthly progress reports to DCPL and the Architect which shall include such recommendations for adjusting the Construction Schedule to meet milestone completion and Contract Completion dates. 16. Such a plan may include, without limitation, increasing the Contractor's workforce in such quantities as will eliminate the backlog of Work; increasing the number of working hours per shift, shifts per workday, workdays per week, the amount of construction equipment, or any combination thereof; rescheduling of activities to achieve maximum practical concurrency of Work efforts. 17. Submit a tabular copy showing all changes to the previously approved schedule including without limitation, logic, float and actual start date of activities. The updated Construction Schedule shall be submitted to DCPL who shall review and approve it and submit a copy back to the Contractors. B. The Contractor shall complete all work within the time specified under F.1 Time of Completion, which is the maximum time permitted for the accomplishment of this

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 project. If within the period of construction, a time extension or extensions are granted in writing by the Contracting Officer, the Contractor shall incorporate the extension in the next monthly update. C. TIME OF ESSENCE 1.

Time is of the essence to the Plans and Specifications and all obligations there under. By executing the Contract, the Contractor acknowledges that the time for Contract Completion and any specified milestone completion dates are reasonable, taking into consideration the average climatic range and usual conditions prevailing in the locality of the Project.

2.

The Contractor agrees that the Notice to Proceed shall establish the date for commencement of the Work.

3.

The Contractor agrees that the Owner has entered into, or may enter into, agreements for use of all or part of the premises where the Work is to be completed based upon the Contractor achieving Contract Completion within the Contract time.

4.

The Contractor agrees that the Work will be prosecuted in a reasonable, efficient and economical sequence, in cooperation with the other Contractors and in the order and time as provided in the Construction Schedule.

5.

The Contractor shall perform the Work so as not to interfere, disturb, hinder or delay the Work of other Contractors and such other Contractors' Subcontractors and Material Suppliers.

6.

The Contractor agrees that the possibility that the Contractor may be subject to interference, disruption, hindrance or delay in the progress of the Work from any and all causes is within the contemplation of the parties and that the sole remedy for such interference, disruption, hindrance or delay shall be an extension of time granted pursuant to paragraph F.1.B.

D. EXTENSIONS 1.

If the Contractor is interfered with, disrupted, hindered or delayed at any time in the progress of the Work by any of the following causes, the Contract time shall be extended for such reasonable time which the Construction Manager determines, in consultation with DCPL has been caused by the interference, disruption, hindrance or delay in the Work:

2.

Delay due to suspension of the Work for which the Contractor is not responsible; inclement weather conditions not normally prevailing in the particular season; labor dispute; fire; flood;

3.

Neglect, delay or fault of any Contractor having a Contract for adjoining or contiguous Work; or;

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 4. By any unforeseeable cause beyond the control and without fault or negligence of the Contractor. E. SOLE REMEDY 1.

To the fullest extent permitted by law, any extension of time granted pursuant to paragraph F.1.B shall be the sole remedy which may be provided by the Department and the Contractor shall not be entitled to additional compensation or mitigation of Liquidated Damages for any delay listed in paragraph F.1.B, including, without limitation, costs of acceleration, consequential damages, loss of efficiency, loss of productivity, lost opportunity costs, impact damages, lost profits or other similar remuneration.

2.

The Contractor agrees that the possibility that the Contractor may accelerate its performance to meet the Construction Schedule is within the contemplation of the parties and that such acceleration is solely within the discretion of the Contractor.

F. REQUEST FOR EXTENSION 1.

Any request by the Contractor for an extension of time shall be made in writing to the Construction Manager no more than ten (10) days after the initial occurrence of any condition which, in the Contractor's opinion, entitles the Contractor to an extension of time. Failure to provide such timely notice to the Construction Manager shall constitute a waiver by the Contractor of any claim for extension, damages or mitigation of Liquidated Damages, to the fullest extent permitted by law.

2.

The Contractor shall notify the Construction Manager in writing providing the following information. a. Nature of the interference, disruption, hindrance or delay; b. Identification of persons, entities and events responsible for the interference, disruption, hindrance or delay; c. Date (or anticipated date) of commencement of the interference, disruption, hindrance or delay; d. Activities on the Construction Schedule which may be affected by the interference, disruption, hindrance or delay, or new activities created by the interference, disruption, hindrance or delay and the relationship with existing activities; e. Anticipated duration of the interference, disruption, hindrance or delay; f. Specific number of days of extension requested; and g. Recommended action to avoid or minimize any future interference, disruption, hindrance or delay.

G. EVALUATION OF REQUEST

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. Within ten (10) days of receipt of the Contractor's request, the Construction Manager shall evaluate the facts and extent of any interference, disruption, hindrance or delay to the Work, consult with DCPL about the request and respond in writing to the Contractor. 2.

The Contract Completion time may only be extended by execution of an appropriate Change Order.

3.

The Construction Manager shall make any necessary change in the Construction Schedule.

H. CRITICAL PATH 1.

Notwithstanding any other provision of the Plans and Specifications, time extensions will depend upon the extent to which the Work on the Critical Path of the Construction Schedule is affected, if applicable.

2.

A Change Order granting a time extension may provide that the Contract Completion date will be extended for only those specific elements so interfered, disrupted, hindered or delayed and that remaining milestone completion dates will not be altered and may further provide for equitable adjustment of Liquidated Damages.

H.17 GUARANTEE OF WORK: A.

The Contractor guarantees, for a period of one (1) year after date of acceptance for Occupancy as established in the District’s written notification, to repair or replace any work in which any defects in material or workmanship appear within said period and to repair or replace any and all work damaged by reasons thereof, to the satisfaction of the COTR and without cost to the District of Columbia.

B.

In any case where in fulfilling the requirements of the contract or any guarantee, embraced in or required thereby, the Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition comparable to its original condition and guarantee such restored work to the same extent as it was guaranteed under such other contracts.

C.

Upon the Contractor’s failure to proceed promptly to comply with the terms of any guarantee under the contract or still running upon work originally executed by other Contractors, the District of Columbia may (1) either have such work performed as the Contracting Officer deems necessary to fulfill such guarantee, or (2) allow all such damaged or defective work to remain in such unsatisfactory condition; provided that the Contractor shall promptly pay the District of Columbia the sum estimated by the Contracting Officer under the provision of paragraph B above to represent the amount which would have been necessary to

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 expend to fulfill such guarantee. Everything done in the fulfillment of any guarantee shall be without additional expense to the Government of the District of Columbia. D.

E.

Special guarantee: The Contractor shall provide a written guarantee of the following for the extended periods and to the extent stated below: 1.

Guarantee buried tanks for five (5) years against deterioration to the point of failure and against structural failure due to improper installation procedures.

2.

Guarantee heating and air conditioning equipment, except expendable components such as filters, for two (2) full operating seasons or the equivalent thereof against all conditions except vandalism or improper maintenance.

3.

Secure guarantee of built-up roof and flashing systems for ten (10) years by the manufacturer of the roofing material.

All special guarantees that are stipulated in the specifications or other paper forming a part of the contract shall be subject to the terms of this paragraph insofar as they do not conflict with the provisions containing references to guarantees in the specifications or such other papers. In case of any conflict, the special guarantee shall take precedence.

H.18 PROTECTION: A.

The Contractor shall protect existing public and private property including but not limited to sidewalks, pavements, landscaping, from damage using methods approved by COTR such as planking, covering, temporary cement curbs, and shall be responsible for replacement of items that are damaged by work under this contract. The Contractor shall repair or replace damages to sidewalks, curbs, streets, public property and public utilities as directed by the COTR in accordance with standards of the agency having jurisdiction over the damaged property. The COTR will not permit grouting of cracks in sidewalks and driveways. The Contractor shall replace cracked slabs.

B.

The Contractor shall take precautions for the safety of persons on the Project and shall comply with all applicable provisions of federal and municipal safety laws and buildings codes to prevent injury to persons on or adjacent to the Project.

C.

Prior to starting the Work, the Contractor shall provide and inform all Contractors of the methods and equipment for protecting the Project and persons from fire damage, in accordance with applicable fire regulations.

D.

Methods and equipment for protecting persons and the Project shall be subject to inspection and approval of the appropriate authority having jurisdiction over the Project site.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 E. Contractor shall be responsible for personal injury to workmen and the public and shall indemnify and hold the District harmless for any such injuries that are incurred during the performance of this contract. F.

G.

H.

Nothing contained in the drawings and specifications for installation of fences, barricades or site protection shall be interpreted as making the District a party to, liable for, or relieving the Contractor of: 1.

The Contractor’s responsibility for materials delivered and work performed until completion and final acceptance;

2.

The Contractor’s responsibility to sustain all costs, losses or damages arising out of the nature of the work to be done, or due to any unforeseen or usual obstructions or difficulties which may be encountered in the accomplishment of the work, or resulting from the work, or resulting from the action of the elements; and

3.

The Contractor’s responsibility to protect existing public and private property.

EMERGENCY 1.

In the event of an emergency affecting the safety of persons, the Project or adjacent property, the Contractor, without special instruction or authorization, shall act to prevent any threatened damage, injury or loss.

2.

The Contractor shall give DCPL, through the Construction Manager, written notice if the Contractor believes that any significant change in the Work or variation from the Plans and Specifications has been caused by any emergency or action taken in response to an emergency.

SITE PROTECTION 1.

Watchperson: a.

The Contractor shall employ watchpersons to safeguard the site.

b.

2.

Lights: a.

I.

The watchpersons shall be employed during all periods in which the Contractor’s employees are not performing actual site work.

Illumination of the worksite during non-daylight hours is required of the Contractor at the Contractor’s expense.

PROTECTION OF THE PROJECT

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. The Contractor shall protect the Contractor's Work from weather, and shall maintain the Work and all materials, apparatus, and fixtures free from injury or damage during the entire construction period. 2.

Work likely to be damaged shall be covered or protected at all times to prevent damage.

3.

Any Work damaged by failure of the Contractor to provide coverage or protection shall be removed and replaced with new Work at the Contractor's expense.

4.

Any adjacent property, including without limitation roads, walks, shrubbery, plants, trees or turf, damaged during the Contractor's Work shall be properly repaired or replaced at the Contractor's expense.

5.

Unless otherwise specified in the Plans and Specifications, the Contractor shall protect the Project and existing or adjacent property from damage at all times and shall erect and maintain necessary barriers, furnish and keep lighted necessary danger signals at night, and take precaution to prevent injury or damage to persons or property.

6.

The Contractor shall not load, nor permit any part of the Project to be loaded, in any manner that will endanger the Project, or any portion thereof, nor shall the Contractor subject any part of the Project or existing or adjacent property to stress or pressure that will endanger the property.

7.

The Contractor shall provide all temporary bracing, shoring and other structural support required for safety of the Project and proper execution of the Work.

8.

Unless otherwise specified in the Plans and Specifications, the Contractor shall remove all snow and ice as may be required for access to the Project.

H.19 UNDERGROUND SERVICES: A.

ACTIVE: The District has made its best efforts to show all active services on the contract drawings and specifications. However, the District gives no assurance that there are no other active services in areas in which work is to be performed. If during execution of work, other active services are encountered that necessitate changes in drawings or specifications, the Contractor shall make the required adjustments.

B.

INACTIVE OR ABANDONED: If, during execution of work, the Contractor encounters inactive or abandoned services not shown or specified, the Contractor shall notify the Contracting Officer as set forth in Article 4 of the Standard Contract Provisions.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 H.20 EXISTING CONDITIONS: (where applicable) A.

The Contractor shall verify by actual measurement existing work required to connect with work now in place before the Contractor commences actual work at the site. The Contractor shall ensure that new work in extension of existing work shall correspond in all respects with that to which it connects unless otherwise indicated or specified.

B.

The Contractor shall cut, alter, remove or temporarily remove and replace existing work as necessary for the performance of the work to be done. The Contractor shall restore work remaining in place that is damaged or defaced by reason of work done under this contract to a condition satisfactory to the COTR.

C.

INTERRUPTION OF EXISTING SERVICES

D.

1.

Whenever it becomes necessary to interrupt existing services in use by the Owner, such as sewer, water, gas and steam lines, electric .or telephone and cable service, the Contractor responsible for the Work shall continue the Work on a 24 hour basis until the Work is completed and the service restored, or at such alternate time required by DCPL.

2.

Before beginning such Work, the Contractor shall, through the Construction Manager, apply in writing to and receive approval in writing from the Owner and the authority with appropriate jurisdiction over the Project, to establish a time when interruption of the service will cause a minimum of interference with the activities of the Owner.

DIFFERING SITE CONDITIONS 1.

Should the Contractor encounter, during the progress of the Work, concealed physical conditions at the Project, differing materially from those upon which the Plans and Specifications permit the Contractor to rely and differing materially from those ordinarily encountered and generally recognized as inherent in the Work of the character provided for in the contract, the Contractor shall notify the Architect, through the Construction Manager, in writing of such conditions, before they are disturbed.

2.

The Architect and the Construction Manager will promptly investigate the conditions and if the Architect or the Construction Manager finds that such conditions do materially differ from those upon which the Plans and Specifications permit the Contractor to rely, or differ materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract, causing an increase or decrease in the cost of the Contract, an appropriate Change Order shall be processed.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 3. The Contractor will only proceed with a proper authorization, in writing, as provided by the Plans and Specifications. 4.

No claim of the Contractor under paragraph H20.D.2 shall be allowed unless the Contractor provided the notice required in paragraph H20.D.1.

H.21 OPERATION AND MAINTENANCE INSTRUCTIONS: A. Prior to final acceptance of the project, the Contractor shall submit to the COTR three (3) copies of operation manuals or instruction manuals for each piece of equipment, mechanical or electrical system.

1.

Manuals shall show all controls (switches and valves) and give instructions on functions of each.

2.

Manuals shall give proper operating, reading or tolerances for all gauges and other control indicating devices.

3.

Manuals shall show the location of all items requiring periodic maintenance operations and specify recommended intervals of maintenance and recommended lubricants, and a listing of spare parts.

4.

Manuals shall include diagrammatic sketches or actual layouts of mechanical and electrical system showing location of all control items such as fuses, circuit breakers, indicator lights, dials, gauges, valves, thermostats, aquatints, cleanouts, and switches.

B.

The Contractor shall submit manuals which shall be bound separately into appropriate sets, i.e., air conditioning system, heating system, ventilating system, lighting system, ship equipment, plumbing system, incinerator, sprinkler system, sound system, clock and bell system, power operated door system and special equipment.

C.

The Contractor shall deliver manuals not less than one (1) week before District personnel assume operation of the system.

H.22 EROSION AND POLLUTION CONTROL: A.

The Contractor shall provide erosion control facilities as approved and as required for fulfilling the requirements of Health Regulations of the District of Columbia.

B.

The Contractor shall take such measures, as determined to be adequate in the opinion of the Contracting Officer, which will prevent soil erosion from the site in question.

C.

The Contractor shall conduct all operations in such a manner as to prevent when possible and otherwise minimize the contamination of watercourses by sediment bearing materials or other pollutants.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 D.

The Contractor shall maintain effective erosion control for the duration of any suspension of all or a portion of the construction operation.

H.23 GOVERNMENT INSPECTORS: A.

The work shall be conducted under the general direction of the COTR and is subject to inspection by his appointed Inspectors to ensure strict compliance with the terms of the contract. Neither the COTR nor an Inspector is authorized to change any provision of the Plans and Specifications without written authorization of the Contracting Officer.

B.

The presence of or absence of an Inspector shall not relieve the Contractor from compliance with material and workmanship requirements of the contract.

H.24 DRAWINGS AND SPECIFICATIONS: A.

Pursuant to Article 2 of the General Provisions, Standard Contract Provisions, the general character and scope of the work are illustrated by the specifications and drawings listed in Sections J.1. Any additional detail drawings and other information deemed necessary by the Contracting Officer will be furnished to the Contractor when and as required by the work.

B.

In case of differences between small and large-scale drawings, the large-scale drawings shall govern.

C.

Where on any of the drawings, a portion of the work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to those portions indicated in the outline.

D.

Where similar work occurs in the drawings, the Contractor shall interpret the same in its general sense and not as meaning identical. The Contractor shall work out all the details in relation to their location and their connection with other parts of the work.

E.

In case of differences between the schedules and small or large scale drawings, the schedules shall govern.

F.

In cases of differences between the specifications and standards, and in cases of differences between drawings and the specifications, the specifications shall govern.

H.25 REFERENCE TO CODES AND REGULATIONS: A.

Where the District of Columbia codes and regulations and other codes and regulations are referred to in these specifications, they are minimum requirements.

B.

Where the requirements of these specifications exceed the referred requirements of the codes and regulations, these specifications shall govern.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 C.

Requirements of codes and regulations shall include revisions, amendments and supplements thereto in effect on the closing date of the Invitation For Bids (IFB). The IFB will be amended to conform it to such code and regulation changes that occur after the closing date.

H.26 SINGULAR OR PLURAL NUMBERS: Where any device or part of equipment is herein referred to in the specifications or on the drawings in the singular or plural number, such reference shall be deemed to apply to as many such devices as are required to complete the installation as shown on the drawings. H.27 ENGINEERING AND LAYOUT SERVICES: A.

The Contractor shall provide competent engineering services to execute the work in accordance with the contract requirements. The Contractor shall verify the figures shown on the drawings before undertaking any construction work and shall be responsible for the accuracy of the finished work.

B.

The District has made its best efforts to establish such general reference points as will enable the Contractor to proceed with the work. It is the Contractor’s responsibility to visit the site and familiarize themselves with the site conditions before submitting his bid.

C.

The Contractor shall make no change in locations without the written approval of the Contracting Officer.

H.28 BUILDING LINES AND BATTER BOARDS: A.

Prior to commencing construction, the Contractor shall obtain a plat of computations from the D.C. Surveyor’s Office to ascertain official reference points from which the property survey can be made. 1.

The Contractor shall establish and have platted on site, all building lines, building restriction lines and property lines shown on drawings, utilizing the service of a registered professional surveyor regularly engaged in such practice.

2.

The Contractor shall also establish critical grade and boundaries for construction of facilities where distance measurements are important, utilizing the service of a registered professional surveyor.

3.

Within 10 working days of receiving the plat of computations, the Contractor shall submit to the COTR two (2) copies of plat showing such lines and grades with a registered professional surveyor’s certification of their correctness.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 H.29 WALL CHECK: A.

After foundations are in place and walls have been defined, but before additional construction and work is effected, the Contractor shall cause a wall check to be made by the same registered professional surveyor who established the building lines and property lines.

B.

The Contractor shall obtain certification by the D.C. Surveyor’s Office of the location of the foundation walls by submitting his registered professional surveyor’s certification prior to proceeding with construction.

H.30 INTERFERENCE: (Mechanical Equipment, Piping, Ducts and Electric Conduits) A.

The Contractor shall coordinate all mechanical and electrical work associated with the separate sections of the specifications with work of all other trades so as to avoid any interference with installation of pipes, ducts and conduits. 1.

The sizes and locations of the pipes, ducts, electrical conduits and the method of running them are shown on the drawings, but it is not intended to show every offset and fittings or every architectural or structural obstacle that will be encountered during the installation of the work. The Contractor shall modify alignment of pipes, ducts and conduits from that shown on the contract drawings, where necessary, without any additional costs to the District.

2.

The Contractor shall furnish such materials and labor, as necessary, to make the piping, ducts and conduit modifications as required, due to building obstructions and to complete the installation in accordance with best practice of the trades and the satisfaction of the COTR.

H.31 PLANS AND SPECIFICATIONS FURNISHED: A.

The District will furnish to the Contractor, free of charge, two (2) sets of drawings and specifications. The Contractor is responsible for the reproduction or otherwise obtaining all Plans and Specifications in excess of the numbers stated above, which may be required by him. The Contractor shall use these reproducibles as the basis of the as-built drawings required under H.37.

H.32 PHOTOGRAPHS: A.

Site Condition Photographs: Prior to start of construction work, the Contractor shall provide a minimum of five (5) site condition photographs of adjoining private and public property, including sidewalks, driveways, curbs, gutters, fences, trees, shrubbery, retaining walls and other improvements on and around the perimeter of the project site which may be subject to damage claims. The location of photographs shall be as directed by the COTR. Photographs shall conform to requirements specified below.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 B.

The Contractor by the 15th day of each month shall Progress Photographs: submit progress photographs of the site at each work area. The requirements for such photographs are as follows:

1. Size approximately 8 x 10 ½ inches. 2. Taken as directed by the COTR. 3. All photographs shall have an extension (title margin) of approximately ¾ inch clear paper at bottom of the 10 ½ inch side, with the following information printed or typed thereon: a. b. c. d. e.

Name of project and Contractor; Location of photographs in relation to project; Subject matter shown on photographs identified; Dates taken; and Serial numbers.

4. Glossy finish, mounted on linen. Provide a 1 inch wide binding margin on the left side. 5. Number of photographs in each submission: a. Prior to starting work, three (3) (in addition to site condition photographs). b. All other submissions shall be a minimum of four (4). 6. Submitted to the COTR each month. C.

Finished Project Photographs: After building has been constructed, site cleaned up and roject is ready for acceptance by the District, the Contractor shall furnish to the COTR two (2) prints each of four (4) photographs, plus the negatives, as follows: 1. One perspective view of project. 2. Three (3) photographs of areas designated by representatives of the COTR. 3.

Photographs shall be 8 x 10 ½ inch size, with the following information printed in back: a. Name of project; and b. View shown on photograph.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 D. Should the number of photographs provided be other than that specified above, the Contracting Officer shall issue a change order adjusting the contract amount in accordance with Article 3 of the Standard Contract Provisions. E.

Photographs shall be taken by a professional photographer on a minimum 4 x 5 inch negative size and all enlargements shall be clear and with the proper contrast.

F.

The Contractor may submit photographs by taking photos using digital cameras that provide the same degree of clarity and proper contrast. However, all the submittals shall be in the same aforementioned format, except in lieu of submitting the negatives, the Contractor shall submit the photos on the disks.

H.33 MODIFICATIONS TO ARTICLE 3, SECTION E, CHANGES, OF THE STANDARD CONTRACT PROVISIONS, GENERAL PROVISIONS SECTION: A.

The purpose of this section is to define a standard procedure for determining reasonable costs and times for purpose of making equitable adjustments under Article 3, CHANGES, of the Standard Contract Provisions, General Provisions section.

B.

Unless otherwise specifically provided in the contract, the following procedure shall be used:

C.

1.

Where the nature of the change is known sufficiently in advance of construction to permit negotiation, the parties shall attempt to agree on a fully justifiable price adjustment or adjustment of time for completion.

2.

If the parties fail to agree upon an equitable adjustment prior to the time the proposed change affects the contract work, or if the Contracting Officer determines it is not feasible to reach an agreement regarding an equitable adjustment, either due to lack of time or other reasons, the Contracting Officer will order the change in accordance with Article 3 of the General Provisions and the Contractor shall proceed with the execution of the work so changed.

Equitable adjustments shall be determined in the following manner, unless otherwise specifically stated in the contract. 1.

Whenever a change is proposed or directed, the Contractor shall submit a proposal or breakdown within fifteen (15) days of its receipt of the change, and the proposal will be acted upon promptly by the Contracting Officer.

2.

Price Adjustments a.

If agreement on costs cannot be reached prior to execution of changed work, payment will be made for the actual costs provided records of such costs are made available and that such costs are

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 reasonable and predicated on construction procedures normally utilized for the work in question. If not, then payment shall be based on standard trade estimating practice. b.

Where basis of equitable adjustments is the actual cost incurred in performing changed work, the Contractor shall furnish the District with a complete breakdown of costs, covering the subcontractor work, as well as his own, individually itemizing the following: i. ii. iii. iv. v. vi. vii. viii.

Material quantities and unit prices Labor hours and basic hourly rate for each labor classification Fringe benefits rate for each classification Construction equipment Overhead Profit Commission FICA, FUTA and DUTA (applied in basic hourly wage costs).

c.

The Contractor shall furnish substantiation of fringe benefits, workmen compensation, FICA, DUTA, FUTA and State unemployment taxes at the request of the District.

d.

The percentage for overhead, profit and commission to be allowed shall in no case exceed the following and shall be considered to include, but not limited to, insurance, other than mentioned herein, field and office supervisor and assistants above the level of foreman, incidental job burdens and general office expense, including field and home office. No percentage for overhead and profit will be allowed on FICA (Social Security), FUTA (Federal Unemployment and DUTA (District Unemployment) taxes: Overhead 1. To Contractor on work performed by other than his/her own forces. 2.

To Contractor and/or Subcontractor for that portion of work performed by their respective forces.

Profit

-

Commission -

10%

10%

3. From Contractor on deleted work to have been

-

10% of value of

-

5% of value of deleted work

performed by other than his/her own forces. 4. From Contractor or Subcontractor on deleted work to have been performed by

-

5% of value of deleted work

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 his/her own forces.

D.

e.

When a change consists of both added work and deleted work, the applicable percentage shall be applied to the net cost or credit.

f.

Where more than one tier of subcontractors exists, they shall be treated as one subcontractor for purposes of markups. That is, only one overhead and one profit percentage for the subcontractors and one commission percentage for the prime Contractor shall be applied to actual cost of work performed regardless of the number of tiers of subcontractors.

3.

Changes in the period of performance: Where a change affects the time required for the performance of the contract, the Contractor shall describe in detail “cause and effect relationship” and how such change affects the specific contract work activities, current critical path, overall performance or work, concurrency with other delays, and the final net impact on the contract milestone(s), specifically stating the proposed decrease or increase in the period of contract performance in calendar days.

4.

The changes in the contract period of performance, if any, resulting from change order work will be calculated in the following manner: a.

New durations for work activities affected by the change order will be incorporated into the next computer printout. Time extensions will be directly based on the extent to which the contract completion date is hereby extended.

b.

Should new work activities be required to supplement existing activities, they will be incorporated into the computer printout to verify total effect, if any, on the contract completion date.

c.

Every attempt will be made to reach an agreement between the Contractor and the COTR on the number of days by which activity duration will be extended. Should an agreement not be reached within fifteen (15) days after Contractor receives the directive, the COTR will assign a reasonable duration to be used in determination of job progress.

If performance of the work is delayed by any of the causes specified in Paragraph H16 herein or Article 5 of the General Provisions, TERMINATION-DELAYS, of Standard Contract Provisions for Construction Contract, dated 1973, as amended, a contract time extension may be justified. 1. The Contractor, when requesting an extension to the contract period of performance, must submit the same in writing with supporting facts and backup documentation plus a detailed explanation that must include, but be not limited to, the following:

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 a.

Reasons/cause and responsibility of each delay

b.

Inclusive dates of each delay

c.

Specific trades affected

d.

Portion (s) of each work contract activity affected and the duration thereof

e.

Status of work activity affected before delay commenced

f.

Concurrency of any other delays, including Contractor’s own

g.

Net effect of each delay under this request, on the overall contract completion

h.

In the case of late delivery of materials and/or equipment, back up date, correspondence and documentation should include but not be limited to the following: establishment that prior to ordering there was a reasonable assurance of timely supply; copies of each purchase order establishing the dates of procurement, invoices, delivery receipts and the like showing shipping or delivery dates; and copy of correspondence showing diligent attempts to follow ups to obtain materials when critically needed from other sources.

2.

All documentation should demonstrate that any delay was unforeseeable and without the fault or negligence of the Contractor, subcontractor or supplier involved. The Contractor will be entitled only to the additional number of days the project is delayed which is not concurrent with another delay for which a time extension has been granted or for which a valid request has been submitted.

3.

In case of delays due to strikes, documentation shall include evidence of when and what trades struck, with reasons for the strike, prompt submittal of notice when the strike was ended and the date thereof, analysis of the effect of the strike on the completion of the contract work.

4.

In case of delays due to unusually severe weather, documentation shall include daily temperature and precipitation records for each period of delay involved and explanation of delaying effect, including number of days that the construction activities on the current critical path at the time were actually delayed, including any extended impact, beyond the normal anticipated days of delay due to the weather conditions.

5.

Notwithstanding any other provision of the Plans and Specifications, time extensions for changes in the Work will depend upon the extent to which the change causes delay in Work on the Critical Path of the Construction

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Schedule, if applicable, as determined pursuant to paragraph H16.F or H16.G.

E.

6.

If the circumstances are that extending the Contract Completion date is not possible, the Contractor shall price all costs of accelerated performance in the Contractor's Proposal.

7.

A Change Order granting a time extension may provide that the Contract Completion date will be extended for only those specific elements so delayed and that remaining milestone completion dates will not be altered and may further provide for adjustment of Liquidated Damages.

COST AND PRICING DATA (applicable to a Change Order or Modification) : 1. Unless otherwise provided in the solicitation, the Contractor shall, before negotiating any price adjustments pursuant to a change order or modification, submit cost or pricing data and certification that, to the best of the Contractor’s knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of the date of negotiation of the change order or modification. 2.

If any price, including profit or fee, negotiated in connection with any change order or contract modification, was increased by any significant amount because (1) the Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified by the Contractor, (2) a subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified by the Contractor, or (3) any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction.

3.

Cost or pricing data includes all facts as of the time of price agreement that prudent buyers and sellers would reasonably expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental, and are therefore verifiable. While they do not indicate the accuracy of the prospective Contractor’s judgment about estimated future costs or projections, cost or pricing data do include the data forming the basis for that judgment. Cost or pricing data are more than historical accounting data; they are all the facts that can be reasonably expected to contribute to the soundness of estimates of future costs and to the validity of determinations of costs already incurred.

4.

The following specific information should be included as cost or pricing data, as applicable: (a) Vendor quotations; (b) Nonrecurring costs; (c) Information on changes in production methods or purchasing volume;

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 (d) Data supporting projections of business prospects and objectives and related operations costs; (e) Unit cost trends such as those associated with labor efficiency; (f) Make or buy decisions; (g) Estimated resources to attain business goals; (h) Information on management decisions that could have a significant bearing on costs. 5.

If the Contractor is required to submit cost or pricing data in connection with pricing any change order or modification of this contract, the Contracting Officer or representatives of the Contracting Officer shall have the right to examine all books, records, documents and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the change order or modification, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data. The right of examination shall extend to all documents necessary to permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used. Contractor shall make available at its office at all reasonable times the materials described above for examination, audit, or reproduction until three years after the later of: (a) final payment under the contract; (b) final termination settlement; or (c) the final disposition of any appeals under the disputes clause or of litigation or the settlement of claims arising under or relating to the contract.

H.34 SCAFFOLDING: A.

The Contractor shall erect adequate scaffolds as required to perform the work in accordance with the Safety Code of the DC Minimum Wage and Industrial Safety Board and so that the work may be inspected by COTR.

B.

The Contractor shall not erect scaffolds until required to be ready for use.

C.

The COTR will inspect the work upon the Contractor’s advising of completion of contract requirements, and the Contractor shall promptly remove the scaffolding upon acceptance of the work.

D.

Wherever possible, the Contractor shall use swinging scaffolds for exterior work under this contract.

E.

Where swinging scaffolds are not practicable, the Contractor will be permitted to use other types of scaffolds provided:

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. The Contractor shall prepare a list of areas and give the types of scaffold(s) he will use for each area. 2.

The list shall be submitted not later than ten (10) calendar days after the contract is awarded.

H.35 EXISTING EQUIPMENT REMAINING IN USE: (Where applicable) A.

During the contract term, D. C. Government personnel will maintain any existing equipment that remains temporarily operational.

B.

The Contractor shall coordinate with the COTR the time for removal of equipment in order to permit the District to salvage components for use on equipment remaining in use.

H.36 TESTING AND CARE OF DRAINAGE FACILITIES: A.

Prior to commencement of work under the contract, the Contractor shall conduct tests to ascertain the condition of existing drainage lines in accordance with the following requirements: 1.

On projects where work is to be executed in the area of roof drains and areaways drains, the Contractor shall conduct a hose test on each drain line using a ¾ inch inside diameter garden hose without a nozzle and full pressure from an existing hose cock.

2.

On projects where work is to be executed in the area of storm drainage structures such as yard drains, curb drains and catch basins, the Contractor shall conduct a hose test using a fire hose under pressure from a fire hydrant.

3.

On projects where new work is to be connected to existing drainage lines, the Contractor shall conduct a test on each line affected to ascertain that the lines are clear and will handle their full capacity. Test shall be conducted with any apparatus that will establish the rate of flow.

4.

In addition to before and after tests specified in subparagraphs A and D of this section, the Contractor shall execute tests on new installations in accordance with the plumbing section of these specifications.

B.

All testing shall be performed in the presence of the Project Inspector and COTR. The Contractor shall notify the COTR two (2) working days in advance of the testing.

C.

The Contractor shall promptly notify the COTR in writing of any existing drain lines found to be deficient. The Contracting Officer will initiate remedial action by D.C. Government personnel or issue a change order in accordance with provisions of Article 3, CHANGES, of the Standard Contract Provisions, General Provisions section.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 D.

Subsequent to proof of line clearance, the Contractor will be held responsible for maintaining all lines in clear and clean condition and shall remedy any deficiencies that may occur at no cost to the District until the final acceptance date of the contract. Just prior to final acceptance in order to demonstrate clearance, the Contractor shall repeat the tests as specified in subparagraph A (1), (2) and (3).

H.37 AS-BUILT DRAWINGS: A.

General: The Contractor shall, upon completion of all work under this contract, prepare and furnish to the COTR, as specified herein, as-built drawings. The asbuilt drawings shall be a record of the construction as installed and completed by the Contractor. They shall include all the information shown on the contract set of drawings, and all deviations, modifications, or changes from those drawings, however minor, which were incorporated in the work, including all additional work not appearing on the contract drawings, and all changes which are made after any final inspection of the contract work. In the event the Contractor accomplished additional work which changes the as-built conditions of the facility after submission of the final as-built drawings, the Contractor shall furnish revised or additional drawings as required to depict final as-built conditions. The requirements for these additional drawings will be the same as for the as-built drawings specified in this paragraph.

B.

Preliminary As-Built Drawings: The Contractor shall maintain a full size set of contract drawings for depicting a daily record of as-built conditions. The drawings shall be maintained in a current condition at all times during the entire contract period and shall be readily available for review by the COTR at all times. These drawing shall be updated daily by the Contractor showing all changes from the contract plan which are made in the work, or additional information which might be uncovered in the course of construction. The Contractor shall record this information on the prints accurately and neatly by means of details and notes. The As-Built Drawings shall show, but not be limited to, the following details: 1.

The location and description of any utility lines or other installations of any kind or description known to exist within the construction area. The location includes dimensions of permanent features.

2.

The location and dimension of any changes within the building or structure, and the accurate location and dimension of all underground utilities and facilities.

3.

Correct grade or alignment of roads, structures, or utilities if any changes were made from contract plans.

4.

Correct elevations if changes were made in site grading.

5.

Changes in details of design or additional information obtained from working drawing specified to be prepared or furnished by the Contractor, including but not limited to fabrication, erection, installation and placing

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 details, pipe sizes, insulation material, and dimension of equipment foundations.

C.

6.

The topography and grades of all drainage installed or affected as part of the project construction.

7.

All changes or modifications of the original design that result from final inspection.

8.

Where Contract Drawing or Specifications allow options, only the option actually used in the construction shall be shown on the as-built drawings. The option not used shall be deleted.

Submittals of As-Built Drawings: The Contractor shall submit to COTR for review and approval all As-Built Drawings using the following procedure: 1. Deliver two (2) copies of the preliminary As-Built marked prints to the COTR at the time of final inspection of each facility for review and approval. 2. If upon review of the preliminary As-Built Drawings, the COTR finds errors or omissions, the COTR will return the drawings to the Contractor for corrections. The Contractor shall complete the corrections and return the drawings to the COTR within ten (10) calendar days. 3. After approval, the COTR will return one (1) copy of the As-Built marked up print, along with the original contract Mylar to the Contractor for use in preparation of the final As-Built Drawings. 4. The Contractor shall incorporate the information from the approved preliminary As-Built Drawings into the final As-Built mylar in a neat, accurate and professional manner and deliver the same to the COTR. 5. The Contractor, as a condition precedent to execution of the certificate of Contract Completion, release of retainage and final payment, shall provide all Project record documents to the Architect, through the Construction Manager, for approval, which may include, without limitation:

D.

Draftsmanship: The Contractor shall employ only personnel proficient in the preparation of engineering drawings to standard, who are satisfactory and acceptable to the COTR to modify reproducible contract mylar or prepare new drawings. All additions and corrections the Contractor makes to the contract mylar shall be neat, clean, and legible and shall match the adjacent existing line work or lettering annotated in type, density, size and style. The Contractor shall prepare all pencil work with plastic drawing lead suitable for use on mylar material, and shall use the grade of lead that will produce a sharp clear heavy black line similar to ink.

E.

Final As-Built Drawings: Upon completion of the Work, the Contractor shall organize the As-Built Drawings into manageable sets, bind the sets with durable paper cover sheets, certify to the accuracy of the As-Built Drawings by signature thereon, and deliver the As-Built Drawings to the Architect, through the

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Construction Manager. The Contractor shall letter or stamp the final revisions to the As-Built drawings with the words “RECORD DRAWING” in letters at least 3/8 inch high placed above the title block, if space permits; if not, below the title block between the border and the trim line. The date of completion and the words “REVISED AS-BUILT” shall be placed in the revision block above the latest existing revision notation. The COTR will not permit markings on the reverse side of the drawings. The Contractor shall use the following details for labeling, sizing and formatting the drawings:

1.

Title block to be used for any new as-built drawings shall be similar to that used on the original drawings.

2.

New or added drawings shall be full size to match the overall dimensions of the Government supplied mylar.

3.

The COTR will review any final as-built drawings for accuracy and conformance to the drafting standard and other requirement contained in this and other sections. The Contractor shall make all corrections, changes, additions, and deletions required to meet these standards.

4.

The Contractor shall complete and return the final as-built record drawings (mylar) and return the same to the COTR within sixty (60) calendar days after the final inspection of the facility to which the drawings apply, unless additional time is granted by the COTR.

5.

If the District furnishes the original contract drawings in digital format the Contractor shall submit the as-built drawings on CD (3 copies) using the latest version of AutoCAD.

5.

The Owner may thereafter use the Record Drawings for any purpose relating to the Project including, without limitation, additions to or completion of the Project.

H.38 51% DISTRICT RESIDENTS NEW HIRES/FIRST SOURCE EMPLOYMENT AGREEMENT: H.38.1

The Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code, sec. 2-219.01 et seq. (“First Source Act”).

H.38.2

The Contractor shall enter into and maintain, during the term of the contract, a First Source Employment Agreement, Attachment J.4, in which the Contractor shall agree that:

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. The first source for finding employees to fill all jobs created in order to perform this contract shall be the Department of Employment Services (“DOES”); and 2.

H.38.3

The first source for finding employees to fill any vacancy occurring in all jobs covered by the First Source Employment Agreement shall be the First Source Register.

The Contractor shall submit to DOES, no later than the 10th each month following execution of the contract, a First Source Agreement Contract Compliance Report (“contract compliance report”) verifying its compliance with the First Source Agreement for the preceding month. The contract compliance report for the contract shall include the: 1.

Number of employees needed;

2.

Number of current employees transferred;

3.

Number of new job openings created;

4.

Number of job openings listed with DOES;

5.

Total number of all District residents hired for the reporting period and the cumulative total number of District residents hired; and

6.

Total number of all employees hired for the reporting period and the cumulative total number of employees hired, including; a. b. c. d. e. f.

Name; Social Security number; Job title; Hire date; Residence; and Referral source for all new hires.

H.38.4

If the contract amount is equal to or greater than $100,000.00, the Contractor agrees that 51% of the new employees hired for the contract shall be District residents.

H.38.5

With the submission of the Contractor’s final request for payment from the District, the Contractor shall: 1.

Document in a report to the Contracting Officer its compliance with the section H.38.3 of this clause; or

2.

Submit a request to the Contracting Officer for a waiver of compliance with section H.38.3 and include the following documentation:

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 a.

Material supporting a good faith effort to comply;

b.

Referrals provided by DOES and other referral sources;

c.

Advertisement of job openings listed with DOES and other referral sources; and

d.

H.38.6

Any documentation supporting the waiver request pursuant to section H.38.3.

The Contracting Officer may waive the provisions of section H.38.3 if the Contracting Officer finds that: a.

A good faith effort to comply is demonstrated by the Contractor;

b.

The Contractor is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Area which includes the District of Columbia; the Virginia Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpepper, Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia Counties of Berkeley and Jefferson.

c.

The Contractor enters into a special workforce development training or placement arrangement with DOES; or

d.

DOES certifies that there are insufficient numbers of District residents in the labor market possessing the skills required by the positions created as a result of the contract.

H.38.7

Upon receipt of the Contractor’s final payment request and related documentation pursuant to sections H.38.3 and H.38.3, the Contracting Officer shall determine whether the Contractor is in compliance with section H.38.4 or whether a waiver of compliance pursuant to section H.38.3 is justified. If the Contracting Officer determines that the Contractor is in compliance, or that a waiver of compliance is justified, the Contracting Officer shall, within two business days of making the determination forward a copy of the determination to the Agency Chief Financial Officer (CFO) and the COTR.

H.38.8

Willful breach of the First Source Employment Agreement, or failure to submit the report pursuant to section H.38.4, or deliberate submission of falsified data, may be enforced by the Contracting Officer through imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract. The

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Contractor shall make payment to DOES. The Contractor may appeal to the D.C. Contract Appeals Board as provided in the contract any decision of the Contracting Officer pursuant to this section H.38.3. H.38.9

The provisions of sections H.38.3 through H.38.3 do not apply to nonprofit organizations.

H.39 AUDITS, RECORDS, AND RECORD RETENTION: H.39.1

At any time or times before final payment and three (3) years thereafter, the Contracting Officer may have the Contractor’s invoices or vouchers and statements of cost audited. Any payment may be reduced by amounts found by the Contracting Officer not to constitute allowable costs as adjusted for prior overpayment or underpayment. In the event that all payments have been made to the Contractor by the District Government and an overpayment is found, the Contractor shall reimburse the District for said overpayment within thirty (30) days after written notification.

H.39.2

The Contractor shall establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the District under the contract that results from this solicitation.

H.39.3

The Contractor shall retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the contract for a period of five (5) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of the contract.

H.39.4

The Contractor shall assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, District, or other personnel duly authorized by the Contracting Officer.

H.39.5

Persons duly authorized by the Contracting Officer shall have full access to and the right to examine any of the Contractor’s contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained.

H.39.6

The Contractor shall include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.

H.40 PUBLICITY: The Contractor shall at all times obtain the prior written approval from the Contracting Officer before the Contractor, any of its officers, agents, employees or subcontractor, either during or after expiration or termination of the contract,

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 make any statement, or issue any material, for publication through any medium of communication, bearing on the work performed or data collected under this contract. H.41

FREEDOM OF INFORMATION ACT: The District of Columbia Freedom of Information Act, at D.C. Official Code § 2532 (a-3), requires the District to make available for inspection and copying any record produced or collected pursuant to a District contract with a private Contractor to perform a public function, to the same extent as if the record were maintained by the agency on whose behalf the contract is made. If the Contractor receives a request for such information, the Contractor shall immediately send the request to the COTR designated in subsection G.8 who will provide the request to the FOIA Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom of Information Act. If the agency with programmatic responsibility receives a request for a record maintained by the Contractor pursuant to the contract, the COTR will forward a copy to the Contractor. In either event, the Contractor is required by law to provide all responsive records to the COTR within the timeframe designated by the COTR. The FOIA Officer for the agency with programmatic responsibility will determine the reliability of the records. The District will reimburse the Contractor for the costs of searching and copying the records in accordance with D.C. Official Code § 2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations.

H.42 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA): During the performance of the contract, the Contractor and any of its subcontractors shall comply with the ADA. The ADA makes it unlawful to discriminate in employment against a qualified individual with a disability. See 42 U.S.C. 12101 et seq. H.43 SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED: During the performance of the contract, the Contractor and any of its subcontractors shall comply with Section 504 of the Rehabilitation Act of l973, as amended. This Act prohibits discrimination against disabled people in federally funded program and activities. See 29 U.S.C. 794 (l983) et seq.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 PART II SECTION I: CONTRACT CLAUSES I.1

APPLICABILITY OF STANDARD CONTRACT PROVISIONS: The Standard Contract Provisions For Use With Specifications for District of Columbia Government Construction Projects, dated 1973 and amendments thereto are incorporated herein by reference, with the same force and effect as if given in full text.

I.2

I.3

DEPARTMENT OF LABOR WAGE DETERMINATIONS: A.

The Contractor shall be bound by the Wage Determination No. DC080003 dated 12/19/2008 issued by the U.S. Department of Labor for Building Construction contracts and incorporated herein as Attachment J.4 of this solicitation. The Contractor shall be bound by the wage rates for the term of the Contract.

B.

In accordance with the applicable provisions of 29 CFR, Part 1, which requires the correct wage determination and the appropriate wage rates therein, is incorporate into this contract, General Wage Decision No. DC080003 dated 12/19/2008 is bound herein and contains the specific applicable wage rates, which are Building Construction Rates.

C.

Further, as set forth in 29 CFR, Part 1, Section 1.6 (c) (3) (IV), if the intent to award letter is not issued within ninety (90) days of bid opening, all intervening modifications (or new wage decision) are made a part of this contract. The Contractor will be reimbursed this added labor cost.

CONFLICT OF INTEREST: A.

No official or employee of the District of Columbia or the Federal Government who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this contract shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in the contract or proposed contract. (DC Procurement Practices Act of l985, D.C. Law 6-85, D.C. Official Code Section 2-310.01, and Chapter 18 of the DC Personnel Regulations).

C.

The Contractor represents and covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants not to employ any person having such known interests in the performance of the contract.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 I.4 EQUAL EMPLOYMENT OPPORTUNITY: In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity Information Report are incorporated in Section K. An award cannot be made to any Bidder who has not satisfied the equal employment requirements as set forth by the Department of Small and Local Business Development. I.5

INSURANCE: A.

GENERAL REQUIREMENTS. Prior to commencement of any work under this Contract, and in addition to other insurance bonds or securities required by law or under the Contract terms, the Contractor shall procure and maintain during the life of the Contract, the following types of insurance: 1. The Contractor shall purchase and maintain such liability and other insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's performance or obligations under the Plans and Specifications, whether due to action or inaction by the Contractor or any person for whom the Contractor is responsible. The Contractor shall furnish evidence satisfactory to the Contracting Officer with respect to the operations performed by it, its employees and subcontractor, it carries in its own behalf, Owners’ and Contractors’ Protective Liability Insurance. If this Contract is for building construction, the Commercial General Liability policy must be endorsed to include coverage for Explosion, Collapse and Underground (XCU). The policy must name the District as an additional insured, contain a waiver of subrogation, and state that coverage is primary and noncontributory. 2. Claims under workers' compensation, occupational sickness or disease, disability benefit and other similar employee benefit acts; 3. Claims for damages because of bodily injury, disease, illness, death or personal injury, and other claims usually covered by bodily injury liability insurance; 4. Claims for damages because of injury to or destruction of property and other claims usually covered by property damage liability insurance. 5. Commercial General Liability policy and Business Automobile Liability policy to provide insurance and limits as indicated below. An umbrella or Excess Liability policy may be used to reach such limits. Policy Limits -Commercial General Liability $2.000,000 General Aggregate $2,000.000 Products Completed Operations Aggregate $1.000,000 Occurrence Limit $1.000,000 Personal and Advertising injury Limit

$100.000 Fire Legal Liability Limit

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 $25,000 Medical Payments Policy Limits -Business Automobile $500.000 Combined Single Limit

B.

6.

Umbrella/Excess Liability. Contracts valued at over $100,000.00 or determined to be high risk must carry Umbrella/ Excess Liability Insurance with $5,000,000.00 limits per occurrence. The policy must name the District as an additional insured, contain a waiver of subrogation, and state that coverage is primary and non-contributory. If properties adjacent to the building site present unusual or hazardous conditions, higher Umbrella/ Excess Liability limits may be required.

7.

Workers’ Compensation. The Contractor shall carry according to the statutes of the District of Columbia workers' compensation insurance covering all of its employees employed upon the premises and in connection with its other operations pertaining to this Contract, including Employer’s Liability, $100,000.00 per accident for injury, $100,000 per employee for disease, $500,000.00 policy limit disease. The policy must contain a waiver of subrogation endorsement. The Contractor agrees to comply, at all times, with the provisions of the workers' compensation laws of the District.

8.

Automobile Liability Insurance. The Contractor shall furnish automobile liability insurance to cover all owned, hired or non-owned motor vehicles used in conjunction with the project. The policy shall cover the operations performed in the District with a $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. The policy coverage shall be Primary and Non-Contributory.

9.

Builder’s Risk Insurance. When a Contractor is involved solely in the installation of materials and equipment and not in new building construction, the Contractor shall purchase and maintain either a Builder's Risk, Builder's Risk-Renovations, or Installation Floater insurance policy. Contractor shall provide a Builder’s Risk policy or Installation Floater with limits equal to the projected market value of the completed project to cover property damage to existing facilities at the site. This policy is not required for contracts involving demolition only.

10.

Professional E&O Liability. (This clause is not applicable to this contract). All design and design/build contracts must procure Professional Errors and Omissions (Architect’s & Engineer’s) Liability Insurance to cover architectural, engineering, construction management, surveying, hazardous materials testing, and design services performed under this Contract. The policy must provide limits of $1,000,000.00 per claim and a $3,000,000.00 aggregate. The Contractor shall maintain such insurance for five (5) years following the District’s final acceptance of the work. The policy will cover the Design/Builder, its subcontractor and subcontractors of every tier, and shall identify the District as the Project Owner on the policy.

INSURANCE POLICY REQUIREMENTS

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 1. Each policy of insurance required to be purchased and maintained by the Contractor shall name the State as an additional insured and each policy and respective Certificate of Insurance shall expressly provide that no less than 30 days prior written notice shall be given to DCPL in the event of cancellation, non-renewal, expiration or material alteration of the coverage contained in such policy or evidenced by such Certificate of Insurance. 2. The Contractor shall furnish DCPL, when requested, a certified copy of any insurance or additional insured endorsement required to be purchased or maintained by the Plans and Specifications. In no event shall any failure of DCPL to demand a certified copy of any required insurance or insured endorsement be construed as a waiver of the obligation of the Contractor to obtain insurance required to be purchased or maintained by the Plans and Specifications. 3. The Contractor shall maintain all insurance in the required amounts, without interruption, from the date of the execution of the Contract until the date of approval of the certificate of Contract Completion by DCPL Failure to maintain the required insurance during the time specified shall be cause for termination of the Contract. 4. Insurance policies required to be purchased and maintained by the Contractor may include a reasonable loss deductible, which shall be the responsibility of the Contractor to pay in the event of loss. 5. The prompt repair or reconstruction of the Work as a result of an insured loss or damage shall be the Contractor's responsibility and shall be accomplished at no additional cost to the State. C.

WAIVERS OF SUBROGATION 1. DCPL and the Contractor waive all rights against each other for damages caused by fire or other perils to the extent of actual recovery of any insurance proceeds under any property insurance obtained pursuant to this Article or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.

D.

CERTIFICATE OF INSURANCE. The Contractor must submit verification of insurance on a standard Certificate of Insurance Associate for Cooperative Operations Research and Development (ACORD) form and receive approval from the Contracting Officer prior to commencement of any work. The Contractor shall obtain the insurance from responsible companies licensed by the District of Columbia's Department of Banking, Insurance and Securities Regulation and shall deliver the certificate of insurance to the Contracting Officer within fourteen (14) days of contract award. The policies of insurance shall provide for at least thirty (30) days written notice to the Contracting Officer prior to their termination or material alteration.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 E. DURATION. The Contractor shall carry all insurance until all contract work is accepted by the District. Each insurance policy shall contain a binding endorsement that: The insurer hereby warrants and agrees that it shall not cancel this policy, except after thirty (30) days written notice, by certified mail, to the Contracting Officer.

I.6

F.

CONTRACTOR’S PROPERTY. Contractors and subcontractor are solely responsible for any loss or damage to their personal property, including owned and leased equipment, whether such equipment is located at a project site or “in transit”. This includes Contractor tools and equipment, scaffolding and temporary structures, and rented machinery, storage sheds or trailers placed on the project site.

G.

MEASURE OF PAYMENT. The District will not make any separate measure or payment for the cost of insurance and bonds. The Contractor shall include all of the costs of insurance and bonds in the lump sum bid price.

ANTI-DISCRIMINATION CLAUSE: The Contractor:

I.7

1.

Shall not discriminate in any manner against any employee or applicant for employment in violation of Section 211 of the District of Columbia Human Rights Act (DC Law 2-38; DC Official Code Section 2-1402.11);

2.

Shall include a similar clause in every subcontract, except subcontracts for standard commercial supplies or raw materials;

3.

Shall, along with all subcontractor, post in a conspicuous place available to employees and applicants for employment, a notice setting forth the provisions of the anti-discrimination clause set out in Section 251 of the District of Columbia Human Rights Act (DC Official Code Section 2-1402.51).

PRE-AWARD APPROVAL: In accordance with D.C. Official Code 2-301.05a any contract over one million dollars over a 12- month period must be approved by the D.C. Council before the award.

I.8

DISPUTES: A.

All disputes arising under or relating to this contract shall be resolved as provided herein.

B.

Claims by a Contractor against the District. Claim, as used in Section B of this clause, means a written assertion by the Contractor seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 (a) All claims by a Contractor against the District arising under or relating to a contract shall be in writing and shall be submitted to the Contracting Officer for a decision. The Contractor’s claim shall contain at least the following: (1) A description of the claim and the amount in dispute; (2) Any data or other information in support of the claim; (3) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and (4) The Contractor’s request for relief or other action by the contracting officer. (b)

The Contracting Officer may meet with the Contractor in a further attempt to resolve the claim by agreement.

(c)

For any claim of $50,000.00 or less, the Contracting Officer shall issue a decision within sixty (60) calendar days from receipt of a written request from a Contractor that a decision is rendered within that period.

(d)

For any claim over $50,000.00, the Contracting Officer shall issue a decision within ninety (90) calendar days of receipt of the claim. Whenever possible, the Contracting Officer shall take into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the Contractor.

(e)

The Contracting Officer’s written decision shall do the following: (1) (2) (3) (4)

(5)

(6)

(7)

(f)

Provide a description of the claim or dispute; Refer to the pertinent contract terms; State the factual areas of agreement and disagreement; State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding; If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted; Indicate that the written document is the contracting officer’s final decision; and

Inform the Contractor of the right to seek further redress by appealing the decision to the Contract Appeals Board.

Any failure by the Contracting Officer to issue a decision on a contract claim within the required time period will be deemed to be a denial of the claim, and will authorize the commencement of an appeal to the Contract Appeals Board as authorized by D.C. Official Code § 2-309.04.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 (g) (1) If a Contractor is unable to support any part of his or her claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the Contractor, the Contractor shall be liable to the District for an amount equal to the unsupported part of the claim in addition to all costs to the District attributable to the cost of reviewing that part of the Contractor’s claim. (2)

Liability under paragraph (9)(1) shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud.

(h)

The decision of the Contracting Officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced by the Contractor as authorized by D. C. Official Code § 2-309.04.

(i)

Pending final decision of an appeal, action, or final settlement, a Contractor shall proceed diligently with performance of the contract in accordance with the decision of the Contracting Officer.

C. Claims by the District against a Contractor (a)

Claim as used in Section C of this clause, means a written demand or written assertion by the District seeking, as a matter of right, the payment of money in a sum certain, the adjustment of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant.

(b) (1) The Contracting Officer shall decide all claims by the District against a Contractor arising under or relating to a contract. (2)

The Contracting Officer shall send written notice of the claim to the Contractor. The Contracting Officer’s written decision shall do the following: (a)

Provide a description of the claim or dispute;

(b)

Refer to the pertinent contract terms;

(c)

State the factual areas of agreement and disagreement;

(d)

State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding;

(e)

If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted;

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 (f) Indicate that the written document is the Contracting Officer’s final decision; and (g)

Inform the Contractor of the right to seek further redress by appealing the decision to the Contract Appeals Board.

(3)

The decision shall be supported by reasons and shall inform the Contractor of his or her rights as provided herein.

(4)

The authority contained in this clause shall not apply to a claim or dispute for penalties or forfeitures prescribed by statute or regulation which another District agency is specifically authorized to administer, settle, or determine.

(5)

This clause shall not authorize the Contracting Officer to settle, compromise, pay, or otherwise adjust any claim involving fraud.

(c) The decision of the Contracting Officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced by the District as authorized by D.C. Official Code §2-309.04. (d) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently with performance of the contract in accordance with the decision of the Contracting Officer. I.9

CONFIDENTIALITY OF INFORMATION: The Contractor shall keep all the information obtained relating to any employee or customer of the District in absolute confidence, and shall not use it in connection with any other matters, or disclose it to any other person, firm, or corporation, in accordance with the District and Federal laws governing the confidentiality of records.

I.10

TIME: Time or performance period, if stated in number of days, shall mean calendar days which that includes Saturdays, Sundays, and holidays, unless stated otherwise therein.

I.11

OTHER CONTRACTORS : The Contractor shall not commit or permit any act that will interfere with the performance of work by another District Contractor or by any District employee.

I.12

INCORPORATION AND ORDER OF PRECEDENCE: The following documents are incorporated herein by reference and in case of any discrepancy the following Order Of Precedence shall apply: (1) Schedule For

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 Construction, Alteration, Repairs Prices (Section-B), (2) Scope, Specifications, Drawings (Section C, and Attachments J.1 and J.2), (3) Special Contract Requirements (Section H), (4) Contract Clauses (Section I), (5) US-DOL Wage Determination Rates (AttachmentJ.4), and (6) Standard Contract Provisions for use with Construction Projects dated 1973, as amended. ( J.8) I.13

CONTRACTS IN EXCESS OF $1 MILLION DOLLARS: Any contract in excess of $l,000,000.00 shall not be binding or give rise to any claim or demand against the District until approved by the Council of the District of Columbia, and signed by the Contracting Officer.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 PART III SECTION J: LIST OF ATTACHMENTS J.1

J.2

Georgetown Neighborhood Library 100% Construction Drawings and Specifications (Available on CD) Bid Package Scope Descriptions BP 07: SITE PAVING, UNIT PAVERS AND SITE UTILITIES BP 08: SITE FURNISHINGS AND LANDSCAPING BP 09: MISCELLANEOUS AND ORNAMENTAL METALS BP 10: THERMAL AND MOISTURE PROTECTION, ROOFING BP 11: ELEVATOR SYSTEMS BP 14: UNIT MASONRY AND STONE WORK BP 15: HISTORIC RESTORATION BP 16: STILE & RAIL DOORS, MILLWORK AND FINISH CARPENTRY BP 17: DOORS, FRAMES, HARDWARE, SPECIALTIES & ASSOCIATED CARPENTRY BP 18: GLASS AND GLAZING BP 19: FURNITURE, FIXTURES AND EQUIPMENT BP 20: PLASTER, DRYWALL, FIREPROOFING AND CEILING SYSTEMS BP 21: TILE, CORK, CARPET AND RESILIENT FLOOR SYSTEMS BP 22: PAINTING AND WALLCOVERING

J.3

First Source Employment Agreement

J.4

Required Labor Contract Provisions

J.5

Wage Determination Number DC080003

J.6

Small and Local Business Opportunity Commission Certification Package – Part of Solicitation

J.7

Hazmat Survey and Phase 1 ESA – FOR INFORMATION ONLY – (Available on CD)

J.8

Salvage, Preserve & Protect Set, August 13, 2008 – FOR INFORMATION ONLY) – (Available on CD)

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

ATTACHMENT J.1 Technical Specifications and Drawings (Available on CD)

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

ATTACHMENT J.2 Bid Package Scopes of Work – BP 07 thru BP 11 and BP 14 thru BP 22 (AVAILABLE ON CD – And Section C of this Solicitation)

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-07 SITE PAVING, UNIT PAVERS AND SITE UTILITIES SCOPE OF WORK DESIGNATED 100% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT

DEFINITION OF PROJECT AREA: The Scope of Work includes the site utilities work and site paving features at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. SITE PAVING, UNIT PAVERS AND SITE UTILITIES PACKAGE Contractor shall be responsible for labor, material and equipment for all site paving and site utilities at the site of the Georgetown Neighborhood Library as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 2 – Site Construction 02080 Piped Utilities 02239 Site Clearing (As applicable to your work) 02260 Excavation Support and Protection 02300 Earthwork (As applicable to your work) 02510 Water Distribution 02530 Sanitary Sewerage 02630 Storm Drainage 02751 Cement Concrete Pavement 02764 Pavement Joint Sealants 02780 Unit Pavers 02761 Porous Unit Paving Division 7 – Thermal and Moisture Protection 07920 Joint Sealants (As applicable to your work) 1. 2. 3. 4. 5.

Furnish and install erosion and sediment control measures as detailed and required by the District of Columbia and shown on the documents. Relocate existing chain link fence, connect to the existing pavers and relocate the existing benches at the adjacent Book Hill Park. Excavation , backfill and compaction as required to perform the work of this contract. Rough grade for all paving and upon completion of all site utilities work grade to be left +/- 0.2’ (foot). Furnish and install new domestic water and fire pipe from water main in street to new library Water Room location. Tap existing water main location in and provide valves and other required fittings. Domestic and Fire water lines are to be extended to with-in 5’-0” of the building. Include Underpinning/support of existing structures or utilities in order to complete the Work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 6. Flushing and chlorination of water lines as required. 7. Furnish and install new sanitary sewer line from main to within 5’-0” of building. 8. Furnish and install new storm sewer line from main to within 5’-0” of building. Work to include all structures and storm vaults. 9. Restore existing street paving (both temporary and permanent), sidewalks, curb and gutter all to final acceptance, with provisions for flagmen, traffic control, temporary paving, steel plates or any other necessary provisions for the completion of the work. The traffic control plan must be approved prior to performing of the work. Implementation of the traffic control plan based on approved (M&J) traffic control plan. 10. Furnish and install all indicated manholes, meters, valves, boxes, hydrants, cleanouts, vaults, grate inlets, trench drains, etc as specified. 11. Removal and disposal of existing sidewalks and paving as indicated or required. 12. Demolish and removal of existing catch basins and/or manholes not to remain or interfering with new storm system design. 13. Remove and/or cap existing water, sewer, storm and gas lines that are being abandoned. 14. Demolish existing partial concrete paving and walks, brick walks, and curbs not intended to remain and interfering with new paving design. 15. Build lower terrace grass stairs with oversized brick riser edge and reinforced concrete footings. 16. Furnish and install concrete and granite curbs as indicated. 17. Furnish and install concrete walks, roads and miscellaneous paving systems per civil and landscaping details, including all required expansion and control joints. 18. Furnish and install reinforcing steel and mesh as shown and required. 19. Furnish and install brick and flagstone paving including stone and concrete subbase or other foundation as required. Repair existing brick and stone paving to restore to like original condition. 20. Furnish and install precast wheel stops at parking. 21. Furnish and install sidewalk handicapped ramps as indicated. 22. Furnish and install bluestone paving including subbase. 23. Furnish and install limestone treads, risers and pavers, to match existing. 24. Furnish and install permeable/porous concrete unit paving system including subbase and underdrains. 25. Provide pavement joint sealants as specified. 26. Provide all indicated parking stall, directional or other painting on pavement. 27. Install pipe bollards furnished by others. Installation includes concrete base and fill. 28. This Contractor is to clean the street as required to remove any dirt or dust tracked onto the street from his operations. 29. Install embedded items in the work provided by others. 30. Hoisting as required for this work 31. This Contractor is to coordinate the tapping of the water and sewer lines with the proper authorities, including performing this work after hours or on weekends. 32. Provide any Independent Testing & Inspection Services required for this Work, including but not limited to materials testing and inspections; 33. During the period of this work, contractor agrees that all employees must be experienced in performing the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 34. Contractor shall remove and transport debris resulting from erection operations and materials off site Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 35. Contractor to obtain and pay for any permits or fees as required for this work, including public space permits. 36. This Contractor to include multiple mobilizations for performing this work. 37. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 38. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 39. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th , 2008 addendum. 40. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 41. Provide labor for incidental project clean-up 42. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 43. Engineering, site survey and layout for this Work including field measuring as required .. 44. Provide construction progress documentation & photographs, including existing building pre-construction condition documentation. 45. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 46. Submittals will be required for approval prior to execution of the work. 47. As-built drawings. Exclusions 1. 2. 3.

Foundation drain tile Fine grading Painting of pipe bollards

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-08 SITE FURNISHINGS AND LANDSCAPING SCOPE OF WORK DESIGNATED 35% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the site furnishings and landscaping features at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. SITE FURNISHINGS AND LANDSCAPING PACKAGE Contractor shall be responsible for labor, material and equipment for all landscaping and site furnishings at the site of the Georgetown Neighborhood Library as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 2 – Site Construction 02230 Site Clearing 02231 Tree Protection and Trimming 02300 Earthwork (As applicable for your work) 02870 Site Furnishings 02920 Lawns and Grasses 02930 Exterior Plants 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Furnish and install benches, trash receptacles, precast concrete planters, bike racks, , including any required foundations for the same. Public space permit as required for the work. Any co-ordination required with the adjacent Book Hill Park. Provide miscellaneous landscape remediation to clear existing trees, stumps, shrubs and/or groundcover not intended to remain. Provide fine grading as required for the work of this contract. Furnish and install topsoil and mulch as specified. Seed lawn areas as specified. Restore any lawn areas damaged by excavation, site utility or other construction work. Protect any existing canopy trees to remain. Furnish and install new trees, shrubs, plants, perennial, grasses and groundcover materials in quantities, species, locations, spacing and sizes indicated. Locate and verify all underground utilities prior to installation of any plant material. Coordinate the work of this contract with all other trades in progress. Furnish and install any miscellaneous planting bed materials including but not limited to root barriers, edging, planting soil mix, and mulch. Stabilize any newly planted trees with stakes and wire as specified.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 14. Prune shrubs and trees as indicated to natural shape. Thin foliage or branches as necessary. 15. Provide watering & maintenance of installations until project substantial completion & building turnover to DCPL or longer per Specification Section 02920 and 02930. 16. Hoisting as required for this work. 17. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; 18. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 19. Contractor shall remove and transport debris resulting from erection operations and materials off site. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 20. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 21. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 22. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th , 2008 addendum. 23. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 24. Provide labor for incidental project clean-up 25. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 26. Engineering, site survey and layout for this Work. 27. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 28. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 29. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-09 MISCELLANEOUS AND ORNAMENTAL METALS SCOPE OF WORK DESIGNATED 10% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the new miscellaneous metals and ornamental metals work at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. MISCELLANEOUS AND ORNAMENTAL METALS Contractor shall be responsible for labor, material and equipment for all metal fabrications, ornamental metal stairs, ornamental and pipe and tube railings and other ornamental metal fabrications at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 2 – Site Construction 02826 Ornamental Metal Fences and Gates Division 5 – Metals 05500 Metal Fabrications 05511 Metal Stairs 05521 Pipe and Tube Railings 05700 Ornamental Metal 05710 Monumental Stairs and Railings 05720 New Cast-Iron Railings to Match Historic 05721 Ornamental Railings 1. 2. 3. 4.

5. 6.

7.

Furnish and install new ornamental metal and glass guard and hand rail at monumental staircases S1 and S3. Pan stair S2 including landing and railing is not part of this work scope and will be done by others. Furnish and install additional wrought iron site rails, fence and gates to replicate existing sample of historic wrought iron fence, gates and handrail. Removal and disposal of the existing wrought iron fence and gates and all preparation work required for the new fence including cleaning and/or redrilling and grouting existing holes. Furnish and install miscellaneous handicapped ramp wall rails. Furnish and install new miscellaneous metal fabrications including but not limited to elevator pit ladders, toilet partition supports, countertop supports, window guard types A and B, ships ladders, pipe guards, corner guards, equipment supports and gratings, stair nosings, and pan-filled stairs as indicated and not generally considered part of structural steel systems. Elevator hoist beam and accessories, 1/A9.00.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 8. Support steel for VON Door and other rolling grilles. 9. Furnish deliver and unload pipe bollards. Bollards to be installed by others. 10. Hoisting as required for this work. 11. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; 12. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 13. Contractor shall coordinate this work with other work in progress. 14. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 15. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 16. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 17. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 18. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th , 2008 addendum. 19. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 20. Provide labor for incidental project clean-up 21. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 22. Engineering, site survey and layout for this Work including any required field measurements. 23. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 24. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 25. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-10 THERMAL AND MOISTURE PROTECTION, ROOFING SCOPE OF WORK DESIGNATED 50% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the roofing, waterproofing, and caulking at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. ROOFING, SHEETMETAL AND WATERPROOFING Contractor shall be responsible for labor, material and equipment all new roofing and waterproofing systems including but not limited to slate shingles, Hardi-Plank wall systems, roof insulation, roof accessories and sheet metal flashings, panels and trim at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 6 – Wood and Plastics 06105 Miscellaneous Carpentry (As applicable for this work) 06160 Sheathing (As applicable for this work) Division 7 – Thermal and Moisture Protection 07123 Cold Fluid-Applied Waterproofing 07131 Self-adhering Sheet Waterproofing 07140 Cold Fluid-Applied Waterproofing 07162 Crystalline Waterproofing 07271 Self-adhering Sheet Air Barriers 07315 Slate Shingles 07620 Sheet Metal Flashings and Trim 07920 Joint Sealants (As applicable for this work) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Furnish and install roof insulation and underlayment materials as specified Furnish and install rough carpentry blocking and/or sheathing as required or as indicated in the drawings and specifications. Furnish and install marine grade plywood on top of cornice. (See detail 10/A3.20) Furnish and install complete roofing system at masonry HVAC out-building and trash shed including patching of the existing slate roof. Furnish and install wood parapet blocking Furnish and install copper cupola wall systems, roofing, flashing, gutters, downspouts, cornice assemblies and trim Furnish and install Hardi-Plank siding systems as specified Furnish and install slate shingles Furnish and install all expansion joints and flashings as required for the new additions to tie into the existing building to maintain a weather tight enclosure. Furnish and install flashing and gutter at cornice see Detail 10/A-3.20.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 11. Furnish and install flashing around roof penetrations 12. Furnish and install metal coping on HVAC screenwall. 13. Furnish and install self-adhering sheet, crystalline and terrace waterproofing systems as appropriate and as specified. 14. Furnish and install roof accessories. 15. Furnish and install caulking and sealants as specified to provide air and water tight transitions between building enclosure materials. Interior (painter’s) caulk shall be provided by others. 16. Hoisting as required for this work. 17. Independent Testing & Inspection Services required for this Work, including materials testing, weld and connection testing and inspections; 18. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 19. Contractor is required to provide pre-existing surveying (photographs or video taping). 20. Contractor shall coordinate this work with other work in progress. 21. Work to remove the existing temporary roof structure is not in this contract. 22. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 23. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 24. Contractor shall comply with all identified specification and performance requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 25. In the area where proposed protection and/or removal may conflict with existing utilities, Contractor shall take all necessary precautions to avoid damage to said utilities. 26. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 27. Contractor shall submit bids detailing their proposed means and methods for this scope of work, and shall include evidence of their experience with similar projects as well as references who may be contacted by the Client. 28. Provide labor for incidental project clean-up 29. Miscellaneous temporary roof protection of existing conditions during construction, to begin immediately as roof structure is installed, as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 30. Engineering, site survey and layout for this Work. 31. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 32. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 33. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-11 ELEVATOR SYSTEMS SCOPE OF WORK DESIGNATED 10% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the elevator work for the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. ELEVATOR Contractor shall be responsible for labor, material and equipment for the elevator at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 7 – Thermal and Moisture Protection 07841 Through- penetration Firestop Systems 07920 Joint Sealants (As applicable for your work) Division 14 – Conveying Systems (Complete) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

12.

Caulking and sealing all wall and floor penetrations required for this work. Firestopping all wall and floor penetrations in fire rated walls and floors as required for this work. Furnish and install all sleeves and inserts for concrete floors and walls as required for this work. Hydraulic elevator with all accessories and cab finishes as indicated. Slurry and spoils from the drilling of the cylinder to be removed from building. Rails, rail brackets and supports. Hoisting as required for this work. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; During the period of this work, contractor agrees that all employees must be experienced in performing the work. Contractor shall coordinate this work with other work in progress. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 13. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 14. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 15. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 16. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 17. Provide labor for incidental project clean-up 18. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 19. Engineering, site survey and layout for this Work including any required field measurements. 20. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 21. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 22. Submittals will be required for approval prior to execution of the work

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-14 UNIT MASONRY AND STONEWORK PACKAGE SCOPE OF WORK DESIGNATED 50% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the unit masonry and stone work features at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. UNIT MASONRY AND STONE WORK PACKAGE Contractor shall be responsible for labor, material and equipment for all masonry and stone work at the site, interior and exterior of the Georgetown Neighborhood Library as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 4 – Masonry 04810 Masonry Assemblies 04860 Stone Masonry Division 7 – Thermal and Moisture Protection 07920 Joint Sealants (As applicable for your work) 1.

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

Furnish and install brick veneer similar to existing at locations indicated, including, but not limited to the south façade Lower Level, the handicapped ramp, retaining walls, trash shed and HVAC structure per details shown on AS0.01 thru AS-0.03. Furnish and install bluestone cladding at exterior wall at garden. Furnish and install miscellaneous brick and concrete piers for site wrought iron fence work similar to existing. Include any and all concrete masonry unit partitions throughout the building. Furnish and install limestone copings, caps and sills. Furnish and install fieldstone veneer. Include grouted bond beams as indicated at door openings. Include required reinforcing steel, accessories and flashings. Caulking and sealing of control and expansion joints that fall within and adjacent to the masonry work. Anchors and ties as required for anchorage of masonry and stone to adjacent structure Install built in items furnished by others such as sleeves, bolts, inserts, access panels and miscellaneous metals. Expansion and control joints as required for your work including to adjacent materials. Furnish and install the cavity wall insulation as shown or required. Hoisting as required for this work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 15. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; 16. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 17. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 18. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 19. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 20. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 21. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 22. Provide labor for incidental project clean-up 23. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 24. Engineering, site survey and layout for this Work including any required field measuring. 25. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 26. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 27. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-15 HISTORIC RESTORATION PACKAGE SCOPE OF WORK DESIGNATED 35% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the restoration of original interior and exterior building features at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. HISTORIC RESTORATION PACKAGE Contractor shall be responsible for labor, material and equipment for all historic restoration including but not limited to masonry, door, wood window, refinishing, parts replacement, etc. at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 4 – Masonry 04901 Clay Masonry Cleaning and Restoration 04902 Cast Stone Cleaning and Restoration 04903 Marble Cleaning and Restoration 04904 Masonry Efflorescence Removal Division 5 - Metals 05910 Ornamental Metal Cleaning Division 6 – Wood and Plastics 06105 Miscellaneous Carpentry 06400 Interior Woodwork Refinishing Division 7 – Thermal and Moisture Protection 07920 Joint Sealants (As applicable for your work) Division 8 – Doors and Windows 08290 Wood Door Refinishing 08592 Historic Treatment of Wood Windows 08710 Door Hardware (As applicable for your work) 08716 Automatic Door Operators for Historic Doors 08892 Glazing Repair Division 9 – Finishes 09210 Plaster Cleaning & Repair 09280 Ornamental Plaster Replacement

1. 2.

Protect existing windows and frames Cutout, repoint, repair, and/or rebuild exterior masonry walls, chimney, stonework and sills as required and/or indicated by the Documents.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 3. Clean all exterior masonry, stone, marble or cast stone facades by methods specified and remove all vegetation, graffiti and efflorescence. Remove and clean all residue from direct or indirect fire causes, including tar, chemicals, etc. 4. Remove existing wood nailers with-in the parapet wall and patch solid as required, to maintain bearing wall structural integrity per detail 10/A3.20. 5. Remove existing wood window sashes where required for restoration. 6. Install temporary plywood and miscellaneous temporary protection at exterior window openings in order to maintain a weather proof opening until restored window replacement. 7. Contractor should be advised that the following work has been performed under a separate contract: • 31 total pair of sashes have been removed • 27 pair of these sashes have been stored in shop • 4 pair of these sashes have been stored at a stripping workshop • Windows #68, 69, 70, 71, 72, 73, 74, 75, – glass has been removed, sashes stripped and repairs performed • Windows #44, 45, 46, 60, 61, 62 – glass has been removed, sashes stripped • Windows # 55, 56, 57, 58, 59 – glass has been removed • Windows # 52, 53 – were remove after the fire for debris removal from the second floor. The intent is for this contractor to take over the work that has been started by others. 8. Strip existing window sashes of lead paint or other finishes and restore to scheduled finish. Remove and replace glazing. Repair sash and frame, replacing missing and broken parts and hardware. 9. Remove all existing plywood and miscellaneous protection at exterior window openings prior to reinstallation of restored windows. 10. Reinstall restored wood windows in original locations and provide trim to replicate original installation. 11. Caulk and weather strip all restored window installations for air and water tight condition. 12. Prime and paint interior and exterior side of restored wood windows. 13. Repair, restore and refinish existing interior architectural wood doors and casings as scheduled. 14. Repair, furnish and install finish hardware on restored doors. 15. Repair, restore and refinish and re-install existing protected and or salvaged interior finish carpentry trim and paneling as scheduled. 16. Refinish, refurbish, retrofit and reinstall scheduled casework and furniture and furnishings (cabinets, tables, desks, chairs salvaged and stored by Others) for reuse as indicated. Refurbishing includes the added amenities, for power and IT connections and raceways. 17. Patch and repair or replace with replicated material any and all damaged or missing plaster finishes at ceiling, wall and ornamental embellishments ( i.e. cornices). 18. Furnish and install any and all required in-wall blocking or other carpentry required to provide a quality installation of restored doors, casings, casework or other finish carpentry.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 19. Restore metal fences, rails and grilles as required, removing, repairing, replicating missing or damaged parts and refinishing as necessary to restore to like original condition. 20. This Contractor is responsible to survey and transport materials that are currently stored off site. These materials include, but are not limited to windows, doors, millwork, cabinets, shelving, finish hardware and furnishings. It is the contractor’s responsibility to take possession of the stored materials with-in ten (10) days of NTP. 21. Hoisting as required for this work. 22. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; 23. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 24. Contractor shall coordinate this work with other work in progress. 25. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 26. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 27. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 28. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 29. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 30. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 31. Provide labor for incidental project clean-up 32. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 33. Engineering, site survey and layout for this Work including any field measuring. 34. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 35. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 36. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-16 STILE & RAIL DOORS, MILLWORK AND FINISH CARPENTRY PACKAGE SCOPE OF WORK DESIGNATED 50% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the new wood stile and rail doors, millwork, casework, countertops and finish carpentry at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. STILE AND RAIL DOORS, MILLWORK AND FINISH CARPENTRY PACKAGE Contractor shall be responsible for labor, materials and equipment for all new finish carpentry, woodwork, countertops and stile and rail doors as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 6 – Wood and Plastics 06105 Miscellaneous Carpentry 06202 Interior Finish Carpentry 06401 Exterior Architectural Woodwork 06402 Interior Architectural Woodwork 06410 Architectural Wood Casework 06415 Stone Countertops (As applicable to your work) 06614 Composite Countertops (As applicable to your work) 06642 GFRP (Cornice) Division 7 – Thermal and Moisture Protection 07920 Joint Sealants ( As applicable to your work) Division 8 - Door and Windows 08212 Stile and Rail Wood Doors 08710 Door Hardware (As applicable to your work) 1. 2.

3.

Furnish and install all stile and rail doors and door casings to replicate existing and as scheduled including finish hardware for these doors. Furnish and install all new wood casework and finish carpentry including but not limited to shelving, millwork base and wall cabinets, carpeted seating benches, wood paneling, mobile storage cabinets, work counters, copy center storage, base molding, cornice molding, new wainscot, chair rail and other wood trim. Furnish and install GFRP cornice as indicated with any required support framing.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 4. Furnish and install exterior architectural woodwork trim and moldings including but not limited to trim to replicate existing at window openings, cornices, cupola, dormers, and HVAC outbuilding and trash shed. 5. Furnish and install plastic laminate, stone and concrete countertops at new and/or existing casework as indicated. 6. Furnish and install new wood furnishings (chairs, tables, desks) as indicated to replicate existing furnishings. 7. Relocate, refit and reinstall millwork and casework salvaged, restored, refinished and stored by Others under separate contract. Place or mount securely as indicated on casework plans. 8. Furnish and install the fan-coil unit enclosures. 9. Furnish and install any and all required in-wall blocking or other carpentry required to provide a quality installation of doors, frames or specialties. 10. Samples and submittals to be submitted in a timely manner so as not to delay this work. 11. Hoisting as required for this work. 12. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; 13. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 14. Contractor shall coordinate this work with other work in progress. 15. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 16. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 17. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 18. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 19. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 20. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 21. Provide labor for incidental project clean-up 22. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 23. Engineering, site survey and layout for this Work including any field measurements that may be required.. 24. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 25. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 26. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-17 DOORS, FRAMES, HARDWARE, SPECIALTIES AND ASSOCIATED INSTALLATIONS SCOPE OF WORK DESIGNATED 100% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the doors, frames, hardware, specialties and associated carpentry work at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC.

DOORS, FRAMES, HARDWARE, SPECIALTIES AND ASSOCIATED INSTALLATIONS Contractor shall be responsible for labor, material and equipment for all new doors, frames, hardware, specialties and associated carpentry including but not limited to accordion fire doors, flush wood doors, door hardware, visual display boards, display case units, toilet partitions, unit showers, louvers, signage, lockers, fire extinguishers and cabinets, back-of-house metal storage shelving, toilet and bath accessories, projection screens, kitchen casework and floor mats at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 5 – Metals 05811 Architectural Joint Systems Division 6 – Wood And Plastics 06105 Miscellaneous Carpentry (As applicable for your work) Division 7 – Thermal and Moisture Protection 07920 Joint Sealants (As applicable for your work) Division 8 – Doors and Windows 08210 Steel Frames 08211 Flush Wood Doors 08311 Access Doors and Frames 08335 Self-Opening Coiling Grilles 08352 Accordion Fire Door System 08710 Door Hardware Division 10 – Specialties 10101 Visual Display Surfaces 10155 Toilet Compartments 10200 Louvers and Vents 10410 Directories 10505 Metal Lockers 10522 Fire Extinguisher Cabinets 10523 Fire Extinguishers

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 10671 Metal Storage Shelving 10801 Toilet and Bath Accessories Division 11 – Equipment 11132 Projection Screens Division 12 – Furnishings 12355 Institutional Casework 12356 Kitchen Casework 12484 Floor Mats and Frames 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.

20.

21.

22.

Furnish and install new accordion fire doors (Won-Door). Furnish and install new flush wood doors, with new frame and new finish hardware as specified. This contractor is responsible for the keying of all doors. This is to be coordinated with Owner and factory per Specification Section 08710. Furnish and install any and all required in-wall blocking or other carpentry required to provide a quality installation of doors, frames or specialties Furnish and install visual display boards Furnish and install toilet partitions and urinal screens Furnish and install sound absorbing panel at HVAC enclosure. Furnish and install wood pergola at HVAC enclosure, work includes posts and uplift base assembly Furnish and coordinate with mechanical contractor installation of required louvers and vents. Furnish and install copper louver vents at replicated cupola. Furnish and install bi-fold closet doors Furnish and install metal locker units Furnish and install fire extinguishers and fire extinguisher cabinets. Furnish and install toilet accessories mounted to toilet partitions, permanent partitions or countertops as indicated. Caulking and sealing of backsplashes and counter tops. Hoisting as required for this work. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; During the period of this work, contractor agrees that all employees must be experienced in performing the work. Contractor shall coordinate this work with other work in progress. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 23. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 24. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 25. Provide labor for incidental project clean-up 26. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 27. Engineering, site survey and layout for this Work including field measurements as required. 28. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 29. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 30. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-18 STOREFRONTS, GLASS AND GLAZING SCOPE OF WORK DESIGNATED 35% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the glass and glazing systems at the Mount Pleasant Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. WOOD WINDOWS, STOREFRONTS, GLASS AND GLAZING Contractor shall be responsible for labor, material and equipment for all glazing systems including but not limited aluminum curtain wall, storefronts, glass and glazing and skylights at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 7 – Thermal and Moisture Protection 07920 Joint Sealants (As applicable for your work) Division 8 – Doors and Windows 08113 Glass Firewall Window and Door System 08450 All-Glass Entrances 08550 Wood Windows 08710 Door Hardware (As applicable for your work) 08716 Automatic Door Operators 08800 Glazing

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Furnish and install new wood replacement windows at 3rd level dormers and Lower Level as indicated. Furnish and install new frameless glass door systems complete with finish hardware. Furnish and install new fire rated glass partition and door systems. Furnish and install new interior aluminum storefront and all-glass systems including door units with finish hardware. Furnish and install wood window as noted on Drawing AS-0.02 Furnish and install new steel windows. Verify opening sizes in field. Furnish and install glass panels in hollow metal and wood frames (i.e. sidelites, transoms, etc.) Furnish and install glazing film as indicated. Furnish and install glass panels in hollow metal and wood doors Furnish and install edge trim and sill flashings around new exterior openings. Furnish and install frameless mirrors. Exterior caulking between the Work and adjacent materials.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 13. Hoisting as required for this work. 14. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; 15. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 16. Contractor is required to provide pre-existing surveying (photographs or video taping). 17. Contractor shall coordinate this work with other work in progress. 18. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 19. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 20. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 21. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 22. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 23. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work, and shall include evidence of their experience with similar projects as well as references who may be contacted by the Client. 24. Labor for incidental project clean-up 25. Miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 26. Engineering, site survey and layout for this Work including any required field measurements. 27. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 28. Submittals will be required for approval prior to execution of the work. Exclusions. 1. Replacement glass at restored wood windows.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-19 FURNITURE, FIXTURES & EQUIPMENT PACKAGE SCOPE OF WORK DESIGNATED 100% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the furniture, fixtures and equipment at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. FURNITURE, FIXTURES & EQUIPMENT Contractor shall be responsible for labor, material and equipment for all furniture, fixtures and equipment including but not limited to library equipment and stack systems, and residential appliances, and furniture at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 11 – Equipment 11054 Library Stack Systems 11130 Audio Visual Equipment 11451 Residential Appliances 11510 Library Equipment 11511 Library Book and Media Despository Division 12 – Furnishings 12560 Library Furniture and Equipment 1. 2. 3. 4. 5. 6. 7. 8.

9.

Furnish furniture as scheduled and place according to provided furniture layouts. Furnish and install non-millwork library equipment and stack systems as scheduled. Furnish and install residential appliances for pantries and meeting rooms as indicated. Hoisting as required for this work. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; During the period of this work, contractor agrees that all employees must be experienced in performing the work. Contractor shall coordinate this work with other work in progress. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 10. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 11. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 12. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 13. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 14. Provide labor for incidental project clean-up 15. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 16. Engineering, site survey and layout for this Work including any required field measurements. 17. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 18. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 19. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-20 PLASTER, DRYWALL, FIREPROOFING and CEILING SYSTEMS SCOPE OF WORK DESIGNATED 50% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the plaster, drywall, metal stud partition framing systems and drywall and acoustical ceiling systems at the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. PLASTER, DRYWALL, METAL STUDS, FIREPROOFING AND CEILING SYSTEMS Contractor shall be responsible for labor, material and equipment for all new metal stud partition framing systems, light gage framing systems, sprayed fire proofing systems, in-wall insulation, drywall sheathing, ceiling systems, plaster and ornamental plaster work at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 5 – Metals 05400 Light Gauge Framing Division 6 – Wood And Plastics 06105 Miscellaneous Carpentry (As applicable to your work) 06160 Sheathing (As applicable to your work) Division 7 – Thermal and Moisture Protection 07210 Building Insulation (As applicable for your work) 07811 Sprayed fire resistive Materials 07920 Joint Sealants (As applicable to your work) Division 9 – Finishes 09111 Non-load-bearing Steel Framing 09215 Gypsum Veneer Plaster 09250 Gypsum Board 09265 Gypsum Board Shaft-wall Assemblies 09512 Acoustical Tile Ceilings

1. 2.

Furnish and install metal stud framing and furring in sizes, gauges and spacing as indicated by partition types. Design, furnish and install light gauge framing for roof and crickets between support structural steel and the exterior bearing walls in a fashion that supports the roof loads in the profiles shown. Provide professional engineered and stamped drawings and calculations for review. This work must be coordinated & sequenced with construction of the new roof deck & steel framing as well as the demolition of the temporary roof structure so as to protect the existing historic fabric of the building and its contents.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 3. Furnish and install light gauge framing for exterior wall, dormers and cupola 4. Roof sheathing. (SEE Item 2 Above.) 5. Wall sheathing including building wrap 6. Framing and sheathing for mechanical room floor. (See Detail 08/A-3.14). 7. Furnish and install the building sound and batt insulation where shown and as indicated including but not limited to walls, ceilings and roof. 8. Furnish and install furring and rigid insulation as shown (See Detail 07/A-3.20.) 9. Furnish and install sprayed fireproofing as shown and specified. 10. Furnish and install gypsum board as specified for partition and ceiling systems. 11. Furnish and install plaster to repair damaged or missing portions of existing plaster. Feather and blend to provide indiscernible transition from new to historic. 12. Furnish and install specified acoustical tile ceiling systems, and any specialty ceilings. 13. Provide fire-rated shaft-wall systems as indicated for elevator or stair shafts. 14. Provide and install in-wall blocking supports for other trades wall hung work as required. 15. Install access panels furnished by the mechanical and electrical trades that are required for access to their work. 16. Provide fire safing and caulking for penetrations through the work 17. Hoisting as required for this work. 18. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; 19. During the period of this work, contractor agrees that all employees must be experienced in performing the work. 20. Contractor shall coordinate this work with other work in progress. 21. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 22. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 23. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 24. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 25. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 26. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 27. Provide labor for incidental project clean-up 28. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 29. Engineering, site survey and layout for this Work including any required field measurements.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 30. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 31. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 32. Submittals will be required for approval prior to execution of the work.

.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-21 TILE, CORK, CARPET AND RESILIENT FLOOR SYSTEMS SCOPE OF WORK DESIGNATED 35% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the ceramic tile, cork resilient tile and carpet flooring work for the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. TILE, CORK, CARPET AND RESILIENT FLOOR SYSTEMS Contractor shall be responsible for labor, material and equipment for ceramic tile, cork, resilient tile and carpet work at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 3 – Concrete 03541 Gypsum Underlayment Division 9 – Finishes 09310 Ceramic Tile 09629 Cork Flooring 09651 Resilient Floor Tile 09653 Resilient Wall Base and Accessories 09654 Linoleum Floor Covering & Desk Tops 09680 Carpet 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Furnish and install the gypsum underlayment as indicated or as required. Furnish and install the finish flooring and resilient base as indicated on the drawings with all required patching, prep work and adhesives. Furnish and install ceramic tile floor, base and walls. Furnish and install cork flooring and carpeting. Furnish and install hardwood flooring. Furnish and install the flooring in the elevator. This Contractor to furnish all adhesives, and fasteners as required to perform this work. Floor prep as required. Hoisting as required for this work. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; During the period of this work, contractor agrees that all employees must be experienced in performing the work. Contractor shall coordinate this work with other work in progress.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 13. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 14. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 15. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 16. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 17. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 18. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 19. Provide labor for incidental project clean-up 20. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 21. Engineering, site survey and layout for this Work including any required field measurements. 22. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 23. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 24. Submittals will be required for approval prior to execution of the work

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

BP-22 PAINTING AND WALLCOVERINGS SCOPE OF WORK DESIGNATED 100% CBE SUBCONTRACTING SET-ASIDE REQUIREMENT DEFINITION OF PROJECT AREA: The Scope of Work includes the painting and wallcovering work for the Georgetown Neighborhood Library which is located at 3260 R Street, NW, Washington, DC. PAINTING AND WALLCOVERINGS Contractor shall be responsible for labor, material and equipment for painting and wallcovering work at the existing building and the new addition as indicated in bid documents (100% Final Construction Drawings and Specifications dated July 9, 2009). Available on CD. Work includes but is not limited to the following specification sections Division 1 – General Requirements Division 7 – Thermal and Moisture Protection 07920 Joint Sealants Division 9 – Finishes 09911 Exterior Painting 09912 Interior Painting 09931 Wood Stains and Transparent Finishes 09991 Encapsulation Coating System 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Furnish and install the interior caulking and sealants between dissimilar materials as indicated. Furnish and install the caulking between door frames, trim and casings and drywall or masonry. Furnish and install the interior caulking between aluminum window frames and masonry or drywall. Exterior painting includes put is not limited to railings, flagpole and pipe bollards. Furnish and install all required primers and fillers as indicated. Painting and staining of the doors and frames as indicated. Minor prep work and patching as required. Painting and staining of the drywall, masonry, doors, trim, miscellaneous metals and miscellaneous items with the required coats as indicated. Protection for new and existing surfaces. Sufficient temporary lighting for your work. Hoisting as required for this work. Provide any Independent Testing & Inspection Services required for this Work, including materials testing and inspections; During the period of this work, contractor agrees that all employees must be experienced in performing the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 14. Contractor shall coordinate this work with other work in progress. 15. The Contractor shall ensure that no elements determined to be unstable are left unsupported. Any and all required structural bracing for structural systems to remain shall be included in this scope of work. 16. Contractor shall remove and transport debris resulting from erection operations and materials to site disposal area. Recyclable materials shall be separated and stored or stockpiled without intermixing with other surplus materials before transporting to recycling facilities in accordance with a recycling program consistent with the Project LEED Certification Program. 17. Contractor shall comply with all identified performance and specification requirements to achieve LEED points toward the Silver certification goal as indicated in the bid documents. 18. Contractor shall take all necessary precautions to avoid damage to all existing and completed construction in place. 19. It is Contractor’s responsibility to read the Hazardous Materials Survey Report for Georgetown Neighborhood Library, including the July 8th 2008 addendum. 20. Contractor shall submit bids detailing their proposed means, methods and schedule for this scope of work. 21. Provide labor for incidental project clean-up 22. Provide miscellaneous temporary protection of existing conditions during construction as specifically specified herein and OSHA safety barricades, rails and floor coverings, for this Work. 23. Engineering, site survey and layout for this Work. 24. Provide monthly Project construction progress documentation & photographs, including existing building pre-construction condition documentation. 25. Contractor shall leave the workplace in a clean and presentable condition ready for subsequent trades and prepared for finishes as specified. 26. Submittals will be required for approval prior to execution of the work.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

ATTACHMENT J.3 First Source Employment Agreement

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22

FIRST SOURCE EMPLOYMENT AGREEMENT Contract Number: _________________________________________ Contract Amount: ________________________________________ Project Name: __________________________________________ Project Address: _____________________________ Ward:______ Nonprofit Organization with 50 Employees or Less: (Yes) ____ (No) ____

This First Source Employment Agreement, in accordance with D. C. Law 14-24, D.C. Law 5-93, and Mayor's Order 83-265 for recruitment, referral, and placement of District of Columbia residents, is between the District of Columbia Department of Employment Services, hereinafter referred to as DOES, and ________________________________________________________, hereinafter, referred to as EMPLOYER. Under this Employment Agreement, the EMPLOYER will use DOES as its first source for recruitment, referral, and placement of new hires or employees for the new jobs created by this project and will hire 51% District of Columbia residents for all new jobs created, as well, as 51% of apprentices employed in connection with the project shall be District residents registered in programs approved by the District of Columbia Apprenticeship Council. I.

GENERAL TERMS A.

The EMPLOYER will use DOES as its first source for the recruitment, referral and placement of employees.

B.

The EMPLOYER shall require all contractors and subcontractors, with contracts totaling $100,000 or more, to enter into a First Source Employment Agreement with DOES.

C.

DOES will provide recruitment, referral and placement services to the EMPLOYER subject to the limitations set out in this Agreement.

D.

DOES participation in this Agreement will be carried out by the Office of the Director, with the Office of Employer Services, which is responsible for referral and placement of employees, or such other offices or divisions designated by DOES.

E.

This Agreement shall take effect when signed by the parties below and shall be fully effective for the duration of the contract and any extensions or modifications to the contract.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 F. This Agreement shall not be construed as an approval of the EMPLOYER'S bid package, bond application, lease agreement, zoning application, loan, or contract/subcontract.

II.

G.

DOES and the EMPLOYER agree that for purposes of this Agreement, new hires and jobs created (both union and nonunion) include all EMPLOYER'S job openings and vacancies in the Washington Standard Metropolitan Statistical Area created as a result of internal promotions, terminations, and expansions of the EMPLOYER'S workforce, as a result of this project, including loans, lease agreements, zoning applications, bonds, bids, and contracts.

H.

For purposes of this Agreement, apprentices as defined in D.C. Law 2156, as amended, are included.

I.

The EMPLOYER shall register an apprenticeship program with the D.C. Apprenticeship Council for construction or renovation contracts or subcontracts totaling $500,000 or more. This includes any construction or renovation contract or subcontract signed as the result of, but is not limited to, a loan, bond, grant, Exclusive Right Agreement, street or alley closing, or a leasing agreement of real property for one (1) year or more.

J.

All contractors who contract with the Government of the District of Columbia to perform information technology work with a single contract or cumulative contracts of at least $500,000, let within any twelve (12) month period shall be required to register an apprenticeship program with the District of Columbia Apprenticeship Council.

K.

The term “information technology work” shall include, but is not limited to, the occupations of computer programmer, programmer analyst, desktop specialist, technical support specialist, database specialist, network support specialist, and any other related occupations as the District of Columbia Apprenticeship Council may designate by regulation.

RECRUITMENT A. The EMPLOYER will complete the attached Employment Plan, which will indicate the number of new jobs projected, salary range, hiring dates, and union requirements. The EMPLOYER will notify DOES of its specific need for new employees as soon as that need is identified.

B.

Notification of specific needs, as set forth in Section II.A. must be given to DOES at least five (5) business days (Monday - Friday) before using any other referral source, and shall include, at a minimum, the number of employees needed by job title, qualification, hiring date, rate of pay, hours of work, duration of employment, and work to be performed.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 C. Job openings to be filled by internal promotion from the EMPLOYER'S current workforce need not be referred to DOES for placement and referral. D.

The EMPLOYER will submit to DOES, prior to starting work on the project, the names, and social security numbers of all current employees, including apprentices, trainees, and laid-off workers who will be employed on the project.

III. REFERRAL DOES will screen and refer applicants according to the qualifications supplied by the EMPLOYER. IV. PLACEMENT

V.

A.

DOES will notify the EMPLOYER, prior to the anticipated hiring dates, of the number of applicants DOES will refer. DOES will make every reasonable effort to refer at least two qualified applicants for each job opening.

B.

The EMPLOYER will make all decisions on hiring new employees but will in good faith use reasonable efforts to select its new hires or employees from among the qualified persons referred by DOES.

C.

In the event DOES is unable to refer the qualified personnel requested, within five (5) business days (Monday - Friday) from the date of notification, the EMPLOYER will be free to directly fill remaining positions for which no qualified applicants have been referred. Notwithstanding, the EMPLOYER will still be required to hire 51% District residents for the new jobs created by the project.

D.

After the EMPLOYER has selected its employees, DOES will not be responsible for the employees' actions and the EMPLOYER hereby releases DOES, and the Government of the District of Columbia, the District of Columbia Municipal Corporation, and the officers and employees of the District of Columbia from any liability for employees' actions.

TRAINING DOES and the EMPLOYER may agree to develop skills training and onthe-job training programs; the training specifications and cost for such training will be mutually agreed upon by the EMPLOYER and DOES and set forth in a separate Training Agreement.

VI.

CONTROLLING REGULATIONS AND LAWS

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 A. To the extent this Agreement is in conflict with any labor laws or governmental regulations, the laws or regulations shall prevail. B.

DOES will make every effort to work within the terms of all collective bargaining agreements to which the EMPLOYER is a party.

C.

The EMPLOYER will provide DOES with written documentation that the EMPLOYER has provided the representative of any involved collective bargaining unit with a copy of this Agreement and has requested comments or objections. If the representative has any comments or objections, the EMPLOYER will promptly provide them to DOES.

VII. EXEMPTIONS A.

Contracts, subcontracts or other forms of government-assistance less than $100,000.

B.

Employment openings the contractor will fill with individuals already employed by the company.

C.

Job openings to be filled by laid-off workers according to formally established recall procedures and rosters.

D.

Suppliers located outside of the Washington Standard Metropolitan Statistical Area and who will perform no work in the Washington Standard Metropolitan Statistical Area.

VIII. AGREEMENT MODIFICATIONS, RENEWAL, MONITORING, AND PENALTIES A.

B.

If, during the term of this Agreement, the EMPLOYER should transfer possession of all or a portion of its business concerns affected by this Agreement to any other party by lease, sale, assignment, merger, or otherwise, the EMPLOYER as a condition of transfer shall: 1.

Notify the party taking possession of the existence of the EMPLOYER'S Agreement.

2.

Notify the party taking possession that full compliance with this Agreement is required in order to avoid termination of the project.

3.

EMPLOYER shall, additionally, advise DOES within seven (7) business/calendar days of the transfer. This advice will include the name of the party taking possession and the name and telephone of that party's representative.

DOES shall monitor EMPLOYER'S performance under this Agreement. The EMPLOYER will cooperate in DOES' monitoring effort and will submit a Contract Compliance Form to DOES monthly.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 C. To assist DOES in the conduct of the monitoring review, the EMPLOYER will make available payroll and employment records for the review period indicated. D.

If additional information is needed during the review, the EMPLOYER will provide the requested information to DOES.

E.

With the submission of the final request for payment from the District, the EMPLOYER shall: 1. Document in a report to the Contracting Officer its compliance with the requirement that 51% of the new employees hired by the project be District residents; or 2. Submit a request to the Contracting Officer for a waiver of compliance with the requirement that 51% of the new employees hired by the project be District residents and include the following documentations: a. Material supporting a good faith effort to comply; b. Referrals provided by DOES and other referral sources; and c. Advertisement of job openings listed with DOES and other referral sources.

F. The Contracting Officer may waive the requirement that 51% of the new employees hired by the project be District residents, if the Contracting Officer finds that: 1. A good faith effort to comply is demonstrated by the contractor; 2. The EMPLOYER is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Statistical Area; The Washington Standard Metropolitan Statistical Area includes the District of Columbia, the Virginia Cities of Alexandria, Falls Church, Manasas, Manasas Park, Fairfax, and Fredericksburg; the Virginia Counties of Fairfax, Arlington, Prince William, Loundon, Stafford, Clarke, Warren, Fauquier, Culpeper, Spotsylvania, and King George; the Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West Virginia Counties of Berkeley and Jefferson. 3. The EMPLOYER enters into a special workforce development training or placement arrangement with DOES; or 4. DOES certifies that insufficient numbers of District residents in the labor market possess the skills required by the positions created as a result of the contract.

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 G. Willful breach of the First Source Employment Agreement by the EMPLOYER, or failure to submit the Contract Compliance Report, or deliberate submission of falsified data, may be enforced by the Contracting Officer through imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract. H

Nonprofit organizations with 50 or less employees are exempted from the requirement that 51% of the new employees hired on the project be District residents.

I.

The EMPLOYER and DOES, or such other agent as DOES may designate, may mutually agree to modify this Agreement.

J. The project may be terminated because of the EMPLOYER'S non-compliance with the provisions of this Agreement. IX.

Is your firm a certified Local, Small, Disadvantaged Business Enterprise (LSDBE)? YES NO If yes, certification number: _________

X.

Do you have a registered Apprenticeship program with the D.C. Apprenticeship Council? YES NO If yes, D.C. Apprenticeship Council Registration Number: _______________

XI.

Indicate whether your firm is a subcontractor on this project: YES NO If yes, name of prime contractor: ________________________________

Dated this__________________day of____________________20__________________ _________________________________ Signature Dept. of Employment Services

_____________________________ Signature of Employer ______________________________ Name of Company ________________________ Address ______________________________ Telephone ______________________________ E-mail

Solicitation No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP 07 - thru BP 11 and BP 14 thru BP 22 EMPLOYMENT PLAN

NAME OF FIRM______________________________________________________________ ADDRESS___________________________________________________________________ TELEPHONE NUMBER_____________FEDERAL IDENTIFICATION NO._____________ CONTACT PERSON________________________TITLE_____________________________ E-mail:__________________________

TYPE OF BUSINESS: ______________________

ORIGINATING DISTRICT AGENCY______________________________________________ CONTRACTING OFFICER: _____________________ TELEPHONE NUMBER: __________ TYPE OF PROJECT________________________FUNDING AMOUNT__________________ PROJECTED START DATE______________PROJECT DURATION____________________

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 NEW JOB CREATION PROJECTIONS (Attach additional sheets, as needed.) Please indicate the new position(s) your firm will create as a result of this project. JOB TITLE

A B C D E F G H I J K

# OF JOBS F/T P/T

SALARY RANGE

UNION MEMBERSHIP REQUIRED NAME LOCAL#

PROJECTED HIRE DATE

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

CURRENT EMPLOYEES: Please list the names and social security numbers of all current employees including apprentices and trainees who will be employed on the project. Attach additional sheets as needed.

NAME OF EMPLOYEE

SOCIAL SECURITY NUMBER or EMPLOYEE IDENTIFICATION NUMBER

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

ATTACHMENT J.4 REQUIRED LABOR CONTRACT PROVISIONS

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 REQUIRED LABOR CONTRACT PROVISIONS PAYMENT OF PREDETERMINED MINIMUM WAGES A.

Standard Contract Clauses (Contracts exceeding $2,000.00) 1.

Minimum Wages (i)

All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the Contractor or developing of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor, United States Department of Labor, hereinafter referred to as the Secretary of Labor, under the Copeland Act (29 CFR, Part 3), the full amount of wages and bona-fide fringe benefits (or cash equivalents thereof), due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona-fide fringe benefits under Sections (1)(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics, are considered wages paid to such laborers or mechanics subject to the provisions of paragraph A(1)(iv) of this Section; also regular contributions made or costs incurred for more than a weekly period (but not less than often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in A(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph A(1)(ii) of this Section), and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii) (A)

The Contracting Officer of the District of Columbia, Fire and Emergency Medical Service, hereinafter referred to as the Contracting Officer, shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)

The work to be performed by the classification requested is not performed by a classification in the wage determination;

(2)

The classification is utilized in the area by the construction industry; and

(3)

The proposed wage rate, including any bona-fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, agree with the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (C)

In the event the Contractor, or the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate), determined pursuant to sub-paragraphs (1)(B) or (1)(C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona-fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider, as part of the wages of any laborer or mechanic, the amount of any cost reasonably anticipated in providing bona-fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or program. 2.

Withholding The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the United States Department of Labor, withhold or cause to be withheld from the Contractor, under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or developing of the project), all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds until such violations have ceased.

3.

Payrolls and Basic Records (i)

Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona-fide fringe benefits or case equivalents thereof of the types described in Section 1(b)2(B) of the Davis-Bacon Act), daily and weekly numbers of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs, the certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)

(A)

The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the District of Columbia Government if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 transmission to the District of completely all of the information required to be maintained under 5.5(a)(3)(I) of Regulations, 29 CFR Part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (B)

Each payroll submitted shall be accompanied by a “Statement of Compliance” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)

That the payroll for the payroll period contains the information required to be maintained under 5.5(a)(3)(I) of Regulations, 29 CFR Part 5 and that such information is correct and complete;

(2)

That each laborer or mechanic (including each helper, apprentice, and trainee), employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;

(3)

That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C)

The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraphs (a)(3)(ii)(B) of this section.

(D)

The Contractor shall notify the Contracting Officer, in writing, of all periods of which no work is performed. This notification applies to the prime Contractor and to all subcontractors. (E) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii)

The Contractor or subcontractor shall make the records required under paragraph A(3)(I) of this section available for inspection, copying or transcribing by authorized representatives of the Contracting Officer or the United States Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4.

Apprentices and Trainees (i)

Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona-fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 20 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee amount of fringe benefits listed on wage determination unless the Administrator of the Wage and

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination, which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements and Executive Order 11246, as amended and 29 CFR Part 30. 5.

Compliance with Copeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6.

Subcontracts The Contractor or subcontractor shall insert in any subcontracts, the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Contracting Officer may, by appropriate instructions require, and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor with all the contract clauses in 29 CFR 5.5.

7.

Contract Termination: Debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.

8.

Compliance with Davis-Bacon and Related Act Requirements All rulings and interpretations of the Davis-Bacon and related Acts contained in 20 CFR Parts 1, 3 and 5 are herein incorporated by reference in this contract.

9.

Disputes Concerning Labor Standards Disputes arising out of the labor standards provisions of this contract shall not be subject to general disputes clause of this contract. Such disputes shall be resolved in accordance with procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within meaning of this clause include disputes between the Contractor (or any of its subcontractor) and contracting agency, the U. S. Department of Labor, or the employees or their representatives.

10.

Certification of Eligibility

the the the the

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 A.

B.

By entering into this contract, the Contractor certifies that neither it (nor he or she), nor any person or firm who has an interest in the Contractor’s firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (i)

No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1).

(ii)

The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

Contract Work Hours and Safety Standards Act The Agency Head shall cause or require the Contracting Officer to insert the following clauses set forth in paragraphs B(1), (2), (3), and (4) of this Section in full, in any contract subject to the overtime provisions of the contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 5.5(a) or 4.6 of Part 4 of 29 CFR. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. 1.

Overtime Requirements No Contractor or subcontractor contracting for any part of the contract work may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week, whichever is greater.

2.

Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10.00 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty hours without payment of the overtime wages required by the clauses set forth in subparagraphs (1) of this paragraph.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 3. Withholding for Unpaid Wages and Liquidated Damages The Contracting Officer shall, upon his own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract, subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 4.

Subcontracts The Contractor or subcontractor shall insert in any subcontracts, the clauses set forth in subparagraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C.

Contract Work Hours and Safety Standards Act In addition to the clauses contained in paragraph B, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 5.1, the Agency Head shall cause or require the Contracting Officer to insert a clause requiring that the Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the Contracting Officer to insert in any such contract, a clause providing that the records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Contracting Officer and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

SPECIAL STIPULATIONS PERTAINING TO WAGE RATES RATES OF WAGES determined by the Secretary of Labor, shall apply if the contract is in excess of $2,000.00 in amount. The Secretary of Labor has determined that the wage rates for various classes of mechanics and laborers, enumerated in the attached schedule, were prevailing in the area in which the work is to be performed at the time of Invitation for Bids. Each class of laborers and mechanics listed in the attached schedule shall receive not less than the minimum rate of wage specified therein. In the event that it becomes necessary to employ any laborer or mechanic whose work is not covered by any of the classifications in said schedule, he shall be paid not less than the prevailing rates of wages for the class of work done by him. Such rate shall be predetermined by the Department of Labor through the Materiel Management Officer. In case any disputes arises as to what are the prevailing rates of wages for work of similar nature, which cannot be adjusted by the Contracting Officer, the matter shall be referred to the Secretary of Labor for determination, whose decisions thereon shall be conclusive on all parties. While the wage rates listed have been determined to be the prevailing rates for the occupations specified, and the minimum allowable under this specification, it is the responsibility of the Contractors to inform themselves as to the local labor market and conditions, including any pending legislation or existing collective bargaining agreements which provide for future increase in rates. The Contractor shall abide by and conform to all applicable laws, Executive Orders, regulations and orders of Federal Agencies authorized to pass upon and determine wage rates. No increase in the contract price shall be allowed or authorized on account of the payment of wage rates in excess of those listed. The District of Columbia may award contracts for other work at the building and site, and this Contractor shall fully cooperate with such other Contractors and shall not commit or permit any act in connection with employment of labor, or otherwise, which will interfere with the performance of work by any other Contractor. Bidders are required to fully inform themselves on the conditions relating to construction and labor under which work is now being performed, and this Contractor must employ such methods and means in carrying out his work as will not cause any interruption or interference with any other Contractor.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

ATTACHMENT J.5 WAGE DETERMINATION DC080003

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

General Decision Number: DC080003 05/01/2009 DC3 Superseded General Decision Number: DC20070003 State: District of Columbia Construction Type: Building County: District of Columbia Statewide. BUILDING CONSTRUCTION PROJECTS (Does not include single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 1 04/18/2008 2 05/02/2008 3 05/09/2008 4 05/30/2008 5 06/06/2008 6 07/04/2008 7 07/18/2008 8 07/25/2008 9 08/15/2008 10 09/05/2008 11 09/12/2008 12 09/19/2008 13 11/07/2008 14 12/19/2008 15 02/20/2009 16 05/01/2009 ASBE0024-001 10/01/2008 Rates

Fringes

Asbestos Worker/Heat and Frost Insulator Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems..........$ 29.18 14.18 ---------------------------------------------------------------ASBE0024-005 10/01/2008 Rates

Fringes

Fire Stop Technician.............$ 22.85

6.59

Includes the application of materials or devices within or around penetrations and openings in all rated wall or floor assemblies, in order to prevent the pasage of fire, smoke of other gases. The application includes all components involved in creating the rated barrier at perimeter slab

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 edges and exterior cavities, the head of gypsum board or concrete walls, joints between rated wall or floor components, sealing of penetrating items and blank openings. ---------------------------------------------------------------BRDC0001-001 11/01/2008 Rates

Fringes

Bricklayer......................$ 26.70 6.77 ---------------------------------------------------------------* CARP0132-006 05/01/2009 Rates

Fringes

Carpenters (Including Drywall Hanging).........................$ 26.38 7.00 Piledriver.......................$ 24.48 7.70 ---------------------------------------------------------------ELEC0026-003 09/01/2008 Rates

Fringes

Communication Technician.........$ 24.25

3%+6.87

SCOPE OF WORK: Includes low voltage construction, installation, maintenance and removal of teledata facilities (voice, data and video) including outside plant, telephone and data inside wire, interconnect, terminal equipment, central offices, PABX, fiber optic cable and equipment, railroad communications, micro waves, VSAT, bypass, CATV, WAN (Wide area networks), LAN (Local area networks) and ISDN (Integrated systems digital network). WORK EXCLUDED: The installation of computer systems in industrial applications such as assembly lines, robotics and computer controller manufacturing systems. The installation of conduit and/or raceways shall be installed by Inside Wiremen. On sites where there is no Inside Wireman employed, the Teledata Technician may install raceway or conduit not greater than 10 feet. Fire alarm work is excluded on all new construction sites or wherever the fire alarm system is installed in conduit. All HVAC control work. ---------------------------------------------------------------ELEC0026-016 11/03/2008 Rates Electricians (Excluding Communication-Low Voltage Wiring)..........................$ 36.65

Fringes

11.45+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Jr.'s Birthday, Inauguration Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day or days designated as legal holidays by the Federal Government. ---------------------------------------------------------------ENGI0077-009 05/01/2008

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Rates

Fringes

Power equipment operators: Boom Trucks.................$ 27.57 7.17+a Cranes (35 tons and above)..$ 28.74 7.17+a Cranes (under 35 tons)......$ 28.28 7.17+a Forklifts...................$ 21.00 7.17+a Piledrivers.................$ 28.28 7.17+a a. PAID HOLIDAYS: New Years Day, Inaugural Day, Decoration Day, Independence Day, Labor Day, Martin Luther King's Birthday, Veterans Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day. b. PREMIUM PAY: Tower cranes and cranes 100-ton and over to receive $1.00 per hour premium over Group One. ---------------------------------------------------------------IRON0005-001 06/01/2008 Rates

Fringes

Ironworkers: Structural, Ornamental and Chain Link Fence............$ 27.83 12.595 ---------------------------------------------------------------IRON0201-003 05/01/2008 Rates

Fringes

Ironworker (Reinforcing).........$ 26.15 12.08 ---------------------------------------------------------------LABO0657-001 06/01/2008 Rates

Fringes

Laborer:Skilled..................$ 19.57

4.68

FOOTNOTE: Potmen, power tool operator, small machine operator, concrete labor including concrete preparation, signalmen, laser beam operator, waterproofer, open caisson, test pit, underpinnig, pier hole and ditches, laggers and all work associated with lagging that is not expressly stated, strippers, operator of hand derricks, vibrator operators, pipe layers, or tile layers (tile laid on road construction projects ONLY), operators of jackhammer, paving breakers, spaders or any machine that does the same general type of work, scaffold builders, operators of towmasters, scootcretes, buggymobiles and other machines of similar character, operators of tampers and rammers and other machines that do the same general type of work, whether powered by air, electric or gasoline builders of trestle scaffolds over one tier high and sand blaster, power and chain saw operators used in clearing, installers of well points, wagon drill operators, acetylene burners and licensed powdermen. ----------------------------------------------------------------

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 LABO0657-002 06/01/2008 Rates

Fringes

Laborers: Mason Tenders, Brick........$ 14.65 4.68 Mortarmen, Scaffold Builders....................$ 15.45 4.68 ---------------------------------------------------------------MARB0002-002 05/01/2008 Rates

Fringes

Marble & Stone Mason.............$ 32.00

12.07

INCLUDES pointing, caulking and cleaning of All types of masonry, brick, stone and cement structures; EXCEPT pointing, caulking and cleaning of exisiting masonry, brick, stone and cement (restoration work) ---------------------------------------------------------------MARB0003-001 05/01/2008 Rates

Fringes

Mosaic & Terrazzo Worker, Tile Layer Marble Mason and Tile Layer.$ 25.01 8.82 Terrazzo Worker.............$ 25.76 8.82 ---------------------------------------------------------------MARB0003-004 05/01/2008 Rates

Fringes

Marble, Tile & Terrazzo Finisher.........................$ 20.15 7.97 ---------------------------------------------------------------PAIN0051-004 06/01/2008 Rates

Fringes

Glaziers Contracts $2 million and under.......................$ 25.12 7.46 Contracts over $2 million...$ 27.84 7.46 ---------------------------------------------------------------PAIN0051-010 06/01/2008 Rates

Fringes

Painters: Brush, Roller, Spray and Drywall Finisher............$ 24.31 7.56 ---------------------------------------------------------------PLAS0891-003 05/01/2008 Rates

Fringes

Cement Mason/Concrete Finisher...$ 27.15 ----------------------------------------------------------------

6.47

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 PLUM0005-007 08/01/2008 Rates

Fringes

Plumbers Apartment Buildings over 4 stories (except hotels).....$ 22.31 ALL Other Work..............$ 36.24

8.61+a 13.37+a

a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day, New Year's Day, Martin Luther King's Birthday, Memorial Day and the Fourth of July. ---------------------------------------------------------------PLUM0602-006 08/01/2008 Rates

Fringes

Steamfitter, Refrigeration & Air Conditioning Mechanic (Including HVAC Pipe Work).......$ 35.12

14.47+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving Day and Christmas Day. ---------------------------------------------------------------* SFDC0669-001 04/01/2009 Rates

Fringes

Sprinkler Fitters................$ 30.45 15.30 ---------------------------------------------------------------SHEE0100-002 01/01/2009 Rates

Fringes

Sheet Metal Worker (Including HVAC Duct Work)..................$ 33.04 12.12 ---------------------------------------------------------------SUDC2000-001 04/12/2000 Rates

Fringes

ASBESTOS ABATEMENT WORKER (Removal from Floors, Ceilings, Walls and Mechanical Systems)..............$ 10.60 Laborer, Unskilled...............$ 11.83 Pointer, caulker and cleaner INCLUDES pointing, caulking and cleaning of existing masonry, brick, stone and cement structures (restoration work); EXCLUDES pointing, caulking and cleaning of

2.23

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 new or replacement masonry, brick, stone and cement......................$ 20.00 ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.

================================================================ END OF GENERAL DECISION

Attachment J.6 Small and Local Business Opportunity Commission Certification Package – Part of Solicitation

**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT 2 Revision date 1/23/2008

7. List the following business enterprise information (please contact listed reference phone numbers for personal assistance): Federal Employer ID: 800-829-1040 No.: Dunn & Bradstreet No.: 800-333-0505 No.: Local Unemployment Compensation No.: (applicable, only if you have employees) 202-724-7566

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 No.: 8. Describe in detail the business enterprise’s product line, trade or services below (attach additional pages if necessary): 9. Briefly describe any specialties: 10. List National Institute of Government Policies (NIGP) Commodity Codes (http://dslbd.dc.gov) and corresponding description: 11. Does the business enterprise have any other business locations (i.e., satellite office/storage/warehouse, etc.)? Yes No List All Operating Facilities or other Office Locations including Storage/Warehouse Facilities Address, City, State, Zip **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT 3 Revision date 1/23/2008

12. List office equipment and vehicles of the business enterprise, and identify location where equipment or vehicle can be found. (attach additional pages if necessary) List Equipment (make & model) & Vehicles (year, make & model) Owned and/or Leased Storage Location of Equipment & Vehicles 13. List all managerial employees: Name Title Business Address 14. List all original and current owners/stockholders of the business enterprise (attach additional page if necessary): List Total Corporate Shares Authorized _____________________________ Name of Owners/Stockholders Home Address, Home Phone Number US Citizen or LPR* DC Resident (Y/N)

Number of Shares Percentage of Ownership Gender (M/F) (optional) LGBT** (Y/N) (optional) Race/ Ethnicity (optional)

* Lawful Permanent Resident ** Lesbian, Gay, Bisexual or Transgendered 15. Are any of the senior management working outside of the business enterprise? Yes No If yes, please provide name of employer, owner’s respective title and time spent in the office of the business enterprise. 16. Has the business enterprise, or any of its directors, officers, or principals, been found to have violated any District of Columbia law or regulation that is applicable to the applicant’s business? Yes No If yes, explain: **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 4 Revision date 1/23/2008 17. Has the business enterprise, or any of its directors, officers, or principals, been convicted of a crime that bears directly on the fitness of the applicant, holder, or participant to ethically participate in the programs established pursuant to the Act? Yes No If yes, explain: 18. List current members of Board of Directors and Officers of the Corporation: Current Board of Directors/Owners Name Title Occupation Date Appointed Home Address Home Phone Officers of Corporation/Key Personnel Name Title Date Appointed Office Address Office Phone 19. List Bonding Information: (required for construction contractors) Name of Bonding Company ______________________________________________________________________________________ Address _________________________________________________ City ____________________ State ______ Zip ______________ Contact Person __________________________________________ Phone (____) ________________ Fax (____) _________________ List bonding specialties (if any) ______________________________________ Bonding Limit $ _______________________________ 20. List Insurance Information: (General Liability Insurance required for all business enterprises) Name of Insurance Company ______________________________________________________________________________________ Address _________________________________________________ City ____________________ State ______ Zip ______________ Contact Person __________________________________________ Phone (____) ________________ Fax (____) _________________ List insurance type _____________________________________________ Liability Limit $ __________________________________ 21. List Business Banking Information: (Business bank account required for all business enterprises) Primary Business Bank __________________________________________________________________________________________ Address _________________________________________________ City ____________________ State ______ Zip ______________ Contact Person __________________________________________ Phone (____) ________________ Fax (____) _________________ **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT 5 Revision date 1/23/2008

22.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 List total amount of taxes paid to DC Government (specify type of taxes paid in the current and latest tax year): Check all that apply Current, Year-to-Date Last Fiscal Year 20_____ ____ Arena $_____________________ $___________________ ____ Ballpark Sales $_____________________ $___________________ ____ Corporate $_____________________ $___________________ ____ Fuel $_____________________ $___________________ ____ Personal Property $_____________________ $___________________ ____ Sales and Use $_____________________ $___________________ ____ Real Estate $_____________________ $___________________ ____ Unemployment $_____________________ $___________________ ____ Other $_____________________ $___________________

23. List the Certified Business Enterprise (CBE) status you are applying for (please choose all that are applicable and refer to the Supporting Documentation Checklist”). _____ Local Business Enterprise (all certified business enterprises must qualify as local; business enterprises that do not qualify as local, can not qualify for any other CBE status) _____ Small Business Enterprise (if certified by the United States Small Business Administration as a small business concern under the Small Business Act, or if average gross revenue for the preceding three years does not exceed the applicable revenue limit below) _____ Disadvantaged Business Enterprise (please include Disadvantaged letter and notarized DBE form) _____ Resident Owned Business (include signed copy of most recent DC personal tax returns) _____ Longtime Resident Business (include documentation such as tax returns, leases or deeds, and/or utility bills for the past 20 years if a local business, or for the past 15 years if a small business) _____ Local Business with a Principal Office Located within a District Enterprise Zone – (please verify at http://dslbd.dc.gov) For Small Business Enterprise Certification Only Industry Type Revenue Limit Construction, Heavy (Street and Highways, Bridges, etc.) $23 million Construction, Building (General Construction, etc.) $21 million Construction, Specialty Trades $13 million Goods & Equipment $20 million General Services $19 million Professional Services, Personal Services (Hotel, Beauty, Laundry, etc.) $5 million Professional Services, Business Services $10 million Professional Services, Health & Legal Services $10 million Professional Services, Health Facilities Management $19 million Manufacturing Services

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 $10 million Transportation & Hauling Services $13 million Financial Institutions $300 million

**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT 6 Revision date 1/23/2008

24.Business, professional and/or trade licenses (if applicable): License Type License Number License Expiration Date Authorizing Entity of License 25. What is the value of the total fixed (excluding cash or liquid) assets of the business enterprise, and the value and percentage of fixed assets located in the District of Columbia? (Amounts should coincide with Fixed Asset Inventory submitted) $ ________________________ $ ________________________ __________________________% Total Assets Fixed Assets in DC Percentage of Fixed Assets in DC 26. List the total number of employees, and corresponding number of employees who are residents of the District of Columbia, on payroll with the business enterprise for the preceding three years. Year Number of Employees Number of D.C. Residents Employees Number of Full-Time Employees Number of Part-Time Employees Number of D.C. Resident Full-Time Employees Number of D.C. Resident Part-Time Employees

27. List Gross Annual Revenues for the Last Three (3) Years: Year Gross Annual Revenue _________________________ $ _________________________ _________________________ $ _________________________ _________________________ $ _________________________ 28. List Source of Business Revenues from most recent fiscal year: Source of Business Revenues Contracts/Sales Fiscal Year Amount Percentage of Total Revenues DC Government Contracts Prime

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 $ DC Government Contracts Sub $ Federal Government Contracts Prime $ Federal Government Contracts Sub $ Private Sector $ Other State or Local Contracts $ Total $

100% **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT 7 Revision date 1/23/2008

29. Have you previously worked and/or are you currently working on any contracts with the District of Columbia? Yes No 30. List the contract and dollar value of the firm’s three (3) largest contracts over the last three years: Contract Dollar Amount Date Completed Prime/Sub Contractor 31. Does the business enterprise have any other affiliated entities (e.g. parent company, subsidiary, etc.)? Yes No If yes, please provide a copy of three years of Federal and State income taxes, and the most recent UC-30 of the affiliate(s). 32. Does the business enterprise currently hold any other certifications (e.g. SBA, MDOT, MWAA, WMATA, NMSDC, WBENC, VDOT, etc.)? Yes No If yes, please provide the following information. Issue Date Expiration Date Small Business Association (SBA) Maryland Department of Transportation (MDOT) Virginia Department of Transportation (VDOT) Metropolitan Washington Airport Authority (MWAA) Washington Metropolitan Area Transit Authority (WMATA) National Minority Supplier Development Council (NMSDC) Women's Business Enterprise National Council (WBENC) 33. Complete and have notarized the attached affidavit and submit it, along with all other application documents, to: District of Columbia Department of Small and Local Business Development 441 4th Street, NW, Suite 970N Washington, DC 20001 Tel: (202) 727-3900 Fax: (202) 724-3786 **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 8 Revision date 1/23/2008 SWORN AFFIDAVIT The undersigned, as a duly authorized representative of (Business Enterprise Name)_____________________________________________, swears (or affirms) that the statements made as part of the attached certification application and submitted with or without a bid or proposal request to the Department of Small and Local Business Development are true and correct and include all material information necessary: 1. To identify and explain the operations of the company; 2. To identify the ownership of the company ; and, otherwise, 3. Establish the company’s eligibility for certification under the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended (D.C. Law 16-33; 52 DCR 7503) D.C. Official Code § 2-218.01 et seq. Sign only in the presence of a Notary Public

Signature: _________________________________________________________________ Date: ________________________________ Name (please print): __________________________________________________________ Title: _______________________________ Signed and sworn to (or affirmed) before me this ____ day of _________________, ______, by __________________________________, who is well known to me as the person who executed the foregoing affidavit and who acknowledged the same to be his/her free act and deed. Before me personally (name of Notary Public): _____________________________________ (Please Print) City of: ________________________ State of: _____________________________________ Notary Signature: ___________________________ (Seal) My Commission expires: ________________ **THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT 9 Revision date 1/23/2008

CHECKLISTS Sole Proprietorship o Affidavit o Business, professional and/or trade licenses o Certificate of occupancy or home occupancy permit o Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue o Company capability statement, including a brief description of products or services o District or state and federal tax returns, last three years, and all schedules (signed) o Dun & Bradstreet Number (DUNS) o Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days) o Lease or deed for business site (signed) o Most recent Form UC-30 (Employer's Quarterly Contribution and Wage Report) (if applicable) o

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 List of Current Employees (including name and home address for each employee) o Proof of citizenship (e.g. birth certificate, passport or permanent resident card) o Proof of residency (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card) o Resumes of key personnel Partnership o Affidavit o Company capability statement, including a brief description of products or services o Business, professional and/or trade licenses Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue o Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs o Certificate of occupancy or home occupancy permit o District or state and federal tax returns for each partner, or Business Partnership Tax Returns, last three years, and all schedules (signed) o Dun & Bradstreet Number (DUNS) o Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days) o Lease or deed for business site (signed) o Partnership agreement, buy-out rights and profit sharing agreement o Most recent Form UC-30 (Employer's Quarterly Contribution and Wage Report) (if applicable) o List of Current Employees (including name and home address for each employee) o Proof of citizenship (e.g. birth certificate, passport or permanent resident card—submit only one) o Proof of residency (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card) o Resume for each partner Corporation o Affidavit o Articles of incorporation o Business, professional and/or trade license(s) o By-laws of corporation and any amendments o Certificate of incorporation o Certificate of occupancy or home occupancy permit o Company capability statement, including a brief description of products or services o District or state and federal tax returns, last three years, and all schedules (signed) o Copy of each stock certificate issued (front and back) and stock ledger o Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days) o Dun & Bradstreet number (DUNS) o Lease or deed for business site (signed) o

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Minutes of first and most recent organizational meeting o Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue o Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs o Most recent Form UC-30 (Employer's Quarterly Contribution and Wage Report) (if applicable) o List of Current Employees (including name and home address for each employee) o Resumes of key personnel o Proof of citizenship of principal owner(s) (e.g. birth certificate, copy of passport, or permanent resident card) o Proof of residency of principal owner(s) (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card)

**THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT SUBMIT THIS APPLICATION. APPLICATIONS MUST BE FILLED OUT ONLINE. GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT 10 Revision date 1/23/2008 Limited Liability Corporation (LLC) o Affidavit o Articles of organization o Operating agreement o Business, professional and/or trade license(s) (if applicable) o Certificate of organization o Certificate of occupancy or home occupancy permit o Company capability statement, including a brief description of products or services o District or state and federal tax returns, last three years, and all schedules (signed) o Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days) o Dun & Bradstreet number (DUNS) o Lease or deed for business site (signed) o Minutes of first and most recent organizational meeting o Most recent Certificate of Good Standing or Notice of Tax Registration issued by Office of Tax and Revenue o Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs o Most recent Form UC-30 (Employer's Quarterly Contribution and Wage Report) (if applicable) o List of Current Employees (including name and home address for each employee) o Resumes of key personnel o Proof of citizenship of principal owner(s) (e.g. birth certificate, copy of passport, or permanent resident card) Proof of residency of principal owner(s) (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card) Disadvantaged Business Enterprise (DBE) o DBE Form o

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 DBE Narrative Letter (on letterhead, signed and dated) o Submit personal District or state and federal tax returns for the last year (signed) o Personal Financial Statement Resident Owned Business (ROB) o Residential lease or deed o Submit personal District or state and federal tax returns for the last year (signed) o Proof of residency of principal owner(s) (e.g. copy of driver's license or DMV picture ID and copy of current residential utility bill or voter registration card) Local Business with a Principal Offices Located within an Enterprise Zone (DZE) o Verification from the Enterprise Zone Finder Map (please verify at http://dslbd.dc.gov) Longtime Resident Business (LRB) Business which has been continuously eligible for certification as a local business enterprise for twenty (20) consecutive years, or a small business which has been continuously eligible for certification as a local business for fifteen (15) years o Submit Twenty (20) or Fifteen (15) years of District tax returns as proof of continuous eligibility All Businesses Less Than One Year Old o Business Plan o Proof of capital injection (e.g. current bank statement) Recertification o Business, professional and/or trade licenses o Most recent Certificate of Good Standing issued by Office of Tax and Revenue o Most recent Certificate of Good Standing issued by Department of Consumer and Regulatory Affairs o District or state and federal tax returns, last two years, and all schedules (signed) o Current financial statement – Balance Sheet, Profit and Loss Statement, and Fixed Asset Inventory (no older that 90 days) o Lease or deed for business site (signed) o Most recent Form UC-30 (Employer's Quarterly Contribution and Wage Report) (if applicable) o List of Current Employees (including name and home address for each employee) Upgrade o Additional NIGP Codes Submit proof of capabilities (i.e., receipts from customers, invoices with proof of payment, paid contracts including proof of payment, resumes/degrees/certifications) related to the requested codes) o Address Change Copy of lease or deed for business location Certificate of occupancy or home occupation permit

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

ATTACHMENT J.7 Hazmat Survey and Phase 1 ESA (AVAILABLE ON CD)

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

ATTACHMENT J.8 Salvage, Preserve & Protect Set, August 13, 2008 (AVAILABLE ON CD)

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

PART IV SECTION K: CERTIFICATIONS, REPRESENTATIONS AND OTHER STATEMENTS OF BIDDERS K-1.

Certification of Eligibility

K-2.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction

K-3.

Payment to Subcontractor and Suppliers Certification

K-4.

Equal Opportunity Compliance

K-5.

Tax Certification Affidavit

K-6.

Bid Bond

K-7.

Certification as to Corporation

K-8.

Certification of Independent Price Determination

K-9.

Employment Agreement

K-10. Certification under “Buy American Act” (applicable to purchase of material and equipment) K-11. Certification as to Type of Business Organization

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-1 CERTIFICATE OF ELIGIBILITY

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

CERTIFICATION OF ELIGIBILITY

, being duly sworn (or (President or Authorized Official of Bidder) under penalty of perjury under the laws of the United States), certifies that, except as noted below, (the Company) or any person associated therewith in the capacity of (owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds): is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility under any Federal, District or State statutes; has not been suspended, debarred, voluntarily excluded or determined ineligible by an Federal, District or state agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Exceptions will not necessarily result in denial of award, but will be considered in determining acceptability of offeror. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

____________________________

Contractor

President or Authorized Official __

Date

Title

The penalties for making false statements are prescribed in the Program Fraud Civil Remedies Act of 1986 (Public Law 99-509, 31 U.S.C. 3801-3812). Subscribed and sworn before me this _____day of At City and State

Notary Seal

Notary Public

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-2 CERTIFICATE REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 CERTIFICATION REGARDING DEBARMENT SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTION

, being duly sworn (or (President or Authorized Official of Bidder) under penalty of perjury under the laws of the United States), certifies that, except as noted below, (the Company) or any person associated therewith in the capacity of (owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds): is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility under any Federal, District or State statutes; has not been suspended, debarred, voluntarily excluded or determined ineligible by an Federal, District or state agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Exceptions will not necessarily result in denial of award, but will be considered in determining acceptability of offeror. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. _______________________________ President or Authorized Official

Contractor Date

Title

The penalties for making false statements are prescribed in the Program Fraud Civil Remedies Act of 1986 (Public Law 99-509, 31 U.S.C. 3801-3812). Subscribed and sworn before me this

day

At City and State Notary Seal

Notary Public

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-3 CERTIFICATE OF PAYMENT TO SUBCONTRACTOR AND SUPPLIERS CERTIFICATION

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 PAYMENT TO SUBCONTRACTOR AND SUPPLIERS CERTIFICATE The Contractor, prior to receiving a progress payment, shall submit to the Contracting Officer, certification that the Contractor has made and will make timely payments to his subcontractor and suppliers per his contractual arrangements with them. The certification must be accompanied by a list of all subcontractor and suppliers who will receive payment from the invoice and the dollar amount. Payment will not be made until the Prime Contractor submits this information. Certification shall be made on the following standard form to: Wayne R. Minor, Chief Procurement Officer Office of Procurement 901 G Street N.W., Suite 401 Washington, D.C. 20001 I hereby certify: I have made and/or will make timely payments to all my subcontractor and suppliers per my contractual arrangements with them.

Contractor/Company Name

Signature of Official

Date

Title

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-4 EQUAL OPPORTUNITY COMPLIANCE NOTE:

The note in the top-left box of “SUBCONTRACTOR SUMMARY FORM” stating: “ The standard for minority subcontracting is 25%....” is superseded by: The revised minimum LSDBE Subcontracting Set-Aside requirements as specified in “Section-M” of this IFB document.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS AFFIRMATIVE ACTION PROGRAM: Submission by the Contractor and all subcontractor of an Affirmative Action Plan in compliance with the requirements of Mayor's Order 85-85 is a requirement of this contract. These Affirmative Action Plans must be received by Wayne R. Minor, Chief Contracting Officer, DC Public Library Office of Procurement, 901 G Street NW Washington, DC Suite 401, within five (5) working days subsequent to the bid opening. Failure to comply in a timely manner may render the bid non-responsible. MINORITY AND FEMALE UTILIZATION: A minority utilization rate of forty-two percent (42%) for each craft and a female utilization rate of six and nine/tenths percent (6.9%) in the Contractor1s and subcontractor' aggregate construction workforce is applicable to this project. DC RESIDENT HIRING GOAL In accordance with the Mayor’s Order 83-265. A signed First source Employment Agreement is a requirement for all contracts of $100,000.00 or more. Failure to sign the First Source Employment Agreement, included as a part of the bid forms, may render the bid non-responsive. The First source Employment Agreement must be submitted with the bid. Any agreement of a contractual nature shall contain the following basic goals and objectives for utilization of BONA FIDE residents of the District of Columbia in each project’s labor force: A.

At least fifty-one percent (51%) of all jobs created are to be performed by employees who are residents of the District of Columbia.

B.

At least fifty-one percent (51%) of apprentices and trainees employed shall be residents of the District of Columbia, registered in programs approved by the DC Apprenticeship Council.

APPRENTICESHIP PROGRAM All prime Contractors and subcontractor who contract with the District of Columbia Government to perform construction or renovation work with a single contract or cumulative contracts of at least $500,000.00 let within a twelve (12) month period, shall be required to register an apprenticeship program with the District of Columbia Apprenticeship Council. (D.C. Code 3-404 1988). APPRENTICES AND TRAINEES This S.P. supplements APPRENTICES AND TRAINEES. Article 3 of STANDARD CONTRACT PROVISIONS FOR USE WITH SPECIFICATIONS FOR DISTRICT GOVERNMENT CONSTRUCTION PROJECTS, DATED JANUARY 2007; as amended by the Transmittal Sheet No.5.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 (1)

In Items A, B and C, except for subparagraph C5, wherever the words "Apprenticeship Council, DC Department of Labor" appear, add immediately after: "and/or U.S. Department of Labor."

The Contractor and all Subcontractors shall furnish to the Contracting Officer written evidence of the registration of his/her program and apprentice as well as the appropriate ratios and wage rates for the areas of construction, prior to using any apprentice on the contract. EMPLOYMENT OF THE HANDICAPPED The Contractor and all subcontractors agree not to discriminate against any handicapped person who is qualified to perform the job and also agrees to take Affirmative Action to hire, recruit, train and upgrade qualified handicapped persons without discrimination. UTILIZATION OF MINORITY BANKING INSTITUTIONS: All prime and subcontractor are encouraged to use the services of banks and other financial institutions owned and controlled by minorities and females. MONTHLY EMPLOYMENT UTILIZATION REPORTS:

Submission of Monthly Employment Utilization Reports (Form AARU-1 02) to the COTR is a requirement of this contract. These reports are due on the last working day of each month at the following address: 901 G Street NW Suite 443 Washington, DC 20001 Attn: Chris Wright Prime Contractors are responsible for timely submission of these reports from their entire subcontractor. Failure to comply with this requirement may delay partial payment voucher processing.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 ON YOUR [bidder’s] LETTER-HEAD EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY STATEMENT _______________SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITIAL STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, FAMILY RESPONSIBILITIES, MATRICULATION, POLITICAL AFFILIATION, OR PHYSICAL HANDICAP. ________________AGREES TO AFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT, WITHOUT REGARD TO THEIR RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITIAL STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, FAMILY RESPONSIBILITIES, MATRICULATION, POLITICAL AFFILIATION, OR PHYSICAL HANDICAP.THE AFFIRMATIVE ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: (A) EMPLOYMENT, UPGRADING, OR TRANSFER; (B) RECRUITMENT OR RECRUITMENT ADVERTISING; (C) DEMOTION, LAYOFF, OR TERMINATION; (D) RATES OF PAY, OR OTHER FORMS OF COMPENSATION; AND (E) SELECTION FOR TRAINING AND APPRENTICESHIP. ________________AGREES TO POST IN CONSPICUOUS PLACES THE PROVISIONS CONCERNING NONDISCRIMINATION AND AFFIRMATIVE ACTION. ________________SHALL STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSIDERATION FOR EMPLOYMENT PURSUANT TO SUBSECTION 1103.2 THROUGH 1103.10 OF MAYOR’S ORDER 85-85; “EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS IN CONTRACTS.” ________________AGREES TO PERMIT ACCESS TO ALL BOOKS PERTAINING TO ITS EMPLOYMENT PRACTICES, AND TO REQUIRE EACH SUBCONTRACTOR TO PERMIT ACCESS TO BOOKS AND RECORDS. ________________AGREES TO COMPLY WITH ALL GUIDELINES FOR EQUAL EMPLOYMENT OPPORTUNITY APPLICABLE IN THE DISTRICT OF COLUMBIA. ________________SHALL INCLUDE IN EVERY SUBCONTRACT THE EQUAL OPPORTUNITY CLAUSES, SUBSECTION 1103.2 THROUGH 1103.10 SO THAT SUCH PROVISIONS SHALL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR. _______________________________________________ AUTHORIZED OFFICIAL AND TITLE _______________________________________________ AUTHORIZED SIGNATURE _______________________________________________ FIRM/ORGANIZATION NAME _______________________________________________ DATE

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 ASSURANCE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND THE RULES IMPLEMENTING MAYORS ORDER 85-85, 33 DCR 4952, (PUBLISHED AUGUST 15, 1986), “ON COMPLIANCE WITH EQUAL OPPORTUNITY REQUIREMENTS IN DISTRICT GOVERNMENT CONTRACTS,” ARE HEREBY INCLUDED AS PART OF THIS BID/PROPOSAL. THEREFORE, EACH BIDDER/OFFEROR SHALL INDICATE BELOW THEIR WRITTEN COMMITMENT TO ASSURE COMPLIANCE WITH MAYOR’S ORDER 85-85 AND THE IMPLEMENTING RULES. FAILURE TO COMPLY WITH THE SUBJECT MAYOR’S ORDER AND THE IMPLEMENTING RULES SHALL RESULT IN REJECTION OF THE RESPECTIVE BID/PROPOSAL. I, ______________________________________________, THE AUTHORIZED REPRESENTATIVE OF ___________________________________________, HEREINAFTER REFERRED TO AS “THE CONTRACTOR,” CERTIFY THT THE CONTRATOR IS FULLY AWARE OF ALL OF THE PROVISIONS OF MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND OF THE RULES IMPLEMENTING MAYOR’S ORDER 85-85, 33 DCR 4952. I FURTHER CERTIFY AND ASSURE THAT THE CONTRACTOR WILL FULLY COMPLY WITH ALL APPLICABLE PROVISIONS OF THE MAYOR’S ORDER AND IMPLEMENTING RULES IF AWARDED THE D.C. GOVERNMENT REFERENCED BY THE CONTRACT NUMBER ENTERED BELOW. FURTHER, THE CONTRACTOR ACKNOWLEDGES AND UNDERSTANDS THAT THE AWARD OF SAID CONTRACT AND ITS CONTINUATION ARE SPECIFICALLY CONDITIONED UPON THE CONTRACTOR’S COMPLIANCE WITH THE ABOVE-CITED ORDER AND RULES. ____________________________________________ CONTRACTOR ____________________________________________ NAME ____________________________________________ SIGNATURE ____________________________________________ TITLE ____________________________________________ CONTRACT NUMBER _______________________________________ DATE

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER INFORMATION REPORT

GOVERNMENT OF THE DISTRICT OF COLUMBIA

Reply to: DCPL Office of Procurement 901 G Street NW Suite 401 Washington, DC 20001

DC Public Library Office of Procurement Employer Information Report (EEO)

Instructions: Two (2) copies of DAS 84-404 or Federal Form EEO-1 shall be submitted to the Office of Contracting and Procurement. One copy shall be retained by the Contractor.

Section A – TYPE OF REPORT 1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX)

Single Establishment Employer (1) Single-establishment Employer Report

1.

Multi-establishment Employer: (2) Consolidated Report (3) Headquarters Report (4) Individual Establishment Report (submit one for each establishment with 25 or more employees) (5) Special Report

Total number of reports being filed by this Company. _______________________ OFFICIAL USE ONLY

Section B – COMPANY IDENTIFICATION (To be answered by all employers) 1. Name of Company which owns or controls the establishment for which this report is filed

Address (Number and street)

City or Town

a.

Country

State

Zip Code

b.

b.

2.

Employer Identification No. Establishment for which this report is filed.

a.

OFFICIAL USE ONLY

Name of establishment

c.

Address (Number and street)

City or Town

Country

State

Zip Code d.

b. 3.

Employer Identification No.

Parent of affiliated Company a.

Name of parent or affiliated Company

Address (Number and Street)

b.

Employer Identification No.

City or Town

Country

State

Zip Code

Section C - ESTABLISHMENT INFORMATION 1. Is the location of the establishment the same as that reported last year? Yes No Did not report Report on combined Last year basis 2.

2. Is the major business activity at this establishment the same as that reported last year? Yes No No report last year Reported on combined basis

OFFICIAL USE ONLY

What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale plumbing supplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal business or industrial activity. e.

3.

MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members). Yes

DAS 84-404

No

(Replaces D.C. Form 2640.9 Sept. 74 which is Obsolete)

84-2P891

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 SECTION D – EMPLOYMENT DATA Employment at this establishment – Report all permanent, temporary, or part-time employees including apprentices and on-the-job trainees unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be considered as zero. In columns 1, 2, and 3, include ALL employees in the establishment including those in minority groups MINORITY GROUP EMPLOYEES TOTAL EMPLOYEES IN ESTABLISHMENT Total Employees Including Minorities (1)

JOB CATEGORIES

Total Male Including Minorities (2)

Total Female Including Minorities (3)

MALE

Black

Oriental

(4)

(5)

American Indian (6)

FEMALE Spanish Surname American (7)

Black

Oriental

(8)

(9)

American Indian (10)

Span ish Surn ame Ame rican (11)

Officials and Managers Professionals Technicians Sales Workers Office and Clerical Craftsman (Skilled) Operative (SemiSkilled) Laborers (Unskilled) Service Workers TOTAL Total employ reported in previous report

(The trainee below should also be included in the figures for the appropriate occupation categories above) Formal (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) White On-The(11) collar Job Trainee Produ ction

1. How was information as to race or ethnic group in Section D obtained? 2. Dates of payroll period used a. Visual Survey c. Other Specify ________ __ 3. Pay period of last report submitted for this b. Employment Record____________________ establishment.____________________________ Section E – REMARKS Use this Item to give any identification data appearing on last report which differs from that given above, explain major changes in composition or reporting units, and other pertinent information. Section F - CERTIFICATION Check 1. All reports are accurate and were prepared in accordance with the instructions(check on consolidated only) One 2. This report is accurate and was prepared in accordance with the instructions. Name of Authorized Official Title Signature Date ________________________________________________________________________________ Name of person contact regarding Address This report (Type of print) (Number and street) Title

City and State

Zip Code

Telephone

Number

Extension

INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 PROJECTED GOALS AND TIMETABLES FOR FUTURE HIRING MINORITY GROUP EMLOYES GOALS TIMETABLES ____________________________________________________________________________________ JOB MALE FEMALE CATEGORIES AMERICAN AMERICAN BLACK ASIAN INDIAN HISPANIC BLACK ASIAN INDIAN HISPANIC OFFICIALS & MANAGERS PROFESSIONA LS TECHNICIANS SALES WORKERS OFFICE AND CLERICAL CRAFTSMANS (SKILLELD) OPERATIVE (SEMISKILLED) LABORERS (UNSKILLED) SERVICE WORKERS TOTALS NAME OF AUTHORIZED OFFICIAL:

FIRM NAME:

TITLE:

SIGNATURE:

TELEHONE NO:

INDICATE IF THE PRIME UTILIZES A “MINORITY FINANCIAL INSTITUTION” _______ Yes

_______ No

NAME: ADDRESS: TYPE OF ACCOUNT/S:

DATE:

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 DISTRICT OF COLUMBIA REGISTER GOVERNMENT OF THE DISTRICT OF COLUMBIA ADMINISTRATIVE ISSUANCE SYSTEM SUBJECT: Compliance with Equal Opportunity Obligations in Contracts ORIGINATING AGENCY: Office of the Mayor

By virtue of the authority vested in me as Mayor of the District of Columbia by Section 422 of the District of Columbia self-government and Government Reorganization Act of 1973 as amended, D.C. Code section 1-242 (1981-Ed.), it is hereby ORDERED that Commissioner’s Order No. 73-51, dated February 28, 1973, is hereby rescinded and reissued in its entirety to read as follows: 1.

Establishment of Policy: There is established a policy of the District of Columbia Government to: (a) provide equal opportunity in employment for all persons with respect to any contract by and with the Government of the District of Columbia. (b) prohibit discrimination in employment because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, or physical handicap; (c) provide equal opportunity to all persons for participation in all District of Columbia Government contracts, including but not limited to lease agreements, Industrial Revenue Bond financing, and Urban Development Action grants; (d) provide equal opportunity to minority business enterprises in the performance of District of Columbia Government contracts in accordance with Mayor’s Orders, District of Columbia laws, and rules and regulations promulgated by the Minority Business Opportunity Commission; and (e) promote the full realization of equal employment through affirmative, continuing programs by Contractors and subcontractor in the performance of contracts with the District of Columbia Government.

2.

Delegation of Authority: The Director of the Office of Human Rights (hereinafter “Director”) is delegated the authority vested in the Mayor to implement the provisions of this order as set forth herein, and any rules, regulations, guidelines, and procedures adopted pursuant thereto.

3.

Responsibilities: The Director of the Office of Human Rights shall be responsible for establishing and ensuring agency compliance with the policy set forth in this Order, any rules, regulations, and procedures that may be adopted by the Office of Human Rights pursuant to this Order, and any other equal opportunity provisions as may be added as a part of any contract.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 4.

Powers and Duties: The Director of the Office of Human Rights shall have the following powers and duties: (a) to establish standards and procedures by which Contractors and subcontractor who perform under District of Columbia Government contracts shall comply with the equal opportunity provisions of their contracts; to issue all orders, rules, regulations, guidelines, and procedures the Director may deem necessary and proper for carrying out and implementing the purposes of this Order; (b) to assume equal opportunity compliance jurisdiction over any matter pending before a contracting agency where the Director considers it necessary or appropriate for the achievement of the purposes of this Order, keep the contracting agency informed of all actions taken, and act through the contracting agency to the extent appropriate and practicable; (c ) to examine the employment practices of any District of Columbia Government Contractor or subcontractor, or initiate the examination by the appropriate contracting agency to determine whether or not the contractual provisions specified in any rules and regulations adopted pursuant to this Order have been violated, and notify the contracting agency of any action taken or recommended; (d) to monitor and evaluate all District of Columbia Government agencies, including those independent agencies and commissions not required to submit the Affirmative Action Programs of their Contractors to the Office of Human Rights for approval, to ensure compliance with the equal opportunity obligations in contracts; (e) to use his or her best efforts to cause any labor union engaged in work under District of Columbia Government contracts, any referral, recruiting or training agency, or any other representative of workers who are or may be engaged in work under contracts and subcontracts to cooperate in and to comply with the implementation of the purposes of this Order; (f) to notify, when appropriate, the concerned contracting agencies, the Office of Federal Contract Compliance Programs, the U.S. Department of Justice, or other appropriate Federal, State, and District agencies, whenever the Director has reason to believe that practices of any Contractor, labor organization, lending institution, insurance firm, or agency violate provisions of Federal, State, or District, laws; (g) to enter, where the determinations are made by Federal, State, or District agencies, into reciprocal agreements with those agencies to receive the appropriate information; (h) to hold hearings, public or private, as necessary to obtain compliance with any rules, regulations, and procedures promulgated pursuant to this Order, and to issue orders relating thereto. No order to terminate or cancel a contract, or to withhold from any Contractor further District of Columbia Government Contractors shall be issued without affording the Contractor an opportunity for a hearing. Any order to terminate or cancel a contract or to withhold from any Contractor further District of Columbia Government contracts shall be issued in accordance with rules, and regulations pursuant to the Administrative Procedure Act, as amended and;

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 (i) to grant waivers from the minimum standards for the employment of minorities and women in Affirmative Action Programs in exceptional cases, as circumstances may warrant. 5.

Duties of Contracting Agencies: Each contracting agency shall have the following duties: (a) the initial responsibility for ensuring that Contractors and subcontractor are in compliance with any rules, regulations, and procedures promulgated pursuant to this Order; (b) to examine the employment practices of Contractors and subcontractor in accordance with procedures established by the Office of Human Rights, and report any compliance action to the Director of the Office of Human Rights; (c) to comply with the terms of this Order and of the orders, rules, regulations, guidelines, and procedures of the Office of Human Rights issued pursuant thereto in discharging their responsibility for securing contract compliance; and (d) to secure compliance with any rules, regulations, and procedures promulgated pursuant to this Order before or after the execution of a contract by methods, of conference, conciliation and persuasion. No enforcement proceedings shall be initiated, nor shall a contract be cancelled or terminated in whole or in part, unless such methods have first been attempted.

6.

Procedures: The procedures to be followed in implementing this Order shall be those set forth in Orders, rules, regulations, and guidelines as may be promulgated by the Office of Human Rights.

7.

Severability: If any section, subsection, sentence, clause, phrase, or portion of the provisions in this Order is for any reason declared by any court of competent jurisdiction to be invalid or unconstitutional, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining provisions of this order.

8.

Effective Date: This Order shall become effective immediately.

Signed by Marion Barry, Jr. Mayor

ATTEST:

Signed by Clifton B. Smith Secretary of the District of Columbia

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 OFFICE OF HUMAN RIGHTS NOTICE OF FINAL RULEMAKING The Director of the Office of Human Rights hereby gives notice of the adoption of the following final rules governing standards and procedures for equal employment opportunity applicable to Contractors and subcontractor under District of Columbia Government Contracts. Notice of Proposed Rulemaking was published for public comment in the D.C. Register on April 11, 1986 at 33 DCR 2243. Based on some the comments received and upon further review by the Office of Human Rights, minor revisions were made in the rules at the following subsections: 1104.1, 1104.2, 1104.4, 1104.13, 1104.17(e) (5), 1104.28, 1107.1, 1199.1, and at page 15 the definition of minority was written out in addition to citing its D.C. Code. None of the revisions change the intent of the proposed final rules. Final action to adopt these final rules was taken on August 4, 1986, and will be effective upon publication of this notice in the Register. CHAPTER 11 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS IN CONTRACTS 1100.

PURPOSE

1100.1

These rules shall govern standards and procedures to be followed by Contractors and subcontractor performing under District of Columbia Government contracts for goods and services, including construction contracts, for the purpose of assuring equal employment opportunity for minorities and women.

1100.2

These rules establish requirements for Contractors and subcontractor regarding their commitment to observe specific standards for the employment of minorities and women and to achieve affirmative action obligations under District of Columbia contracts. These rules are not intended nor shall be used to discriminate against any qualified applicant for employment or employee.

1101

SCOPE

1101.1

Except as hereinafter exempted, the provisions of this chapter shall apply to all District of Columbia Government contracts subject to Mayor’s Order No. 85-85, and any rules, regulations, and procedures promulgated pursuant to that Mayor’s Order.

1102

COVERAGE

1102.1

The provisions of this chapter shall govern the processing of any matter before the Office Human Rights involving the following: (a) Discrimination in employment on grounds of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, or physical handicap by any District of Columbia Government Contractor; and

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

1103

(b) Achievement of affirmative action obligations under District of Columbia contracts. CONTRACT PROVISIONS

1103.1

Each contract for goods and services, including construction contracts, except construction subcontracts for standard commercial supplies or raw materials, shall include as express contractual provisions the language contained in subsections 1103.2 through 1103.10.

1103.2

The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, or physical handicap.

1103.3

The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, or physical handicap. The affirmative action shall include, but not be limited to the following: (a) (b) (c) (d) (e)

Employment, upgrading, or transfer; Recruitment or recruitment advertising; Demotion, layoff, or termination; Rates of pay, or other forms of compensation; and Selection for training and apprenticeship.

1103.4

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Agency, setting forth the provisions in subsections 1103.2 and 1103.3 concerning non-discrimination and affirmative action.

1103.5

The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment pursuant to the non-discrimination requirements set forth in subsection 1103.2

1103.6

The Contractor agrees to send to each labor union or representative of workers with which it has a collective bargaining agreement, or other contract or understanding, a notice to be provided by the Contracting Agency, advising each labor union or workers’ representative of the Contractor’s commitments under this chapter, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

1103.7

The Contractor agrees to permit access to all books, records, and accounts, pertaining to its employment practices, by the Director and the Contracting Agency for purposes of investigation to ascertain compliance with this chapter, and to require under terms of any subcontractor agreement each subcontractor to permit access of such subcontractor, books, records, and accounts for such purposes.

1103.8

The Contractor agrees to comply with the provisions of this chapter and with all guidelines for equal employment opportunity applicable in the District of Columbia adopted by the Director, or any authorized official.

1103.9

The prime Contractor shall include in every subcontract the equal opportunity clauses, subsections 1103.2 through 1103.10 of this section, so that such provisions shall be binding upon each subcontractor or vendor.

1103.10

The prime Contractor shall take such action with respect to any subcontractor as the Contracting Officer may direct as a means of enforcing these provisions, including sanctions for non-compliance; provided, however, that in the event the prime Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the prime Contractor may request the District to enter into such litigation to protect the interest of the District.

1104

AFFIRMATIVE ACTION PROGRAM

1104.1

Each apparent low bidder for a construction contract shall complete and submit to the Contracting Agency, prior to the execution of any contract in the amount of twenty-five thousand dollars ($25,000) or more, and each Contractor covered under subsection 1105.1, an Affirmative Action Program to ensure equal opportunity which shall include specific standards for the utilization of minorities and women in the trades, crafts and skills to be used by the Contractor in the performance of the contract.

1104.2

Each apparent low bidder or offeror for a non-construction contract shall complete and submit to the Contracting Agency, prior to the execution of any contract in the amount of ten thousand dollars ($10,000.00) or more, and each Contractor covered under subsection 1105.2 , an Affirmative Action Program to ensure equal opportunity which shall include specific standards for the utilization of minorities in the job categories specified in subsection 1108.4.

1104.3

To ensure equal opportunity each Affirmative Action Program shall include the following commitments: (a)

With respect to construction contracts, each Contractor shall certify that it will comply with the provisions of this chapter, and submit a personnel utilization schedule for all the trades the Contractor is to utilize, indicating the actual numbers of minority and female workers that are expected to be a part of the workforce performing under the contract; and

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

(b)

1104.4

With respect to non-construction contracts, each Contractor shall certify that it will comply with the provisions of this chapter, and shall submit a personnel utilization schedule indicating by craft and skill, the minority composition of the workforce related to the performance of the work under the contract. The schedule shall include all workers located in the facility from which the goods and services are produced and shall include the same information for other facilities which have a significant relationship to the performance of work under the contract.

If the experience of the Contractor with any local union from which it will secure employees indicates that the union will not refer sufficient minorities or women to meet minority or female employment commitments, the Contractor shall, not less than ten (10) days prior to the employment of any person on the project subject to the jurisdiction of that local union, do the following: (a)

Notify the District of Columbia Department of Employment Services and at least two (2) minority and two (2) female referral organizations of the Contractor’s personnel needs, and request referral of minority and female workers; and

(b)

Notify any minority and female workers who have been listed with the Contractors as awaiting vacancies.

1104.5

If, within five (5) working days prior to commencement of work, the Contractor determines that the Department of Employment Services or the minority or female referral organizations are unable to refer sufficient minorities or women to meet its commitments, the Contractor may take steps to hire, by referral or otherwise, from the local union membership to fill the remaining job openings, provided that it notifies the local union of its personnel needs and of its employment commitments. Evidence of the notification shall be provided to the Contracting Agency.

1104.6

The Contractor shall have standing requests for additional referrals of minority and female workers with the local union, the Department of Employment Services, and the other referral sources, until such time as the Contractor has met its minority and female employment commitments.

1104.7

If the Contractor desires to lay off some of its employees in a given trade on a construction site, it shall ensure that the required number of minority and female employees remain on the site to meet the minority and female commitments.

1104.8

No Contractor shall refuse employment to any individual who has minimal facility to speak English except where the Contractor can demonstrate that the facility to speak English is necessary for the performance of the job.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

1104.9

No union with which the Contractor has a collective bargaining agreement shall refuse to refer minority and female employees to such Contractor.

1104.10

To the extent that Contractors have delegated the responsibility for some of their employment practices to some other organization or agency which prevents them from meeting their equal opportunity obligations, those Contractors shall not be considered to be in compliance with this chapter.

1104.11

The obligations of the Contractor shall not be reduced, modified, or subject to any provision in any collective bargaining agreement with labor organization which provides that the labor organizations shall have the exclusive or primary opportunity to refer employees.

1104.12

When any Contractor employs a minority person or woman in order to comply with this chapter, those persons shall be advised of their right to seek union membership, the Contractor shall provide whatever assistance may be appropriate to enable that person to obtain membership, and the Contractor shall notify the appropriate union of that person’s employment.

1104.13

The Contractor shall not discharge, refuse to employ, or otherwise adversely affect any minority person or woman because of any provision in any collective bargaining agreement, or any understanding, written or oral that the Contractor may have with any labor organization.

1104.14

If at any time, because of lack of cooperation or overt conduct, a labor organization impedes or interferes with the Contractor’s Affirmative Action Program, the Contractor shall notify the Contracting Agency and the Director immediately, setting forth the relevant circumstances.

1104.15

In any proceeding involving a disagreement between a labor organization and the Contractor over the implementation of the Contractor’s Affirmative Action Program, the Contracting Agency and the Office of Human Rights may become a party to the proceeding.

1104.16

In determining whether or not a Contractor is utilizing minorities and females pursuant to Section 1108, consideration shall be given to the following factors: (a)

The proportion of minorities and women employed in the trades and as laborers in the construction industry within the District of Columbia;

(b)

The proportion of minorities and women employed in the crafts or as operatives in non-construction industries with in the District of Columbia;

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

1104.17

(c)

The number and ratio of unemployed minorities and women to total unemployment in the District of Columbia;

(d)

The availability of qualified and qualifiable minorities and women for employment in any comparable line of work, including where they are now working and how they may be brought into the Contractor’s workforce;

(e)

The effectiveness of existing training programs in the area, including the number who complete training, the length and extent of training, employer experience with trainees, and the need for additional or expanded training programs; and

(f)

The number of additional workers that could be absorbed into each trade or line of work without displacing present employees, including consideration of present employee shortages, projected growth of the trade or line of work, and projected employee turnover.

The Contractor’s commitment to specific standards for the utilization of minorities and females as required under this chapter shall include a commitment to make every good faith effort to meet those standards. If the Contractor has failed to meet the standards, a determination of “good faith” shall be based upon the Contractor’s documented equal opportunity efforts to broaden its equal employment program which shall include, but may not necessarily be limited to, the following requirements: (a)

The Contractor shall notify the community organizations that the Contractor has employment opportunities available and shall maintain records of the organizations’ responses;

(b)

The Contractor shall maintain a file of the names and addresses of each minority and female worker referred to it and what action was taken with respect to each referred worker. If that worker was not sent to the union hiring hall for referral or if the worker was not employed by the Contractor, the Contractor’s file shall be documented and the reasons therefore;

(c)

The Contractor shall notify the Contracting Agency and the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority or female worker originally sent to the union by the Contractor for union registration, or the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its goals;

(d)

The Contractor shall participate in training programs related to its personnel needs;

(e)

The Contractor shall disseminate its EEO policy internally by doing the following: (1)

Including it in any organizational manual;

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

(f)

(2)

Publicizing it in company newspapers, annual report, etc.;

(3)

Conducting staff, employee, and union representatives meetings to explain and discuss the policy;

(4)

Posting; and

(5)

Reviewing the policy with minority and female employees.

The Contractor shall disseminate its EEO policy externally by doing the following: (1)

Informing and discussing it with all recruitment sources;

(2)

Advertising in news media, specifically including news media directed to minorities and women;

(3)

Notifying and discussing it with all known minority and women’s organizations; and

(4)

Notifying and discussing it with all subcontractor and suppliers.

1104.18

The Contractor shall make specific recruitment efforts, both written and oral, directed at all minority and women’s training organizations within the Contractor’s recruitment area.

1104.19

The Contractor shall encourage present employees to assist in the recruitment of minorities and women for employment.

1104.20

The Contractor shall validate all qualifications, selection requirements, and tests in accordance with the guidelines of the Equal Employment Opportunity Commission.

1104.21

The Contractor shall make good faith efforts to provide after school, summer and vacation employment to minority youths and young women.

1104.22

The Contractor shall develop on-the-job training opportunities, and participate and assist in any association or employer group training programs relevant to the Contractor’s employee needs.

1104.23

The Contractor shall continually inventory and evaluate all minority and female personnel for promotion opportunities.

1104.24

The Contractor shall make sure that seniority practices, job classifications, qualifications, etc. do not have a discriminatory effect on minorities and women.

1104.25

The Contractor shall make certain that all facilities and company activities are nonsegregated.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

1104.26

The Contractor shall continually monitor all personnel activities to ensure that its EEO policy is being carried out.

1104.27

The Contractor may utilize minority banking facilities as depositories for funds which may be involved, directly or indirectly, in the performance of the contract.

1104.28

The Contractor shall employ minority and female workers without respect to union membership in sufficient numbers to meet the minority and female employment standards, if the experience of the Contractor with any labor union from which it will secure employees does not indicate that it will refer sufficient minorities and females to meet its minority and female employment standards.

1104.29

The Contractor shall ensure that all of its employees as well as those of its subcontractor are made knowledgeable about the Contractor’s equal opportunity policy.

1104.30

[Reserved]

1104.31

Each Contractor shall include in all bid invitations or other pre-bid communications, written or otherwise, with respect to prospective subcontractor, the standards, as applicable, which are required under this chapter.

1104.32

Whenever a Contractor subcontracts a portion of the work in any trade, craft or skill it shall include in the subcontract, its commitment made under this chapter, as applicable, which shall be adopted by its subcontractor who shall be bound thereby and by the regulations of this chapter to the full extent as if it were the prime Contractor.

1104.33

The prime Contractor shall give notice to the Director and the Contracting Agency of any refusal or failure of any subcontractor to fulfill its obligations under this chapter.

1104.34

Failure of compliance by any subcontractor shall be treated in the same manner as a failure by the prime Contractor.

1105

EXEMPTIONS

1105.1

Prospective construction Contractors shall be exempt from submitting Affirmative Action Programs for contracts amounting to less than twenty-five thousand dollars ($25,000.00); provided, that when a construction Contractor accumulates contracts amounting to twenty-five thousand dollars ($25,000.00) or more within a period of twelve (12) months that Contractor shall be required to submit an Affirmative Action Program for each contract executed thereafter.

1105.2

Prospective non-construction Contractors shall be exempt from submitting Affirmative Action Programs for contracts amounting to less than ten thousand dollars ($10,000.00); provided, that when a non-construction Contractor accumulates contracts amounting to ten thousand dollars ($10,000.00) or more during a period of twelve (12) months that

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Contractor shall be required to submit an Affirmative Action Program for each contract executed thereafter. 1106

NONRESPONSIBLE CONTRACTORS

1106.1

If a bidder or offeror fails either to submit a complete and satisfactory Affirmative Action Program or to submit a revised Affirmative Action Program that meets the approval of the Director, as required pursuant to this chapter, the Director may direct the Contracting Officer to declare the bidder or offeror to be non responsible and ineligible for award of the contract.

1106.2

Any untimely submission of an Affirmative Action Program may, upon order of the Director, be rejected by the Contracting Officer.

1106.3

In no case shall there be any negotiation over the provision of specific utilization standards submitted by the bidder or offeror after the opening of bids or receipt of offer and prior to award.

1106.4

If any directive or order relating to non responsibility is issued under this section, the Director shall afford the bidder or offeror a reasonable opportunity to be heard in opposition to such action in accordance with subsection 1118.1, or in support of a request for waiver under section 1109.

1107

NOTICE OF COMPLIANCE

1107.1

Each Contracting Agency shall include, or require the contract bidder or offeror to include, in the invitation for bids or other solicitation used for a D.C. Governmentinvolved contract, a notice stating that to be eligible for consideration, each bidder or offeror shall be required to comply with the provisions of this chapter for the trades, crafts and skills to be used during the term of the performance of the contract whether or not the work is subcontracted.

1108

MINIMUM STANDARDS FOR MINORITY AND FEMALE EMPLOYMENT

1108.1

The minimum standards for the utilization of minorities in the District of Columbia Government construction contracts shall be forty-two percent (42%) in each trade for each project, and an aggregate workforce standard of six and nine-tenths percent (6.9%) for females in each project. Any changes in Federal standards pertaining to minority group and female employment in Federally-involved construction contracts shall be taken into consideration in any review of these requirements.

1108.2

The construction Contractor’s standards established in accordance with subsection 1108.1 shall express the Contractor’s commitment of the forty-two percent (42%) of minority personnel who will be working in each specified trade on each of the Contractor’s District of Columbia Government projects, and the aggregate standard of six and ninetenths percent (6.9%) for the employment of females in each District of Columbia Government contract.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

1108.3

The hours for minority and female workers shall be substantially uniform throughout the entire length of the construction contract for each trade used, to the effect that the same percentage of minority workers in the trades used shall be working throughout the length of work in each trade on each project, and the aggregate percentage in each project for females.

1108.4

The minimum standard for the utilization of minorities in non-construction contracts shall be twenty-five percent (25%) in each of the following nine (9) job categories: (a)

Officials and managers;

(b)

Professionals;

(c)

Technicians;

(d)

Sales workers;

(e)

Office and clerical workers;

(f)

Craftpersons (Skilled);

(g)

Operative (Semi-skilled);

(h)

Laborers (Unskilled); and

(i)

Service workers.

1108.5

With respect to non-construction contracts the Contractor’s standards established in accordance with subsection 1108.4 shall express the Contractor’s commitment of the twenty-five percent (25%) of minority personnel who will be working in each specified craft or skill in each contract.

1109

WAIVERS

1109.1

The Director may grant a waiver to a prospective Contractor from the requirement to submit a set of minimum standards for the employment of minorities and women in a particular contract, if before the execution of the contract and approval of the Affirmative Action Program, the Contractor can document and otherwise prove it is unable to meet the standards in the performance of the contract.

1110

SOLICITATION OF CONTRACT

1110.1

Each solicitation for contract covered by section 1104 shall contain a statement that Contractors shall comply with the minimum standards established pursuant to these rules for ensuring equal opportunity.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 1110.2

The contract solicitation shall require that each bidder or offeror certify that it intends to meet the applicable minimum standards in section 1108 in order to be considered for the contract.

1111

PRIOR TO EXECUTION OF CONTRACT

1111.1

Upon being designated the apparent low bidder or offeror, that Contractor shall submit a detailed Affirmative Action Program that sets forth the following: (1)

The composition of its current total workforce; and

(2)

1111.2

The composition of the workforce by race, color, national origin, and sex to be used in the performance of the contract and that of all known subcontractor that will be utilized to perform the contract. The apparent low bidder or offeror shall submit an Affirmative Action Program in accordance with section 1104 describing the actions it will take to ensure compliance with this chapter which shall be subject, prior to the execution of any contract, to the approval of the Director.

1111.3

If the Office of Human Rights does not act within ten (10) working days after the receipt of the Affirmative Action Program sent for approval, the Contracting Agency may proceed on its own determination to execute the contract.

1111.4

The apparent low bidder or offeror shall submit an Affirmative Action Program within a period of time to specified by each Contracting Agency, but which shall not exceed ten (10) working days after becoming the apparent Contractor.

1111.5

The apparent low bidder or offeror shall furnish all information and reports to the Contracting Agency as required by this chapter, and shall permit access to all books or records pertaining to its employment practices or worksites.

1111.6

No contract subject to section 1104 shall be executed by the Contracting Agency, if the apparent low bidder or offeror does not submit an Affirmative Action Program, or if the Program has been disapproved in writing by the Director.

1111.7

If there is disagreement between the Contractor and the Contracting Officer as to the adequacy of the Affirmative Action Program, the matter shall be referred to the Director for a decision.

1112

AFTER EXECUTION OF CONTRACT

1112.1

Each Contractor shall maintain throughout the term of the contract the minimum standards for the employment of minorities and women, as set forth in the approved Affirmative Action Program.

1112.2

Each Contractor shall require that each subcontractor or vendor under the contract comply with the provision of the contract and the Affirmative Action Program.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

1112.3

Each Contractor shall furnish all information as required by this chapter, and permit access to all books and records pertaining to the Contractor’s employment practices and work sites by the Director and the Contracting Agency for purposes of investigation to ascertain compliance with this chapter.

1113

MONITORING AND EVALUATION

1113.1

The Director shall, from time to time, monitor and evaluate all District of Columbia Government agencies, including those independent agencies and commissions not required to submit the Affirmative Action Program of their Contractors, to ensure compliance with the equal opportunity obligations in contracts, as provided for in this chapter.

1114

AFFIRMATIVE ACTION TRAINING PROGRAM

1114.1

Each Contractor, in fulfilling its affirmative action responsibilities under a contract with the District of Columbia Government, shall be required to have, as part of its Affirmative Action Program, an existing training program for the purpose of training, upgrading, and promotion of minority and female employees or to utilize existing programs. Those programs shall include, but not be limited to, the following:

1114.2

(a)

To be consistent with its personnel requirements, the Contractor shall make full use of the applicable training programs, including apprenticeship, on-the job training, and skill refinement training for journeymen. Recruitment for the program shall be designed to provide for appropriate participation by minority group members and women;

(b)

The Contractor may utilize a company-operated skill refinement training program. This program shall be formal and shall be responsive to the work to be performed under the contract;

(c)

The Contractor may utilize formal private training institutions that have as their objective training and skill refinement appropriate to the classification of the workers employed. When training is provided by a private organization the following information shall be supplied: (1)

The name of the organization;

(2)

The name, address, social security number, and classification of the initial employees and any subsequent employees chosen during the course of the course of the contract; and

(3)

The identity of the trades, and crafts or skills involved in the training.

If the Contractor relies, in whole or in part, upon unions as a source of its workforce, the Contractor shall use its best efforts, in cooperation with unions, to develop joint training

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 programs aimed toward qualifying more minorities and females for membership in the union, and increasing the skills of minority and female employees so that they may qualify for higher paying employment. 1114.3

Approval of training programs by the Contracting Agency shall be predicated, among other things, upon the quality of training, numbers of trainees and trades, crafts or skills involved, and whether the training is responsive to the policies of the District of Columbia and the needs of the minority and female community. Minority and female applicants for apprenticeship or training should be selected in sufficient numbers as to ensure an acceptable level of participation sufficient to overcome the effects of past discrimination.

1115

COMPLIANCE REVIEW

1115.1

The Director and the Contracting Agency shall review the Contractor’s employment practices during the performance of the Contract. Routine or special reviews of Contractors shall be conducted by the Contracting Agency or the Director in order to ascertain the extent to which the policy of Mayor’s Order No. 85-85, and the requirements in this chapter are being implemented and to furnish information that may be useful to the Director and the Contracting Agency in carrying out their functions under this chapter.

1115.2

A routine compliance review shall consist of a general review of the practices of the Contractor to ascertain compliance with the requirements of this chapter, and shall be considered a normal part of contract administration.

1115.3

A special compliance review shall consist of a comprehensive review of the employment practices of the Contractor with respect to the requirements of this chapter, and shall be conducted when warranted.

1116

ENFORCEMENT

1116.1

If the Contractor does not comply with the equal opportunity clauses in a particular contract, including subsections 1103.2 through 1103.10 of this chapter, that contract may be cancelled in whole or in part, and the Contractor may be declared by the Director or the Contracting Officer to be ineligible for further District of Columbia Government Contracts subject to applicable laws and regulations governing debarment.

1116.2

If the Contractor meets its goals or if the Contractor can demonstrate that it has made every good faith effort to meet those goals, the Contractor will be presumed to be in compliance with this chapter, and no formal sanction shall be instituted unless the Director otherwise determines that the Contractor is not providing equal employment opportunity.

1116.3

When the Director proceeds with a formal hearing she or he has the burden of proving that the Contractor has not met the requirements of this chapter, but the Contractor’s

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements of this chapter. 1117

COMPLAINTS

1117.1

The Director may initiate investigations of individual instances and patterns of discriminatory conduct, initiate complaints thereupon and keep the Contracting Agency informed of those actions.

1117.2

If the investigation indicates the existence of an apparent violation of the nondiscrimination provisions of the contract required under section 1103 of this chapter the matter may be resolved by the methods of conference, conciliation, mediation, or persuasion.

1117.3

If an apparent violation of the non-discrimination provisions of the contract required under section 1103 of this chapter is not resolved by methods of conference, conciliation, mediation, or persuasion, the Director of the Contracting Officer may issue a notice requiring the Contractor in question to show cause, within thirty (30) days, why enforcement proceedings or other appropriate action should not be initiated.

1117.4

Any employee of any District of Columbia Government Contractor or applicant for employment who believes himself or herself to be aggrieved may, in person or by an authorized representative, file in writing, a complaint of alleged discrimination with the Director.

1118

HEARINGS

1118.1

In the event that a dispute arises between a bidder, offeror or prospective Contractor and the Director or the Contracting Officer as to whether the proposed program of affirmative action for providing equal employment opportunity submitting by such bidder, offeror or prospective Contractor complies with the requirements of this chapter and cannot be resolved by the methods of conference, conciliation, mediation, or persuasion, the bidder, offeror or prospective Contractor in question shall be afforded the opportunity for a hearing before the Director.

1118.2

If a case in which an investigation by the Director or the Contracting Agency has shown the existence of an apparent violation of the non-discrimination provisions of the contract required under section 1103 is not resolved by the methods specified in subsection 1117.2, the Director may issue a notice requiring the Contractor in question to show cause, within thirty (30) days, why enforcement proceedings or other appropriate action should not be initiated. The Contractor in question shall also be afforded the opportunity for a hearing before the Director.

1118.3

The Director may hold a hearing on any compliant or violation under this chapter, and make determinations based on the facts brought before the hearing.

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1118.4

Whenever the Director holds a hearing it is to be held pursuant to the Human Rights Act of 1977, a notice of thirty (30) working days for the hearing shall be given by registered mail, return receipt requested, to the Contractor in question. The notice shall include the following:

(a)

A convenient time and place of hearing;

(b)

A statement of the provisions in this chapter or any other laws or regulations pursuant to which the hearing is to be held; and

(c)

A concise statement of the matters to be brought before the hearing.

1118.5

All hearings shall be open to the public and shall be conducted in accordance with rules, regulations, and procedures promulgated pursuant to the Human Rights Act of 1977.

1119

SANCTIONS

1119.1

The Director, upon finding that a Contractor has failed to comply with the nondiscrimination provisions of the contract required under section 1103, or has failed to make a good faith effort to achieve the utilization standards under an approved Affirmative Action Program, may impose sanctions contained in this section in addition to any sanction or remedies as may be imposed or invoked under the Human Rights Act of 1977.

1119.2

Sanctions imposed by the Director may include the following:

1119.3

(a)

Order that the Contractor be declared ineligible from consideration for award of District of Columbia Government contracts or subcontracts until such time as the Director may be satisfied that the Contractor has established and will maintain equal opportunity policies in compliance with this chapter; and

(b)

Direct each Contracting Officer administering any existing contract to cancel, terminate, or suspend the contract or any portion thereof, and to deny any extension, modification, or change, unless the Contractor provides a program of future compliance satisfactory to the Director.

Any sanction imposed under this chapter may be rescinded or modified upon reconsideration by the Director.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 1119.4

An appeal of any sanction imposed by order of the Director under this chapter may be taken pursuant to applicable clauses of the affected contract or provisions of law and regulations governing District of Columbia Government contracts.

1120

NOTIFICATIONS

1120.1

The Director shall forward in writing notice of his or her findings of any violations of this chapter to the Contracting Officer for appropriate action under the contract.

1120.2

Whenever it appears that the holder of or an applicant for a permit, license or franchise issued by any agency or authority of the Government of the District of Columbia is a person determined to be in violation of this chapter the Director may, at any time he or she deems that action the Director may take or may have taken under the authority of this chapter, refer to the proper licensing agency or authority the facts and identities of all persons involved in the violation for such action as the agency or authority, in its judgment, considers appropriate based upon the facts thus disclosed to it.

1120.3

The Director may publish, or cause to be published, the names of Contractors or unions which have been determined to have complied or have failed to comply with the provisions of the rules in this chapter.

1121

DISTRICT ASSISTED PROGRAMS

1121.1

Each agency which administers a program involving leasing of District of Columbia Government owned or controlled real property, or the financing of construction under industrial revenue bonds or urban development action grants, shall require as a condition for the approval of any agreement for leasing, bond issuance, or development action grant, that the applicant undertake and agree to incorporate, or cause to be incorporated into all construction contracts relating to or assisted by such agreements, the contract provisions prescribed for District of Columbia Government contracts by section 1103, preserving in substance the Contractor’s obligation under those provision.

1199

DEFINITIONS

1199.1

The following words and phrases set forth in this section, when used in this chapter, shall have the following meanings ascribed: Contract – any binding legal relationship between the District of Columbia and a Contractor for supplies or services, including but not limited to any District of Columbia Government or District of Columbia Government assisted construction or project, lease agreements, Industrial Revenue Bond financing, and Urban Development Action grant, or for the lease of District of Columbia property in which the parties, respectively, do not stand in the relationship of employer and employee. Contracting Agency – any department, agency, or establishment of the District of

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Columbia which is authorized to enter into contracts. Contracting Officer – any official of a contracting agency who is vested with the authority to execute contracts on behalf of said agency. Contractor – any prime Contractor holding a contract with the District of Columbia Government. The term shall also refer to subcontractor when the context so indicates. Director – the Director of the Office of Human Rights, or his or her designee. Dispute – any protest received from a bidder or prospective Contractor relating to the effectiveness of his or her proposed program of affirmative action for providing equal opportunity. Minority – Black Americans, Native Americans, Asian Americans, Pacific Islander Americans, and Hispanic Americans. In accordance with D.C. Code, Section 1-1142(1) (Supp. 1985). Subcontract – any agreement made or executed by a prime Contractor or a subcontractor where a material part of the supplies or services, including construction, covered by an agreement is being obtained for us in the performance of a contract subject to Mayor’s Order No. 85-85, and any rules, regulations, and procedures issued pursuant thereto. Subcontractor – any Contractor holding a contract with a District prime Contractor calling for supplies or services, including construction, required for the performance of a contract subject to Mayor’s Order No. 85-85, and any rules, regulations, and procedures promulgated pursuant thereto.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-5 TAX CERTIFICATION AFFIDAVIT

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE CHIEF FINANCIAL OFFICER OFFICE OF TAX AND REVENUE

TAX CERTIFICATION AFFIDAVIT THIS AFFIDAVIT IS TO BE COMPLETED ONLY BY THOSE WHO ARE REGISTERED TO CONDUCT BUSINESS IN THE DISTRICT OF COLUMBIA. Date: _____________________________ Name of Organization/Entity: __ ____________________________________________ Address: ______ Business Telephone No.: ____ Principal Officer: Name: ____________________________________________

Title:_________________________________________________

Soc. Sec. No.:________________________________________

Federal Identification No.:

_____

______________________________________________________________

Contract No.: _______________________________________________________________________________________________ Unemployment Insurance Account No.: __________________________________________________________________________ I hereby certify that: 1. I have complied with the applicable tax filing and licensing requirements of the District of Columbia. 2. The following information is true and correct concerning tax compliance for the following taxes for the past five (5) years: Current Not Current Not Applicable District: Sales and Use ( ) ( ) ( ) Employment Withholding ( ) ( ) ( ) Ball Park Fee ( ) ( ) ( ) Corporation Franchise ( ) ( ) ( ) Unincorporated Franchise ( ) ( ) ( ) Personal Property ( ) ( ) ( ) Real Property ( ) ( ) ( ) Individual Income ( ) ( ) ( ) The Office of Tax and Revenue is hereby authorized to verify the above information with the appropriate government authorities. The penalty for making false statements is a fine not to exceed $5,000.00, imprisonment for not more than 180 days, or both, as prescribed by D.C. Official Code § 47-4106. This affidavit must be notarized and becomes void if not submitted within 90 days of the date notarized. _____________________________________________ Signature of Authorizing Agent

____________________________________ Title

_______________________________________________ Print Name Notary:

DISTRICT OF COLUMBIA, ss:

Subscribed and sworn before me this ___________

day of _________________Month and Year

Notary Public: _______________________________________________________________________________________________ My Commission Expires:_________________________________________________________________________

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-6 BID BOND NOTE: As required under D.C. Official Code 2-305.02(b) and Article 12 of Standard Contract Provisions for use with the District’s Construction Contracts, each bidder must submit a Bid guarantee in the amount of 5% of the total bid price with his/her bid.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 GOVERNMENT OF THE DISTRICT OF COLUMBIA BID BOND (See Instructions on 2nd page) PRINCIPAL (Legal Name and Address)

SURETY(IES) (Name(s) and Address(es))

Date Bond Executed: (Must Not be Later Than Bid Opening Date) TYPE OF ORGANIZATION ("X") [ ] INDIVIDUAL [ ] PARTNERSHIP [ ] JOINT VENTURE [ ] CORPORATION STATE OF INCORPORATION PENAL SUM OF BOND AMOUNT NOT TO EXCEED MILLION(S)

THOUSAND(S)

HUNDRED(S)

5% OF BID CENTS

BID IDENTIFICATION BID OPENING DATE INVITATION NO.

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto are firmly bound to the District of Columbia Government, a municipal corporation, hereinafter called "the District", in the above penal sum for the payment of which we bind ourselves, our heirs, executors, and successors, jointly and severally; Provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly" and "severally" only for the purpose of allowing a joint action against any or all of us, and for all other purposes each Surety bonds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the bid identified above. NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the receipt of the same, or, no period be specified, within ninety (90) calendar days after said receipt, and shall within the period specified therefore, or, if no period be specified, within ten (10) calendar days after being called upon to do so, furnish Performance & Payment Bonds with good and sufficient surety, as may be required, for the faithful performance and proper fulfillment of the Contract, and for the protection of all persons supplying labor and material in the prosecution of the work provided for in such Contract or, in the event of withdrawal of said bid, within the period specified, or the failure to furnish such bond within the time specified, if the Principal shall pay the District the difference between the amount specified in said bid and the amount for which the District may procure the required work and/or supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and virtue. Each Surety executing this bond hereby agrees that its obligation shall not be impaired by extension(s) of time for acceptance of the bid that the Principal may grant to the District, notice of which extension(s) to Surety (ies) being hereby waived: Provided that such waiver of notice shall apply only with respect to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid. IN WITNESS WHEREOF, the Principal and Surety (ies) have executed this bid bond and have affixed their seals on the date set forth above.

1. SIGNATURE Seal Name & Title (typed)

2. SIGNATURE Seal Name & Title (typed)

PRINCIPAL 1. ATTEST

Corporate Seal

Name & Title (typed)

2. ATTEST

Name & Title (typed)

Corporate Seal

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-7 CERTIFICATION AS TO CORPORATION

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

CERTIFICATE AS TO CORPORATION

I, ____________________________________________, certify that I am____________________________________________, Secretary of the Corporation, named as Principal herein, that _________________________________, who signed this bond, on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature thereto is genuine; that said bond was duly signed and sealed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

_______________________________ Secretary of Corporation

SURETY(IES) 1.

State of Inc.

Name & Address (typed)

Signature of Attorney-in-Fact

Liability Limit

Corporate Seal

Liability Limit

Corporate Seal

Attest (Signature)

Name & Address (typed)

Name & Address (typed)

1. Name & Address (typed)

State of Inc.

Signature of Attorney-in-Fact

Attest (Signature)

Name & Address (typed)

Name & Address (typed)

INSTRUCTIONS 1. This form shall be used whenever a bid guaranty is required in connection with construction, alteration and repair work. 2. Corporations name should appear exactly as it does on Corporate Seal and inserted in the space designated “Principal” on the face of this form. If practicable, bond should be signed by the President or Vice President; if signed by other official, evidence of authority must be furnished. Such evidence should be in the form of an Extract or Minutes of a Meeting of the Board of Directors, or Extract of Bylaws, certified by the Corporate Secretary, or Assistant Secretary and Corporate Seal affixed thereto. CERTIFICATE AS TO CORPORATION must be executed by Corporate Secretary or Assistant Secretary. 3. Corporations executing the bond as sureties must be among those appearing on the U. S. Treasury Department’s List of approved sureties and must be acting within the limitations set forth therein, and shall be licensed by the Insurance Administration, Department of Consumer and Regulatory Affairs, to do business in the District of Columbia. The surety shall attach hereto an adequate Power-Of-Attorney for each representative signing the bond. 4. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle initial and last name opposite the word “seal”, two witnesses must be supplied, and their addresses, under the word “attest”. If executed in Maine or New Hampshire, an adhesive seal shall be affixed. 5. Names of all partners must be set out in body of bond form, with the recital that they are partners composing a firm, naming it, and all members of the firm shall execute the bond as individuals. Each signature must be witnessed by two persons and addresses supplied.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-8 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION A.

Each signature of the Bidder is considered to be a certification by the signatory that: (a)

The prices in this Bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any Bidder or competitor relating to: (i) (ii) (iii)

B.

those prices the intention to submit a Bid, or the methods or factors used to calculate the prices in the Bid;

(b)

The prices in this Contract have not been and will not be knowingly disclosed by the Bidder, directly, to any other Bidder or competitor before Contract opening unless otherwise required by law; and

(c )

No attempt has been made or will be made by the Bidder to induce any other concern to submit or not to submit a Bid for the purpose of restricting competition.

Each signature on the bid is considered to be a certification by the signatory that the signatory; (a)

Is the person in the Bidder’s organization responsible for determining the prices being offered in this Bid, and that the signatory has not participated and will not participate in any action contrary to subparagraphs A(a) through A(c) above; or

(b)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs A(a) through A(c) above: ______________________________________________________________ (insert full name of person(s) in the organization responsible for determining the prices offered in this Contract and the title of his or her position in the Bidder’s organization); (ii) As an authorized agent, does certify that the principals named in subsection B(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs A(a) through A(c) above; and (iii) As an agent, has not participated, and will not participate, in any action contrary to subparagraphs A(a) through A(c) above.

C.

If the Bidder deletes or modifies subparagraph A (b) above, the Bidder must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-9 EMPLOYMENT AGREEMENT

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 EMPLOYMENT AGREEMENT For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s Order 83265 and implementing instructions, the Contractor shall use its best efforts to comply with the following basic goal and objectives for utilization of bona fide residents of the District of Columbia in each project’s labor force: at least fifty-one (51) percent of apprentices and trainees employed shall be residents of the District of Columbia registered in programs approved by the District of Columbia Apprenticeship Council. The Contractor shall negotiate an Employment Agreement with the DOES for jobs created as a result of this contract. The DOES shall be the Contractor’s first source of referral for qualified apprentices and trainees in the implementation of employment goals contained in this clause.

Date

Authorized Signature

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-10 CERTIFICATION UNDER “BUY AMERICAN ACT”

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 BUY AMERICAN CERTIFICATION The Bidder hereby certifies that each end product, except the end products listed below, is a domestic end product, and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States. ______________________________________________________EXCLUDED END PRODUCTS ______________________________________________________COUNTRY OF ORIGIN

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

K-11 CERTIFICATION AS TO TYPE OF BUSINESS ORGANIZATION

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 TYPE OF BUSINESS ORGANIZATION The Bidder, by checking the applicable box, represents that (1) It operates as: a corporation incorporated under the laws of the State of ____________________ an individual, a partnership, a nonprofit organization, or a joint venture; or (2) If the Bidder is a foreign entity, it operates as: an individual, a joint venture, or a corporation registered for business in ______________________ (Country)

PART V

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS L.1

SITE VISIT & PRE-PROPOSAL CONFERENCE: A site visit will be Tuesday, August 11, 2009 (10: 00am) located at 3260 R Street NW, Washington, DC. Prospective offerors are strongly advised to visit the site of the proposed work to inspect and familiarize themselves with the extent of the work. Failure to thoroughly investigate said job conditions will not be accepted as a proper basis for considering an alleged error in proposal or for payment of extras under, or revision to, the contract or in any other way as grounds for asserting a claim against the District. (THIS SITE VISIT IS STRONGLY ADVISED)

L.1.1 PRE-PROPOSAL CONFERENCE A Pre-Proposal Conference will be held following the site visit on Tuesday, August 11, 2009 at the D.C. Public Library Martin Luther King Jr. Branch, Office of Procurement, 901 G Street Northwest Room 401 Washington, D.C. 20001. The purpose of the conference is to provide a structured and formal opportunity for the District to accept questions from offerors on the SOLICITATION document as well as to clarify the contents of the SOLICITATION. Impromptu questions will be permitted and spontaneous answers will be provided at the District's discretion. Verbal answers given at the pre-proposal conference are only intended for general discussion and do not represent the DC Public Library’s final position. The prospective Offeror shall submit questions no later than Friday, August 14, 2009 in order to generate an answer. Official answers will be provided in writing to all prospective bidders who are listed on the Pre-Proposal Conference Attendance Roster as having attended the conference. L.1.2. CONTRACT AWARD L.1.3 Most Advantageous to the District The District may award a single or multiple contract(s) resulting from this solicitation to the responsible Offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the District, cost or price, technical and other factors, specified elsewhere in this solicitation considered. L.1.4 Initial Offers The District may award contracts on the basis of initial offers received, without discussion. Therefore, each initial offer should contain the Offeror’s best terms from a standpoint of cost or price, technical and other factors.

L.2

PROPOSAL FORM, ORGANIZATION AND CONTENT

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 This section outlines specific information necessary for the proper organization and manner in which Offerors’ Proposals should be proffered. References are made to other sections in this RFP for further explanation. L.2.1 Submission Identification Submissions shall be proffered in an original and six (6) copies. The Offeror’s submission shall be placed in a sealed envelope conspicuously marked: “Proposal for, BP-07 thru BP 11and BP-14 thru BP- 22, for the Georgetown Library.” L.2.2 Delivery or Mailing of Submissions Submissions should be delivered or mailed to: Wayne R. Minor, Chief Procurement Officer District of Columbia Public Library Att’n: Ameer Abdullah 901 G Street, NW Washington, D.C. 20001 Phone: (202) 727-1206 L.2.3 Date and Time for Receiving Submissions Submissions shall be received no later than 2:00 pm E.D.T., on Wednesday, August 26, 2009. The Offeror assumes the sole responsibility for timely delivery of its Submission, regardless of the method of delivery. L.2.4 Submission Size, Organization and Offeror Qualifications All submissions shall be submitted on 8-1/2” x 11” bond paper and typewritten. Telephonic, telegraphic, and facsimile submissions shall not be accepted. DCPL is interested in a qualitative approach to presentation material. Brief, clear and concise material is more desirable than quantity. The submission shall be organized as follows and shall not exceed 15 pages (double sided); the 15-pages shall only cover items address in Section L and M, other required documentation (e.g. Section K) will not count against the 15-pages. L.2.4.1 Executive Summary Each Offer should provide a summary of no more than three pages of the information contained in the following sections. L.2.4.2 General Team Information and Firm(s) Data A.

Each Offeror should provide the following information for the firm and each of its subcontractors. Name(s), address(es), and role(s) of each firm (including all subcontractors)

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

Firm profile(s), including: Age Firm history(ies) Firm size(s) Areas of specialty/concentration Current firm workload(s) projected over the next two years B.

Description of the team organization and personal qualifications of key staff, including: i.

Identification of the single point of contact for the Contractor.

ii.

Organizational chart illustrating reporting lines and names and titles for key participants proposed by the team.

iii.

Resumes for each key participant on the team, including definition of that person’s role, relevant project experience, and current workload over the next two years.

L.2.4.5 Relevant Experience and Capabilities A.

List all projects that the team members have worked on in the last 3 years that are similar to this project. For purposes of this paragraph, similar shall mean library or civic association/municipal building construction projects where the specific trade contract value exceeded $1 million. For purposes of this requirement, “construction services” means a project where the Offeror or a team member served as a trade contractor. For purposes of this requirement, “construction services” does not include projects where the Offeror or team member acted as owner’s representative, program manager or construction advisor. This information may be provided in an overview matrix format or brief list; however, it should include the (i) name and location of the facility, (ii) the name of the owner, the time frame of the project, (iii) the original budget for the project, and (iv) whether the project was delivered on-time and on-budget. If a project was not delivered on-time or on budget, a brief description of the reasons should be provided.

B.

Detailed descriptions of no more than five (5) projects that best illustrate the team’s experience and capabilities relevant to this project. On each project description, please provide all of the following information in consistent order:

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 i.

Project name and location

ii.

Name, address, contact person and telephone number for owner/ general contractor reference

iii.

Brief project description including project cost, square footage, firm’s scope of work, and key firm strengths exhibited

iv.

Identification of personnel involved in the selected project who are proposed to work on this project

v.

Project process and schedule data including construction delivery method, and construction completion date (any unusual events or occurrences that affected the schedule should be explained)

vi

Construction cost data including initial contract amount, and final construction cost (if final contract amount exceeds original, please explain why).

L.2.4.9 Local Business Utilization Plan Each Offeror must submit a proposed Local Business Utilization Plan that identifies the specific certified business enterprises that will participate in the contract and their anticipated roles. In addition, each Offeror should provide: (i) a narrative description of similar projects and the Offeror’s success in meeting such goals; and (ii) a chart, in summary form, that identifies the Offeror’s major public projects over the last five years and its success in achieving such goals (creativity should be displayed regarding joint-venture and subcontractor agreements). Offeror should complete and submit Sub Contracting Plan Attachment J.10. L.2.4.10 Tax Affidavit Each Offeror must submit a tax affidavit substantially in the form of Attachment K-5. In order to be eligible for this procurement, Offerors must be in full compliance with their tax obligations to the District of Columbia government.

L.3

PROPOSAL SUBMISSION DATE AND TIME, AND LATE SUBMISSIONS, LATE MODIFICATIONS, AND LATE WITHDRAWALS L.3.1 Proposal Submission Proposals must be submitted no later than 2:00 p.m. local time on August 26, 2009. Proposals, modifications to proposals, or requests for withdrawals that are received in the designated District office after the exact local time specified above, are "late" and shall be considered only

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 if they are received before the award is made and one (1) or more of the following circumstances apply: The proposal or modification was sent by registered or certified mail not later than the fifth (5th) calendar day before the date specified for receipt of offers; The proposal or modification was sent by mail and it is determined by the Contracting Officer that the late receipt at the location specified in the solicitation was caused soley by mishandling by the District. The offer is the only offer received. L.3.2 Postmarks The only acceptable evidence to establish the date of a late proposal, late modification or late withdrawal sent either by registered or certified mail shall be a U.S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service. If neither postmark shows a legible date, the proposal, modification or request for withdrawal shall be deemed to have been mailed late. When the postmark shows the date but not the hour, the time is presumed to be the last minute of the date shown. If no date is shown on the postmark, the proposal shall be considered late unless the Offeror can furnish evidence from the postal authorities of timely mailing. L.3.3 Late Modifications A late modification of a successful proposal, which makes its terms more favorable to the District, shall be considered at any time it is received and may be accepted. L.3.4 Late Proposals A late proposal, late modification or late request for withdrawal of an offer that is not considered shall be held unopened, unless opened for identification, until after award and then retained with unsuccessful offers resulting from this solicitation. L.4

EXPLANATION TO PROSPECTIVE OFFERORS (QUESTIONS) If a prospective Offeror has any questions relative to this solicitation, the prospective offeror shall submit the question in writing to the Contact Person, identified on page one, in writing. The prospective Offeror shall submit questions no later than 5:00pm on August 14, 2009. The District will not consider any questions received after August 14, 2009. The District will furnish responses promptly to all other prospective Offerors. An amendment to the solicitation will be issued if that information is necessary in submitting offers, or if the lack of it would be prejudicial to any other prospective Offerors. Oral explanations or instructions given before the award of the contract will not be binding.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 L.5

FAILURE TO SUBMIT OFFERS Recipients of this solicitation not responding with an offer should not return this solicitation. Instead, they should advise the DCPL Office of Procurement, Chief Procurement Officer, by letter or postcard whether they want to receive future solicitations for similar requirements. It is also requested that such recipients advise the DCPL Chief Procurement Officer, of the reason for not submitting a proposal in response to this SOLICITATION. If a recipient does not submit an offer and does not notify the DCPL Chief Procurement Officer, that future solicitations are desired, the recipient's name may be removed from the applicable mailing list.

L.6

PROPOSAL PROTESTS Any actual or prospective bidder, Offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract, must file with the D.C. Contract Appeals Board (Board) a protest no later than 10 business days after the basis of protest is known or should have been known, whichever is earlier. A protest based on alleged improprieties in a solicitation which are apparent prior to the time set for receipt of initial proposals shall be filed with the Board prior to offer opening or the time set for receipt of initial proposals. In procurements in which proposals are requested, alleged improprieties which do not exist in the initial solicitation, but which are subsequently incorporated into this solicitation, must be protested no later than the next closing time for receipt of proposals following the incorporation. The protest shall be filed in writing, with the Contract Appeals Board, 717 14th Street, N.W., Suite 430, Washington, D.C. 20004. The aggrieved person shall also mail a copy of the protest to the Contracting officer for the solicitation.

L.7

UNNECESSARILY ELABORATE PROPOSALS Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the Offeror's lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor desired

L.8

RETENTION OF PROPOSALS All submissions shall be retained by DCPL and therefore shall not be returned to the Offerors. With the exception of proprietary financial information, the submissions shall become the property of DCPL and DCPL shall the right to distribute or use such information as it determines.

L.9

PROPOSAL COSTS The District is not liable for any costs incurred by the Offerors' in submitting proposals in response to this solicitation.

L.10

ACKNOWLEDGMENT OF AMENDMENTS The offeror shall acknowledge receipt of any amendment to this solicitation by (a) signing and returning the amendment; (b) by identifying the amendment number and date in the space provided for this purpose in Section K of the solicitation; or (c) by letter or telegram including mailgrams.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 The District must receive the acknowledgment by the date and time specified for receipt of offers. Offerors' failure to acknowledge an amendment may result in rejection of the offer. L.10.1 Examination of Submissions Offerors are expected to examine the requirements of all instructions (including all amendments, addenda, attachments and exhibits) in this RFP. Failure to do so shall be at the sole risk of the Offeror and may result in disqualification. L.11

ACCEPTANCE PERIOD The Offeror agrees that its offer remains valid for a period of 90 days from the solicitation's closing date.

L.12

BEST AND FINAL OFFERS If, subsequent to receiving original proposals, negotiations are conducted, all Offerors within the competitive range will be so notified and will be provided an opportunity to submit written best and final offers at the designated date and time. Best and Final Offers will be subject to Late Submissions, Late Modifications and Late Withdrawals of Proposals provision of the solicitation. After receipt of best and final offers, no discussions will be reopened unless the Contracting Officer determines that it is clearly in the Government’s best interest to do so, e.g., it is clear that information available at that time is inadequate to reasonably justify Contractor selection and award based on the best and final offers received. If discussions are reopened, the Contracting Officer shall issue an additional request for best and final offers to all Offerors still within the competitive range.

L.13

LEGAL STATUS OF OFFEROR Each proposal must provide the following information: L.13.1

Name, Address, Telephone Number, Federal tax identification number and DUNS Number of Offeror;

L.13.2

District of Columbia, if required by law to obtain such license, registration or certification. If the Offeror is a corporation or partnership and does not provide a copy of its license, registration or certification to transact business in the District of Columbia, the offer shall certify its intent to obtain the necessary license, registration or certification prior to contract award or its exemption from such requirements; and

L.13.3

If the Offeror is a partnership or joint venture, names of general partners or joint ventures, and copies of any joint venture or teaming agreements.

L.13.4

The District reserves the right to request additional information regarding the Offeror's organizational status.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 L.14

STANDARDS OF RESPONSIBILITY The prospective Contractor must demonstrate to the satisfaction of the District the capability in all respects to perform fully the contract requirements, therefore, the prospective Contractor must submit the documentation listed below, within five (5) days of the request by the District. L.14.1 Furnish evidence of adequate financial resources, credit or the ability to obtain such resources as required during the performance of the contract. L.14.2 Furnish evidence of the ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments. L.14.3 Furnish evidence of the necessary organization, experience, accounting and operational control, technical skills or the ability to obtain them. L.14.4 Furnish evidence of compliance with the applicable District licensing, tax laws and regulations. L.14.5 Furnish evidence of a satisfactory performance record, record of integrity and business ethics. L.14.6 Furnish evidence of the necessary production, construction and technical equipment and facilities or the ability to obtain them. L.14.7 If the prospective Contractor fails to supply the information requested, the Contracting Officer shall make the determination of responsibility or nonresponsibility based upon available information. If the available information is insufficient to make a determination of responsibility, the Contracting Officer shall determine the prospective Contractor to be non-responsible.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

SECTION M - EVALUATION FACTORS M.1

EVALUATION FOR AWARD The contract will be awarded to the responsible offeror whose offer is most advantageous to the District, based upon the evaluation criteria specified below. Thus, while the points in the evaluation criteria indicate their relative importance, the total scores will not necessarily be determinative of the award. Rather, the total scores will guide the District in making an intelligent award decision based upon the evaluation criteria.

M. 2

EVALUATION CRITERIA DCPL shall evaluate the initial submissions and any subsequent best and final offers in accordance with the provisions of this Section M and DCPL’s Procurement Regulations.

M.2.1 Evaluation Committee Each submission shall be evaluated in accordance with this Section M by an Evaluation Committee. The Evaluation Committee shall prepare a written report summarizing its findings and submit the same to the source selection official. Based on the information submitted by the Offerors in response to this RFP and the report prepared by the Evaluation Committee, the source selection official shall select the Offeror(s) whose submissions are determined by the source selection official to be the most advantageous to DCPL. M.2.2 Intentionally Left Blank M.3

Proposal Evaluation Each proposal will be scored on a scale of 1 to 100 points. In addition, Offerors will be eligible to receive up to 12 preference points as described in Section M of this RFP for participation by Local, Small or Disadvantaged Business Enterprises. Thus, the maximum number of points possible is 112. The contract will be awarded to the Offeror with the highest evaluated score.

M.3.1 Proposal, Experience & References (40 points) DCPL desires to engage a Contractor with the experience necessary to realize the objectives set forth in Section C of this RFP. Offerors will be evaluated based on their demonstrated experience in (i) LEED rated construction projects in an urban setting; (ii) constructing library facilities and other civic/municipal buildings and knowledge of such facilities in particular work associated with that described in bid packages included in this solicitation (BP 7 through 11 and 14 through 22); (iii) knowledge of, and access to, the local subcontracting market; and (iv) knowledge of the local regulatory agencies and Code Officials. If the Offeror is a team or joint venture of multiple companies, the Evaluation Panel will consider the experience of each member of the team or joint

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 venture in light of their role in the proposed team or joint venture. This element of the evaluation will be worth up to twenty-five (40) points. M.3.2 Cost (25 points) Offerors will be required to submit lump sum bids for the work of the bid package(s). This element of the evaluation is worth up to twenty-five (25) points. The low proposal should be awarded 25 points. Other proposals should be scored based on a proportionate system where scored as follows: (Lowest Price Proposal) Price of Proposal being evaluated

x

weight

= Evaluated Price Score

M.3.3 SLDBE Compliance/Utilization (25 points) DCPL desires the selected Contractor to provide the maximum level of participation for Local, Small and Disadvantaged Business Enterprises as well as employment opportunities for District of Columbia residents. Offerors will be evaluated in light of their demonstrated experience in meeting such goals and their proposed SLDBE Utilization. This factor of the evaluation will be worth up twenty-five (25) points.

M.3.3 Key Personnel (10 points) DCPL desires that personnel be assigned to these projects that have experience in completing LEEDrated construction projects on-time and on-budget. The availability and experience of the key individuals assigned to this project will be evaluated as part of this element. This element of the evaluation will be worth up to ten (10) points.

M.4 PREFERENCE M.4.1.

Preference for Small, Local, and Disadvantaged Business Enterprises General: Under the provisions of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, D.C. Law 16-33 (codified at D.C. Code § 2218.01 et seq.), preferences shall be given to Offerors that are certified by the Department of Small and Local Business Development as being a small business enterprise, having resident business ownership, having a longtime resident business, being a local business enterprise, being a disadvantaged business enterprise, or being a local business enterprise with its principal office located in an enterprise zone. (A copy of the certification acknowledgment letter must be submitted with the Offeror’s Proposal.) In accordance with these laws, the following preferences shall be awarded in evaluating an Offeror’s proposal: Three (3) preference points shall be awarded if the Offeror is certified as having a small business enterprise.

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Three (3) preference points shall be awarded if the Offeror is certified as having a resident business ownership. Ten (10) points shall be awarded if the Offeror is certified as having a longtime resident business. Two (2) preference points shall be awarded if the Offeror is certified as a local business enterprise. Two (2) preference points shall be awarded if the Offeror is certified as being a local business enterprise with its principal office located in an enterprise zone. Two (2) preference points shall be awarded if the Offeror is certified as a disadvantaged business enterprise. Offerors may qualify for more than one of these categories, so that the maximum number of points available under this section is 12 points. Information: For information regarding the application process, contact the Department of Small and Local Business Development at the following address or telephone number: Department of Small and Local Business Development One Judiciary Square Building 441 4th Street, NW, 9th Floor Washington, DC 20001 (202) 727-3900 (Telephone Number) (202) 724-3786 (Facsimile Number)

M.4.2 SLDBE Participation DCPL requires that significant participation by business enterprises certified by the Department of Small and Local Business Development as: (i) a local business enterprise; (ii) a small business enterprise; (iii) a disadvantaged business enterprise; (iv) having a owned resident business; (v) being a longtime business resident; or (vi) having a local business enterprise with its principal office located in an enterprise zone. Accordingly, and in addition to the preference points conferred by Section M, Offerors will be required to submit a Local Business Enterprise Utilization Plan with their proposals. The Utilization Plan must demonstrate how this requirement will be met and, to the extent possible at this stage in the project, should identify the specific firms that will be used and their respective roles. DCPL encourages Offerors to include meaningful SLDBE participation.

M.5

OPEN MARKET CLAUSES WITH 50% SBE SUBCONTRACTING SET ASIDE (CONSTRUCTION) Preferences for Local Businesses, Disadvantaged Businesses, Resident-owned Businesses, Small Businesses, Longtime Resident Businesses, or Local Businesses with Principal Offices Located in an Enterprise Zone

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 Under the provisions of the “Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005” (the Act), Title II, Subtitle N, of the “Fiscal Year 2006 Budget Support Act of 2005”, D.C. Law 16-33, effective October 20, 2005, the District shall apply preferences in evaluating bids or proposals from businesses that are small, local, disadvantaged, resident-owned, longtime resident, or local with a principal office located in an enterprise zone of the District of Columbia. M.5.1

General Preferences For evaluation purposes, the allowable preferences under the Act for this procurement are as follows:

M.5.1.1

Three percent reduction in the offer price or the addition of three points on a 100-point scale for a small business enterprise (SBE) certified by the Small and Local Business Opportunity Commission (SLBOC) or the Department of Small and Local Business Development (DSLBD), as applicable;

M.5.1.2

Three percent reduction in the offer price or the addition of three points on a 100-point scale for a resident-owned business enterprise (ROB) certified by the SLBOC or the DSLBD, as applicable;

M.5.1.3

Ten percent reduction in the offer price or the addition of ten points on a 100-point scale for a longtime resident business (LRB) certified by the SLBOC or the DSLBD, as applicable;

M.5.1.4

Two percent reduction in the offer price or the addition of two points on a 100-point scale for a local business enterprise (LBE) certified by the SLBOC or the DSLBD, as applicable;

M.5.1.5

Two percent reduction in the offer price or the addition of two points on a 100-point scale for a local business enterprise with its principal office located in an enterprise zone (DZE) and certified by the SLBOC or the DSLBD, as applicable; and

M.5.1.6

Two percent reduction in the offer price or the addition of two points on a 100-point scale for a disadvantaged business enterprise (DBE) certified by the SLBOC or the DSLBD, as applicable.

M.5.2

Application of Preferences The preferences shall be applicable to prime contractors as follows:

M.5.2.1

Any prime contractor that is an SBE certified by the SLBOC or the DSLBD, as applicable, will receive a three percent (3%) reduction in the offer price for a offer submitted by the SBE in response to an Invitation for Bids (IFB) or the addition of three points on a 100point scale added to the overall score for proposals submitted by the SBE in response to a Request for Proposals (RFP).

M.5.2.2

Any prime contractor that is an ROB certified by the SLBOC or the DSLBD, as applicable, will receive a three percent (3%) reduction in the

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22

offer price for an offer submitted by the ROB in response to an IFB or the addition of three points on a 100-point scale added to the overall score for proposals submitted by the ROB in response to an RFP. M.5.2.3

Any prime contractor that is an LRB certified by the SLBOC or the DSLBD, as applicable, will receive a ten percent (10%) reduction in the offer price for a offer submitted by the LRB in response to an IFB or the addition of ten points on a 100-point scale added to the overall score for proposals submitted by the LRB in response to an RFP.

M.5.2.4

Any prime contractor that is an LBE certified by the SLBOC or the DSLBD, as applicable, will receive a two percent (2%) reduction in the offer price for a offer submitted by the LBE in response to an IFB or the addition of two points on a 100-point scale added to the overall score for proposals submitted by the LBE in response to an RFP.

M.5.2.5

Any prime contractor that is a DZE certified by the SLBOC or the DSLBD, as applicable, will receive a two percent (2%) reduction in the offer price for a offer submitted by the DZE in response to an IFB or the addition of two points on a 100-point scale added to the overall score for proposals submitted by the DZE in response to an RFP.

M.5.2.6

Any prime contractor that is a DBE certified by the SLBOC or the DSLBD, as applicable, will receive a two percent (2%) reduction in the offer price for a offer submitted by the DBE in response to an IFB or the addition of two points on a 100-point scale added to the overall score for proposals submitted by the DBE in response to an RFP.

M.5.3

Maximum Preference Awarded Notwithstanding the availability of the preceding preferences, the maximum total preference to which a certified business enterprise is entitled under the Act for this procurement is twelve percent (12%) for bids submitted in response to an IFB or the equivalent of twelve (12) points on a 100-point scale for proposals submitted in response to an RFP. There will be no preference awarded for subcontracting by the prime contractor with certified business enterprises. M.5.4 Preferences for Certified Joint Ventures When the SLBOC or the DSLBD, as applicable, certifies a joint venture, the certified joint venture will receive preferences as a prime contractor for categories in which the joint venture and the certified joint venture partner are certified, subject to the maximum preference limitation set forth in the preceding paragraph.

M.5.5

Vendor Submission for Preferences

M.5.5.1

Any vendor seeking to receive preferences on this solicitation must submit at the time of, and as part of its offeror proposal, the following documentation, as applicable to the preference being sought:

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 M.5.5.1.1

Evidence of the vendor’s or joint venture’s certification by the SLBOC as an SBE, LBE, DBE, DZE, LRB, or RBO, to include a copy of all relevant letters of certification from the SLBOC; or

M.5.5.1.2

Evidence of the vendor’s or joint ventures provisional certification by the DSLBD as an SBE, LBE, DBE, DZE, LRB, or RBO, to include a copy of the provisional certification from the DSLBD.

M.5.5.2

Any vendor seeking certification or provisional certification in order to receive preferences under this solicitation should contact the: Department of Small and Local Business Development ATTN: LSDBE Certification Program 441 Fourth Street, N.W., Suite 970N Washington, DC 20001

M.5.5.3

All vendors are encouraged to contact the DSLBD at (202) 727-3900 if additional information is required on certification procedures and requirements.

M.5.6

Mandatory Subcontracting Requirement

M.5.6.1

At least 35% of the dollar value of this construction contract, excluding the cost of materials, goods, and supplies, shall be subcontracted to SBEs.

M.5.6.2

If there are insufficient qualified SBEs to fulfill the subcontracting requirement of the preceding paragraph, 50% of the dollar value, excluding the cost of materials, goods, and supplies, shall be subcontracted to local, small, or disadvantaged business enterprises.

M.5.6.3

For the purposes of paragraph M.5.6.1 purchases from SBEs that provide materials, goods, and supplies may apply to the 35% requirement.

M.5.6.4

For the purposes of paragraph M.5.6.2, purchases from local, small, or disadvantaged business enterprises that provide materials, goods, and supplies may apply to the 35% requirement.

M.5.7

LBE, SBE, or DBE Prime Contractor Performance Requirements

M.5.7.1

If an LBE, SBE, or DBE is selected as a prime contractor and is granted points or price reduction pursuant to the Act, that LBE, SBE, or DBE prime contractor shall perform at least 35% of the contracting effort, excluding the cost of materials, goods, and supplies, with its own organization and resources and, if it subcontracts, at least 35% of the subcontracted effort, excluding the cost of materials, goods, and supplies, shall be with LBEs, SBEs, or DBEs.

M.5.7.2

If the total of the contracting effort, excluding the cost of materials, goods, and supplies, proposed to be performed by the LBE, SBE, or DBE is less than the amount required by the

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 preceding paragraph, then the LBE, SBE, or DBE shall not be eligible to receive preference points or a price reduction for a period of not less than two years. M.5.8

Prime Contractor Performance Requirements Applicable to Joint Ventures

M.5.8.1

If a certified joint venture is selected as a prime contractor and is granted points or price reduction pursuant to the Act, the LBE, SBE, or DBE partner of the joint venture shall perform at least 50% of the contracting effort, excluding the cost of materials, goods, and supplies, with its own organization and resources and, if the joint venture subcontracts, at least 35% of the subcontracted effort, excluding the cost of materials, goods, and supplies, shall be with LBEs, SBEs, or DBEs.

M.5.8.2

If the total of the contracting effort, excluding the cost of materials, goods, and supplies, proposed to be performed by the LBE, SBE, or DBE is less than the amount required by the preceding paragraph, then the LBE, SBE, or DBE shall not be eligible to receive preference points or a price reduction for a period of not less than two years.

M.5.9

Performance Requirement for Contracts of $1 Million or Less If this is a construction contract of $1 million or less for which an LBE, SBE, or DBE is selected as prime contractor and is granted points or price reduction pursuant to the Act, the LBE, SBE, or DBE prime contractor shall perform at least 50% of the on-site work with its own work force.

M.5.10

Subcontracting Plan Any prime contractor responding to this solicitation shall submit, with the proposal, a notarized statement detailing its subcontracting plan. Each subcontracting plan shall include the following:

M.5.10.1

A description of the goods and services to be provided by the SBEs, or if insufficient qualified SBEs, then by SBEs, LBEs, or DBEs;

M.5.10.2

A statement of the dollar value, by type of business enterprise, of the offeror proposal that pertains to the subcontracts to be performed by the SBEs, or if insufficient qualified SBEs, then by the SBEs, LBEs, or DBEs;

M.5.10.3

The names and addresses of all proposed subcontractors who are SBEs, or if insufficient qualified SBEs, then who are SBEs, LBEs, or DBEs;

M.5.10.4

The name of the individual employed by the prime contractor who will administer the subcontracting plan, and a description of the duties of the individual;

M.5.10.5

A description of the efforts the prime contractor will make to ensure that SBEs, or if insufficient SBEs, then SBEs, LBEs, or DBEs, will have an equitable opportunity to compete for subcontracts;

Solicitation No. No. DCPL-2009-R-0019 (Georgetown Neighborhood Library) BP07 thru BP11 and BP14 thru BP22 M.5.10.6

In all subcontracts that offer further subcontracting opportunities, assurances that the prime contractor will include a statement, approved by the contracting officer, that the subcontractor will adopt a subcontracting plan similar to the subcontracting plan required by the contract;

M.5.10.7

Assurances that the prime contractor will cooperate in any studies or surveys that may be required by the contracting officer, and submit periodic reports, as requested by the contracting officer, to allow the District to determine the extent of compliance by the prime contractor with the subcontracting plan;

M.5.10.8

List the type of records the prime contractor will maintain to demonstrate procedures adopted to comply with the requirements set forth in the subcontracting plan, and include assurances that the prime contractor will make such records available for review upon the District’s request; and

M.5.10.9

A description of the prime contractor’s recent effort to locate SBEs, or if insufficient SBEs, then SBEs, LBEs, or DBEs and to award subcontracts to them.

M.5.11

Enforcement and Penalties for Willful Breach of Subcontracting Plan The willful breach by a contractor of a subcontracting plan for utilization of local, small, or disadvantaged businesses in the performance of a contract, the failure to submit any required subcontracting plan monitoring or compliance report, or the deliberate submission of falsified data may be enforced by the DSLBD through the imposition of penalties, including monetary fines of $15,000 or 5% of the total amount of the work that the contractor was to subcontract to local, small, or disadvantaged businesses, whichever is greater, for each such breach, failure, or falsified submission.